Terms & Conditions Käuferportal

General Terms and Conditions of Beko Käuferportal GmbH (last updated: April 2013) and
General Terms and Conditions for Partner Companies

General Terms and Conditions of Beko Käuferportal GmbH

1. Applicability of the General Terms and Conditions
2. Making a comparison request
3. Receipt of the offers
4. Disclosure of data
5. Obligations of the interested parties
6. Warranty and service limitations
7. Liability limitation
8. Final provisions

1. Applicability of the General Terms and Conditions

1.1. These General Terms and Conditions apply to the contractual relationship between Beko Käuferportal GmbH (Käuferportal) and the interested parties. The interested parties are all natural persons or legal entities, which make a request for a product or a service, in order to receive up to three offers by providers.

2. Making a comparison request

2.1. If the interested party makes a request at Käuferportal for a product or a service, a contract concerning the provision of up to three offers by providers is concluded. Making the request is free of charge and non-binding.

2.2. After the request has been made product advisors contact the interested party by telephone or by e-mail in order to specify the request jointly with him and to present him up to three suitable providers. The request is subsequently forwarded to the selected providers upon request of the interested party. If appropriate, the product advisor asks the interested party at a later time, whether he has already received three offers from the selected providers.

2.3. If the interested party has still not received three offers, Käuferportal tries to propose other providers to the interested party as a follow-up, so that the interested party can receive the outstanding offers from the latter. The interested party can inform Käuferportal at any time, that he does not want any additional offers.

3. Receipt of the offers

3.1. The providers submit offers to the interested party suitable to his request and contact him by telephone or by e-mail for this purpose. Before the interested party receives an offer, the provider can ask for further information, ask for an on-site appointment or prepare the offer submission through other activities. Käuferportal would thereby like to ensure that the interested party receives exclusively offers, which fit his budget and are tailored individually to his needs.

3.2. Käuferportal thereby ensures by various measures that the interested party receives acceptable offers from up to three providers as rapidly as possible. How rapidly offers are available for the interested party, depends however on the complexity of the requested product or the requested service and on the processing time of the respective provider.

3.3. The interested party receives offers only from providers, who are members in the provider network of Käuferportal. Käuferportal connects the membership in the provider network with strict conditions. Each provider makes a commitment to Käuferportal to comply with all relevant directives of the chambers of crafts, professional associations and comparable institutions, as well as to provide only products or services, for which it is authorized. However, due to the size of the provider network Käuferportal cannot guarantee the suitability of each provider in the individual case. Thus, the interested party must examine the suitability of the provider, as would also be the case when soliciting an offer without Käuferportal.

3.4. After the interested party has received the offers, he himself decides whether and from which provider he accepts the offer. Käuferportal is neither involved here as a contractual partner, nor does it appear as a representative or vicarious agent (section 278 German Civil Code) of the contractual parties.

4. Disclosure of data

4.1. The personal data of the interested party (information on the request and contact data) are disclosed to the provider only, if the interested party has granted his consent to this. A disclosure of the data to other third parties is excluded.

4.2. The collection, processing and storage of data take place exclusively in accordance with the guidelines of the German Data Protection Act. The Privacy Policy is available on the Käuferportal website.

5. Obligations of the interested parties

5.1. The agency service of Käuferportal is free of charge for the interested parties. In return, Käuferportal asks the interested parties, if possible, to assess the service of the selected provider as well as to advise whether a contract has been concluded.

5.2. The service of Käuferportal can be used by all natural persons and legal entities, which have unlimited capacity to conduct business. This is not permitted to natural persons, who have not attained the age of 18. If the interested party makes a request for a legal entity, at the same time he ensures his right of representation for the latter.

6. Warranty and service limitations

6.1. Käuferportal cannot guarantee that suitable providers can be found for each request of an interested party and that said providers can be induced to submit a corresponding offer. Neither the conclusion of a contract, nor the successful execution of a contract is owed by Käuferportal. The warranty by Käuferportal is in this regard excluded.

6.2. Käuferportal is not responsible for breaches of duty, which result from a possible obligation between interested parties and providers.

7. Liability limitation

7.1. The following liability exclusions and limitations apply to any liability for damages of Käuferportal regardless of the other legal eligibility criteria.

7.2. Käuferportal is liable without limitation, insofar as the cause of damage is based on intent or gross negligence.

7.3. Käuferportal is also liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the contractual purpose, or for the violation of obligations, the fulfilment of which makes possible the proper execution of the contract in the first place und the compliance with which the interested parties generally rely upon. However, in this case Käuferportal is only liable for the foreseeable damages characteristic of the contract. Käuferportal is not liable for the slightly negligent violation of obligations other than those mentioned in the above sentences.

