Terms of Service
Chem2Market GmbH (hereinafter referred to as "C2M"), Hamburg Commercial Register, HRB 125 193, operates a marketplace on the Internet under chem2market.com for the commercial purchase and sale of chemical products
1. scope of application
- The subject of these General Terms and Conditions (hereinafter referred to as "GTC") is the use of the marketplace Chem2market.com. These Terms and Conditions apply irrespective of the domains, systems, platforms and devices used (e.g. desktop or mobile).
- C2M is a B2B trading marketplace exclusively for commercial buyers and sellers. It is not addressed to consumers.
- Deviating general terms and conditions of the users shall only apply if Chem2Market GmbH has expressly agreed to them in writing. Failure to reject contrary and communicated general terms and conditions of the user shall not constitute consent.
- All content and information posted by the users is referred to as content.
- C2M provides the marketplace and is not a party to sales contracts between users.
- C2M reserves the right to adapt the offer to technical progress and new legal conditions. In this context, existing functionalities may be changed or expanded, but also outdated functionalities may be restricted or switched off. The interests of the users are taken into account accordingly.
- Registration is required to publish content, e.g. offers and requests. The registration is free of charge.
- Users must be merchants in the sense of the trade law. C2M may require each user to prove that the conditions of use are fulfilled.
- Every natural person must have unlimited legal capacity as a user and be of legal age.
- C2M reserves the right to exclude members and providers at any time due to security concerns. No reasons need be given for this. Therefore, there is no entitlement to use C2M at any time.
- The user acknowledges these GTC and any other possible changes that are brought to his or her attention during the registration process. In the event of a change to the GTC, which is communicated to the user in text form, the user may object to it and thus terminate the user relationship. If no objection is made, the new AGB are considered accepted.
- The user acknowledges that it is technically impossible to achieve 100% availability of the C2M service. In particular, maintenance, security or capacity issues, as well as events beyond the control of C2M, can lead to short-term disruptions or temporary suspension of services on the C2M website.
3. use of the Marketplace
- The user is obliged to protect his access data from unauthorised access by third parties. C2M must be informed immediately if there is any misuse of its own access data
- Users can offer products and publish sales and purchase requests. Products must be indicated with name and description. Not allowed are references to homepage and e-mail addresses in all published contents. Excluded are advertisements, which are booked separately.
4. obligation of the users
- Users are obliged to publish only correct information and content and to keep this information true and complete throughout the entire period of use; not to publish any illegal content or content that violates the rights of third parties;to ensure that the public reproduction of the contents transmitted by him (in particular photos and logos) is permitted under the applicable law
- to publish only serious content
- to refrain from unreasonably harassing other users, in particular by means of spam, and from carrying out or promoting anti-competitive activities, including progressive customer acquisition (such as chain, snowball or pyramid systems)
- to use information obtained in the form of enquiries or from published content exclusively for the conduct of its own business; in particular, any further use, regardless of the purpose, is not permitted; any violation of this provision entitles C2M to claim damages;
- Users undertake to only post or trade in products that comply with the legal regulations of the respective country.
5. rights and obligations of Chem2Market
- C2M shall not be liable for content posted by users. C2M is entitled to refuse to publish content without giving reasons.
- C2M does not check whether the content posted by the user infringes the rights of third parties. The user is responsible for the permissibility of the content he/she has posted and for ensuring that it does not infringe the rights of third parties.
6. Purchase contract and prices
- The prices stated on the product pages are generally in EURO, unless otherwise stated, plus freight EXW, plus value added tax at the respective legally prescribed rate.
- The presentation of goods on the market place does not represent a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order products.
- By clicking on the button ["buy" / "order now for payment"] the user submits a binding offer to purchase (§ 145 BGB )
- After receipt of the purchase offer, the customer receives an automatically generated e-mail confirming receipt of the order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of the purchase order. A contract is not yet concluded by the confirmation of receipt.
- A purchase contract for the goods is only concluded when the supplier of the goods confirms the order.
- The delivery is upon agreement between buyer and seller.
- Information on delivery times is agreed between buyers and sellers directly.
- Payments can be made by direct debit / direct debiting, invoice or by Paypal.
- A right of retention may only be applied if the claims result from the same contractual relationship.
9. reservation of property rights
- Until full payment the goods remain the property of the seller
- All products are subject to prior sale
10. data protection
The data protection declaration of C2M GmbH in its currently valid version applies.
All subscriptions must be cancelled 4 weeks before the end of the term. The cancellation must be made in writing. C2M also reserves the right to terminate the contractual relationship without observing the notice periods for good cause. Good cause is deemed to be, in particular, insolvency, an application to open insolvency proceedings, deception regarding material facts or breach of material contractual obligations. If there is no written notice of termination, the contract is automatically extended by the previously existing contract period.
12. warranty and liability
- C2M assumes no liability for the information reproduced or statements made by the user. It is not liable for any breach of duty by a user towards another user on the basis of contracts concluded between them.
- Should C2M be liable in accordance with statutory provisions, the following shall apply:
- Claims for damages by the user are excluded. Excluded from this are claims for damages by the user arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Chem2Market, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
- In the event of a breach of material contractual obligations, C2M is only liable for the foreseeable damage typical for the contract if this damage was caused by simple negligence, unless the user's claims for damages are based on injury to life, body or health.
- The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of Chem2Market, if claims are made directly against them.
- The provisions of the Product Liability Act remain unaffected.
13. final clauses
- Amendments and supplements to contracts including the amendment of this clause must be made in writing. Oral subsidiary agreements do not exist.
- The user's general terms of contract are not part of the contract. If the user places an order with reference to his or her respective general contractual terms and conditions, these general contractual terms and conditions shall only become part of the contract if C2M confirms this in writing beforehand.
- Should individual provisions of contracts be or become invalid, the validity of the remaining contract shall not be affected. The parties undertake to fill any resulting loophole by means of an effective provision which, in its regulatory content, comes as close as possible to the economically intended meaning and purpose of the invalid provision and the contract.
- The place of performance is the registered office of C2M. The sole place of jurisdiction for all disputes between the parties arising from the contractual relationship is Hamburg, Germany, insofar as the user is a registered trader, legal entity under public law or special fund under public law. The contractual relationship shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.