GENERAL TERMS AND CONDITIONS OF
Welcome to Wocess!
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between Crossman Ltd. (hereinafter referred to as “Supplier”) and you (hereinafter referred to as “Buyer”), in the version valid at the time of conclusion of the contract.
(2) Deviating general terms and conditions of the customer are rejected.
Please read these terms and conditions carefully before using any service of Crossman Ltd.
(3) On Wocess we offer the following services:
Wocess is a B2B marketplace where projects or resources can be offered to other companies.
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in the German language.
(2) The orderer must have completed the 18th year of life.
(3) Access to the Wocess service requires registration.
(4) By registering, the customer accepts the present terms and conditions. Registration creates a contractual relationship between Wocess and the registered customer, which is governed by the provisions of these GTC.
(5) The presentation of the service on the website does not represent a legally effective offer. Through the presentation of the service, the customer is merely requested to make an offer.
(6) By ordering a service that is subject to a fee, the registered customer enters into a further contractual relationship with Wocess that is separate from the registration. The user will be informed of the respective chargeable service and the payment terms prior to the conclusion of this contractual relationship. The contractual relationship is established when the customer confirms the order and payment obligation by clicking on the button “conclude contract subject to payment”.
(7) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each service whether an electronic invoice is available. For more information about electronic invoices, please visit our website.
§ 3 Description of the scope of services
The scope of Wocess consists of the following services:
The user can register with his company and search for free resources or projects or offer free resources and project offers.
§ 4 Prices and shipping costs
(1) In order to use Wocess, you must first register.
(2) In order to purchase the services of the website, the user must register and create a user account.
(3) If the user wishes to use a service that is subject to a fee, he/she will be informed in advance of the fact that the service is subject to a fee. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(4) The provider reserves the right to charge different fee models for different booking times and user groups and especially for different periods of use, as well as to offer different scopes of services.
§ 5 Terms of payment
(1) Any fees are to be paid to Wocess in advance and without deduction at the due date.
(2) By registering, providing the information necessary for the payment procedure, and using the fee-based service, the User authorizes the Operator to collect the corresponding amount.
(3) A fee-based service is automatically extended by the respective booked period (subscription), unless it is cancelled by telephone, e-mail, or letter.
(4) The subscription is collected at the following time: on the first work of each month
(5) Certain payment methods can be excluded by the provider in individual cases.
(6) The customer is not permitted to pay for the service by sending cash or checks.
(7) Should the customer choose an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.
(8) If the Provider offers payment in advance and the Customer chooses this method of payment, the Customer shall transfer the invoice amount to the Provider’s account within five calendar days of receipt of the order.
(9) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Supplier to collect the amounts due.
(10) If the Supplier offers payment by direct debit and the Customer chooses this method of payment, the Customer shall issue the Supplier with a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank account data, the Customer shall bear the costs for this.
(11) If the Customer is in default of payment, the Provider reserves the right to claim damages for default.
(12) The following means of payment can be used for settlement:
– credit card
§ 6 Registration and termination
(1) Furthermore, the customer declares that he or she and, to his or her knowledge, no member of his or her household has not been convicted of an intentional criminal offence that endangers the safety of third parties, in particular of a criminal offence against sexual self-determination (§§ 174 et seq. StGB, a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.
(3) A user is, under reservation, entitled to cancel his registration at any time without giving a reason in writing by mail, e-mail or telephone. At the same time, there is the possibility to deactivate the user account completely and personally within the data and settings of the user account. The previously concluded contractual relationship is thereby terminated.
(4) If a user has registered for a paid service, he can cancel at least 14 days before the booking period. If this deadline is not met, the chargeable service will be extended by this period depending on the selected booking period and the cancellation will only take effect at the end of the following booking period. A cancellation is possible by phone, e-mail or letter and will be confirmed by us in writing. In order that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be given. In case of a cancellation by phone the individual phone password is required.
(5) Wocess can terminate the contract at its own discretion, with or without prior notice and without giving reasons, at any time. Wocess also reserves the right to remove profiles and/or any content published on the website by or through the user. If Wocess terminates the user’s registration and/or removes the user’s profiles or published content, Wocess is under no obligation to inform the user of the termination or removal, nor is Wocess obligated to inform the user of the reason for the termination or removal.
