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GENERAL TERMS AND CONDITIONS


CONTENTS:

A.  PURCHASE OF GOODS ON THE Pluggi-WEBSITE

B.  SALE OF GOODS ON THE Pluggi-WEBSITE

A.  PURCHASE OF GOODS ON THE Pluggi-WEBSITE

  1. Provider and Subject Matter

  1. The Website www.pluggi.de (hereafter “Website“) is operated by Pluggi GmbH, Neuerburgstraße 2, 51103 Köln (hereafter designated as “we” or “us“).  This section A. of the General Terms and Conditions (referred to as “T&C” hereinafter) shall apply to the purchase of items on the Website.
  2. On the Website, registered users (hereafter “User(s)“) can order. from third party sellers, goods promoted by such sellers on the Website (hereafter “Seller“). The contract regarding such aforesaid goods will not be concluded between the User and ourselves but between the user and the respective Seller. We act, in such context, as a representative of the Seller.

  2. Conclusion of the Contract  with Us about Use of Website

  1. Our making available of the website does not yet constitute a binding offer for conclusion of a contract between the user and us on the respective use. A binding offer shall only occur once that the User transfers its request for registration to us. We shall accept such offer in that we confirm the user’s registration via email.
  2. We will store the provisions of the contract, including the registration information and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The registration information is contained in the order overview presented within the last step of the registration process.
  3. Languages made available for conclusion of the contract shall be English and German.

  3. Conclusion of Contracts between Users and Sellers

  1. The Seller’s presentation of a product on the Website does not yet constitute an offer of the respective Seller for conclusion of the respective (purchase)contract. Only if the User submits an order for a respective product, she thereby submits an order for conclusion of a corresponding contract with the respective Seller. The contract shall be concluded, if and as soon as we, in our capacity as representatives of the respective Seller, accept the offer within a reasonable time period through a notice via our own Website communication device or via email or by sending the item.
  2. The contract data will be stored up by us and shown on the last page of the ordering process. You can print the contract data and store it, by using the respective functionality of your browser (usually “print” respectively “file” > “save as”).
  3. Languages made available for conclusion of the contract shall be English and German.

  4. User Account

  1. When registering a user account, complete and correct information shall be given. No information concerning any third person may be used without such person’s consent.
  2. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.

  5. Payment

  1. The payment by the User is made not to the Seller, but to us as a representative of the seller.

  6. Delivery

  1. The delivery to the User is carried out by us.

  7. Termination

  1. Each party shall be entitled to terminate the contract on the usage of the Website at any time with 14 days’ notice.

  8. Information on Seller’s Warranty Obligations

  1. We would like to inform you that the Seller’s liability for warranty obligations is provided for under the applicable statutory provisions.

  9. Exclusions and Limitations of Liability

  1. Our liability for damages shall be subject to the following:
  2. In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
  3. In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
  4. Otherwise our liability, regardless of its legal grounds, shall be excluded.
  5. The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
  6. Any liability based on the assumption of a guarantee or under the German Product Liability Act (“Produkthaftungsgesetz”) shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).

  10. Applicable Laws, Court of Jurisdiction

  1. German laws shall apply. The UN sales convention shall not apply. Where the customer is a consumer, such aforesaid choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
  2. For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at the user’s location instead.

B.  SALE OF GOODS ON THE Pluggi-WEBSITE

  1. Provider and Area of Application

  1. The Website www.pluggi.de (hereafter “Website“) is provided by Pluggi GmbH, Neuerburgstraße 2, 51103 Köln, Germany (hereafter designated as “we” or “us“). This section B. of the General Terms and Conditions (referred to as “T&C” hereinafter) shall apply to the sale of goods on the Website.
  2. On the Website you (hereinafter referred to as “Seller” or “you” ) can, after registration, upload goods for sale and have them thus promoted, so that interested users can purchase them directly via the Website (such aforesaid users are hereinafter referred to as “Buyer“). A contract for a particular product is not concluded between the Buyer and us, but between the Buyer and the Seller.
  3. When selling we act as a representative of the Seller. The procedure of our agency activity is detailed in section 2 below.
  4. The Website is only open for private Sellers.