7.4. The above liability limitations do not apply in the case of loss of life, physical injury and damage to health, to a defect after assumption of a guarantee for the quality of the product, and in the case of fraudulently concealed defects.

7.5. Insofar as the liability of Käuferportal is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

8. Final provisions

8.1. Conflicting Terms and Conditions of the interested parties are not recognized without a written confirmation by Käuferportal. Supplements and amendments of these General Terms and Conditions must be in writing to be effective.

8.2. The place of performance is Berlin, Germany. The legal venue is Berlin, if the interested party is a fully qualified merchant, a legal entity or a special fund under public law or a person under public law.

8.3. The contract language is English.

8.4. The law of the Federal Republic of Germany shall apply. This does not apply, where mandatory consumer protection regulations oppose such application.

General Terms and Conditions for Partner Companies

1. Scope
2. Scope of Service
3. Online Contract Conclusion and Purchase / Supply of Leads
4. Registration
5. Partner Obligations, Contract Penalty
6. Adjustments to the Performance and Changes to the General Terms and Conditions
7. Compensation and Payment Terms
8. End of the Contractual Relationship
9. Claims for Defects
10. Liability
11. Final Provisions

1. Scope

1.1. These General Terms and Conditions govern the contractual relationship between the partner company (hereinafter: “Partner”) and Beko Käuferportal GmbH, Potsdamer Platz 11, 10785 Berlin, Germany with regard to the use of our online platform Käuferportal.

1.2. Any of Partner's General Terms and Conditions that differ from and conflict with our General Terms and Conditions will not be an integral part of the contract, even without explicit objection by ourselves in a scenario involving our performance, unless we have expressly agreed to the contrary.

2. Scope of Service

2.1. Potential Buyers (hereinafter: "Interested Parties") can submit non-binding requests for various products and services free of charge using Käuferportal. If a consumer submits a request, it is checked by our product advisers using a catalogue of questions developed by experts and tailored to the Partner's product assortment. Once the Interested Party confirms his interest during the phone conversation, the Interested Party’s non-binding request (hereinafter: “Lead”) is forwarded to the Partner with the prior consent of the Interested Party against payment of the relevant remuneration.

2.2. Our service only consists of conveying Leads to the Partner. We are neither responsible for the conclusion of contract between the Partner and the Interested Party nor for the successful implementation thereof. Neither are we involved as a contract party in the legal relationship between the Partner and the Interested Party, nor are we a representative or a vicarious agent (section 278 of the German Civil Code) of either contract partner. We will not accept responsibility for any breach of duty that may arise within the contractual obligation between the Partner and the Interested Party.

2.3. We forward any Leads to the Partner unmodified. Therefore, we are not liable in the event that the details entered by the Interested Party into the system are not accurate and/or complete. Neither are we liable for whether the Interested Party is still interested in the product at the time the Partner makes contact nor whether a contract is awarded to the partner.

2.4. We are not liable for conveying any certain number of Leads. Where there is any mention of the number of Leads in the contract documents, this relates exclusively to the maximum number of Leads that we provide to the Partner during a certain period of time.

2.5. We also make the Leads you purchased available to other partner companies and other companies at a charge, therefore we do not owe any exclusivity with regard to the supply of Leads.

2.6. The current state of technology does not allow for a guarantee that online data communication is error free and/or available at all times. Thus, we cannot be held liable for the continuous and non-interrupted availability of our online portal, however we do guarantee a minimum availability of 95% throughout an entire year.

3. Online Contract Conclusion and Purchase / Supply of Leads

3.1. If a contract relating to the use of our services is concluded online via our portal, the Partner submits by completing the registration process an offer for the conclusion of a contract concerning the use of Käuferportal. We may accept this offer with an express declaration or by activating the Käuferportal for use by the Partner. As of activation of Käuferportal, we provide anonymous Leads to the Partner in its own personal user area and the Partner can then make a decision to purchase full access to said Leads on a case by case basis. The provision of Leads represents our offer to conclude a purchase contract for these Leads at the prices listed in the "Request Overview". If the Partner chooses to have a Lead fully revealed in its profile, the Partner accepts this offer with regard to the Lead revealed.

