PRO-plast Restmengenbörse - Surplus Exchange

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B.BIGLER AG

Conditions governing the use of the Surplus Exchange

of PRO-plast Kunststoff GmbH, Dieselstraße 4-6, D-64347 Griesheim (hereinafter referred to as "PRO plast")

1. Scope

  1. PRO-plast runs a residue exchange for technical, high-tech and TPE raw materials and in this respect publishes its own sale advertisements and third-party sale advertisements on its electronic marketplace at the Internet address www.pro-plast.com.
  2. The vendor of a residue (hereinafter referred to as the “vendor”) shall instruct PRO-plast under these conditions of use to publish the item specified in the order in the form of a standardized sale advertisement on PRO-plast’s electronic marketplace. Only one item at any time may be offered for sale by a sale advertisement. The vendor’s contact and address details are published with the sale advertisement.
  3. In relation to the vendor and its potential customers which are interested in concluding a contract on the basis of a sale advertisement, PRO plast shall act solely as an independent organizer of the www.pro-plast.com website. PRO plast merely supports the concluding of a contract between the vendor and its customers by means of the publication of the respective sale advertisement. PRO plast shall not in any event negotiate or conclude contracts between the vendor and its customers in their names. Any contract relating to the sale of an item shall come into existence only between the vendor and its customers. Nor shall PRO plast take over the physical delivery of the item inserted by the customer or deal with the payment of the purchase price. In this respect, PRO plast shall merely be obliged to publish the sale advertisement after the advertisement has been approved and the order confirmed by the customer and in exchange for the payment of the agreed remuneration.
  4. The present conditions of use exclusively shall be used when a sale advertisement is ordered. Any purchase conditions which are inconsistent with these conditions of use or other vendor conditions shall not apply between the contracting parties. This shall apply even if PRO plast does not expressly challenge the applicability of such conditions on the part of the vendor.

2. Order procedure in respect of sale advertisements

  1. It is necessary for the vendor to be registered in order for it to be able to publish sale advertisements directly via the www.pro-plast.com website. For this purpose, the vendor shall receive a password from PRO plast with which it can log on to the electronic marketplace together with its email address assigned to this password.
  2. The vendor shall send PRO plast, in writing or in text form, an order for the sale advertisement to be published. (The dispatched Internet form shall comply with the text form for the purposes of these conditions of use). If the form provided on the www.pro plast.com website is not used when the order is placed, the order must nevertheless validly refer to these conditions of use in order to be acceptable to PRO plast.
  3. PRO plast shall check each order received to ensure that it contains all the relevant information fully and correctly. If it does contain all the necessary information, PRO plast shall prepare the respective sale advertisement and send it in text form back to the vendor for approval and confirmation of the order. After approval and confirmation of the order by the vendor, PRO plast shall publish the sale advertisement on its electronic marketplace. Approval and confirmation of the order by the vendor must be given in writing or in text form. The vendor’s order shall become valid on approval and confirmation of the order for the sale advertisement.
  4. Notwithstanding the above provisions of this clause 2, PRO plast reserves the right to decline orders.

3. Publication of sale advertisements

  1. In accordance with the provisions of these conditions of use, PRO plast undertakes to store the sale advertisement that has been approved and confirmed by the vendor under clause 2.3 on the www.pro-plast.com website and to publish the retrievable offer on the Internet at www.pro-plast.com.
  2. The vendor shall not be entitled to any particular positioning of the sale advertisement on the Internet site.
  3. The sale advertisement shall remain stored and retrievable for a period of 90 calendar days from the date of first publication on the www.pro-plast.com website. The publication may be extended for further periods of 90 calendar days in each case, if the vendor instructs PRO plast to do so and PRO plast agrees to do so. The extension request and the agreement must each be made in writing or in text form.
  4. The vendor shall be entitled at all times to request the suspension of the publication of its sale advertisement. In that event, the vendor shall not be entitled to request a refund, or even a pro-rata refund, of the payment made.
  5. The www.pro-plast.com website and the sale advertisements shall normally be available for 24 hours a day, seven days a week. However, operational interruptions are possible (e.g. because of maintenance work or network breakdowns). There shall be no entitlement to constant availability.
  6. The vendor shall not enjoy any exclusive rights. In addition to its own sale advertisements and the vendor’s sale advertisement, PRO plast shall publish other sale advertisements from other vendors on the www.pro-plast.com website.

4. Obligations on the part of the vendor

  1. The vendor shall check the sale advertisement without undue delay after the first publication and report any errors within one week of the first publication. If the vendor fails to report any substantial errors within the abovementioned period, the sale advertisement shall, after the expiry of the deadline, be deemed to be accepted with the result that requested changes can only be carried out by means of a new order for which a charge will be made.
  2. The vendor shall be obliged to collaborate where this is necessary for the proper conduct of the order and the publication.

