General Terms and Conditions (GTC) of German Drop GmbH

1. general
(1) German Drop GmbH (GD), located at Bültenweg 93, 38106 Braunschweig, Germany, mediates online trade and logistics services between suppliers and customers, both for entrepreneurs and consumers. The following General Terms and Conditions shall apply to the contractual relations between GD, the clients (hereinafter referred to as “Client”) and the contractors (hereinafter referred to as “Contractor”).

2. conclusion of the contract
(1) The contract between the Contractor and the DG shall be concluded by signing a framework agreement.
(2) By sending an order and the transfer of the purchase amount by the Client to the Contractor, the contract between both parties shall be legally effective. The Contractor is obliged to deliver the goods or services to the Client or its customers.
(3) The services shall be deemed to be contractually agreed upon which result from the respective current service description for the service in question or from the written agreements. Changes must be made in text form and confirmed by all parties in order to be valid.

3. rights and obligations of the contractor and the customer
(1) After the conclusion of a contract between the Client and the Contractor, regardless of its form, the activity of GD is successfully completed. This also leads to the obligation of the Contractor to pay the agreed commission.
(2) The Contractor shall be obliged to have all verifiable invoice documents, such as offer, which are required for the invoicing of the Contractor’s services, confirmed by the Principal and transmitted to GD by e-mail.

4. termination
(1) Termination is regulated in the framework agreement between GD and the Contractor and requires text form.

5. liability
(1) GD shall be liable without limitation for damages caused by it, its legal representatives or vicarious agents:
– in the event of injury to life, limb or health – in the event of intentional or grossly negligent breach of duty – in the event of warranty promises, insofar as agreed, or – insofar as the scope of application of the Product Liability Act is opened.
(2) In case of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations), by slight negligence of GD, its legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
(3) Otherwise, claims for damages are excluded.

6. data protection
(1) GD processes personal data within the framework of the applicable data protection laws. The data of the contractual partners will be used exclusively for the processing of the respective contract and will not be passed on to third parties unless this is necessary for the fulfillment of the contract or the contractual partners have expressly consented (verbally or in writing). If the contracting party wishes to revoke the data disclosure, it should notify GD in writing.

7. severability clause
(1) Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remainder of the contract.

8. place of performance, place of jurisdiction
(1) If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of GD. If the customer has its registered office outside the territory of the Federal Republic of Germany, the registered office of GD shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, GD is in any case entitled to appeal to the court at the customer’s place of business in the aforementioned cases.
(2) Amendments and supplements to the contracts must be made in text form to be legally effective.

9. information on dispute resolution (for consumers)
(1) The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. GD is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

Date:16.03.2023

Place: Brunswick