General Terms and Conditions of Business

General Terms and Conditions of Business

The following General Terms and Conditions of Business apply to the use by all suppliers/sellers and inquirers/customers of the online platform provided on the website www.pabex.de (hereinafter called “PABEX Marketplace”) by PABEX | Die Papierbörse & Consulting, owner Daniel Jelić, Hünerbergstr. 9, 61476 Kronberg, (hereinafter called “PABEX”).

These terms definitively settle the legal relationship between PABEX, the sellers and the buyers who use the PABEX Marketplace and conclude contracts of sale there.

Any terms and conditions diverging from, conflicting with or supplementing these General Terms and Conditions shall not be recognized as part of the contract, even if we are aware of them, unless their validity was expressly agreed to in writing. The performance of services is not to be assessed as such consent.

Art. 1 Subject Matter of the Contract, Parties

1. PABEX Marketplace is an online B2B marketplace operated by PABEX for products offered by companies in the paper and cardboard industry, where exclusively registered commercial companies (hereinafter called "Suppliers/Sellers") may offer the products concerned and sell them exclusively to registered commercial companies (hereinafter called "Inquirers/Buyers"). The Marketplace serves as a platform where contracts can be negotiated and concluded between the Inquirers/Buyers and the Suppliers/Sellers. Where both Suppliers/Sellers and Inquirers/Buyers are meant, they are referred to as "Users" below. Conclusion of contracts with consumers in the sense of Section 13 of the German Civil Code (BGB) is expressly excluded.

The user data and data connected with the business transaction required to conduct the sale are transmitted to the Suppliers/Sellers whose products the Inquirers/Buyers wish to buy. In all other respects the Users conduct the entire sales transaction.

2. PABEX is not the contractual partner for any of the items and services offered on the PABEX Marketplace, but is merely the broker of the contract concluded between the Supplier/Seller and Inquirer/Buyer. Contracts concluded on the PABEX Marketplace contain rights and obligations affecting solely the Suppliers/Sellers and Inquirers/Buyers involved. PABEX acts as a broker for the conclusion of contracts by providing the platform, presenting and advertising the products offered by the Suppliers/Sellers and accepting and sending the declarations required from the Inquirers/Buyers in order to bring about the conclusion of contracts, without making any legally binding declarations in their own name.

3. As a general rule, PABEX does not check whether the products and other content provided by the Suppliers/Sellers on the PABEX Marketplace or the information provided by the Inquirers/Buyers are legal, truthful or complete. The content provided by Suppliers/Sellers and Inquirers/Buyers does not represent the opinion of PABEX.

4. PABEX will make every attempt to ensure that the PABEX Marketplace has an annual average availability of 99 %. This does not include any downtimes connected with improving the security or integrity of the server or in order to perform technical measures and measures to ensure the proper or improved provision of services by PABEX (e.g. maintenance work). Access to the platform will be interrupted for a maximum of 24 hours. The Suppliers/Sellers will inform the customers at least three days in advance of any planned changes.

Art. 2 Registration, Conclusion of Contracts

1. The offer by PABEX on www.pabex.de to register a user account does not constitute a binding offer to conclude a contract with PABEX, but is a request to the User to make such an offer.

2. The User may make a binding offer to conclude a contract (register a user account) with PABEX via the "Register" button. The acceptance of the offer to register will be effected within 2 working days in an e-mail confirmation in which it is confirmed to the User that the registration of the User account has been completed. If the User does not receive a message within this time, he is no longer obliged to register. Any payments made will be refunded immediately in this case. Registration by the User is a prerequisite for participation in the PABEX marketplace. Non-registered users may not conclude any contracts.

3. Registration is free of charge for both Suppliers/Sellers and Inquirers/Buyers. No entitlement to admission to the platform exists. Only entrepreneurs in the sense of Section 14 of the German Civil Code and legal entities under public law are entitled to participate. The data required in order to register must be provided fully and truthfully and updated regularly. When registering, the User will be required to enter a user name and a password. Each User is obliged to keep the password secret and never to disclose it to a third party. The User is obliged to inform PABEX immediately if there is any reason to suspect that there has been any misuse or attempted misuse of the membership account. In this case the User should contact: info@pabex.de

4. The product presentations in PABEX marketplace by the Supplier/Seller are binding purchase offers. In order to accept a purchase offer, the Inquirer/Buyer must confirm the purchase by clicking the "Buy now" button in the order process. By concluding the purchase, the Inquirer/Buyer accepts the purchase offer of the Supplier/Seller with binding effect. PABEX will send a confirmation of the conclusion of a contract of sale between the Supplier/Seller and Inquirer/Buyer to both Users by e-mail.