  2. Procedure of our Agency Activity

  1. Registration as a Seller: A prerequisite for the use of our agency services is registering as a Seller. In order to register, the Seller must verify her address in an appropriate manner.
  2. Sales Order and Upload of the Product on the Website: The Seller gives us a sales order. We will thereupon upload the product with a description and with appropriate images in digital form on the Website. If we accept the sales order, we will make the product available for purchase on the Website.
  3. Submission of the Product: Where a product is ordered and we receive the Buyer’s corresponding (pre-)payment, we will notify the Seller and ask him to send us the product. Within Germany, the submission is at our expense (we provide the Seller with a shipping label via email), outside of Germany it is at the expense of the Seller. The seller has 72 hours time for the shipment (transfer to the parcel collection point).. When the article will be handed over to the parcel collection point at a later point of time, we can reject it and send it back to the Seller. The costs of the return shipment are taken over by the Seller.
  4. Examination of Product: After receipt we check whether or not the product corresponds to the description of the Seller (incl. photos), including without limitation the authenticity of branded goods. If the product corresponds to the description, we take the Buyer’s order and deliver the product to the Buyer. If the product is not conform to the description, we can reject the product and send it back to the Seller. The costs of the return shipment are taken over by the Seller.

  3. Determination of the Sales Price

  1. In connection with its sales order the Seller gives us the price at which she wants to sell. We have the right to apply a higher or lower price, but without the consent of the Seller a reduction of more than 10% shall not be permitted.

  4. User Account

  1. When registering please enter complete and correct information. No information concerning third persons may be used without such persons’ consent.
  2. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.

  5. Conclusion of Contract about Usage of our Agency Services

  1. Our making available of the website does not yet constitute a binding offer for conclusion of a respective usage contract between the Seller and us. A binding offer is made by the Seller will be placed in that the Seller submits her request for registration on the Website to us, as well as any proof required by us for verification of her address. Eventually, we shall accept such aforesaid offer of the Seller through an email confirming the Seller’s registration.
  2. We will store the contractual provisions, i.e. the registration data and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The registration information is contained in the order overview presented within the last step of the registration process. The conditions of contract including the General Terms and Conditions moreover are contained in the e-mail message with the confirmation of registration, which we will send to you in ase of acceptance of your registration.
  3. Languages made available for conclusion of the contract shall be English and German.

  6. Remuneration

  1. For the Seller’s use of the Website we will charge her a commission in each applicable instance. Details hereto are announced in the description of our services on the website, above all the amount of the commission and its due date. 
  2. The Commission can be deducted from payments forwarded to the Seller.
  3. Invoices and / or credit notes will be submitted by us via e-mail.

  7. Transfer of Buyers’ Payments

  1. Buyers’ payments will be collected by us. We will forward Buyers’ incoming payments to the Seller within 10 days after the article has been sent by the Seller to us with deduction of our respective commission .

  8. Provision of Data and information on the Website

  1. No Breach of Third Party Rights: You shall ensure that no content provided by you for use on the Website is in breach with any third party industrial and/or intellectual property rights of any third party(ies) like e.g. copyrights, name rights, trademarks or design rights and, furthermore, that they do not breach any privacy rights or personality rights of any third party(ies).

  9. Termination

  1. Each party shall be entitled to terminate the contract on the usage of the Website at any time with 14 days’ notice.

  10. Exclusions and Limitations of Liability

  1. Our liability for damages shall be subject to the following:
  2. In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligence when life, body or health is violated.
  3. In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations, of which the fulfilment is a prerequisite for performance of the contract and on which the other party may generally trust to be complied.
  4. Otherwise our liability, regardless of its legal grounds, shall be excluded.
  5. The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
  6. Any liability based on the usage of a guarantee or under the German Product Liability Act (“Produkthaftungsgesetz”) shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).

  11. Applicable Laws, Court of Jurisdiction

  1. German laws shall apply under exclusion of the UN sales convention. Concerning the consumer, such aforesaid choice of law shall only apply to the extent that it does not minimizes mandatory prescriptions of State where the customer has its residence or habitual permit of residence.