Terms of Service for plentyMarketplace

1. Scope of Validity

   1. These Terms of Service in their revision valid at the time of the customer’s/user’s order govern the contractual relationship between plentymarkets and users ordering plugins for the “plentymarkets” software (called Software in the following) via the platform provided by plentysystems AG (plentyMarketplace). A project board is also provided via the platform.

   2. Furthermore, the conditions govern the contractual relationship between clients/users and the creator and vendor of a plugin.

   3. The conditions also regulate the use of plentyMarketplace as part of a project board. This means that providers in the areas of design and consulting for the plentymarkets software can present themselves and advertise and offer their services in the plentyMarketplace. Users can also place requests for providers to implement a project described there.

   4. Users are already customers of plentysystems AG or of plentymarkets Ltd. and use the plentymarkets Software. These conditions apply in addition to the Software Terms of Service. Users’ Terms of Service do not apply, not even if plentymarkets or the vendor do not explicitly contradict the users’ Terms of Service.

   5. The Terms of Service apply to the purchase of plugins for the Software. The plugins extend the plentymarkets Software but are not part of it; they are not programmed by plentysystems AG or plentymarkets Ltd. and only supplied by plentysystems AG on behalf of the respective programmer/vendor.

   6. plentysystems AG assumes no responsibility for the content provided by the provider or services provided by the provider.

   7. plentysystems AG may also be the provider of offered services. The plentyMarketplace terms and conditions are therefore in effect in addition to the terms and conditions of the plentymarkets software. The delivery of the agreed upon services in this context ensues independently from the main obligations of plentysystems AG

2. Contract conclusion

   1. The contract is concluded with the plugin supplier. plentysystems AG provides the platform for suppliers. Plugins can only be purchased by customers who are already customers of plentysystems AG or plentymarkets Ltd. and use the plentymarkets Software. Since they are plugins for usage within a plentymarkets system, the provider excludes the offer for separate usage without the Software.

   2. The user may select the desired products and services on the website. Then, the user is shown an overview for purchasing the plugin. By clicking “Order with costs”, “Order” or “Buy now”, the customer submits a binding offer.

   3. plentysystems AG accepts the user’s offer for and on behalf of the supplier and submits this order to the supplier including all information required for its fulfilment.

   4. Before submitting the binding offer, the user may check the order for correctness, especially regarding pricing and quantity, and correct the order if necessary by deleting from the shopping cart or editing. This way, the user can fix any typing/input errors. The customer may also cancel the order by just closing the browser window.

   5. After submitting the order, the user will receive a submission and order receipt.

   6. The purchase process is linked to a plentyId. The plentyId is an exclusive ID for a plentymarkets tenant. The plentymarkets tenant is equal to a shop.

   7. Upon contract conclusion and on the plugin details page, the supplier and their contact data are displayed and listed.

   8. The supplier may also provide plugins for free.

   9. A rental/subscription can be offered for the use of a plugin and can be seen from the service description.

3. Plugin delivery

   1. Plugins are directly delivered into the plentymarkets system using its account and for the plentyId the customer used when purchasing the plugin.

   2. In order to be able to receive a plugin, the user will log into their plentymarkets system and navigates to Plugins. On this page, there is a button for installing all purchased plugins. The plugin will only be available after the payment process has been completed.

   3. Purchase of the plugin is linked to the customer’s/user’s plentyId. Installation and usage is only possible through the shop/plentyId of the user who purchased the plugin.

4. Licence

   1. The supplier is owner of the copyright and of additional industrial property rights for the plugin and reserves all rights to the plugin, to the extent that they have not been explicitly granted to the customer in these Terms or by an additionally agreed open-source licence.

