TRUSC Platform
Terms & Conditions
last changed 18.10.2024, V1.0
Preamble
Trusc GmbH operates a web-based platform under the domain trusc.com for the purpose of stocktaking and inventorying existing hardware devices of all kinds for the purpose of selling and purchasing them and addresses commercial sellers and buyers as users of the platform. The following Terms of Use and General Terms and Conditions govern the modalities of using the platform as well as the rights and obligations of sellers and buyers as its users.
§1 Scope of the Terms of Use and General Terms and Conditions
These Terms of Use and General Terms and Conditions apply to all users of the platform, irrespective of the type and manner of use, unless otherwise agreed in individual cases by individual agreement or by a separate partner agreement
§2 Definitions
For the purposes of these Terms of Use and General Terms and Conditions, the following terms are defined as follows:
a. “Users”
are natural or legal persons who intend to use the platform to buy or sell products.
b. “Platform”
means the online platform of Trusc GmbH available at https://platform.trusc.com/.
c. “Trusc“
means the operator of the platform, i.e. the company
Trusc GmbH
Lübecker Straße 89, 23843 Bad Oldesloe
d. “Products”
include all goods offered for trade on the platform, in particular used hardware and IT products of all kinds, unless otherwise specified.
e. “Parties”
are the seller and buyer, insofar as they are involved in the initiation, negotiation or conclusion of a purchase contract.
f. ” Sellers”
are “user-sellers” or “dealer sellers” (definitions in g. and h.)
g. “User sellers”
are companies that only sell, dispose of and/or donate their self-used hardware.
h. “Dealer sellers”
are commercial enterprises that resell purchased products of the type described in paragraph 1 via the platform.
i. “Buyers”
are commercial enterprises that intend to purchase products of the type described in paragraph 1, to reuse them (e.g. as dealer-sellers) or, if necessary, to dispose them.
j. “Grading”
means the quality assessment of the Products in accordance with the catalog attached as an annex to these Terms of Use in the current version and version available on the Platform.
§3 Services provided
The platform is primarily intended to facilitate sales contracts for used hardware and IT products of all kinds or contracts for related services such as the proper disposal of such products.
§4 Right of use
The use of the platform for trading the products or providing the services specified in § 3 is intended exclusively for commercial sellers and buyers. Registration and subsequent use by consumers is not permitted.
§5 Service description
(1) The platform enables the initiation and conclusion of sales or service contracts in accordance with § 3 between commercial sellers and buyers.
(2) The provider makes the use of the platform available to registered users for the aforementioned purpose. By means of quality assurance measures in the context of the registration process of new users the platform provider ensure to a certain level that a registration on the platform only takes place if a sufficient degree of reputability and reliability of the respective prospective users is given; nevertheless the provider does not give a legal guarantee for the reputation and creditworthiness of the parties or for the quality, availability of the products or other conditions of purchase or sale.
(3) The platform provider acts as an intermediary between the parties to the purchase contract regarding the selling and buying process. The contract for the products sold via the platform and any related services with all resulting rights and obligations for the parties is concluded solely between the seller and the buyer.
(4) The provider makes a user interface available to registered users, by means of which the required processes and sub-processes typically associated with selling and purchasing in the industry can be mapped and run through (through a user interface optimized for user-friendliness), whereby the process steps are digitally documented for the purpose of verifiability and where the corresponding documentation is made available to the respective users.
(5) The initial stocktaking and inventory of existing hardware devices via the platform’s user interface is an integral part of the platform. This can be done on an easy-accessible quantity or unit basis with the respective device information, supported by corresponding platform functions, to be recorded, stored and mapped in various levels of detail and granularity, as well as continuously edited and/or supplemented (asset management).
§6 Registration and user account
The platform can be used in three different ways:
1. Simple use
requires initial registration. The name, or in the case of legal entities, the company name and the name of the authorized representative, an e-mail address and a password must be provided. At the same time as registering, the user agrees to the Terms of Use and assures that the information provided is true and up to date. By simply using the platform, the user merely gains access to the platform without the possibility of concluding contracts via the platform. After successful registration the user receives a user account.
