GTC
marken mehrwert - brand added value AG (hereinafter referred to as MMW) Terms and conditions for the use of MMW services
1 General, scope of application, definition of terms
1.1 TERMS OF USE
The contractual partner within the scope of these Terms of Use and website operator is marken mehrwert - brand added value AG, Schildkrötstraße 15, 68199 Mannheim, ) registered in the Commercial Register of the Local Court of Mannheim HRB 704123, represented by the Executive Board Frank Schwarz, VAT identification no.: DE258032509, phone +49 (0) 621 -37701-0, e-mail: info@mmw.ag (hereinafter ‘we’ or ‘us’).
Please read these terms and conditions carefully before using MMW Services. By creating a user account (see section 4), logging in and using the MMW Services, you declare your agreement with these terms and conditions. When you register, you will be asked to agree to the Terms of Use. The Terms of Use apply to any use of MMW Services, including future contracts, offers, services and deliveries from us.
We offer you a wide range of MMW Services. These Terms of Use may be supplemented, modified or replaced in individual cases by other terms and conditions that apply specifically to the respective MMW Services. When you use an MMW Service, you are subject to the terms and conditions applicable to that MMW Service (‘Terms of Service’). If these Terms of Use conflict with the relevant Terms of Service, those Terms of Service shall prevail.
1.2 The General Terms and Conditions apply to all contracts for the provision of services that MMW concludes with companies, entrepreneurs, legal entities or natural persons in connection with the Internet services. In particular, they also apply to all users of the Internet platform, starting with the first access and registration on the platform.
1.3 These terms and conditions apply exclusively. The validity of any terms and conditions of the user is hereby rejected. Any terms and conditions of users or contractual partners shall not become part of the contract even if MMW does not object to them separately or if MMW carries out deliveries or services without reservation or accepts payments without reservation.
1.4 We reserve the right to amend or supplement these terms and conditions at any time at our reasonable discretion and taking into account the interests of the user, e.g. to take account of a changed or new legal situation, newly offered MMW services or any loopholes. Amendments to the terms and conditions shall be communicated to contractual partners in text form in each case, identifying the amended provisions, and shall be deemed to have been agreed if the contractual partner continues the contractual relationship without objecting in text form within a period of 4 weeks. The amendments shall only become effective for you after this period has expired without objection. In the notification of the changes, we will point out the deadline and the consequences in the event of your silence or non-compliance with the deadline. The timely dispatch of the objection shall be decisive for compliance with the deadline.
In the event of an objection by the contractual partner, the terms and conditions applicable up to that point shall remain valid for the contractual relationship concerned. Your contractual cancellation rights remain unaffected.
1.5 These terms and conditions are supplemented by the data protection guidelines and the price list in their current versions, as well as any service conditions applicable to MMW services.
1.6 These Terms and Conditions may be printed by the user and stored on a permanent data carrier.
2 DATA PROTECTION
Please also read our data protection declaration and our declaration on cookies (link to data protection and declaration on cookies), which also apply to your use of all MMW services.
3 ELECTRONIC COMMUNICATION
When you use an MMW Service or send emails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically or in text form. We will communicate with you electronically in various ways, e.g. via email, text messages, in-app push messages or by publishing electronic messages or other communications on our website or as part of other MMW Services, such as MMW Chat. For contractual purposes, you agree to receive communications from us in text form and you agree that all consents, notifications, publications and other communications that we communicate to you electronically do not require written form, unless mandatory legal provisions require a different form of communication.
4 Your user account, conclusion of contract
4.1 If you use an MMW Service, you are responsible for ensuring the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you are required to take all necessary and reasonable steps to ensure that your password is kept confidential and secure. You are obliged to inform us immediately if you have reason to be concerned that a third party has gained knowledge of your password or that the password is being used in an unauthorised manner or that this is likely or you suspect this. If you culpably breach the above obligations, you shall be liable for all activities that are carried out using your account or password, but at the latest until you notify us of the possible misuse of your user account or password.
4.2 You are responsible for ensuring that the information you provide to us is accurate and complete and for notifying us of any changes to the information you provide. You can view and update the information you have provided to us, as well as personal data, your account settings in the My User Account section of the Website.
4.3 The user relationship (conclusion of contract) begins with the successful registration of the user and the acceptance of the registration by us through the granting of access authorisation and the activation of the personal profile (user account).
