TERMS OF USE OF PROMOTIONAL SHIPPING WITH WAREHOUSE PLUS

The following Terms of Use are a legal contract between an individual user and Aktionsversand with LagerPlus that defines the rules and acceptable behavior of your website and services. Please customize these Terms according to your specific policies.

1 SCOPE

1. These logistics terms and conditions apply to all logistic (additional) services,
  which is not covered by a transport contract according to Article 2.1 of the General
  German freight forwarding conditions (A DSp) - if agreed - or from
  be recorded in a freight, forwarding or storage contract, but from
  Contractor in economic connection with such
  contract are provided. The logistical services can be activities for the client or third parties named by him, such as order acceptance (call center), goods handling, goods inspection, goods preparation, country and customer-specific goods adaptation, assembly, repairs, quality control, price labeling, shelf service, Installation or the
  Putting goods and goods into service or activities related to them
  Planning, implementation, management or control of the order, process,
  Sales, returns, disposal, recycling and information management.
2. The client is the contracting party that has its contractual partner with the
  Carrying out logistical services in our own or third-party interests
  instructed.
3. The contractor is the contracting party that is commissioned to carry out logistical services.
4. As far as the A DSp are agreed, the Logistics General Terms and Conditions take precedence
  Individual clauses contradict each other or a fact does not
  can be assigned to a contractual order.
5. The Logistics Terms and Conditions do not apply to contracts with consumers
2 ELECTRONIC DATA EXCHANGE

1. Each party is entitled to make statements and notices
  to create, transmit and exchange electronically
  (electronic data exchange), provided the transmitting party can be identified. The transmitting party bears the risk of loss and damage
  Accuracy of the transmitted data.
2. If the contractor needs to set up a common IT interface to connect both data systems, he will receive this
  Any expenses necessary for this will be reimbursed by the client. Every
  The party is also obliged to carry out the usual security and control measures to ensure the electronic data exchange before
  to protect third-party access and alteration, loss or damage
  To prevent destruction of electronically transmitted data.
3. To receive information, explanations and requests for
  To process the contract, each party appoints one or more contact persons and informs the other party of their names and contact addresses.
4. If a party does not designate a contact person, that person is considered
  Contact person who concluded the contract for the party.
5. Documents created electronically or digitally are the same as written documents.
6. Each party is obliged to provide all non-public data
  and to treat information confidentially and exclusively for
  to be used for its intended purpose. Data and information may only
  be forwarded to third parties (e.g. insurers, subcontractors).
  they need in connection with the fulfillment of the contract. For the
  The same principles apply to the confidentiality of electronic data and information.
7. The obligation of confidentiality does not apply to data and information that must be made known to third parties, in particular authorities, due to legal obligations. The other party must be informed of this immediately.
8. The client, especially if he is the “system leader”.
  Procedure determined in which the contractor is employed is obliged to provide the necessary for the execution of the logistical services
  to provide objects, information and rights and
  to provide any cooperation, in particular (preliminary) products
  and materials, to inform the contractor about specific special features of the goods and processes and the associated legal, official or trade association requirements and - if necessary - to train its employees and to develop specifications, process and material descriptions (manufacturing instructions, designs and plans). , update and check compliance by the contractor. These advance payments and the collaborative work are timely and
  to be fully provided. This also includes all the necessary information that is necessary for optimal capacity planning.
9. The documents handed over in accordance with Section 4.1 remain the intellectual property of the client. A lien and right of retention thereon
  cannot be exercised by the contractor.
3 CONFIDENTIALITY

1. Each party is obliged to keep all non-publicly accessible data
  and to treat information confidentially and exclusively for
  to be used for its intended purpose. Data and information may only
  be forwarded to third parties (e.g. insurers, subcontractors).
  they need in connection with the fulfillment of the contract. For the
  The same principles apply to the confidentiality of electronic data and information.
2. The obligation of confidentiality does not apply to data and information provided to third parties, in particular authorities, due to legal reasons
  Obligations must be made known. This is for the other party to decide
  to be informed immediately.

4 OBLIGATIONS OF THE CLIENT, PROTECTION OF INTELLECTUAL PROPERTY

1. The client, especially if he is the “system leader”.
  Procedure determined in which the contractor is employed is obliged to provide the necessary for the execution of the logistical services
  to provide objects, information and rights and
  to provide any cooperation, in particular (preliminary) products
  and materials, inform the contractor about the specific characteristics of the goods and processes and the associated legal,
  to inform you about official or trade association requirements
  and - if necessary - to train its employees and provide guidelines,
  Develop and update process and material descriptions (manufacturing instructions, designs and plans) and check compliance with them by the contractor.
  These advance payments and the collaborative work are timely and
  to be fully provided. This also includes all the necessary information that is necessary for optimal capacity planning.
2. The documents handed over in accordance with Section 4.1 remain the intellectual property of the client. A lien and right of retention thereon
  cannot be exercised by the contractor.

