Terms of Use for the www.dms-logistik.de platform

As at 30 October 2019
 

Preamble

DMS – Deutsche Möbelspedition GmbH & Co.KG (hereinafter referred to as the ‘Operator’) provides users with an online platform at the URL www.dms-logistik.de (hereinafter referred to as the ‘Platform’). The Platform offers interested parties (hereinafter referred to as ‘Users’) the opportunity to obtain non-binding information on the Platform regarding the terms, conditions, prices and dates for a potential move. Users may also use the Platform to reserve a potential date for their move. Use of the Platform is free of charge for Users.

Contracts for removals are not awarded via the Platform, but exclusively through the direct conclusion of a contract between the parties via personal contact, by telephone, email or in writing. In addition to the removal contract, the General Terms and Conditions of DMS Deutsche Möbelspedition GmbH & Co. KG, the latest version of which is available on the website linked to the platform, apply to the execution of the contract.
 


1. General Provisions

  1. These Terms of Use apply to the use of the internet platform of DMS Deutsche Möbelspedition GmbH & Co. KG. The platform is accessible online at www.dms-logistik.de
  2. These Terms of Use are agreed between the respective user of the platform and the operator upon accessing the platform on the internet.
  3. The user’s own terms and conditions shall not apply alongside these Terms of Use. Any reservations, stipulations or conditions on the part of the user shall be non-binding even if the operator does not expressly object to them.
  4. Users of the platform within the meaning of these Terms and Conditions may be either businesses within the meaning of Section 14 of the German Civil Code (BGB) or consumers.
  5. The operator reserves the right to amend or supplement these terms. The operator will inform users of any forthcoming changes by means of an explicit notice on the platform.
  6. Individual declarations, additions and amendments to this agreement must be in writing to be valid.
  7. Users or senders and the operator of the platform are hereinafter collectively referred to as ‘the parties’.
     


2. Subject matter of the contract

  1. The operator makes the platform available to users for their use, including all the functions described below. The scope of use is set out in these terms and conditions. For the purposes of fulfilling the platform contract, the operator may engage other companies as vicarious agents
  2. Following successful free registration, the platform offers users the opportunity to specify various details and criteria regarding a potential move via the input form, such as the collection point and delivery point (both exclusively within Germany), as well as the items to be moved, in particular their dimensions, weights and quantities. Users may also specify time frames and provide further details regarding the items to be moved and the location of the flat.
  3. Furthermore, the user can enter dates for the move and choose between fixed dates or a time period within which the move is to take place. They may also reserve a specific date, without, however, thereby already concluding the removal contract or making a booking that entitles them to performance and execution.
  4. In addition, verification of the transport volume is required; otherwise, the reservation offer will become invalid. Verification takes place following an appointment arranged with DMS Deutsche Möbelspedition GmbH & Co.KG and must be carried out by the user within the following timeframes once the reservation has been made:
    • On the same day or by the following working day at the latest, if there are fewer than 10 days until the planned removal date.
    • Within 1 working day, if there are between 10 and 20 days until the planned removal date.
    • Within 3 working days, if there are more than 20 days until the planned moving date. These deadlines apply even if DMS has not carried out verification, despite the user having been asked to do so or having booked a verification appointment in the DMS online calendar.
  5. Provided that the registered user has entered the requested data completely and correctly, the calculated (subject to change) price estimate for the potential move will appear in a display field.
     


3. Scope of the right to use the platform

  1. The operator grants the user a non-exclusive, time-limited, non-transferable right of use for the platform, restricted to Germany. The user is not authorised to grant sub-licences. The right of use includes, in particular, the use of the content stored on the platform. The scope of the right of use is governed by this agreement. This platform is operated using servers connected to the internet, which are accessible exclusively via an online connection.
  2. The user must enter data truthfully and in full. The user must delete outdated data without delay. The operator reserves the right to delete data entries that do not meet these criteria or the requirements set out in clause 3, paragraph 4.
  3. The right of use granted applies only to the entry and retrieval of relocation-related data within the scope of the operator’s ordinary business operations.
  4. Use of the platform, in particular for the following purposes or content, is therefore prohibited:
    a) Unsolicited messages, such as spam, mass enquiries, general advertising and offers.
    b) Illegal purposes, false information, deception or misleading statements, and the infringement of rights, such as personal rights, intellectual property rights or the privacy of third parties.
    c) The creation of data collections, in particular those that enable the creation of a profile of another user.
    d) The entry of programme code that affects the functionality of a device or this software.
    e) Content that hinders, harasses or causes harm to the operator or third parties, such as other users, for example through calls for boycotts, chain letters, stalking, threats, insults, defamation, discrimination, expressions of hatred, damage to business, statements of a sexual nature, or depictions of brutality, violence or nudity.
    f) Content that contravenes applicable law or public decency, or which the user is not authorised to transmit.
  5. Data provided by the platform may only be extracted using the existing export or print function. Automated use of the platform, whether via an interface, third-party software, scripts or other tools that deviate from the standard of commercially available browsers such as Chrome™, Firefox® or Internet Explorer, is prohibited.
  6. The operator reserves the right to terminate a user’s connection to the user platform and to delete data if this prevents or puts an end to a breach of applicable law or public morality. The same applies if the integrity of the software, an application or the user platform as a whole is technically jeopardised by the user.
  7. If the user fails to comply with any of the contractual obligations or is in default of remedying any other breach of contract following a formal notice, the operator shall be released from its obligation to perform. In any case of a culpable breach of contract, the user shall in any event compensate the platform operator or third-party users for any loss incurred.  


