Terms and Conditions (GTC)

General Terms and Conditions of PINPOOLS GmbH, Ohligser Str. 82, 42781 Haan, for the use of 'PINPOOLS'.

1. Scope

(1) These General Terms and Conditions apply between PINPOOLS GmbH, 42781 Haan ('PINPOOLS') and every registered user ('User') of the Internet platform PINPOOLS, http://www.pinpools.de ('PINPOOLS'). Users can be both buyers and suppliers.

(2) Deviating agreements between PINPOOLS and the user as well as mandatory statutory provisions have priority.

(3) These terms and conditions apply exclusively. Deviating terms and conditions of the user are not applied in full.

2. Registration for PINPOOLS

(1) To use PINPOOLS you must register with PINPOOLS.

(2) The user is obliged to register under his own data and to provide all information correctly and completely.

(3) To successfully register, the user must accept these terms and conditions. The confirmation is made by activating the access via an activation link, which is sent to the user by e-mail after examination.

(4) Upon successful registration, the user submits to PINPOOLS an offer to conclude a user agreement, which includes the inclusion of these terms and conditions.

(5) PINPOOLS is not obliged to accept this offer. If PINPOOLS does not accept this offer, the access data (user name, password) chosen by the user will be blocked.

(6) The registration is for one person. Additional users can only be registered after activation of the access data. In particular, it is not permitted to use PINPOOLS by anyone other than the registered person(s).

3. Restriction to professional sellers and sellers

(1) The offer of PINPOOLS GmbH is directed exclusively to commercially acting buyers and sellers (hereinafter referred to as 'companies') and not to consumers. Consumers are not allowed to use the services of PINPOOLS GmbH and the use of PINPOOLS.

(2) Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity.

(3) By using the services of PINPOOLS GmbH the users declare that they are entrepreneurs and not consumers. PINPOOLS GmbH reserves the right to check whether the user is not a consumer (eg checking the address data, the business registration or the VAT identification number).

4. Use of PINPOOLS, publication of product and price information

(1) PINPOOLS offers users the possibility to forward tenders and offers as well as other information to other users and to use them on the platform (hereinafter collectively also 'User Information'). PINPOOLS also offers the user the possibility to conclude contracts with other users about offered or requested products or services.

(2) The purchaser places his bid online. Here a distinction is made between different tendering types. Depending on the type of tender, the information gained here can be incorporated into the customer's ERP system or orders can be placed directly. The purchaser is responsible for the accuracy and completeness of the tender.

(3) After verification of the membership, the supplier can look at the tenders published on PINPOOLS, submit binding offers, contact the issuing buyer to prepare for or conclude a contract.

(4) The offer submitted by the supplier can only be viewed by the tendering buyer himself. Other suppliers or users have no access.

(5) All tenders published on PINPOOLS can only be viewed by PINPOOLS GmbH verified members. Unverified companies and organizations have no access to the tender content.

(6) Users also have the opportunity to actively offer products and to provide these with available quantities and prices.

(7) User information may only be used in the context of the use of PINPOOLS (see point III, 1.). In particular, it is not permitted to store and process this user information for purposes other than those described. Furthermore, PINPOOLS may not be used as a substitute for third parties.

(8) The use of PINPOOLS may not be performed by third parties on behalf of registered users.

(9) The use is subject to the laws of the Federal Republic of Germany. User information provided must comply with these laws, in particular good morals. If user information does not comply with these laws, in particular not good morals, PINPOOLS will delete this information and if necessary initiate legal action against the respective user.

5. Duties of the purchaser

(1) The purchaser publishes his tender data online using an input mask. The purchaser is free in terms of content. In addition to the requested product characteristics and quantities, further contract conditions can be entered which are to apply to the advertised business (terms of delivery, terms of payment, shipping costs, etc.). An exception applies to standardized mandatory information, which is queried in the input mask and which is mandatory for the invitation to tender. The purchaser is responsible for ensuring that legal provisions, for example from § 5 Telemediengesetz (General Information of the service provider), are taken into account in terms of content. 
The supplier relies on exhaustive information about the proposed business. The purchaser is therefore obliged vis-à-vis the supplier to describe the intended transaction as truthfully and as accurately as possible, as required for a decision on the submission of a quotation.

(2) The purchaser is not obliged to accept an offer for his tender. The purchaser alone decides whether to conclude a contract with a supplier on the terms and conditions or whether, on the basis of renegotiations, he concludes a contract with the supplier deviating from the terms of the contract.

(3) The purchaser is obliged to keep bids received confidential to his bid, in particular not to transmit the bids to third parties, unless the supplier has explicitly agreed to the publication of his bids.

