Terms and Conditions
Sharehouse is an online portal for suppliers and customers of storage locations (hereinafter referred to as "users"), through which logistics service and storage contracts can be concluded simply and clearly. The service provider is Sharehouse GmbH & Co KG, Schifferstraße 26,47059 Duisburg (hereinafter referred to as "Provider").
Contracts concluded via Sharehouse are concluded exclusively between users; the provider does not become a contracting party himself.
Access requires prior registration of the user. By registering, the user agrees to the inclusion of the following general terms and conditions.
1.1 For the business relationship between the provider and the user, these terms and conditions apply exclusively in their version valid at the time of registration. Deviating terms and conditions of the user are not recognized unless the provider expressly agrees to their validity in writing.
1.2 The provider reserves the right to change these terms and conditions at any time with effect also within the existing contractual relationships. The provider will inform the user of such changes at least 30 calendar days before the planned entry into force of the changes. Insofar as the user does not object within 30 days of receipt of the notification and the use of the services continues even after expiry of the objection period, the changes shall be deemed to have been agreed upon effective from the expiry of the period. In the change notification, the provider will inform the user of his right of objection and of the consequences.
1.3 Sharehouse is aimed at entrepreneurs and should not be used by consumers. The user is a consumer if the purpose of using Sharehouse cannot be ascribed to his commercial or self-employed professional activity. Entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
2. Subject Matter of the Contract
2.1 The provider grants registered users access to Sharehouse. The platform provides the user with information and services. Among other things, users can conclude storage contracts via the platform. The conclusion of the contract is simplified by pre-set input masks; the platform can also be used to negotiate or adapt the benefit details of the storage contracts itself. The users undertake to conclude contracts for logistical services, which are concluded via Sharehouse, exclusively on the basis of the German Freight Forwarders' Standard Terms and Conditions 2017 (ADSp 2017). This serves to improve the comparability of the services offered.
2.2 The services available on Sharehouse may also include services of third parties to which the provider merely provides access. Deviating or additional regulations may apply to the use of such services - which in each case are marked as third party services - which deviate from these General Terms and Conditions or to which the provider will refer in each case.
2.3 A claim to the use of the information and services available on the portal exists only within the scope of the technical and operational possibilities at the provider. The provider makes every effort to ensure that its services can be used without interruption. However, temporary restrictions or interruptions may occur due to technical faults (such as power supply interruptions, hardware and software errors, technical problems in the data lines). The provider expressly does not make any availability promises.
2.4 The provider is entitled at any time to change services provided free of charge on Sharehouse, to make new services available and to discontinue the provision of free services. The provider will always take your legitimate interests into account.
3. Registration and Updating of User Data
3.1 Interested users can register to use Sharehouse. Certain mandatory information must be provided for this purpose. The contact data and other information requested by the provider during the registration process must be provided by the user completely and correctly. When registering a legal entity, the natural person authorised to represent must also be indicated.
3.2 After the user has provided all requested data, the provider will check these for completeness and plausibility. If the information is correct from the provider's point of view and if there are no other doubts from the provider's point of view, the provider releases the requested access and notifies the user by e-mail. The e-mail is considered as acceptance of the registration request. Upon receipt of the e-mail, the user is entitled to use the portal within the scope of these terms and conditions. For this purpose, the user must confirm the activation by clicking on the link contained in the e-mail.
3.3 There is no right to registration. The provider is entitled to reject applications for registration without giving reasons.
3.4 The user is obliged to keep his data up-to-date. In the event of changes to previously made information, the user will immediately update the information in his or her user profile.
4.1 The use of the platform is basically free of charge.
4.2 Only upon conclusion of a contract between the users shall the provider be entitled to a claim for remuneration from the provider of the logistics services to the amount shown separately on the platform.
4.3 The aforementioned claim to remuneration arises as soon as a contract regarding the enquiry has been concluded on the basis of the proof or the mediation (if the contract was made via platform and also if the contract was made via phone, mail or in a personal meeting). Causality is sufficient. If the contract is concluded to other than the offered conditions, this does not affect the remuneration claim, provided that the business is economically comparable with the business offered by the service provider or differs in its economic success only insignificantly from the offered business.
5. Access Data
5.1 During the registration process, the user is prompted to enter a username and password. With this data, the user can log in to the portal after activation of the access.
5.2 The access data including the password must be kept secret and must not be made accessible to unauthorized third parties.
5.3 It is the responsibility of the user to ensure that access to the portal and use of the services available on the portal is exclusively carried out by the user or by the persons authorized by him/her. If it is to be feared that unauthorized third parties have gained or will gain knowledge of the access data, the provider must be informed immediately.
5.4 The user is liable for any use and/or other activity carried out under his access data in accordance with the legal provisions.
