Terms and Conditions

For customers and purchasers
For suppliers and providers

For customers/purchasers

Terms and conditions

of the packitperfect limited company for the use of the internet portal www.packitperfect.com by POTENTIAL BUYERS of packaging machines and similar technical devices

§ 1 Field of application

1. 1. These terms and conditions govern the contractual relationship between packitperfect limited company, the owner of the domain www.packitperfect.com (“pip” or www.packitperfect.com in the following), and the living and legal persons (members), who use the services of pip as potential buyers of packaging machines and similar technical devices. For the sales contracts made between members because of using the internet platform www.packitperfect.com, the financing of further contracts between the members or between a member and a third person serving these sales contracts (e.g. loan or leasing agreements), and other contracts that are forwarded by a member to another one (e.g. insurance policies), the respective law applies (e.g. common sale of goods law). Our terms and conditions only apply for these contracts insofar as they have been made through the platform www.packitperfect.com. For the execution of and defaults within contracts between members or contracts that are forwarded by one member to another one, the following terms are not applicable. As soon as they click the button “I agree to the terms and conditions” and use the internet platform www.packitperfect.com, members accept the now following terms and conditions.
2. 2. Minors and legally incompetent people are excluded from using the internet platform www.packitperfect.com.

§2 Content and accomplishment of the user contract 1. Content of the user co

ntract is the use of the internet platform www.packitperfect.com in order to purchase packaging machines. pip itself does not offer any goods, it only offers services, which only consist of the usage of the internet platform www.packitperfect.com. To define the services the following is agreed upon: Because of a special agreement outside these terms, which is not already made through accepting these terms and conditions or being a member of pip, pip can provide fee-based engineering services that can e.g. be the creation or revision of tender documents. Without such a special agreement pip is not obliged to check the purchaser’s tender documents for accuracy and completeness.
2. The user contract with pip requires the registration as a member. There is no claim for accepting this registration or realizing a user contract. Registration happens by creating a membership account with accepting these terms.
3. When registering the user has to enter a username and a password, which has to be kept secret by the applicant. pip will not pass on the password to a third person without permission of the member. If the data entered in the registration are complete and correct, the contract with pip is achieved through receiving an email by pip that has to be confirmed. If you are a legal person, the registration has to be done by a legal representative. Changes of member data must immediately be announced to pip in written form.

§3 Revocation, blocking and cancellation

1. The contract partner (“member”) ensures being an entrepreneur and using the membership for his commercial or self-employed profession. If the contract partner (“member”) is against the agreement still a consumer (§13 BGB), such a consumer can cancel the contract. Hereby this cancellation right is explained in the following: The user The user can withdraw his contract declaration within two weeks without giving any reason in written form (e.g. letter, fax, email). The time period starts with receiving this admonition at the earliest. In order to make the deadline the revocation has to be sent out in time. The revocation should go to: packitperfect limited company, Gewerbegebiet, Am Leitenfeld 5, D-83547 Babensham, fax: +498071104278.
2. pip can block a user account as soon as a user breaks these rules. A blocking is possible particularly in the following cases: Entering incorrect data including information about the own entrepreneurship; repeatedly giving negative evaluations about other members (more to the evaluation system in §4) without a factual basis; infringing third-party rights, especially trademark law, copyright or competition law when using the internet platform www.packitperfect.com as a member. Such or other circumstances that are followed by a blocking do not have to reach the level of an important reason for an extraordinary termination. The reasons for a decision that leads to a blocking are sent to the member in written form. The blocking can be undone as soon as the reasons for the blocking are gone and the member can prove this in a proper way.
3. A member who is a purchaser (therefore not a provider) can cancel the user contract immediately in written form; an email to info@packitperfect.com is fine. pip can terminate the membership within a notice period of 3 months to the end of June or the end of a legal year; the termination by pip is only permitted after a membership of six months.
4. The right of extraordinary termination out of an important reason is not affected thereby.

