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General Terms and Conditions for Products and Services in the Marketplace on the Website “Circular Pro” of Raan GmbH

A. General provisions

I. Definitions of terms

These general terms and conditions (GTC) shall apply to services and products, which are offered on the marketplace on the website “Circular Pro”, available at: https://circular-pro.com/solutions/, by Raan GmbH, Unterm Damel 17, 35745 Herborn, Deutschland (“Supplier”) and which the Client recognizes by concluding a contract with the Supplier.
“Order” refers to the contractual relationship without regard to the respective type of contract, i.e. regardless of whether it is a contract to produce a work, a service contract or any other contract.
These General Terms and Conditions (“GTC”) shall only apply if the Client is an entrepreneur (§ 14 of the German Civil Code), a legal entity under public law or a special fund under public law.
These GTC shall apply exclusively. Any differing, conflicting or supplementary terms and conditions of the Client shall only become part of the contract if and to the extent to which the Supplier has expressly agreed to their validity in writing.
If any individual written agreements exist between the parties (including additional agreements, supplements, amendments or additions) which differ from or contradict the provisions of these GTC, those individual provisions shall take precedence.

II. Object of the contract, scope of services and performance, subcontractors, partner of the Supplier

The object of the contract are various services in the field of obligations under extended producer responsibility (EPR obligations) for various product categories as packaging or electrical and electronic equipment (WEEE) in the European Economic Area (EEA), Switzerland and Great Britain which the Supplier offers on the website “Circular Pro”. The special requirements and conditions of the individual services are specified under « B. Individual products and services ». The Contractor shall provide its services on the basis of the information provided by the Client and the selected services.
The Supplier shall perform the services incumbent upon them on their sole responsibility and shall be free in their choice of working hours and location as well as in the selection and allocation of personnel. No employment relationship has been or shall be established between the Client and the Supplier.
The Supplier shall be free to also work for other Clients and to perform or provide other services.
The Supplier shall be entitled to commission third parties (“Subcontractors”) to wholly or in part perform the tasks and service obligations incumbent upon the Supplier. Subcontractors shall be paid exclusively by the Supplier. No direct contractual relationship shall be established between any Subcontractors and the Client. In this regard, any references contained in these GTC to the Supplier shall also apply to Subcontractors.
If and when the Supplier offers seminars, webinars, video conferences or other events on the subject matter or subject areas covered by the contract or similar subjects, these pursue the sole purpose of providing information or a general overview of certain issues and subjects. Any content presented and considerations made in the context of the aforementioned events, in particular regarding legal aspects, are made without any guarantee whatsoever that the contents are correct, up-to-date and/or complete. In particular, they do not constitute legal advice or legal services for topics with legal relevance, nor can they and are they intended to replace such advice or services for reasons of professional ethics. All legal counselling must be provided on an individual basis by a lawyer, taking into account the circumstances of each particular case.
In addition to the products and services offered on the marketplace “Circular Pro”, the Client also has the option of accessing the websites of the Supplier’s partners via corresponding links and purchasing products and services there. In this case, the contractual conditions of the respective partner apply.

III. Conclusion of the Contract

If the Client wishes to purchase a product or service offered on the website “Circular Pro”, they select it on the website and places the service or product in the shopping cart. The Client can view the contents of the shopping cart at any time without obligation by clicking on the shopping cart button. The individual prices for the respective service or product and the total amount are displayed in the shopping cart. The Client can remove services or products at any time by clicking on the delete button in the shopping cart view.
For certain services or products, it is necessary for the Client to provide various information in the ordering process in order for the Supplier to provide the service.
If the Client wishes to purchase the contents of the shopping cart, they click on the respective checkout button and enter the checkout. The summary of the order is also displayed in the checkout. In the checkout, the Client follows the instructions there and selects a payment method via the payment service provider « Stripe ». They then agree to these terms and conditions and the privacy policy and then click on the payment button. This initiates a payment in real time. The order for the selected services and products is concluded by clicking the payment button. By clicking the payment button, the Client submits a binding offer.
After completion of the order, the Client will receive a confirmation email, including an invoice. Depending on the service or product ordered, the client receives further information by e-mail about the further course of the service or product delivery.

