0. Introduction
These General Terms and Conditions (‘GTC’) for customers apply between you (‘customer’) and us (‘bee produced’).
1. Relationship with bee produced
1.1. bee produced provides services (e.g. an online marketplace) that lead to contracts being concluded with the customer and a third party (‘producer’).
1.2. bee produced is only an intermediary and is never a party to a contract between the customer and a producer.
1.3. The customer expressly declares that they have read these terms and conditions in full and accepts them without reservation.
1.4. bee produced can change the terms and conditions at any time at its own discretion. In the event of such a change, bee produced will inform the customer about the changes to the terms and conditions at least two weeks before the changes come into effect.
2. Using the online marketplace
2.1. bee produced offers a connection method between the customer and the online marketplace in the form of software.
2.2. In order for the customer to use the online marketplace, the customer must register and open an account. When the customer opens an account, the customer must provide data about their company or personal data, including a valid email address, and a unique password. The password must not be disclosed to anyone and the customer is obliged to keep it secret at all times. The customer is solely responsible for keeping the password safe, and bee produced is only obliged to check whether the entered password matches the set password.
2.3. By registering on the online marketplace, the customer warrants that they are not insolvent, are not subject to insolvency or reorganisation proceedings, have not been granted a deferment of payments and are not subject to investigation or criminal prosecution by any authority.
2.4. bee produced reserves the right to request further information for registration or continued use of an account if the collection of this information is required by law or is otherwise necessary.
2.5. bee produced may refuse a registration at its sole discretion.
2.6. The account is personal and non-transferable. The customer is not allowed to register or use more than one account at the same time. In case of a violation of the above provisions, bee produced reserves the right to delete, suspend or deactivate all accounts, without prejudice to other legal measures or actions to which bee produced is entitled under applicable law.
2.7. After a registration has been accepted and processed, the customer will receive access to the online marketplace. bee produced publishes important information for the customer in the online marketplace, such as requests to producers.
2.8. The customer accepts that they are solely responsible for all requests and orders placed through their account.
2.9. bee produced will use its best endeavours to enable the customer to use the connection method available. Under normal circumstances, bee produced will maintain these connections. Should bee produced, for whatever reason, terminate or deactivate the connection method used (temporarily or permanently), bee produced will inform the customer as soon as possible.
2.10. The software of the connection method always remains the property of bee produced. bee produced may update or modify the software of the connection method at any time. In addition, bee produced is entitled to access the software of the connection method remotely at any time for any lawful reason, in particular to update the software or to carry out software maintenance. The customer is only entitled to use this software.
2.11. The customer may not reverse engineer, decompile, disassemble or otherwise improperly use the software of the connection method.
3. Competition
3.1. The representation of any competing companies that want to order goods or services as customers via the online marketplace is an inherent feature of bee produced's business model.
3.2. In carrying out its activities, bee produced is completely free from instructions from the customer, in particular, but not exclusively, with regard to the technical and graphical design of the online marketplace, the presentation of the customer and the goods and services of the producers on the online marketplace, the advertising of the online marketplace and competing goods and services, as well as the support, acquisition and advertising of existing and new customers and producers.
4. Missing information
4.1. bee produced is not liable for requests and orders for which delivery problems arise due to incomplete, incorrect or missing information provided by the customer. The customer is obliged to provide complete, accurate and truthful information for the proper processing of the request or order, including the delivery address and contact details.
4.2. The customer is obliged to keep this information up to date at all times.
5. Data protection
5.1. bee produced processes personal data in accordance with the privacy policy of bee produced. If the present terms and conditions are accepted, bee produced is entitled to send e-mails and/or text messages in connection with a request or order.
6. Prohibited activities on the online marketplace
6.1. The following list is a non-exhaustive enumeration of behaviours and/or activities that are prohibited on the online marketplace. bee produced reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of bee produced, is involved in any of the prohibited activities. Prohibited activities include, but are not limited to, the following:
6.1.1. using the online marketplace for a purpose that violates any applicable law or regulation;
6.1.2. posting content that infringes the rights of third parties;
6.1.3. posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or embarrassing to other persons or organisations, as determined by bee produced in its sole discretion;
6.1.4. posting any content that, in the sole discretion of bee produced, may be deemed ‘spam’;
6.1.5. impersonating another person when posting content;
6.1.6. collecting or otherwise obtaining information about others, including email addresses, without their consent;
6.1.7. to enable (including by omission) another person or entity to use the customer's account;
6.1.8. to engage in any other conduct that restricts or inhibits any other person from using or enjoying the online marketplace, or that, in the sole discretion of bee produced, results in a disadvantage of any kind.
