General Terms and Conditions wind-turbine.com-GmbH
(as at: June 2016)
General Terms and Conditions (hereinafter referred to as "GTC") of wind-turbine.comGmbH, Amtsgericht Hanau HRB 12884, Barbarossastr, 61, 63571 Gelnhausen, legally
represented by the managing director Bernd Weidmann (hereinafter referred to as "windturbine.com").
1. subject matter of the GTC
a) wind-turbine.com-GmbH operates a platform (hereinafter referred to as "wind-turbine.complatform") for internet-based services on the subject of wind energy under the domain
www.wind-turbine.com. On this platform, national and international operators, manufacturers
and dealers can present their turbines, suppliers their components and service providers their
services relating to wind turbines. Furthermore, the platform enables providers to inform
about new projects and developments, current job offers, dates and news. The portal can also
be used by interested parties to submit an enquiry for a service or product, which will be
forwarded by wind-turbine.com to suitable service providers or product suppliers. The
aforementioned services of wind-turbine.com are hereinafter referred to as "wind-turbine.com
services".
b) The subject of these GTC is the operation of the wind-turbine.com platform and the windturbine.com services, the mediation of enquiries from interested parties (leads) and the
regulations for third-party services mediated via the platform (hereinafter referred to as "thirdparty services").
c) wind-turbine.com offers the wind-turbine.com platform and the wind-turbine.com services
only on the basis of these GTC. However, these GTC are subordinate to individual
agreements of the parties, separate agreements regarding data protection, separate agreements
regarding the service description and special conditions for the respective service.
d) General terms and conditions of a user are excluded.
2 Conclusion of contract, registration
a) In order to use the wind-turbine.com services, registration as a user is required.
b) Registration as a user is permitted to all natural or legal persons. However, there is no
entitlement to registration.
c) By sending the completed registration form in electronic form, the user makes an offer to
wind-turbine.com to conclude the contract of use. wind-turbine.com can then check the user's
details at its own discretion. The acceptance of the offer to conclude a usage contract by windSubscribe to DeepL Pro to edit this document.
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turbine.com takes place by activating the user on the wind-turbine.com platform, about which
the user receives a notification email.
d) The user must provide all information in the registration form completely and correctly. In
the case of the registration of a legal entity or a partnership, the registration must be made by
a natural person who is authorised to represent the entity and who must be listed by name in
the registration.
e) The user is obliged to keep the stored personal data up-to-date and complete at all times.
f) When registering, the user selects a password that always complies with the current
password security requirements.
g) Passing on the password to third parties is not permitted. The password must be protected
from inspection by third parties. In the event that unauthorised persons are able to access the
user's account, the user must inform wind-turbine.com of this and immediately choose a new
password.
h) The user contract and the user account are not transferable or assignable.
3. function of the wind-turbine.com platform, scope of the contract of use
a) The wind-turbine.com platform is a virtual market place where users can offer and request
services and products. The wind-turbine.com-GmbH merely provides the technical
requirements for this purpose. In particular, wind-turbine.com is not itself a provider of the
wind turbines, components, accessories or services posted.
b) If a contract is concluded via the wind-turbine.com platform, wind-turbine.com is not
involved in this contract. wind-turbine.com is neither the representative nor the vicarious
agent of a party. wind-turbine.com is not subject to any obligations arising from contractual
relationships between users. In particular, wind-turbine.com does not assume any liability for
the correct description of services, tendering, acceptance or implementation of a product
tender or third-party services or for the conclusion of such contracts.
c) According to the user contract, users are authorised to use the functions offered on the
wind-turbine.com platform as intended. There is no entitlement for services or provision of
services going beyond this.
d) The wind-turbine.com services consist of the operation and maintenance of the windturbine.com platform and the forwarding of service or product enquiries or contact details to
potential providers. The platform is accessible via remote means of communication. The
scope of use results from these GTC.
e) The functional scope of the wind-turbine.com platform is not conclusively defined and can
be extended, restricted or modified in any other way by wind-turbine.com at any time.
f) In the event of maintenance of the wind-turbine.com platform, the accessibility of the site
may be limited. wind-turbine.com makes every effort to prevent such downtime. Should an
outage nevertheless occur, wind-turbine.com will rectify this problem as quickly as possible.
No specific availability of the wind-turbine.com platform is promised. In particular, windturbine.com is not responsible for downtimes due to technical or other problems beyond its
control (force majeure, fault of third parties, etc.).
g) The information provided by users via the platform is stored by wind-turbine.com and
checked for plausibility at its own discretion. It is pointed out that users may provide false
information about the respective person or the order. It can also not be excluded that the windturbine.com platform is otherwise used by third parties in breach of contract. In this respect,
wind-turbine.com does not assume any guarantee or obligation to indemnify in such cases.
f) wind-turbine.com uses a data centre within the EU. wind-turbine.com is free to use another
data centre within the EU.
