Terms and Conditions

1. General provisions

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

Consumers can search for and find the users approved by us using a functionality. The consumer does not need to register on the platform operator's marketplace for this. The platform operator never acts as a seller etc. in relation to the consumer, so no legal transaction involving a fee 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 contain the final terms and conditions applicable between the platform operator and the user for the services offered by the platform operator within the framework of this service contract. Provisions deviating from these terms of use only apply if they are confirmed in writing by the platform operator. By authorizing the use in accordance with Section 3, the user acknowledges that these terms of use are 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 receiving the notification, the changes are deemed to have been agreed. In the event of changes to the terms of use, the user will be separately informed of the right to object and the legal consequences of remaining silent.

(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 his or her 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 can predominantly not 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 services of the platform operator include, among others:

(a) Provision of the possibilities for using the marketplace after the user has been admitted in accordance with Section 3

(b) management of all payments and withdrawals through the service provider Paytriot Ltd, whereby the Platform Operator shall bear the service provider’s online payment fees;

(d) creating opportunities for information and communication between users and contracting parties;

(e) Consulting 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) The user must provide his company details, billing details and a contact person in the application for admission or when registering, and must also state whether he would like to use the marketplace for sales and/or purchases. Acceptance of the application for admission is confirmed by email: admission creates a fee-based 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 is based 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. The commission incurred is billed monthly - unless otherwise agreed - and is due immediately after invoicing without deductions, but plus value added tax, at the applicable tax rate by the 3rd working day of each month at the latest. The monthly revenue is paid to the user less the brokerage commission.

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

(5) The user will be in default without further notice 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 of retention or set-off is excluded unless the user's counterclaims are undisputed or legally established.

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

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

By accepting 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 Paytriot Ltd for the purpose of processing payment transactions.

(9) The user is responsible for creating the technical requirements necessary for the contractual use of the platform operator's services within the user's area of responsibility. The platform operator is not obliged to provide the user with any advice in this regard.

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

(11) All logins are individualized and may only be used by the authorized user. 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 keeping employee logins secret and will instruct his employees accordingly. If there is suspicion of misuse by a third party, the user will inform the platform operator immediately. As soon as the platform operator becomes aware of unauthorized use, the platform operator will block the unauthorized user's access. 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 merchant agrees to the storage of billing data for evidential purposes and/or within the scope of statutory retention periods.

(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 criminal offense.

4. Conclusion of contracts on the marketplace

(1) The presentation of the goods and/or services of the users on our marketplace does not constitute a legally binding offer, but 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.

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

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

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

5. Services and obligations of the user

(1) The user undertakes to provide the following services on the basis of 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 any misleading information, and not to overload the marketplace through improper use. When placing his goods and/or services on the marketplace, the user undertakes not to use any software or other data that could lead to changes in the physical or logical structure of the network, the software and/or the operating system. The user will refrain from attempting to gain 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 exclusively: address, name, telephone number, email, registered office, accounts).

(3) The user is obliged to make the offers he makes 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 do not contain any defamatory, offensive, abusive, threatening, obscene, pornographic, harmful to minors or otherwise illegal or morally reprehensible content. The user guarantees that the content that may be made accessible via links in his own offer also meets these requirements. The user undertakes not to send so-called spam or junk mail. The user undertakes not to distribute content or technologies based on L. Ron Hubbard's technologies. The user also 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) The user is obliged under Section 5 of the Telemedia Act to provide his offer with an imprint. This includes in particular, but not exclusively, name/company, authorized representative, address for service. 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 against claims made by the user's customers.

(6) Goods or services which may only be offered against proof required by law may only be offered and demanded on the marketplace if the proof has been included in the description of the goods or services and the goods or services are only provided against the proof required by law.

(7) The user undertakes to observe the prohibition 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 provide mandatory age verification measures at the shipping stage, which guarantees that the order is delivered in accordance with youth protection regulations by cumulatively meeting the following requirements and ensuring that

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

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

c) the purchaser is of the required minimum age.

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

6. Third-party 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. They are also prohibited from posting content that violates the rights of third parties, in particular copyright or trademark rights.

(2) The platform operator does not under any circumstances claim ownership of third-party content. The user guarantees the platform operator and the other users of the platform that the goods and/or services offered by him do not infringe any copyrights, trademarks, patents, other protective rights or trade secrets.

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

(4) The user will indemnify the platform operator against all claims made by third parties against the platform operator due to the violation of their rights or due to legal violations based on 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 legal defense of the platform operator, including all court and attorney fees.

7. Other obligations of the user

(1) The user is obliged

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

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

c) to cooperate in the investigation of attacks by third parties on the marketplace, insofar as such cooperation is required by the user;

d) To conduct transactions on the marketplace exclusively within the scope of commercial business operations for commercial purposes.