7. bee produced's reservations
7.1. bee produced reserves the right, but is not obliged, to take one or all of the following actions:
7.1.1. to investigate an allegation that any content posted on the online marketplace is not in compliance with these terms and conditions, and to decide in its sole discretion to remove or request the removal of the content;
7.1.2. remove any content that is abusive, prohibited, disruptive, or that otherwise fails to conform to these terms;
7.1.3. monitor, edit or disclose any content on the online marketplace;
7.1.4. edit or delete content posted on the online marketplace, regardless of whether that content violates these terms and conditions;
7.1.5. suspend or terminate access to the online marketplace or account for any violation of these Terms or reasonable suspicion of fraudulent conduct or activity.
8. Request and order via the online marketplace
8.1. To start a request, the customer uploads the production data for a good to be produced via the online marketplace and specifies production requirements.
8.2. This uploaded data is compared using an algorithm with the information uploaded by the producers offering goods and/or services on the online marketplace. The customer can select up to three producers to whom this request is sent.
8.3. Subsequently, the customer and the selected producer(s) conduct the necessary contractual negotiations exclusively via the online marketplace and, if applicable, conclude this process by signing a contract (acceptance of a quotation).
8.4. The contract is concluded exclusively between the customer and the producer.
8.5. Producers can reject requests if a certain minimum order value is not reached or the request is deemed unsuitable for the producer.
8.6. The customer must inform the producer of any requests for changes or cancellations of an order via the online marketplace. bee produced has no influence on this.
9. Order restrictions
9.1. bee produced reserves the right to check goods ordered by the customer using the uploaded production data.
9.2. If bee produced is of the opinion that an ordered product to be manufactured could be used for illegal, terrorist, warlike or other dangerous purposes, bee produced may delete the uploaded production data and take any other measures that bee produced deems necessary.
10. Intellectual Property
10.1. All trademarks, logos, images and service marks, including these terms and conditions, displayed on the online marketplace or in bee produced's marketing materials are the intellectual property of bee produced and/or third parties who have granted us the right to use these proprietary rights (‘Intellectual Property’). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these intellectual properties in any way without the prior express written consent of bee produced.
10.2. The use of bee produced's intellectual property rights, including, but not limited to, bee produced's trademarks and the copyright in the bee produced logo, on any other website not authorised by bee produced is strictly prohibited. bee produced is entitled to enforce its intellectual property rights intellectual property rights to the fullest extent of the law, including criminal prosecution. bee produced neither warrants nor represents that your use of materials displayed on the online marketplace will not infringe rights of third parties not owned by or affiliated with bee produced or constitute misappropriation. Your use of any materials on the online marketplace is at your own risk.
11. Representations
11.1. The customer acknowledges and agrees that use of the online marketplace and any content, goods or services that the customer accesses or obtains through it is at the customer's own risk and discretion.
11.2. Although bee produced makes reasonable efforts to ensure that the online marketplace and the services offered are available at all times, bee produced does not guarantee that the online marketplace will be provided in a secure, timely, uninterrupted, error-free and free of technical difficulties, defects or viruses manner. There may be temporary interruptions to the online marketplace due to planned or regular system maintenance, internet or electronic communication downtime, or force majeure events.
11.3. bee produced is not liable for delays, delivery failures or damages, losses or injuries resulting from problems in the use of the online marketplace, the internet and electronic communication.
12. Limitation of liability
12.1. bee produced is liable for intent and gross negligence in accordance with the statutory provisions. bee produced is not liable for simple negligence. In the event of property damage and financial losses that are based on a negligent breach of an essential obligation, bee produced is only liable for the foreseeable damage that typically has to be expected when providing the service in accordance with these conditions.
