General terms and conditions
www.designforfeeding.com
1. Scope
The following General Terms and Conditions (hereinafter "GTC") are aimed solely at entrepreneurs and apply to all offers and orders resulting from our online platform www.designforfeeding.com.
An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
Regarding entrepreneurs, these terms and conditions also apply to future business relationships without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected. These terms and conditions only become part of the contract if we have expressly agreed to them.
2. Technical specification, type of offer and conclusion of contract
The request for an offer is addressed to RNA Digital Solutions GmbH.
The customer uploads the essential characteristics of the conveyed materials via the online platform www.designforfeeding.com in the file format specified there (“product specification”). RNA Digital Solutions GmbH evaluates the technical specifications if the customer starts an offer request.
The request for an offer is non-binding and is based on the technical specifications you have made and by clicking the request button. Immediately after sending the request for quotation, you will receive a confirmation by email. Within 24 hours you will receive a non-binding offer for your conveyed materials, taking into account the technical specifications that have been made. In order to conclude a contract for the manufacturing of a feeding system, an explicit declaration of intent from both contracting parties is required once the non-binding offer has been made.
3. Terms of delivery
The delivery conditions for feeding systems are contained in the offer text and apply exclusively to the respective offer.
4. Offer and manufacture according to customer specifications
You have the opportunity to request an offer for feeding systems that are designed according to your technical specifications. The data records you have provided are the basis for the content of the offer.
The customer assures RNA Digital Solutions GmbH that a complete and correct product specification has been transmitted.
The customer assures RNA Digital Solutions GmbH to be authorized to use the product specification and grants the rights of use required to carry out the request for a quotation.
A check of these data records for circumstances other than those necessary for feeding technology is not part of our performance obligations. You also have to check in advance whether the conveyed materials produced on the basis of your specifications are suitable for a purpose that you have assumed after they have been processed by the feeding system. There is no guarantee for errors in the feeding system that are based on errors in the data records you have transmitted. This does not apply in the case of intent or gross negligence.
5. Further obligations and assurances of the customer
The customer ensures that the contact details communicated to RNA Digital Solutions GmbH are correct and up-to-date and that e-mail traffic is technically ensured and, in particular, is not prevented by SPAM filters. The customer ensures a high level of protection of the devices with which he communicates via the website www.designforfeeding.com against viruses and other harmful computer programs.
The customer ensures to meet the technical requirements for using the website www.designforfeeding.com.
The customer assures to act as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and that the customer is solvent.
6. Data protection
The customer acknowledges that the use of personal data is necessary for the preparation of an offer. RNA Digital Solutions GmbH does not process any personal data that are not required to carry out the order process and the customer does not transmit any such data to RNA Digital Solutions GmbH.
The customer also ensures that personal data in the product specifications or other specifications with the characteristics of a text are transmitted to RNA Digital Solutions GmbH with the consent of the persons concerned for the preparation of an offer or and that RNA Digital Solutions GmbH is released from all claims in this regard.
7. Confidentiality
For the purposes of this agreement, “confidential information” means all non-public, confidential and / or protected information of the customer and RNA Digital Solutions GmbH, including information relating to technologies, products, intellectual property, finances, activities and business, including technical drawings (in particular CAD models), information about conveyed materials or business information relating to these technical drawings (in particular CAD models) and conveyed materials that the customer discloses to RNA Digital Solutions GmbH, regardless of whether this is done in writing, electronically or verbally, in particular technical data, scientific information, research goals, inventions, strategic plans, development plans and official plans, project records, guidelines and procedures, information on processes or technologies as well as the fact that the customer has requested or commissioned RNA Digital Solutions GmbH.
RNA Digital Solutions GmbH and the customer agree to keep all confidential information secret. RNA Digital Solutions GmbH agrees to use the confidential information exclusively for the purpose of evaluating the product specification and for preparing an offer to the customer, as well as for the production of a feeding systems as well as the improvement and further development of the offers of RNA Digital Solutions GmbH.
Irrespective of the other provisions, RNA Digital Solutions GmbH has the right to pass on the confidential information to (sub) contractors or manufacturers if this appears expedient for the fulfillment of the contract. RNA Digital Solutions GmbH ensures that all (sub) contractors or manufacturers commissioned by it, who receive access to confidential information, commit themselves to the same degree of confidentiality as RNA Digital Solutions GmbH in this agreement.
The confidentiality obligations of RNA Digital Solutions GmbH do not apply to confidential information,
- which have already been made available to the public;
- which became available to the public after disclosure without this being based on an unlawful act on the part of RNA Digital Solutions GmbH;
- for which RNA Digital Solutions GmbH can prove that it received the information legitimately from a third party and that this third party was entitled to disclose it and did not breach any confidentiality obligation when it was disclosed;
- where RNA Digital Solutions GmbH can prove that this information was developed independently without reference to or through the use of confidential information by RNA Digital Solutions GmbH itself or for it and RNA Digital Solutions GmbH can prove this by means of written records;
- which RNA Digital Solutions GmbH must disclose based on applicable law. If RNA Digital Solutions GmbH is obliged to disclose confidential information due to official or court orders, RNA Digital Solutions GmbH will inform the customer immediately in order to enable him to participate in such a procedure and to take suitable measures to prevent disclosure.
8. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Oral side agreements have not been made. Supplements and changes to the contract must be made in writing. This also applies for the waiver of the written form requirement.
If any of the above-mentioned provisions are or become inapplicable or their validity is excluded by agreement, this shall not affect the validity of the other provisions. If any of the above-mentioned provisions are or become ineffective, the parties are obliged to agree on a regulation that corresponds to the ineffective provisions.