§4 The evaluation system

1. Members are obliged to evaluate each other after they have made a contract with each other or a member has transmitted a contract for another member because of participating in the internet platform www.packitperfect.com and fulfilled it. These evaluations are given on the internet platform www.packitperfect.com, but they are not available for the public. The evaluations have to be truthful and they must not have any depreciating or offensive contents. They must be based on a correct factual basis.
2. Members are forbidden to evaluate themselves with the help of another user name. Such behavior entitles pip without prior warning to block the user or at the discretion of pip to make use of the extraordinary termination of the membership.
3. pip has the right to award quality certificates according to special quality rules, which are published at the discretion of pip. Such quality rules are part of the user contract. The use of quality certificates or seals of approval with other contents than intended by pip is forbidden and entitles pip without prior warning to block the user or cancel the membership with an extraordinary termination.

§5 Concerning demand and supply of admitted goods and services

§6 Product range, term of acceptance, rights and duties

1. With uploading the offer on www.packitperfect.com after a request made by pip the provider, who is still anonymous at this point of time for the purchaser, submits a binding offer of a contract conclusion towards the purchaser for a respective packaging machine. As a requirement a payment of a nominal fee has to be made according to §7 Abs. 2 b); the documents that are hence to be sent with an invitation to submit a tender (like e.g. tender and performance specification) contain information about the identity of the purchaser. pip is the receiver of declarations for the purchaser. The provider is bound to their offer until the end of a time period to be set by the provider, which has to be at least 21 days; this period starts on the workday after the day, on which the tender is uploaded. The tender may not be submitted under reserve or terms. pip is obliged to publish this anonymized tender at the latest on the second workday after it has reached pip.
2. The provider is not entitled to being the only provider. The purchaser can only see submitted tenders after they have been approved by pip to him on www.packitperfect.com. The purchaser is obliged to tell pip, if and which providers – if applicable – have already been asked outside of www.packitperfect.com in order to make it possible for pip to avoid multiple requests.
3. The provider can only raise the price of the offer which was already submitted by placing a new offer only in the following cases: The purchaser has configured their request with wrong or incomplete capability characteristics; this incorrectness of configuration characteristics has remained unnoticed and unjustified despite an obligatory fulfillment of the provider’s commitment to correct wrong configuration characteristics. In addition to the just mentioned cases the price of an offer can only be raised in the aftermath if there is an important reason in terms of keeping the offered price is unacceptable for the provider even if you consider the expectable expert knowledge of an experienced tradesman and/or manufacturer; mere calculation mistakes are not an important reason.
4. The purchaser is not obliged to accept an offer or to react in another way.
5. The purchaser is also not obliged to be interested in the cheapest offer which he has chosen according to objective criteria; he/she can rather proceed at will.
6. The provider is obliged to contact the purchaser immediately, or at the end of the second workday after pip’s notification at the latest.
7. The provider is not allowed to publish the third party’s identity. He/she has to keep the tender documents and their content secret and he/she is not allowed to pass it on to a third person neither entirely nor in part. In the event of violation, the provider commits to paying damages amounting to a sum that corresponds to a performance-based payment (“tip commission”) of 2.5% according to §3 Abs. 2c, 3c. pip is entitled to estimate this sum at reasonable discretion. The provider remains free to prove that pip only has a slight damage or none at all.
8. The provider accepts that even if there is a postponement of the planned contract conclusion or the delivery dates through this contract a tip commission of 2.5% is due according to §3 Abs. 2, 3 c that has to be paid by the provider. It is sufficient that the use of www.packitperfect.com’s services was a contributory factor for the respective contract conclusion.
9. If a contract is concluded between the purchaser and the provider or if the provider forwards contracts to the purchaser (e.g. financing or leasing contracts), the parties of such legal relationships are only the respective purchaser and the respective provider, respectively the concerned third person (e.g. with loan financing the bank, with leasing contracts the lessor). pip is not obliged to contribute more than sending contact data to such a contract conclusion. The provider is obliged to inform pip about a purchase contract, a leasing contract, a hire-purchase agreement or a similar contract for the sale of a packaging machine, which causally leads back to an offer made by the provider on www.packitperfect.com, at the latest until the end of the third workday after the contract conclusion in written form. If desired by pip the provider has to prove the contract conclusion and its conditions (normally by sending copies of the relevant documents). The purchaser agrees to that.
10. If the provider culpably omits the owed message according to Abs. 9 to pip, the provider owes a contractual penalty amounting to the triple sum of the 2.5% tip commission according to §7 Abs. 2, 3c.