4. obligations of users
a) Users are not permitted to use the wind-turbine.com platform in breach of contract or for
any other illegal purposes. If a user suspects that the wind-turbine.com platform is being used
in breach of contract, wind-turbine.com must be contacted immediately.
b) Each user is fully responsible for his or her information, service descriptions, offers,
images and content. Before placing offers and contents, the user has to check that their
retrievability or use does not violate legal regulations, morality or the rights of third parties
(e.g. trademark, name, copyright or data protection law or the protection of minors). windturbine.com will not check the information, service descriptions, offers, pictures or contents
and is not obliged to do so.
c) All users are obliged to comply with all relevant legal information obligations in all
communication processes via the wind-turbine.com platform.
d) The wind-turbine.com platform may only be used for the purposes stated above. Use of the
wind-turbine.com platform for advertising purposes outside of the products and services
offered is prohibited.
e) Users must ensure that the stability and availability of the wind-turbine.com platform is not
jeopardised by excessive use of the wind-turbine.com platform.
f) Users undertake to follow the instructions of wind-turbine.com, even if these take the form
of instructions, notes and FAQs.
g) Each user indemnifies wind-turbine.com from any claims made by third parties against
wind-turbine.com due to a breach of duty by the user, unless the respective user is not
responsible for the breach of duty. Reasonable costs of legal defence (especially lawyer's fees)
of wind-turbine.com are also to be reimbursed.
5. offer products or services
a) The wind-turbine.com platform enables users to offer products and services.
b) Users are obliged to select the appropriate category for the services or products offered and
to place the services or products in this category and to describe them completely and
truthfully with words and pictures.
c) It is forbidden to publish advertisements or other contents on the wind-turbine.com
platform that violate legal regulations, third party rights or morality.
d) In particular, advertisements and content that violate laws, are dishonest or misleading,
infringe the rights of third parties, distribute or spread spam, chain letters or pyramid schemes,
send viruses or other technologies, lead to excessive load or malfunction of the windturbine.com platform are prohibited.
e) It is prohibited to copy, modify or distribute the content of other advertisements.
The use of robots, crawlers, spiders, scrapers or other automated mechanisms to access the
wind-turbine.com platform and collect content, for any purpose, is not permitted.
f) No information about other users, in particular e-mail addresses, may be collected or
obtained in any way without the consent of the user.
g) If a user offers goods or services on the wind-turbine.com platform as a commercial or
business-like provider, he must observe the special legal regulations for commercial providers
and ensure that he or his advertisement complies with the legal requirements regarding the
compulsory information on the imprint or provider identification according to § 5 of the
German Telemedia Act (TMG) and the regulations on distance selling law in the sense of §
312 c BGB.
h) wind-turbine.com reserves the right to delay the publication of advertisements and other
content on the wind-turbine.com platform for security reasons or not to publish such an
advertisement, despite no legal obligation to do so.
i) By publishing the advertisement on the wind-turbine.com platform, the user grants windturbine.com and the companies associated with wind-turbine.com a non-exclusive,
worldwide, unlimited, irrevocable, transferable and sub-licensable, royalty-free right of use in
all known and as yet unknown types of use with regard to all copyrights, database rights,
industrial, intangible or other property rights.
j) Entitled persons, in particular owners of copyrights, trademark rights or other property
rights, may report offers which infringe their rights to wind-turbine.com and request their
removal. In the event of proof of such infringement, the corresponding advertisement will be
deleted by wind-turbine.com.
k) wind-turbine.com may restrict or terminate its services at any time. wind-turbine.com may
at any time delete the advertisement or other content posted on the wind-turbine.com
platform. wind-turbine.com is entitled to warn or temporarily or permanently delete users who
behave in breach of contract.
l) The advertisements published on the wind-turbine.com platform originate from users. windturbine.com does not guarantee or warrant the accuracy of the advertisements or the
communication between users or the quality, safety or legality of the goods or services
offered.
