Terms and conditions of the take-e-way trading platform for electrical devices make-e-business for commercial business contacts

Terms of use of “make-e-business”

The take-e-way service “make-e-business” (hereinafter called “take-e-way trading platform of electrical devices make-e-business”) is an offer of the take-e-way GmbH (hereinafter called “take-e-way”) for worldwide located commercial members. The usage of the take-e-way trading platform for electrical devices make-e-business is subject to the following terms of use:

Terms of use

1. Offered services

The take-e-way trading platform for electrical devices make-e-business offers the possibility to the customer to use the services of take-e-way offered on the take-e-way trading platform for electrical devices make-e-business via the communication medium Internet under the addresses www.make-e-business.de and www.make-e-business.com.

2. Usage right for the take-e-way trading platforms for electrical devices make-e-business

2.1 The usage of the take-e-way trading platform for electrical devices make-e-business assumes that the commercial customer is registered.

2.2 The usage right for the take-e-way trading platform for electrical devices make-e-business is only assigned to natural persons in the frame of a commercial activity. Therefore, a user of the take-e-way trading platform for electrical devices make-e-business can be at a customer, being a juristic person an employee of the customer or a third person authorized by the customer (hereinafter called “person authorized to use the platform”).

2.3 The usage right for the take-e-way trading platform for electrical devices make-e-business assumes that the commercial customer or the person authorized to use the platform accepts these terms of use.

2.4 When take-e-way sends the access data to the customer or to the person authorized to use the platform, a usage agreement is being realized.

2.5 The customer is entitled to revoke the usage right of a person authorized to use the platform towards take-e-way at any time. This is particularly necessary if the customer has withdrawn the authorization to use the take-e-way trading platform for electrical devices make-e-business from the person authorized to use the platform.

2.6. Scope of usage of the take-e-way trading platform for electrical devices make-e-business in case of ordering:

If the commercial customer and the person authorized to use the platform are not identical which in particular occurs if a third party is authorized by the customer or if an employee of a juristic person uses the take-e-way trading platform for electrical devices make-e-business on behalf of his employer (customer) the usage of the take-e-way trading platform for electrical devices make-e-business by the person authorized to use the platform is subject to the following limitations:

2.6.1 The person authorized to use the platform is authorized to use the take-e-way trading platform for electrical devices make-e-business only in the scope which the commercial member has permitted.

2.6.2 The person authorized to use the platform and the commercial member must agree to the validity of these terms of use for the take-e-way trading platform for electrical devices make-e-business. The commercial member agrees by allowing the usage right of the take-e-way trading platform for electrical devices make-e-business to the person authorized to use the platform towards take-e-way. The person authorized to use the platform agrees by placing the corresponding checkmark for "Accept terms of use" during the login process.

3. Accessing the take-e-way trading platform for electrical devices make-e-business

3.1 After recording the commercial master data of take-e-way by mail, the person authorized to use the platform will receive a confirmation link by mail regarding the first usage of the take-e-way trading platform for electrical devices make-e-business. The access data can be generated by the person authorized to use the platform independently according to certain safety conditions. The assigned password can and shall be modified by the person authorized to use the platform in that frame in regular intervals. After a modification, it is no longer possible to use the present password.

3.2 After the first login it is possible to modify the access for the person authorized to use the platform in a more user-friendly way. To do so, the person authorized to use the platform stores a new password on the take-e-way trading platform for electrical devices make-e-business.

3.3 The person authorized to use the platform is obliged to observe the user guidance and the indicated notes on the screen. He/She has to check, if the entered data are complete and correct.

4. Principles for the entry of electrical devices

Make-e-business is a worldwide trading platform for commercial suppliers, manufacturers, importers, wholesalers and retailers of electrical devices offering registered commercial members the option to approach one another. take-e-way trading platform for electrical devices make-e-business generally does not inform importers or manufacturers if it is legally permitted to offer a certain device or is in accordance with the make-e-business principles. Therefore, corresponding statements of an importer or manufacturer of electrical devices are inadmissible since they suggest a particular trustworthiness and might give a wrong impression to commercial interested parties.

Copyright

On the take-e-way trading platform for electrical devices make-e-business all relevant legal terms apply. The use of foreign copyright photos, pictures or texts from other sources without authorization of the owner of rights generally represents a copyright infringement.

