Honey Experts UG (limited liability)
Ruppiner Chaussee 215
13503 Berlin
Germany
Phone: +49 1522 86 76 508
Email: info@beesharing.eu
Managing Director: Jan Christian Hesterberg
Commercial Register: District Court of Berlin Charlottenburg, HRB250410
VAT Identification Number(s): DE359599357
Professional Liability Insurance:
Gothaer Liability
Arnoldiplatz 1
50969 Cologne
The geographical scope of insurance coverage includes activities within Europe (EU).
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/.
We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. The competent authority is the Universal Arbitration Board of the Federal Centre for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/.
Terms & Conditions:
1 General
1) www.beesharing.io, www.beesharing.io and www.beesharing.io is operated by BEEsharing.io by Honey Experts UG (haftungsbeschränkt), hereinafter “BEEsharing”.
3) The following general terms and conditions (hereinafter referred to as “GTC”) apply to all usage relationships and in particular contractual relationships that are entered into via or by means of the platform in relation to BEEsharing and among each other between users of the platform.
5) Furthermore, www.beesharing.io offers all users the opportunity to use the platform to initiate business for the duration of the registration in accordance with the provisions of these terms of use. Here, BEEsharing presents third-party offers and provides an online service with which the user as an advertiser can create and publish pollination offers and requests. This is merely a matter of presenting offers and requests to initiate transactions that are concluded outside of the platform. For this purpose, interested parties will contact the information provided by BEEsharing.io. Here, too, the users will usually agree on additional terms and conditions with respect to the legal transaction concluded directly between them.
6) www.beesharing.io enables pollination suppliers (hereinafter referred to as “providers”) to offer pollination services to farmers (hereinafter referred to as “customers”) (hereinafter referred to as “pollination network”). As a further component of the pollination network, the organization and implementation of the logistics by the provider to the customer are included in each pollination offer. In this way, BEEsharing basically enables the providers within the framework of the pollination network to broker offers on their services to the customers and even offers support for the providers in organizing and carrying out the transports as required. The conclusion of a contract between the provider, customer and / or BEEsharing does not take place online in the pollination network, but is processed outside of the www.beesharing.io platform after the business has been initiated. Users can agree on additional terms and conditions with respect to the legal transaction directly concluded between them.
7) At www.beesharing.io, farmers can also determine pollination needs and purchase products that enable more efficient pollination.
8) BEEsharing also reserves the right to act as a user or in particular as a customer or provider or as an advertisement creator in its own name and is then subject to the same extent to all rights and obligations of a user, customer or provider in accordance with these terms and conditions. However, BEEsharing fully complies with its obligations as a neutral platform operator within the meaning of these terms and conditions without restrictions.
9) The platform is basically designed for entrepreneurs in accordance with Section 14 (1) of the German Civil Code (BGB). An examination and / or approval by BEEsharing does not take place during registration, so that consumers within the meaning of § 13 ff. BGB are also approved. According to this, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. In this respect, the special conditions for consumers in accordance with section 11 apply to participating consumers, with priority over the following provisions.
Products that can be purchased via www.beesharing.io are only suitable for commercial farmers as entrepreneurs in accordance with Section 14 (1) of the German Civil Code (BGB). Consumers are therefore excluded from the purchase. Item 11 does not apply to these services.
10) BEEsharing also acts as a provider of services and merchandise outside of the platform and the online shop; in this case, too, these terms and conditions apply to the extent that they are relevant.
2. General terms of use of the platform www.beesharing.io
1) BEEsharing does not generally check whether the advertisements and other content posted by the users on the platform, as well as the information provided by the users, are legal, truthful and complete. BEEsharing does not adopt third-party content under any circumstances. The user guarantees BEEsharing and the other users of the platform that the goods and services requested or offered do not infringe any copyrights, trademarks, patents, other property rights or trade secrets. This does not apply to content that BEEsharing offers or provides in its own name in the pollination network.