   2. After compensation payment, the user gains the non-exclusive right to use the plugin in his plentymarkets system.

   3. The user is especially forbidden to copy and/or extract the plugin from the system. It is forbidden to copy, rent or lease the plugin as a whole or in part, to compile, edit or otherwise adapt the software, to sub-licence or present the plugin wired or wireless in public, including publication in a way that it is made accessible to the public in places and at the time of their choice. Furthermore, the user is forbidden to decompile, disassemble or reverse engineer the plugin, unless the user is allowed to do so according to applicable obligatory copyright laws.

   4. All rights to the Software’s source code are reserved exclusively by the supplier. The user may not make any claims to access the source code or request a copy of the source code. § 69e Urheberrechtsgesetz (German copyright law) remains unaffected.

   5. The licence is not transferrable.

   6. Removal of watermarks, labels or any other legal or proprietary notices in plugins is forbidden.

   7. If plentysystems AG or plentymarkets Ltd. is allowed to terminate the contractual relationship to the user with or without notice, the user is not entitled to any payback or compensation claims towards the plugin supplier.

   8. If the user violates these Terms of Service, his rights within the licence are terminated immediately.

   9. The user purchases the plugin only in the version current at the time of purchase, the version executable with the Software version that is current at this time.

   10. The user may not make any claims for plugin maintenance. He has no claims for the plugin to be compatible with newer versions of plentymarkets, provided that the supplier does not make any explicitly contradicting statement.

   11. For a free plugin order, the supplier may choose to distribute the plugin under a free licence (like AGPL). In this case, the terms of such licence override the Terms of this agreement.

   12. If plugins are provided as a rental/subscription model, they can only be used as long as the contract remains in effect.

5. User obligations

   1. For using the plugin, the user needs the plentymarkets Software that fulfils the respectively applicable system and compatibility requirements for the plugin. In addition, usage requires a working Internet access and compatible access software (browser). These factors may have an impact on your ability to use the plugin and on its functionality. The user is responsible for fulfilling these system requirements.

   2. For usage, third party costs and fees may incur. The user should keep in mind that inliidual plugins may incur functions with service providers connected by you (shipping providers, sales platforms etc). The user is responsible for any such fees.

   3. The plugin supplier can require updates to be installed for continued usage of the plugin. Using the plugins installed by the user requires him to accept receiving such updates and to ensure they are performed. In order to avoid critical security issues, the user agrees that the plugins may be disabled or updated automatically.

   4. The user is obliged to store the login credentials in a safe manner so that unauthorised access or unauthorised usage including unauthorised usage of plugins is prevented. Unauthorised usage includes violations against the Software Terms of Service.

   5. The user may not circumvent technical measures to protect the plugins. This also includes copying and linking the plugin to plentymarkets systems for which the plugin has not been purchased and therefore licenced.

   6. After plugins are available in the user’s plentymarkets system, the user should immediately check these plugins as to whether they have been integrated correctly and may be used as advertised. For errors, feature issues or deficiencies, the user should immediately contact the plugin supplier.

6. Compensation, payment terms, exclusion of set-off

   1. The current prices listed in plentyMarketplace apply. All pricing appears in Euro – unless a different currency is explicitly mentioned – as net amount excluding value-added tax. Unless stated otherwise, the prices refer to the pictured and described plugins – errors and printing or typing errors reserved.

   2. Thereby, payments are processed for and on behalf of the supplier. plentysystems AG accepts payments on behalf of the plugin provider.

   3. Invoices are paid using the payment service provider PayPal. Additional payment methods are only offered on explicit notice in plentyMarketplace.

   4. In case the payment process fails or is reversed later, plentymarkets may suspend the plugin on behalf of the supplier. The user agrees to such suspensions that he can revoke by immediate payment.

   5. The user receives an invoice statement in digital form at most 14 days after payment is received.

   6. A set-off by the customer is excluded, unless the customer’s counterclaim is undisputed or recognised by declaratory judgement.