5 Obligations of the Contractor

- 1. The contractor is obliged to provide his services accordingly
    in accordance with the client's specifications in accordance with Section 4. He is entitled, but not obliged, to check these specifications.
  2. The contractor who provides logistical services within the client's operational organization or on his instructions
    carried out by a third party (e.g. shelf service) provides these services
    according to the instructions and at the risk of the client.
  3. The contractor is obliged to raise objections with the client
    or irregularities that arose during the execution of the contract
    must be reported immediately and documented.
6 Obstacles to performance Force majeure

1. Obstacles to performance that are not attributable to the risk area of a contracting party release the contracting parties for the duration of their risk
  Disruption and the extent of its effect on the performance obligations.
  Impediments to performance include strikes and lockouts, force majeure, unrest, acts of war or terrorism, official measures and other unforeseeable, unavoidable and serious events.
2. In the event of an exemption pursuant to Section 6.1, each contracting party is obliged to:
  - to inform the other party immediately and
  - the effects on the other contracting party within reason
  to keep as low as possible.
7 Contract adjustment

1. Agreements on prices and services always refer only to
  to the services specifically carried out and to an essentially unchanged volume of goods, orders or quantity structure.
  On the one hand, they set unchanged data processing requirements,
  Quality agreements and procedural instructions and on the other hand
  unchanged energy and personnel costs as well as public taxes
  in advance.
2. If the conditions described in Section 7.1 change, both can
  Contracting parties negotiate a contract adjustment with effect from the first of the month following the adjustment request
  demand, unless the changes were made by the contracting party
  the contract adjustment requires, known when the contract is concluded. The contract adjustment must be based on the changes to be demonstrated, including the rationalization effects.
3. If the contracting parties do not reach an agreement within a period of one month after the contract adjustment was requested, the contract can be terminated by both parties, subject to a deadline
  from one month for a contract term of up to one year or
  with a notice period of three months for a longer term. This termination can only be done within one month of failure
  the contract adjustment must be explained.
8 Transfer of operations

1. If there is a transfer of operations with the contract or its execution
  According to § 613a BGB, the parties undertake to take into account the economic consequences taking into account the term of the contract
  to regulate.
9 Offsetting, retention

1. In relation to claims arising from a contract for logistical services
  According to Section 1.1 and related non-contractual claims, offsetting or retention is only possible with amounts due
  Counterclaims are permitted which are not contradicted by a justified objection
10 Lien and right of retention, retention of title

1. The contractor has all due and non-due claims against him arising from the activities mentioned in section 1.1
  the client is entitled to a lien and a right of retention on the goods or other values in his control. The right of lien and retention is not transferred
  the statutory lien and right of retention.
2. The contractor may exercise a lien or right of retention due to claims arising from other agreements concluded with the client
  Contracts for logistical services i. S.v. Only exercise paragraph 1.1 to the extent that
  they are undisputed, or if the client's financial situation
  jeopardizes the contractor's claim.
3. The client is entitled to exercise the lien
  prohibited if he grants the contractor an equivalent means of security (e.g. direct bank guarantee).
4. Section 4.2 remains unaffected.
5. If the contractor also has to transfer ownership to the client when providing logistical services in accordance with Section 1.1, ownership remains with the contractor until full payment has been made.

11 Acceptance, notice of defects and default

1. If acceptance of the logistical service has to be carried out by the client, this can be done due to the cooperative nature
  of logistical services through use and resale
  or further processing of the work, delivery and delivery to the client or to third parties named by him. As far as logistics
  If services cannot be accepted, acceptance takes the place of acceptance
  Completion.
2. The client is obliged to report obvious defects to the contractor upon acceptance. The notification is in writing or
  to be reimbursed electronically (point 2). This is sufficient to meet the deadline
  timely dispatch if the advertisement reaches the contractor
3. If the client fails to notify, the logistical service applies
  as in accordance with the contract, unless the contractor has fraudulently concealed the defect.
4. Claims due to exceeding performance deadlines expire,
  if the client does not notify the contractor of this within twenty-one days after the service has been provided.
12 Customer’s claims for defects

1. The inadequacy of a logistical service is determined by
  the content of the contract and the legal provisions. Quality or durability guarantees are only provided by the contractor
  taken over if this is specifically described as such in the contract
  become.
2. If the logistical service is defective, the client is entitled to subsequent performance. The right to choose between remedying defects
  and new delivery/new service is always the responsibility of the contractor
  to.If the supplementary performance does not lead to the contractually agreed result,
  the client is entitled to a second supplementary performance. More
  There are no claims for subsequent performance.
3. If the subsequent performance fails twice or is a subsequent performance
  If this is not possible due to the nature of the service, the client can provide it to him
  rights to reduction, withdrawal and compensation as well as
  Carry out self-compliance as follows:

1. 1. If the client claims a reduction, this is limited to the loss of the agreed remuneration for the individual, defective logistical service.
  2. If the client asserts the right of withdrawal, this only applies
    with regard to the individual, deficient logistical service. Otherwise, the client is subject to the conditions set out in section 13
    Instead of the right of withdrawal, the special right of termination is granted.
  3. The client can claim compensation instead of performance
    require the requirements of Section 14.
  4. If the work is carried out on their own, the client's claim to reimbursement of expenses is limited to an amount of up to 20,000 euros.