4.4 By completing the registration form, you submit a binding offer to conclude a service usage contract. All data fields of the registration form must be filled in completely and correctly. Before sending the registration form, you have the opportunity to correct any input errors by clicking on the relevant fields.
4.5 The contract between the user and us is concluded when the application to open an account is accepted. We will immediately confirm receipt of the application to open a user account electronically to the e-mail address provided by the user. The confirmation of receipt does not constitute a binding acceptance of the application. However, the confirmation of receipt can be combined with the declaration of acceptance. The declaration of acceptance can be made expressly or by activating the user account.
4.6 We do not save the text of the contract. We therefore recommend that you keep the declaration of acceptance in a safe place.
4.7 Contracts are concluded with you exclusively in German.
5 Operating hours and availability of the Internet platform, system failures
5.1 In principle, the Internet platform is available to users from Monday to Sunday from 6.00 a.m. to 10.00 p.m. without interruption.
5.2 MMW goes to great lengths to ensure maximum availability of its Internet platform:
The Internet servers are operated in a dedicated data centre, which is responsible for monitoring and maintaining the servers.
All critical components in the server hardware are designed redundantly.
The software implements maximum independence of individual components and functions of the online services.
Despite these measures, system failures cannot be completely ruled out. We are not responsible for disruptions to the Internet and the user's local access technology.
5.3 Classification of system failures
From the perspective of the business processes supported by the online platform, those functions that are used at the point of sale are particularly important. A distinction is therefore made between the following classes of system failures:
Reduced system availability: failure of non-POS functions Reduced system availability occurs when functions that are not used at the point of sale are no longer available; these include functions for maintaining master data, managing users and installing interfaces. With reduced system availability, the POS functions - in particular the registration of goods and the reporting of sales services - are still available. Unavailability of the system: Failure of all system functions. The system is unavailable if all system functions have failed or the Internet address www.markenmehrwert.com is not accessible. MMW ensures the following system availabilities or maximum downtimes through all state-of-the-art measures and by agreeing service agreements with its suppliers:
Reduced system availability: Maximum 3{cfff72d6d95042e6f753682ec02e29a34dcfaebe1d434aa94bfa4b784e006474} of the planned operating time, maximum downtime 18 hours
Unavailability of the system: Maximum 1{cfff72d6d95042e6f753682ec02e29a34dcfaebe1d434aa94bfa4b784e006474} of the scheduled operating hours, maximum downtime 6 hours
In the event of the system being unavailable, an offline process is provided for registering goods and reporting sales services. MMW will provide any associated back office work without users incurring additional costs.
5.4 Announced maintenance work
The MMW services and our website have scheduled and announced maintenance periods during which certain functions or the online system as a whole are not available. This maintenance work will be announced at least three days in advance if it overlaps with the scheduled operating times of the online services. Maintenance work outside of operating hours does not require prior notice.
6 Obligations of the user
6.1 The user is obliged to use the services of MMW AG appropriately. In particular, he is obliged to
ensure that the network infrastructure or parts thereof are not overloaded by excessive, culpable use, i.e. by use that does not comply with the contract;
not to misuse the access to MMW services and to refrain from illegal actions;
to ensure compliance with statutory provisions incumbent upon him and official requirements communicated to him;
to ensure that official permits are issued in his area of responsibility, insofar as these are currently or in the future required for participation in MMW AG's MMW services;
to take into account the recognized principles of data security, in particular
to keep passwords secret or to change them immediately or to arrange for changes if there is a suspicion that unauthorized third parties have become aware of them;
to immediately report any defects or damage identified to MMW (fault report);
to take all reasonable measures to enable the defects or damage and their causes to be identified or to facilitate and accelerate the elimination of the fault;
to reimburse MMW for the costs incurred in checking its facility after submitting a fault report if and to the extent that the inspection reveals that a fault was within the user's area of responsibility.
6.3 If the user culpably violates the above-mentioned obligations and does not remedy the breach of duty despite prior warning, MMW is entitled to terminate the contractual relationship without notice.
6.4 The user is responsible for all approvals and permissions that are necessary to receive the online service.
6.5 The user will only access and receive data and information that he is authorized to receive according to the agreements made. The user acknowledges that he will compensate MMW for any damage that MMW suffers as a result of the user negligently receiving, processing or passing on data other than that intended for him.
