you are here:

Homeabout recyclingplatformGeneral Terms of Use

General Terms of Use of recyclingplatform GmbH for the use of the division Network

Status: 1st May 2022

Preliminary remarks

recyclingplatform GmbH, with its registered office in Bremen, registered with the Bremen Register Court under number HR B 27402, hereinafter referred to as "recyclingplatform" or the "operator", operates a website under the name recyclingplatform.com. The general information offered on this website, including the possibility of creating advertisements and other articles, is hereinafter referred to as the "recyclingplatform Network". These General Terms of Use contain basic regulations for the use of recyclingplatform Network.

In addition to the division recyclingplatform Network, there is also a business division called "recyclingplatform Exchange". There are separate terms and conditions for the division recyclingplatform Exchange which do not form part of these General Terms of Use.

Any terms and conditions of the user that deviate from these General Terms of Use shall not apply unless they have been confirmed in writing by recyclingplatform.

Registration as a user of recyclingplatform Network is intended for companies, institutions and freelancers who are not consumers within the meaning of German or European consumer protection law. Therefore, there are no cancellation instructions.

§ 1 Description of services and creation of the advertisements

1.     With the recyclingplatform Network, recyclingplatform provides an online service through which the registered user can create and publish offers and requests consisting of text and images (hereinafter referred to as "advertisements") as an advertisement creator and view advertisements published by other users as an interested party.

2.     recyclingplatform Network serves to publish advertisements and to provide the opportunity for contact between the ad creators and potential interested parties. recyclingplatform itself is neither a provider of the respective services and products advertised with the advertisements nor a broker within the meaning of the German Commercial Code (HGB). In the area of the recyclingplatform Network, recyclingplatform is also not a broker in the meaning of the German Recycling and Waste Management Act (KrWG).

3.     recyclingplatform displays the user name of the ad creator in the ads, as well as the contact details provided by the ad creator. On the overview page of a user, recyclingplatform displays additional information about the user and his activities on recyclingplatform.

4.     recyclingplatform publishes the ad creators' ads on recyclingplatform.com itself for all visitors and registered users. recyclingplatform also promotes its own articles and the ads posted on the recyclingplatform Network by users through third parties, for example by including the ads or extracts thereof on websites, within software applications, in e-mails, in print marketing campaigns or in other media. recyclingplatform also allows third parties to promote their offers and services via recyclingplatform Network. recyclingplatform may also provide third parties with access to the ads and articles published via recyclingplatform Network to support these activities, for example via affiliate marketing. The user authorises recyclingplatform to use his/her advertisements as described above for the purpose of promoting and increasing the range of recyclingplatform Network.

§ 2 Registration, user account

1.     recyclingplatform Network requires the user to register with recyclingplatform Network in order to be able to achieve full use of recyclingplatform Network, in particular to post advertisements, to display certain contact details of advertisers and to create further articles. A prerequisite for registration is that the user is a company, an institution or a freelance professional. Consumers in the meaning of German and European consumer protection law can access much of the content of recyclingplatform.com, but are not permitted as registered users of recyclingplatform Network.

2.     The user is obliged to truthfully and completely provide the data collected during the registration process of recyclingplatform. In the event of a change of data after registration, the user is obliged to update the data immediately in the password-protected user area of the recyclingplatform Network or to notify recyclingplatform by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it.. The user is also obliged to notify recyclingplatform by e-mail of any changes to the data.

3.     By submitting the registration form, the user makes an offer to conclude a user agreement with recyclingplatform Classifieds. In order to complete the registration, the user must call up the link provided with the confirmation e-mail and thus verify his e-mail address. The administrators of recyclingplatform will then check the data provided. If the requirements for use are met, the administrators will then activate the user for use of the recyclingplatform Network. With the activation and the first login of the user at recyclingplatform.com, a contract for the use of recyclingplatform Network (hereinafter "user contract") is concluded between recyclingplatform and the user. There is no entitlement to the conclusion of a user contract.

4.     Upon successful registration, a user account is created for the user, which the user can access using his/her e-mail address and the password selected during registration. The password can be changed by the user at any time via the password-protected user area. It must be kept secret by the user and protected from access by unauthorised third parties. If the user discovers or suspects that his access data is being used by a third party without authorisation, he must inform recyclingplatform immediately and change his password without delay.