6. submit search query
a) Every user can submit a non-binding request for a product or service (hereinafter referred
to as "search request") on the wind-turbine.com platform free of charge to the platform or to
another user directly. In doing so, wind-turbine.com ensures through various measures that
the person submitting the search request receives acceptable offers from up to three providers
as quickly as possible. Due to the possible complexity of the planned project, a preliminary
assessment of the processing time cannot be made. wind-turbine.com endeavours to process
the request as quickly as possible. However, the actual preparation of the offer depends to a
large extent on the processing time of the user.
b) If the request is submitted to the wind-turbine.com platform, wind-turbine.com will analyse
the search request, request further information from the submitter if necessary and offer it by
telephone or e-mail to a maximum of three suitable suppliers without naming the contact
details of the submitter at a price determined by wind-turbine.com. If the search request is
interesting for a user, he can request the contact details of the person placing the request from
wind-turbine.com. By sending the contact details of the placing party, the user commits to pay
the agreed price for the enquiry (lead) to wind-turbine.com.
c) wind-turbine.com is in any case entitled to publish the search request under the heading
"Search requests" on the wind-turbine.com platform without naming the contact details. With
the publication of the search request it is publicly viewable for all guests and users. The
search request can then be called up by every guest and user and, if interested, users of windturbine.com can request the contact details of the person submitting the request. By sending
the contact details of the person submitting the search request, the user undertakes to pay the
agreed price for the search request (lead) to wind-turbine.com.
d) The contact details of a person submitting a search request will in any case be passed on a
maximum of three times.
e) If the search request is sent directly to a user, wind-turbine.com will send the customer data
of the placing party at the request of the user. By sending the data, the user agrees to pay the
agreed price for the contact data.
f) The user has 7 days from sending the contact details to submit an offer to the person
submitting the request. The user has to inform wind-turbine.com immediately about the
preparation of the offer. In the event that the user does not send an offer to the search request
submitter within 7 days or fails to inform wind-turbine.com of such an offer within 7 days,
wind-turbine.com shall be entitled to forward the search request to other suitable users and
additionally make it accessible to other users under the heading "search request" on the windturbine.com platform.
g) After the person placing the search request has received the offers, the decision whether to
accept an offer or not lies with him/herself. wind-turbine.com is neither involved as a
contractual partner nor does it act as a representative or vicarious agent of the contractual
parties.
7. disclosure of data
a) Every user expressly agrees that his personal data (e.g. details of the application and
contact data) may be stored by wind-turbine.com and forwarded to other users by windturbine.com. Passing on the data to other third parties is excluded.
b) The collection, processing and storage of data shall be carried out exclusively in
accordance with the provisions of German data protection law.
8 Remuneration and invoicing
a) The registration and use of the wind-turbine.com portal is basically free of charge.
b) wind-turbine.com will charge a fee for the transfer of contact details of users submitting
search requests to wind-turbine.com, which will be agreed between wind-turbine.com and the
users or determined by wind-turbine.com prior to the transfer of these contact details. The
remuneration is due immediately with the transmission of the contact data.
c) wind-turbine.com issues an invoice in accordance with the tax guidelines by e-mail. A
paper invoice can be ordered by the user for a separate fee.
d) The user shall assert objections against invoices of wind-turbine.com within three months
after receipt at the latest. The user is excluded from raising objections that are not raised in
time, unless the user proves that he is not responsible for the untimely assertion. windturbine.com will point out this exclusion effect to the user in the invoices.
e) wind-turbine.com can demand lump-sum reminder costs of € 3.50, unless the user is
demonstrably not responsible for the delay in payment of the remuneration. The lump sum of
the reminder costs does not affect a possible proof that no, a considerably lower or a
considerably higher damage has occurred.
f) All remunerations or prices in offers or price lists are subject to value added tax.
9 Limitation of liability
a) The following regulations on the limitation of liability of wind-turbine.com apply to all
claims for damages and cases of liability, irrespective of the legal grounds on which they are
based (e.g. warranty, delay, impossibility, breach of duty, impediment to performance, tort
etc.) except for:
- Claims by a user for damages arising from injury to life, limb and health,
- Rights and claims of a user in case of fraudulent concealment of a defect by windturbine.com or due to the absence of a quality for which wind-turbine.com has assumed a
guarantee,
- Claims and rights of a user which are based on intentional or grossly negligent behaviour of
wind-turbine.com itself, its legal representatives or vicarious agents as well as
- Claims of a user under the Product Liability Act.
For the above exceptions, the statutory regulation alone shall apply.
b) wind-turbine.com is only liable in the case of merely negligent causation of damage in the
case of violation of essential obligations (cardinal obligations), i.e. obligations the fulfilment
of which is necessary to achieve the purpose of the contract or the observance of which the
contractual partner may regularly rely on. In case of breach of cardinal obligations, the
liability of wind-turbine.com is limited to the compensation of the typical damage foreseeable
by wind-turbine.com at the time of conclusion of the contract. Apart from that, windturbine.com shall not be liable for damages caused by slight or simple negligence.
c) A liability for the compensation of indirect damages, especially for lost profit, only exists
in case of intent or gross negligence of legal representatives, executives or other vicarious
agents of wind-turbine.com.
d) The general accessibility of the wind-turbine.com platform is free of charge. Liability for
non-existing availability is therefore excluded. In particular, there are no claims against windturbine.com if non-availability has an effect on the conclusion of a contract, e.g. because an
offer or a request cannot be placed.
e) wind-turbine.com cannot guarantee that suitable suppliers can be found for every search
query and that they can be induced to submit corresponding offers. Neither the conclusion of
a contract nor the successful execution of a contract is owed by wind-turbine.com. The
warranty of wind-turbine.com is excluded in this respect.
f) wind-turbine.com is not responsible for breaches of duty that arise within the scope of any
contractual relationship between the interested party and the supplier.
