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General terms and conditions

General Terms and Conditions
(as at: June 2016)
General Terms and Conditions (hereinafter referred to as "GTC") of wind-turbine.comGmbH, Amtsgericht Hanau HRB 12884, Barbarossastr, 61, 63571 Gelnhausen, legally
represented by the managing director Bernd Weidmann (hereinafter referred to as "").
1. subject matter of the GTC
a) operates a platform (hereinafter referred to as "wind-turbine.complatform") for internet-based services on the subject of wind energy under the domain On this platform, national and international operators, manufacturers
and dealers can present their turbines, suppliers their components and service providers their
services relating to wind turbines. Furthermore, the platform enables providers to inform
about new projects and developments, current job offers, dates and news. The portal can also
be used by interested parties to submit an enquiry for a service or product, which will be
forwarded by to suitable service providers or product suppliers. The
aforementioned services of are hereinafter referred to as "
b) The subject of these GTC is the operation of the platform and the services, the mediation of enquiries from interested parties (leads) and the
regulations for third-party services mediated via the platform (hereinafter referred to as "thirdparty services").
c) offers the platform and the services
only on the basis of these GTC. However, these GTC are subordinate to individual
agreements of the parties, separate agreements regarding data protection, separate agreements
regarding the service description and special conditions for the respective service.
d) General terms and conditions of a user are excluded.
2 Conclusion of contract, registration
a) In order to use the services, registration as a user is required.
b) Registration as a user is permitted to all natural or legal persons. However, there is no
entitlement to registration.
c) By sending the completed registration form in electronic form, the user makes an offer to to conclude the contract of use. can then check the user's
details at its own discretion. The acceptance of the offer to conclude a usage contract by windSubscribe to DeepL Pro to edit this document.
Visit more information. takes place by activating the user on the platform, about which
the user receives a notification email.
d) The user must provide all information in the registration form completely and correctly. In
the case of the registration of a legal entity or a partnership, the registration must be made by
a natural person who is authorised to represent the entity and who must be listed by name in
the registration.
e) The user is obliged to keep the stored personal data up-to-date and complete at all times.
f) When registering, the user selects a password that always complies with the current
password security requirements.
g) Passing on the password to third parties is not permitted. The password must be protected
from inspection by third parties. In the event that unauthorised persons are able to access the
user's account, the user must inform of this and immediately choose a new
h) The user contract and the user account are not transferable or assignable.
3. function of the platform, scope of the contract of use
a) The platform is a virtual market place where users can offer and request
services and products. The merely provides the technical
requirements for this purpose. In particular, is not itself a provider of the
wind turbines, components, accessories or services posted.
b) If a contract is concluded via the platform, is not
involved in this contract. is neither the representative nor the vicarious
agent of a party. is not subject to any obligations arising from contractual
relationships between users. In particular, does not assume any liability for
the correct description of services, tendering, acceptance or implementation of a product
tender or third-party services or for the conclusion of such contracts.
c) According to the user contract, users are authorised to use the functions offered on the platform as intended. There is no entitlement for services or provision of
services going beyond this.
d) The services consist of the operation and maintenance of the platform and the forwarding of service or product enquiries or contact details to
potential providers. The platform is accessible via remote means of communication. The
scope of use results from these GTC.
e) The functional scope of the platform is not conclusively defined and can
be extended, restricted or modified in any other way by at any time.
f) In the event of maintenance of the platform, the accessibility of the site
may be limited. makes every effort to prevent such downtime. Should an
outage nevertheless occur, will rectify this problem as quickly as possible.
No specific availability of the platform is promised. In particular, is not responsible for downtimes due to technical or other problems beyond its
control (force majeure, fault of third parties, etc.).
g) The information provided by users via the platform is stored by and
checked for plausibility at its own discretion. It is pointed out that users may provide false
information about the respective person or the order. It can also not be excluded that the platform is otherwise used by third parties in breach of contract. In this respect, does not assume any guarantee or obligation to indemnify in such cases.
f) uses a data centre within the EU. is free to use another
data centre within the EU.
