General Terms and Conditions of Use of, Arico GmbH Patershäuserstraße 28 63128 Dietzenbach (hereinafter referred to as Platform Operators) for the platform arico-b2b

1. – General Provisions

   1. Scope of application

      1.1. These Terms of Use apply to the use of the platform at the above URL. These terms of use apply exclusively. The platform operator does not recognize terms and conditions that deviate from this, subject to express consent.

      1.2. These terms of use apply exclusively. The platform operator does not recognize terms and conditions that deviate from this, subject to express consent.

      1.3. Within the scope of these T&Cs, the following definitions apply:

      • The “Platform Operator” is the above-mentioned company (hereinafter also referred to as “Arico”).

      • “Platform” means the platform available at the URL mentioned in the heading.

      • “Vendor” means any natural or legal person who advertises and sells your products and services on the platform.

      • “User” means any natural or legal person who purchases or has an interest in purchasing goods or services on the Platform.

      1.4. Consumers and individuals are not allowed to register on the platform and cannot take advantage of the services offered. No contracts may be concluded with private individuals on the platform.

   2. Range of services

      2.1. The platform serves to connect suppliers, producers, and traders and to mediate with each other so that they can conclude bilateral agreements with each other. To do this, vendors can place ads on the platform. The platform is used exclusively to mediate the conclusion of contracts, which then take place outside the platform. The main service of Arico is, therefore, the mediation of contact and the initiation of contracts.

      2.2. At no time does Arico become a party to the contracts concluded between users and providers. These contracts are concluded exclusively between the provider and the user.

      2.3. The availability of the platform is 96.5% on an annual average. Excluded from this are necessary regular maintenance work as well as those periods in which availability is limited due to events for which Arico is not responsible (e.g., force majeure, actions of third parties, technical problems, or changes in the legal situation). Arico will endeavor to carry out all scheduled maintenance work at times with as few visitors as possible and to keep it as short as possible.

2. – Contract between Arico and the Suppliers

   1. Object of agreement

      1.1. On its platform, Arico provides providers with the opportunity to advertise their goods and services to users by placing corresponding advertisements. The Provider acts independently and is not subject to the instructions of Arico in the performance of the services offered by it, except as otherwise agreed in these Terms of Use. Subject to deviating agreements or mandatory statutory provisions, the provider is completely free in the structuring of its activities and the content of the contract between it and the user; this applies to the duration, timing, and type of services, as well as compliance with statutory provisions. The provider has the option of incorporating any necessary legal texts that are to apply in relation to users and/or providers.

      1.2. At no time does Arico become a party to a contract concluded between the user and the provider, which is why Arico is not subject to any obligation to provide information arising from these legal relationships (e.g., with regard to consumer rights). A contract is concluded exclusively between the provider and the user. No contracts are envisaged via the platform.

   2. Registration on the platform

      2.1. Providers can create an account on the platform. By registering, a user agreement is concluded between the provider and Arico.

      2.2. Registration as a provider is reserved exclusively for natural or legal persons of legal age who act in their capacity as entrepreneurs. Consumers/individuals are not eligible to register as a provider. Arico reserves the right to verify the company's status by requesting appropriate evidence.

      2.3. After registration, the provider can create a supplier profile and is entitled to advertise its goods and services.

   3. Subscriptions

      3.1. The use of the platform to serve ads is done through a subscription. The fees incurred for this are to be compensated by the provider monthly in advance, no later than 5 working days into the current month, by payment to the agreed account at Arico.

      3.2. The amount of fees charged for the subscription depends on the number of ads served. Details of the subscription prices can be found in the information on the website.

      3.3. Unless otherwise specified, the subscription contracts are concluded for an indefinite period of time and can be terminated at any time with a notice period of one month. The right to extraordinary termination without notice for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

   4. Contract Term and Termination

      4.1. Unless otherwise agreed, the user agreement between the provider and Arico is concluded for an indefinite period of time and can be terminated with one month's notice.

      4.2. After termination of the contract, the provider's account will be deleted from the platform within one month. The information on the account will be irrevocably deleted, except billing and other information that must be retained. It is the provider's responsibility to secure this information elsewhere in advance.

   5. Rights and Obligations of the Provider

      5.1. The provider must ensure that all content posted by it complies with the applicable law,in particular the provision of information, data protection law, competition law, consumer protection, and copyright law, and there are no conflicting third-party rights. In particular, the provider must be fully entitled to publish the content provided by it (e.g., images and texts) as well as other data and documents. In addition, the services offered must also be compatible with the applicable law. In particular, the provider must be qualified to provide the respective service and meet the legal conditions applicable in its country (in particular, official approvals) for the provision of the respective service.

      5.2. Content and offers that violate applicable law are not permitted. Arico reserves the right to block or delete such content without prior notice.

