General Terms and Conditions (GT&C)
for Use of the Online Portal Landbell EASy-Shop
of the Operator Landbell AG
- Rev. September 2018 -
Landbell AG (“Landbell”) operates a commercial system for the collection of packaging subject to system participation in the Federal Republic of Germany. The European Recycling Platform Austria GmbH (ERP) operates a collection and recycling system for household packaging in the Republic of Austria. Landbell is the owner of the internationally registered trade mark “Landbell-Baum” (Landbell Tree) which the packaging participating in its system can be labelled with. The services of Landbell and ERP are rendered on the basis of independent contracts. The online portal Landbell EASy-Shop allows manufacturers and distributors of packaging obliged by law, subject to system participation (Germany) and manufacturers/distributors of household packaging (Austria) (“Users”), the conclusion of a so-called Participation Agreement (packaging subject to system participation, Germany) or Participation Agreement (Austria) (“Agreement”). This is effected pursuant to the following terms and conditions:
1. Authorization to Use
The User may only use the Landbell online portal www.landbelleasy-shop.de after having expressly confirmed acceptance of these General Terms and Conditions (“GT&C”). These GT&C are an essential part of the Agreement concluded with the User.
2. Scope of Use
The Landbell EASy-Shop online portal is exclusively available to commercial manufacturers and distributors or manufacturers/distributors and has the exclusive function to process related data and handle the payment transactions in connection with a concluded Agreement. The activities of Landbell cover all federal states of the Federal Republic of Germany; the activities of ERP cover the entire federal territory of Austria.
The following paragraph including Items (1) to (5) is only applicable in Germany:
The User is expressly made aware of the fact that the conclusion of an Agreement does not entitle to use the trade mark “Der Grüne Punkt”. The User is authorized, but not obligated, to use the figurative mark “Landbell-Baum” (Landbell Tree) registered at the European Union Intellectual Property Office (formerly: Office for Harmonization in the Internal Market) under No. 004932232 on 24 May 2007 and/or the word mark “Landbell” registered under No. 001345719 on 18 December 2000, as depicted in the upper right corner of an Agreement, as follows:
(1) The User’s right to use the figurative mark “Landbell-Baum” (Landbell Tree) and the word mark “Landbell” according to Section 2 of these GT&C is limited to the term of the respective Agreement concluded with Landbell and to the packaging covered by said Agreement.
(2) The User is not entitled to dispose of its right to use the trade mark or to transfer it as a whole or in part to a third party, unless with the prior written consent of Landbell.
(3) All costs of and other expenses for using the licensed trade mark shall be borne by the User.
(4) Landbell is not liable for any trade park infringements by third parties.
(5) Upon termination of the Agreement, on whatever legal ground, the User shall not be entitled anymore to label and/or put into circulation any further packaging subject to system participation with the figurative mark “Landbell-Baum” (Landbell Tree) or the word mark “Landbell”. Except in cases of a justified extraordinary termination by Landbell according to Section 6 of these GT&C, for a period of up to three months, the User shall continue to be allowed to put into circulation any packaging subject to system participation that has already been labelled with the mark.
3. Technical Malfunction / Liability of Landbell AG as Operator
3.1 In case of technical malfunction, Landbell shall correct them as quickly as possible within the scope of what is reasonable. It shall - as far as technically feasible and reasonable - inform the User about it.
3.2 Landbell’s liability as operator is limited - to the legally permissible extent - to intent and gross negligence. In cases of slight negligence, Landbell shall only be liable for damage resulting from fatal injury, bodily harm or damage to health of persons.
4. Data Protection
Commissioned Processing of Personal Data
The User is the controller and Landbell or ERP, respectively, is the processor according to Art. 28 General Data Protection Regulation (GDPR).
Landbell or ERP, respectively, is exclusively authorized to process those personal data that are required for performing the contractual obligations. Any processing of personal data for other purposes is excluded.
Landbell and ERP ensure that all persons dealing with the processing of personal data have obliged themselves to observe secrecy and comply with data protection. The User obliges itself to treat the information it obtains knowledge of within the framework of the performance of the Agreement confidentially as well.