10 Term, termination, deletion, blocking and other measures
a) The contract of use runs for an indefinite period of time and can be terminated by both
users and wind-turbine.com at any time with four weeks' notice. A written notice to windturbine.com or an email to info@wind-turbine.com is sufficient for a user's declaration of
termination.
b) If wind-turbine.com has reason to believe that a user is in breach of duty, e.g. due to
complaints by third parties, wind-turbine.com will inform the user of this. In doing so, windturbine.com may set a reasonable period of time for a statement, which may only be a few
hours in case of particular urgency.
c) wind-turbine.com can take the following measures if there are concrete indications that a
user is committing or has committed breaches of duty (e.g. incorrect contact details, incorrect
information on the service description, damage to other users, etc.). ) is committing or has
committed:
- Deletion of individual search queries or content of the user on the wind-turbine.com
platform;
- Limitation/restriction of the use of the wind-turbine.com platform by the user;
- Blocking or deletion of the user's account;
d) When choosing the measure, wind-turbine.com takes into account the operational
requirements of wind-turbine.com, its own liability risks as well as the legitimate interests of
any claimants and the user (e.g. fault, weight of the breach of duty, risks, opinion of the user).
e) It is forbidden for blocked users to register again with the wind-turbine.com platform under
a different profile and/or name.
f) Until the end of the contract, the user can view his requests and contents in the state in
which they are available at wind-turbine.com and, if necessary, save or print them via the
browser. Afterwards, wind-turbine.com is entitled to delete them. wind-turbine.com can save
and use the user's content beyond the end of the contract, as long as the user's legitimate
interests are not opposed.
11. assumption of contract by third parties
wind-turbine.com is entitled to transfer all rights and obligations arising from the usage
contract in whole or in part to a third party with a notice period of four weeks. In this case, the
user is entitled to terminate the usage contract within three weeks after receipt of the
notification with a notice period of 4 working days.
12 Final Provisions, Applicable Law and Place of Jurisdiction
a) The current version of the GTC is available for download on the wind-turbine.com
platform. wind-turbine.com does not assume any obligation to save or keep older versions
available.
b) wind-turbine.com reserves the right to change these GTC, as far as the contractual position
of the user is not significantly worsened by the change, in particular the regulations with
fundamental importance (e.g. term, liability) remain essentially unchanged and this is
necessary to adapt to developments which were not foreseeable at the time of the conclusion
of the contract and whose non-consideration would noticeably disturb the balance of the
contractual relationship. Furthermore, adjustments or additions to the GTC may be made
insofar as this is necessary to eliminate difficulties in the performance of the contract due to
regulatory gaps that have arisen after the conclusion of the contract.
c) The amended terms and conditions will be sent to the users by e-mail at least six weeks
before they come into force. If a user does not object to the validity of the new GTC within
six weeks after receipt of the e-mail, the amended GTC shall be deemed to be accepted. windturbine.com shall separately inform the users of the significance of this period in the e-mail
containing the amended conditions. If the user objects within the deadline, the contract will
continue to run according to the previous conditions.
d) The assertion of a right of retention or offsetting is only possible for the user with
counterclaims that have been legally established or are undisputed by wind-turbine.com.
e) Claims against wind-turbine.com may not be assigned to third parties in whole or in part.
f) Should individual provisions of these terms and conditions and / or the contract of use be
wholly or partially invalid or unenforceable, or should they later lose their legal validity or
enforceability, this shall not affect the validity of the remaining provisions of these general
terms and conditions and / or the contract of use.
g) All legal relationships on which these GTC are based shall be governed by the law of the
Federal Republic of Germany without the provisions that lead to the applicability of foreign
law or the CISG.
h) With merchants, legal entities under public law or special funds under public law,
Gelnhausen is agreed as the exclusive place of jurisdiction. In addition, Gelnhausen shall be
the exclusive place of jurisdiction if the user does not have a general place of jurisdiction in
Germany or the user moves his place of residence or habitual abode out of Germany after
conclusion of the contract or the place of residence or habitual abode of the user is unknown.
End of the GTC
Status: 1 June 2016