PABEX does not assume any guarantee for the fulfilment, nor liability for material or legal defects in the goods that are the subject matter of the contracts of sale concluded. Where provided for by the law, the Inquirer/Buyer may have rights of cancellation and guarantee rights vis-à-vis the Supplier/Seller.

The Supplier/Seller is responsible for the texts of the offer, pictures, statutory legal information concerning the order and purchase, their own general terms and conditions of business as well as for the fulfilment of the obligations arising from the contract of sale or from obligations to refund, for example in the event of a cancellation of the order. The Supplier/Seller is more especially liable for ensuring that the content is not illegal and that no third party rights, especially trademark law, competition law, copyright law or personal rights are violated.

5. The distribution of any content that glorifies violence, endangers young persons, or that is of a racist or pornographic nature is forbidden, especially in the User profile.

6. Each User of the platform shall ensure that the content and materials used by him are free of third-party rights.

7. Users may not make any references to external offers in their profiles or messages that compete directly or indirectly with the services offered by PABEX.

8. The Users promise not to use the data on other Users which become known to them as a result of participating in the PABEX marketplace for any other purpose than the processing of a contract of sale that comes into existence. Any other use, especially forwarding data to third parties, is forbidden.

9. When entering their offer, the Suppliers/Sellers promise to comply with the obligations to provide information as laid down in Section 5 of the German Telemedia Act and to create an appropriate masthead.

10. In the event of any violation of these conditions, PABEX reserves the right to delete the content on the profiles at any time and to exclude the respective User from using the platform. PABEX also reserves the right to delete membership accounts originating from incomplete registrations after a reasonable period of time.

11. PABEX will not pass the access data on to any third parties, nor request the User to provide this data in any e-mail or on the telephone.

12. The User is not entitled to register on the PABEX marketplace more than once. A user account is not transferable.

Art. 3 Broker's Commission and Performance of the Contract between the Users

1. The placement of an article on the PABEX Marketplace does not constitute a binding offer on the part of PABEX.

2. The contract of sale between the Supplier/Seller and the Inquirer/Buyer comes into existence outside the PABEX Marketplace. PABEX is not responsible for the performance of the contract and only acts as broker between the Suppliers/Sellers and the Inquirers/Buyers.

3. The Supplier/Seller specifies the conditions of delivery in his offer. If shipments are effected, this is done exclusively on the basis of an agreement between the Users and at their risk.

4. Any offers from cooperation partners of PABEX presented on the PABEX Marketplace are not offers from PABEX. If Users avail themselves of services offered by the cooperation partners, this is done exclusively on the basis of a contractual agreement with this partner. No contract comes into existence with PABEX.

5. If a contract is successfully brokered between the Supplier/Seller and the Inquirer/Buyer, then the Supplier/Seller shall owe a broker's commission to PABEX in accordance with the commission regulation and price list valid on the date the offer was entered by the Supplier/Seller.

No charges arise for the Inquirer/Buyer.

The broker's commission due is a net price plus statutory VAT and will be invoiced by PABEX to the Supplier/Seller. The Supplier/Seller agrees that the invoice may be sent by e-mail. Invoices are due for payment immediately after receipt without deductions.

Due to the exclusive broker capacity of PABEX, a commission is also due if the commercial transaction between the Supplier/Seller and the Inquirer/Buyer does not materialise at a later date.

The commission is also due if the Supplier/Seller and the Inquirer/Buyer conclude a contract of sale for the goods offered on the PABEX Marketplace outside the PABEX Marketplace. The amount of the commission in this case is also based on the price offered by the Supplier/Seller on the PABEX Marketplace.

