General terms and conditions of business

1. General regulations

(1) The company About Weed UG (limited liability), c/o LeanLancer, Obentrautstrasse 53, 10963 Berlin (hereinafter “platform operator”), offers merchants within the meaning of the Commercial Code and legal entities under public law (hereinafter “users”), entrepreneurs in the Within the meaning of § 14 BGB, within the framework of a service contract, the opportunity to permanently use our business-to-business trading system on the online marketplace operated by the platform operator (hereinafter “marketplace”) in accordance with the provisions of these terms of use.

Consumers can search and find our approved users using functionality. It is not necessary for the consumer to register on the platform operator's marketplace. The platform operator never acts as a seller etc. in relation to the consumer, so that no legal transaction is established with the consumer. The platform operator merely acts as an intermediary between the approved user and the consumer as the user's customer.

(2) These terms of use conclusively contain the conditions applicable between the platform operator and the user for the services offered by the platform operator within the framework of this service contract. Regulations that deviate from these terms of use only apply if they are confirmed in writing by the platform operator. With the approval according to § 3, the user accepts these terms of use as authoritative.

(3) Changes to these terms of use will be communicated to the user by the platform operator in writing, by fax or by email. If the user does not object to such changes within six weeks of receipt of the notification, the changes are deemed to have been agreed. The user will be informed separately about the right to object and the legal consequences of remaining silent in the event of changes to the terms of use.

(4) An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

(5) The language available for concluding the contract is exclusively German. Translations of these Terms of Use into other languages ​​are for your information only. In the event of any differences between the language versions, the German text takes precedence.

2. Services of the platform operator

(1) The platform operator's services include:

(a) Provision of the usage options of the marketplace after the user has been approved in accordance with § 3

(b) management of all payments and withdrawals by the service provider Viva Wallet, whereby the user pays the service provider's online payment fees (flat rate 2.5%);

(c) enabling negotiations and contracting on the marketplace;

(d) Creation of information and communication opportunities between users or contracting parties;

(e) Advice and support services for users according to a separate agreement with the platform operator.

(2) The platform operator reserves the right to change, expand or discontinue the marketplace at any time and to exclude certain users from using the marketplace.

3. Admission and access to the marketplace

(1) The prerequisite for using the marketplace is approval by the platform operator. The marketplace is only available to merchants within the meaning of the German Commercial Code (HGB) and legal entities under public law. There is no entitlement to approval or use of the marketplace.

(2) In the application for admission or when registering, the user must name their company details, billing details and a contact person as well as indicate whether they would like to use the marketplace for sales and/or purchases. The application for admission is accepted by confirming admission via email: Admission results in a paid service contract for an indefinite period between the platform operator and the respective user in accordance with these terms of use. The remuneration to be paid by the user depends on the current price conditions, which can be viewed on the marketplace.

(3) The user pays the platform operator a monthly commission of 15% of his monthly gross sales revenue, excluding shipping costs. Unless otherwise agreed, the applicable commission is billed monthly and is due immediately after invoicing without deductions, but plus VAT, at the applicable tax rate by the 3rd working day of each month at the latest. The monthly income is paid to the user minus the brokerage commission.

(4) In addition to the aforementioned commission, the platform operator is entitled to payment of the applicable statutory sales tax.

(5) The user is in default without further reminder if the payments are not credited to the platform operator's account by the agreed date. The statutory consequences of default apply.

(6) With regard to all payment claims, the user's right to retention or offsetting is excluded unless the user's counterclaims are undisputed or legally established.

(7) The platform operator can offset the invoice amounts against the amounts collected from the user's customers.

(8) The user guarantees that the information provided by him to the platform operator and other users, in particular as part of his application for approval in accordance with paragraph 2, is true and complete. He undertakes to immediately inform the platform operator of any future changes to the information provided. The same applies to all information provided by the user when setting up employee logins.

