General terms and conditions
§ 1 Scope of application
The platform provided by Sonix may only be used by commercial enterprises (business people within the meaning of §§ 1 and 2 HGB). This usage includes the verification and brokerage of agreements relating to the purchase of products and services offered on the platform provided by Sonix. The general terms and conditions are part of the current as well as all future transactions and contracts and are considered acknowledged and accepted by the user once the corresponding click/confirmation has been made during the registration process.
As far as individual agreements are concerned, these must be made in writing and require the express acceptance of Sonix.
§ 2 General service description
Sonix provides its platform to facilitate contact between sellers and buyers, contract negotiations and the trading of components offered for sale on the platform. Sonix is merely an intermediary; purchase agreements come into being only between the providers and would-be buyers who use the platform. Sonix does not have any control over the size, quality or seriousness of the brokerage-seeking companies or their products. In particular, Sonix is not liable for defects in the purchase items or flaws in the contract. Where Sonix appears on the platform as a dealer, the GTC's meaning applies both for and against it.
Sonix offers its services solely to registered customers and is not liable for the success or otherwise of the contractual negotiations but only for the proper provision of the offers on the platform.
Sonix will broker the offers between would-be buyers and sellers, i.e. it will pass on the offers without delay.
Sonix makes its platform available only to registered users. For their part, users must fill out the relevant fields properly and in full. Sonix reserves the right to exclude users at its own discretion without giving any reasons and without incurring any liability. Such an exclusion may occur at the registration stage or at any other time during the company's use of the platform. If the user's account is blocked and/or terminated by Sonix, this does not imply any right to compensation for the user.
The users of the platform declare that all data and information they handle and all trades they effect will be in their own name and that they will not pass on any information to third parties.
Any changes to their personal data or to their product data must be passed on to Sonix immediately by the user or the relevant changes made by the user themselves. PINs, passwords and the like may only be used by the user and must not be passed on to any third parties.
§ 4 Conclusion of a contract between users
As soon as the registration process has been completed and the necessary customer profile created as well as the account approved by Sonix, the user will receive all the documentation they need to use the platform. At the same time, the user will be able to view the table of costs for Sonix' activities. This table of costs can be adjusted and modified by Sonix to meet current circumstances and automatically becomes part of the contract. The user has the option of viewing the current table of costs before and during the placement of their offer. The duration of the contract after registration is open-ended and can be terminated at any time either in writing or online.
If, at the time of the termination of a contract, Sonix is entitled to receive commission, this entitlement shall remain in place.
Similarly, where subsequent transactions are effected after termination, the commission entitlements on the part of Sonix shall also remain valid.
§ 5 Commission and tables of cost
Sonix charges commission for its services as per the table of costs shown under § 4. If a deviation from this table of costs is agreed, this must be agreed to in writing and approved by Sonix.
This commission becomes payable upon fulfilment of the purchase agreement between the users. The agreement is considered fulfilled and the obligation on the part of the seller to pay the commission comes into effect if, within one week of the originally planned fulfilment deadline, the seller has not informed Sonix Solar GmbH in writing that (and if so, why) the contract has not yet come into being. In such instances, the burden of proof is on the seller, even if the burden of proof is reversed in a legal dispute.
If a legally effective contract is concluded and if this, for whatever reason, is later phased out, rendered ineffective or is unfulfilled, this does not give any entitlement to commission on the part of Sonix.
For subsequent transactions, an entitlement to commission on Sonix' part shall be considered agreed provided this agreement has been concluded within one year of the conclusion of the original contract. For determining the date, the date of confirmation of the order or the date of the actual purchase agreement shall apply. The commission amount can be viewed at any time on the online platform.
§ 6 The user's obligations
Would-be sellers place their offers on the platform without obligation. All information provided which is necessary for the subsequent conclusion of the purchase agreement must be truthful and complete. The would-be seller bears sole responsibility for the content, the legal and factual background and all other information relevant to the offer. Furthermore, the seller is obliged not to violate the patents, brands or other rights of any third-party persons or companies.
By acknowledging these GTC, the would-be seller confirms that they are in possession of all the rights, licenses, etc. relevant in connection with the items being offered for sale.
If, for whatever reason, the offer does not exist any more, it must be promptly deleted and/or updated by the would-be seller.
The would-be buyer / searcher makes their request by placing a search ad or by sending a request in relation to an existing offer. When doing so, they must mention all the relevant specifications. If they intend accepting an offer, Sonix must provide them with the necessary documentation.
The purchase agreement then comes into being between both users of the platform, without Sonix being involved or liable in any way.
Any details, personal data or other information which the user becomes aware of from their contractual negotiations may not be passed on to any third parties or used in any way other than that intended by the platform system.
§ 7 Database entries
Sonix Solar is entitled, without having to explain itself and without being in any way legally liable, to remove existing offers from the database, reject new offers or put an end to business relationships if it has good reason for doing so. Grounds for such action include, in particular, instances where Sonix becomes aware of the user engaging in illegal activities (regardless of who the victim is), existing or imminent legal disputes, inability to pay, etc.
It is also possible that a user will be blocked from the platform if claims are made against Sonix in relation to the user in question.
§ 8 Requests for information
In cases where Sonix is requested by a third party to provide information in relation to an offer placed by a user, the company is authorised and entitled to pass on the information saved on the user to this claimant, in order to avoid any disclosure complaints etc. being made.
§ 9 Limitation of liability
Sonix shall not be held liable for the content, accuracy or completeness of any information or other available data made accessible to users on its website.
Sonix shall not be held liable for any damages resulting from the conclusion of a contract between users of the platform, in particular for non-delivery or delayed or damaged delivery of the purchase item.
Errors resulting from faulty data transfer, data losses or other data-related problems shall not constitute any liability on Sonix' part. This excludes damages resulting from deliberate or gross negligence on the part of Sonix' employees or agents.
As a rule, the assertion of collateral damages is ruled out.
Similarly, damages resulting from Sonix Solar GmbH hardware and software are also ruled out.
§ 10 Place of jurisdiction and applicable law
For the contracts concluded here, German law shall apply, in particular the "Bürgerliches Gesetzbuch” (German Civil Code) and the "Handelsgesetzbuch" (German Commercial Law Code).
The place of fulfilment and jurisdiction for all disputes relating to Sonix is Frankfurt.
§ 11 Severability clause, changes to the GTC
SIf individual provisions within this agreement should become legally void, either in full or in part, this shall not affect the legality of the contract or the GTC as a whole. Moreover, the parties concerned shall make every effort to replace the void provisions with valid ones, with the meaning of the original clause being replicated as closely as possible in the new clause.
Sonix reserves the right to amend the GTC at any time. The users must be informed of this in order for the changes to be effective. These users have the option of objecting to the use of the new GTC within a period of 14 days.
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Last update: 10/2010