4. obligations of users
a) Users are not permitted to use the platform in breach of contract or for
any other illegal purposes. If a user suspects that the platform is being used
in breach of contract, must be contacted immediately.
b) Each user is fully responsible for his or her information, service descriptions, offers,
images and content. Before placing offers and contents, the user has to check that their
retrievability or use does not violate legal regulations, morality or the rights of third parties
(e.g. trademark, name, copyright or data protection law or the protection of minors). will not check the information, service descriptions, offers, pictures or contents
and is not obliged to do so.
c) All users are obliged to comply with all relevant legal information obligations in all
communication processes via the platform.
d) The platform may only be used for the purposes stated above. Use of the platform for advertising purposes outside of the products and services
offered is prohibited.
e) Users must ensure that the stability and availability of the platform is not
jeopardised by excessive use of the platform.
f) Users undertake to follow the instructions of, even if these take the form
of instructions, notes and FAQs.
g) Each user indemnifies from any claims made by third parties against due to a breach of duty by the user, unless the respective user is not
responsible for the breach of duty. Reasonable costs of legal defence (especially lawyer's fees)
of are also to be reimbursed.
5. offer products or services
a) The platform enables users to offer products and services.
b) Users are obliged to select the appropriate category for the services or products offered and
to place the services or products in this category and to describe them completely and
truthfully with words and pictures.
c) It is forbidden to publish advertisements or other contents on the
platform that violate legal regulations, third party rights or morality.
d) In particular, advertisements and content that violate laws, are dishonest or misleading,
infringe the rights of third parties, distribute or spread spam, chain letters or pyramid schemes,
send viruses or other technologies, lead to excessive load or malfunction of the platform are prohibited.
e) It is prohibited to copy, modify or distribute the content of other advertisements.
The use of robots, crawlers, spiders, scrapers or other automated mechanisms to access the platform and collect content, for any purpose, is not permitted.
f) No information about other users, in particular e-mail addresses, may be collected or
obtained in any way without the consent of the user.
g) If a user offers goods or services on the platform as a commercial or
business-like provider, he must observe the special legal regulations for commercial providers
and ensure that he or his advertisement complies with the legal requirements regarding the
compulsory information on the imprint or provider identification according to § 5 of the
German Telemedia Act (TMG) and the regulations on distance selling law in the sense of §
312 c BGB.
h) reserves the right to delay the publication of advertisements and other
content on the platform for security reasons or not to publish such an
advertisement, despite no legal obligation to do so.
i) By publishing the advertisement on the platform, the user grants and the companies associated with a non-exclusive,
worldwide, unlimited, irrevocable, transferable and sub-licensable, royalty-free right of use in
all known and as yet unknown types of use with regard to all copyrights, database rights,
industrial, intangible or other property rights.
j) Entitled persons, in particular owners of copyrights, trademark rights or other property
rights, may report offers which infringe their rights to and request their
removal. In the event of proof of such infringement, the corresponding advertisement will be
deleted by
k) may restrict or terminate its services at any time. may
at any time delete the advertisement or other content posted on the
platform. is entitled to warn or temporarily or permanently delete users who
behave in breach of contract.
l) The advertisements published on the platform originate from users. does not guarantee or warrant the accuracy of the advertisements or the
communication between users or the quality, safety or legality of the goods or services
6. submit search query
a) Every user can submit a non-binding request for a product or service (hereinafter referred
to as "search request") on the platform free of charge to the platform or to
another user directly. In doing so, ensures through various measures that
the person submitting the search request receives acceptable offers from up to three providers
as quickly as possible. Due to the possible complexity of the planned project, a preliminary
assessment of the processing time cannot be made. endeavours to process
the request as quickly as possible. However, the actual preparation of the offer depends to a
large extent on the processing time of the user.