5. Payment and payment conditions

  1. The payment owed by the vendor shall be EUR 25 (in words: twenty-five euros) for each sale advertisement for a period of 90 calendar days in each case and for each agreed extension period.
  2. All amounts invoiced shall be due for payment on receipt of the invoice without deduction. All stated prices are given as net prices and do not include the statutory sales tax (VAT).

6. Electronic evidence

Data in electronic registers or in other electronic form shall be admissible evidence between the contracting parties.

7. Limitation of liability in respect of compensation and reimbursement of expenditure

  1. PRO plast shall be liable in respect of deliberate or malicious acts, pursuant to the German Product Liability Act (Produkthaftungsgesetz), if qualities guaranteed by PRO plast are not present, and in respect of losses resulting from death, physical injury or damage to health, in accordance with the statutory provisions.
  2. If PRO plast is guilty of gross negligence, liability shall be restricted to the foreseeable loss that is typical under the contract.
  3. In the case of minor negligence, PRO plast shall not be liable for any legal reason whatsoever unless an important contractual obligation is contravened, i.e. an obligation the non performance of which will make the proper conduct of the contract impossible and which the vendor normally expects, and is entitled to expect, to be maintained (e.g. obligation to publish the sale advertisement without errors during the agreed period). In this case, liability shall be restricted to the typical loss foreseeable at the time of the approval and confirmation of the relevant order.
  4. In the event of liability on the part of PRO plast, joint culpability on the part of the vendor shall be taken into account to a reasonable extent, particularly in the case of insufficient error reports or insufficient data security. Insufficient data security shall also apply if the vendor has neglected to protect the individual data or a complete set of data, by means of appropriate security measures, against external interference (e.g. against computer viruses).
  5. Where the liability is restricted under clauses 7.2 and 7.3 to the typical and foreseeable loss, PRO plast shall assume that EUR 5000 per loss and a total of EUR 10 000 per order is sufficient to cover the typical and foreseeable loss in the event of a loss. If this sum is not sufficient for the typical or foreseeable loss under clauses 7.2 and 7.3, the vendor shall notify PRO plast when placing the relevant order, in order that cover can be arranged against any higher liability risk.
  6. The limitations on liability agreed in this clause 7 shall also apply in favour of PRO plast’s lawful representatives and vicarious agents.
  7. The above provisions of this clause 7 shall apply accordingly if PRO plast is obliged to refund expenditure instead of paying compensation.
  8. No-fault liability on the part of PRO plast in respect of defects already in existence at the time of the conclusion of the contract pursuant to § 536(a)(1) of the German Civil Code (Bürgerliches Gesetzbuch) is expressly excluded.

8. Limitation period

Claims in respect of defects in quality or title or the breach of a duty arising from an obligation shall become time-barred after one year. Notwithstanding this provision, the normal legal limitation period shall apply in the case of losses resulting from death, physical injury or damage to health, if PRO plast is liable for fraudulent concealment of a defect, deliberate acts or gross negligence, or if it is liable under the German Product Liability Act or if it has given a guarantee in respect of a quality which is not present.

9. Final provisions

  1. Amendments and additions to the contract must be in written form. The same shall apply to any deviation from the above requirement for the written form.
  2. The present conditions of use shall be subject to the law of the Federal Republic of Germany. The UN Convention on the international sale of goods and the conflict of law provisions of international private law shall be excluded.
  3. The registered office of PRO plast shall be agreed as the exclusive venue for jurisdiction in respect of businessmen, legal entities under public law and public-law special funds.
  4. If one or more provisions of these conditions of use or of the order placed on the basis thereof is or becomes invalid or incapable of implementation, or if a gap becomes apparent, the validity of the remaining provisions shall not be affected thereby. In place of the provisions which are invalid or incapable of implementation, or in order to fill the gap, the contracting parties shall agree an appropriate, admissible provision which the contracting parties intended or which, according to the meaning and purpose of these conditions of use, they would have intended if they had considered the invalidity, the impossibility of implementation or the gap.
  5. The present conditions of use have been drafted in German and in English. For purposes of its interpretation and in case of any possible conflict between German and English text the German version shall be decisive and shall prevail.

10. Address and contact

PRO-plast Kunststoff GmbH
Dieselstraße 4-6
D-64347 Griesheim

Phone: +49 (0)6155 / 84 05 - 0
Fax: +49 (0)6155 / 84 05 - 55
email: info@pro-plast.de
web: www.pro-plast.com

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