With the validity of these General Terms and Conditions, the user agrees that the details and transaction information provided by him will be transmitted to the payment service provider Viva Wallet for the purpose of processing the payment transactions.

(9) The user is responsible for creating the technical requirements necessary in the user's area of ​​responsibility for the contractual use of the platform operator's services. The platform operator does not owe the user any advice in this regard.

(10) The platform operator is entitled to revoke a user's authorization or to block access to the marketplace if there is reasonable suspicion that he or she has violated these terms of use. The user can avert these measures if he dispels the suspicion by providing suitable evidence at his own expense.

(11) All logins are individualized and may only be used by authorized users. The user is obliged to keep the login and password secret and to protect them from unauthorized access by third parties. The user is also responsible for maintaining the confidentiality of employee logins and will instruct his employees accordingly. If misuse by a third party is suspected, the user will inform the platform operator immediately. As soon as the platform operator becomes aware of the unauthorized use, the platform operator will block the access of the unauthorized user. The platform operator reserves the right to change a user's login and password; in such a case, the platform operator will inform the user immediately.

(12) The dealer agrees to the storage of billing data for evidentiary purposes and/or within the scope of legal retention obligations.

(13) The platform operator points out that the user's usage activities can be monitored to the extent permitted by law. This may also include the logging of IP connection data and their evaluation in the event of a specific suspicion of a violation of these General Terms and Conditions and/or in the event of a specific suspicion of the existence of another illegal act or crime.

4. Conclusion of contracts on the marketplace

(1) The presentation of the users' goods and/or services on our marketplace does not constitute a legally binding offer, but rather an invitation to order (invitatio ad offerendum). The platform operator acts here merely as an intermediary.

(2) The user's respective general terms and conditions apply to the ordering of goods and/or services by the user.

(3) A user is free to choose whether and which of the offers received he would like to accept. Unless the contracting parties agree otherwise, a contract is concluded when a user accepts the offer of another user by sending an individual or framework contract order.

(4) Actions using a user's respective login are generally attributable to the user. Users are responsible for all declarations of intent made on the platform. For statements made by third parties under the user's member account, they are liable to a foreseeable extent in accordance with the principles of a contract with protective effects for third parties.

(5) The platform operator reserves the right to change or expand the content and structure of the platform as well as the associated user interfaces if this does not or does not significantly affect the fulfillment of the purpose of the contract concluded with the user. The platform operator will inform the users of the marketplace accordingly about the changes.

5. Services and obligations of the user

(1) The user undertakes to provide the following services based on the agreements agreed between the user and the platform operator:

(2) The user undertakes to provide the data required to conclude the contract carefully and to the best of his knowledge and not to provide misleading information and not to overload the marketplace through improper use. When listing their goods and/or services on the marketplace, the user undertakes not to use any software or other data that could lead to changes to the physical or logical structure of the network, the software and/or the operating system. The user will refrain from attempting unauthorized access to third-party data. In addition, the user undertakes to keep any passwords and/or registration data provided to him by the platform operator for registration secret and to only make them accessible to those persons who have been effectively authorized by him to do so. The user must immediately notify the platform operator in writing of any changes to his data (in particular, but not limited to: address, name, telephone number, email, registered office, accounts).

(3) The user is obliged to make the offers he posts lawful. In particular, but not exclusively, the user must ensure that the content does not violate the religious and cultural interests of other users and that the offers are not defamatory, injurious, insulting, threatening, obscene, pornographic, harmful to minors or otherwise unlawful or against show content that violates good morals. The user guarantees that the content that may be made accessible via links provided in its own offer also meets these requirements. The user undertakes not to send so-called spam or junk emails. The user undertakes not to distribute any content or technology based on L. Ron Hubbard's technologies. Furthermore, the user undertakes to include the general terms and conditions applicable to his business operations in the offer and in a clearly visible place in accordance with the requirements of the law.