§7 Free use of pip services for the purchaser

According to the regulations in this user contract only the deliverer, not the purchaser of packaging machines owes the payment of fees to pip. The purchaser can therefore use the internet platform www.packitperfect.com for free.

§8 Scope of service obligation, limitation of liability, indemnification

According to §§ 9 and 11 of the remote service statute (TDG) pip is not responsible for passed information (§ 9 TDG) and for information saved for a user (§ 11 TDG). Moreover, it is agreed to the following:
1. pip is not liable for commercial benefits for the purchaser in comparison to the market.
2. pip is not obliged to check through queries e.g. to manufacturers or public authorities if the provider’s information about packaging machines are true or not. pip is not obliged to select the respective provider at the beginning of their membership, but it is obliged to exclude providers who are obviously unreliable or obviously inappropriate for a membership out of other reasons.
3. pip owes an availability of the internet infrastructure the members can use with the following quality: In the calculative average of twelve months an availability of 98.5% is owed. The member knows and accepts that an availability of 100% is either technically unrealizable or only realizable for a considerably higher return of the customer, hence higher fee claims by pip towards its members. The member is obliged to inform pip immediately as soon as there is a problem with the usage of the internet infrastructure provided by pip.
4. Insofar as nothing has been arranged above, claims of a member because of breaches of duty by pip is limited to cases of malice and gross negligence. If pip breaks an important contract duty (“cardinal duty”) without acting non-negligently or recklessly, the liability is limited to damages typical for the contract; besides, it is excluded. In case of an injury of life, body or health, pip is always unrestrictedly liable.
5. Deadlines for supplementary performance or warranty (including claims for damages) are contracted out to the legally shortest possible time period. This is also true for demands of replacement of subsequent damages from defects if there are no unclaimed demands for unauthorized action.
6. The member releases pip from any claims of third persons because of a usage of www.packitperfect.com leading to legal violations.

§9 Privacy policy

1. The data entered by a member with the registration is saved and only used for own purposes within the limits of the law, particularly in order to forward them to members according to the regulations in this user contract, or if it they serve the public interest (e.g. prosecutions). pip may use user data for statistical purposes (evaluation of user behavior) in an anonymized way.
2. With accepting these terms the member agrees to collecting and analyzing the personal data he/she has saved on www.packitperfect.com in the following ways: a) pip may pass on the user name and the member’s address and email address to the provider or purchaser in order to fulfill the contract. b) pip may publish the user name and the evaluation profiles (see §4 for more information about the evaluation system) to visitors of the website www.packitperfect.com in the respective category. c) pip may use personal data for regular pip-newsletters and support emails for the members, e.g. because of technical errors or information about contract modifications of all sorts. The member only does not receive the newsletter anymore if he terminates it in “My settings” in his user account. d) pip may use the personal data in order to e.g. send emails with information about comparable packaging machines from other procurement processes done with pip to the members. e) In cases of fraudulent or other actions with the consequence of a damage of assets pip may use and forward personal data for the purpose of own investigations and investigations by prosecution authorities. Without an agreement a membership of pip is not possible. For such purposes pip is also allowed to use cookies.

§10 Final regulations

1. Should one of the clauses in this user contract be legally invalid, validity of the other clauses of these terms remains unaffected. Instead of the invalid regulation another regulation that best complies with the omitted one or would be similarly valid applies.
2. pip can revise these terms and conditions at any time after letting their members know. Such revised terms can be disagreed to in written form within two weeks after having received them at the latest. After expiry of this deadline the new terms are automatically accepted and from this time on they are agreed upon.
3. For the user contract and all legal relationships that arise through using the internet platform www.packitperfect.com the law of the Federal Republic of Germany applies. Place of jurisdiction is the common place of jurisdiction of the packitperfect limited company, hence the regional court of Rosenheim, respectively the state court of Traunstein; packitperfect limited company reserves to the right, however, to sue at the other part’s place of business.