IV. Services of the Supplier

If the Client has completed the order process and made a successful real-time payment via the payment method, which is provided by the payment service provider « Stripe », the Supplier provides the ordered service or product. The performance time varies depending on the service or product ordered and is specified on the respective website, in the shopping cart of the order confirmation.
Irrespective of the respective nature of the services and products ordered, the Supplier’s services do not constitute legal advice. The Contractor is under no obligation to update the service provided.

V. Contract term, post-contractual obligations upon termination of the contract

The duration of the contract may vary depending on the purchased service and product. In general, the contractual relationship ends upon completion of the respective service or product ordered.
The Supplier is under no obligation to update the service or product provided. The duration of the contract may vary depending on the purchased service and product. In general, the contractual relationship ends upon completion of the respective service or product ordered.The Client can terminate the Client Account by deleting the Client Account. The account can only be deleted if and insofar as the Client does not manage or utilise any ongoing services or other contracts via the Client Account. The Client Account can only be cancelled after termination of the respective contracts between the parties.

VI. Client’s duty to cooperate

The Client shall provide the Supplier with all documents necessary for the performance of their activities in a timely manner, as well all necessary information, and inform the Supplier of all processes and circumstances relevant for the performance of the order.
If the Client fails to comply with their duty to cooperate and if, as a consequence, the Supplier is partially or wholly unable to complete their Consulting Services within the agreed period of time, the period of time agreed for this purpose shall be extended as appropriate.

VII. Invoicing, prices, payment, packaging, set-off

The prices at the time of the order shall apply. The prices stated on the order page are final prices in euros and are to be paid in euros plus the applicable VAT.
Payment is made via the payment service provider « Stripe ». For payment, the customer selects one of the payment methods offered by « Stripe » in the checkout. After entering all the required data and confirming the payment, the client can confirm the real-time payment. The client will receive the invoice by email after the payment has been made. Further information and the terms of use for « Stripe » can be found at: https://stripe.com/de/privacy.
The Client’s right of retention shall be limited to counter-claims that have been legally established, are ready to be adjudicated upon or are undisputed.

B. Individual products and services

I. Online Meetings

With the help of the booking calendar available on: https://circular-pro.com/contact-us/calendar-booking/, the Client can book a digital consultation appointment with experts from the Supplier’s partner network for the European market. The subject of the consultation is, in particular, information on obligations relating to extended producer responsibility (EPR obligations) for various product categories as packaging or electrical and electronic equipment (WEEE) in the European Economic Area (EEA), Switzerland and the UK. The counselling takes place online.
To book an appointment with an expert from the Supplier’s partner network, the Client must make various selections in the booking tool. In particular, the Client selects from the following categories:
– the country for which the Client wishes to book the consulting services,
– the topic of the desired consultation on EPR obligations,
– the expert,
– the date and time of the consultation appointment.
3. The contractual relationship regarding the booked online meeting ends when the booked consultation is completed.
4. The booking of an online meeting with the booking calendar constitutes a binding obligation.
5. If the Client is unable to keep a booked appointment, he has the option of rescheduling or cancelling this appointment free of charge via the corresponding link.
6. If the Client cancels a booked appointment, the Supplier shall initiate the refund of the paid remuneration with the payment service provider Stripe. The refund may take up to 10 working days.

II. Webinars

The client can book webinars on various topics on the field of the extended producer responsibility (EPR obligations) for various product categories as packaging or electrical and electronic equipment (WEEE) in the European Economic Area (EEA), Switzerland and the UK via the website “Circular Pro” in the marketplace area. Webinars take place online and are carried out by partners from the Supplier’s partner network.
To participate in a webinar by partners from the Supplier’s partner network, the Client must provide various information during the booking process. In particular, the following information are queried:
first name and surname,
company name,
company headquarters,
e-mail-Adress.
In order to finalise the registration for a webinar, the Client must agree to the webinar’s conditions of participation.
Depending on the offer, webinars are either free of charge or subject to a fee. If the offer is subject to a fee, the Client shall also follow the process as described in Section A. (III).
The contractual relationship regarding the booked webinar ends when the booked webinar is completed.
The booking of a webinar constitutes a binding obligation.
If the Client cancels up to 48 hours before a chargeable webinar, the Supplier will arrange for a refund of 90% of the amount paid. 10% will be retained as a service fee. If the Client cancels less than 48 hours before a fee-based webinar, no refund will be made.
Cancellations of free of charge webinars are possible at any time.

