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    Terms of Use of the Online B2B Portal of thyssenkrupp Rasselstein GmbH

    Welcome to the Online B2B Portal of thyssenkrupp Rasselstein GmbH!

    The Online B2B Portal is only meant for natural or legal persons or legal partnerships that are acting in exertion of their commercial or independent professional activities pursuant to Sec. 14 BGB when using the Online BGB Portal (“Entrepreneurs”).

    Conversely, any registration of consumers on this Online B2B Portal and particularly a sale of products to consumers using this Online B2B Portal is explicitly excluded.

    Please read the following Terms of Use. Every visitor to the Online B2B Portal declares their consent to the application of the most current version of these Terms of Use by using the website.

    Section 1 General Provisions

    1. thyssenkrupp Rasselstein GmbH (hereinafter called “Provider”) operates an online b2b portal as a service platform and for the distribution of products under the domain name www.packagingsteelshop.com (hereinafter called “Online B2B Portal”).
    2. The Online B2B Portal can only be used by registered users (hereinafter collectively called “Users”).
      In the closed area of the Online B2B Portal, Users have the opportunity to bindingly order products from the Provider using the portal.

    Section 2 Subject, Scope, Amendments to the Terms of Use

    1. The subject of these Terms of Use is the formation of the User Agreement and regulations for the use of the Online B2B Portal.
    2. With the use of the Online B2B Portal, the User declares that they accept the application of these Terms of Use. They will apply to the relationship between the Provider and the User in connection with the use of the Online B2B Portal, including but not exclusively to the collection, use, and continued processing of data and information that the User provides.
    3. The Provider reserves the right to alter or amend these Terms of Use at any time without stating a reason.
    4. In the event that these Terms of Use are amended, the User declares that they accept the changes and recognize them as binding by continuing to use the Online B2B Portal after the changes have taken effect.
    5. The most current version of the Terms of Use can be viewed electronically under www.packagingsteelshop.com/terms-of-use.
    6. These Terms of Use are available in German and in English.
    7. These Terms of Use do not apply if explicit deviating agreements have been made or are made in written form between the User and the Provider. These Terms of Use particularly do not affect existing or future contractual relationships between customers or suppliers and the Provider, inasmuch as these do not explicitly relate to these Terms of Use and the use of the Online B2B Portal is not a contractual component. Explicitly deviating agreements always take precedence over the regulations of these Terms of Use.

    Section 3 Provider Information

    • The contractual partner of the User in relation to the User Agreement is the Provider. Additional information about the Provider, including contact information and legal notifications, can be found in the legal notice of the Online B2B Portal.

    Section 4 Types of Use / Registration / Deregistration

    1. Usage as a guest:
      Usage without prior registration or without previously logging in with your own user information (hereinafter called “guest usage”) is not possible. Users who access the Online B2B Portal without first registering and/or logging in with their registration (hereinafter called “Guests”) can only access the public areas of the Online B2B Portal.

    2. Usage as a registered User:
      1. A prerequisite for use of the closed part of the Online B2B Portal is the registration of the User and that they then log into the Online B2B Portal before use (hereinafter called “usage as a registered User”).

        Once they have logged in, a registered User can access the closed part of the Online B2B Portal. In the closed part of the Online B2B Portal, the registered User subhas the opportunity to access various functions in addition to the functions of the public part of the Online B2B Portal, such as the purchasing function of the Online B2B Portal.

      2. Description of the “purchasing function”
        These Terms of Use only regulate the general use of the Portal. The use of the purchasing function is described in the General Terms and Conditions of Sale and Delivery of the Provider for the Online B2B Portal.
    3. Registration:
      1. To register, the User must use the contact information listed on our website to contact us, and must explicitly confirm that they have read these Terms of Use and agree to their application.

        The Provider only offers the opportunity to register and therefore to use the closed part of the Online B2B Portal to commercial Users, which is to say entrepreneurs in the sense of Sec. 14 BGB, and to natural persons who are authorized to represent an entrepreneur in purchasing, for commercial use.

      2. Registration occurs cumulatively and in relation to a specific person or company. Accordingly, a User can only be a natural person who is acting for an entrepreneur. The registration occurs both in relation to the respective natural person who is registering and to the company for which they are registering. If additional people who are authorized to represent the company require access to the Portal in addition to the respective User, they must undertake separate registrations.

        The User undertakes to do so and correspondingly warrants that they will not provide incorrect information about their person and their company. They also undertake to regularly review the information they have stored to ensure its accuracy for the duration of registration.

      3. After contract information has been registered, the User will be approved by the Provider once the User data has been reviewed.

        However, the Provider is entitled to decline the User's application for registration at their discretion or to limit or exclude usage by the User at any time without stating a reason. The User has no claim on the Provider for approval or acceptance of the User Agreement as a registered User.