2) BEEsharing endeavors to make the platform available to users with an annual average availability of 95%. This does not include downtimes that are necessary to work to improve the security or integrity of the server or to carry out technical measures and which serve the proper or improved provision of BEEsharing’s services (maintenance work).
3) The users undertake to notify BEEsharing immediately and without being asked of any future changes to their data provided during registration and participation. For this purpose, the users will update the respective data accordingly, especially when changes are made to profiles.
4) Under no circumstances are users entitled to pass on their access data and in particular their access password to third parties. Should third parties nevertheless gain access to the corresponding account or BEEsharing have other indications of misuse of the account, the affected users must inform BEEsharing about this immediately and change their access data immediately. The user is also obliged to
a) to notify BEEsharing immediately of any technical changes occurring in its area if they are likely to impair the service provision or the security of the platform;
b) to participate in the investigation of attacks by third parties on the platform, insofar as this cooperation is required by the user;
c) to refrain from all measures that endanger or disrupt the functionality of the platform, as well as not to access data that he is not authorized to access. Furthermore, he must ensure that the information and data entered via the platform are not infected with viruses, worms or Trojan horses.
5) BEEsharing will not pass on the access data to third parties and will not request them by email or telephone.
6) If contracts are concluded under the access data of a user, the user must be assigned to this conclusion of the contract. He is liable for all contracts concluded via his account unless he has informed BEEsharing in good time about the loss of his access data or any other suspicion of abuse.
7) Users are not entitled to register multiple times on the platform. If users want to use several functions, they have to register for the one that is most relevant to them.
8) Every user has the possibility to edit his account with further personal details and information.
9) Every user is obliged to use only such materials, in particular photos, for all content posted by him, which he is authorized to use. The respective user grants BEEsharing the non-exclusive right, limited to the duration of the registration, to use the content uploaded in his account exclusively on www.beesharing.io and exclusively in connection with the user’s activities. The user releases BEEsharing from all damages and claims that are asserted against BEEsharing due to the violation of third party rights through the use of the content uploaded to the account by BEEsharing. This includes in particular the reasonable costs of legal defense.
10) Users should consider the following for their information:
– The choice of location should be the registered office of the company or, if one does not exist, the location where the services are provided or the goods are located;
– the offer may only be placed once, therefore duplicate offers are not allowed;
– A specific product or service must be offered as clearly, transparently and recognizable as possible;
– Only products that are in the possession of the provider may be offered
– realistic prices are to be given.
11) Users are prohibited from posting content (e.g. also through links or frames) on the platform that would violate statutory provisions, official orders or morality according to the applicable legal system for the intended contract. In particular, no objects or services may be offered whose offer or sale violates the rights of third parties; The same applies to pornographic or youth-endangering services or articles such as weapons, drugs, propaganda material from anti-constitutional organizations and parties, etc. The users also undertake to communicate with one another in an objective and reasonable manner without discrediting other users or third parties or treating them in a defamatory manner. Statements with unconstitutional or offensive, immoral content are prohibited. In the event of gross violations, BEEsharing expressly reserves the right to remove the user from the platform.
12) BEEsharing cannot guarantee the true identity and the power of disposal of the users. In the event of any doubt, both contracting parties are required to find out about the true identity and the right of disposal of the other contracting party in a suitable manner.
(13) BEEsharing reserves the right to change or expand the content and structure of the platform as well as the associated user interfaces if this does not impair the fulfillment of the purpose of the contract concluded with the user or does not significantly impair it. BEEsharing will inform the users of the platform about the changes accordingly.
1) The services of BEEsharing as the operator of the marketplace include:
a) Provision of options for using the marketplace after the user has successfully registered;
b) Enabling negotiations and the conclusion of contracts by means of a marketplace by and with users;
c) Creation of information and communication opportunities among users and contracting parties as well
d) Operating an online shop.
2) As for the platform as a whole, the prerequisite for using the marketplace is the successful registration of the user. There is no entitlement to admission or use of the marketplace. The approval creates a service contract for an indefinite period between BEEsharing and the respective user in accordance with these terms and conditions. Use of the marketplace and the platform as a whole is free of charge.