(4) Due to Section 5 TMG, the user is obliged to provide his offer with an imprint. This includes in particular, but not exclusively, name/company, authorized representative and address for summons. The user also undertakes to use general terms and conditions as well as a cancellation policy, a data protection declaration and a shipping cost logic.

(5) The user becomes the exclusive contractual partner of his customers. The platform operator is merely an intermediary. Any rights and obligations arising from the contractual relationship between the user and his customers exist exclusively between these parties. The user must indemnify the platform operator from claims of the user's customer.

(6) Goods or services that may only be offered against proof required by law may only be offered and requested on the marketplace if the proof has been included in the description of the goods or services and the goods or services can only be offered against proof required by law Proof is provided.

(7) The user undertakes to observe the ban on offering and selling tobacco products and other nicotine-containing products and their containers to children and young people on the basis of Section 10 of the Youth Protection Act (JuSchG) and to ensure that age verification measures are in place at the shipping stage to ensure delivery of the goods in accordance with the protection of minors Order is guaranteed in that it cumulatively meets the following requirements and it is ensured that

a) that only the ordered delivery is handed over to the customer,

b) that personal identity exists between the purchaser and the recipient, i.e. the person who receives the ordered delivery and

c) the customer is of the required minimum age.

The user is aware that Section 10 of the Youth Protection Act also applies to the offer and distribution of e-cigarettes.

6. Foreign content

(1) Users are prohibited from posting content (e.g. through links or frames) on the marketplace that violates legal regulations, official orders or common decency. Furthermore, you are prohibited from posting content that violates the rights, particularly copyright or trademark rights, of third parties.

(2) The platform operator does not adopt third-party content under any circumstances. The user guarantees the platform operator and the other users of the platform that the goods and/or services he offers do not violate any copyrights, trademarks, patents, other property rights or trade secrets.

(3) The platform operator reserves the right to block third-party content if it is punishable under applicable laws or is clearly used to prepare criminal acts.

(4) The user will indemnify the platform operator from all claims that third parties assert against the platform operator due to the violation of their rights or due to legal violations due to the offers and/or content posted by the user, provided that the user is responsible for these. In this regard, the user also assumes the costs of the platform operator's legal defense, including all court and legal fees.

7. Other obligations of the user

(1) The user is obliged to

a) set up and maintain the necessary data backup precautions throughout the entire term of the contract. This essentially refers to the careful and conscientious handling of logins and passwords;

b) immediately inform the platform operator of any technical changes that occur in his area if they are likely to affect the provision of services or the security of the platform operator's marketplace;

c) to participate in the investigation of attacks by third parties on the marketplace, to the extent that this cooperation is required by the user;

d) to conduct business on the marketplace exclusively as part of commercial business operations for commercial purposes.

(2) The user undertakes to refrain from any measures that endanger or disrupt the functioning of the marketplace and not to access data that he is not authorized to access. Furthermore, he must ensure that the information and data submitted via the marketplace are not contaminated with viruses, worms or Trojan horses. The user undertakes to compensate the platform operator for all damages that arise from the non-compliance with these obligations for which he is responsible and, in addition, to indemnify the platform operator from claims by third parties, including legal fees and court costs, which they may incur due to the non-compliance with these obligations by the user Users can assert claims against the platform operator.

8. Processing of contracts concluded on the marketplace

(1) The processing of contracts concluded on the marketplace is the sole responsibility of the respective users. The platform operator assumes neither a guarantee for the fulfillment of the contracts concluded between users on the marketplaces nor any liability for material or legal defects in the goods and services traded. The platform operator has no obligation to ensure the fulfillment of the contracts concluded between the users.

(2) The platform operator cannot guarantee the true identity and authority of the users. If there is any doubt, both contractual partners are required to obtain appropriate information about the true identity and authority of the other contractual partner.

9. Rights of use/external representation

(1) The platform operator receives the right to advertise the user's participation in the platform operator's marketplace for the duration of the user's admission to the marketplace. The platform operator is authorized to use the user's product texts and product images for the purpose of advertising on social media, on the platform operator's online presence, in brochures, flyers and company presentations.