5.     Each user may only register once with the recyclingplatform Network for commercial, institutional or freelance use of recyclingplatform Network. Independent branches or sub-organisations may create separate user accounts with their own user name. User accounts are not transferable.

6.     recyclingplatform may make the use of certain functions and areas of recyclingplatform Network or the extent to which individual functions can be used dependent on the fulfilment of additional requirements, e.g. the provision of additional data, a check and verification of the user's data, the duration of use, the type of use (commercial/institutional/freelance), the user's previous payment history for special services subject to payment and/or the submission of certain proof.

§ 3 Conclusion of advertisement and service contracts

1.     Once the user has successfully registered with the recyclingplatform Network, he has the option of creating his own Advertisements free of charge via the recyclingplatform Network and publishing them in the recyclingplatform Network area. recyclingplatform reserves the right to publish Advertisements in certain categories only against payment of a fee. Independently of this, recyclingplatform reserves the right to limit the number of ads published free of charge by a user within a certain period of time and to offer the publication of additional ads only against payment of a fee. The user has the option to select and book certain additional services for which a fee is charged when placing an advertisement or to book such additional services for which a fee is charged even after publication of an advertisement. recyclingplatform Network may offer services with special benefits or conditions for certain user groups and/or in certain categories.

2.     By entering the advertisement data, selecting additional services for which a fee may be charged, or selecting the desired service package and submitting the corresponding form, the user makes a binding offer to recyclingplatform Network to conclude a contract for the temporary publication of the advertisement (hereinafter "advertisement contract") or a service (hereinafter "service contract") in the recyclingplatform Network area. The process can be cancelled at any time before the form is submitted by closing the browser window.

3.     recyclingplatform Network can accept the offer to conclude an advertisement contract either by a separate declaration to the user or by activating the advertisement. Upon recyclingplatform's acceptance of the offer, the advertisement contract or the service contract is concluded. recyclingplatform Network is not obliged to accept contractual offers from the user.

4.     The advertisement data will be stored electronically. The user can manage his advertisements in the password-protected user area ("My Account") of recyclingplatform Network, and in particular delete them there. The text of the advertisement contract or the service contract will not be stored separately. However, the user can retrieve these Terms of Use, which form the basis of the advertising contract or the service package contract, at any time via the recyclingplatform Network website and subsequently save them in reproducible form.

5.     Once an advertisement contract has been concluded, an advertisement can usually be found immediately after it has been activated via the relevant submenu item or with the help of recyclingplatform Network's search functions.

6.     In the event of invoicing for services, this shall be done exclusively by electronic means.

§ 4 Content requirements for posted advertisements

1.     The user is required to place each advertisement in the appropriate category and to describe his offer truthfully and with all relevant features and characteristics in words and, if possible, also with meaningful pictures.

2.     The user is only entitled to create an advertisement if he/she publishes it in the exercise of his/her commercial, institutional or independent professional activity.

3.     The placement of advertisements, texts, images or other content that violate general legal provisions, these Terms of Use, the rights of third parties or common decency is prohibited. In particular, it is prohibited to post content and images,

-that violate copyright, trademark or competition law regulations or

-contain untrue information or are otherwise misleading.

4.     users who use the recyclingplatform network as commercial suppliers or customers of secondary raw materials or disposal services are subject to the special legal provisions of waste management law. Further information on this can be found under the menu item legal. recyclingplatform Network accepts no responsibility for the completeness and up-to-dateness of the provisions linked there.

§ 5 Special obligations of the user

1.     The user is obliged to refrain from all actions that could jeopardise the secure operation of the recyclingplatform Network or inconvenience other users or that otherwise go beyond the intended use of the recyclingplatform Network. In particular, he is obliged to refrain from,

-sending e-mail advertisements, SMS advertisements, chain letters or other harassing content,

-send viruses or other technologies that could damage the recyclingplatform Network or the interests or property of other users,

-subject the recyclingplatform Network infrastructure to excessive load or otherwise interfere with or jeopardise the functioning of the recyclingplatform Network,

-reproduce, edit or otherwise use recyclingplatform Network content in a way that goes beyond the intended use of recyclingplatform Network without recyclingplatform's prior consent.