4. The Operator’s Rights of Use in Respect of the User’s Uploaded Data

  1. For their part, the user grants the operator a right to the data provided by them (household goods, dimensions and weights, contact details, location information, as well as details of the flat, access to the flat or house, any photographs, etc.). This right of use is limited in time to the duration of the user agreement. It is a right, unrestricted by geographical location, to process the data and information on the platform and to share it with the Operator’s agents via the platform or to pass it on to third parties involved in the performance of the contract. Further details are set out in the privacy policy, which is also available at www.dms-logistik.de/datenschutz.
  2. The user declares and warrants to the operator that they are the owner of all rights to the content and data they upload to the portal, or are otherwise authorised to do so (e.g. by virtue of valid permission from the rights holder). to upload the content to the portal and to grant the rights of use and exploitation in accordance with the preceding paragraph. This applies in particular to uploaded content and contact details. Should the user infringe the rights of third parties, the operator shall be indemnified against all claims arising therefrom by third parties.
     


5. Access to the platform and general rules of conduct, communication and information via the platform

  1. The user is responsible for ensuring technical access to the platform. Access is provided exclusively via remote access over the internet. The user may only access the platform using standard internet browsers and must not do so automatically.
  2. Under this agreement, the operator is obliged to ensure that the platform is available 97 per cent of the time per year during operating hours (on weekdays, at least between 06:00 and 21:00). The period on Sundays between 00:00 and 04:00 is expressly not considered an operating hour and, as a general maintenance window for the platform, is excluded from the calculation of the 97 per cent referred to in the first sentence of this paragraph.
  3. Furthermore, periods during which the servers used by the operator are unavailable due to technical or other reasons beyond the operator’s control are excluded from the availability calculation, or during which the operator carries out unscheduled maintenance work on the servers necessary to maintain the contractual service, during which disruptions to access may be unavoidable given the current state of the art.
  4. The selection, procurement and use of the necessary hardware, software and remote data connections shall be carried out exclusively by the user and at the user’s own risk.
  5. The operator is entitled to make changes to its products as part of their further development and optimisation, provided that this does not restrict their essential performance characteristics.
  6. The operator shall verify the information and documents provided by users. It reserves the right to reject individual users without giving reasons.
  7. The operator may send the user notifications via the platform by email regarding offers, messages received or transactions, provided the user consents to this. The operator is also entitled to inform the user about specific updates to the scope of services and current offers via the platform’s contact details during the period of use.
     


6. Fees

  1. Use of the platform is generally free of charge for users.
  2. It is only upon the actual booking of a removal outside the platform that mutual claims arise for the parties from the removal contract concluded by analogy. The price quote displayed on the platform is merely an initial estimate, which is non-binding and must be verified through direct contact.
     


7. Equal Treatment, Sub-licences, Intellectual Property Rights

  1. The software provides the user with access to the platform alongside other users, without any entitlement to preferential treatment over other users.
  2. This licence agreement does not authorise the granting of sub-licences or the transfer of data or usage rights obtained through the software to third parties, and in particular does not authorise the use of the software for the user’s own IT-related intellectual property rights. The software and its source code are protected by copyright. The software remains the property of the operator. The software may contain code that is the intellectual property of third parties, together with references thereto, possibly via links. This code is licensed to the user on the basis of licence agreements or provisions of the respective third party. The user accepts the validity of these licence agreements or provisions.
  3. The user has no entitlement to ongoing technical consultancy regarding the software, to the subsequent provision of updates or further data carriers, and, in particular, no right to the source code, nor to reverse-engineer, disassemble or modify the software. The user is prohibited from using the licensed software for further software development, modified versions or for the production of copies for the benefit of third parties, including other users.
     

