General Terms and Conditions of GFA Certification GmbH for the use of the timber-risk.com portal
1. Subject Matter of the Contract
GFA Certification GmbH, entered into the commercial register of the district court Hamburg, HRB 125583, (hereafter referred to as “GFA“ or “we“), provides companies with timber-risk.com© for use in the online portal “www.timber-risk.com“. GFA provides these services on the basis of the following general terms and conditions that you accept with your registration. These general terms and conditions exclusively apply to the services offered by GFA in this portal. Opposing or deviating conditions are excluded even if GFA does not expressly object to them or accepts services without reservation.
2. The timber-risk.com© Portal
2.1 For all companies processing or trading in timber or timber products, it is important to assess the risk as to whether the timber originates from illegal logging. In some countries and regions, statutory regulations oblige companies to see to it that they do not use or trade in timber from illegal logging, such as the European Timber Regulation in the EU, the Lacey Act in the USA and the Illegal Logging Prohibition in Australia. Due diligence obligations usually include a self assessment of the risk to what extent timber might be illegal.
timber-risk.com© gives companies the possibility to get a first estimate of potential risks via a simple IT-based inquiry option based e.g. on type of wood and origin independent from the mentioned provisions and statutory regulations. Furthermore, there are suggestions on how to minimize potential risks.
2.2 timber-risk.com© is a portal to support companies which want to apply due diligence regulations.
What isn’t timber-risk.com©?
timber-risk.com© is neither a risk assessment procedure nor a risk minimization procedure pursuant to Section 6 EU Timber Regulation, nor a procedure pursuant to Part 2, Division 2, Section 14 of the Illegal Logging Prohibition Act (Australia) or comparable regulations. Even if companies use this platform, they are still obliged to carry out such procedures under their own responsibility and to take all measures required to abide by the applicable laws.
timber-risk.com© is not intended for the validation of delivery documents and other information entered by the user.
GFA Certification GmbH is not a monitoring organization as per Section 8 EU Timber Regulation.
With regard to the data provided by you and the comparative calculation, GFA makes an effort to be up-to-dated, complete and correct. However, GFA is not obliged to include all publications and information available in the market into the calculations. Any information on species of wood, legality, etc. or other information in the portal do not constitute binding advice to the user, but serve to facilitate the user’s independent decision which GFA cannot influence. Information may not be understood as a guarantee or warranty. In particular, GFA’s services do not constitute legal advice.
3. Contract Conclusion
3.1 The presentation of services on the website does not constitute a binding offer by GFA, but a non-binding request for you to make a binding offer to order the selected services. You make this offer when sending the order by pressing the button “order with costs” after you have gone through the order process on the page My Contingent / Increase Contingents. Before placing the order, you may at any time access and change the order information in the shopping basket. You may place the order in German or in English.
3.2 When you place your order, we will send you an email confirming receipt of your order, listing the details and accepting your offer, as the case may be. Acceptance of the offer is entirely at GFA’s discretion.
3.3 The contract text including the details of your order and the applicable terms and conditions will be sent to you by email.
4.1 The use of the software requires that you register as a user, open a user account and agree to these general terms and conditions.
4.2 Registration is only allowed for entrepreneurs, i.e. natural or legal persons or partnerships having legal capacity which act by exercising their commercial or freelance professional activity. It is not possible for consumers to register.
4.3 If you register as a representative of a legal person or partnership, you have to indicate your name and assure that you are authorized to represent.
4.4 All data has to be complete and correct for the registration. If data changes after registration, you are obliged to update the information immediately.
4.5 The user account can be used by one employee of your company. The employee has to carefully secure access to the user account and in particular keep the password secret. If there are indications that an account was misused, you have to inform us immediately. The employee in charge is not allowed to pass on his registration data and password to other employees of the company. If additional employees shall get access to the portal, additional user accounts have to be set up.
4.6 Registration does not constitute the right to e use the services or to enter into contracts on the provision of the services.
4.7 Accounts which are not used for more than one year will be deactivated by GFA. In order to use the account again, you have to re-enter your full registration details.
5. Rights of Use
Once the contract is concluded, you are entitled to use the portal to the extent agreed by accessing the website with GFA’s authorized internet browsers. The software is not provided for local installation on your systems. Furthermore, you are not entitled to use the software application beyond the agreed use or to make it available to third parties or to copy, sell or convey the software, and in particular not to lease the software.
