Terms and Conditions

General terms and conditions (GTC)

In the following, you will find the General Terms and Conditions of Gütlich Consulting GmbH & Co. KG for using the internet portal “Commodity Board”.

1. Subject
Gütlich Consulting GmbH & Co KG provides the B2B website “Commodity Board” on the Internet. The B2B portal is aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). According to § 13 of the German Civil Code (BGB), private end consumers are not permitted to use the B2B portal.

2. Scope / definitions
The Terms of Use are concluded upon registration for a user account and upon the conclusion of a membership. By visiting the website, the user also declares that he or she agrees to the validity of these terms of use in the currently valid version. Any terms and conditions of a user that conflict with or deviate from these Terms of Use shall not apply unless Gütlich Consulting GmbH & Co. KG has expressly agreed to their application in writing. Gütlich Consulting GmbH & Co. KG reserves the right to amend or supplement these Terms of Use as required, provided that no existing continuing obligations are unilaterally modified as a result and/or the amendment or supplement does not relate in an individual case to a contract for services subject to a charge that has not yet been fully processed at the time of the amendment or supplement.

3. Services of the portal
Gütlich Consulting GmbH & Co. KG grants its customers, at its own discretion, currently free online access to the portal. The user has no legal claim to services of the portal or the uninterrupted availability of the information retrievable there. Gütlich Consulting GmbH & Co. KG reserves the right to limit the free use and reject individual users altogether.

Registration by a user is subject to verification of the data entered by Gütlich Consulting GmbH & Co. KG.

4. Conclusion of contract
The offers of Gütlich Consulting GmbH & Co. KG are merely an invitation to submit an offer. The customer’s order is an offer to conclude a purchase contract for subscriptions and other products. The order on the website is placed by selecting the subscription or product and sending the order by pressing the button “Order subject to payment”.

5. Prices
The prices for the products and subscriptions offered are shown in Euros and exclusive to the statutory value-added tax. The prices at the time the order is triggered, as shown on the Internet pages, apply.

6. Terms of payment
The price is payable in advance for subscriptions concerning the respective payment period and is due for payment immediately after the conclusion of the contract. Invoicing shall take place at the beginning of the payment periods agreed in the respective subscription offer.

7. Minimum duration and notice periods for subscriptions
For regular subscriptions, the minimum duration of the subscription contract stated in the respective offer applies. Termination before the expiry of the agreed minimum duration is excluded. After expiry of the minimum duration, there is a right of termination in text form (e.g. by e-mail or letter) at any time.

In the case of test subscriptions, the minimum duration of the subscription contract shall be the respective promotional period stated. Cancellation before the end of the minimum subscription period is excluded.

If the trial subscription is not cancelled, it will continue as a regular subscription. After the expiry of this minimum period, there is a right of cancellation at any time.

The right of both contracting parties to terminate for cause shall not be affected by the above provision.

8. Liability
Gütlich Consulting GmbH & Co. KG has compiled the content of this website with due diligence. However, Gütlich Consulting GmbH & Co. KG does not guarantee the up-to-dateness, completeness, availability, legality and correctness of the website material and assumes no liability concerning the material or the use and usability of this material. This applies in particular to databases containing information, e.g. on prices, forecasts and the like. Gütlich Consulting GmbH & Co. KG does not assume any guarantee or liability for all this information’s content, correctness, and legality.

In all other respects, the liability of Gütlich Consulting GmbH & Co. KG, regardless of the legal reason, is limited to intent and gross negligence, unless it is a violation of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the fulfilment of which the other party to the contract may regularly rely (cardinal obligations) on. In the event of a slightly negligent breach of cardinal obligations, liability shall be limited to compensation for the typically foreseeable damage. The above limitation of liability applies accordingly in favour of the legal representatives, employees, and other vicarious agents and/or assistants of Gütlich Consulting GmbH & Co. KG. The above limitations of liability shall not apply in the event of injury to life, body and health, fraudulent intent, absence of a warranted characteristic or an assumption of guarantee. Liability, according to the product liability law, also remains unaffected.

Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, Gütlich Consulting GmbH & Co. KG is not liable for the constant or uninterrupted availability of the website and the service offered there.

Insofar as the portal enables access to third-party websites, Gütlich Consulting GmbH & Co. KG is not liable for the existence or security of this website, nor for the correctness, completeness, up-to-dateness, legality or freedom from third-party rights concerning the data, information and programs etc. presented by the operator and/or third parties on this website. Gütlich Consulting GmbH & Co KG does not adopt the corresponding contents of third parties as to its own.

9. Trademarks and intellectual property
All images and texts and their arrangements within the framework of the portal enjoy copyright protection and protection under other laws for the protection of intellectual property. These may not be reproduced, distributed, edited, translated or otherwise stored or processed in other media, including those in electronic form. Any utilization, particularly texts, parts of texts, sound or image material, requires the prior written consent of Gütlich Consulting GmbH & Co KG. No rights of use of any kind are granted unless this is expressly agreed in writing in individual cases.