3) BEEsharing is entitled to withdraw the authorization of a user or to block access to the marketplace and the platform altogether if there is reasonable suspicion that he has violated these terms of use. The user can avert these measures if he eliminates the suspicion by submitting suitable evidence at his own expense.
3.1. Online shop
1) Services with an order function can be purchased online on the platform at www.beesharing.io / “Marktplatz” and at www.beesharing.io. The performance does not represent a legally binding offer in the sense of § 145 BGB, but only an invitation to submit an offer (“invitatio ad offerendum”).
3) BEEsharing can accept the customer’s offer within five days
a) by sending the user a written order confirmation or an order confirmation in text form (fax or email) (not just a mere confirmation of receipt), whereby the receipt of the order confirmation by the user is decisive, or
b) by delivering the ordered goods to the user, whereby the receipt of the goods by the user is decisive.
4) If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the user and ends at the end of the fifth day following the sending of the offer. If BEEsharing does not accept the user’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the user is no longer bound by his declaration of intent.
5) When submitting an offer via BEEsharing’s online order form, the text of the contract will be saved by BEEsharing after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer’s order has been sent. BEEsharing does not make the text of the contract accessible beyond this.
6) Only the German language is available for the ordering process. The order processing and contact usually take place via email and automated order processing. The user must ensure that the e-mail address given by him to process the order is correct so that the e-mails sent by BEEsharing can be received at this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by BEEsharing or by third parties commissioned to process the order can be delivered.
7) If the user is a consumer within the meaning of Section 1. (8) of these General Terms and Conditions, (only) the user is generally entitled to a right of withdrawal. More detailed information on the right of cancellation can be found in the cancellation policy in section 11.
3.2. Market place by the way
3.2.1. Inquiries and advertisements
1) Users usually have the option of registering pollination-offers and pollination-requests. Such offers and requests do not contain a legally binding offer within the meaning of § 145 BGB, but only represent an invitation to submit offers (“invitatio ad offerendum”).
2) The marketplace outside the online shop serves as an advertising market, i.e. the contract is concluded outside the marketplace. Neither order processes nor shopping baskets nor payment processing are implemented.
3) Advertisements are generally included, but can also be made without any room for negotiation by specifying the conditions for an offer. The latter will then only be answered by submitting an offer as requested by another user and thus contractually binding accepted or rejected by the requesting user.
4) Even in the case of advertisements open to negotiation with room to negotiate, more or less specific requirements are usually defined on request and one or more offers are expected from users that meet the requirements in different ways (or only with regard to one component such as the price). A binding contract is then created either immediately or after negotiation and a renewed request with confirmation of the preferred offer outside the marketplace.
4. Terms of Use for the Pollination Network
All services are exclusively accessible through our application, which is free to download from the Apple App Store and Google Play Store. BEEsharing.io charges a matching fee of 5% of the transaction volume from both farmers and suppliers. Special offers on these fees can be accessed using voucher codes.
1) The terms of use for the pollination network in accordance with this section regulate in particular the relationship between customers and providers within the scope of the pollination network as a special type of use on and outside of the www.beesharing.io platform.
2) BEEsharing can act as a contractual partner for transport and brokerage services in relation to the provider for brokered orders or conclude the contract directly with the customer, depending on the coordination of the initiation via the pollination network. Contracts are then generally concluded outside of the www.beesharing.io platform. The services are provided on the basis of these terms and conditions as well as the individually agreed provisions between BEEsharing and / or provider and customer (if necessary with the additional inclusion of the respective general terms and conditions insofar as these are effectively included in the contract), which, after initiation via the pollination network, then outside by offer and acceptance are declared legally binding.
4.1 Submission of offers for pollination services by the provider
1) Via the beesharing.io Application the provider is enabled to submit his pollination services as an offer, alone or as a community with other providers (then in the form of a civil law company unless other contracts are concluded).
