General Terms and Conditions (GTC)
General Terms and Conditions (GTC) of OLN GmbH
§1 Scope of Application
These General Terms and Conditions (GTC) apply to all business relationships between OLN GmbH (hereinafter "OLN") and its customers.
Customers within the meaning of these GTC are both purchasers of logistics services (hereinafter "Purchasers") and providers of logistics services (hereinafter "Providers").
Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless OLN expressly agrees to their applicability.
§2 Subject Matter of the Contract
OLN mediates warehouse spaces between Providers and Purchasers and takes over the digital marketing of the warehouse spaces on its platform. OLN does not provide warehousing services itself.
The parties to the warehousing services contract are the Provider and the Purchaser. OLN is solely responsible for the mediation and digital marketing services.
§3 Conclusion of the Contract
The Provider accepts OLN's GTC by creating a user account.
The contract and the commission for digital marketing by OLN become effective upon the acceptance of the GTC when publishing the respective warehouse location on OLN's platform.
After the contact details of both parties have been exchanged, the negotiation of the specific service takes place directly between the Provider and the Purchaser.
§4 OLN's Services
OLN provides the Provider with a platform where they can offer and digitally market warehouse spaces, and the Purchaser with a platform where they can search for warehouse spaces.
OLN takes over the digital marketing of the warehouse spaces through presentation on the website and, if applicable, further marketing measures.
The service for the Purchaser is free of charge.
OLN strives to make the website available without interruption but does not guarantee uninterrupted availability.
§5 Provider’s Obligations
The Provider is obliged to provide all necessary information for mediation truthfully and completely.
The Provider must ensure that the data provided is up to date and that the warehouse spaces offered comply with legal requirements.
The Provider is responsible for ensuring that the agreed warehouse space is made available to the Purchaser in a contractually compliant condition.
By consenting to the publication of their warehouse space on the platform, the Provider accepts the applicable fees of OLN.
The Provider must ensure that they have all necessary image rights for any pictures or photos provided.
The Provider grants OLN the right to use the provided pictures and photos for marketing purposes aimed at attracting customers for the offered warehousing services.
§6 Purchaser’s Obligations
The Purchaser is obliged to provide all necessary information for mediation truthfully and completely.
The Purchaser must ensure that the data provided is up to date.
§7 Obligation to Inform
Both parties are obliged to inform OLN within one week if a transaction between the Provider and the Purchaser is successfully concluded.
§8 Fees and Commission
The service for the Purchaser is free of charge.
OLN receives a commission from the Provider in the event of a successful mediation of a transaction.
The commission amounts to 1.5% of the annual turnover of the mediated transaction. For transactions with a duration of less than one year, the turnover of the agreed transaction is used as the basis for calculating the commission.
A minimum commission of 250 euros and a maximum commission of 10,000 euros apply.
The commission is due upon the conclusion of the contract between the Provider and the Purchaser and will be invoiced by OLN.
§9 Liability
OLN is only liable for damages caused by willful misconduct or gross negligence.
OLN is not liable for damages arising from the mediation services or the warehousing services provided by the Provider.
Liability for slight negligence is excluded, except in the case of breaches of essential contractual obligations. In such cases, liability is limited to foreseeable, typically occurring damages.
§10 Data Protection
OLN processes the personal data of the customer in accordance with applicable data protection regulations.
Further information can be found in the privacy policy on OLN's website.
§11 Duration and Termination
The contract is concluded for an indefinite period and can be terminated by either party with two weeks' notice at the end of the month.
The right to terminate the contract without notice for good cause remains unaffected.
§12 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising from this contract is the registered office of OLN, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law.
Should any provision of this contract be or become invalid, this shall not affect the validity of the remaining provisions.
OLN GmbH
Im Mediapark 5, c/o Startplatz, 50670 Cologne, Germany
info@openlogistics.network
Cologne, August 1st, 2024