13 Special right of termination

1. 1. If one of the parties breaches essential contractual obligations twice and this leads to a significant operational disruption
    the other party has the right to terminate this contract with reasonable notice
    terminate after giving written notice to the violating party
    has granted a reasonable period of time to remedy the breach of duty
    and this period has expired without the party fulfilling its obligations
    has complied.
  2. The right to extraordinary termination for good cause
    stays untouched.

14 Liability of the contractor

1. 1. The contractor is only liable if he is at fault for the
    damage caused to him. The resulting legal and
    Contractual liability of the contractor is based on the foreseeable,
    Typical damage is limited as well as the amount
    1. to 20,000 euros per case of damage,
    2. in the case of more than four cases of damage that have the same cause (e.g. assembly errors) or relate to the production/delivery of goods with the same defect (serial damage), to 100,000 euros, regardless of the number of cases of damage causing this. This limitation of liability also applies to differences between the target and
      Actual inventory of the goods handed over to the contractor; this difference
      In the event of simultaneous excess and shortage stocks, this must be determined by offsetting the value.
    3. all claims within one year to 500,000 euros.
  2. The above exemptions from liability and limitations of liability also apply to non-contractual claims against the contractor, its employees and other vicarious agents.
  3. The above exemptions from liability and limitations of liability do not apply
    1. for injury to life, body and health,
    2. to the extent that statutory liability provisions, such as the Product Liability Act, are mandatory.
    3. The parties can agree, against payment of a liability surcharge, that the above maximum liability amounts can be met by others
      Amounts will be replaced.

15 Qualified Fault

The foregoing disclaimers and limitations of liability
do not apply

1. 1. in the event of grossly negligent or intentional injury
    - essential contractual obligations by the contractor, its executives or vicarious agents
    - other obligations by the contractor or its executives.
  2. if the contractor fraudulently concealed the damage or
    has assumed a guarantee for the quality of the logistical service.
    16. Contractor's right to indemnification
    The client has the contractor and his vicarious agents
    to be indemnified against all third-party claims under the Product Liability Act and other regulations protecting third parties, unless the contractor or his vicarious agents have acted with gross negligence or
    intentionally brought about the claim of the third party.

17 Statute of Limitations

1. 1. Claims arising from a contract in accordance with Section 1.1 expire after one year.
  2. The limitation period for all claims begins at the end of the day
    of delivery, in the case of contractual services at the end of the day
    acceptance according to section 11.1.
  3. The above limitation periods do not apply
    - in the cases mentioned in paragraph 15,
    - in case of injury to life, body, health or
    - to the extent that statutory statutes of limitations are mandatory.

18 Contractor's liability insurance

1. 1. The contractor is obliged to contact an insurer of his choice
    to take out and maintain liability insurance at standard market conditions, which covers its liability to the extent specified in section 14
    covers the liability sums mentioned.
  2. The agreement on a maximum compensation benefit per claim and year
    is allowed; also the agreement on the contractor's share of the damage.
  3. At the request of the client, the contractor has this
    Liability insurance protection through confirmation from the insurer
    to prove.

19 Place of performance, place of jurisdiction, applicable law

1. 1. For all parties involved, the place of performance is the location of the contractor's branch to which the order is addressed.
  2. The place of jurisdiction for all legal disputes arising from the contractual relationship or in connection with it is, for all parties involved, as long as they are merchants or are equivalent to them, the location of the contractor's branch to which the order is addressed
    is; This place of jurisdiction is the place of jurisdiction for claims against the contractor
    exclusively.
  3. For the legal relationships between the contractor and the client
    or his legal successors, German law applies to the exclusion
    of the UN Convention on Contracts for the International Sale of Goods.

20 final provisions

1. 1. When determining the amount of the compensation claims to be fulfilled by the contractor, the economic circumstances of the
    Contractor, type, scope and duration of the business relationship, any contributions to the cause or fault of the client
    in accordance with Section 254 of the German Civil Code (BGB) and its level of surveillance and
    Rule of the procedures used in favor of the contractor
    to be taken into account.
    In particular, the replacement services, costs and expenses must be
    which the contractor has to bear, in an appropriate proportion
    to the contractor's revenue from the services for the client
    stand.
  2. If one contractual partner stops making payments or if insolvency proceedings are filed against their assets or an out-of-court settlement procedure is applied for, the other party is entitled not to do so
    to withdraw from the fulfilled part of the contract.
  3. Should a provision of the Logistics Terms and Conditions and the other agreements made be or become ineffective, this will result in the
    Otherwise the validity of the contract is not affected. The. Contractual partner
    are obliged to replace the ineffective provision with a provision that is as close as possible in terms of economic success

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