2) By submitting his offer of pollination, the provider issues a request to submit an offer to the customer on the basis of his specifications. Changes due to customer inquiries or new inquiries for a pollination of the customers are a request to submit a binding offer. Basically, BEEsharing is currently handling the offers for customers outside of the platform. The providers are then involved as part of a supplier order.
3) Contents of the offer of the provider to the customer about pollination services are (i) the pollination services as well as (ii) transport services, carried out by the provider within the meaning of these terms and conditions. By accepting the offer by the customer, in addition to the pollination and transport order, there is also a contract between BEEsharing and the provider as well as the customer for the matching of pollination services. BEEsharing will retain the remuneration in the sense of a brokerage commission and, if applicable.
4) The provider is obliged to provide all necessary data (e.g. company name, address, VAT ID number, etc.) and to provide this completely and correctly. BEEsharing assumes no liability for the correctness and completeness of the offers from providers.
5) The provider is also obliged to comply with all general statutory provisions in the context of his commercial activity and with regard to his offers (in particular – if required – to pay sales tax) and the special legal provisions relevant to him, in particular animal health provisions as well as official requirements and instructions to be observed. These obligations are also incumbent on the customer within the scope of his area of responsibility.
6) The provider is responsible for the offers he has registered. The transport service is provided directly to the customer.
7) The provider and customer are obliged to provide communication technology that enables them to be reached once a day if possible (e-mail, telephone, mobile). Customer inquiries are to be answered by the respective provider within 24 hours if possible.
8) The provider and the customer may not violate third party trademarks or copyrights within the framework of their agreements. If it uses its own works protected by copyright or trademark law (texts, photos, videos, music, logos, brands, etc.), BEEsharing is authorized to use them for advertising and marketing purposes with regard to the platform or to document the services on the platform To use, edit and distribute www.beesharing.io in his name on the Internet or in print media without BEEsharing itself acquiring rights. If the provider or customer is only a licensee, he must ensure that the license transferred to him includes the use by BEEsharing described above. If the provider is responsible for a violation of the law, he is liable to BEEsharing for the costs incurred (e.g. legal prosecution), damage and consequential damage (e.g. contractual penalties).
9) In the event of a possible failure of a service, the provider must inform the customer and BEEsharing immediately in writing (e.g. by email, fax) stating the reasons in addition to the customer.
4.2 Information on the customer’s pollination needs
1) The customer can create several data records for fields & pollination requests. The total of his acreage in hectares and acres is displayed.
2) The customer receives the exclusive function of publishing a pollination request via the application. A pollination requirement basically includes information such as the name of the requirement, a short description of the requirement, the number of bee colonies requested, the type of management (conventional, ecological, etc.).
3) Pollination requests become visible for all suitable providers and BEEsharing of the immediately after creation.
4) The indication of a need for pollination does not in itself constitute an offer, but merely includes a request to the provider to submit a corresponding pollination offer.
4.3 Pollination Services
2) The provider must ensure the availability of bees that are classified as healthy and economic colonies according to general and objective criteria. For this purpose, the statutory provisions as well as official requirements and instructions are complied with by the provider. The bees are provided for the entire pollination period, which depends on the crop and the weather, between 10-14 days. With regard to the terms “offshoots” and “economic peoples”, the industry-standard definitions in the field of pollination apply (in particular the Association of Pollination Beekeepers in Germany).
3) The pollination service is a service in the form of the provision of the pollinators (bee colonies, bumblebees, mason bees etc.) in accordance with the above. Regulations and, if applicable, specifications set out in the offer. Success is not owed.
4) Agreements to the contrary must be made individually.
4.4 Transport services
1) With every pollination offer from the provider, transport is always offered as a service. Depending on the individual agreement, the transport can then be carried out by the provider.
2) The transport is usually carried out on the transport route to the recipient that is appropriate for the type of service ordered. Depending on the type of service, delivery takes place within the scope of the terms and conditions specified in the applicable contract. These terms are generally non-binding; the obligation to adhere to a specific delivery period is not associated with this. Rather, such is only given if this has been expressly agreed in individual contracts and in writing. Deliveries to non-land-based islands are generally excluded from a fixed-term delivery time.
