Terms of use

Getreide, dass im Wind schwingt. Das Feld steht kurz vor der Ernte und das Getreide vor der Vermarktung.

These terms of use have been translated to english in order to provide information to our englisch speaking users. They should only serve informational aspects and are non-binding.
In case of any legal aspects only the german version is binding (https://houseofcrops.de/datenschutz/). Please contact us in case of any questions.

1. Scope and authorised users

(1) The following terms of use apply to the use of the Internet trading platform “app.houseofcrops.de” of

House of Crops unamera Ltd,

Brunnenstrasse 44, 10115 Berlin,

represented by Managing Directors Maximilian Commandeur, Maximilian von Wedel, Justus von Plettenberg

Phone: +49 30 41717809, e-mail: info@houseofcrops.de,

in the following referred to as House of Crops unamera,

by registered users.

(2) Only companies (§ 14 BGB), merchants (§§ 1 ff. HGB) as well as legal persons under public law or special funds under public law are permitted as such users. End consumers are explicitly excluded from using this platform.

(3) House of Crops unamera only accepts terms and conditions of the users that contradict or deviate from these terms of use if they have been explicitly agreed to in writing (e-mail is sufficient).

(4) These terms of use explicitly do not regulate the conditions of transactions agreed upon between users of the platform, of which the respective users are the sole contracting parties (see section 2 (2) below).

2. Description of services
(1) House of Crops unamera is the operator of the internet trading platform “app.houseofcrops.de” (in the following referred to as “platform”). On the platform registered users can place offers and demands for the trade with grain. They can negotiate and conclude corresponding contracts among each other.

(2) The service of House of Crops unamera is limited to the provision of the platform to third parties for the purpose of trading as well as to the proof of processed transaction. The negotiation of the respective transactions takes place between the platform users without participation of House of Crops unamera.

House of Crops unamera is also not involved in the conclusion of contracts (transactions) between the users.

3. Registration / use of the platform / duties of the users, especially confidentiality

(1) Only registered users may use the platform.

(2) Registration is carried out by entering the required data in an online form provided for this purpose and is completed when the user account is created. Registration can only be made in one of the following categories:

farmer, trader, cooperative, broker or industry.

(3) The registration of several users under one user account is possible and permitted. In this case the registration is carried out as an additional “entity” under the user account.

(4) If the user is not a natural person, only a person with sufficient power of representation may act.

(5) In the case of representation, proof of power of representation must be provided on first request. If the proof is not produced, then the representative appears in his own name. The legal regulations of §§ 177 ff. BGB (German Civil Code) apply.

(6) Every registered user can – regardless of the category selected in accordance with (2) above – post both offers and demands. The user can also submit offers and demands with effect for one of the other users registered as an entity on his account.

Contracts may be concluded at any time for another user registered as an entity under the same account, regardless of which user originally placed the supply/demand.

The user will receive a more detailed description for the placement of offers and/or demands, the possibilities of negotiation as well as the further steps until the conclusion of a contract after completion of the registration.

(7) The User is obliged to provide only truthful information during registration and further use of the platform. The information is to be updated immediately in the event of changes.

(8) The User shall also ensure that the login data are not passed on to unauthorised third parties. If access data has become known to unauthorized third parties, the user is obliged to inform House of Crops unamera immediately and to change his password immediately.

(9) The information of the platform may only be used for own purposes, including the purposes of other users registered as entities. The user is obliged to treat information generated via the platform and especially contract data of other users confidentially and not to make them accessible to unauthorized third parties. The commission obligation in the event of unauthorised disclosure in accordance with section 6 (6) of this agreement is explicitly pointed out.

4. User agreement

(1) The provision of the platform as well as the mere possibility to register as a user does not constitute a binding contractual offer from House of Crops unamera to the user. The agreement of use is only concluded when the user registers himself and possibly other users – as so-called entities – on the platform (offer to conclude a contract of use) and House of Crops unamera sends the user a confirmation of his registration (acceptance of the offer). A legal claim to the registration does not exist. House of Crops unamera is entitled to refuse the registration without giving reasons. This right also refers to further users registered by the user on his account as so-called entities.

(2) Within the scope of the use of the platform House of Crops unamera informs the users about independent and therefore separately commissionable (see below section 6 (2) to (8)) possibilities for the conclusion of a contract.

5. Anonymity / Blacklist

(1) The user agrees that the contractual partner will not be disclosed to him until the time of the conclusion of the contract. The contract is concluded via the platform anonymously among the registered users. The contracting parties involved will be announced immediately after conclusion of the contract.

(2) The user has the possibility to provide House of Crops unamera with a “Blacklist” of users (companies) with whom he does not wish to conclude a contract. If this is one of several users registered as an entity under one user account, all users (entities) registered under this account will be included in the Blacklist. House of Crops unamera shall maintain confidentiality regarding both the existence and the content of such a “Blacklist”.

6. Remuneration / success dependent commission / amount / due date

(1) Registration as a user of the platform is free of charge.

(2) House of Crops unamera is entitled to a commission claim against the seller for the successful proof of a contract conclusion.

(3) The amount of the commission depends on the concrete content of the contract (especially volume and price) and is insofar independent of possibly differing original offer/demand data of the participating users.

(4) The price list https://houseofcrops.de/our-prices/ applies, which is valid at the time an offer is made or, if the user has not made the original offer himself, at the time the declaration of intent to conclude a corresponding contract (transaction) is made.