Landbell and ERP are obliged to take the measures to be taken according to Art. 32 GDPR for ensuring security of the processing and for achieving a level of data protection appropriate to the risk and to render respective proof to the User. They shall support the User in connection with the fulfilment of the rights of data subjects pursuant to Arts. 12 to 23 GDPR as well as of the duties incumbent pursuant to Arts. 32 to 36 GDPR upon User’s first request.
The User grants Landbell as well as ERP the general written authorization to involve further job processors. Landbell and ERP enable the operation of the www.landbelleasy-shop.de online portal with the help of the following subcontractors:
Heidelpay, HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l. and PayPal; for Austria in addition: European Recycling Platform (ERP) Austria GmbH.
Consent: Use of the Landbell EASy-Shop is regarded as your consent to the collection and use of this information.
Regarding questions on data protection, our external representative Mr. Arndt Halbach of GINDAT GmbH, Wetterauer Str. 6, 42897 Remscheid, E-mail: datenschutz[at]landbell.de, Tel.: 02191-909 430 (Germany) or sales-austria[at]erp-recycling.org (Austria) will be at your disposal.
SSL encryption: We encrypt all data using the SSL security certificate. The following data are encrypted: personal data, credit card information, account data.
Information collection and utilization: When you place an order with us, we must ask you for your name, your e-mail address, your business address and your data required for handling payment transactions. Only this way, we can handle and perform your order. It is known to the User and the User agrees that the personal data required for registration are stored on data carriers. The user expressly consents to the collection, processing and utilization of his/her personal data. Of course Landbell AG will treat the stored personal data confidentially. The personal data of the User are collected, processed and used in accordance with the respectively applicable legal data protection regulations for Germany and Austria.
Storage of addresses: We treat your information in a strictly confidential manner. We only store your name, your address as well as order-related and legally permissible data in our IT system.
5. Offer and Conclusion of Agreement
5.1 We can accept an order placed and payment made by the Client that is to be classified as a binding offer to conclude an Agreement within one week by sending a confirmation. Usually, the confirmation is immediately sent by e-mail. If the offer to conclude an Agreement should not be accepted by us in an exceptional case, this will be notified by e-mail and the payment made will be refunded without delay.
5.2 Before conclusion of the Agreement, our offers are without obligation and not binding, unless we have expressly designated them as being binding.
5.3 If due to erroneous information given by the Client within the scope of the offer to conclude an Agreement or within the framework of the annual report, a correction of the Agreement, of the invoice or of the annual volume confirmation should become necessary, lump-sum administration costs in an amount of € 10.00 plus VAT at the legal rate shall be payable in every individual case.
6. Landbell’s Right of Extraordinary Termination
Notwithstanding the provisions governing term of contract and termination in the respective Agreements, either of the parties shall have the right of extraordinary termination of the Agreement for good cause. For Landbell, a good cause is in particular, without limitation:
(1) Delay in payment of the other party by more than four weeks when a written warning with a period set was given before and remained without result;
(2) Wrong information given by the other party within the scope of the planned packaging subject to participation and/or of the final annual report (§ 2 Section 2 of the Agreement) that has not inconsiderable effects on its payment obligations;
(3) Cessation of payments by the other party;
(4) Filing of a petition for the institution of insolvency proceedings against the assets of the other party or their opening or discontinuation of such proceedings for lack of assets.
7. Cessation without Termination for Other ReasonsThe User is obliged to keep its user data provided in the course of registration on the www.landbelleasy-shop.de online portal currently updated. In the event the User should not be contactable electronically or by post anymore, this Agreement shall cease at the point of time the User is not contactable anymore without a written notice of termination by Landbell being required. In such case, Landbell shall have the right to exclude the User from further utilization of the online portal (e.g. by blocking the account).
8. Application of the Provisions of the Agreement
As for the rest, there apply the respective provisions of the Agreement concluded between Landbell AG (for Germany) or European Recycling Platform (ERP) Austria GmbH (for Austria) and the Client.
9. General Provisions