Service-Hotline:+49 721 909 884 80
Mon. to Fri. from 7 a.m. to 10 p.m.
Service-Hotline:+49 721 909 884 80
Mon. to Fri. from 7 a.m. to 10 p.m.
1.4 The platform represents a virtual marketplace for auctions of standardised mass building materials. Standardised bulk building materials are standardised materials whose technical properties are clearly defined by DIN standards and are used in large quantities.
1.5 Auction refers to short-term transactions (purchase, sale) that are concluded bilaterally on the platform through Ecement between manufacturers of bulk building materials and processors of bulk building materials without Ecement becoming a contracting party in an auction.
1.6 "Dutch Auction" or "Seller Auction" represents an auction with falling prices. "English Auction" or "Buyer Auction" represents an auction with rising prices.
1.7 Sellers of standardised bulk building materials are manufacturers and dealers of cement who offer them in specified quantities ("truck trains") on the platform. A train weighs between 24 tonnes and 27 tonnes. The buyers (customers) are processors of cement. In the following, potential sellers and buyers are also referred to as "users".
1.8 (Online) service means the services offered by Ecement via the platform that users can use to buy and sell mass building materials online via a computer-assisted and automated auction and the related supplementary services. Ecement can use third-party services for all associated additional services, such as payment services, which are made available to users via the online platform. Users will be informed of the use of such third parties while using the service.
1.9 Our offer applies exclusively to entrepreneurs according to § 14 BGB, legal entities under public law and special funds under public law. The following General Terms and Conditions apply to all auctions via our platform by entrepreneurs according to § 14 BGB, legal entities under public law and special funds under public law.
1.10 A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2.1 The contract of use for this platform comes into force with:
Kleinsteinbacher Straße 11
2.2 The platform operator provides users with the technical means to initiate, conclude and process purchase contracts for standardised bulk building materials using the platform services. The platform operator's services include:
2.2.1 Provision of the personnel and technical equipment required to maintain the platform as a virtual marketplace and means of communication between users;
2.2.2 Provision of the possibility of using the platform after approval of the users in accordance with Section 3;
2.2.3 Enabling the conclusion of contracts on the marketplace through auctions initiated by users in accordance with Section 4;
2.2.4 Creation of information and communication possibilities among users and/or contracting parties;
2.2.5 Consulting and support services for users by separate agreement with Ecement.
2.3 The platform operator itself does not offer standardised bulk building materials for sale, does not purchase standardised bulk building materials offered and does not become a contractual partner of the contracts concluded exclusively between the users of the platform.
2.4 Only the respective users are responsible for the offers posted. This refers to all contents of the offers together with any information which the platform operator in no way adopts as his own. The platform operator does not provide any consulting services. The economic effects of concluding a contract must be examined by the users themselves. Product information on standardised bulk building materials can be obtained from the respective seller of the bulk building materials.
2.5 Users are aware that in the extreme case the mass building material sold is not of the standard type and quality and/or deviates from the agreed quantity, the seller, for example in the event of insolvency and/or other internal company disruptions, cannot provide the agreed service. The buyer of the mass building material bears the risk that the delivery may be cancelled. The platform operator is in no case liable for contractual disruptions between the users of the platform.
2.6 A seller is only entitled to participate in an auction if he is in a position to deliver the quantity of standardised building materials demanded. In the event that the seller who won the bid in an auction fails to fulfil his delivery obligation properly, completely or on time, the buyer is entitled to withdraw from the purchase contract after expiry of a period set by the buyer. The cancellation can be sent by Ecement on behalf of the buyer to the seller. The seller is then obliged, among other things, to compensate the buyer for the damage, without prejudice to further rights to which the buyer is entitled. The seller is obliged to repay any purchase price already received to the buyer without delay. A termination of the purchase contract as a result of the seller's non-compliance with the delivery obligation has no influence on the commission to be paid to Ecement by the seller pursuant to Section 5. In addition, a penalty of 52f the purchase price is imposed on the seller. The penalty is not subject to any legal reduction and must be paid directly to Ecement.