2. Registration as a seller
is limited to businesses within the meaning of § 14 of the German Civil Code (Bürgerliches Gesetzbuch – BGB). By registering as a seller, the user gains the opportunity to sell products via the platform. Registration takes place following a request to customer support and verification of the requirements in § 5 (2).
Trusc expressly reserves the right to carry out a registration only after prospective users provide sufficient supporting evidence in the form of documents. After successful registration, the user receives a user account. There is no legal entitlement to registration.
3. Registration as a buyer
is restricted to businesses in the aforementioned understanding (cf. § 6 (2)). By registering as a buyer, the user gains the opportunity to purchase products via the platform. Registration takes place following a request to Customer Support and verification of the requirements set out in § 5 (2). The provisions of § 6 (2) apply accordingly.
Furthermore, the conclusion of the partner contract with Trusc is a prerequisite for activation and registration as a buyer. The partner contract will be sent to the potential buyer after his documents have been checked. After successful registration, the user receives a user account.
Each company, regardless of whether it is registered as a simple user, buyer or seller, can only activate/register one user account on the platform. Buyers can use one and the same account to act as a buyer or as a trader-seller.
§7 Costs of using the platform
a. User seller
The use of the platform by user-sellers is generally free of charge.
However, they may incur costs as part of the facilitation-process if no purchase contract is concluded after delivery or collection of the goods by the buyer. These costs are calculated based on the return shipping costs incurred, half of the commission fee and other costs. Further details are regulated in § 9d. There are no costs for listing products.
b. Buyers and dealer sellers
The costs of using the platform for buyers and merchant sellers depend on the individual partner contract concluded.
c. Additional fees
Trusc reserves the right to charge additional fees for certain services or transactions.
§8 Principles of use; rights and obligations
a. Compliance with platform rules and laws:
Users are obliged to comply with the platform’s Terms of Use and the applicable laws. This also applies to the sales contracts to be concluded.
b. Ethics and integrity:
Users must engage in ethical business practices, maintain honest and transparent business relationships on the platform and refrain from unfair competitive practices.
c. Confidentiality:
The information received via the platform must be treated confidentially. It is strictly forbidden to pass on product information and contact information received to user sellers or buyers. A breach of this obligation entitles Trusc to assert claims for damages, possibly in the form of lost transaction fees, and to block the platform for the user concerned.
d. Cooperation in the event of disputes:
Users are obliged to cooperate with the platform in the settlement of disputes or the punishment and monitoring of violations.
e. Malfunction:
In the event of technical issues on the platform, these must be reported immediately to customer support. Trusc will do its best to solve the problem as quickly as possible. Nevertheless, there is no legal entitlement to the error being rectified.
f. Liability for account data:
Users are responsible for the confidentiality of their account access data. The disclosure of access data to unauthorized third parties is prohibited. The user is liable for any damage caused by unauthorized use of the platform with their account access data.
g. Data protection responsibility:
Users of the platform are responsible for taking all necessary measures to ensure compliance with the General Data Protection Regulation (GDPR) and all other relevant data protection laws in their respective area of activity. This comprehensive obligation relates to the protection of personal data that they collect, process or store when using the platform. In particular, this includes the implementation of appropriate technical and organizational measures to ensure an adequate level of data protection. This includes the protection of data against unauthorized access, loss, destruction or damage. In addition, users must ensure that all persons who have access to personal data under their supervision maintain the confidentiality of this data. Further details can be found in the platform’s data protection provisions.
h. Platform operator’s right of inspection
Trusc is entitled to review the accounts and offers of users and their compliance with the Terms of Use and General Terms and Conditions at any time. This review includes:
– the information and documents provided by users with regard to their accuracy and completeness.
– The control of all documents posted on the Platform in connection with the purchase or sale of goods or services, including, but not limited to, contracts, invoices and delivery documents.
– Verifying compliance with all specific requirements and guidelines set forth in the Terms of Use, including compliance with data protection regulations and the avoidance of fraudulent or unfair business practices.