III. Reports

On the website “Circular Pro” in the marketplace area the Client can purchase digital reports from experts from the Supplier’s market partner network. In particular, the object of the report are information on obligations relating to extended producer responsibility (EPR obligations) for various product categories as packaging or electrical and electronic equipment (WEEE) in the European Economic Area (EEA), Switzerland and the UK. Reports are made available online.
If necessary, the topic or the category of the required counselling on EPR obligations. If the Client wishes to receive a digital report from experts from the Supplier’s market partner network, the Client selects a report from the available offer in the marketplace. In particular, the Client selects from the following categories:
– the country, for which the Client wishes to purchase the report,
– if necessary, the topic or the category of the required counselling on EPR obligations.
In order to receive a digital report from an expert from the Supplier’s partner network, the Client must provide further information, depending on the report, so that a service can be provided. For this purpose, a questionnaire is sent to the Client by e-mail, which must be answered within 7 working days and returned to the Supplier/expert by e-mail. If the Client has successfully completed the questionnaire, the Supplier will send the Client a confirmation of receipt. The expert then prepares the report and makes it available to the Client online. Delivery times are a maximum of 10 working days after receipt of the questionnaire, if and insofar as the questionnaire has been successfully completed by the Client. If the questionnaire has not been sufficiently completed by the Client, the Supplier will return the questionnaire to the Client by e-mail and ask him to complete the questionnaire with the information still required. If the Client does not successfully complete and return the questionnaire despite two reminders by the Supplier by e-mail, the Client shall be in default of acceptance.
The contractual relation ends with the sending of the finalised report by e-mail. If an offer was previously selected that automatically includes a consultation appointment for the report, the contractual relationship ends after the consultation appointment has been carried out. The date of the consultation appointment is agreed individually by email between the client and the expert after the booked report has been sent to the client. The consultation appointment takes place via online video telephony.
If the Client is unable to keep a booked appointment, they have the option of rescheduling or cancelling this appointment free of charge via e-mail enquiry to support.
If the Client cancels a booked report before the expert starts preparing the report, the Supplier will arrange for a refund of 90% of the amount paid. 10% will be retained as a service fee. The refund may take up to 10 working days.
If the Client cancels a booked appointment after the corresponding report has already been prepared and made available to the Client, no reimbursement will be made.

IV. Digital files

On the website “Circular Pro” in the marketplace area the Client can purchase digital files from experts from the Supplier’s market partner network. Depending on the offer, the digital files include various listings and information on obligations relating to extended producer responsibility (EPR obligations) for various product categories as packaging or electrical and electronic equipment (WEEE) in the European Economic Area (EEA), Switzerland and the UK. Digital files are made available online.
If the Client wishes to receive a digital file from experts from the Supplier’s market partner network, the Client selects a digital file from the available offer in the marketplace. In particular, the Client selects from the following categories:
– the country, for which the Client wishes to purchase the digital file,
– if necessary, the topic or the category/material
In order to receive a digital file from an expert from the Supplier’s partner network, the Client must provide further information, depending on the digital file, so that a service can be provided. For this purpose, a questionnaire is sent to the Client by e-mail, which must be answered within 7 working days and returned to the Supplier/expert by e-mail. If the Client has successfully completed the questionnaire, the Supplier will send the Client a confirmation of receipt. The expert then prepares the digital file and makes it available to the Client online. Delivery times are a maximum of 10 working days after receipt of the questionnaire, if and insofar as the questionnaire has been successfully completed by the Client. If the questionnaire has not been sufficiently completed by the Client, the Supplier will return the questionnaire to the Client by e-mail and ask him to complete the questionnaire with the information still required. If the Client does not successfully complete and return the questionnaire despite two reminders by the Supplier by e-mail, the Client shall be in default of acceptance.
The contractual relation ends with the online provision of the respective digital files.
If the Client cancels a booked digital file before returning the completed questionnaire, the supplier shall arrange for the refund of the remuneration paid. The refund may take up to 10 working days.
If the required questionnaire has already been completed and returned by the Client, cancellation is no longer possible.