3.1 The prerequisite for using the platform is approval by Ecement. The platform is exclusively available to merchants within the meaning of the German Commercial Code, legal entities under public law and special funds under public law. At Ecement's request, the user must verify this characteristic as defined in Section 3.1. Clause 1 by means of suitable documents. There is no right to admission or use of the marketplace.
3.3 To activate the user account, the user must fill in the required fields on the registration page, download (download), sign and send Ecement for verification by post.
3.4 Acceptance of these GTC and the data protection declaration is given by ticking the required box on the registration page.
3.5 By clicking on the button "Register now" the user will receive a confirmation e-mail about the successful receipt of his registration request. Sellers must then confirm the currently valid price list after activation.
3.6 After successful verification of the submitted documents (power of attorney and, if applicable, attachments), the user will receive an e-mail from Ecement with confirmation of activation to the address provided during registration. From this point on, the user is activated and can log on to the portal.
3.7 The registration of a legal entity pursuant to § 14 BGB, a legal entity under public law or a special fund under public law may only be carried out by a person authorised to represent the company, who must be named and must provide proof of his right to represent the company. The information requested during registration must be complete and correct. The telephone number must not be a value-added service number and the address must not be a P.O. box. If the data provided changes after registration, the user is obliged to update the information in his user account immediately. The same applies to all information provided by the user when setting up employee logins.
3.8 The user is obliged to keep the login and password secret and to protect them from unauthorised access by third parties. The user is also responsible for keeping employee logins confidential and will instruct his employees accordingly. Users are obliged to inform the platform operator immediately if there are indications that a user account has been misused by third parties. Ecement reserves the right to change a user's login and password; in such a case, Ecementg will inform the user immediately.
3.9 Each user undertakes to open only one user account. A user account is non-transferable. The platform operator reserves the right to delete user accounts after a reasonable time in case of incomplete registrations.
4.1 Users are obliged to follow all instructions and instructions regarding an auction by or on behalf of Ecement. Should a situation arise during an auction which does not provide for these conditions and/or in case of conflicts between users or other irregularities, Ecement will decide on the further procedure.
4.2 Ecement has the right to make the auction temporarily or permanently impossible at any time, both before and during and after the auction. In particular, Ecement is entitled, at its own discretion, to delete a bid during an ongoing auction if this is deemed necessary. This is necessary, for example, in the event of possible abuse or fraud and in the event of an obvious error on the part of a user.
4.3 Participation in an auction is only possible within the period of time specified by the users. Bids can only be made in Euro (€).
4.4 Users define the auction framework parameters by selecting the auction parameters specified in the respective auction menu (Dutch or English auction). Changing the auction parameters after the opening of the auction is prohibited. By setting the general auction parameters, the user submitting an auction accepts each price step within the price range specified by him as binding.
4.5 The auctions opened by the respective users do not contain a legally binding offer within the meaning of § 145 BGB, but only represent an invitation to submit offers ("invitatio ad offerendum") within the given auction parameters. Buyers are under no circumstances allowed to participate in an auction they have opened as a supplier. Likewise, buyers may not participate as suppliers in an auction opened by them by third parties acting on their behalf. Suppliers are prohibited from participating as buyers in an auction they have opened. Similarly, suppliers may not participate as buyers in an auction opened by third parties acting on their behalf.
4.6 Based on the selected auction parameters (start and end price, runtime and auction behaviour), the auction system automatically determines the required price increments.
4.7 The delivery work or suppliers selected within the framework of the buyer auction shall be invited to participate in the auction via the platform by e-mail. This is done anonymously, i.e. invited sellers do not know by whom they were invited to the auction. There is no right to disclosure of the customer. Only sellers defined by the buyer can participate in an auction. This requires registration.
4.8 Within the scope of the seller auction, the seller provides a defined product for auction in a regionally limited area. Buyers are invited to participate in the auction via the platform by e-mail. Only registered buyers can participate in an auction.
4.9 The invited users who have joined the auction can observe the auction and stop it when a suitable price step is reached.
To do this, the user must be logged into his account and first confirm the General Terms and Conditions on the detail page of the current auction (checkbox) and then stop the current auction by clicking on the "AWARD CONTRACT NOW" button. The action first accepted by the system is binding. The user will be informed about this after his click.