        The approval occurs over email to the email address the User indicated during registration. The User will also receive their automatically generated access data in an email sent to this email address. The access data consists of a user name and password. This email will also contain a request to the User to verify the account by clicking on a link in the email. With the first login with the access data that has been received, the registration process is complete. The User can alter their password at any time.

    4. The Provider reserves the right to alter, expand, or limit the Online B2B Portal or individual functions of the same at any time at their discretion, inasmuch as the Provider has not undertaken another obligation to the User in written form.

    Section 5 Obligations of the User

    1. The User is obligated to keep their access data to the Online B2B Portal strictly confidential at all times and not to give it to third parties. The User must also ensure that third parties cannot access the Online B2B Portal through unauthorized use of their end device (e.g. PC, mobile telephone). The User is responsible without restriction if a person who is not or is no longer authorized by them or a third party or a form employee uses or could use the access data due to their actions or omissions.
    2. The User declares their agreement, inasmuch as it is admissible under applicable law, to be responsible for all entries or other activities that are performed in the Online B2B Portal using their access data.
    3. The User must immediately inform the Provider of any alteration of the User data by using the contact information stored in the Online B2B Portal, and must update their User data correspondingly.
    4. If the User leaves the company that they indicated as a company represented by them at registration, or if the User leaves their responsibility and/or authorization for representation with regard to the functions of the closed ares of the Online B2B Portal while remaining in the company, the registration is invalid. In this circumstance, the User must immediately inform the Provider by using the contact data stored in the Online B2B Portal and must refrain from using the Online B2B Portal in the future. The User is responsible for complying with the above obligations.
    5. The User is also obligated to treat data and contents that were provided to them using the Online B2B Portal as confidential and only to disclose them to authorized employees and representatives of the company for which the User registered. They must take all due care to ensure that unauthorized third parties cannot access this data and information. An authorization to view information can result from mandatory statutory regulations.
    6. The User is prohibited from using the Online B2B Portal for fraudulent or other illegal activities.
    7. The User is also prohibited from using the Online B2B Portal or a service operated through the Portal in a manner that is suited to interrupt, damage, or otherwise impair access to or the functionality of the Online B2B Portal.
    8. The Provider reserves the right to close the User account. This particularly applies in the event that the User infringes against applicable law or contractual agreements, including those of these Terms of Use, by using the Online B2B Portal or due to the use of the Online B2B Portal.
    9. The User is liable to the Provider for damages caused because the User infringed against their obligations under these Terms of Use. The User is also obligated to indemnify the Provider from third party claims that arise due to an infringement of the User's obligations.
    10. The User is responsible for maintaining all of the facilities they require to access the Internet and the Online B2B Portal.

    Section 6 Remuneration / Availability

    1. There is no change for registration as a User or for the use of the Online B2B Portal. However, costs may be incurred through binding agreements and transactions that the User enters into while using the Online B2B Portal.
    2. The Online B2B Portal is available 24 hours a day. However, the maintenance of the availability of the Online B2B Portal is a voluntary service of the Provider and is not a contractual obligation. The Provider issues no warranty for full availability, nor does it guarantee the same. Maintenance measures that are necessary for the system or to provide new functionalities may cause interruptions or disturbances in availability.

    Section 7 Exclusion of Liability

    1. In the context of this User Agreement, the Provider is liable for damages due to infringement of contractual or extracontractual obligations, unlimited only in the event of intent or gross negligence, or in case of simple negligence only in the event of infringement against essential contractual obligations. Contractual obligations are essential if their infringement would endanger the achievement of the contractual purpose or if their fulfillment is absolutely necessary for proper performance of the contract and the User may regularly rely on compliance with the same. In cases of simple negligence, the liability of the Provider is limited to damages that were foreseeable at the time of contractual conclusion and typical for the type of contract.
    2. The data and information that the Provider provides to the User on this Online B2B Portal are compiled with the greatest possible care and in good faith, and are updated on a regular basis. Despite careful review, the faultlessness of this data and information is not guaranteed. The Provider therefore excludes any liability or guarantee with regard to the accuracy, completeness, availability, and timeliness of the content provided on the Online B2B Portal.
    3. The use of the Online B2B Portal occurs free of charge pursuant to Section 6. The Provider will take all due care to provide the Online B2B Portal completely and without interruption within the context of their economic and technical opportunities. Despite this, availability cannot be guaranteed, and does not constitute a contractually obligated service on the part of the Provider. The Provider's liability for damages of any type that arise from the nonavailability, interruption, inaccessibility, or closures of applications or inaccuracy of the Online B2B Portal is therefore excluded.
    4. For the reasons named in paragraphs 1 and 2 of this Section 7, the liability of the Provider for damages of any type that the User suffers due to incomplete or incorrect communication of contact information to the Provider is excluded. In addition, damages or claims of the User that occur in the context of requests from framework agreements are subject to the respective stipulations of the framework agreements, particularly to exclusions and limitations of liability.
    5. The above limitation of liability does not apply in the event of injuries to life, limb, or health, or for a defect after granting a warranty for the condition of a product or in the event of maliciously concealed defects. Liability pursuant to the Product Liability Law remains reserved.
    6. Inasmuch as the liability of the Provider is excluded or restricted, this also applies for the benefit of the employees, representatives, and agents of the Provider.