(2) The user receives the right to advertise by participating in the platform operator's marketplace for the duration of admission to the marketplace. The user is also authorized to use texts, brands or other identifiers of the platform operator for this purpose.

(3) The parties will coordinate press releases that go beyond usual advertising with each other beforehand. If the parties cannot agree, the platform operator reserves the right to make the final decision via a press release.

10. Confidentiality

(1) The platform operator and the user mutually undertake to maintain absolute secrecy towards third parties about all business transactions that come to their knowledge as part of the collaboration, in particular about business and trade secrets. The obligation to maintain confidentiality continues even after the collaboration on the marketplace has ended.

(2) All mutually exchanged business data must be carefully stored in one's own sphere and protected from access by unauthorized persons.

(3) The platform operator and the user undertake not to poach employees of the other party.

11. Liability of the platform operator

(1) Liability of the platform operator - regardless of the legal basis - only arises if the damage

a) was caused by culpable violation of one of the cardinal obligations or essential secondary obligations in a way that endangers the achievement of the purpose of the contract or

b) is due to gross negligence or intent on the part of the platform operator.

(2) If the platform operator is liable in accordance with Section 11 No. 1 lit circumstances known at that time typically had to be expected. This also applies to damage caused by gross negligence or intent by employees of the platform operator's representatives who are not its managing directors or senior employees. Liability for consequential damages, in particular for lost profits or for compensation for damages caused by third parties, is excluded unless the platform operator is guilty of intent or gross negligence.

(3) Claims for damages under the Product Liability Act and for damages resulting from injury to life, body or health remain unaffected by the above liability limitations.

(4) The platform operator only has an intermediary role in relation to the user and therefore assumes no warranty for the user's goods and/or services.

(5) The platform operator is only liable for the loss of data and programs and their restoration to the extent that this loss could not have been avoided through appropriate precautionary measures, in particular the daily creation of backup copies of all data and programs.

(6) The platform operator assumes no liability for disruptions within the line network that are not the fault of the platform operator.

(7) The above limitations of liability also apply to the benefit of any legal representatives and vicarious agents of the platform operator who may be involved.

(8) Any liability claims lapse if the user voluntarily intervenes in the sphere of the platform operator or modifies it in any way, regardless of the extent to which such modifications are taking place or have taken place.

(9) The platform operator is not liable for the content posted by the user, which must at least meet the requirements in accordance with Section 5 Paragraph 3. The platform operator is not liable for the claims contained in the content about the user's products and/or services. Possible competition law, copyright, trademark, data protection or other legal violations of measures are the responsibility of the user. The platform operator will inform the end customer of this regulation on the marketplace through general terms and conditions and disclaimers.

(10) The user indemnifies the platform operator from any third-party claims. With regard to the costs of defense, the exemption is limited to the statutory attorney's fees and court fees. Any settlement between the platform operator and the claimant is subject to the dealer’s consent. The user will inform the claimant of this.

(11) If the platform operator becomes aware of the user's illegal content, he is entitled to immediately stop the link to the offending pages.

(12) To the extent that the marketplace allows redirection to databases, websites, services, etc. of third parties, for example by setting links or hyperlinks, the platform operator is not liable for the accessibility, existence or security of these databases or services, nor for the The content of the same, in particular the platform operator is not liable for their legality, correctness of content, completeness, timeliness, etc.

12. Data security, data protection

(1) The platform operator's servers are secured according to the state of the art, in particular by firewalls; However, the user is aware that there is a risk for all users that transmitted data can be read during the transmission. This applies not only to the exchange of information via email that leaves the system, but also to the integrated messaging system and all other transfers of data. The confidentiality of the data transmitted when using the marketplace cannot therefore be guaranteed.

