General Terms for Suppliers
§ 1 Scope of application
2. Deviating general terms and conditions of the supplier* are not recognized unless TUTAKA expressly agrees to their validity in writing.
§ 2 Contractual partner
1. TUTAKA concludes commercial or advertising contracts exclusively with entrepreneurs.
2. Entrepreneurs are natural or legal entities or partnerships with legal capacities, which act in exercise of its commercial or independent professional activity when concluding a legal transaction, as well as freelancers, authorities, public corporations and associations.
3. Natural persons acting as entrepreneurs* must be 18 years of age or older.
§ 3 Sustainability Assessment
1. Each supplier undergoes a mandatory sustainability check before signing a contract.
2. Criteria are checked on the company and product level. Information about the company and its management must be answered in a first step ("application").
3. A positive evaluation of the application is followed by an examination of the offers for negative and positive, ecological and social factors along the product life cycle.
4. For the process, the supplier must name a contact person. This contact person must be an authorized and sufficiently informed person for the respective company.
§ 4 Representation on tutaka.com
1. The short views on the category pages and in the search views are displayed and sorted according to the relevance criteria defined by TUTAKA. The ranking of the search results is dynamically determined in an automated process, which causes fluctuations in the search results. TUTAKA reserves the right to change this process.
2. Links to the suppliers website are not permitted.
3. TUTAKA has the right to change the design of the product page and the scope of the functions available on it if there are good reasons for doing so, provided that this does not impair its purpose, function, or the equivalence relationship existing at the time of conclusion of the contract, and provided that this is necessary to protect the interests of TUTAKA and the supplier can reasonably be expected to do so. Good reasons are, for example, new legal or technical developments.
4. The marketplace and product pages follow a certain intended "user experience" and content logic, which is specified by TUTAKA.
5. The supplier is aware that browser or screen settings may cause deviations from the original image.
6. TUTAKA makes every effort to keep the site up to date with the latest technology. This may require maintenance work, which may result in restrictions to the site. TUTAKA will, if possible, give prior notice of such work and place it in a period in which the interests of the supplier are only marginally affected.
§ 5 Copyrights
1. The exclusive rights of use for the site tutaka.com belong to TUTAKA. Any adoption of the site - in whole or in part by adopting texts, graphics or design - is not permitted.
2. The supplier is permitted to download, display or print individual pages for the documentation of the conclusion of the contract.
§ 6 Rights of use of contents
1. The supplier declares that he/she holds the rights of use for the content provided (data, texts and images) including the right to further license; he/she also declares that he/she has the necessary consent of the persons depicted or is the owner of the depicted objects.
2. Insofar as the content of the offer of the supplier contains trademarks or labelling rights, it declares that it is entitled to use them, including the right to further license them.
3. The supplier guarantees that the images and other media provided are free of (image) rights of third parties and shall hold TUTAKA harmless from any claims of third parties. The supplier shall grant TUTAKA free of charge the authorizations required for the performance of the contract, such as image rights and similar rights to such media.
4. The supplier agrees that the contents may be passed on to third parties by TUTAKA for the purpose of presenting and advertising the object and the platform on the Internet. This includes the right to publish the contents in excerpts or parts.
§ 7 Right to block offers and deletion
1. If the supplier is in default with the delivery of goods or the payment of the advertisement fees or if third parties assert claims for omission from trademark, copyright, competition or general personal rights and the supplier does not prove to TUTAKA upon request that it is entitled to publish this content, TUTAKA is entitled to block or delete the offers of the supplier temporarily or permanently. A right to temporarily or permanently block the offer also exists if the supplier cannot prove that it is able or entitled to sell or rent its offer.
§ 8 Withdrawal from the contract
1. If TUTAKA becomes aware that the information provided by the supplier regarding its company or the advertised offers is incorrect, in particular that the supplier offers in the advertisements products or services which it is not authorized to dispose, TUTAKA is entitled to withdraw from the contract.
2. This also applies to incorrect or deceptive statements regarding sustainability aspects and product information.
§ 9 Miscellaneous
1. German law applies.
2. Place of jurisdiction is Hamburg, Germany.
3. Contract language is German.
4. There are no additional agreements.
5. TUTAKA does not store these terms of contract. They will only be made available for retrieval via the internet site during their period of validity. TUTAKA recommends the supplier to save the terms of contract by printing or saving the page or file on your computer. 6. Should one or more provisions of the contract become invalid or unenforceable, the remaining provisions shall remain unaffected.
Marketplace for Sustainable Hospitality
Registry court: Amtsgericht Hamburg
Registration number: HRB 161117
Managing Directors: Franziska Altenrath, Alexandra Herget