Trusc further reserves the right to demand transparency from users regarding their business activities on the platform. This includes:
– The provision of evidence of the fulfillment of all legal and contractual obligations in connection with the goods or services offered.
– The disclosure of information about any third parties contractually involved in the process of buying or selling goods or services to the extent necessary for verification. If required, redaction of certain documents or, in individual cases, inspection by an independent third party may be indicated if business and trade secrets are affected.
The review of accounts and offers may take place without prior notice and includes the possibility of gaining access to user accounts, reviewing offers and, if necessary, removing them if they violate the Terms of Use and/or the General Terms and Conditions.
If violations of the Terms of Use and/or the General Terms and Conditions are detected or if the transparency requirements are not met, the platform operator is entitled to take appropriate measures. These measures may include blocking the user account, removing offers or taking legal action.
Users are obliged to cooperate with all inspections by the platform operator and to provide all requested information and documents in a timely manner.
By using the platform, users agree to these review and transparency rights of the platform operator and agree to fully cooperate to ensure compliance with the Terms of Use.
Should a party fail to comply with the request to submit the required documents and the content of the contract, they will become liable to Trusc for a contractual penalty in the amount of the transaction fee based on the buyer’s initial offer. Trusc reserves all other rights arising from the failure to provide the required documents and the content of the contract.
Trusc’s further rights of review in the partner contracts concluded individually with the buyers remain unaffected.
Trusc is obliged to maintain absolute confidentiality about all business matters, processes and circumstances of the users that become known to Trusc in the exercise of the right of review regulated here.
§9 Sales process via the platform
a. General principles for listing products for sale:
Sellers (user-sellers and dealer-sellers) are obliged to provide truthful and sufficiently precise information when creating offers on the platform in order to make the process as smooth and uncomplicated as possible. This includes the exact description of the products for sale, the specific quantity of the products offered and a detailed assessment of their quality, whereby this assessment is made by the seller to the best of their knowledge and belief. This quality assessment must be made strictly in accordance with the grading catalog provided by the platform (see § 2 j.). The grading catalog, which is an integral part of these Terms of Use and is made available to sellers via the link provided, defines binding quality levels. The seller is bound by this grading catalog in its assessment of the quality of the products it offers. All this is subject to the fact that user-sellers in particular are not necessarily expected to have in-depth technical and market knowledge of the products offered.
b. Obligation to update in the event of changes:
Sellers are required to constantly update their information on the platform to reflect current circumstances and knowledge, so that any changes to the products offered – whether by increasing or decreasing the quantity of products or by making adjustments to the quality rating based on a new assessment or due to errors in the initial assessment – must be communicated on the platform without delay. This obligation to update also includes all other changes that affect the information originally provided on the offer in order to ensure that the information presented on the platform is always up-to-date and accurate.
c. Binding nature of the information and sanctions in the event of non-compliance:
The information provided by sellers on the platform is binding with regard to the basic intention to sell these products and forms a reliable basis for the possibility of the conclusion of sales contracts between users. Trusc reserves the right to impose appropriate sanctions in the event of violations of the requirements set out in these Terms of Use and General Terms and Conditions – including, but not limited to, the accuracy and timeliness of the offer information. These range from a request to correct the information to the temporary or permanent blocking of the user account, depending on the severity of the violation.
d. Decision deadlines and the buyer’s obligation to accept:
If a buyer decides to request a product offered by a seller in accordance with § 10 below, this shall be deemed an offer to accept the products subject to the proviso that the quantity and quality of the products correspond to the seller’s specifications. If upon delivery it becomes
apparent that the actual quantity and/or the actual quality of the products deviate from the seller’s specifications, the buyer shall continue to be bound by its offer to take over the products. However, he shall be entitled to adjust his offer in accordance with the actual quantity and/or the actual quality of the products offered. This adjusted offer must be communicated to the seller immediately. The seller then has the right to accept or reject this adjusted offer. If the seller rejects the adjusted offer and a purchase contract is not concluded as a result, the costs incurred for the return delivery of the products and other costs shall be divided equally between the buyer and the seller. This explicitly includes the commission fee incurred by the buyer, half of which is to be borne by the seller. The buyer will issue an invoice to the seller for half of the commission costs, which must be paid within 14 days.
e. Right to remove offers:
Trusc reserves the right to remove offers from the platform that violate the defined Terms of Use, quality standards or information obligations. This right includes the removal of offers without prior justification, if they jeopardize the integrity and trustworthiness of platform transactions. Sellers whose offers have been removed may be temporarily or permanently excluded from the possibility of posting further offers.