6.6 The user is also obliged to use the online service and the information contained therein only within the scope of his contract and for his own purposes. The user undertakes not to use the online service for illegal purposes or to permit its use for such purposes.
7 Warranty
7.1 MMW will do everything to ensure the accuracy and reliability of the online service.
7.2 In particular, MMW will do everything to ensure that the commissioned employees and other vicarious agents respect the anonymity of the user towards third parties. The bodies from which the user obtains information or to whom he forwards information are not considered third parties in this sense. MMW will forward any information to be transmitted in accordance with the MMW service in accordance with the contract. The user will ensure that any consent required under data protection law is obtained from his contractual partners, vicarious agents or buyers/end users.
7.3 MMW's services serve the exchange of information between manufacturers and their trading partners and end users. The information exchanged via MMW's services is subjected to extensive and careful checks. Any problems in the area of data quality are communicated promptly and comprehensively to the participants of the online service. Beyond these measures, MMW does not guarantee that the information contained in the online service is correct, complete and comprehensive.
8. Amendments to Offered Services
MMW reserves the right to extend, alter, and improve services at its reasonable discretion, taking into account the interests of the user. MMW is also entitled to reduce the services to a reasonable extent.
9. Liability
9.1 MMW is not liable for the completeness, accuracy, currency, and freedom from third-party rights of information provided by users of the portal.
9.2 MMW is not liable for any damage resulting from the information of the user being accessible through the technical transmission routes generally provided by Internet service providers and Deutsche Telekom AG.
9.3 Unless otherwise agreed below, MMW is not liable for damages other than those caused by gross negligence or intent. In particular, MMW is liable for damages resulting from system failures of the Internet platform only in cases of intent or gross negligence.
9.4 The above exclusions of liability do not apply to liability for injury to life, body, and health. They also do not apply where the damage is based on the violation of a cardinal or essential contractual obligation or a guarantee. The liability of MMW under the Product Liability Act or other mandatory statutory provisions remains unaffected.
9.5 MMW's liability for violations of cardinal or essential contractual obligations is limited to foreseeable damage.
9.6 The above exclusions or limitations of liability also apply to the liability of the operator’s employees, workers, staff, representatives, and agents, particularly in favour of the shareholders, employees, representatives, and their members concerning their personal liability.
9.7 In cases of force majeure and unforeseen events such as fire, strike, lockouts, and other unforeseeable circumstances not attributable to MMW, which necessitate a restriction or suspension of MMW AG’s service, MMW is exempt from the obligation to perform for the duration of the restriction or suspension. Force majeure also applies if MMW AG has to restrict or completely suspend its services due to a computer virus in the system, (i) although we have adequately protected against the intrusion of the computer virus or (ii) protection against the specific virus was not possible under reasonable conditions.
9.8 MMW is in no case liable for losses incurred by the user due to incomplete or incorrect information provided by MMW AG’s services.
Exceptions to this exclusion of liability are cases where missing or incorrect information should have been provided by MMW itself or has been provided, as well as cases of intent or gross negligence.
9.9 The user is liable for all consequences and disadvantages caused by the user’s grossly negligent or intentional misuse or unlawful use of MMW services or for failure to fulfil other obligations grossly negligently or intentionally, which affect MMW and third parties.
10. Duration and Termination
10.1 The user agreement is concluded for an indefinite period. For individual MMM services, a different duration may apply, as specified in the respective service conditions.
10.2 The right of both parties to terminate the contract at any time for a significant reason remains unaffected. A significant reason on the part of MMW, in particular but not exclusively, is in the event of a culpable breach of the obligations under section 6, which the user fails to rectify despite prior warning.
11. Jurisdiction
The jurisdiction for all contracts concluded with MMW is Mannheim, provided the user is a merchant, a legal entity under public law, or a special fund under public law.
12. Final Provisions
12.1 Amendments and additions to the regulations set out in our terms and conditions must be in text form. This also applies to the waiver of the requirement for text form.
12.2 No party may transfer its rights under this contract to third parties without the prior consent of the other party.
12.3 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
12.4 Should individual provisions of the contract be ineffective or unenforceable, this does not affect the effectiveness of the remaining contract. If the user is a merchant, a legal entity under public law, or a special fund under public law, the parties shall replace the ineffective or unenforceable provision with a regulation that comes as close as possible to the economic content of the ineffective or unenforceable provision.
Prepared by Marken Mehrwert – Brand Added Value AG
Status: 2020