6. Use of the Services by the User
6.1 The right of use is limited to access to Sharehouse and to the use of the services available on Sharehouse in each case within the framework of the regulations of these terms and conditions.
6.2 As far as this is available as functionality on the portal, the user can create an individual user profile.
6.3 Insofar as this is available as functionality on the portal, the user may post content on the portal and thus make it available to third parties.
6.3.1 Subject to the following regulations: By posting content, the user grants the provider a royalty-free and transferable right of use to the respective content, in particular
- for storing the content on the provider's server and publishing it, in particular making it publicly accessible (e. g. by providing a link to the website, by displaying the contents on Sharehouse),
- for editing and duplication, as far as this is necessary for the provision or publication of the respective contents, and
- for granting rights of use to third parties regarding your contents.
As far as the user removes contents from Sharehouse again, the above granted right of use and exploitation expires. However, the provider remains entitled to retain copies made for security and/or verification purposes. The other users' rights of use already granted by the user to the content posted by the user shall also remain unaffected.
6.3.2 The user is fully responsible for the contents posted by him/her. The provider does not check the contents for completeness, correctness, legality, topicality, quality and suitability for a certain purpose.
The user declares and warrants to the provider that he is the sole owner of all rights to the content posted by you on the portal or that he is otherwise entitled (e. g. by an effective permission of the copyright holder) to place the content on the portal and to grant the rights of use and exploitation according to the preceding paragraph.
6.3.3 The provider reserves the right to refuse the posting of content and/or to edit, block or remove already posted content without prior notice if the posting of the content by users or the posted content itself leads to a violation of 5.3.4 or if there are concrete indications that a serious violation of 5.3.4 will occur. The provider will, however, take into account the legitimate interests of the user and choose the mildest means to prevent the violation of 5.3.4.
6.3.4 The user is prohibited from any activity on or in connection with the portal that violates applicable law or infringes the rights of third parties.
7. Blocking of Entries
7.1 The Provider may temporarily or permanently block the User's access to Sharehouse if there is concrete evidence that the User has violated or infringed the terms and conditions and/or applicable law, or if the Provider has any other legitimate interest in blocking. In deciding on blocking, the provider will take due account of the legitimate interests of the user.
7.2 In the event of temporary or permanent blocking, the provider blocks the user's access authorisation and notifies him/her by e-mail.
7.3 Users providing storage spaces over this online platform allow the platform provider to prove the user's specified data, particularly to match the descriptions qualitatively and quantitatively. This is made for quality assurance. For this, the user grants the provider all neccessary information and if needed in corresponding documents and files as well as access to the offered storage spaces. In the run-up for inspection, the platform provider will announce the inspection and trespass to the warehouse only in company of a user's employee. Visits take place within the official opening hours. These quality audits are in account of the platform provider. If the audits proof that the data provided by the user were not correct the provider reserves the right to delete the user's offer and to deny the user further access to the platform. If any damages are caused to the provider by the user's misrepresentations, the user agrees to reimburse these damages to the platform provider.
8. Liability of the Provider
8.1 In accordance with the statutory provisions, the provider is liable without limitation for damages resulting from injury to life, limb or health, for damages caused by intent or gross negligence, as well as for damages that fall within the scope of protection of a warranty, quality or durability guarantee given by the provider, unless otherwise specified in the respective guarantee agreement.
8.2 The provider is liable for other damages than those mentioned in the previous paragraph, which are based on a slightly negligent breach of essential contractual obligations (cardinal obligations), limited to compensation for foreseeable damages typical of the contract. Essential contractual obligations are those obligations whose violation jeopardizes the achievement of the contractual purpose, whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly trusts.
8.3 Any further liability is excluded.
8.4 Liability according to the product liability law remains unaffected.
8.5 The above limitations of liability shall also apply with regard to the personal liability of employees, vicarious agents, legal representatives and organs of the provider.
9. Data Protection
The provider undertakes to comply with data protection regulations in accordance with the relevant statutory provisions. Further is regulated in a separate data protection explanation, which the user can call up under the following link: Data protection.
10. Final Clauses
10.1 Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, an effective provision shall be deemed to have been agreed upon which comes closest to the economic purpose intended by the parties.
10.2 German law applies.
10.3 Place of jurisdiction and place of performance is Duisburg.
General terms and conditions for the individual advice service
Sharehouse is an online portal for suppliers and buyers of logistic services in the area of warehousing (hereinafter "Users") through which logistics service and storage contracts can be concluded simply and clearly (hereinafter "Storage Contracts"). Service provider is Sharehouse GmbH & Co KG, Schifferstraße 26, 47059 Duisburg, Germany (hereinafter referred to as "Service Provider").
In addition to the online portal, Users may also contact the Service Provider by telephone or e-mail, who will also be happy to provide storage facilities in this way. This form of the switching is subject of these "general trading conditions for the individual consultation".
