- The website www.timberbase.com is a website operated by Timber Base GmbH with its headquarter in Berlin, Germany (hereinafter “Timber Base” or “we”)
- Timber Base operates a database and trading platform that is accessible via the internet, in which we list timber products for sale and which can be used for timber and wood products procurement by approved timber buyers (hereinafter “Customer(s)”).
- In addition to operating the Trading Platform, Timber Base performs all additional services related to the purchase agreement, such as processing purchases, handling timber products and documents and, where necessary, organising the transport of, or transporting itself, timber (such handling of timber products, handling of documents and transport hereinafter the “Timber-Trade-Related Services”).
- These Terms and Conditions shall govern the utilization of our website and/or services. By using our website, the respective Customers agree to be bound by these Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time and without giving reasons.
- Any conflicting terms & conditions of a Customer shall not apply.
- The registration is only permitted to buyers and traders of timber and wood products. They can only login as a legal person. The person registering must be authorized to make an application for the participating Customers.
- Timber Base decides after receiving the application, in its sole discretion, if the Customer gets access to the trading platform. The acceptance of the application is received by the Customer via email.
- As part of the application and in the further course of the business relationship Timber Base is entitled at any time to require the submission of a current commercial or industrial registration certificate and other documents or information as may be required for an appropriate application. From foreign merchants comparable evidence or documents are required.
- If the data given changes after the application, the participating Customer is obliged to inform Timber Base. The information may only be given in writing or by email.
- The Customer must keep his password secret and secure his access carefully. He is also obliged to inform Timber Base immediately if there is evidence that his data will be collected and used by third parties.
- The Customer is liable for all activities that occur under his access. If the user is not responsible for the misuse of his access, because a violation of the due diligence is not present, then he is not liable.
- Timber Base may take a variety of measures if there are specific indications which suggest that a Customer breaches statutory provisions, third-party rights or these terms and conditions, or if Timber Base has any other legitimate interest, in particular in the event that a Customer is in default of payment (Zahlungsverzug) in the context of a timber and wood product deal with Timber Base or an affiliated company of Timber Base.
- The measures include issuing a warning to Customers or blocking them temporarily or permanently. In its choice of which measure to apply, Timber Base will take into account the legitimate interests of the affected Customer.
- Customers have the right to use the provided online catalogue and make the individual records on their screen visible. Furthermore, Customers have the right – for permanent visualization – to create a print under these terms and conditions. In addition, the Customer can request offers for individual timber products. Activities of Customers which are aimed to make our service disfunctional or complicate its use are prohibited.
- A Customer may not without our express written consent systematically extract and / or reuse parts of our service. In particular, Customers are not allowed without the express written consent of Timber Base to use data mining, robots, or similar use of any data gathering and extraction programs to extract any substantial parts of our service for reuse.
- The linking, integration or any other link in our service without express written permission is prohibited. Presentation and functionality of the service can vary by type of access – for example, via internet or via mobile application. The right to use the service and its functions is only possible within the context of the current state of the art.
- Trading platform is separated in “On demand” and “In stock” products. Only “In stock” products show a price based on our database and the Customers settings. Additionally a price in a secondary currency is shown. All prices shown on the Timber Base Platform are for information only and are an invitation to communicate interest for a specific product by the Customer.
- Once the Customer has indicated his interest in timber product(s) on the platform, Timber Base will approach him and prepare a binding contract. Only prices on specific offers from Timber Base are binding.
- All products displayed under section “In stock” are based on limited stock quantities which are sold on first come first basis.
- Prices displayed on the Timber Base Platform include freight costs to selected port of destination and incoterm by the customer. This freight costs are subject to constant changes on a monthly basis as well as due to changed prices of shipping lines eg IMO 2020, fuel surcharges etc.
- We do not give any warranty (Gewährleistung) for the absence of technical defects, in particular for the continuous and uninterrupted availability of the website or for the error-free display of the contents entered by the User.
- In the event that the service offered is not accessible, the Customer may contact his sales representative.
- The protection of personal data and privacy of Customers of our trading platform is taken very seriously by us. To ensure maximum protection, it is natural for us that we comply with all legal regulations in the field of data protection.
- Personal information is information that can be assigned to a user individually. This includes, for example, the e-mail address or telephone number of a user if appropriate. Through our website, we collect personal data if this will be provided by the Customer.
- We use this information, to the extent necessary to provide our services to the Customer. This includes sharing data with third parties like logistics companies and payment providers. A promotional use of the data is done solely for the purposes of self-promotion (including the recommendation advertising) by us or affiliated companies. We use Customers e-mail address to provide Customers with similar products or services of Timber Base or affiliated companies.
8. Limitation of Liability
- We always try to ensure that the services of Timber Base are without interruptions, available and error free. By the nature of the Internet, however this can not be guaranteed. Also, Customers access to our Website may occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new services. We try to limit the frequency and duration of any temporary interruption or limitation.
- In the course of using our site and services we accept unlimited liability for damage caused intentionally or gross negligence by Timber Base or through their legal representatives, employees or vicarious agent. In cases of slightly negligent breach of contractual obligations Timber Base shall not be liable. Moreover, the liability for damages caused by carelessness is limited to those that can be expected to arise typically. The liability to the direct average damage is limited.
- The foregoing limitations will not apply to damages arising from injury to life, body or health, and for other damages based on malice. Where the liability of Timber Base is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
9. Copyright and Use Rights
- All trade marks, logos, text, images and other data on our website are subject to copyright. By using our website, Customers have no rights to use this information. The change, further processing and use in media of any kind is strictly prohibited. A further use is possible only with prior written consent from us.
- The unauthorized use of our information, as well as the logos or trademarks of third parties, which are shown on our website violate our rights or the rights of others and is not permitted.
Should any provision in these terms and conditions be or become invalid, then this shall not affect the legal validity of the remaining provisions. Instead of the invalid provision, a valid provision shall be deemed to have been agreed which most closely reflects, in commercial terms, what was intended by the parties.
11. Applicable Law and Place of Jurisdiction
The laws of the Federal Republic of Germany shall apply to the exclusion of all other laws. Place of performance and place of jurisdiction shall be Berlin. (Germany).