b) If the request is submitted to the platform, will analyse
the search request, request further information from the submitter if necessary and offer it by
telephone or e-mail to a maximum of three suitable suppliers without naming the contact
details of the submitter at a price determined by If the search request is
interesting for a user, he can request the contact details of the person placing the request from By sending the contact details of the placing party, the user commits to pay
the agreed price for the enquiry (lead) to
c) is in any case entitled to publish the search request under the heading
"Search requests" on the platform without naming the contact details. With
the publication of the search request it is publicly viewable for all guests and users. The
search request can then be called up by every guest and user and, if interested, users of can request the contact details of the person submitting the request. By sending
the contact details of the person submitting the search request, the user undertakes to pay the
agreed price for the search request (lead) to
d) The contact details of a person submitting a search request will in any case be passed on a
maximum of three times.
e) If the search request is sent directly to a user, will send the customer data
of the placing party at the request of the user. By sending the data, the user agrees to pay the
agreed price for the contact data.
f) The user has 7 days from sending the contact details to submit an offer to the person
submitting the request. The user has to inform immediately about the
preparation of the offer. In the event that the user does not send an offer to the search request
submitter within 7 days or fails to inform of such an offer within 7 days, shall be entitled to forward the search request to other suitable users and
additionally make it accessible to other users under the heading "search request" on the platform.
g) After the person placing the search request has received the offers, the decision whether to
accept an offer or not lies with him/herself. is neither involved as a
contractual partner nor does it act as a representative or vicarious agent of the contractual
7. disclosure of data
a) Every user expressly agrees that his personal data (e.g. details of the application and
contact data) may be stored by and forwarded to other users by Passing on the data to other third parties is excluded.
b) The collection, processing and storage of data shall be carried out exclusively in
accordance with the provisions of German data protection law.
8 Remuneration and invoicing
a) The registration and use of the portal is basically free of charge.
b) will charge a fee for the transfer of contact details of users submitting
search requests to, which will be agreed between and the
users or determined by prior to the transfer of these contact details. The
remuneration is due immediately with the transmission of the contact data.
c) issues an invoice in accordance with the tax guidelines by e-mail. A
paper invoice can be ordered by the user for a separate fee.
d) The user shall assert objections against invoices of within three months
after receipt at the latest. The user is excluded from raising objections that are not raised in
time, unless the user proves that he is not responsible for the untimely assertion. will point out this exclusion effect to the user in the invoices.
e) can demand lump-sum reminder costs of € 3.50, unless the user is
demonstrably not responsible for the delay in payment of the remuneration. The lump sum of
the reminder costs does not affect a possible proof that no, a considerably lower or a
considerably higher damage has occurred.
f) All remunerations or prices in offers or price lists are subject to value added tax.
9 Limitation of liability
a) The following regulations on the limitation of liability of apply to all
claims for damages and cases of liability, irrespective of the legal grounds on which they are
based (e.g. warranty, delay, impossibility, breach of duty, impediment to performance, tort
etc.) except for:
- Claims by a user for damages arising from injury to life, limb and health,
- Rights and claims of a user in case of fraudulent concealment of a defect by or due to the absence of a quality for which has assumed a
- Claims and rights of a user which are based on intentional or grossly negligent behaviour of itself, its legal representatives or vicarious agents as well as
- Claims of a user under the Product Liability Act.
For the above exceptions, the statutory regulation alone shall apply.
b) is only liable in the case of merely negligent causation of damage in the
case of violation of essential obligations (cardinal obligations), i.e. obligations the fulfilment
of which is necessary to achieve the purpose of the contract or the observance of which the
contractual partner may regularly rely on. In case of breach of cardinal obligations, the
liability of is limited to the compensation of the typical damage foreseeable
by at the time of conclusion of the contract. Apart from that, shall not be liable for damages caused by slight or simple negligence.
c) A liability for the compensation of indirect damages, especially for lost profit, only exists
in case of intent or gross negligence of legal representatives, executives or other vicarious
agents of
d) The general accessibility of the platform is free of charge. Liability for
non-existing availability is therefore excluded. In particular, there are no claims against if non-availability has an effect on the conclusion of a contract, e.g. because an
offer or a request cannot be placed.
e) cannot guarantee that suitable suppliers can be found for every search
query and that they can be induced to submit corresponding offers. Neither the conclusion of
a contract nor the successful execution of a contract is owed by The
warranty of is excluded in this respect.
f) is not responsible for breaches of duty that arise within the scope of any
contractual relationship between the interested party and the supplier.