For suppliers/providers

Terms and conditions

of the packitperfect limited company for the use of the internet portal www.packitperfect.com by PROVIDERS of packaging machines and similar technical devices

§1 Field of application

1. These terms and conditions govern the contractual relationship between packitperfect limited company, the owner of the domain www.packitperfect.com (“pip” or www.packitperfect.com in the following), and the living and legal persons (members), who use the services of pip as providers of packaging machines and similar technical devices. For the sales contracts made between members because of using the internet platform www.packitperfect.com, the financing of further contracts between the members or between a member and a third person serving these sales contracts (e.g. loan or leasing agreements), and other contracts that are forwarded by a member to another one (e.g. insurance policies), the respective law applies (e.g. common sale of goods law). Our terms and conditions only apply for these contracts insofar as they have been made through the platform www.packitperfect.com. For the execution of and defaults within contracts between members or contracts that are forwarded by one member to another one, the following terms are not applicable. As soon as they click the button “I agree to the terms and conditions” and use the internet platform www.packitperfect.com, members accept the now following terms and conditions.
2. Minors and legally incompetent people are excluded from using the internet platform www.packitperfect.com.

§2 Content and accomplishment of the user contract

1. Content of the user contract is the use of the internet platform www.packitperfect.com in order to offer packaging machines. pip itself does not offer any goods, it only offers services, which only consist of the usage of the internet platform www.packitperfect.com.
2. The user contract with pip requires the registration as a member for providers and purchasers as a first step. There is no claim for accepting this registration or realizing a user contract. Registration happens by creating a membership account with accepting these terms.
3. When registering the user has to enter a username and a password, which has to be kept confidential by the applicant. pip will not pass on the password to a third person without permission of the member. If the data entered in the registration are complete and correct, the contract with pip is achieved through receiving an email by pip that has to be confirmed. If you are a legal person, the registration has to be done by a legal representative. Changes of member data must immediately be announced to pip in written form.
4. Additionally, providers must meet the following requirements: The provider must transmit a completely filled form with complete documents (copies of written documents), which is provided by pip, by fax or mail to pip. After the data has been examined for correctness and completeness, an email that confirms this, and the payment of the admission fee (see §7 Abs. 2a), the membership is formed.

§3 Revocation, blocking and cancellation

1. The contract partner (“member”) ensures being an entrepreneur and using the membership for his commercial or self-employed profession. If the contract partner (“member”) is against the agreement still a consumer (§13 BGB), such a consumer can cancel the contract. Hereby this cancellation right is explained in the following: The user The user can withdraw his contract declaration within two weeks without giving any reason in written form (e.g. letter, fax, email). The time period starts with receiving this admonition at the earliest. In order to make the deadline the revocation has to be sent out in time. The revocation should go to: packitperfect limited company, Gewerbegebiet, Am Leitenfeld 5, D-83547 Babensham, fax: +498071104278.
2. pip can block a user account as soon as a user breaks these rules. A blocking is possible particularly in the following cases: Entering incorrect login data; repeatedly giving negative evaluations about other members (more to the evaluation system in §4) without a factual basis; a member’s offer infringes third-party rights by, especially trademark law, copyright or competition law when using the internet platform www.packitperfect.com as a member. The provider does not want to or cannot deliver at the time of contract conclusion. Such or other circumstances that are followed by a blocking do not have to reach the level of an important reason for an extraordinary termination. The reasons for a decision that leads to a blocking are sent to the member in written form. The blocking can be undone as soon as the reasons for the blocking are gone and the member can prove this in a proper way.
3. A member who is a purchaser (therefore not a provider) can cancel the user contract immediately in written form; an email to info@packitperfect.com is fine. pip can terminate the membership within a notice period of 3 months to the end of June or the end of a legal year; the termination by pip is only permitted after a membership of six months.
4. The right of extraordinary termination out of an important reason is not affected thereby. It is also an important reason for the termination of a provider’s contract by pip if the payment owed by this member is not done within a time period of five workdays (relevant is the date of monetary entrance at pip) despite a written reminder.