(2) The user undertakes to refrain from taking any action that could endanger or disrupt the functioning of the marketplace and not to access data that he is not authorized to access. He must also ensure that the information he transmits and data he posts via the marketplace are not infected with viruses, worms or Trojan horses. The user undertakes to compensate the platform operator for all damages that arise from his failure to comply with these obligations and, in addition, to indemnify the platform operator against claims by third parties, including legal and court costs, that they assert against the platform operator due to the user's failure to comply with these obligations.

8. Processing of contracts concluded on the marketplace

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

(2) The platform operator cannot guarantee the true identity and authority of the users. In case of doubt, both contracting parties are required to inform themselves in an appropriate manner about the true identity and authority of the other contracting party.

9. Rights of use/external representation

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

(2) For the duration of their admission to the marketplace, the user is granted the right to advertise their participation in the platform operator's marketplace. The user is also authorized to use texts, brands or other trademarks of the platform operator for this purpose.

(3) The parties will coordinate press releases that go beyond normal advertising in advance. If the parties cannot agree, the platform operator reserves the right to make the final decision on a press release.

10. Confidentiality

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

(2) All mutually exchanged business data must be carefully stored within the parties’ 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) The platform operator shall only be liable – regardless of the legal basis – if the damage

a) was caused by culpable breach of one of the cardinal obligations or essential secondary obligations in a manner 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. a for the breach of a material contractual obligation without gross negligence or intent, liability is limited to the extent of damage that the platform operator could typically have expected to occur at the time of conclusion of the contract based on the circumstances known to it at that time. This also applies to damage caused by gross negligence or intent by employees of the platform operator's agents who are not its managing directors or senior employees. Liability for consequential damage, in particular for lost profits or compensation for damage to 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 limitations of liability.

(4) In relation to the user, the platform operator only acts as an intermediary to the customer and therefore assumes no liability for the user’s goods and/or services.

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

(6) The platform operator shall not be liable for disruptions within the network for which the platform operator is not responsible.

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

(8) Any liability claims shall be void if the user intervenes in the sphere of the platform operator on his own initiative, modifies it in any way, regardless of the extent to which such modifications take 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 of 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 violations of competition law, copyright law, trademark law, data protection law or other legal violations of measures are the responsibility of the user. The platform operator will draw the end customer's attention to this regulation on the marketplace through general terms and conditions and liability exclusions.

(10) The user shall indemnify the platform operator against any claims by third parties. The indemnification is limited to the legal attorney and court fees with regard to the costs of defense. Any settlement between the platform operator and the claimant is subject to the consent of the merchant. The user will inform the claimant of this.

(11) If the platform operator becomes aware of illegal content posted by the user, he is entitled to immediately remove the link to the offending pages.

(12) To the extent that the marketplace provides the option of redirecting users to databases, websites, services, etc. of third parties, e.g. by setting up links or hyperlinks, the platform operator is not liable for the accessibility, existence or security of these databases or services, nor for their content; in particular, the platform operator is not liable for their legality, correctness, completeness, timeliness, etc.

12. Data security, data protection

(1) The platform operator's servers are secured using state-of-the-art technology, in particular by firewalls; however, the user is aware that there is a risk for all users that transmitted data can be read during 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 data transmissions. The confidentiality of 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. In particular, the user consents to the platform operator:

(a) stores and processes the information provided by the User as part of the application for admission regarding the User's company data, billing data and contact details as well as any corresponding updates communicated by the User;

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

(c) stores any personal data used in the course of transactions and forwards them to other users and – if the user concerned so wishes 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 them to other users and – if the user concerned so wishes by selecting a public transaction – makes them 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 use mentioned above requires the separate consent of the user. 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 concerning 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 must disclose the user's data due to legal or official orders.

(5) By granting authorization in accordance with Section 3, the user guarantees to 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. 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 setting up employee logins or in any other way.

(6) We also refer to our privacy policy (https://aboutweed.myshopify.com/pages/datenschutz-erklarung).

13. Assignment and offsetting

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

(2) The user is only entitled to set off claims against the platform operator if they are undisputed or legally binding.

14. Contract duration

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

(2) The contractual relationship can be terminated by the platform operator or 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 period of notice. Good cause for the platform operator is in particular:

(a) a User's breach of the provisions of these Terms of Use which is not remedied even after setting a deadline;

(b) a user's tortious conduct or attempted to do so, such as fraud;

(d) ongoing operational disruptions due to force majeure beyond the control of the platform operator, such as natural disasters, fire, or the collapse of pipeline networks through no fault of its own.

(4) Any termination must be made in writing. Terminations by fax or email comply with the written form requirement.

15. Final provisions

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

(2) Changes, additions and terminations of these General Terms and Conditions must be made in writing. Cancellation of this contract or changes to this written form clause must also be made in writing. No subsidiary agreements have been 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 settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following 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 participate 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 invalid and/or contradict statutory provisions, this shall not affect the validity of the General Terms and Conditions in the rest. The invalid provision shall be replaced by mutual agreement between the contracting parties with a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply accordingly in the event of regulatory gaps. The same shall apply in the event that any amendments to the agreement become necessary. Section 139 of the German Civil Code shall not apply.