10 Term, termination, deletion, blocking and other measures
a) The contract of use runs for an indefinite period of time and can be terminated by both
users and at any time with four weeks' notice. A written notice to or an email to is sufficient for a user's declaration of
b) If has reason to believe that a user is in breach of duty, e.g. due to
complaints by third parties, will inform the user of this. In doing so, may set a reasonable period of time for a statement, which may only be a few
hours in case of particular urgency.
c) can take the following measures if there are concrete indications that a
user is committing or has committed breaches of duty (e.g. incorrect contact details, incorrect
information on the service description, damage to other users, etc.). ) is committing or has
- Deletion of individual search queries or content of the user on the
- Limitation/restriction of the use of the platform by the user;
- Blocking or deletion of the user's account;
d) When choosing the measure, takes into account the operational
requirements of, its own liability risks as well as the legitimate interests of
any claimants and the user (e.g. fault, weight of the breach of duty, risks, opinion of the user).
e) It is forbidden for blocked users to register again with the platform under
a different profile and/or name.
f) Until the end of the contract, the user can view his requests and contents in the state in
which they are available at and, if necessary, save or print them via the
browser. Afterwards, is entitled to delete them. can save
and use the user's content beyond the end of the contract, as long as the user's legitimate
interests are not opposed.
11. assumption of contract by third parties is entitled to transfer all rights and obligations arising from the usage
contract in whole or in part to a third party with a notice period of four weeks. In this case, the
user is entitled to terminate the usage contract within three weeks after receipt of the
notification with a notice period of 4 working days.
12 Final Provisions, Applicable Law and Place of Jurisdiction
a) The current version of the GTC is available for download on the
platform. does not assume any obligation to save or keep older versions
b) reserves the right to change these GTC, as far as the contractual position
of the user is not significantly worsened by the change, in particular the regulations with
fundamental importance (e.g. term, liability) remain essentially unchanged and this is
necessary to adapt to developments which were not foreseeable at the time of the conclusion
of the contract and whose non-consideration would noticeably disturb the balance of the
contractual relationship. Furthermore, adjustments or additions to the GTC may be made
insofar as this is necessary to eliminate difficulties in the performance of the contract due to
regulatory gaps that have arisen after the conclusion of the contract.
c) The amended terms and conditions will be sent to the users by e-mail at least six weeks
before they come into force. If a user does not object to the validity of the new GTC within
six weeks after receipt of the e-mail, the amended GTC shall be deemed to be accepted. shall separately inform the users of the significance of this period in the e-mail
containing the amended conditions. If the user objects within the deadline, the contract will
continue to run according to the previous conditions.
d) The assertion of a right of retention or offsetting is only possible for the user with
counterclaims that have been legally established or are undisputed by
e) Claims against may not be assigned to third parties in whole or in part.
f) Should individual provisions of these terms and conditions and / or the contract of use be
wholly or partially invalid or unenforceable, or should they later lose their legal validity or
enforceability, this shall not affect the validity of the remaining provisions of these general
terms and conditions and / or the contract of use.
g) All legal relationships on which these GTC are based shall be governed by the law of the
Federal Republic of Germany without the provisions that lead to the applicability of foreign
law or the CISG.
h) With merchants, legal entities under public law or special funds under public law,
Gelnhausen is agreed as the exclusive place of jurisdiction. In addition, Gelnhausen shall be
the exclusive place of jurisdiction if the user does not have a general place of jurisdiction in
Germany or the user moves his place of residence or habitual abode out of Germany after
conclusion of the contract or the place of residence or habitual abode of the user is unknown.
End of the GTC
Status: 1 June 2016