Terms of Use

§1 Scope of Application

  1. The following Terms of Use shall apply to all those using this website and regulates the relationship between the user and the operator of this site (hereinafter: provider). Users may only use this website if they agree with these Terms of Use. Any contradictory terms that may be found in the user’s own Terms & Conditions shall not apply under any circumstances unless the provider expressly recognises their validity in writing.
  2. The provider reserves the right to change these Terms of Use with future effect whenever it chooses as well as to make changes to its content, services etc.
  3. This website is targeted solely at users aged 18 or older and who are considered to be a company as per Section 14 Paragraph 1 ‘BGB’ (German Civil Code).

§2 Registration

  1. Users, who are interested in the services and the range of information offered by the provider, can register on the website to receive further information. The data requested during the registration process must be complete and correct. In particular, all information marked as obligatory must be provided. Those registering are not permitted to use pseudonyms or similar such names nor may they enter email addresses which do not exist or which belong to another person.
  2. Users shall be sent an email informing them that their registration was successful. Users do not have a legal right to register. The provider has the right to refuse to accept a user’s registration request whenever it wishes, without having to give a reason for its decision.
  3. The provider reserves the right to delete user accounts within an appropriate period of time, if the registration information is incomplete.
  4. The user may not allow third parties to access their account. The user agrees and acknowledges to keep their personal login information confidential and to protect it from third parties.
  5. The provider hereby expressly declares that registering on this website shall not constitute the creation of a business relationship to deliver services or products. Such a business relationship must be concluded between the parties in writing in a separate contract. Registration is merely a first step and is solely to enable information to be exchanged so that an offer can be drawn up and to initiate a possible business relationship between the parties in the future. The provider shall not deliver any services to the user – in particular regarding the take back of waste electrical and electronic equipment and submitting reports to authorities and registers – before a separate contract has been concluded.

§3 Services delivered by the provider

  1. Within the scope of these Terms of Use, the provider shall first enable the user to access a system in which the user can enter their data relating to the legal obligation of retailers to take back old electrical appliances in acc. with Section 17 of the ElektroG law. The provider needs this information so it can compile a bespoke offer for the user that meets their particular needs as well as to draw up a draft contract. If a future cooperation agreement is concluded between the parties, then the user’s data – and in particular their user account – may be used for further services and for other system areas. In such cases, all terms of use regarding these shall be regulated separately by the parties within the scope of their contractual relationship.
  2. The provider assumes no liability for the accuracy, completeness, reliability, topicality or usefulness of the contents provided.

§4 Disclaimer

  1. Users have no right to claim for damages except as stipulated below. This disclaimer shall also apply to the legal representatives and agents of the provider should the user assert such a claim against them.
  2. The disclaimer in Paragraph 1 shall not apply to claims for damages relating to loss in life, physical injury and damage to health or to claims for damages relating to a breach of fundamental contractual obligations. Fundamental contractual obligations are obligations that must be provided in order to fulfil the contract. Moreover, the above disclaimer does not cover liability for damage resulting from a breach of duty on the part of the provider or its legal representatives or its agents caused by wilful intent or gross negligence.

§5 Privacy Policy

  1. The user has been informed about the type, scope, place and purpose of collecting, processing and using their personal information for registering and conducting business.
  2. The provider takes the protection of your personal data very seriously. For this reason, all personal data is treated as confidential at all times and in accordance with all legal data protection regulations. If personal information is collected on our sites (e.g. your name, address or email address), then this is done on a voluntary basis wherever possible. This data will not be passed on to a third party without the express permission of the user.
  3. Cookies: the websites sometimes use so-called cookies. Cookies do not damage your hard drive nor do they contain viruses. Cookies are used to make our website more user friendly, more effective and safer. Cookies are small amounts of data that are stored on your computer and saved by your browser. The majority of the cookies used by us are so-called “session cookies”. They are automatically deleted once you leave our website. Other cookies remain on your hard drive until you delete them. These cookies make it possible for us to recognise you when you return to our website. You can modify your browser so that it notifies you when cookies are sent so that you can allow cookies on a case-by-case basis and refuse cookies for certain cases or altogether and so that your browser automatically deletes the cookies when it is shut down. The functions of this website may be restricted if you deactivate the cookies.
  4. Server-Log-Files: the provider of the webpages automatically collects and stores information in so-called server log files, which your browser automatically sends to us. This includes the following information:

    browser type / browser version
    the operating system being used
    the referrer’s URL
    the host name of the computer used to access the website.

    This data cannot be ascribed to any one person. This information is not added to other sources of data. We reserve the right to check this information at a later date should we have concrete evidence that our website has been used unlawfully.
  5. Contact form / registration: if the user sends an enquiry to the provider during the registration process or via the contact form, then the information in the enquiry form (including the contact details given by the user) is stored by the provider in order to be able to process the enquiry and answer any follow-up questions. The provider shall not pass on this information without the permission of the user.
  6. Newsletter information: if you wish to receive the newsletter offered by this website, then we need you to provide us with an email address and with information that allows us to check that you are the owner of the email address given and that you are happy to receive the newsletter. Other data is not collected. We only use this data to send you the information requested. We do not pass it on to third parties. You can withdraw your permission for us to store your data and your email address and for us to use it to send you the newsletter whenever you wish.
  7. Requesting information; deleting & blocking personal data: the user has the right to find out – free of charge – what personal data has been collected about them, where it was collected from, who has received it and what it was used for. Moreover the user also has the right to have this data corrected, blocked or deleted. You can contact the provider via the contact details given in the ‘Imprint & Disclaimer’ section at any time should you have a question about this or other matters regarding your personal information.

§6 Final Provisions

  1. Should one or several provisions of these Terms of Use be or become null and void, then the remaining provisions shall continue in full force and effect.
  2. Contracts concluded between the provider and the user shall be governed exclusively by the laws of the Federal Republic of Germany and under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  3. The place of jurisdiction for all disputes arising from the contractual relationship between the provider and the user shall always be the place in which the provider is based. This shall also apply if the user has no general place of jurisdiction in Germany.
  4. The language of all contracts is German without exception.

As of: April 2016