3) It is the responsibility of the provider to prepare the bees for safe transport. Every provider can request appropriate instructions using the contact form. The placement of the closed bee colonies is the responsibility of the provider. Damage resulting from unsafe preparation of the bees will be borne by the provider. The provider is also responsible for proper and animal-friendly transport.
4) BEEsharing is not obliged to check the contents of the hives and packages before accepting the shipments. If a consignment that does not conform to the contract is returned to the provider, the provider must also bear the costs of the return transport.
5) The remuneration to be paid for the transport is remunerated within the scope of the offer remuneration of the pollination offer in accordance with these terms and conditions.
6) The order is accepted when the pollination contract is concluded between the provider and the customer. The execution takes place as soon as the traffic situation and the disposition of the individual courier vehicles permit.
7) If a delivery period has been expressly agreed in writing to be binding, it begins with the acceptance of the shipment. In the event of non-delivery, the delivery period is extended by at least one day.
8) The bees can also be properly parked or installed directly at the agreed parking space without the customer being present and are therefore deemed to have been delivered. They are deemed to have been delivered with proper and professional storage. The responsibility of the provider ends with the parking on the agreed parking space with the customer.
9) Shipments that were refused to be accepted by the customer or that could not be delivered for other reasons for which the provider was not responsible will be sent to the provider in the same type of service as requested by the provider for the dispatch at the latter’s expense, unless otherwise agreed.
10) The customer will confirm the delivery of the hives at least in text form (e.g. by email). This can also be done with the signature of a relative, the spouse or other persons present in the agreed parking space of the customer such as employees or neighbors of the customer, provided that under the circumstances it can be assumed that they are entitled to confirm the shipments.
11) The provider is obliged to choose the service, taking into account liability risks and insurance cover, taking into account the type, value and quality of the shipment commissioned by him for transport – also taking into account possible high consequential damage is proportionate to the risks and dangers.
12) The transport is based on the regulation for the protection of animals during transport and for the implementation of regulation (EC) No. 1/2005 of the council (animal protection transport regulation – TierSchTrV). The provider is responsible for all necessary labels and signs. The transport can take place over a maximum distance of 200 km and only at times when the bees are inactive (evening / morning hours). The beehives may be closed for a maximum of 24 hours.
13) All papers required for the transport, in particular veterinary papers, are to be sent to the customer in advance as digital documents (e.g. via pdf or jpg file). The original or a certified copy must be presented upon request. The provider assures that the bees, bumblebees etc. to be sent are not subject to transport restrictions or transport exclusions (e.g. in accordance with the Bee Disease Ordinance).
14) The provider confirms that the bees to be dispatched are free of any visible signs of disease on the day of dispatch. The provider ensures sufficient feed and water supply, if and to the extent necessary, as well as ventilation options for the hives for the agreed duration of the transport.
15) The provider must ensure that the bees are packed appropriately for the number of bees to be sent. That means, that e.g. hives must also be protected from harmful weather conditions. This includes, for example, open wire mesh boxes for up to 4 bee colonies in open means of transport or means of transport with fresh air supply.
16) The provider will adequately inform the customer about the expected delivery time. The customer ensures that the area provided for installation is accessible for a common means of transport and suitable for installation as mentioned above. Access roads that can be driven on are just as necessary as a suitable level for setting up the bee colonies, bumblebees, etc.
19) If a shipment cannot be delivered or if the delivery time of a shipment is delayed due to force majeure, it can be returned to the sender via the shortest route to protect the animals.
20) The pollination-provider, in potential cooperation with the respective transport provider, ensures that the hives are properly and properly set up in accordance with prior agreement with the customer at the intended location and endeavors to reduce the risk of possible damage from external influences and theft as much as possible.
5. Terms of use for the services on www.beesharing.io
5.1 Pollination calculator
1) For farmers with crops who benefit from pollination, they can use the pollination calculator alone or with the help of BEEsharing’s advisors at www.beesharing.io.