6. User’s Duties and Obligations
You are obliged to provide all necessary participation services required to carry out the contractually agreed services in full and on time. In particular, you have the following obligations:
6.1 You are obliged to respect all applicable laws and other statutory regulations when using the portal and the other services, in particular the laws of the Federal Republic of Germany as well as the national and international copyright and trademark, patent, naming and branding rights as well as other industrial property rights and third-party personality rights.
6.2 You are obliged to notify the employees who will use the portal of all the details of this contract before they start using it, in particular of these general terms and conditions. You are liable for all breaches of duty committed by your employees as well as other third parties in the sphere that is in your control unless you can prove that you are not responsible for such breaches
6.3 You are obliged to provide efficient internet access and suitable hardware and operating system for the use of the portal under your own responsibility and at your own cost.
6.4 It is prohibited to use software or other techniques and procedures for the portal which are capable of infringing its operations, security and availability.
6.5 You release us and our vicarious agents from all third-party claims arising from an unlawful use of the portal and the associated services. If you detect or have to realize such imminent violation, you are obliged to inform us accordingly without delay.
6.6 You are liable towards us for all breaches of duty committed by your employees or vicarious agents and other third parties in the sphere that is in your control unless you can prove that you are not responsible for the violation of duty.
7. Remuneration, Payment, Advance Payment Obligation
7.1 For the payment of the services, the respective information on the order page “Contingent“ shall apply.
7.2 All information on remuneration and additional charges are net prices plus statutory VAT and taxes.
7.3 Invoicing is done according to the payment procedure selected by you. All payments are due upon purchase of the contingent.
7.4 You also have to pay prices incurred by the user who was registered and thereby authorized by you. The same applies in the event of unauthorized use by third parties, if and insofar as you are responsible for such use.
7.5 Off-setting is only allowed insofar as your counterclaim is legally binding or uncontested. You are only entitled to lien on the basis of counterclaims arising from this contractual relationship.
8. Limitation of Liability
8.1 GFA is liable without limitation for intentional or grossly negligent damages caused by its legal representatives or vicarious agents.
8.2 In the event of slight negligence, GFA is liable without limitation in cases of harm to life, body or health.
8.3 Apart therefrom, GFA is only liable insofar as it has violated a substantial contractual duty (cardinal duty). Cardinal duties are such contractual duties the fulfillment of which is essential for the contracts proper enforcement and adherence to which the contract partner may regularly rely on. In these cases, liability is limited to compensation of foreseeable and typically occurring damages.
8.4 Liability without fault for defects already existing upon contract conclusion pursuant to Section 536 a German Civil Code (BGB) is excluded.
8.5 Liability under the German Product Liability Act shall remain unaffected.
8.6 Insofar as you use free services in the portal, GFA is only liable for intent and gross negligence and for fraudulent concealment of defaults (Sections 599, 600 BGB).
9. Termination of the Account
9.1 Termination with notice: GFA is entitled to terminate accounts at the latest on the third working day of a calendar quarter for termination upon expiry of the next calendar quarter.
9.2 The right to termination for cause remains unaffected.
9.3 Termination can be made in writing by letter, facsimile or email.
9.4 You are obliged to download all your data on time before termination becomes effective. In the event of termination for cause, the data will be available an additional ten days following the day on which termination becomes effective. The data will then be deleted.
10. Changes to these General Terms and Conditions
In accordance with the following conditions, GFA reserves the right to amend these general terms and conditions in consideration of GFA’s interests if such amendment is reasonable for you; this is the case in particular if the amendment does not entail substantial legal or financial disadvantages for you, for instance in the event of changes in the registration process, changes of contact information. Besides, GFA shall inform you in due time before changing these general terms and conditions, but at the latest one month before they are supposed to become effective. The respective information is sent to the email address indicated by you. Should you not agree to an amendment intended by GFA, you have the right to object to such amendment within one month after notification. If you object in time, GFA is entitled to terminate the contract by the end of the calendar month with a notice of one month.
11. Final Provisions
11.1 Should a provision of this contract be or become invalid or void, the validity of the remainder of the contract shall remain unaffected. In such case, the parties are obliged to agree to a valid provision in place of the invalid or void provision which matches the invalid provision as closely as possible in economic terms. The same applies in case of a gap.
11.2 Any change or amendment to this contract has to be made in text form pursuant to Section 126 a German Civil Code. This also applies to the suspension of this form requirement.
11.3 This contract is subject to German law. The parties agree that the exclusive place of jurisdiction for disputes arising from or in connection with this contract shall be Hamburg.
Last update: 21.09.2015