 


8. Data Protection

The operator’s privacy policy, which is available via the platform at www.dms-logistik.de/datenschutz, applies to the use of the platform.
 


9. Warranty and Liability for Use of the Platform

  1. Each user shall verify the accuracy of the data and information transmitted with due care.
  2. The operator does not guarantee that a message or notification sent via the platform will reach its destination or will be, or can be, received and read by the intended user. Similarly, the operator cannot guarantee that the person specified as the sender or recipient of a message or notification is in fact the same as the person sending or receiving it.
  3. The operator guarantees only that the platform is suitable for use to the agreed extent. In particular, the operator accepts no liability for the timeliness, accuracy and completeness of the data uploaded by users, nor for the compatibility of the platform with the user’s IT environment or with any remote data connections used.
  4. The provision of hyperlinks and the information on third-party websites accessible via hyperlinks from the operator’s homepage do not form part of the contractual services. Nor are they intended to describe the contractual obligations in greater detail. The hyperlinks provided and the pages accessible via these hyperlinks are not monitored on an ongoing basis; consequently, the operator accepts no liability for their content or accuracy.
  5. The user indemnifies the operator against all liabilities arising from the user’s failure to use the platform in accordance with the terms of this contract.
  6. The risk of non-transmission or incorrect transmission of data passes to the user as soon as the data has left the operator’s sphere of control.
  7. The limitations or exclusions of liability in this contract for damages suffered by the user shall not
    apply a) in cases of intentional or grossly negligent conduct on the part of the operator or its vicarious agents,
    (b) in the event of a culpable breach of a material contractual obligation by the operator or its vicarious agents which jeopardises the achievement of the purpose of the contract,
    (c) in the event of the operator’s liability arising from fraud or the granting of a guarantee,
    d) the Operator’s liability under mandatory law, such as the Product Liability Act; or
    e) statutory liability for injury to life, limb or health caused by the Operator or its vicarious agents.
  8. The Operator’s liability shall be limited to the damage typical for this type of contract and foreseeable at the time the contract was concluded, provided that the User is a trader within the meaning of Section 13 of the German Civil Code (BGB):
    a) in the cases referred to in 7(a), in the event of gross negligence on the part of ordinary agents; in the cases referred to in 7(b), in the event of ordinary negligence.
    b) In the cases set out in clauses 7(a) and (b) above, the Operator shall only be liable for the loss of data or programmes and their restoration resulting from the use of the platform to the extent that such loss could not have been avoided by the User taking appropriate precautionary measures, such as regular data backups.
  9. The liability of DMS Deutsche Möbelspedition GmbH & Co.KG in connection with the provision of removal services to the user is governed exclusively by the removal contract concluded by analogy and the General Terms and Conditions (GTC) published on the platform in their currently valid version.
     


10. Term of the Agreement, Right of Termination, Licence Term

  1. This Terms of Use Agreement is entered into for an indefinite period. The user may terminate this agreement at any time without notice by notifying the operator; however, this may not be done whilst ongoing removal orders are being carried out, as the operator is then reliant on the data provided by the user.
  2. Furthermore, either party is entitled to terminate this contract without notice for cause if there is good cause. Good cause for extraordinary termination by the operator shall be deemed to exist in particular if
    a) the user becomes insolvent or is at risk of insolvency,
    (b) the opening of insolvency proceedings in respect of the User’s assets has been refused for lack of assets, or the User is
    required to provide an affidavit c) the user culpably breaches provisions of these Terms and Conditions which jeopardise the fulfilment of the purpose of the contract or which justify suspension,
    d) the user, their legal representatives or an affiliated company operates a business in competition with the operator.
  3. The Operator is also entitled to delete a user account that is clearly no longer up to date and has not been used for a prolonged period. This generally takes place after a period of 6 months without renewed use.
  4. The right of use comes into effect upon accessing the platform and ends at the same time as the contractual relationship.
  5. Upon termination of the contract, the user must immediately delete the software, excluding any right of retention, and refrain from any further use of the software. Upon termination, the operator shall also delete all stored data, with the exception of data which it is legally obliged to retain for a longer period. The operator shall provide the user with information regarding the status and deletion of their data in accordance with the data protection agreement.
     


11. General Final Provisions

  1. German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. The contract language is German.
  3. Where the user is a trader within the meaning of Section 13 of the German Civil Code (BGB), Berlin shall be the agreed place of jurisdiction for all disputes arising from the use of the platform.
  4. Should any individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely approximates the purpose of the invalid provision.
     

We are looking forward to your message