General Terms and Conditions of Wood-Contact GbR

§ 1 Scope of Application, Term Definitions

(1) Wood-Contact GbR operates a Platform on the Internet under the domain names www.wood-contact.com,  www.wood-contact.de, www.woodcontact.de, www.wood-contact.at, www.woodcontact.at, www.wood-contact.ch and www.woodcontact.ch, making it possible for wood suppliers to present themselves on the Platform in order to make potential customers aware of their products. The customer can use the Platform to search specifically for the desired wood products. Members of the Platform may thus be both wood suppliers as well as wood customers.

(2) Members may only be entrepreneurs in the sense of § 14 BGB [German Civil Code]. Consumers in the sense of § 13 BGB are excluded from registering as Members.

(3) These General Terms and Conditions apply to all commercial relationships, including future ones, between the Member and Wood-Contact GbR. Any differing, contradictory or supplementary terms and conditions (including, e.g., terms of purchase or sale) of the Member are not part of the contract unless such terms are expressly agreed to in writing during formation of the contract. Any standard-form references to the Member's terms and conditions are expressly rejected.

§ 2 Formation of Contract

(1) Use of the Platform is possible only under the terms of a User Agreement.

(2) By filling out and submitting the registration form on the Platform, the Member makes a binding declaration of his intent to conclude a contract with Wood-Contact GbR  for the use of the Platform. Wood-Contact GbR will confirm acceptance of the offer via email.

(3) The Member agrees to provide only truthful personal or business information during the registration process, and to keep the same current at all times. The Member shall, upon request and at his own cost, give the Provider appropriate proof of his capacity as an entrepreneur, as well as any evidence of representative authority within the company.

(4) The scope of services is specified in the Package Overview. The Member may select from among three different Packages.

§ 3 Prices

(1) Limited use of the Platform is available to Members at no cost (Standard Package). In addition, there are two paid packages (Classic Package and Premium Package). Prices are configured according to the Package selected. The scope of services and the corresponding prices are presented on the Platform, specifically during the ordering process. All prices quoted are understood to be exclusive of the VAT.

(2) Prices must be paid in advance, and may be paid using the payment procedure accepted by Wood-Contact GbR.

(3) Should Wood-Contact GbR change the prices for use of the Platform, it will so notify the Member in text form. Should the Member object to such price increases, then he shall have the opportunity to cancel the contract according to § 6 of these General Terms and Conditions, and the Provider may not demand the increased prices prior to termination of the Contract. Any such cancellation may only be made with a four-week period following receipt of notification from the Provider. The Provider shall furthermore inform the Member regarding the consequences of failure to object to such notification.

§ 4 Provision of the Platform

(1) Wood-Contact GbR shall provide a Platform to the Members on which they can introduce their business and the products they offer, and thereby receive inquiries from interested visitors.

(2) Wood-Contact GbR shall make the profiles of the wood suppliers available on the Platform for retrieval by potential customers. Conclusion of contracts between wood suppliers and customers shall not be a part of the Wood-Contact GbR Platform, but shall be the responsibility of the contracting parties themselves.

§ 5 Members' Duties

(1) The Member shall keep his login data secret and shall immediately inform Wood-Contact GbR as to the loss or misuse of the login data. The member is not authorized to make login data available to third parties.

(2) The Members (suppliers) grant Wood-Contact GbR an unlimited and perpetual license for all known forms of use of the content made available on the Platform by each respective Member.

(3) The Members (suppliers) shall provide only factually correct and legally allowable information on the Platform. In particular, the suppliers shall not advertise in an anti-competitive manner on behalf of their companies. The Member guarantees Wood-Contact GbR that information provided by the Member on the Platform does not violate the rights of any third party, and that the Member owns all necessary rights, in particular intellectual property rights and copyright.

(4) The Member shall hold Wood-Contact GbR harmless from third-party tort claims, as well as from all costs related to the Member's violation of these General Terms and Conditions. This shall include the reasonable costs of legal action.

§ 6 Term, Termination

(1) Contracts for use of the Platform shall always be concluded for a one-year term. They shall be extended for a further one year unless terminated in text form with four weeks' notice prior to expiration of the Contract.

(2) The foregoing shall not include termination on a material ground. Material grounds for Wood-Contact GbR shall particularly exits where a Member culpably breaches significant duties under the User Agreement or these General Terms and Conditions.

(3) Any termination shall only be effective if delivered in text or written form.

§ 7 Warranty

(1) The Member shall have recourse to statutory warranty rights in the event of defectiveness of the Platform provided.

§ 8 Liability

(1) The Member's tort claims are precluded. The foregoing shall not include the Member's tort claims arising from damages to life, body, health, or from breach of material contractual duties (cardinal duties), including liability for other damages based on the intentional or grossly negligent breach of a duty by the Provider, its legal representatives, or agents. Material contractual duties are those the fulfillment of which is required in order to achieve the purpose of the Contract.

(2) In the case of a breach of material contractual duties, Wood-Contact GbR shall be liable only for foreseeable damages typical for the kind of contract, if the same were caused by simple negligence, unless they are for Member's tort claims arising from damage to life, body or health.

(3) The limitations of Paragraphs 1 and 2 shall also apply on behalf of the legal representatives and agents of Wood-Contact GbR, if claims are asserted against them directly.

§ 9 Right to Make Amendments

(1) Amendments to these General Terms and Conditions shall be published on the Platform . The Member shall be notified in text form of any amendments to these Terms and Conditions which do not fall under Paragraph 1. Amendments shall become effective unless the Member objects to the relevant amendments within a four-week period following receipt of the notice of amendment.

§ 10 In General, Final Provisions

(1) The Law of the Federal Republic of Germany, excluding the CISG, shall apply to contracts between Wood-Contact GbR and the Member.

(2) Jurisdiction for all disputes arising from contractual relations shall be the domicile of Wood-Contact GbR (Rottweil).

Version: 4/21/2013