General Trading Conditions

1   Limits of validity
1.1 These General Trading Conditions (GTC) are regulating the relationship bewtween the company MecMap AG and all users of the platform made available by MecMap AG.
1.2 Whenever these General Trading Conditions from MecMap are in direct conflict with obligatory local regulations, these regulations will gain the priority.
1.3 By usage of the platform the user recognizes these General Trading Conditions and accepts that only the General Trading Conditions from MecMap AG are applicable.
 
2 Purpose of the company
2.1 MecMap AG builds contacts between designers, production preparation specialists, suppliers and producers in the sector of mechanical and metallic parts production.
2.2 Purchaser and supplier, through the mediation of MecMap AG, enter in a contractual agreement. All agreements taken that differ from the MecMap conditions must be determined separately.
 
3 Conditions to open an account at MecMap AG
3.1 In principle all companies may register themselves once.
3.2 At MecMap AG an account can be opened:
- by anyone allowed to act in name of the company.
- an active and verifiable company VAT number and/or UID number is available at registration.
3.3 Large companies with multiple divisions or branches can register more than once whenever the VAT and/or UID number differs from the formerly registered division or branch.
 
4 Registration
4.1 To use the services from MecMap AG a complete registration is necessary.
4.2 The details required for the registration are necessary to allow for a smooth operation of the platform.
4.3 The user of the platform is obliged to fill out all the requested information complete and correct.
4.4 The acceptance of these General Trading Conditions is an obligatory part of the rgistration procedure.
4.5 MecMap AG reserves the right to exclude certain users from it's services / platform. An explanation why the user was excluded will be provided in such cases.
4.6 During the registration it is defined who will manage the MecMap account. This so called administrator can be replaced any time.
 
5 Data protection
5.1 MecMap AG will not forward, sell or trade with the information provided by the user.
5.2 The user accepts that his data may be forwarded to third parties in relationship with the accomplishment of the service provided by the platform. The data forwarding is limited to a minimum.
5.3 The user acknowledges that the uploaded data (incl. images, drawings, 3D models, etc) can be visualized by any visitor of the site, both regitered and non-regitered users.
5.4 The user of the MecMap platform accepts that Cookies may be installed on his computer hat are only used to achieve a smooth usage of the site. MecMap AG does not gather data and does not save user traces.
 
6 Duration of the agreement
6.1 The professional relationship between MecMap AG and the users not limited in time. The termination of the business relationship is defined in chapter 15.
6.2 There are no time-dependent fees charged to the users of the MecMap AG platform.
 
7 Credit on registration
7.1 Each MecMap AG customer (branch/division) receives upon succesful completion of the registration a credit of 100 points that he can use free of charge and/or obligations for test and active use of the platform.
7.2 If the customer decides to purchase additional points, each customer will be given the opportunity to purchase points at a discounted price on the first purchase. This offer is unique and only valid for the first purchase.
 
8 Part advertisement related regulations
8.1 A part advertisement can only be published when a credit of at least +1 point is available on the user's account.
8.2 Whoever uploads data to the MecMap platform carries the full responsibility for the contents.
8.3 Data shall be made available in a way that allows suppliers to professionally prepare their quotations.
8.4 Modifications to the advertisement are allowed until a first quotation has been registered.
8.5 The purchaser is free to select any of the suppliers that has issued a quotation.
8.6 The purchaser is not obliged to effectively order the quoted material from the selected supplier, but that will naturally result in a negative rating by the supplier.
8.7 Any inappropriate data uploaded to the platform will be eliminated. Depending on the contents (pornographic, racist, stolen goods, illegal substances, etc.) MecMap AG may take legal action against the causer.
8.8 Potential deviations from the requested geometries, tolerances, quality requirements, supply conditions, etc. are to be communicated without restriction on the platform, available to all potential suppliers.
 
9 Quotation related regulations
9.1 The quotation is to be provided for the quantity requested, including the delivery to the customer address (DAP according INCOTERMS 2010).
9.2 The quotation refers to the requested part and includes all requested surface finishes, tolerances and other price relevant details.
9.3 Any deviations from the requested geometries, tolerances, quality, supply conditions, etc. are to be communicated without restriction on the platform, visible to other potential suppliers as well.
9.4 The quotation is binding for the supplier.
 