(6) Following any termination of any individual use of the services of Wocess, Wocess reserves the right to send information about such termination to other registered users with whom Wocess believes to have had contact. Wocess’s decision to terminate the user’s registration and/or notify other users with whom Wocess believes the user has been in contact does not imply or in any way imply that Wocess makes statements about the individual character, general reputation, personal characteristics, or lifestyle of the user.
(7) Users are obligated not to make any intentional or fraudulent false statements in their profile or other areas of the portal. Such statements may result in civil lawsuits. Furthermore, the operator reserves the right in such a case to terminate the existing contractual relationship with immediate effect.
(8) If a User’s access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the User shall pay compensation for the remaining term of the contract in the amount of the agreed remuneration less the expenses saved. The amount of the saved expenses shall be set at a flat rate of 10% of the fee. Both parties to the contract are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(9) Upon termination of the contractual relationship, all data of the user will be deleted by Wocess.
§ 7 Limitation of liability (services)
(1) Wocess assumes no responsibility for the content and correctness of the information in the registration and profile data of the ordering parties as well as other content generated by the ordering parties.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating purchasers. Therefore, Wocess is not liable for the services of the participating purchasers. Accordingly, all matters concerning the relationship between the purchasers, including, without exception, the services that a searcher has received or payments that are due to purchasers, are to be addressed directly to the respective party of the purchaser. Wocess cannot be held responsible for this and hereby expressly disclaims all possible liability claims of any kind whatsoever including claims, services, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in any way whatsoever in connection with the aforementioned matters.
(3) Crossman Ltd. is only liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Crossman Ltd. or an intentional or negligent breach of duty by a legal representative or vicarious agent of Crossman Ltd.
(4) For other damages, insofar as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely), Crossman Ltd. Europe shall only be liable if they are based on an intentional or grossly negligent breach of duty by Crossman Ltd. or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Crossman Ltd.
(5) The claims for damages are limited to foreseeable damages typical for the contract. In case of delay, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom shall become statute-barred after 30 years; otherwise after 1 year, whereby the statute of limitations shall expire at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or would have to become aware of them without gross negligence (§ 199 para. 1 BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and the law and, if necessary, to delete it in whole or in part.
§ 8 Set-off and right of retention
(1) The customer shall only be entitled to offsetting if the customer’s counterclaim has been legally established or is not disputed by the supplier.
(2) The orderer can exercise a right of lien only, as far as your counterclaim is based on the same contractual relation.
§ 9 revocation instruction
(1) If the customer is a consumer, he has a right of revocation in accordance with the following provisions:
(2) Right of revocation
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period for services is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must give us:
Hermann Frank Street 35
Phone: +49 (0) 176 85209399
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the sample revocation form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period and that you have returned the goods via our online return center within the period defined below.
For additional information regarding the scope, content, and explanation of the exercise, please contact our customer service.
(3) Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation with respect to this Agreement compared to the total amount of services provided under the Agreement.
(4) Exceptions to the right of withdrawal
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
The right of revocation does not exist or expires with the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- in the case of services, if Wocess has provided these services in full and you have taken note of them prior to the order and have expressly agreed that we can begin providing the service and you lose your right of revocation upon complete fulfillment of the contract;
- for the delivery of newspapers, journals or magazines, with the exception of subscription contracts; and
- for the delivery of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only be made after 30 days and the current value of which depends on fluctuations in the market, over which the entrepreneur has no influence.
§ 10 Data protection
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided the provider has given the persons concerned prior written consent.
(4) You have the right to receive complete information from Wocess at any time and free of charge regarding the data stock that concerns you.
(5) Furthermore, the user has the right to correction/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 11 Place of jurisdiction and applicable law
(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
§ 12 Final provisions
(1) Contract language is English.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Wocess only with the involvement of a parent or guardian.
(3) If you violate these terms and conditions and we do not take any action against this, we are still entitled to exercise our rights on any other occasion in which you violate these terms and conditions of sale.
(4) We reserve the right to make changes to our website, rules, conditions including these Terms and Conditions at any time. Your order shall be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they shall also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should such a case occur, the provision shall be replaced by another legally admissible provision that corresponds to the meaning and purpose of the invalid provision.