By stopping the auction, a binding purchase contract is concluded between the seller and the buyer who has respectively stopped the auction.
4.10 The offers of a user are binding and irrevocable declarations to conclude the auction initiated by the buyer or seller. Unless otherwise agreed between a buyer and seller, a seller is bound to his offer for a further 30 days from the end of the auction period determined and possibly extended by the buyer. 156 BGB is expressly excluded. Users have no right to be invited to participate in auctions.
4.11 In prepaid auctions, rounded distance zones (including values subject to tolls) to the place of unloading are transmitted to the seller. This enables the seller to make an estimate of the postage paid price. If a binding business relationship is established after the auction, the exact unloading locations are transmitted. The respective freight table of the seller shall be decisive for invoicing.
4.12 Ecement only assumes the role of an intermediary for pricing and is under no circumstances contractually bound by the auction. The transaction and the rights and obligations associated therewith shall be concluded exclusively between the seller and the buyer.
4.13 As soon as a seller from the group of sellers admitted to the auction accepts the current price step, the auction is over. The buyer participating in the auction as well as the participating seller declare that the determined price and the resulting transaction are binding for them ("buyer auction").
4.14 As soon as a buyer from the group of buyers admitted to the auction accepts the current price step, the auction is over. The seller participating in the auction as well as the participating buyer declare that the price determined and the resulting transaction are binding for them ("seller auction").
4.15 Actions using a user's respective login are generally attributable to the user. Users are responsible for all declarations of intent made on the platform themselves. They are liable to a foreseeable extent for declarations made by third parties under the user's member account in accordance with the principles of a contract with protective effect for third parties.
4.16 For all transactions on the platform, only the system time applicable on the platform applies. Bids can only be placed within the duration of auctions specified by the buyer.
4.17 Ecement reserves the right to change or extend the content and structure of the platform and the associated user interfaces if the fulfilment of the purpose of the contract concluded with the user is not or not significantly impaired by this. Ecement will inform the users of the platform about the changes accordingly.
4.18 Ecement is entitled to create a "behaviour index" for each company account, which is calculated from the following parameters, among others:
- cancelled auctions
- unsuccessful auctions
- unanswered invitations to auctions
The behaviour index is continuously updated and presented in the form of a "points rating" within the auction invitation. Users are not entitled to a specific rating.
4.19 Ecement is entitled to form a so-called "quality assessment" for each seller, which is calculated from the following parameters, among others:
- the quality of the products supplied
- quality of processes (e.g. handling at the loading terminal)
The quality assessment is continuously updated and presented next to the seller plants in the form of an "asterisk evaluation". Users are not entitled to a specific rating. Only buyers of successfully completed auctions are entitled to submit an evaluation.
4.20 Sellers have the option of reporting complaints about deliveries within the framework of contracts concluded via Ecement.
4.21 In the event of revocation by the seller of the auction, the platform operator Ecement is entitled to charge a lump sum. The lump-sum expense allowance is calculated as follows: Final price determined in the auction (in euros) x quantity put out to tender (in tonnes) x 0.5.
5.1 The sellers shall pay fees for the use of the platform and the other activities of the platform operator in accordance with the currently valid list of fees of the platform operator. The current list of fees can be called up in the user account of the seller.
5.2 For each successful auction a fee is due, which is to be paid by the seller and is based on the amount to the extent of the services used.
5.3 If the transaction is concluded without further services by Ecement (e.g. clearing), the seller pays Ecement a commission directly after conclusion of the auction.
5.4 The platform operator will charge the fees to the sellers after the end of the auction. The sellers will receive an invoice in electronic form to the e-mail address provided. If the seller requires the invoice to be sent by post, the platform operator will charge a fee of EU 4.50 per invoice.
5.5 The platform operator is entitled to change the fees for the use of the services offered by him at any time in the future. Price changes will be communicated to the seller via his user account in good time before they come into effect.