§10 Contracts between the parties
The presentation of products on the platform by the seller merely constitutes an invitation to submit offers by the buyers and cannot be considered as a legally binding offer. If a buyer decides to inquire about a product offered by a seller, this shall be deemed a binding offer to purchase, subject to the seller and buyer agreeing on the sales price and/or the price of the service to be provided (cf. § 9 d). Buyers are obliged to adhere to their submitted, possibly adjusted offers, insofar as these are accepted by the seller. The provisions of § 9 shall apply accordingly. There are three possible cases:
a. Contract for the purchase of products
The buyer purchases the products from the seller for commercial resale. The conclusion of the contract takes place after delivery of the products to the buyer and mutual agreement on the actual grading and the price, based on the purchase contract concluded between the parties. The buyer shall be given a period of 5-10 working days after receipt of the goods to inspect the products and to name a final purchase price, unless there are circumstances that hinder him to do so that do not originate from the buyer’s sphere. In this case, the buyer may request a reasonable grace period of no more than a further 10 days within the above-mentioned period, within which an adjusted offer can be submitted unless the parties do agree on a different deadline. The seller then has 5 working days to accept the buyer’s offer.
The purchase contract for the products offered is concluded exclusively between the seller and the buyer. Trusc is not a party to this contract and assumes no liability for the creditworthiness of the contractual partners or the quality of the products sold. At least the following points must be regulated in the contract:
– The Terms of Use of the Platform and the General Terms and Conditions shall also apply in the relationship between the contracting parties, insofar as this is relevant.
– The exclusion of claims based on material defects, quality guarantees or other assurances regarding the quality and freedom from defects of the products sold, in accordance with the agreement on the actual grading.
– The obligation of both parties to document and submit the contents of the contract and the delivery bill to Trusc, including the type, quantity, grading of the products sold and the agreed price within a period of seven working days after conclusion of the contract.
Trusc will provide the buyer with sample texts of corresponding contractual provisions. The parties are free to make further agreements as long as these do not contradict the Terms of Use of the platform or the model contract.
b. Contract for the disposal of products
If the seller already offers the products for disposal himself or if it turns out upon delivery that the products are no longer saleable and can only be disposed of, the buyer is bound by his offer to accept the products and, applying the provision under a. accordingly, is obliged to quote the seller a standard market price for the disposal service. If the seller has already offered the products for disposal himself, the buyer submits a binding offer for disposal via the platform, also stating the price demanded for this. The contract is then concluded when the seller accepts this offer.
If it only becomes apparent upon delivery of the products that they can only be disposed of, the buyer shall be given a period of 5-10 working days after receipt of the goods to quote a final price for disposal unless the parties do agree on a different deadline. The seller has 5 working days to accept this offer. If only part of the products are to be disposed of and the other part is still suitable for resale, the provisions under a. and b. shall apply accordingly.
c. Donation of products
If the seller wishes to donate the products, the buyer shall submit an offer to purchase the products in accordance with the provisions under a. above. In this offer, the buyer shall specify the number of products offered by the Seller that it wishes to keep and resell for its own account to obtain appropriate remuneration for its service and the number that it wishes to pass on as a donation from the Seller. The conclusion of the contract takes place after delivery of the products to the buyer and mutual agreement on the actual grading and the number of products that the buyer wishes to keep and resell. The buyer is given a period of 5-10 working
days after receipt of the goods to inspect the products and to name a final number of products for resale unless the parties do agree on a different deadline. The seller has 5 working days to accept this offer.