3.2. If a contract on the use of our service is concluded by our outside sales team, it will be at our discretion to either provide the Partner the number of Leads agreed upon in the partnership agreement by e-mail and/or in the Partner’s personal user area of Käuferportal. Thus, it is Partner's responsibility to check its personal user area on a regular basis for the Leads we made available in order to guarantee that immediate contact is made with the Interested Parties we provided. We will not send any special notification that the Leads were made available.

4. Registration

4.1. The Partner must register to use Käuferportal. Registration is free of charge. Only legal entities and natural persons with an unrestricted legal capacity, who are entrepreneurs as understood within the meaning of Section 14 German Civil Code and who act within the law in offering their goods or services are allowed to register. As demonstration of the Partner's business activities, the Partner must present an excerpt from the Commercial Register, a business registration or another document verifying its entrepreneurial activity.

4.2. We will consider the individual that registers on behalf of the legal entity to be the authorized representative, who is allowed to submit declarations in the entity's name.

4.3. The Partner agrees to provide true and complete information about the data requested during the registration process.

4.4. Each Partner may only register for Käuferportal once. If Leads are supplied to a third party upon request of the Partner, such as to branches, subsidiaries or members of an association, the Partner must guarantee that it was authorized accordingly by said third party. In particular, this applies to the compensation paid to us by said third parties, if the third party is the bill-to party and inasmuch as the Partner is to continue to be granted insight into the individual accounts of said third parties.

4.5. We must be notified without any further request and promptly of any changes to the business data requested during registration (especially changes to the legal form or in the event of a relocation of the main office) as well as all personal and address data and said changes must be verified by providing suitable documents upon request.

5. Partner Obligations, Contract Penalty

5.1. The Partner agrees to adhere to all relevant regulations and stipulations issued by Chambers of Trade, professional associations or similar institutions and to only offer products/services for which it has an official permit, where necessary.

5.2. The Partner agrees to contact Interested Parties promptly after having purchased their Leads and to submit an offer to said Interested Parties accordingly. Should the Partner enter into a contractual agreement with the Interested Party, the Partner agrees to fulfil said agreement to the best of its abilities pursuant to all relevant regulations by the Chambers of Trade, professional associations or comparable institutions.

5.3. The Partner agrees to not disclose its access data to Käuferportal (user name and password). The Partner must inform us immediately in the event that said data is lost or any time said data was used illegally. The Partner shall be liable for any damage caused due to the fact that a third party obtains knowledge of its access data as a result of negligent or wilful misconduct.

5.4. Without our permission, the Partner is not allowed to copy and/or otherwise use the content of our platform.

5.5. The Partner agrees to only use the personal data of the Interested Party it received to contact said Interested Party once and, provided a contract is concluded with said Interested Party, for the purpose of executing the contract. Use of said data for any other purpose, in particular for commercial purposes, is not allowed without the required permission from the person concerned. It is expressly prohibited to pass along any of the Leads provided by us or to forward individual data therefrom, in particular for the purpose of commercial resale.

5.6. The Partner agrees to pay us a contract penalty in the amount of EUR 10,000.00 for any breach of its obligations as defined in clause 5.5. The above shall have no effect on the right to assert any additional damages.

5.7. The Partner agrees to the setup of an evaluation system that the Interested Parties may use to evaluate the Partner's performances. We will not perform any additional reviews to assess the truth of said evaluations.

5.8. The Partner shall hold us harmless against any and all claims asserted by third parties relating to any violation of their rights based on the information provided from our platform for which the Partner is responsible. Upon first request, the Partner is obligated to assume any and all costs we incur as a result of a violation of rights of this kind, especially an adequate amount to account for the costs of the legal defence. Any other claims we may have remain unaffected.

6. Adjustments to the Performance and Changes to the General Terms and Conditions

6.1. Irrespective of the provision of the Leads that is subject matter of this contract, we reserve the right to update and adjust individual functions, particularly our free additional performances, on a continuous basis, and to also restrict them or remove them in some cases.

6.2. We have the right to transfer either in part or in full the rights and obligations arising from this contractual relationship to a third party. In this case, the Partner has the right to an extraordinary termination of the contractual relationship as of the time of the transferral.

6.3. The Partner will be informed in writing, by fax or by e-mail of any changes to these terms and conditions. Should the Partner not object to any of these changes within a period of four weeks after receiving the notification, the changes will be deemed to have been accepted by the Partner. The Partner will be notified separately of its right to object to the changes in the General Terms and Conditions and the legal consequences of remaining silent.

7. Compensation and Payment Terms

7.1. We will charge the Partner a commission for our performance (so-called "Lead Price"). We must receive payment for the Leads we supply, irrespective whether a contract is in fact concluded between the Partner and the Interested Party.