(4) If the purchaser accepts the offer of a supplier, he is bound by the contract.

6. Obligations of the supplier

(1) The supplier may consult the invitations to tender issued by the purchaser, provided that the purchaser has released the invitation to tender for all suppliers. The purchaser reserves the right to limit tenders to only a specific supplier group.

(2) Tendering is voluntary and is at the discretion of the supplier.

(3) If the supplier submits an offer to a tender, this is binding. If the purchaser accepts the offer, the supplier must deliver the advertised products in accordance with the conditions specified in the invitation to tender.

(4) In the case of questions or comments regarding the subject matter of the application, contact must always be made centrally via PINPOOLS. For this service@pinpools.com, as well as the hotline +49 211-97633827 is available. If the supplier submits an offer to a tender and the buyer accepts this, a purchase contract has been concluded on the terms of the invitation to tender.

(5) The supplier undertakes not to contact the purchaser with the aim of placing an order outside the PINPOOLS platform, provided that the purchaser's request has been made via the platform. PINPOOLS GmbH reserves the right to exclude individual members from the use of the marketplace in case of infringement. The assertion of further damages remains expressly reserved.

(6) The supplier undertakes to only offer products on PINPOOLS which are REACH compliant.

7. User information

(1) When entering the user information, all data relevant for a contract to be concluded with other users must be provided. No data may be provided that could mislead the user information. Furthermore, no data may be withheld. In particular, product defects shall be indicated, provided that they are capable of substantially reducing the value of the product or substantially affect the use of the product. If product properties are warranted, the product to be sold must have this property at the time the risk passes.

(2) User information should be kept up to date by the user.

(3) Each user accepts that after entering the user information he receives invitations to tender or offers from other users as long as he is registered with PINPOOLS.

8. Conclusion of contract and processing of an order between users

(1) A user information contract is concluded exclusively between the users. PINPOOLS is neither a contracting party nor a messenger or vicarious agent of one or both users or otherwise involved in the conclusion of the contract. All contract components are to be negotiated by the involved users themselves. The execution of the contract is the sole responsibility of the users.

(2) PINPOOLS has no influence on the goods or services offered, their quality or quality.

9. Usage fee

We offer different package prices, which you will find under Pricing .

The package prices and conditions apply to a company profile in which you can have several user profiles. For first-time use, you will have a 30-day trial after examining and activating the company registration. You can see your bookings under settings.

10. Billing

Fees will be charged by PINPOOLS GmbH at the end of the current calendar month. The fee stated in the invoice plus the statutory VAT is due for payment with a payment term of 14 days. PINPOOLS GmbH reserves the right to send an electronic invoice by e-mail to the users. With this agreement, the member expressly accepts a legally permissible electronic calculation method.

11. Exemption

(1) The users release the PINPOOLS GmbH from all claims that third parties assert against PINPOOLS GmbH due to a violation of their rights.

(2) In this respect, the user must also bear the costs of a necessary legal defense, including legal fees and legal costs. An exemption by the users does not take place, if they are not responsible for the infringement.

12. Liability and damages

(1) PINPOOLS GmbH is not obliged to check the information provided by the members on the tenders for correctness and / or completeness. The self-maintained data are the sole responsibility of the members.

(2) PINPOOLS GmbH is not liable for the timeliness of the invitations to tender, their accuracy and completeness.

(3) PINPOOLS GmbH is not liable for damages resulting from the execution of contracts concluded via the virtual enterprise platform. All member contracts are at the sole discretion and risk of the member.

(4) PINPOOLS GmbH is liable according to this contract only in accordance with the following provisions, otherwise the liability is excluded.

(5) PINPOOLS GmbH shall be liable without limitation for intentional or grossly negligent damages caused by PINPOOLS GmbH, its legal representatives or executives, as well as for intentionally caused damages of other vicarious agents. For gross negligence on the part of other vicarious agents, the liability shall be determined in accordance with the instructions below under point 11.5. of these terms and conditions for ordinary negligence.

(6) PINPOOLS GmbH is liable without limitation for intentional or negligent damage caused by injury to life, body or health by PINPOOLS GmbH, as well as its legal representatives or vicarious agents. PINPOOLS GmbH shall be liable for damages due to lack of warranted characteristics up to the amount that was covered by the purpose of the guarantee, and which was recognizable to PINPOOLS GmbH upon submission of the guarantee.

(7) PINPOOLS GmbH is liable for product liability damages in accordance with the provisions of the German, Austrian and Swiss, respectively applicable and mandatory product liability law.