§4 The evaluation system

1. Members are obliged to evaluate each other after they have made a contract with each other or a member has forwarded a contract for another member because of participating in the internet platform www.packitperfect.com and fulfilled it. These evaluations are given on the internet platform www.packitperfect.com, but they are not available for the public. The evaluations have to be truthful and they must not have any depreciating or offensive contents. They must be based on a correct factual basis.
2. Members are forbidden to evaluate themselves with the help of another user name. Such behavior entitles pip without prior warning to block the user or at the discretion of pip to make use of the extraordinary termination of the membership.
3. pip has the right to award quality certificates according to special quality rules, which are published at the discretion of pip. Such quality rules are part of the user contract. The use of quality certificates or seals of approval with other contents than intended by pip is forbidden and entitles pip without prior warning to block the user or cancel the membership with an extraordinary termination.

§5 Concerning demand and supply of admitted goods and services

1. Only packaging machines that are inquired by a purchaser on www.packitperfect.com by means of a tender created in a common digital format are approved for the range of products.
2. Financing or offers of a financing brokerage for these packaging machines are not authorized for the range.
3. Should the provider find differences between the characteristics of a packaging machine according to the information given by the provider on the one hand and the characteristics of such a machine given by the manufacturer on the other hand or gaps in the description of the desired machine, the provider is obliged to get in written contact with the owner of www.packitperfect.com and take steps to ensure that the purchaser checks his configuration characteristics and corrects or completes them if necessary. The provider is hence obliged to work towards correct and complete information of the purchaser about the configuration characteristics.

§6 Product range, term of acceptance, rights and duties

1. With uploading the offer on www.packitperfect.com after a request made by pip the provider, who is still anonymous at this point of time for the purchaser, submits a binding offer of a contract conclusion towards the purchaser for a respective packaging machine. As a requirement a payment of a nominal fee has to be made according to §7 Abs. 2 b); the documents that are hence to be sent with an invitation to submit a tender (like e.g. tender and performance specification) contain information about the identity of the purchaser. pip is the receiver of declarations for the purchaser. The provider is bound to their offer until the end of a time period to be set by the provider, which has to be at least 21 days; this period starts on the workday after the day, on which the tender is uploaded. The tender may not be submitted under reserve or terms. pip is obliged to publish this anonymized tender at the latest on the second workday after it has reached pip.
2. The provider is not entitled to being the only provider. The purchaser can only see submitted tenders after they have been approved by pip to him on www.packitperfect.com.
3. The provider can only raise the price of the offer which was already submitted by placing a new offer only in the following cases: The purchaser has configured their request with wrong or incomplete capability characteristics; this incorrectness of configuration characteristics has remained unnoticed and unjustified despite an obligatory fulfillment of the provider’s commitment to correct wrong configuration characteristics. In addition to the just mentioned cases the price of an offer can only be raised in the aftermath if there is an important reason in terms of keeping the offered price is unacceptable for the provider even if you consider the expectable expert knowledge of an experienced tradesman and/or manufacturer; mere calculation mistakes are not an important reason.
4. The purchaser is not obliged to accept an offer or to react in another way.
5. The purchaser is also not obliged to be interested in the cheapest offer which he has chosen according to objective criteria; he/she can rather proceed at will.
6. The provider is obliged to contact the purchaser immediately, or at the end of the second workday after pip’s notification at the latest.
7. The provider is not allowed to publish the third party’s identity. He/she has to keep the tender documents and their content secret and he/she is not allowed to pass it on to a third person neither entirely nor in part. In the event of violation, the provider commits to paying damages amounting to a sum that corresponds to a performance-based payment (“tip commission”) of 2.5% according to §3 Abs. 2c, 3c. pip is entitled to estimate this sum at reasonable discretion. The provider remains free to prove that pip only has a slight damage or none at all.
8. The provider accepts that even if there is a postponement of the planned contract conclusion or the delivery dates through this contract a tip commission of 2.5% is due according to §3 Abs. 2, 3 c that has to be paid by the provider. It is sufficient that the use of www.packitperfect.com’s services was a contributory factor for the respective contract conclusion.
9. If a contract is concluded between the purchaser and the provider or if the provider forwards contracts to the purchaser (e.g. financing or leasing contracts), the parties of such legal relationships are only the respective purchaser and the respective provider, respectively the concerned third person (e.g. with loan financing the bank, with leasing contracts the lessor). pip is not obliged to contribute more than sending contact data to such a contract conclusion. The provider is obliged to inform pip about a purchase contract, a leasing contract, a hire-purchase agreement or a similar contract for the sale of a packaging machine, which causally leads back to an offer made by the provider on www.packitperfect.com, at the latest until the end of the third workday after the contract conclusion in written form. If desired by pip the provider has to prove the contract conclusion and its conditions (normally by sending copies of the relevant documents). The purchaser agrees to that.
10. If the provider culpably omits the owed message according to Abs. 9 to pip, the provider owes a contractual penalty amounting to the triple sum of the 2.5% tip commission according to §7 Abs. 2, 3c.