The content available on the portal originates partly from the service provider and partly from other members or other third parties. The contents of the members and other third parties are hereinafter collectively referred to as “Third Party Content”. The service provider does not check the completeness, accuracy and legality of Third Party Content and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness of the Third Party Content. This also applies to the quality of the third-party content and its suitability for a particular purpose and concerns third-party content on linked external websites. In particular, it is the member’s responsibility to check images and photographs used by him/her concerning existing licenses or third party rights and provide them with any necessary references.

10. Paid institutional digital products
If you have received access to a paid membership through your institution, such as your company or an association, etc., the following provisions apply in addition:

The scope of your authorization to use the respective membership (including the period of use) is determined solely by the underlying license agreement with your institution. Passing on your access to the digital product (including your user name and password) and allowing or enabling third parties to use the digital product is not permitted under any circumstances.

You are obliged to keep your user name and your password for the membership secret and not make them accessible to third parties and secure them adequately against unauthorized access. In the event of loss of the access data or suspicion of unauthorized use of this access data, Gütlich Consulting GmbH & Co. KG must be informed immediately.

Memberships may not be used for illegal purposes. Activities aimed at rendering the Digital Products or Digital Products content non-functional or making it difficult to use them are prohibited. They may be subject to civil and criminal prosecution.

You are fully responsible for all activities that occur through your access to the Digital Products and are liable for any violation of these GTC or legal requirements that occurs through that access.

In the event of a violation of the provisions of this GTC, Gütlich Consulting GmbH & Co. KG is entitled to block and / or delete your access to the digital products even without prior notice.

Upon termination of the license agreement between Gütlich Consulting GmbH & Co. KG and your institution, your right to access and use the digital products automatically ends. This also includes all settings, notes and other personalizations stored as part of the digital products; these can no longer be accessed. There is no entitlement to storage or surrender.

11. Placement of own content
To the extent available as a functionality on the portal, you may post content on the portal and thus make it available to third parties, subject to the following provisions.

By posting content, you grant the service provider a free and transferable right of use to the respective content, in particular

– to store the content on the Service Provider’s server and to publish it, in particular, to make it publicly accessible (e.g. by displaying the content on the marketplace),
– to process and reproduce the content, insofar as this is necessary for the provision or publication of the respective content, and
– to grant – also against payment – rights of use to third parties for your content.

If you remove the content you have posted from the portal, the right of use and exploitation granted to us above shall expire. However, we remain entitled to keep copies made for backup and/or verification purposes. The rights of use already granted to members for content posted by you shall also remain unaffected.

You are fully responsible for the content you post. By posting the content, you guarantee its correctness, legality and availability. The service provider does not assume any responsibility for checking the content for completeness, correctness, legality, up-to-dateness, quality and suitability for a specific purpose. You therefore declare and warrant to the service provider that you are the sole owner of all rights to the content you post on the portal or are otherwise authorized (e.g. by effective permission from the rights-holder) to post the content on the portal and to grant the rights of use and exploitation.

The Service Provider reserves the right to refuse the posting of content and/or to edit, block or remove content already posted without prior notice if the posting of the content by the Member or the posted content itself has led to a violation of the GTC or if there are concrete indications that a serious violation of the GTC will occur.

12. Blocking of access
The service provider may temporarily or permanently block your access to the member area if there are concrete indications that you violate or have violated these Terms of Membership and Use and/or applicable law, or if the service provider has another legitimate interest in blocking you. In deciding whether to block you, the service provider will give due consideration to your legitimate interests.

Reasons for blocking include in particular:

– the provision of false contact data, false or invalid email address
– the unauthorized transfer of the member account to third parties
– damage to other members, in particular misuse of services of the service provider or non-compliance with contractual obligations.

In the case of temporary or permanent blocking, the service provider will block your access authorization and notify you of this by e-mail.

In the event of temporary blocking, the service provider will reactivate the access authorization after the blocking period has expired and notify you of this by e-mail. A permanently blocked access authorization cannot be restored. Persons who have been permanently blocked are permanently excluded from using the member area and may not log in again.

13. Data protection notice
The privacy policy of Gütlich Consulting GmbH & Co. KG can be found here.

14. Applicable law, place of jurisdiction
These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for disputes relating to this website is Darmstadt, Germany, provided the user is a merchant, a legal entity under public law or a special fund under public law. Furthermore, Darmstadt is agreed as the place of jurisdiction if the user moves his residence abroad after the conclusion of the contract or has no general place of jurisdiction in Germany.

15. Severability clause
The invalidity of individual provisions of these GTC shall not affect the validity of the other provisions. Invalid provisions shall be replaced by the respective statutory provisions.