Offers may be deleted free of charge provided these have not been accepted with binding effect by an Inquirer/Buyer by clicking on the "Buy now" button.

Art. 4 Liability

1. All content provided on the PABEX Marketplace by the User is exclusively content of the respective Supplier/Seller. PABEX will not appropriate this content.

2. PABEX assumes no responsibility for the correctness and completeness of the information of the Users, for the content of the profiles of the Users and for the profiles of the offers or the contents of any other Internet sites to which links have been created on this site. If PABEX learns of any illegal contents on any profile of a User or an Internet site to which a link has been created on the website, PABEX will delete this content or deactivate the link.

3. Suppliers/Sellers and Inquirers/Buyers are personally and directly liable for any infringement of third party rights or violation of statutory provisions or requirements. Suppliers/Sellers and Inquirers/Buyers promise to indemnify PABEX against all claims for compensation from third parties that ensue from non-observance of the obligations arising from these general Terms and Conditions of Business, the infringement of third party rights or violation of statutory provisions or requirements.

4. PABEX's liability, for whatsoever legal reason, be it contractual breach of duty or unlawful action, shall be determined conclusively in accordance with the following regulations:

PABEX shall assume unlimited liability for any damage arising from injury to life, limb or health, for all cases of wilful intent and gross negligence, for minor negligence only in the case of violation of cardinal obligations, and in the case of delay and failure to perform due to the fault of PABEX. Cardinal obligations are obligations which arise out of the nature of the contract and where breach thereof jeopardises the attainment of the purpose of the contract, as well as obligations that the contract imposes on the Suppliers/Sellers based on his content in order to attain the purpose of the contract, and without whose discharge the proper performance of the contract would be impossible and on whose fulfilment the customer normally relies. Liability in the event of violation of such a cardinal contractual obligation is limited to damage that is typical of the contract and that PABEX should normally expect when concluding the contract in view of the circumstances known at this time. If the Supplier's/Seller's liability for damage is excluded or restricted, this shall also apply, where legally permissible, with respect to vicarious agents or aides of the Supplier/Seller.

Art. 5 Term, Blocks and Termination

1. The legal relationship between PABEX and the Users is concluded for an unlimited period. It starts when the User account is activated by PABEX and can be terminated at any time by the User by deleting the account.

2. PABEX can duly terminate the legal relationship with the Users at the end of any month subject to two weeks' notice.

3. The User knows that he must fulfil all obligations entered into up to the date of the termination of the legal relationship, both vis-à-vis PABEX and any other contractual partners.

4. The right to terminate the relationship for an important reason shall remain unaffected. PABEX may in particular terminate the contract without notice if:

a) the User has given false or incomplete information upon registration,

b) the Users conclude a contract of sale for goods offered on the PABEX Marketplace outside the PABEX Marketplace.

c) the Users repeatedly violate other contractual obligations and the violation of the obligation is not ceased even following a demand by PABEX.

5. If PABEX has given notice of termination of the contract, the Suppliers/Sellers and/or the Inquirers/Buyers shall not be entitled to set up a new account, not even in another name or another description.

6. The notice of termination must be given in writing.

Art. 6 Data Protection Regulations

Our Privacy Policy applies.

Art. 7 Final Provisions

1. PABEX reserves the right to change these General Terms and Conditions of Business at any time without stating reasons. The major contractual obligations to be fulfilled by the parties remain unaffected by these changes. The User will be informed of amendments to the General Terms and Conditions of Business at the latest four weeks in advance. If the Users does not object to the validity of the new conditions of use within four weeks from receipt of the afore-mentioned notification, the amended conditions of use shall be considered accepted. PABEX will inform the User of the meaning of this deadline, the rights of cancellation and the legal consequences of remaining silent in a separate letter.

2. The contractual language shall be German. The laws of the Federal Republic of Germany shall apply exclusively excluding all international and supra-national (contractual) legal systems and in particular the United Nations Convention on Contracts for the International Sale of Goods.

3. The exclusive place of jurisdiction for all disputes arising from the legal relationship between PABEX and the Users shall be the head office of PABEX. The same shall apply if the entrepreneur does not have a general place of jurisdiction in Germany or his domicile or habitual residence is not known when the complaint is filed.