The service provider himself does not become a party to the storage contract. The storage contract is concluded solely between the users.
1. Scope of application
1.1 For the business relation between the service provider and the users exclusively these terms and conditions apply, in the version valid at the time of the conclusion of the contract, provided that the storage area is not booked over the online portal, but on other way.
1.2 Divergent conditions of the user are not recognized, unless the service provider agrees to their validity expressly in writing.
1.3 The service provider is active only for entrepreneurs in the sense of § 14 BGB, not for consumers. The user is consumer, if the purpose of the efforts of the service provider cannot be attributed predominantly to the commercial or independent professional activity of the user. Entrepreneur is every natural or legal person or legally capable partnership, which acts with the conclusion of the contract in exercise of its commercial or independent vocational activity.
2. Subject matter of the contract
2.1 The service provider will endeavor to determine storage possibilities and, if necessary, additional services in accordance with the demand of the customer. As far as possible he will present one or more storage possibilities to the customer. An investigation or mediation success is not owed.
2.2 The users will conclude contracts for logistic services, which were mediated by the service provider, on the basis of the German Freight Forwarders' Standard Terms and Conditions 2017 (ADSp 2017).
3. Obligations of the Users
3.1 The users themselves are responsible for informing themselves about the creditworthiness and reliability of their potential contractual partners. Should the service provider make statements about the creditworthiness and reliability of the parties, this is done solely as a favor and no claim to accuracy or completeness is made.
4.1 The use of the individual consultation is initially free of charge. Only the usual connection charges of the telecommunications providers apply.
4.2 Only with conclusion of a contract between the users and after rendering of invoice of the offerer of storage places a remuneration requirement develops for the service provider opposite the storage offerer at a value of - as far as nothing deviating is agreed - 10% of the net amount placed in each case in the account of the Nachfrager.
4.3 The aforementioned claim to remuneration arises as soon as a contract regarding the enquiry has been concluded on the basis of the proof or the mediation. Causality is sufficient. If the contract is concluded to other than the offered conditions, this does not affect the remuneration claim, provided that the business is economically comparable with the business offered by the service provider or differs in its economic success only insignificantly from the offered business.
4.4 The camp offerer will communicate to the official supplier with contract beginning, which remuneration was agreed upon. Should a certain billing cycle (monthly, half-yearly etc.) have been agreed, he will also inform about this and send a copy of the invoice sent to the customer to the service provider in each case. Changes in the scope of services must also be notified. If the invoice should contain business secrets, the storage provider is entitled to carry out appropriate blackening as long as it is ensured that the invoice can be assigned and the invoice amount is recognizable.
4.5 The storage provider will inform the service provider in the case of a continuing obligation if and when it was terminated and prove this at the request of the service provider.
4.6 The commission calculation of the official supplier is placed as soon as after receipt of the invoice copy specified in number 4.3 to the camp offerer and is payable within 30 days starting from invoice date, if not differently discussed.
5. Liability of the service provider
5.1 The service provider is liable in accordance with the statutory provisions unrestrictedly for damages resulting from injury to life, limb or health, for damages based on intent or gross negligence, and for damages that fall within the scope of protection of a guarantee given by the service provider, quality or durability guarantee, unless otherwise stated in the respective guarantee agreement.
5.2 For damages other than those mentioned in the previous paragraph, which are based on a slightly negligent violation of essential contractual obligations (cardinal obligations), the service provider is liable under limitation to compensation of the contract-typical foreseeable damage. Essential contractual obligations are those obligations whose violation endangers the achievement of the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies.
5.3 Any further liability is excluded.
5.4 Liability under the Product Liability Act shall remain unaffected.
5.5 The above limitations of liability also apply with regard to the personal liability of employees, agents, legal representatives and organs of the service provider.
The storage provider shall enable the service provider to verify the accuracy of the information provided by him in case of suspicion, in particular as to whether his offer corresponds qualitatively and quantitatively to his description. For this purpose, the storage provider will provide the service provider with information, if necessary grant him access to relevant documents and records and enable him to access the offered storage area. The service provider will always announce himself in advance and only enter the warehouse accompanied by an employee of the warehouse provider. Visits will only take place during normal business hours. Audits are always carried out at the expense of the service provider. Should the service provider be damaged by the misrepresentation of the storage provider, the storage provider will replace these damages.
7. Data protection
The service provider undertakes to observe data protection in accordance with the relevant statutory provisions. Further is regulated in a separate data protection explanation, which the user can call up under the following link: https://www.sharehouse.eu/pages/data_protection.
8. Final provisions
8.1 Should any provision of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic intent of the parties.
8.2 German law shall apply.
8.3 The place of jurisdiction and performance shall be Duisburg.