(8) PINPOOLS GmbH is liable for damages resulting from the breach of cardinal obligations by PINPOOLS GmbH, its legal representatives or vicarious agents. Cardinal duties are the essential obligations that form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the user may rely. If PINPOOLS GmbH has slightly negligently violated these cardinal obligations, its liability is limited to compensation for foreseeable, typically occurring damage (hereinafter referred to as 'typical damage'). The typical damage is generally limited to the amount stipulated and otherwise to the amount of the contractual remuneration of the user for the period in which the breach of duty occurred. The typical damage in this case is limited to 1.000,00 Euro. This does not apply if the restriction in individual cases would be inappropriate in terms of equity. The typical damage does not exceed five times the agreed remuneration.

(9) Without prejudice to the liability regulation of these terms and conditions, PINPOOLS GmbH is not liable for the loss of data if the damage could have been avoided by the user having fulfilled his obligation to back up the data. In any case, the user must be credited with contributory negligence. In case of termination, the user is responsible for the previous backup of his data.

13. Termination

(1) The contracts for the use of PINPOOLS GmbH are concluded for an indefinite period. The contracts can be terminated by the users and the PINPOOLS GmbH with a period of three months.

(2) The right to termination without notice for cause remains unaffected on both sides. An important reason for the termination on the part of PINPOOLS GmbH is in particular, if

  • the user commits serious breaches of duty against the law or these GTC,
  • insolvency proceedings are applied for or opened on the assets of the user, or the opening is rejected for lack of assets, or
  • PINPOOLS GmbH ceases its activities.

(3) In principle, a notice of extraordinary termination must be preceded by a warning. The warning can be waived if the warning is not reasonable for the other party. This is particularly the case if the behavior of the contracting party gives reason to expect further misconduct in spite of a warning.

(4) It is the responsibility of the users to secure their data upon termination prior to the end of the contract. PINPOOLS GmbH is entitled to irretrievably delete all user data stored during the term of the contract. The deletion takes place with regard to any backups within a period of 90 days from the date of termination. If the users wish for an immediate deletion of all contents, PINPOOLS GmbH asks for a corresponding message and reserves the right to decide on them, taking into account mandatory statutory provisions (in particular data protection) and considerations of reasonableness.

(5) The termination does not affect the PINPOOLS GmbH in the use or presentation of information on former users that are accessible to everyone (eg in the context of supplier lists or ratings).

14. Change of the terms and conditions

(1) PINPOOLS GmbH reserves the right to change the terms and conditions at any time with effect for the future, unless this is not reasonable for the users. The change is reasonable especially in the following cases:

  • if the change serves to bring the GTC into compliance with the applicable law, in particular if the current legal situation changes;
  • if the change in PINPOOLS GmbH serves to comply with mandatory judicial or administrative decisions;
  • if entirely new services or performance elements as well as technical or organizational processes require a description in the GTC;
  • if the change is only beneficial to the users.

(2) In such a case, PINPOOLS GmbH will send the changed terms and conditions at least two weeks before their entry into force to the e-mail address deposited by the user at PINPOOLS GmbH.

(3) If a user does not object to the new terms and conditions within a period of four weeks after receipt of the e-mail, the changed terms and conditions shall be deemed accepted by him. The PINPOOLS GmbH will inform the users with the change notification of the consequences of an omitted objection.

(4) If the user objects to the validity of the new terms and conditions within the time limit, PINPOOLS GmbH remains authorized to terminate the contractual relationship with the user properly with a notice period of one week.

(5) Users can also agree to changed terms and conditions by expressly giving their consent.

15. Privacy

Information on the nature, extent and purpose of the processing of personal data, users find in the Privacy Notice.

16. Final provisions

(1) PINPOOLS GmbH reserves the right to grant third parties rights to PINPOOLS (in particular for financing purposes), provided that the confidentiality requirements and legal requirements, in particular the data protection law, are observed. The user may transfer claims based on this contract against PINPOOLS GmbH to third parties only with the written consent of PINPOOLS GmbH.

(2) In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply, as long as there are no mandatory statutory provisions.

(3) The place of performance is Wuppertal for users who are entrepreneurs. Jurisdiction is Wuppertal, provided that the user is a merchant, legal entity of public law or public special assets or the user in the Federal Republic of Germany has no general jurisdiction. The right of PINPOOLS GmbH to choose another permissible place of jurisdiction remains reserved.

(4) Should one or more provisions of these GTC or of the contract on which they are based be or become ineffective, this shall not affect the validity of the remaining provisions. Rather, the invalid provisions shall be replaced by such a provision by way of supplementary contractual interpretation, which comes as close as possible to the commercial purpose which the Contracting Parties are clearly pursuing with the ineffective provisions. The same applies to the completion of any loopholes.

17. Reference

The user allows PINPOOLS to use his name and logo as a reference.