Art. 8 Severability clause

If any provision in these conditions of use shall be or become invalid and/or conflicts with the statutory regulations, this shall not affect the validity of the conditions of use in other respects. The parties shall replace the invalid provision by such provision that legally corresponds as closely as possible to the sense and purpose of the invalid provision. The regulation above applies accordingly to gaps in the contract.

Art. 9 Address and Contact

PABEX | Die Papierbörse & Consulting
Owner Daniel Jelić
Hünerbergstrasse 9
D-61476 Kronberg
info@pabex.de

Legal Disclosure

PRIVACY POLICY AND CONSENT TO THE USE OF DATA AT WWW.PABEX.DE

Data protection is a matter of trust and we greatly value your trust. We respect your private and personal sphere. We attach great importance to protecting as well as collecting, processing and using your personal data in compliance with legal regulations. To ensure that you feel safe when you visit our website, we strictly comply with statutory provisions when processing your personal data and would like to inform you here about how we collect and use data.

You may print this document or save it by using the standard functions in your Internet browser (usually "File" -> "Save under").

By accepting the following privacy policy, you give PABEX ǀ Die Papierbörse & Consulting, Owner Daniel Jelić, Hünerbergstr. 9, 61476 Kronberg (below called: PABEX) permission to collect, process and use your personal data in compliance with the data protection laws and the following provisions.

OFFICE RESPONSIBLE

The office responsible for collecting, processing and using your personal data as defined in the Federal Data Protection Act is PABEX ǀ Die Papierbörse & Consulting, Owner Daniel Jelić, Hünerbergstr. 9, 61476 Kronberg.

If you want to object to the collection, processing and use of your data by PABEX in accordance with these data protection regulations, either as a whole or in individual cases, you may send your objection by e-mail or letter to the following address:

PABEX ǀ Die Papierbörse & Consulting
Daniel Jelić
Hünerbergstr. 9
61476 Kronberg/GERMANY

Phone: +49 (0) 6173 - 96 99 08 0
E-Mail: datenschutz[at]pabex.de

PERSONAL DATA - COLLECTION, PROCESSING AND USE

If you merely wish to visit the PABEX site, PABEX does not collect any personal data.

PABEX collects, processes and uses personal data in accordance with the principles set forth below. When you use the services or set up a customer account, you give your express consent as a user to the collection, processing and use of your personal data as described below.

• If you contact PABEX, either using the forms or chat functions provided, PABEX will collect and save your name, address and e-mail address for the purposes of answering your inquiry. PABEX also processes the data which you voluntarily provided when sending your inquiry for the same purposes.
  
  If a customer orders services from PABEX, namely opens a customer account in order to make transactions on the platform, PABEX will collect and save the name, company name, address, telephone number and e-mail address as well as the names of persons with powers of representation, the name of the register, register number and VAT or business identification number of the customer, for the purposes of opening the customer account and enabling the customer to make transactions on the platform.
  
  Furthermore, PABEX will, for the same purpose, process the data which the customer voluntarily provided when opening the customer account and in order to make transactions on the platform.
  
  
• This data will be stored in a central user account for the customer and may be inspected, changed and updated there at any time.
  
  
• If a customer orders further services, for example additional services for which there is a charge or advertising services, the above statements also apply accordingly.
  
  If a customer uses the PABEX platform actively, i.e. makes a transaction, PABEX will save and process data provided in connection with inquiries, purchases and sales as well as all other information which is provided by the customer in connection with the transaction. This data will be stored in a central user account for the customer and may be inspected, changed and updated there at any time.
  
  
• The same applies if a customer uses the watch or notification functions for particular products.
  
  
• PABEX also transmits to the respective contractual partner on the platform all necessary personal customer data required in order to set up and process a contract concluded on the PABEX platform. This data related to inquiries and transactions will also be stored in the customer account. The same applies for messages exchanged between members which are also stored in the customer account.
  
  
• Data concerning shipment or invoices and other data which the customer enters in connection with a transaction, as well as information required for tax or customs purposes (e.g. tax number or other identification numbers) as well as relevant shipment information (such as tracking number or other tracking information) are also stored in the respective customer account and forwarded to the contractual partners involved in the transaction.
  