7. Warranty

   1. The user may not make any warranty claims

   • for unintended or abusive usage of the plugins, or

   • if he modifies or alters the plugins without prior written agreement by the supplier, or

   • if issues or errors are caused by using the plugins with programmes that are incompatible with the plugins, unless the customer proves that the deficiency is caused by the software itself.

   2. If the user is entitled to a compensation or payback of wasted efforts due to warranty, they are subject to the disclaimer in the following section.

   3. If a plugin is provided free of charge, this is considered a gift of the plugin in the version current at the time of the gift. The user should keep in mind that legal liability for gifts is lower than for purchases.

8. Concluding a contract for services

   1. The contract is concluded with the provider. plentysystems AG provides the platform for providers.

   2. The user can select the desired services by clicking on the website. The user will then be shown an overview to book services. By clicking "Order with fee", "Order subject to payment" or "Buy now", the customer makes a binding offer.

   3. plentysystems AG accepts the offer of the user for and on behalf of the provider and transmits the order with all necessary information to the provider for implementation.

   4. Before submitting the binding offer, the user is allowed to check the order for correctness, in particular price and content, and if necessary correct it by deleting it from the shopping cart or changing it. The user can thus correct any input errors. They can also cancel the order completely by closing the browser.

   5. After submitting the order, the user receives a receipt and an order confirmation.

   6. The contract signing page and the page showing the service name the provider and provide contact data. The provider receives the client"s contact details and the information about the contract.

9. Booking the service

   1. The service is provided by the provider. To claim the service, the contracting parties contact each other directly. Contact can be made by both parties via the contact details communicated.

   2. If the provider provides a calendar or other tool for order processing and/or provision of the service, he can regulate that the customer must use it.

   3. The user is hereby informed that the provider may not offer services offered in the plentyMarketplace outside the plentyMarketplace.

10. Obligations of the user

    1. The user is obliged to support the provision of services. He must provide the provider with the information required so that the agreed services can be provided.

    2. The services provided can, for example, trigger additional costs and fees from third parties or plentymarkets due to additional settlement and booking processes. Any such fees are the responsibility of the user.

    3. The user is obligated to keep the access data secure so that unauthorised access or prohibited use, including the inadmissible use of plugins, is prevented. It is also considered inadmissible use if the terms of use of the software are violated.

11. Remuneration, terms of payment, prohibition of offsetting

    1. The current prices listed in the plentyMarketplace apply. Unless otherwise stated, all prices are net amounts in Euro excluding value added tax. Unless otherwise stated, the prices – except in case of errors and printing or typographical errors – are based on the specific performance shown and described.

    2. Billing is carried out for and on behalf of the provider. plentysystems AG accepts payment on behalf of the provider.

    3. The invoice is settled by the payment service provider PayPal. Further payment options are only offered if this is explicitly stated in the plentyMarketplace.

    4. The user will be issued and digitally provided with a receipt no later than 14 days after receipt of payment.

    5. Offsetting by the client is prohibited unless the client"s counterclaim is undisputed or legally determined.

12. Guarantees for services

    1. The statutory performance and warranty rights apply.

    2. These Terms and Conditions do not specify whether a service contract, work contract, or other type of contract is entered into with the provider. This will be determined by the specific contractual relationship and the provider"s service description. The contractual relationship must be carried out according to applicable law.

13. Project board

    1. plentymarkets would like to bring service providers and users together. As part of the project board, access to the data, offers and requests of users and service providers is made possible. This access is provided to all users of plentymarkets.

    2. To be accepted to the project board, service providers must have been confirmed as suitable and qualified by plentymarkets and have accepted the Partner Business Conditions. No liability and/or warranty obligations are accepted for their services by plentymarkets.

    3. Users and service providers provide their own contact data for their requests and offers. The user or service provider then uses them to make direct contact with potential contractual partners. The contract is concluded directly between the parties subject to the conditions they themselves determine.

    4. The conditions for placing an offer or a request are defined in the Partner Business Conditions. The user/service provider must accept these conditions when placing a project on the project board.