-reproduce, make publicly available, distribute, edit or otherwise use in a way that goes beyond the intended use of the advertisement on recyclingplatform Network or other content of third parties without their prior consent.

-collect information, especially email addresses or phone numbers, about other users without the users' prior consent,

-to circumvent measures designed to prevent or restrict access to recyclingplatform Network.

2.     the user is obliged to save and archive on his own storage medium all data and information stored within recyclingplatform Network that he currently needs or might need for purposes of preserving evidence, record keeping or for other purposes.

§ 6 Deletion of advertisements, blocking of users, other measures

1.     recyclingplatform Network is entitled to delete in whole or in part Advertisements or other articles posted by the user on recyclingplatform Network, or to delay or not publish Advertisements or other content posted by the user, if there are concrete indications that the Advertisement or content violates these Terms of Use or legal requirements, or that the user has otherwise culpably violated contractual obligations. recyclingplatform Network may also warn the user in such a case and/or temporarily or permanently exclude the user from using recyclingplatform Network.

2.     recyclingplatform Network also reserves the right not to publish ads or to remove ads from recyclingplatform Network where there are indications that the service is offered in an illegal manner or where there are indications that the ad is or has been placed for abusive purposes. recyclingplatform also reserves the right to exclude advertisements for certain categories or services from an advertisement and to remove corresponding advertisements if these categories are typically advertised for abusive purposes or if it is to be feared that waste law provisions could be violated.

3.     if a user has been excluded by recyclingplatform from using recyclingplatform Network or if the user agreement with the user has been terminated, the user may no longer use recyclingplatform Network, even with other user accounts, including user accounts created for third parties, and may not sign up again for registration with recyclingplatform Network.

4.     recyclingplatform is entitled to restrict or terminate the provision of recyclingplatform Network in whole or in part and to delay the publication of advertisements or other content by users if this is necessary with regard to capacity restrictions, the security or integrity of the servers or for the implementation of technical measures, or if this serves the proper or improved provision of the services (maintenance work).

§ 7 Fees

1.     recyclingplatform charges fees, such as banner advertising, for certain services provided in connection with the recyclingplatform Network and for the use of certain recyclingplatform Network functions. recyclingplatform will expressly inform the user of the chargeable nature of the service and of the amount of the charges incurred prior to each booking of a service for which a fee is charged.

2.     recyclingplatform's prices for the provision of its own services within the recyclingplatform Network are quoted in euros and include the statutory value-added tax. 3.

3.     agreed fees are due for payment immediately and can be paid via the means of payment accepted by recyclingplatform, such as paypal.

§ 8 Liability of recyclingplatform

1.     the advertisements and other articles of users published on the recyclingplatform Network do not reflect the opinion of recyclingplatform and are not checked by recyclingplatform for their legality, accuracy and completeness. recyclingplatform does not guarantee the accuracy and completeness of the information contained in the advertisements, nor does it guarantee the quality, safety or legality of the services and products offered by users.

2.     recyclingplatform is liable in accordance with the statutory provisions for intent and gross negligence on the part of recyclingplatform, its legal representatives, executive employees or other vicarious agents. The same applies to the assumption of guarantees or any other assumption of strict liability as well as to claims under the Product Liability Act or in the event of culpable injury to life, limb or health. recyclingplatform is also liable on the merits for simple negligent breaches of essential contractual obligations caused by recyclingplatform, its representatives, executives and other vicarious agents, i.e. obligations on the fulfilment of which the user regularly relies and may rely for the proper performance of the contract, in this case, however, limited to the amount of the typically arising, foreseeable damage. Any further liability on the part of recyclingplatform is excluded.

3.     Insofar as recyclingplatform's liability is closed or limited, this shall also apply in favour of the personal liability of its legal representatives, executive employees and other vicarious agents.

§ 9 Liability of the user

1.     The user shall indemnify recyclingplatform against all claims made against recyclingplatform by other users or other third parties on the grounds of an infringement of their rights by advertisements and other articles posted by the user on the recyclingplatform Network or on the grounds of the user's other use of the recyclingplatform Network. In such cases, the user shall bear the costs of recyclingplatform's necessary legal defence, including all court costs and lawyers' fees in the statutory amount. The right to indemnification does not apply if the user is not responsible for the infringement. 2.