  PABEX processes data on the use of the platform and goods and services offered as well as transactions concluded in order to prevent, recognise, stop and investigate and illegal activities. This happens for example if PABEX is informed about any cases of fraud or activities which may be forbidden or illegal. This also happens if PABEX is informed about such cases involving members participating in transactions and is requested to assist with investigations into such cases.
  
  If PABEX is requested by the competent authorities, PABEX will provide information to authorised third parties, courts and prosecuting bodies for the purposes of prosecuting crimes and violations of the law, especially intellectual property violations.
  
  

USE OF YOUR DATA FOR ADVERTISING PURPOSES

In addition to processing your data in order to handle your purchase with PABEX, we also use your data in order to communicate with you about your orders or specific products or marketing campaigns and to recommend products and services which may be of interest to you.

You may object to the use of your personal data for advertising purposes in general or for individual measures at any time. Notification in text form (e.g. e-mail, letter) to the contact address provided under "responsible office" is sufficient.


NEWSLETTER

We will also collect your personal data if you register for our e-mail newsletter. This may either be our own PABEX newsletter or a newsletter offered on our platform by a member which we send on behalf of that member.

If you subscribe to a newsletter, you consent to the following:

You consent to us saving and using the e-mail address entered by you as well as any other data (e.g. name) for advertising purposes, namely in order to send our newsletter. In connection with subscriptions, we save your IP address and the date and time in order to record the registration/cancellation.

You also consent to us personalising our newsletter and evaluating your user behaviour. For this purpose we use technology which enables us to see if and when an e-mail was opened, which links in the e-mail were followed by the recipient and whether further inquiries or orders were triggered by the user via PABEX's purchase and inquiry system.
You may revoke your consent at any time with future effect if you unsubscribe to the newsletter by sending us a message via the link provided in the newsletter.


PRODUCT RECOMMENDATIONS BY E-MAIL

As a PABEX customer, you will regularly receive product recommendations from us by e-mail. You will receive these product recommendations regardless of whether you have subscribed to the newsletter. In this way we would like to inform you about products in our merchandise range which may be of interest to you on the basis of your recent purchases. We comply strictly with the statutory provisions.

As a PABEX customer you also have access to our search agents. The information you provide voluntarily in this connection will be used in order to inform you about new products on the PABEX marketplace.

If you do not want to receive any product recommendations from us or do not want any further advertising communication at all or do not want to use the search agent, you may revoke your consent at any time. Notification in text form (e.g. e-mail, letter) to the contact address provided under "responsible office" is sufficient.


CREDIT CHECK

In order to be able to offer you the possibility of paying by invoice, we conduct credit checks. When performing a credit check, we check all the data available to us and then decide whether we can offer you the possibility of paying by invoice. This may mean that we check previous transactions in your customer account.

Alongside the data in our possession, we also require data from external service providers. For this purpose we transmit the company and personal data required for a credit check, depending on the corporate form (name, address etc.), to the following credit bureau:

• Creditreform Fritscher KG, Horexstrasse 3, D-61352 Bad Homburg
  
  
• infoscore Consumer Data GmbH, Rheinstrasse 99, D-76532 Baden-Baden
  
  
• Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstrasse 18, D-22761 Hamburg
  
  

These credit bureaus use the afore-mentioned data provided by us in order to calculate a credit score for the respective order based on mathematical and statistical processes. The credit bureaus also use the afore-mentioned data for other companies (e.g. other online dealers) for the purposes of verifying addresses or checking identity and calculating credit scores on this basis. You address data is also incorporated into the probability value. In some circumstances, it is possible that hard negative factors may be concluded. The credit bureaus we use (names and addresses as above) will provide information about the data stored at any time.

If you do not agree to the method of payment offered to you, you may inform us in writing by letter or e-mail to datenschutz@pabex.de. We will then review the decision taking into account your viewpoint. You may also object to us transmitting your data to a credit bureau at any time (notification in text form, e.g. e-mail to datenschutz@pabex.de).


COOKIES

The acceptance of cookies is not a prerequisite for the use of our website. However, we do point out that you may only use the shopping basket and order products if you allow us to set cookies.


