General Terms and Conditions for Business Customers

(1) Fabian Kossmehl, THE WEEZEL Sales, Amthausstr. 1, 35428 Langgöns (hereinafter "we", "us", "operator") operates an internet platform that enables end customers and business customers to purchase various goods from its own product range ("online shop", "web shop").

(2) These terms of use apply exclusively to companies that intend to register as business customers in order to purchase goods or services via the online shop ("customers"). Differing, conflicting or supplementary general terms and conditions, in particular the customer's terms and conditions of purchase, will only become part of the participation contract if and to the extent that the operator has expressly agreed to their validity. This consent requirement applies in all cases, for example even if the operator carries out its services without reservation in full knowledge of the customer's terms and conditions.

(3) Individual agreements made with the customer in individual cases (including collateral agreements, additions and changes) always take precedence over these terms of use. The content of such agreements is determined by a written contract or written confirmation from the operator. However, employees of the operator are not authorized to make oral agreements with the customer in connection with the contract that deviate from such a written contract or confirmation from the operator or these terms of use.

(4) Legally relevant declarations and notifications which the Customer must make to the Operator after the conclusion of the contract must be in writing to be effective.

(1) The contracting parties are Fabian Koßmehl – THE WEEZEL Sales, Amthausstr. 1, DE-HE 35428 Langgöns, as well as the customer.

(2) If a customer uses the registration to purchase products from the operator via the online shop, the purchase is also subject to the General delivery conditions for business customers of the operator.

(1) As part of the registration process, the customer must create a personal profile. The customer undertakes to provide the requested data correctly and completely, in particular a valid email address. The email address provided by the customer is the contact address between the operator and the customer. The operator will send all information relating to the contractual relationship to this contact address.

(2) During registration, the customer may be asked for certain data for his identification and for his authorization to conclude contracts for the specified company. This data may be processed to ensure compliance with regulations on money laundering, economic sanctions, embargoes and/or other export control regulations. Further details can be found in the general delivery conditions regulated.

(3) If his data changes, the customer undertakes to make the corresponding updates in his customer account immediately.

(4) If the customer has forgotten his password, he can request that a new password be sent to the specified e-mail address using the “Forgot password” function.

(5) The customer undertakes to keep his password secret and not to disclose it even if asked. The operator points out that employees or agents of the operator are not authorized to ask the customer for his password. The password must be kept safe. The customer is obliged to inform the operator immediately if there is reason to worry that third parties may have obtained knowledge of the password or used it to carry out a transaction.

(6) The customer account in the online shop is generally not transferable.

(7) The creator of a customer account must

a) be authorized to act on behalf of the customer and to bind him,

b) have all necessary rights, powers and authorizations to enter into this Agreement, and

c) act on behalf of an entrepreneur.
An entrepreneur in this sense is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity, as well as all types of authorities (central, local or public institutions) and all types of non-profit organizations.

(8) The creator of a customer account can manage all data stored there as an administrator. The creator must ensure that he has the necessary authority to do so within his company. In the event of discrepancies, the operator has the right, at its own discretion, to request appropriate proof of such authority.

(9) The following generally applies to company profiles:

a) When creating a company profile, the person who registers the relevant customer account is generally assigned the role of administrator. Section 3 (8) sentences 2 and 3 apply accordingly.

b) The existence of a company profile does not prevent the creation of another one. The operator is not obliged to match company profiles.

(1) Intended changes to the Terms of Use will be communicated to the Customer in writing by email in good time before they come into effect.

(1) The operator's services are limited to providing an opportunity to purchase goods via the online shop. The customer can store certain data such as payment details and addresses in order to make future purchases more convenient.

(1) The customer acts in the exercise of his commercial or independent professional activity. Both natural and legal persons are permitted.

(2) The use of the operator's services is generally only permitted to persons who have reached the age of 18. The operator reserves the right to check the data provided by the customer and, in the event of justified doubts, to request appropriate evidence.

(1) The customer will only use his account within the limits specified here. In particular, he will refrain from

(a) to make purchases for personal use;

b) pass on purchasing discounts to third parties;

c) to make defamatory, offensive or otherwise unlawful content accessible;

d) to threaten or harass other persons or to violate the rights (including personal rights) of third parties;

e) upload data that contains viruses;

f) intercept or attempt to intercept emails;

g) sending chain letters or engaging in direct marketing;

h) to pass on logins and personal passwords to third parties or to share them with third parties;

i) to pass on the data generated via the customer account to third parties.

j) deliberately disturbing or manipulating industrial peace.