5.6 Users are prohibited from circumventing the fees charged by the platform operator.
6.1 Auctions or offers may not be opened if
6.1.1 the information is so incomplete that the subject matter and price cannot be determined;
6.1.2 the auction parameters do not meet Ecement's quality standards;
6.1.3 the opening or execution of the auction or sale in accordance with the legal system applicable to the intended contract would violate statutory provisions, official orders or morality. In particular, no items may be offered whose offer or sale violates the rights of third parties. Ecement is entitled to remove such an auction or such an offer from the marketplace without delay.
6.2 It is the responsibility of the user to ensure that his offers including the images used and other contents are legal and do not infringe the rights of third parties. Criminally relevant contributions are not permitted.
6.3 The description of the offer and any pictures used may only refer to the mass building materials offered. Advertising for mass building materials not offered on the platform is not permitted. When using the platform services, only those seals of quality, guarantee marks or similar symbols of third parties may be used which the user is entitled to use.
6.4 By participating in an auction, the seller guarantees that he has unlimited access to the mass building material offered at all times and can deliver it immediately upon termination of the auction in accordance with the agreement reached, or that it can be collected by the buyer (ex works).
6.5 It is forbidden to manipulate the prices of own or third party offers by using several user accounts or in cooperation with other users.
6.6 The platform allows users to sort search results according to various criteria. It is forbidden to manipulate the search functions of the platform, e.g. by misusing search terms in the offer description or description.
6.7 The platform operator shall keep the offers and the related documents and information available on the platform or otherwise for a limited period only. Users are responsible for archiving on a storage medium that is independent of the platform any information that can be viewed via the platform services and stored by the platform operator and that they require for the purposes of preservation of evidence, bookkeeping or other purposes.
6.8 Users may not block, overwrite or modify any content generated by the platform operator or other users or otherwise interfere with the platform services.
7.1 The execution of contracts concluded on the platform is the sole responsibility of the respective users. Ecement neither guarantees the performance of the contracts concluded on the platform between the users nor assumes liability for defects in quality or title of the goods and services traded. Ecement has no obligation to ensure the performance of the contracts concluded between the users.
7.2 Ecement is entitled to verify the identity of the participating users. If abuse is suspected, Ecement is entitled to exclude users and block accounts. The participating companies undertake to provide requested information immediately. Ecement cannot guarantee the true identity and the right of disposal of the users despite careful examination. In case of doubt, both contracting parties are obliged to inform themselves in an appropriate manner about the true identity and the right of disposal of the other contracting party.
8.1 The user is aware that all information posted on the platform is based on statements of the publishing user, for which the platform operator has no responsibility whatsoever and which the platform operator in no case checks for content or completeness. This also applies to possible assurances of the individual users regarding all statements and information necessary for the delivery. Since the respective offer is technically generated from the information provided by the publishing user, any errors in the content of the data entered by the user are transferred directly into the purchase contract. The information provided in the respective auction must therefore be checked by the users.
8.2 The platform operator does not guarantee the technical availability of the platform and the platform services at all times. He endeavours to keep the platform as usable as possible within the framework of the state of the art. The platform operator is entitled to temporarily switch off the platform if this is necessary for technically customary and/or necessary maintenance, improvement and safety measures. In these cases, the platform operator takes into account the interests of the users, for example, where practicable, by providing advance information on the platform and endeavours to keep impairments to a minimum.
8.3 The platform operator assumes no liability for unauthorized access to the user's personal data by third parties.
8.4 The platform operator accepts no liability for links provided by users or the web content of linked websites. Ecement under no circumstances adopts third-party content. The user guarantees the platform operator and the other users of the platform that the goods, commodities and services offered by him in auctions do not infringe any copyrights, trademarks, patents, other industrial property rights or trade secrets.
8.5 The platform operator is liable in accordance with the statutory provisions for intent and gross negligence on the part of himself, his legal representatives, executive employees or other vicarious agents. The same applies in the case of other strict liability and claims under the Product Liability Act or in the case of culpable (including negligent) injury to life, limb or health. The platform operator is liable on the merits for simple negligent breaches of essential contractual obligations caused by him, his representatives, executive employees and vicarious agents, i.e. such obligations on the fulfilment of which the user regularly relies and may rely for the proper execution of the contract, but in this case the amount is limited to the typically occurring, foreseeable damage.