      5.3. In the event of a breach of the obligations of this section, Arico is entitled to terminate the contract without notice (extraordinary termination), block the account, or delete individual contents. The respective sanction is at the discretion of Arico, taking into account the nature and seriousness of the violation.

3. – Legal relationship between Arico and users

   1. Registration and Subject of Services

      1.1. Users can register an account on the platform for free. To do this, they enter the information requested as mandatory information completely and truthfully in the online registration form. The subsequent activation of the user account creates a free-user relationship between the user and Arico.

      1.2. The object of the user relationship is exclusively the provision and maintenance of the platform's content and functions. Contracts for the performance of individual fee-based contractual services are concluded exclusively between the user and the provider outside the platform.

      1.3. Before submitting the registration, users can correct the information at any time using the mouse and keyboard functions. The German language is available for the conclusion of the contract. The warranty law of the German Civil Code (BGB) applies.

   2. Obligations of the User

      2.1. The user is obliged to keep the data provided during registration up-to-date at all times and to refrain from violating these terms of use and applicable law. The user must also ensure that his account is only used by him or her. He must treat his access data and the data stored by him confidentially and ensure that third parties do not have access to his data. If the user culpably violates this obligation, he or she is responsible for any resulting damages.

      2.2. Furthermore, the user is obliged to use the platform only for its intended purpose and to comply with all contractual and legal regulations when using the platform. Any use beyond the purpose of the user relationship is prohibited. In particular, the user is prohibited from:

      -register multiple times on the platform under different identities;

      -disseminate false or misleading claims within the platform;

      -use the platform for advertising or other commercial purposes;

      -threaten, insult, harass, or otherwise violate the rights of other users;

      -violate these Terms and Conditions or applicable law (e.g., copyright and trademark law) when using the Platform;

      -send chain letters or spam messages;

      -to disseminate pornographic, racist, violence-glorifying or trivializing, inciting hatred, right-wing extremist, anti-constitutional, or other content that violates applicable law and morality within the platform.

      2.3. In the event of a violation of the provisions of this section, Arico is entitled to temporarily block the user's account or the sending of electronic messages or to terminate the user relationship extraordinarily. The sanction will depend on the nature, severity, duration, or number of violations and will be selected by Arico at its sole discretion. The term of the user relationship remains unaffected in the event of the blocking of the user account or the sending of electronic messages.

   3. Termination of the contract of use

      Arico and the user are entitled to terminate the user agreement at any time without notice. Contracts between the user and the provider remain unaffected by this termination.

4. – Liability and indemnification

   1. Liability and Indemnity

      1.1. Arico shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body, or health, on the basis of a promise of guarantee, unless otherwise stipulated in this regard, or on the basis of mandatory liability.

      1.2. If Arico negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability is granted in accordance with the above paragraph. Essential contractual obligations are obligations that, according to their content, the contract imposes on Arico in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract in the first place and on the observance of which the contractual partner may regularly rely on.

      1.3. In all other respects, Arico shall not be liable.

      1.4. The above liability provisions also apply with regard to Arico's liability for vicarious agents and legal representatives.

      1.5. The provider/user indemnifies Arico against any claims of third parties, including the costs of legal defense in their statutory amount, asserted against Arico as a result of their unlawful or contractual acts.

5. – Privacy Policy and Final Provisions

   1. Privacy

      Arico treats the personal data of users and providers confidentially and in accordance with the statutory data protection regulations. This data will not be passed on without the express consent of the person concerned or will only be passed on within the framework of the necessary processing of the contract. Further details can be found in the Aricos privacy policy.

   2. Final provisions

      2.1. The law of the Federal Republic of Germany shall apply to the contracts between Arico and the provider/user to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.

      2.2. If the contractual partner is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between Arico and its contractual partner is at the above-mentioned registered office of Aricos.

      2.3. Arico is entitled to amend these Terms of Use for objectively justified reasons (e.g., changes in case law, legal situation, or market conditions) and within a reasonable period of time. Existing customers will be notified of this by email at least two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change, his consent to the change shall be deemed to have been given. If he objects, the changes will not enter into force. In this case, the provider is entitled to terminate the Agreement extraordinarily at the time of the entry into force of the amendment. The notification of the intended modification of these Terms of Use will indicate the deadline and consequences of the objection or its absence.

   3. Legally Mandatory Information on Online Dispute Resolution for Consumers

      The EU Commission provides a platform for online dispute resolution on the Internet at the following link:https://ec.europa.eu/consumers/odr

      This platform serves as a one-stop shop for out-of-court settlement of disputes arising from online sales or service contracts to which a consumer is a party. Arico is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.The e-mail address of the Aricos can be found in the heading of these Terms of Use.

Stand: Oktober 23