§11 Exclusion of liability
Trusc performs a review of documents submitted by users to confirm their validity and authorization to complete transactions on the platform. Despite these reviews, Trusc accepts no liability for the actions or omissions of users, whether inside or outside the Platform. In particular, no liability is assumed for the persons acting, their reputability and creditworthiness, for the accuracy of the information contained in the offers, the actual availability, quantity, condition or other characteristics of the products put up for sale. Trusc also disclaims any warranty for the quality or completeness of the products offered on the platform.
Furthermore, Trusc clarifies that the platform is exempt from all third-party claims that may arise through the fault of a user. Liability for damages resulting from the use of the platform is only assumed if these damages are due to intent or gross negligence on the part of Trusc. Any liability for lost profits, consequential damages, indirect damages, loss of value of the brand or business, frustrated expenses or similar costs is expressly excluded.
Furthermore, Trusc assumes no responsibility for the content of offers posted by sellers and buyers or for the processing of transactions between users of the platform. Even in the event of Trusc exercising its right to terminate, suspend or delete user accounts, Trusc’s liability for the aforementioned points is excluded. By using the platform, users acknowledge these Terms of Use and agree to indemnify Trusc against any claims arising from their negligence against third parties.
§12 Restriction of use and blocking
The platform reserves the right to take appropriate measures against a user’s account in the event of serious or repeated violations of the Terms of Use, general terms and conditions, guidelines or requirements of the platform. These measures include the possibility of temporarily or permanently blocking a user account.
In addition, if a user does not comply with the requests to submit or update their documents or if they violate the guidelines, general terms and conditions or Terms of Use of the platform, Trusc may restrict the use of the user account in question. Such a restriction could, for example, mean that the user is excluded from advanced functions of the platform and only has access to the functions of a simple user.
These measures serve to protect the integrity and security of the platform and all its users. They ensure that the platform remains a trustworthy place for trading where the rules and regulations are observed by all participants.
§13 Termination of use
The platform allows the user to delete their account at any time, unless otherwise stipulated in an existing partner contract. Any existing payment claims on the part of the platform against the user shall not be affected by the deletion of the account. In the event of a deletion request, the platform reserves the right to demand appropriate proof of the user’s authorization to delete the account.
For further use/processing/archiving of the data by the platform, see the privacy policy.
§14 Copyright
All content published on the platform, including texts, images, videos and other media, is subject to copyright protection. The use of this content by users is only permitted if it is in accordance with the platform Terms of Use and the General Terms and Conditions. It is the responsibility of users to ensure that they have the necessary rights to the content they create and post on the platform. The platform accepts no liability for copyright infringements, or any resulting damage caused by the actions of users.
By using the platform, users acknowledge that they indemnify Trusc against all claims, lawsuits or demands that could be asserted due to copyright infringements. Furthermore, Trusc reserves the right to remove or block access to content that infringes copyright without prior notice. In the event of repeated breaches of copyright, Trusc also reserves the right to take legal action against the users concerned in order to enforce compliance with the copyright provisions.
§15 Customer support, evaluation
Customer support is available for inquiries at
customer-care@trusc.com.
The parties are asked to evaluate the other party after the transaction has been successfully completed. Trusc will provide an evaluation portal for this purpose. There is no obligation to evaluate.
§ 16 Right to cite references
By registering in accordance with § 6, each user of the platform gives Trusc the right to name him as a reference customer after a transaction has been successfully carried out via the platform. This consent may be revoked at any time.
§17 Final provisions
The validity of the terms and conditions listed here shall remain unaffected even if individual provisions are partially invalid. Should any provisions of these Terms of Use and General Terms and Conditions be or become invalid, they shall be replaced by provisions that come as close as possible to the originally intended purpose.
Trusc expressly reserves the right to engage third parties to provide its services.
Users may only offset claims against Trusc if these claims are undisputed, have been legally established or have been expressly recognized by the platform.
The place of jurisdiction for all present and future claims arising from the business relationship between Trusc and the users shall be the District Court of Lübeck, as far as legally permissible. The contractual relationship between the users and Trusc shall be governed exclusively by the law of the Federal Republic of Germany.
last changed 18.10.2024, V1.0
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