(2) The customer ensures that persons who can log into the customer’s online shop account have the necessary powers and authorizations.

(3) The customer is responsible for storing and securing his content. Processing via the online shop does not release the customer from compliance with statutory or company retention obligations. The operator assumes no retention obligations and is not liable for the loss of data and information.

(4) The customer will not participate actively or passively, directly or indirectly in any form of bribery, violation of the fundamental rights of its employees or child labor. It will also assume responsibility for the health and safety of its employees in the workplace and comply with applicable environmental protection laws. Furthermore, it will take appropriate measures to avoid the use of so-called conflict minerals and to create transparency about the origin of the raw materials it uses, and to ensure compliance with our code of conduct promote and demand in the best possible way.

(5) The customer shall at all times comply with the law applicable to him and shall keep himself informed of any changes. He shall ensure that the users acting on his behalf do the same. The customer shall inform the operator immediately as soon as he becomes aware of any violations.

(6) If the customer intends to assert claims against the operator or a dealer for infringement of his intellectual property or other rights, he undertakes to keep the damages and expenses incurred as low as possible. Before the customer takes legal or extrajudicial action, he will first inform the operator and/or the dealer informally and at his own expense.

a) inform about the alleged infringement and, if necessary,

b) request that the infringement be stopped or removed within a reasonable period of time (at least 5 working days). If the deadline set by the customer expires without success, the customer is entitled to seek legal assistance to enforce his rights.

(7) The customer will notify the operator immediately if he believes that inadmissible products are offered in the online shop. Inadmissible products in this sense are such products,

a) do not comply with applicable laws or other provisions, in particular violate copyright, patent, trademark or design rights or other provisions for the protection of intellectual property or trade secrets;

b) which are subject to provisions for the protection of minors, but are not sold as such;

(c) do not comply with (product) safety or conformity requirements (including marking requirements such as the CE marking);

d) the dispensing of which requires a specific qualification, (including official) authorisation or similar (e.g. pharmacy-only and prescription-only medicinal products as well as medical devices, narcotics);

(e) the acquisition or possession of which requires a licence;

f) the sale of which would violate an embargo of the Federal Republic of Germany, the European Union, the United Kingdom or the USA;

g) they are explosives within the meaning of the EU Explosives Regulation;

(h) the foodstuffs are;

i) which are subject to a ban within the meaning of Article 4 of the EU Battery Directive (2006/66/EC or the successor directives); or

j) are on the list of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

(8) Before the customer reports a matter to the operator in accordance with §7 (5) to §7 (7), he will examine it carefully using all information available to him in order to avoid unjustified accusations. The repeated submission of obviously unfounded reports constitutes a "disturbance of industrial peace" within the meaning of §7 (1) j). In this case, the operator will, after warning the customer, suspend the processing of further obviously unfounded reports and, if necessary, take measures in accordance with §8.

(1) Unwanted or illegal content
Prohibited content in the online shop is content that is either illegal (see Art. 3h) DSA) or has been defined as prohibited by the operator, e.g. through the list of prohibited products (see §7 (7)). This also includes inaccurate or irrelevant reviews from dealers and customers (see §10) or objectively inaccurate or incomplete content (e.g. energy efficiency, CE marking, etc.).

(2) Moderation measures
The operator takes various measures to combat inadmissible content. This includes checking and, if necessary, removing inadmissible content after becoming aware of it, issuing a warning to the person responsible for the content, possibly with the threat of blocking the account (see §9) or permanent exclusion from the online shop. The operator can also simply give the person concerned information or request a statement before content is removed. The operator will generally not disclose the identity of the person reporting the violation. There will be no automated punishment for any violations.

(3) Avoidance of illegal or inadmissible content
The operator is not obliged to take preventive action against unlawful content by third parties in the online shop (see Art. 8 DSA). In order to avoid unlawful content, the operator nevertheless reserves the right to randomly check content intended for upload manually or to have it checked or to use automated word or image filters. 

(4) Guidelines and procedures
The reporting channels for inadmissible content are communicated by the operator within the online shop. After inadmissible content is reported, a process is opened internally by the operator. The process is then evaluated with the involvement of the relevant specialist departments. The retailer or user is informed of the removal of the inadmissible content by email and the measure is justified in accordance with Art. 17 DSA.