8.6 Any further liability of the platform operator is excluded.
8.7 Ecement accepts no liability for disturbances within the network for which Ecement is not responsible.
8.8 Insofar as the liability of the platform operator is excluded or limited, this shall also apply in favour of the personal liability of its legal representatives, executive employees and vicarious agents.
9.1 The user indemnifies the platform operator from all claims asserted by other users or other third parties against the platform operator for violation of their rights through offers and other content posted by the user via the platform services or due to other use of the platform services. The user shall bear the costs of the necessary legal defence of the platform operator including all court and legal costs in the legal amount. This does not apply if the user is not responsible for the infringement.
9.2 The user is obliged to provide the platform operator without delay, truthfully and completely with all information necessary for the examination of the claims and a defence in the event of a claim by third parties.
10.1 The user is obliged,
10.1.1 to set up and maintain the necessary data backup arrangements during the entire term of the contract. This essentially refers to the careful and conscientious handling of logins and passwords;
10.1.2 to inform Ecement immediately of any technical changes occurring in its area if they are likely to impair the performance or security of the Ecement platform;
10.1.3 to cooperate in the investigation of attacks by third parties on the platform, insofar as this cooperation is required by the user;
10.1.4 to conduct business on the platform exclusively within the framework of commercial business operations for commercial purposes.
10.2 The user undertakes not to take any measures that endanger or disrupt the functioning of the platform and not to access data for which he is not authorized to access. Furthermore, he must ensure that his information and data transmitted via the platform are not infected with viruses, worms or Trojan horses. The user undertakes to compensate Ecement for all damages resulting from the non-observance of these obligations for which he is responsible and, in addition, to indemnify Ecement against all third-party claims, including attorneys' fees and court costs, which Ecement may assert against Ecement as a result of the user's non-observance of these obligations.
11.1 The servers of Ecement are secured in accordance with the state of the art, in particular by firewalls; the hosting of the platform takes place in a secure infrastructure on servers in Germany or in the case of individual applications secured according to payment transaction standards. However, the user is aware that there is a risk for all participants that transmitted data can be read out in the transmission path. This applies not only to the exchange of information via e-mail that leaves the system, but also to the integrated messaging system and to all other data transmissions. When creating a user account and using the platform, the user passes on (personal) data to Ecement. This (personal) data is stored and processed in accordance with Ecement's data protection rules and the applicable laws.
11.2 By entering the data, the user agrees that the platform operator is entitled to use this data for information purposes about the further development of the platform, new and/or modified functions and services.
11.3 The user agrees that Ecement may store information and data about the course of auctions and the behaviour of buyers or seller during the execution of these transactions in an anonymous form and use this anonymous form exclusively for internal purposes (e.g. for the preparation of statistics and presentations). In particular, Ecement will not publish price indices.
11.4 During the term of this contract, Ecement is entitled to process and store the data received from the user in connection with the business relationship in compliance with the specifications of the applicable data protection regulations. In detail, the user agrees that Ecement:
11.4.1 stores and processes the information provided by the user regarding company data, invoice data and contact persons of the user as well as corresponding updates communicated by the user within the scope of the application for approval;
11.4.2 stores the data entered by the user independently into the platform in connection with the company presentation requested by the user in the trading area under administration and makes it available in the public and closed area of the platform for other registered and non-registered users to retrieve;
11.4.3 stores any personal data and non-personal data used in the course of the transactions and forwards them to other users for the purpose of processing the transaction.
11.5 The seller consents to the release of his contact data to buyers for the purpose of establishing contact. The seller can revoke this consent at any time in written form to the platform operator. The platform operator will under no circumstances request the data by e-mail or telephone.
11.6 The further use of personal data beyond the aforementioned use requires the separate consent of the user. The user is entitled to revoke his consent granted in accordance with Section 11.3 at any time, provided he has hereby consented to the use of personal data.
11.8 With the admission according to Section 3, the user guarantees to Ecement and all other users that the user has complied with data protection requirements with regard to the data transferred by him and exempts Ecement from any claims, including those of a public law nature. In particular, the user himself must ensure that any necessary consent of employees is obtained before personal data of employees is entered into the platform in the context of setting up employee logins or in any other way.