10   Who pays for the service?
10.1   All expenses are covered by the purchaser, being the user that uploads the drawings and other related data to the advertisement at MecMap AG, allowing other users to register a quotation for the supply of the parts.
10.2 MecMap AG does not claim or invoice the purchaser in any occasion, even when the credit account has dropped massively negative. (As reminder: a new part can only be registered when a credit of at least +1 point is available on the user's account!)
10.3 The purchaser can increase his credit points account whenever he wants. He will automatically receive an electronic invoice (pdf) marked "paid in full" corresponding to the amount paid for the credit points.
 
11 How are the fees calculated?
11.1 The fee for advertising a part on the MecMap-platform, independent of the size of documentation that was uploaded, is 1 credit point. Publication of the advertisement is only possible when the available credit is at least +1 point. 
11.2 Currently one Euro equals one credit point. All foreign currencies are  calculated in credit points using actual exchange rates.
11.3 When a quotation is accepted a fee is charged in credit points depending on the value of the order. The calculation formula is explained in the "help section".
11.4 Even when quotations have been submitted, but none of them accepted, a fee will be charged, based on the value of the lowest quotation submitted.
11.5 Currently the cost to publish a part is one Euro, the fee to be paid for an order of Euro 300,- is around 2%. The fee drops with increasing order size; for Euro 1'000,- it is 1.4%, for Euro 10'000,- it is 0.64%,for Euro 100'000,- only 0.32%. 
11.6 When no quotation is submitted for your advertisement, no fees will be charged except for the publication fee (1 credit point).
 
12 Management of customer accounts
12.1 Each MecMap AG customer (company or branch) can register only once, but multiple users can be created by each customer.
12.2 The customer account is managed automatically. All detailed changes can be visualized. 
12.3 The customer is allowed to have a negative account. Active transactions are not impacted by a negative account. It is just not possible to publish any new parts until the account is brought back to at least +1 credit point.
 
13 Rating system
13.1 Purchaser and supplier are obliged to rate each other after the conclusion of a purchase order.
13.2 The rating must be performed in a professional and objective manner.
13.3 When a customer is not satisfied with a rating provided by another MecMap customer and both cannot find an agreement it is possible to contact MecMap to request that the rating is removed. MecMap has the right to accept or deny the request for removal based on its own judgement. There is no obligation to accept any removal request.
 
14 Disclaimer
14.1 MecMap AG is engaged to ensure maximum availability of its platform. For any kind of damages deriving from a potential unavailability of the platform MecMap AG cannot be hold responsible whatsoever.
14.2 MecMap AG cannot be held responsible for any content, which has been saved to the platform by third parties. MecMap AG is obliged to remove inappropriate data according paragraph 8.7 as soon as possible. 
14.3 Purchasers and suppliers are requested to define their detailed contractual conditions between themselves. MecMap AG cannot be held responsible for any of the contractual partners or conditions.
 
15 Closure of the account / reimbursement regulations
15.1 The customer can request the closure of his registration anytime, independent of the credit points available in his account. No payment of remaining credit points or request of payment on negative credit point accounts will be made by MecMap AG.
15.2 Customer registration data will be stored for three years before it is eliminated definitely from the database. Only after it will be possible to create a new account without being requested to pay outstanding negative credit points of the old account.
15.3 When a customer account is not used for more than three years it will be closed independent of the amount of available credit points.
15.4 For inappropriate usage of the platform owned by MecMap AG or any disrespect of these GTC MecMap AG is entitled to exclude a customer. In this case, purchased and not used credit points will be reimbursed to the customer after deduction of an administration fee fixed in Euro 200.-. Payment of negative credit points will not be requested. 
 
16 Final conditions / applicable laws / court of justice
16.1 Whenever a change is made to the GTC, particularly concerning applicable fees, all users of the MecMap platform will be informed by e-mail.
16.2 Relative to the services offered by MecMap only Swiss Law is applicable.
16.3 In case a disagreement between MecMap AG and any of its customers would escalate, the only valid court of justice is in Bern.
 

Thun, January 2019