These Terms and Conditions apply to the use of the remetra online portal (hereinafter: “remetra portal”) of remetra app GmbH, Hermann-Löns-Weg 52/1, 69118, Heidelberg, (hereinafter: “remetra”).
(2) Our Terms and Conditions apply only to entrepreneurs, legal persons of public law or special public funds within the meaning of § 310 para. 1 BGB.
(1) remetra provides an online service on the remetra portal, through which users can create and publish comprehensive presentations of products (‘advertise’) that they offer or apply for sale (‘suppliers’). Unless expressly stated otherwise, such an ad of a supplier does not constitute a binding offer for the conclusion of a purchase contract between the supplier as a seller and another user as a buyer (hereinafter referred to as the ‘trader’), but merely the invitation to submit an offer. Users can view advertisements published on the remetra portal of suppliers, suppliers and traders can share messages with each other.
(2) The remetra portal publishes ads to bring together suppliers and traders. Remetra only provides the remetra portal, but is not a provider of the goods advertised in the advertisements.
(3) On the remetra portal, suppliers and traders can evaluate each other based on a concrete direct contact on the Remetra portal. Such reviews are published on the remetra portal for users. For use of the evaluation system, the rules for evaluations are applicable for remetra according to § 5 para. Five.
(4) As part of the display and the overview page of a user, remetra displays additional information about the user and his activities on the remetra portal.
(5) On the remetra portal, users, individual ads can store other users and news in a favorite list.
(6) remetra reserves the right to apply the remetra portal as well as user-set advertisements themselves and by third parties, for example by – if applicable – inclusion of advertisements on websites, within software applications (apps), in e-mails and other media – also outside the remetra portal.
(7) remetra also reserves the right to publish third party advertisements on the remetra portal. For this purpose, remetra may also provide third parties with such data that have been published via the remetra portal.
(8) The search function on the remetra portal allows users to search and view the results. remetra is entitled to include advertisements of third parties in addition to the search results, for whose highlighted publication remetra charges a fee.
(1) The use of the remetra portal, in particular the view in advertisements, requires the conclusion of a contract concerning the use of the remetra portal (hereinafter: “Use Contract”) and the registration of the user.
(2) In order to conclude a contract of use and to register, only fully businessable natural persons, legal persons or private companies that are entrepreneurs in accordance with § 14 BGB, i.e. when using the remetra portal, are acting in the performance of their commercial or independent professional activities. Entrepreneurship shall be demonstrated to which documents (e.g. commercial register extracts) can be submitted in German or English. Consumers of Section 13 of the German Civil Code, i.e. natural persons who conclude a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity, are not permitted to use the remetra portal.
(3) There is no entitlement to a contract of use.
(4) In the context of the registration for the remetra portal, the user has to indicate completely and truthfully and to update immediately in case of changes.
(5) The sending of the registration form available on the remetra portal constitutes an offer by the potential user to conclude a usage agreement with remetra, with which he agrees to the validity of these Terms and Conditions. After confirming its email address by actuating a link sent to it, remetra sends an email to the user via the activation of the user for the remetra portal. By accessing this e-mail, a contract is concluded between the user and remetra for the use of the remetra portal.
(6) With successful registration, a user account is created for the user, which can access by specifying his email address and the password that he has given registration. The user account may be used exclusively for the user, but the user may allow employees of his company to access it by placing employee accounts for employees to be named in his user account. In addition, the use of the user account by third parties is prohibited. The user has to keep his password that he can change on the remetra portal secret; Should the user fear unauthorized use by third parties, he must immediately change his password and remetra inform. This also applies to employees and employee accounts.
(7) On the remetra portal, each user can only register once. User accounts are not transferable.
(8) On the remetra portal, the user can view a list of ads and other activities published by him in his user profile and change data and settings.
(9) remetra reserves the right to make the use of functions of the remetra portal dependent on the fulfilment of certain conditions, e.g. the indication of additional data, their verification and verification, the duration and type of use (e.g. as a supplier (seller), trader (buyer) or broker (buyer)) or payment of fees.
(10) Furthermore, remetra will perform categorisation of users (bronze/silver/gold/platinum) based on annual turnovers of the respective company and reviews of other users. In the publication of advertisements, suppliers may specify to which categories of members are addressed and thus determine which categories of members are entitled to view the advertisement completely and to send inquiries.
(1) If the user has successfully registered on the remetra portal, he has the free option to view ads (possibly restricted).
(2) For further functions, e.g. for the publication of own advertisements, a remetra payment must be paid, which is determined by the price list available at https://www.remetra.com/pricing, which also includes the details and conditions of performance and payment.