2) The most economical mix of pollinators is determined for each cultivation product, in which the characteristics of the respective cultivation area to be specified are selected. The pollination calculator contains scientific and empirical values and is intended to lead to a better assessment of the pollination requirement. Despite the necessary care and conscientious determination of the calculation bases, no guarantee is given for success and / or the correctness of the results. The calculation bases should use empirical values to determine the best possible pollinator mix for the cultivated areas.
5.2 Pollination Retrieval
1) In this segment, bumblebees and mason bees and honeybees in particular are offered that can be retrieved online using the retrieval function of the beesharing.io Application.
• The customer receives confirmation via the Application. He also receives a message on how he can retrieve his pollinator mix, which has already been bought, at the ideal time.
• The retrieval process takes place by opening the retrieval tool within the Application. Every matching request and order is is followed by the determination of the expected delivery period for each crop and orchard. The shipping data is entered and the data entered is then confirmed.
• An retrieval button for the final polling of the pollinators is then available within the Application during the given pollination-period. The pollinators can then be retrieved from tat any time in the corresponding delivery period by activating the button. 14 days before the start of a delivery period, BEEsharing will send an e-mail as a reminder.
• After the request has been triggered, the pollinators are generally delivered to the user within 5 working days by post or a forwarding agent.
• Any nesting boxes for pollination by mason bees are generally sent directly after purchase, but no later than when they are called up.
6. Prices and terms of payment
6.1 Prices and terms of payment for the online shop
1) Unless otherwise stated in the BEEsharing product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
2) The payment option (s) will be communicated to the user in the BEESharing online shop.
3) When paying using one of the payment methods offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua / useragreement-full or – if the user does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.
All services are exclusively accessible through our application, which is free to download from the Apple App Store and Google Play Store. BEEsharing.io charges a matching fee of 5% of the transaction volume from both farmers and suppliers. Special offers on these fees can be accessed using voucher codes.
6.2 Prices and terms of payment outside the online shop
1) The prices agreed between the parties at the time of the legally binding acceptance of an offer apply.
2) In the case of pollination services, an amount of at least 20% of the total price is due upon acceptance of the offer by the customer, unless otherwise agreed. With the delivery of the bee colonies as agreed, the remaining amount becomes due for payment. Both amounts are to be paid 14 days after the due date and without any deductions.
3) The prices and conditions for pollination services result from the contract (s) concluded, depending on the selected payment method.
4) The payment processing takes place directly between the contracting parties and outside the platform.
6.3 Price adjustments for trade and services outside the platform and the online shop
1) In the context of delivery and service contracts between customer and provider with already binding orders/ requests the following applies:
2) The contracting parties will redefine the amount of the remuneration as soon as the costs for the provision of the underlying goods delivery and services of the provider exceed 5% of the sales value of the goods or the service fee as a result of an increase in wages, materials or other costs.
3) As soon as such a price increase occurs, the provider will inform the customer of this fact in writing (text form is sufficient) and justify this circumstance in compliance with business and trade secrets (“notification”).
4) The contracting parties will then start negotiations on new prices. The negotiations shall be determined by mutual agreement considering the then prevailing market price levels.
5) If the contracting parties cannot agree on the amount of the remuneration to be determined within a period of 4 weeks from the date of receipt of the notification, the provider entitled to extraordinarily terminate the contract for good cause.
6) Upon receipt of the notification, the customer undertakes not to place any orders/ requests on the basis of the old prices from this contract, unless the provider expressly agrees to this in writing. All orders/ requests from receipt of the notification apply from receipt of the notification either at the then renegotiated prices or shall be ineffective in the event of non-agreement after the deadline or in the event of a final refusal of a contracting party to further negotiations.
7) A price adjustment can be requested for the first time with effect from the third month after the start of the contract.
7. Delivery and shipping conditions
1) Deliveries made within the scope of the providers services are only possible by dispatch within the US or by personal collection at the provider´s headquarters, if and insofar as this is explicitly offered. The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given by the customer in the order processing is decisive.