Trademark

A misuse of a trademark is generally given if the designation of the device (title) or in the description of the device words are used which make reference to another mark than the trademark of the device.

Inadmissible devices

  • All "non electrical devices" or "non batteries" are inadmissible
  • Offers infringing the copyright or trademark tight are inadmissible
  • Offers of sexual contents are inadmissible
  • Electrical devices which are subject to trade embargo are inadmissible
  • Electrical devices harming to juvenile are inadmissible
  • National Socialist electrical devices are inadmissible
  • Other offers of services are inadmissible
  • Usage of script languages (Javascript or Flash)
  • Price indications in published devices
  • Approaching end users
  • Tobacco
  • Cigarettes
  • Tobacco/cigarette alternatives
  • Cigars, cigarillos
  • Tobacco pipes, rolling papers, vaporizers

Infringements of admissible electrical devices

The decision if there is an infringement against the principles of the take-e-way trading platform for electrical devices make-e-business, is solely up to take-e-way. Any notified infringement is thoroughly checked by take-e-way.

Obligation to publish an imprint

After each approach of a commercial member, the potential commercial interested party has to obtain the data of the supplier of the electrical device and thus access to the "total supply" including prices and manufacturer’s data. Then this "total supply" also has to include an imprint of the commercial supplier of electrical devices.

5. Confirmation of data entries, obligation to check

take-e-way reserves the right to confirm individual data entries towards the customer in writing. In this case the member of the take-e-way trading platform for electrical devices make-e-business is obliged to check the confirmed data entries, in particular if such data are complete and correct. In case of differences, the member is obliged to inform take-e-way immediately.

6. Cost of the usage of the take-e-way commercial platform for tradesmen of electrical devices make-e-business

The usage of the take-e-way trading platform for electrical devices make-e-business is free of charge for registered commercial members and the persons authorized to use the platform.

7. Advice, responsibility for electrical devices

In the frame of the take-e-way trading platform for electrical devices make-e-business an advice by phone is taking place if this is required by the commercial member. It is also possible to submit inquiries by Email or by mail. The commercial member enters the device with sole responsibility respectively the person authorized to use the platform enters the devices on behalf of the commercial member. The member himself bears the risk and responsibility for the entered devices in the frame of the legal regulations.

8. Particular duty of care and obligation to secure the secrecy of the access data

The commercial member and the person authorized to use the platform must take care that no unauthorized third person is getting knowledge of the access data for the take-e-way trading platform for electrical devices make-e-business. Otherwise there will be a risk of misuse of the take-e-way trading platform for electrical devices make-e-business and of the customer portal of take-e-way. Employees of take-e-way or other persons are not allowed to ask for the password or any other access data.

9. Access blocking

9.1 If the commercial member or the person authorized to use the platform is having any clues for unauthorized knowledge or usage respectively misuse of his/her own access data by a third person the customer or the person authorized to use the platform must immediately change the access data. If this is not possible, the customer must immediately inform take-e-way about it. In this case take-e-way will block the access to the take-e-way trading platform for electrical devices make-e-business.

9.2 take-e-way will automatically block the access to the take-e-way trading platform for electrical devices make-e-business for safety reasons, if the wrong access data had been entered three time in succession.

9.3 take-e-way will also block the access to the take-e-way trading platform for electrical devices make-e-business, if there is a suspicion of misuse.

10. Liability

10.1 take-e-way cannot be held liable for the electrical devices or messages entered by the commercial member or the person authorized to use the platform which had been entered on the take-e-way trading platform for electrical devices make-e-business.

10.2 take-e-way cannot be held liable for a possible non availability of the take-e-way trading platform for electrical devices make-e-business or the take-e-way websites.

10.3 If the person authorized to use the platform has contributed to the origination of a damage by his/her behaviors in particular by infringing the special duty of care and obligation to secure the secrecy of access data, a liability of the customer or of the person authorized to use the platform is determined according to the degree of his/her partial blame.

10.4 take-e-way does not take any liability for damages which have occurred to the customer or to the person authorized to use the platform in the frame of a contractual relationship with third parties. This also applies for third party companies, which had possibly acted as “partners” of take-e-way.