(3) remetra sends invoices by e-mail. At the request of the user, the mail is sent on the postal route, for which remetra can charge a separate remuneration, which is shown in the price list (see above).
(4) It is not permitted for the user to leave rights and services acquired by remetra without remetras consent to third parties.
(1) Ads, texts, images or other contents (including reviews) that violate legal provisions, third parties' rights, good practices or these terms of use are prohibited. This includes, inter alia, violations of copyright, trademark and competition rules, provisions on youth protection and untrue or misleading information.
(2) The user is obliged to describe the goods offered by him correctly and true in each ad, specifying the essential characteristics and to set the ad in the appropriate category. Only images that cannot cause deception or misleading may be used. Insofar as the user uses suggestions from Remetra for describing or categorizing an article, he is obliged to examine them carefully and to accept only relevant suggestions in his ad.
(3) Descriptions of articles in advertisements may not contain links to the websites of the supplier or dealer or advertising for third parties.
(4) The user is responsible for compliance with statutory obligations (e.g. for the vendor identification according to § 5 TMG, in electronic business transactions according to § 312 i BGB etc., as well as product-related obligations, including labelling and notice obligations, etc.) To be concerned.
(5) The following principles shall apply to assessments: 1. Evaluations shall be admissible only to the extent that they relate to a purchase of products carried out between the reviewer and the reviewer on the Remetra portal, which has been completed (finished) within one month before the assessment is submitted. 2. Evaluations must correspond to the facts, i.e. be objectively true.
(6) The following principles should also be taken into account for ads, reviews, communication and other content:
1. The commandment of materiality, shame criticism, insults and untrue evidence of facts is inadmissible.
Two. The dissemination of contents that are immortal, threatening to juvenile, glorifying, discriminatory or otherwise offensive is prohibited.
3. Content that violates or imposes laws is prohibited.
4. Contents that violate immaterial or other rights of third parties and unfair content are also not permitted.
(1) The user is prohibited from any actions that are capable of disrupting the operation of the remetra platform, harassing other users or going beyond the intended use of the remetra portal. In particular, prohibited
- the sending of advertising, SMS advertising, chain letters or other harassing content;
- the dissemination of viruses, malware or other technologies that may damage the remetra portal, interests or property of other users, remetra or third parties;
- to suspend the infrastructure of the remetra portal of excessive loading or otherwise disrupt or threaten the functioning of the remetra portal;
- to reproduce, make publicly available, disseminate, process, or otherwise use content of the remetra portal without the prior consent of remetra;
- to reproduce advertisements or other third-party content without their prior consent, to make publicly available, to disseminate, edit or otherwise use it in a way that goes beyond the intended use of the remetra portal;
- access to the remetra portal using computer programs to search and analyze websites (e.g. crawlers, spiders, scrapers) or other automated mechanisms to collect content, information, in particular data from other users;
- to circumvent measures to restrict or prevent access to the remetra portal.
(2) The following goods or services may not be the subject of advertisements on the remetra platform or transactions offered or processed through this platform:
- weapons and ammunition;
- explosives;
- drug-prone media;
- hazardous substances (e.g. toxins, explosives and harmful chemicals), radioactive substances, and articles which contain or may release dangerous substances;
- products that infringe intellectual property rights or other rights of third parties (e.g. copyright, design/taste design, trademark and other license rights, patent and utility model rights or competition rights);
- goods or services that do not meet traffic-related, i.e. legal requirements, e.g. in terms of production, import and handling or product safety.
The user is responsible for ensuring and archiving all data and information that he needs, for example, for purposes of securing evidence, accounting, etc. This applies in particular to commercial and business letters, booking documents, invoices.
(1) remetra is entitled to delete advertisements or other content of the user set on the remetra portal or to prevent publication if there are concrete indications that they violate these terms of use or laws. Before the deletion or suppression, remetra will inform the user.
(2) Such a reference point is present, in particular, when third parties object to remetra the violation of immaterial goods or other rights by the display, the offered product or other content. In this case, remetra is entitled to prevent further, corresponding ads or contents until the user demonstrates a (judicial or extrajudicial) clarification with the third party.
(3) remetra also reserves the right not to publish ads or to remove from the remetra portal, where there are indications that - the inserted product is not transportable or freely available or otherwise offered in an illegal manner; or
- the ad for abusive purposes is or has been published.
(4) remetra shall be entitled to restrict, suspend or delay the publication of advertisements or other contents of users in whole or in part if this is necessary with regard to capacity restrictions, security or integrity of servers or for the implementation of technical measures or for the proper or improved performance (e.g. repair and maintenance work).