(1) The operator is entitled to temporarily block the customer’s account immediately if

a) there is reasonable suspicion or it becomes apparent that the customer has not complied with his obligations under Section 7 (1);

b) there is reasonable suspicion or it becomes apparent that the customer's account is being misused by third parties and the customer asks the operator to block his account;

c) there is reasonable suspicion or it becomes apparent that the customer’s account is being used for fraudulent purposes; or

d) there is an extraordinary reason for termination according to §10 (2).

(2) The customer will be informed of the impending blocking in good time (warning). However, a warning is not necessary if special circumstances exist which, after weighing up the interests of both parties, justify immediate blocking.

(1) The customer has the opportunity to rate the online shop and the products ordered, with which a transaction was concluded, within the framework of a rating system provided by the operator. The customer may only give one rating for the purchased product per order, regardless of the number of items ordered. In addition, the customer has the opportunity to give a short individual comment on their purchase. The rating, in particular the individual comment, must be truthful and factual and must not contain the following in particular:

(a) reductions for which the seller has not given cause;

b) calls for boycotts;

c) advertising and other commercial content; or

d) Personal and personal data of third parties

(2) The customer is aware that these reviews will be made publicly available by the operator on the platform. He hereby expressly agrees to this.

(3) The operator is not responsible for the content of the reviews. Before publication, the reviews are checked for factual and substantive accuracy, but not for their legal admissibility. If the operator is informed of offensive, defamatory or otherwise obviously illegal reviews, the operator will block the content from being accessed in these cases.

(4) If the customer uploads photos, videos, images, drawings or other media files for a product review, a comment or similar, he assures that he owns all rights to the material and that he will transfer these to the operator free of charge for use in the publication. If the customer does not own the necessary rights, he is fully liable for all damages resulting from this.

(1) The contract comes into effect upon acceptance by the operator or activation of the customer account and is concluded for an indefinite period. The contract can be terminated at any time with a notice period of two weeks to the end of the month by notification in text form.

(2) The right to extraordinary termination for good cause remains unaffected.

(3) The above right of extraordinary termination may be exercised with a notice period of four weeks from the date of knowledge of the circumstances justifying extraordinary termination.

(4) If the contract is terminated, the operator will deactivate the customer account 5 working days after the end of the contract. Legal documentation and retention obligations remain unaffected.

(1) Registration for the online shop is free and non-binding. Accordingly, the operator is not liable for material or legal defects of the service, analogous to the provisions for free contract types, except in cases of fraudulent intent and subject to the following Section 12.

(1) With regard to the possibility of shopping in the online shop, the operator is liable – again analogous to the provisions on free-of-charge contract types – for damages caused intentionally or through gross negligence.

(2) Any further claims are excluded regardless of the legal basis. However, any claims under the Product Liability Act remain unaffected.

(1) Upon conclusion of the contract, the customer is granted the right to use the online shop as a customer in accordance with the terms of use. Insofar as the customer provides content (e.g. comments) as part of using the online shop, he grants the operator the non-exclusive, free of charge, irrevocable, transferable and unlimited right (including the right to grant sublicenses) to distribute, reproduce or otherwise edit and use this content posted in the online shop for the purposes of the online shop. In particular, the operator may translate the customer's content or make it displayable on mobile devices and mention the customer in advertising for the online shop. The operator may use the customer's ideas, suggestions and other feedback on the online shop for its own purposes, in particular to develop and improve the online shop.

(2) The rights of use granted to the Operator in these Terms of Use also include use by affiliated companies and business partners.

(1) The contractual relationship is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Gießen.

(2) No oral side agreements have been made. Any addition or amendment to this contract, including this clause, must be in writing. The written form is only ensured by the handwritten signature of each signatory. In derogation from this, the amendment or addition can be accepted by all contracting parties in electronic form if the issuer of the declaration provides the electronic document with a simple electronic signature and uses a so-called trust service within the meaning of the eIDAS Directive (e.g. DocuSign, see the EU-EEA Trusted List) for transmission.

(3) Should individual contractual provisions be or become invalid in whole or in part, the remainder of the contract shall remain valid. The same applies if a gap should emerge in these terms of use. The contracting parties shall endeavour to replace the provision that is invalid in whole or in part with an appropriate provision that – as far as legally possible – comes closest to what the contracting parties would have wanted if they had considered the invalidity. The same applies to the subsequent discovery of a contractual gap.