12.2. bee produced is not liable for the actions or omissions of the producers. bee produced does not accept any liability for the quantity, quality, condition or other representations of the goods and/or services produced by the producers and does not guarantee the accuracy or completeness of the information uploaded by the producer to the online marketplace and displayed for it.
12.3. The producer is responsible for the condition and quality of the goods and for the accuracy and completeness of the information uploaded and displayed by the producer on the online marketplace. bee produced is not liable for any loss or damage arising out of the contractual relationship between the customer and the producer.
13. Indemnity by the customer
13.1. The customer agrees to indemnify, defend and hold bee produced harmless from and against any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from the customer's unlawful use of the online marketplace or any breach of these terms.
14. Links
14.1. The online marketplace may contain links to other websites, applications or advertisements of third parties, and if the customer clicks on these links, the customer agrees that they do so at their own risk. bee produced does not control or endorse these websites, links, applications or third-party advertisements and is not responsible for the content of these linked pages. bee produced assumes no liability or responsibility for any loss or damage that may arise in connection with accessing and using links, websites, applications or third-party advertisements.
15. Termination
15.1. bee produced has the right to terminate, suspend or delete the customer's account and access to or use of the online marketplace for any reason, in particular if bee produced, at its sole discretion, considers the customer's use to be unacceptable, or in the event of a breach of these terms and conditions or in the event of continued inactivity.
15.2. Except in the case of suspensions due to suspected misuse and danger in the event, bee produced may send the customer a notification by email at least 14 days before the planned cancellation.
15.3. The customer's obligation to pay and to execute orders already placed is not affected by the cancellation.
16. Force Majeure
16.1. Provided that a party has complied with the provisions of 16.3, it shall not be in breach of these GTC and shall not be liable for any failure or delay in performing any obligation under these GTC to the extent that this is the result of any act, event, omission or accident beyond its reasonable control or attributable to such circumstances (‘force majeure’), including events such as fire, flood, earthquake, storm or other natural disaster; war, threat of war or hostilities, armed conflict; imposition of sanctions, embargo, breakdown of diplomatic relations or similar actions; terrorist attacks, civil war, civil riots or insurrection; nuclear, chemical or biological contamination or sonic boom; fire, explosion or accidental damage; collapse of structural supports, breakdown of plant machinery, machinery, computers or vehicles; labour disputes including, but not limited to, strikes, employer/employee conflicts or lockouts.
16.2. The corresponding obligations of the other party shall be suspended to the same extent.
16.3. A party suffering from force majeure shall not be in breach of these GTC if it
16.3.1. notifies the other party in writing without delay of the nature and extent of the force majeure that has led to its failure to perform or delay in performance;
16.3.2. could not have avoided the effects of the force majeure by taking precautions that it could reasonably have been expected to take, but failed to take, with knowledge of all the facts known to it prior to the occurrence of the force majeure event;
16.3.3. has done everything within its power to minimise the impact of the force majeure event on the performance of its obligations under this contract in every reasonable way and to resume the performance of its obligations as soon as possible.
17. Choice of law and jurisdiction
17.1. The German version of these GTC is binding; any other language version is for information purposes only.
17.2. The court having jurisdiction over the subject-matter and over the location of the commercial agent shall have exclusive jurisdiction to decide any disputes arising out of or in connection with these GTC, the existence or non-existence and any challenge of these GTC.
17.3. If the customer is not domiciled within the EU, Iceland, Norway or Switzerland, the following shall apply in deviation from 17.2: The Vienna International Arbitral Centre of the Austrian Federal Economic Chamber shall have exclusive jurisdiction to decide on disputes arising out of or in connection with these GTC, the existence or non-existence and any challenge of these GTC, in accordance with its Arbitration and Conciliation Rules (Vienna Rules). The number of arbitrators is: 1. The place of arbitration is Vienna. The language of the proceedings is German.
17.4. Austrian law applies exclusively. The application of the provisions of the Austrian IPRG and other conflict of law rules as well as the United Nations Convention on Contracts for the International Sale of Goods (UN CISG) is excluded.
18. Severability Clause
18.1. The invalidity of individual provisions, for whatever reason, shall not affect the validity of the other provisions. The invalid provision shall be replaced by a provision that best corresponds to the purpose of these GTC and the interests of the parties.