2.     in the event of a claim by a third party, the user is obliged to provide recyclingplatform, upon request, without delay, truthfully and completely with all information necessary for the examination of the claims and a defence against them.

3.     Any liability of the user beyond the scope of these provisions shall remain unaffected.

§ 10 Termination of the user contract

1.     Unless otherwise agreed, e.g. within the framework of a service contract, the user may terminate the user contract in text form at any time without observing a period of notice. To do so, it is sufficient to send a notice of termination by e-mail to the administrators of recyclingplatform (This email address is being protected from spambots. You need JavaScript enabled to view it.) or by post to: recyclingplatform GmbH, Ellener Dorfstraße 23, D-28325 Bremen. In the event of termination during an ongoing chargeable additional service, there is no entitlement to (pro rata) repayment.

2.     recyclingplatform may terminate the user agreement at any time with 14 days' notice to the end of a calendar month. If an agreement has been concluded between the user and recyclingplatform regarding a fee-based additional service with a specific term, and if the agreed term does not end until after the point in time specified in sentence 1, recyclingplatform may only terminate the agreement by giving 14 days' notice to the end of the agreed term of the additional service. The user may not book any new services from recyclingplatform from the date of receipt of a termination notice issued by recyclingplatform. recyclingplatform's right to delete individual advertisements, to block users and to carry out other measures in accordance with § 6 as well as the right to terminate the contract without notice for good cause shall remain unaffected.

3.     Upon termination of the user agreement, all running ads of the user will be removed from the recyclingplatform Network and the user's user account will be deactivated. The user account and all stored user data will be deleted no later than six months after termination of the contract. This does not apply to data that recyclingplatform is legally obliged to store or that recyclingplatform has a legitimate interest in storing, e.g. to prevent re-registration after a justified blocking.

4.     recyclingplatform also reserves the right to irrevocably deactivate user accounts with incomplete registration data and user accounts that have been inactive for a period of at least 12 months.

§ 11 Data protection

Detailed information on the collection, processing and use of the user's personal data in connection with registration, the execution of the User Agreement and the use of recyclingplatform Network can be found in recyclingplatform's Privacy Policy.

§ 12 Changes to the Terms of Use

The following applies to changes to these Terms of Use: recyclingplatform may propose changes to these Terms of Use to the user at any time. Amendments to these Terms of Use will be offered to users in text form (e.g. by e-mail) no later than 30 days before the proposed date of their entry into force. The user shall be deemed to have given his consent if he does not notify recyclingplatform in text form of his rejection before the proposed date on which the changes are to take effect. If the user does not agree with the changes, he has the right to terminate the contract without notice and free of charge until the proposed date of entry into force of the changes. recyclingplatform will also specifically inform the user of the right to reject the changes, the deadline for doing so and the possibility to terminate the contract in the message with which the changes are offered. The amended terms of Use shall additionally be published on recyclingplatform's website.

§ 13 Choice of law, place of jurisdiction, consumer arbitration

1.     The Terms of Use, the user Agreement and all agreements based thereon between recyclingplatform and the user shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. If, by way of exception, the user is actually acting as a consumer, even if registration as a consumer is not provided for, the mandatory consumer protection provisions that apply in the state in which the user has his or her habitual residence shall also apply, insofar as these provide the user with more extensive protection.

2.     If the user is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Bremen shall be the exclusive place of jurisdiction for all disputes arising from the contract of use and the agreements based on it. The same applies if the participant moves his residence abroad after conclusion of the contract or has no general place of jurisdiction in Germany. For users who are in fact consumers, the place of jurisdiction is the respective domicile of the user. For all disputes arising from the contract of use and these terms of use, the additional place of jurisdiction for consumers is Bremen.

3.     recyclingplatform Network is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 para. 1 no. 1 VSBG).

§ 14 Severability clause

Should individual provisions of these Terms of Use be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these Terms of Use that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.

Bremen, 1st May 2020

recyclingplatform GmbH

 

 

menu recyclingplatform