Terms of Use for the B2B Customer Area
(1) These Terms of Use apply to the use of the access-restricted customer area (hereinafter the "B2B Area") on the website b2b.sunnysue-trading.de.
(2) The B2B Area is intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (hereinafter "Users"). Consumers within the meaning of Section 13 BGB are not granted access.
(3) No contracts are concluded via the B2B Area. The content provided there, in particular product information, catalogues and price lists, is non-binding and does not constitute an offer in the legal sense. Any orders and contract conclusions take place outside the website on the basis of separate agreements or the terms of delivery and payment agreed in each case.
(1) Use of the B2B Area requires registration and activation by SUNNYSUE. The information provided during registration must be truthful and complete; SUNNYSUE must be informed of any subsequent changes without undue delay.
(2) SUNNYSUE is entitled to verify the User's entrepreneur status and to request suitable evidence for this purpose (e.g. commercial register extract, business registration, VAT ID number).
(3) There is no entitlement to activation. SUNNYSUE may reject registration requests without stating reasons.
(4) Access is set up for the respective company and the contact persons designated by it. It is non-transferable.
(1) The User is obliged to keep their login credentials (username and password) confidential, to store them securely and to protect them against access by unauthorised third parties. Disclosure to persons outside the User's own company is not permitted.
(2) The User must inform SUNNYSUE without undue delay if there are indications of misuse of the login credentials or unauthorised use of the access. In such a case, SUNNYSUE is entitled to temporarily block the access.
(3) The User is responsible for all activities carried out using their login credentials, unless the User is not responsible for the misuse.
(1) The content provided in the B2B Area – in particular price lists, terms and conditions, product and catalogue data and other business information – is intended exclusively for the User's internal business use within the scope of the business relationship with SUNNYSUE.
(2) The User undertakes to treat this content confidentially and not to pass it on to third parties, publish it or make it accessible to third parties. This applies in particular to information on prices and conditions.
(3) The confidentiality obligation shall continue to apply after termination of the access.
(1) All content of the B2B Area (texts, images, graphics, catalogues, data sheets, logos) is protected by copyright or other intellectual property rights.
(2) The User is granted a simple, non-transferable right, revocable at any time, to use the content within the scope of the business relationship with SUNNYSUE. Any reproduction, distribution, making available to the public or modification beyond this requires the prior written consent of SUNNYSUE.
(3) Notwithstanding paragraph 2, approved product images and product descriptions may be used for the purpose of reselling SUNNYSUE products in the User's own sales channels for as long as the business relationship exists.
(1) SUNNYSUE endeavours to keep the B2B Area available without interruption to the extent possible. However, there is no entitlement to permanent availability.
(2) SUNNYSUE is entitled to temporarily restrict or discontinue the B2B Area for maintenance work, updates or for security reasons, and to change content and functions at any time.
(1) SUNNYSUE may terminate the User's access at any time with a notice period of two weeks. The User may request the deletion of their access informally at any time.
(2) SUNNYSUE is entitled to block or terminate the access without prior notice if the User violates these Terms of Use, in particular the obligations under § 3 (login credentials) or § 4 (confidentiality), if the entrepreneur status ceases to exist, or if the business relationship is terminated.
(1) SUNNYSUE shall be liable without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health.
(2) In cases of simple negligence, SUNNYSUE shall be liable only for damage resulting from the breach of material contractual obligations (cardinal obligations), i.e. obligations whose fulfilment is essential for the proper use of the B2B Area in the first place and on whose fulfilment the User may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of use.
(3) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
(4) The information provided in the B2B Area is prepared with care. However, SUNNYSUE does not guarantee the topicality, completeness or accuracy of non-binding content (in particular product information and price lists, cf. § 1(3)); the conditions individually agreed upon conclusion of a contract shall always prevail.
SUNNYSUE reserves the right to amend these Terms of Use with effect for the future. The User will be informed of amendments in text form (e.g. by email or by notice upon login) at least [PLACEHOLDER: e.g. four weeks] before they take effect. If the User does not object within this period or continues to use the B2B Area after the amendments take effect, the amended Terms of Use shall be deemed accepted. The User will be specifically informed of this legal consequence in the notification of the amendment.
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the User is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the use of the B2B Area shall be the registered office of SUNNYSUE GmbH.
(3) Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected.
(4) These Terms of Use have been prepared in German, English and French. In the event of discrepancies between the language versions, the German version shall prevail.