(5) The commission is due upon effective conclusion of the contract (transaction). This also applies in the event that the transaction is concluded outside the platform. House of Crops unamera will issue a separate commission invoice to the seller at the end of the month, which has to be paid to House of Crops unamera within 14 days from the invoice date.

(6) The user commits himself to treat all offers, requests or other evidence published on the platform as strictly confidential. The disclosure to unauthorised third parties, i.e. those whom the user is not authorised to represent and/or who are not registered on the platform, is prohibited. If the user nevertheless passes on offers, demands or other evidence to third parties and if such third party concludes the proven transaction without being a registered user of the platform himself, the user shall owe the commission as if he had concluded the transaction himself as a seller. The user has the right to prove that House of Crops unamera has not incurred any damage or only a minor damage.

(7) If the contract about the goods offered on the platform is not concluded via the platform, the user is obliged to inform House of Crops unamera immediately about the conclusion of the contract and to send a complete copy of the contract on first request. We would like to point out that the commission claim depends solely on the proof of the transaction and not on the carrying out of the contract conclusion via the platform.

(8) The claim for commission is not affected by the fact that the conclusion of the main contract takes place after the termination of the contract of use, but due to the activity of House of Crops unamera.

This is valid – subject to the possibility of proof to the contrary – in case of doubt, if the conclusion of the contract comes about within 12 months after the listing of the underlying offer or the underlying demand. If the conclusion of the contract is already postponed to a later point in time within the offer / demand, the claim for commission also exists for such a later conclusion of contract accordingly.

The due date of our commission claim (see section 6 (5) above) remains unaffected.

7. Duration and termination – effects on the commission claim

(1) The contract of use runs for an indefinite period.

(2) It can be terminated – subject to the following regulation (3) – by both parties (user and House of Crops unamera) with a notice period of two weeks to the end of the month.

(3) An ordinary termination during the initiation – be it by placing an offer or a demand – and/or the execution of a transaction (conducting negotiations) does not affect the due date of the commission to be paid to House of Crops unamera in case of the transaction taking place.

(4) The right of extraordinary termination for good cause is not affected. An important reason is especially given if one of the parties violates their rights and duties as defined in this contract or if the trust in the contractual relationship has been permanently disturbed in any other way and it is no longer reasonable to adhere to the contract.

If House of Crops unamera terminates the contract with the user without notice for an important reason, House of Crops unamera has the right to block the profile of the user for further use or to delete it completely at its own discretion.

(5) The termination has to be made in written form (e-mail is sufficient).

The termination without notice requires the notification of the reason for termination.

8. Liability

(1) House of Crops unamera points out that the goods traded on the platform as well as the further contents of the offers and demands are not checked. There is no guarantee for the correctness of the data entered by the users.

(2) Apart from that House of Crops unamera is liable for intent and gross negligence according to the legal regulations in conditional to the following regulations.

(3) House of Crops unamera excludes the liability for slightly negligent violation of duties, as far as these do not concern damages from injury of life, body or health or guarantees. Furthermore, the liability for the violation of duties, the fulfilment of which makes the proper execution of the contract possible in the first place and on the compliance of which the customer can regularly rely on, remains unaffected. In the above-mentioned cases, liability for damage to property or financial losses caused by slight negligence shall be limited to the foreseeable damage typical for the contract.

(4) The aforementioned limitation of liability shall also apply accordingly to claims for damages under tort law in the case of a slightly negligent violation of property or the right to the established and practiced business enterprise.

(5) Liability under the Product Liability Act remains unaffected by the limitations.

(6) The aforementioned regulations also apply to violations of duties of our vicarious agents.

9. Data privacy

(1) For the processing of personal data by House of Crops unamera the data privacy information applies.

(2) The user on his part obligates himself to comply with the legal regulations of the data privacy law (DSGVO and BDSG) when processing personal data, which he obtains in the course of using the platform. The disclosure of this data to third parties, unless this is necessary (Art. 6 Paragraph 1 sentence 1 lit. b DSGVO) or justified (Art. 6 Paragraph 1 sentence 1 lit. f DSGVO) for the processing of the respective transaction, is only permitted with the explicit consent of the persons concerned (Art. 6 Paragraph 1 sentence 1 lit. a DSGVO). An offence also constitutes a breach of this contract of use and entitles House of Crops unamera to terminate the contract for good cause.

10. Modification of the terms of use

House of Crops unamera reserves the right to change these terms of use at any time, as far as this is necessary for valid reasons, especially due to a changed legal situation or highest court jurisdiction, technical changes or further developments, regulation gaps in the terms of use, change of market conditions or other equivalent reasons and as long as this does not unreasonably disadvantage the user. The user will be notified of changes to the terms of use by e-mail at least six weeks before they come into effect. The notification shall be sent to the user in whose name the user account is registered. The user is responsible for bringing the notification of change to the attention of any other users registered as entities under his account. The changes become effective if the user does not object in writing (e-mail is sufficient) within six weeks after receipt of the notification of change and House of Crops unamera has pointed out this legal consequence to the user in the notification of change. In case of services provided free of charge, House of Crops unamera is entitled to change, cancel or replace the terms of use with other terms and conditions at any time, as well as to make new services available free of charge or against payment.

In case the user objects to the changes, House of Crops unamera is entitled to terminate the contract of use without notice.