2) If the transport company sends the goods back to the provider because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the provider had announced the service to him a reasonable time in advance . Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal as a consumer. For the return costs, if the customer effectively exercises his right of cancellation, the provisions made in the cancellation policy apply.
3) If a purchased item is defective, the provisions of statutory liability for defects apply. The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the provider and BEEsharing of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8. Data protection and data security
(1) The platform’s servers are state-of-the-art, in particular through firewalls; however, the user is aware that there is a risk for all participants that transmitted data can be read out in the transmission path. This applies not only to the exchange of information via e-mail that leaves the system, but also to the integrated messaging system and all other transfers of data.
(2) BEEsharing is entitled to process and save the data received from the user in connection with the business relationship during the term of this contract, taking into account the requirements of the applicable data protection regulations. BEEsharing ensures compliance with the relevant data protection regulations, in particular the EU General Data Protection Regulation (GDPR), see the data protection declaration in detail.
(3) By registering, the user guarantees to BEEsharing and all other users that the data protection requirements have been complied with with regard to the data transferred by the user and exempts BEEsharing from any claims, including those of a public law nature. In particular, the user himself has to ensure that any necessary consent is obtained from employees before personal data of employees is entered into the platform in the context of setting up employee logins or in any other way.
9. Liability
(1) The processing of contracts concluded outside of the platform is fundamentally the sole concern of the respective users. BEEsharing assumes neither a guarantee for the fulfillment of the contracts nor liability for material or legal defects of the traded goods and services for such concluded contracts in which BEEsharing is or is not involved as a contracting party. BEEsharing has no obligation to ensure the fulfillment of the contracts that have come about between the users, but BEEsharing can, at its own discretion, endeavor to find an amicable solution in the event of a dispute as an intermediary.
2) The user as the provider is advised that he is jointly and severally liable in the context of joint offers with other providers.
3) BEEsharing is only liable for its own services to users in the event of intent or gross negligence. The same applies to negligently caused damage resulting from injury to life, limb or health. In the case of negligently caused property and financial damage, BEEsharing is only liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage that is foreseeable and typical for the contract at the time the contract was concluded. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the provider and customer can rely. Statutory warranty claims of the user are not affected by this limitation of liability.
4) In the case of (federal) transports, the provider´s liability in this sense is limited to three times the amount of the freight. Is the provider liable for a breach of a contractual obligation related to the execution of the transport of the shipment for damage that is not caused by loss or damage to the shipment or by exceeding an expressly agreed delivery period, and if the damage is other than property damage or personal injury In this case, too, liability is limited to three times the amount that would have to be paid if the shipment were lost. The provider is exempt from liability – for whatever legal reason – if and to the extent that the damage arises due to circumstances that the provider could not avoid even with due diligence of a prudent businessman and the consequences of which the provider could not avert. This applies in particular if the damage is caused by instructions from the user as the provider or his vicarious agent.
5) BEEsharing is only liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided through appropriate data backup measures on the part of the user.
(6) Liability does not extend to impairments of the contractual use of the services provided by the providers on the platform, which are caused by improper or incorrect use by the user.
(7) Insofar as there is a possibility of forwarding to databases, websites, services etc. of third parties via the platform, e.g. given by the setting of links or hyperlinks, BEEsharing is not liable for the accessibility, existence or security of these databases or services, nor for their content. In particular, BEEsharing is not liable for their legality, accuracy of content, completeness, timeliness, etc.
(8) Actions using the respective login of a user are generally attributable to the user. Users are responsible for all declarations of intent made on the platform themselves. For declarations made by third parties under the user’s member account, they are liable to a foreseeable extent in accordance with the principles of a contract with protective effect for third parties.
(9) Irrespective of the general statutory provisions, the customer of pollination services is particularly liable for damage to pollinators for which he is responsible. This applies in particular to the type, manner and extent of the use of crop protection applications. In the event of a breach of these obligations, BEEsharing reserves the right to exclude the customer from the network without prejudice to further warranty claims and claims for damages.