    Section 8 Trademarks, Copyrights, and Database Rights

    1. Inasmuch as not otherwise indicated, all trademarks used on the Online B2B Portal are protected under trademark law. This particularly applies for company logos and brands.
    2. The structure, the images, and other content of the Online B2B Portal are subject to copyright law and the laws for the protection of intellectual property.
    3. Section 8 (2) applies correspondingly for all data contained in the Online B2B Portal or provided through the Online B2B Portal.
    4. The Provider neither transfers rights to its content, trademarks, or other intellectual property to the User by granting usage, nor does it grant rights in any other manner inasmuch as these exceed the rights that are necessary for the stipulated usage of the Online B2B Portal.
    5. Without the explicit, written authorization of the Provider, the User is prohibited from extracting and/or reusing data and/or contents (e.g. images, prices) from the Online B2B Portal in whole or part. The User is particularly prohibited from using technical aids such as data collection or extraction programs to extract significant parts of the Online B2B Portal, its structure, or its contents for their own use.
    6. The User is prohibited from creating and/or publishing their own database that contains significant portions of the Online B2B Portal without the explicit written authorization of the Provider.

    Section 9 External Links

    1. The Online B2B Portal may contain links to other websites with contents that the Provider is unable to influence. The respective operator of the linked website is responsible for the contents and the accuracy of the information that is provided. At the time of linkage, no statutory violations were apparent. If such a statutory violation becomes apparent, the link will be removed as quickly as possible. There will not be a notification when the User leaves the Online B2B Portal.
    2. It is also solely the responsibility of the respective operator of a linked website to structure it in accordance with the statutory requirements for privacy and informational security.
    3. The Provider explicitly excludes any liability for the content of such websites or the consequences of using such websites.

    Section 10 Privacy Policy

    • By using the customer portal, the User agrees to the application of the Privacy Policy (available under www.packagingsteelshop.com/data-privacy).
    • User data that the Provider receives through the use of the customer portal or registration will be stored, processed, and used according to the strictures of the Privacy Policy.

    Section 11 Electronic Communication

    1. In the context of using the Online B2B Portal or through sending emails or communications of another nature from computers or mobile end devices of the User to the Provider, the Parties are communicating electronically. The Provider communicates with the User through various electronic means, e.g. through emails, publishing electronic newsletters, or other communications in the Online B2B Portal.
    2. For contractual purposes, the User agrees that the Provider may contact them electronically, inasmuch as no mandatory statutory provision requires the written form.

    Section 12 Term of the Terms of Use, Termination, and Consequences of Termination

    1. The User Agreement runs for an undetermined period of time.
    2. Either Party can effect an ordinary termination of the User Agreement with a notice period of 7 (seven) days. The termination requires at least the written form. The mutual right to termination for an important reason remains reserved.
    3. The User account will be locked when the User Agreement ends. As of this time, the User will no longer be able to access the data stored in their User account, and they will no longer be able to implement orders. As of the time of termination, it will no longer be possible to use the Online B2B Portal.

    Section 13 No Waiver

    1. Inactivity on the part of the Provider with regard to an infringement of these Terms of Use by the User does not constitute the Provider waiving its rights.
    2. The Provider particularly remained entitled to assert its rights in the event of any future infringement of the Terms of Use by the User.

    Section 14 Applicable Law / Court of Jurisdiction / Dispute Settlement Authorities

    1. These Terms of Use, the Privacy Policy, and any disputes in connection with the same, notwithstanding deviating individual agreements, are subject to the material law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Any applicable, mandatory consumer law provisions remain unaffected by the choice of law.
    2. For merchants, legal persons under public law or special funds under public law or Users who have no general court of jurisdiction in Germany or moved their customary residence outside of Germany after contractual conclusion, as well as User whose customary residence is not known, the sole court of jurisdiction for disputes in connection with these Terms of Use is agreed to be Andernach (Germany).

    Section 15 Severability Cause

    • If a regulation in these Terms of Use is or becomes ineffective in whole or part, this shall not affect the effectiveness of the remaining regulations.

thyssenkrupp Rasselstein GmbH © 2018