7.2. We have the right to change the Lead Prices by sending a price change notification with a notification deadline of one month to the beginning of the month. In the event that we make any changes to the prices, the Partner has the right to cancel the contract with a deadline of two weeks after having received the notification of the price changes. In deviation to clause 8.2, the cancellation will take effect at the time the new price becomes effective. If the Partner fails to cancel the contract, the new price list will take effect upon expiration of the notification period. We will notify the Partner of the cancellation rights at the time the new price list is sent out.

7.3. All invoice amounts are payable immediately upon receipt of the invoice. Payment must generally be made by way of the payment method agreed upon at the time of conclusion of contract. If we were issued a SEPA based mandate (direct debit mandate), the direct debit will take place seven calendar days after the invoice date. The deadline for the pre-notification will be reduced to two days. In the event a direct debit mandate is issued, the Partner is obligated to ensure that the account has sufficient funds to cover the invoice amount. Any costs incurred for want of cover of the Partner’s account or because of a returned payment shall be borne by the Partner. The Partner has the right to provide verification that said costs were not incurred or not in the amount asserted.

7.4. The Partner may only offset against our payment demands where the claims are uncontested or legally established.

8. End of the Contractual Relationship

8.1. The contract is concluded for an indefinite period.

8.2. Subject to any cancellation deadline agreed upon separately, the contract may be cancelled ordinarily by either party with a cancellation deadline of three months to month's end. Any cancellation is required to be in written form. If the cancellation is made by the Partner, the request must be submitted to contract@kaeuferportal.de.

8.3. This will not affect any right to extraordinary cancellation. We shall especially have a right to extraordinary cancellation if the Partner provided untruthful information when entering into the contract or during the registration process, if the Partner uses Leads contrary to its obligation according to clause 5.5, if the Partner is in default of payment for more than 30 days or if the Partner opposes direct debit orders without legal cause or if insolvency, bankruptcy or similar proceedings are initiated against the Partner.

9. Claims for Defects

9.1. The Leads we supply must be reviewed immediately for any defects and in the event that any defects are found, we must be notified thereof promptly. In particular, the review and notification obligation covers the Leads of Interested Parties, which the Partner does not consider to be sufficiently qualified, for which it believes they would not originate from the agreed upon area of activity and/or that according to their own information, the Interested Parties are generally not interested in the activity offered by the Partner. Any claims for defects by the Partner are excluded after expiration of this deadline. In the event of a justified defect notification, we initially have the right as a part of our obligation to subsequent fulfilment to offer a new Lead to the Partner. If our subsequent fulfilment should fail, the Partner is entitled to statutory claims.

9.2. Claims for defects expire after 12 months as of the time the Leads were made available. Excluded from the above are any claims involving injury of life, body or health, in cases in which we are in negligent breach of our contractual obligations or in cases in which our legal representative or vicarious agent has wilfully or negligently violated an obligation.

10. Liability

In the event of an injury of life, body or health, we are liable to an unlimited extent. In the event of an impossibility of performance or a default and where we are in breach of our material contractual duties, we shall also be liable for minor negligence, however in such cases only limited to the typically foreseeable damage. Material contractual duties (cardinal duties) are considered such contractual duties that must by all means be fulfilled in order to properly execute the contract in the first place and that the purchaser generally trusts and is entitled to expect to be fulfilled. Typically foreseeable damage is considered such damage that falls under the protective purpose of the breached contractual standard. In all other respects, we shall not be liable for minor negligence. 

The aforementioned liability limitations also apply to our boards and committees and to our vicarious agents.

11. Final Provisions

11.1. The place of performance is Berlin, Germany. The laws of the Federal Republic of Germany apply under the exclusion of the UN Sales Convention. Legal venue for any and all disputes is the registered office of our company in Berlin.

11.2. Any special agreements and subsidiary arrangements made prior to concluding the contract shall only be an integral part of the contract if such are expressly confirmed in written form on the occasion of the conclusion of contract. Any changes or supplements to the contract, including these General Terms and Conditions, must be in written form. This shall also apply to any rescission of the written form requirement.

11.3. If the written form is stipulated according to these Terms and Conditions, fax or email shall be sufficient.

11.4. Should an individual provision within this contract be ineffective or contradict legal regulations, this shall have no effect on the validity of the contract otherwise. The contract parties shall mutually agree upon a legally effective provision to replace the ineffective one, which is closest in meaning to the economic purpose of the ineffective provision. The same applies to any regulatory gaps.

Version: February 2015