11. Change of the terms of use

take-e-way can change these terms of use. A note regarding such changes can be notified on the take-e-way trading platform for electrical devices make-e-business, by indicating the change on the homepage of the take-e-way trading platform for electrical devices make-e-business. If the commercial member and the person authorized to use the platform are not identical, the person authorized to use the platform is obliged to immediately inform the commercial member about the changes. The changes are regarded as accepted if the commercial member or the person authorized to use the platform do not contradict within 5 working days after first perusal of the change of the terms of use. take-e-way will particularly point out this consequence. In order to comply with the time-limit, it is sufficient if the commercial member or the person authorized to use the platform sends a written informal contradiction to take-e-way within 5 working days after the first perusal of the change.

12. Termination of the take-e-way trading platform for electrical devices make-e-business

12.1 The commercial member is authorized to terminate the usage agreement for the take-e-way trading platform for electrical devices make-e-business at any time with immediate effect. The person authorized to use the platform can also terminate the usage agreement for the take-e-way trading platform for electrical devices make-e-business at any time with immediate effect and the consequence that he/she is no longer authorized to use the platform. In this case, the commercial member can nominate a new natural person for the usage. take-e-way can terminate the usage agreement for the take-e-way trading platform for electrical devices make-e-business with a period of notice of one month. take-e-way must declare the termination only towards the commercial member. The effectiveness of the termination also automatically terminates the usage authorization of the person authorized to use the platform.

12.2 Take-e-way cannot be held liable for any damages resulting of a termination on behalf of the commercial member or the person authorized to use the platform.

13. Applicability of German law

The usage agreement for the take-e-way trading platform for electrical devices make-e-business is subject to German law.

14. Useful data

14.1 By accessing the take-e-way trading platform for electrical devices make-e-business data records are saved on the webserver. These data records consist of:

  • Customer data,
  • Master data of the device, texts and descriptions
  • Messages, incoming mail and outgoing mail (mail traffic)
  • Date and time of the data recording
  • Access status
  • Access data, modifications

14.2 The above mentioned data records are used for the following purposes:

  • b2b contact network for the commercial trading platform among trademen in the field of electrical devices
  • Forwarding of messages of commercial interested parties of electrical devices
  • Administrative processing / management
  • Statistic purposes (only when presenting a declaration of consent)
  • Status of an implementation checked by take-e-way according to the Electrical and Electronic Equipment Act, battery law and packaging ordinance (E seal of certification)

15. The privacy protection rights of the commercial member being the user

15.1 The commercial member has the right to claim information within the existing privacy protection rights of the Federal Republic of Germany which data are stored about the member at take-e-way in connection with the take-e-way trading platform for electrical devices make-e-business. The purpose of this storage results as figure 14.2 of these terms of use. Furthermore, the commercial member can ask us to correct incorrect data and to delete data after the legal storage term. A person authorized to use by a commercial member has the same rights within the scope of his/her authorization.

15.2 If a commercial member or a person authorized to use the platform would like to transmit suggestions, questions or criticism in connection with the take-e-way trading platform for electrical devices make-e-business, the herewith transferred data are solely used in connection with the processing of the request.

16. Safe usage of the take-e-way trading platform for electrical devices make-e-business

When terminating the corresponding usage session of the take-e-way trading platform make-e-business the commercial member respectively the person authorized to use the platform should log out by clicking on the button "Logout". Furthermore, an automated "Logout" is performed for reasons of security if no entries are made on the take-e-way trading platform for electrical devices make-e-business within a certain term. The "Logout" function deactivates the temporary cookies an the used computer of the commercial member respectively of the person authorized to use the platform.

17. Cookies

take-e-way uses cookies also for the take-e-way trading platform make-e-business, in order to traces preferences of the visitor and to be able to design the websites accordingly in an optimum way. Cookies are small files which are temporarily stored on the hard disk of the user. The cookies allow identifying the used PS, but it is not possible to refer to a person. In order to use the take-e-way trading platform for electrical devices make-e-business the user must accept the cookies. Most browsers automatically accept cookies. The user can allow saving cookies on the hard disk by selecting the item “Accept cookies” in his/her browser settings. The user can refer to the instruction manual of the browser manufacturer in order to learn how this is working in detail. The user can delete the saved cookie from the system folder of the used PC at any time.