(1) The user releases remetra from all claims that other users or other third parties assert against remetra due to violation of their rights by advertisements and other content set by the user on the remetra portal or due to its other use of the remetra portal. The user has remetra to indemnify all necessary costs of legal defence (legal and legal costs) unless claims are unlawfully asserted.
(2) The user is obliged to provide remetra, in the event of third parties' use on request, immediately and completely any information necessary for the examination of claims and defence.
(3) Any liability of the user beyond these regulations remains unaffected.
(1) The ads and other content published on the remetra portal do not reflect the opinion of remetra and are not reviewed by remetra for their legality, correctness and completeness. remetra does not guarantee the correctness and completeness of the information contained in the advertisements and the quality, safety or legality of the goods or services offered by users.
(2) remetra shall be liable in accordance with the statutory provisions for intent and gross negligence of remetra, its legal representatives, senior employees or other vicarious agents. This also applies to the acquisition of guarantees or other liability independent of fault, as well as to claims under the Product Liability Act and in the event of a culpable violation of life, body or health. remetra is also liable for violations of essential contractual obligations caused by remetra, its representatives, senior employees and other vicarious agents, that is to say those obligations on which the user is allowed to regularly trust and trust in order to carry out the contract properly, but in this case the amount is limited to the typically arising foreseeable damage. Further liability of remetra is excluded.
(3) Insofar as the liability of remetra is excluded or limited, this also applies to the personal liability of its legal representatives, senior employees and other vicarious agents.
(1) Unless otherwise agreed, the parties may terminate the contract of use by a period of two weeks at the end of the month.
(2) The right to terminate without notice for an important reason remains unaffected.
(3) An important reason is, in particular, when
- the noticeable part, taking into account all circumstances of the individual case and taking into account the mutual interests, the continuation of the contractual relationship until the expiry of the notice period or until the agreed termination of the contract
the contractual relationship cannot be assumed;
- the user loses the entrepreneurship;
- the user has given incorrect information when registering;
- the user violates the essential provisions of these Terms and Conditions (in particular §§ 5 and 6);
- the user violates import or export control regulations.
(4) The termination is required by the text form, for example by e-mail, letter or fax.
(5) By the end of the usage contract, for example, ongoing ads by the user on the remetra portal are terminated and the user account is disabled. After deactivation, user access to the user account is no longer possible. At the latest after the expiry of six months after the termination of the usage contract, the user account and all data stored for this purpose are deleted, unless remetra is legally obliged to retain this data or has a legitimate interest in it (e.g. in order to prevent renewed registration after a legitimate blocking or termination). Aggregated data generated by the use can in principle be kept further after the end of the usage contract.
(6) remetra is entitled to definitively deactivate and delete user accounts with incomplete registration data and those inactive for a period of at least one year. Such deactivation or deletion will remetra inform the user at least one month beforehand on a permanent data carrier (e.g. via e-mail).
(1) Users receive information (e.g. contact data, messages) required via the remetra portal for the initiation of transactions and can access information, messages, advertisements and settings transmitted by them via their user profile.
(2) As part of the remetra portal, remetra has access to various information about users, in particular those that are transmitted or generated by users when using the remetra portal (e.g. contact or ad information, reviews, communication).
Information on the collection, processing and use of the user's personal data relating to the registration and use of the remetra portal shall be provided by the data protection declaration available at https://www.remetra.com/privacy-policy.
remetra respects third-party intellectual property rights. If you consider that your rights are used or violated in an inadmissible manner on the remetra portal, please let us know by e-mail to [email protected].
(1) The terms of use, the contract of use and all agreements based on it between remetra and the user apply exclusively to the right of the Federal Republic of Germany – excluding the UN Sales Law (CISG).
(2) If the user is a merchant within the meaning of the Commercial Code, a special public-law asset or a legal person of public law, Heidelberg is an exclusive jurisdiction for all disputes arising from the use contract and agreements based thereon. This also applies to participants who move their residence abroad after conclusion of the contract or do not have a general place of jurisdiction in the country. remetra is also entitled to sue the user at his general place of jurisdiction.
(3) Should individual provisions of these Terms of Use be or become invalid or invalid or invalid, this shall not affect the effectiveness of the other provisions. The statutory provisions are replaced by non-integrated or ineffective provisions of these Terms of Use. In so far as such does not exist or should lead to a result which cannot be suspected to a part, taking into account all circumstances of the individual case, in particular the contractual or legal risk distribution, the parties will agree, instead of the non-involved or ineffective provision, an effective regulation which can be assumed by the two parties.
remetra app GmbH
Hermann-Löns-Weg 52/1
69118 Heidelberg
Tel.: +49 1522 24281 1
Email: [email protected]
Commercial register:
AG Mannheim HRB 746258
Managing director: Leonard Olluri
Stand: 21.03.2023