14. Liability

    1. The supplier is not liable for any damages, delays or hindrances of performance that are external to the supplier’s area of responsibility.

    2. plentysystems AG is only the platform operator for purchasing the plugins. Regarding plugins, plentysystems AG is not the supplier (unless explicitly stated otherwise).

    3. The supplier is not liable for any damage resulting from inappropriate, improper or unintended usage of the plugins.

    4. Regardless of any legal reasons, the supplier and plentysystems AG are only liable for damages caused intentionally or grossly negligently, and for cases of culpable damages of life, body or health, or for culpable violations of significant contractual main obligations or major obligations, and in cases of non-fulfilment of a warranty or if a deficiency was fraudulently concealed. “Major obligations” according to this provision are obligations of a contract partner of which the fulfilment makes the proper execution of the contractual relationship between the parties possible, of which the violation endangers the contract purpose and of which the compliance is ordinarily trusted by the user.

    5. In case of violations of significant contractual main obligations or major obligations resulting from simple negligence, the liability of the supplier and of plentysystems AG is limited to the typically foreseeable damage.

    6. Additional supplier and plentysystems AG liability is excluded. Liability according to the German Produkthaftungsgesetz (product liability law) remains unaffected by these Terms of Service and Licensing.

15. Intellectual property

    1. Within the framework of the plentyMarketplace, plentymarkets provides the possibility of reporting potential violations of intellectual property (trade mark law, copyright, patent right etc.). Reports can be sent to the following email address: ip-infringement@plentymarkets.com

    2. Only persons holding the respective intellectual property or right are authorized to report violations. Within a report, right holders are expected to explain and justify the violation of their rights. plentymarkets is not obliged to process unsubstantiated reports. Reports are generally processed within 48 hours on workdays.

    3. Upon receipt of a report, plentymarkets is authorized to stop providing the service or software in question either temporarily or permanently. While examining the report, plentymarkets will contact the possible violators of intellectual property and give them the opportunity to make a statement. Violators are obliged to provide their statement and send it to a previously provided email address within 72 hours on workdays. The provision of the respective service or software offered by the violator may be paused during that time.

    4. Within one week, plentymarkets will decide whether the service or software in question is suited for publication in the plentyMarketplace. plentymarkets may extend this period by up to three days if it rates the review process as highly complex.

    5. Once the reported violation of rights has been rectified, the service or software may be once again released in the plentyMarketplace.

    6. Please note that plentymarkets has no influence on offers from third parties. Thus, the possibility of reporting rights violations as outlined above is a mere service offer. The decisions made by plentymarkets follow the standards of the respective applicable laws in Germany. The possibility of reporting rights violations is intended to guarantee the reliability and integrity of the platform. It does not replace state jurisdiction.

16. Privacy

    1. plentysystems AG respects legal privacy provisions. Privacy provisions can be accessed via www.plentymarkets.co.uk/company/legal-disclosure. The supplier himself is also obliged to comply with legal privacy provisions and may provide his own statements, if required.

    2. The user should keep in mind that his data are also forwarded to the respective plugin supplier for processing plugin purchases.

17. Applicable law, place of jurisdiction, contract language

    1. The contractual relationship between the parties as well as any disputes resulting from this contractual relationship or in relation with it are subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    2. If the user is a business, a legal entity under public law or a special fund under public law, place of jurisdiction for all disputes from contractual relationships between the user and plentymarkets is Kassel.

    3. The contract language is German. An English translation of these conditions is supplied for information purposes only. When applying the conditions and inliidual clauses, only the text in German is binding.

18. Severability clause
    Should one or more provisions of these Terms and Licencing Conditions be or become invalid in whole or in part, this shall not affect the effectiveness of the remaining provisions.

Please note our other terms and conditions

Partner-Terms and conditions of the Plugin-Shop Marketplace

Terms and conditions of plentysystems AG