WHAT ARE COOKIES?

Cookies are small files which are filed on your data storage medium and save specific settings and data for exchange purposes with our system via your browser. There are fundamentally two different types of cookie, so-called session cookies which are deleted as soon as you close your browser and temporary/permanent cookies which are stored for a longer period or indefinitely on your data storage medium. Saving cookies help us to design our website and our offerings specifically for you and facilitates your use of the website, for example by saving certain entries so that you do not have to continually repeat them.


WHAT COOKIES DOES PABEX USE?

Most cookies used by us are deleted automatically from your hard disc at the end of the browser session (hence the name session cookies). Session cookies are needed, for example, in order to offer you the shopping basket function across several sites. In addition, we also use cookies that remain on your hard disc. On your next visit, we automatically recognize that you have already visited our site as well as your preferred the entries and settings. These temporary cookies and the permanent ones too (lifetime from 1 month to 10 years) are stored on your hard disc and are deleted automatically after the set time. These cookies serve in particular to make our offering more user-friendly, efficient and secure. These files enable us, for example, to show you information on the website that is specifically tailored to suit your interests. The exclusive purpose of these cookies is to optimise our offering to meet customer needs and to make surfing with us as convenient as possible.


WHAT DATA IS STORED IN THE COOKIES?

No personal data is stored in the cookies used by PABEX. The cookies used by us cannot be attributed to any specific person and consequently not to you either. When the cookie is activated, an identification number is allocated to it. Your personal data cannot be attributed to this identification number at any time and it is not our policy to do so. We never use your name, IP address or similar data that would enable the cookie to be attributed to you. On the basis of cookie technology we merely obtain pseudonymised information, for example on the pages of our shop that were visited, the products that were viewed, etc.


HOW CAN I PREVENT COOKIES BEING STORED?

You may change the settings in your browser so that cookies are only stored if you give your consent. If you only want to accept the PABEX cookies but not those of our service providers and partners, you can select the setting in your browser "Block third party cookies".

Usually, in the help button in the menu of your web browser you can see how to reject cookies and switch off cookies already received.

We recommend that if you use a shared computer that is set to accept cookies and flash cookies, you always log off completely when you have finished your session.


LOG FILES

Whenever PABEX websites are accessed, usage data is transmitted via the Internet browser concerned and stored in protocol files, so-called server log files. The data records saved contain the following data: date and time of access, name of site accessed, IP address, referrer URL (origin URL from which you have accessed the website), the data volume transmitted, and information on the product and version of the browser used.

The IP addresses of the users are deleted or anonymised after the end of the session. When anonymised, the IP addresses are changed to such an extent that individual details concerning personal or material circumstances can no longer or only with a disproportionate amount of time, expense and labour be attributed to an identified or identifiable individual.

These log file data records are evaluated by us in anonymised form to enable us to further improve our offering and the PABEX shop, make them user-friendlier, and to detect and rectify errors faster and control server capacities. This means, for example, that we are able to see the times when the PABEX online shop is particularly popular and provide sufficient data volume so that you can shop as quickly as possible. Furthermore, by analysing the protocol files, we can identify and rectify any errors in the PABEX online shop faster.


SECURE DATA TRANSMISSION

Your personal data is transmitted securely by us via encryption. This applies both to your order and to your customer login. For this purpose we use the coding system SSL (Secure Socket Layer). Admittedly, no-one can guarantee absolute protection. However, we use technical and organisational measures to secure our website and other systems against loss, destruction, access, amendment or distribution of your data by unauthorised persons.


INFORMATION RIGHTS OF THE PERSON CONCERNED

In accordance with the provisions set out under the Federal Data Protection Act, our customers are, among other things, entitled to obtain information on the data stored on them free of charge, as well as the right to have the data corrected, blocked or deleted.

We take the protection of your data very seriously. In order to ensure that personal data is not forwarded to third parties, kindly address your inquiry in this respect by e-mail or post together with your customer number and personal details to:

PABEX ǀ Die Papierbörse
Daniel Jelić
Hünerbergstr. 9
61476 Kronberg
E-Mail: datenschutz@pabex.de

As of: 31.10.2016
(c) 2016 PABEX