(2) During the term of this contract, the platform operator is entitled to process and store the data received from the user in connection with the business relationship in compliance with the requirements of the applicable data protection regulations. Specifically, the user agrees that the platform operator:

(a) stores and processes the information provided by the user as part of the application for authorization regarding company data, billing data and contact persons of the user as well as corresponding updates provided by the user;

(b) independently stores the data entered into the marketplace under administration by the user in connection with the desired company presentation in the trading area and makes it available for retrieval in the public and closed area of ​​the marketplace for other registered and non-registered users;

(c) stores the personal data that may be used in the course of the transactions and forwards them to other users and - if the user concerned requests this by selecting a public transaction - makes them available for retrieval in the public area of ​​the marketplace for other registered and unregistered users;

(d) stores non-personal data about the content of the transactions and forwards it to other users and - if the user concerned requests this by selecting a public transaction - makes it available for retrieval in the public area of ​​the marketplace for other registered and unregistered users.

(3) Any further use of personal data beyond the aforementioned use requires the user’s separate consent. The user is entitled to revoke his consent given in accordance with paragraph 3 at any time, provided that he has hereby consented to the use of personal data.

(4) The platform operator will also treat all data relating to the user that is marked as confidential by the user as confidential and will only use it in accordance with these terms of use. The platform operator reserves the right to deviate from this if the platform operator has to disclose user data due to legal or official orders.

(5) With the approval in accordance with § 3, the user guarantees the platform operator and all other users that the data protection requirements have been complied with by the user with regard to the data transmitted by him and releases the platform operator from any claims, including those of a public law nature , free. In particular, the user must ensure that any necessary consent is obtained from employees before personal data of employees is entered into the platform as part of the setup of employee logins or in any other way.

(6) We also refer to our data protection declaration (https://aboutweed.myshopify.com/pages/datenschutz-erklarung).

13. Assignment and set-off

(1) A partial or complete transfer of the user's rights from the contractual relationship with the platform operator to third parties is excluded.

(2) The user is only entitled to offset against the platform operator with undisputed or legally binding counterclaims.

14. Duration of the contract

(1) The contractual relationship with the user underlying these terms of use is concluded for an indefinite period of time. It begins with approval by the platform operator in accordance with Section 3.

(2) The contractual relationship can be terminated by the platform operator and the user at any time at the end of the month.

(3) Each party has the right to terminate the contractual relationship for good cause without observing a notice period. An important reason for the platform operator is in particular:

(a) a user's violation of the provisions of these Terms of Use, which is not remedied even after a deadline has been set;

(b) a user's tortious act or attempt to commit such, such as fraud;

(c) the user's delay in the payment obligation by more than six weeks.

(d) ongoing operational disruptions as a result of force majeure that are beyond the control of the platform operator, such as natural disasters, fire, collapse of pipe networks through no fault of one's own.

(4) Any termination must be made in writing. Terminations by fax or email must be in writing.

15. Final provisions

(1) The user's general terms and conditions do not apply, even if their inclusion has not been expressly objected to.

(2) Changes, additions and terminations to these General Terms and Conditions must be made in writing. Any cancellation of this contract or a change to this written form clause must also be in writing. No additional agreements were made.

(3) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all legal disputes is Berlin. The platform operator is also entitled to sue at the user's general place of jurisdiction.

(4) We would like to point out to consumers that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the internet address: https://ec.europa.eu/consumers/odr.

Our email address is: contact@aboutweed.com. According to Section 36 VSBG, we would like to point out that we are not obliged to take part in an out-of-court dispute resolution procedure before a consumer arbitration board.

(5) Should individual provisions of these General Terms and Conditions be or become ineffective and/or contradict the legal regulations, this will not affect the validity of the rest of the General Terms and Conditions. The invalid provision will be replaced by the contracting parties by mutual agreement with a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision applies in case of loopholes accordingly. The same applies if any additions to the agreement become necessary. § 139 BGB does not apply.