C. General final provisions

I. Intellectual property

All property rights and copyrights to the works created by the Supplier, their employees or commissioned third parties (in particular: offers, reports, analyses, expert opinions, organisational plans, programmes, performance specifications, drafts, calculations, drawings, data carriers etc.) shall remain with the Supplier. Unless otherwise agreed, the Client may use them solely for the purposes within the scope of the contract during the contractual relationship and after its termination. The Client shall not be entitled to reproduce, distribute and/or make the work(s) publicly available to third parties without the Supplier’s express consent. Under no circumstances shall an unauthorised reproduction/distribution of the work(s) give rise to any liability whatsoever on the Supplier’s part towards third parties – in particular with regard to the accuracy of the work(s).
The Client shall not be granted any licences and other rights or titles – of any kind whatsoever – by means of the contractual relationship; this shall in particular include rights to names, patents, utility models and/or trademarks as well as other industrial property rights, which shall not be granted by means of the contractual relationship, nor shall a corresponding obligation to grant the Client such rights result from it.

II. Cession

The Client shall not be entitled to wholly or in part cede the rights and obligations arising from the contract or parts thereof to third parties without the Supplier’s prior written consent.
The Supplier shall be entitled to transfer their rights and obligations from the contractual relationship to third parties, in particular to companies affiliated with them as set forth in AktG § 15 (Aktiengesetz/German Stock Corporation Act).

III. Confidentiality

The Supplier and the Client shall both maintain full confidentiality and shall only disclose to third parties any information, data and documents made available to them both before, during and after the termination of the present contract in order to perform said contract to the extent necessary to (i) perform this contract, (ii) take out an insurance policy, (iii) assert any claims under this contract or (iv) for legal reasons. Companies affiliated with the parties to the contract as set forth in AktG § 15 (Aktiengesetz/Stock Corporation Act) shall not be considered third parties within the meaning of this contract.
Prior to using specific work results of the contractual services for advertising purposes, whether wholly or in part, the Client shall obtain the Supplier’s written consent. This shall also apply to the use of industrial property rights such as the Supplier’s trademarks or logos. Consent shall be obtained in writing for each individual use.

IV. Data Protection

The parties undertake to comply with the statutory and contractual provisions on data protection when processing the confidential information. This also includes state-of-the-art technical security measures (Art. 32 DSGVO) and the obligation of employees to maintain data secrecy (Art. 28 para. 3 subpara. 1 sentence 2 lit. b DSGVO).

VI. Disclaimer

The Supplier shall not be liable for negligent breach of duty, except where damage inflicted upon life, body or health, guarantees or claims under the Product Liability Act (Produkthaftungsgesetz) are concerned. Moreover, liability for gross negligence and intent as well as for the breach of obligations whose fulfilment is a prerequisite for the correct performance of the contract and upon whose observance the Client may as a general rule rely shall remain unaffected. The same shall apply to any breaches of duty by the Supplier’s vicarious agents. Furthermore, the Supplier shall not be liable for the Client achieving a certain economic success due to the consulting services.
In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the present contract, the Supplier’s liability shall be limited to the amount of damage foreseeable and typical for the nature of the transaction in question.
There shall be no further liability on the Supplier’s part.
The above limitation of liability shall also apply to the personal liability of the Supplier’s employees, representatives and bodies.

VI. Concluding provisions

If any provision of these General Terms and Conditions is or becomes wholly or partially void, infeasible, invalid or unenforceable, this shall not affect the validity of the remainder of the provisions or of these General Terms and Conditions.
In case of any discrepancies between the different language versions of these General Terms and Conditions, the German version shall prevail at all times. The same shall apply to the interpretation of these General Terms and Conditions.
Cologne shall be the sole – and international – place of jurisdiction for all disputes arising between the Client and the Supplier, insofar as permitted by applicable law.
These GTC shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Last updated: 06/2024

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