§7 Payment for pip-services

1. According to these regulations only the provider, not the purchaser, owes a payment to pip.
2. Members, who are providers, owe pip
a) the payment of a one-time fee for the permanent possibility of using the internet platform www.packitperfect.com (“admission fee”) at the beginning of the membership.
b) an allowance for each inquiry of a purchaser requested by the provider for transmitting customer- and contract-oriented documents (tender documents such as e.g. tender and performance specifications) in digital or analogue format (“nominal fee”) and
c) additionally a performance-related commission (“tip commission”) only due after the successful conclusion of a contract between the provider and another member about the sale of a packaging machine, the forwarding of a leasing contract or a hire-purchase agreement for such a packaging machine; this performance-related remuneration entitlement is causally created by the proof of an inquiry by a purchaser towards the provider via the valid pip portal and to be paid with the successful conclusion of a contract between the provider and the purchaser, which includes the cause of this inquiry.
3. The amount of the owed payment according to the precedent clause is determined by the following price list, which is part of the user contract; net prices are given; moreover, there is the VAT, which is 19% at the moment:
a) admission fee of €2,000.00 or see “How it works” on www.packitperfect.com
b) allowance of €200.00 or see “How it works” on www.packitperfect.com
c) tip commission of 2.5% of the net contract value, which has to be paid after contract award and invoicing by pip within 14 days. Basis of assessment is the purchase price plus the payment of additional services like e.g. planning or installation services or preparation of the installation. A commission higher than 2.5% has to be negotiated and must be paid within 14 days after the device’s delivery and invoicing by pip.
4. pip is entitled to first raise the fees for offered services six months after the conclusion of the respective contract appropriately within reasonable bounds. This price increase is valid after a time period of four weeks to the end of the month after having been announced to the member in written form.

§8 Scope of service obligation, limitation of liability, indemnification

§9 Privacy policy

2. With accepting these terms the member agrees to collecting and analyzing the personal data he/she has saved on www.packitperfect.com in the following ways:
f) pip may pass on the user name and the member’s address and email address to the provider or purchaser in order to fulfill the contract.
g) pip may publish the user name and the evaluation profiles (see §4 for more information about the evaluation system) to visitors of the website www.packitperfect.com in the respective category.
h) pip may use personal data for regular pip-newsletters and support emails for the members, e.g. because of technical errors or information about contract modifications of all sorts. The member only does not receive the newsletter anymore if he terminates it in “My settings” in his user account.
i) pip may use the personal data in order to e.g. send emails with information about comparable packaging machines from other procurement processes done with pip to the members.
j) In cases of fraudulent or other actions with the consequence of a damage of assets pip may use and forward personal data for the purpose of own investigations and investigations by prosecution authorities. Without an agreement a membership of pip is not possible. For such purposes pip is also allowed to use cookies.

§10 Final regulations

2. pip can revise these terms and conditions at any time after letting their members know. Such revised terms can be disagreed to in written form within two weeks after having received them at the latest. After expiry of this deadline the new terms are automatically accepted and from this time on they are agreed upon.
3. For the user contract and all legal relationships that arise through using the internet platform www.packitperfect.com the law of the Federal Republic of Germany applies. Place of jurisdiction is the common place of jurisdiction of the packitperfect limited company, hence the regional court of Rosenheim, respectively the state court of Traunstein; packitperfect limited company reserves to the right, however, to sue at the other part’s place of business.