Terms and Conditions


General Terms And Conditions
Terms of Use of the Web Portal Foundry-Trading.com of the Foundry Planet Ltd.
by Commercial Customers And Users

1. Introduction

1.1. The Foundry Planet Ltd. operates a portal for commercial customers and users as a trade platform. The portal does not appeal itself to consumer. Guests have limited rights. FP reserves the right to change the portal. This applies particularly for the Layout-Area.

1.2. The copyright for the trade platform Foundry-Trading.com is accompanied by Foundry Planet Ltd. Offences on the system, misuse of copyrights etc will be prosecuted.

1.3. Customers and users must register. For that purpose, they have to provide with their entire and true names, form of organization and postal address of their company as well as the name(s), form of organization and postal address of the member who will use the platform. The customers and the users have to accept the terms of use. By using the system the customers and users agree the terms of use.

1.4. Being accepted as customer/user does not confirm any legal claim.

1.5. Companies and other unions can apply for a Master-Login. The members of companies or unions can receive a Member-Login. The user of such a Member-Login is responsible for the operation of Member-Login Additionally, this user is responsible for informing the other such members of the company or union to behave in accordance with the terms of use.

1.6. In case the customers/users/companies/unions give incorrect data, FP can block or close the accounts of the corresponding customers/users/companies/unions.

1.7. Those who pay a fee obtain customer status.

1.8. Those who do not pay but make registration obtain user status.

1.9. The portal serves a business connection between customers/users and customers/users. Accordingly, the contracts between customers/users and customers/users in this business connection must be complete and accurate. FP has no influence on the content of these contracts. FP is not responsible for the inquiries, bids and offers made by customers/users. FP accepts no warranty for the inserted contents. FP can not assure that the contracts between customers/users to/from customers/users will come about and/or the contracts which are completed will be fulfilled. FP will in no case a side/partner of such contracts.


2. Relationship between FP and customers

2.1. The customers must pay the fee with respect to the corresponding valid price tariff. The declared prices for the fee may vary depending on the ongoing sales tax and any change will be reflected to the prices.

2.2. With the payment of the fee, the customer obtains the right to use the portal of FP for the corresponding time interval.

2.3. The customer can insert inquiries, bids and offers including commercial content into the system. He can use the forms provided by FP for customers for the purpose of texts, tables and images. He can keep with information/data from FP. Inserted texts, tables and images can not contain any information of the identity of the customer. If the customer otherwise behaves and if FP notices such a situation, such identification-revealing parts will be erased.

2.4. The companies or other unions having obtained the Master-Login can allow their members for an authorizaton of access to FP if needed which is to be fulfilling the terms of use already mentioned. If such a separate agreement is intented by the company or unions with FP, assignable IP addresses of the members of the company or union are given instead of their names.

2.5. The customers have the right to see the whole text of the inquiries, bids and offers of the other customers/users. Additionally, the customer can access his potential contract partner with the contact form provided by FP.

2.6. The password can be managed only by the customer himself. Separate agreements for the Master-Login need an agreement with FP. The password is to be kept confidential and to be protected by the access of third parties. Violation to that will be followed and may be prosecuted.


3. Relationship between FP and users

3.1. The users can insert inquiries, bids and offers including commercial content into the system. He can use the forms provided by FP for the purpose of texts, tables and images. He can keep with the input sent by FP in the corresponding used language. The user has no right to claim if/when FP such inquiries, bids and offers does not publish.

3.2. The user has the right to see the limited text of the inquiries, bids and offers of the other customers/users of the portal. The authorization for the reading is limited to that the user can only read the subject of the output (goods or services), and the price. If the user wants to experience who the inquirer/bidder is, he must upgrade his status. As customer, he has the right to obtain the access to the potential contract partner.

3.3. The password can be put only by the customer himself. The password is to be kept confidential and to be protected by the access of third parties. Violation to that will be followed and may be prosecuted.

4. Suspension and cancellation of customers/users

4.1. FP has the right to do the following in case the customer/user violates the legal rules, right of the third parties or these terms of use:

4.1.1. To block customer/user/company and member temporarily or permanently,

4.1.2. To delete / if applicable to edit the content,

4.1.3. To cancel the customer status/user status for important reason without notice,

4.2. This applies especially if 2.3, 2.6 and 3.3 are violated.

4.3. Inquiries, bids and offers do not have to take place if

4.3.1. the entries are not complete so that the article of service (goods or services) is not descriptive (especially for the price).

4.3.2. the customer is not the legal owner or is not authorised for the offer (goods or service) or is not free for the goods or service to offer.

4.3.3. the goods or services violates the legal rules or if it violates the rights of thrd parties; this applies particularly for conservation against pornopraphy, sexual, racist, religious and anti-constituional activities.

4.4. Termination by the Customer
Any termination on the part of the customer must be in written form. Proper access must be warranted. The customer is thus entitled to the deletion of his customer data and right to access. There will be no refund or partial refund of the payments already made on the basis of the annual subscription.


5. Guarantee and commitment

5.1. In case of access problems to FP, FP will solve the problem possibly within 48 hours. Errors due to the FP-related software for the preparation of the trade platform, FP will solve the problem within a fair time. If FP must carry out maintenance works/jobs, this will be added to the vitiations of the customer/user.

5.2. FP is not responsible for the breakdown as a result of superior force. FP can cancel the contract of the customers if a constant breakdown as a result of superior force happens to occur.

5.3. The customer/user indemnifies FP from all rights, when the third parties contrayenes the rights on the basis of customer/user inserted contents. This is also valid for the possible raising expenses of the defences of rights.

5.4. The damage claims of of any kind from customers/users direct or indirect related with the responsibilities of FP are barred. This does not apply to cardinal obligation. The commitment of FP at all events is limited to typical predictable contract damages. The explained exemption and limitations does not apply and are independent of the damages from injury of life, the body or the health one of which is caused by FP or its legal representative or its servant because of intended or careless neglect of duty. The preceding disclaimer and limitations are also not valid for other types of damages through FP or its legal representatives caused by careless neglect of duty. Rights from product commitment rules are still independent of what mentioned above.

5.5. FP does not commit accessibility, continuence or security for the databases or services which FP can use for the forwarding of databases, other web sites, services of third parties etc. when applicable.


6. Weird contents, links, viruses

6.1. Customers/users commit themselves to insert files which do not contain any viruses, worms and Trojan horses. Customers/users commit themselves not to make any offences at the system and not to take up data which they do not have any access authorization for,

6.2. Customers/users commit themselves to replace all damage to FP which emerges if the customer/user offends against 6.1. and to imdennify all right from them.


7. Data security and ensicherheit und data protection

7.1. FP will save the customer data/user data at regular intervals. In case a data loss by the system of FP occurs, the customer data/user data will be reloaded from the very last backup available. Any right due to the damage of data towards FP is exluded, except that FP wants it otherwise or the damage is due to a big carelessness of FP.

7.2. FP can not guarantee any confidentiality concerning the customer data/user data which are transmitted over the system.

7.3. FP saves the duration of the contracts.


8. Payment and Provision of Service
You will be granted access to the extended contact zone immediately upon confirmation of your payment. The amount invoiced and our company name will be shown on your credit card statement. You will receive a separate invoice by e-mail.


9. Final provisions

9.1. Changes and additions needs written form which is also valid for the agreement over Schriftformerfordernis.

10.2. Each part is valid on its own.




2007-08-24