11.9 Details on the use of the data are also regulated in the data protection declaration of the platform operator, available at "https://www.ecement.pro/datenschutz".
12.2 Ecement is entitled to advertise the platform.
12.3 Ecement is entitled to delete individual offers if there are irregularities in the user's registration data or in connection with the purchase contracts. If Ecement suspects a violation of rights, it is also entitled to delete all further offers of a user, parts of his profile or - in case of repeated suspicion - his entire profile. After deletion of an individual offer, all offers of a user, a part of his profile or his entire profile, the respective user concerned must be informed immediately via the e-mail address provided to the platform operator about the deletion and he must be given the opportunity to comment. Ecement will decide on the further procedure after receiving a statement at its reasonable discretion and taking into account the interests of the user.
12.4 The platform operator reserves the right to charge a lump sum for the deletion of offers or other contents or for the blocking of users in accordance with the list of fees, provided the user is responsible for the violation, unless the user proves that no damage has occurred at all or only to a significantly lesser extent.
12.5 The platform operator may also charge a fee for the reactivation of a blocked account in accordance with the list of fees if the user is responsible for the violation.
13.2 The contract can be terminated by either party with three months' notice to the end of the month.
13.3 Each party has the right to terminate the contract for good cause without notice. Good cause for Ecement is in particular:
13.3.2 a user's tort or attempt to commit such an offence, e.g. fraud;
13.3.3 the delay of the seller with the payment obligation according to the payment to be made by the seller according to Section 5. by more than six weeks.
13.3.4 ongoing operational disruptions as a result of force majeure beyond Ecement's control, e.g. natural disasters, fire, breakdown of pipeline networks through no fault of Ecement's own.
13.4 Any termination must be in writing. Notice of termination by fax or e-mail must be in writing.
The platform operator reserves the right to change these GTC at any time and without giving reasons. This applies in particular in the event of a change in the relevant regulatory requirements. Otherwise, Section 1.3 of these General Terms and Conditions of Business and Use shall apply.
15.1 Ecement or its licensors are the sole owners of the intellectual property rights to the platform, the service, the information and the database, including, but not limited to, the intellectual property rights to texts, images, design, photographs, software, audiovisual material and other material.
15.2 Ecement grants users a limited, personal, revocable, non-exclusive, non-(sub-)licensable, non-transferable right to use the platform and to view the information in the manner and in the format in which it is made available via the platform.
15.3 It is expressly prohibited to copy, publish, use for direct commercial purposes or use the service, the platform, the user material which does not originate from the user and/or information and/or other data for purposes other than those stated in these conditions, unless Ecement or the relevant rights holder has expressly agreed in writing.
15.4 The user is expressly prohibited from decompile the service, the platform and/or the source or object code(s) or reverse-engineer them.
15.5 Ecement may take technological measures to protect the online platform or the web service and/or separate parts. The user may not remove or circumvent these technical protective measures or offer means to do so.
15.6 It is not permitted to remove, obscure, conceal or alter any communications or notices relating to intellectual property rights.
15.7 Users may not perform any actions that may infringe Ecement's, users and/or third parties' intellectual property rights, such as the registration of domain names, trademarks or Google Adwords search terms (keywords) that resemble or are identical to any character(s) to which Ecement and/or users may claim intellectual property rights.
16.1 For the purpose of fulfilling the contract and exercising the rights to which the platform operator is entitled under this contract, the platform operator may also make use of other companies. He undertakes to impose the obligations incumbent on him in accordance with the provisions of these General Terms and Conditions - to the extent necessary - also on these companies.
16.2 Any deviating terms and conditions of a user shall only be taken into account with the prior written consent of the platform operator.
16.3 Declarations transmitted within the framework of the user contract concluded with the platform operator must be transmitted in writing or in text form (e.g. by e-mail).
16.4 The contract of use including these GTC is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
16.5 Place of jurisdiction is the registered office of the platform operator for all disputes arising from the user contract and these GTC. Ecement is also entitled to sue at the general place of jurisdiction of the user.
16.6 Should individual provisions of these GTC be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The provisions of these GTC, which are not included or which are invalid shall be replaced by statutory law.
12 February, 2018