(10) Without prejudice to the general statutory provisions, the provider of pollination services is particularly liable for the timely delivery and provision of the pollinators in the agreed quality. In the event of a breach of these obligations, BEEsharing reserves the right to exclude the provider from the network without prejudice to further warranty claims and claims for damages.
10. Other
1) The contract language is English.
2) The providers procedure for handling complaints meets the requirements of professional care. Should the user want to submit complaints, he can do so in writing or orally using all means of communication and addresses / numbers provided and mentioned on the platform. A timely processing is assured.
3) The place of jurisdiction for all disputes in connection with the services of BEEsharing is the registered office of BEEsharing, unless special provisions apply, in particular in section 11 for consumers.
4) With regard to all legal relationships arising from this contractual relationship, the contractual partners agree to the application of the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention, unless special provisions apply, in particular in section 11 for consumers.
5) In the event that a provision of these general terms and conditions should be ineffective, the effectiveness of the other provisions will not be affected. This particularly applies to the contract already concluded. The ineffective clause is replaced by the statutory regulation. Anything else only applies if, in this case, adherence to the contract represents unreasonable hardship for one of the contracting parties. Then the contract is inoperative in its entirety.
6) A partial or complete transfer of the rights of the user from the contract with BEEsharing to third parties is excluded as far as legally permissible.
7) The user is only entitled to offset against BEEsharing with undisputed or legally binding counterclaims.
8) Goods that are sold by BEEsharing as the offering user remain their property until they have been paid for in full.
11. Special conditions for consumers
11.1 Precedence of the Special Conditions
1) The following provisions take precedence over other provisions of these terms and conditions if and to the extent that the user or, in particular, the provider or customer acts as a consumer within the meaning of Section 13 of the German Civil Code (BGB).
2) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention, if
a) the user is habitually resident in Germany, or
b) is habitually resident in a country that is not a member of the European Union.
3) In the event that the user has his habitual residence in a member state of the European Union, the applicability of German law also applies, whereby the mandatory provisions of the state in which he has his habitual residence remain unaffected.
4) The contractual provisions with information on the ordered goods and / or booked services including these general terms and conditions and the cancellation policy will be sent to the user by email upon acceptance of the contract offer or notification thereof. BEEsharing does not store the contractual provisions.
5) BEEsharing points out that in addition to the ordinary legal process, users also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
11.2 Right of Withdrawal
As a consumer, you have a right of withdrawal in accordance with the instructions given in the appendix. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Attachment
Consumer information and cancellation policy
If you enter into contractual commitments as a consumer when visiting our platform www.beesharing.io, we would like to point out the following:
(1) The language available for the conclusion of the contract is exclusively English and German. Translations into other languages are for informational purposes only. In the event of contradictions, the German text takes precedence.
(2) The essential characteristics of the goods and services offered by us as well as the period of validity of limited offers can be found in the individual product descriptions on our website.
(3) The presentation of our goods does not constitute a binding offer on our part. Only when you order goods is a binding offer in accordance with Section 145 of the German Civil Code (BGB). If this offer is accepted, we will send you an order confirmation by e-mail or dispatch the goods. This creates the sales contract between you and us.
(4) If the goods you have ordered are not available, we reserve the right not to provide the service, whereby we will inform you of this immediately before the conclusion of the contract.
(5) The prices quoted by us are net prices plus applicable VAT. The shipping costs are shown separately for the respective products and in the order overview.
(6) We would like to point out that in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
Our e-mail address is: info@BEEsharing.eu According to § 36 VSBG, we point out that we are not obliged to take part in an out-of-court dispute settlement procedure before a consumer arbitration board.
(7) The data required to process the contract between you and us are stored by us and are accessible to you at any time. In this respect, we refer to the data protection regulation on www.beesharing.io.
(8) We also refer to our general terms and conditions.
BEEsharing.io by Honey Experts UG (haftungsbeschränkt)
Ruppiner Chaussee 215
13503 Berlin
Telephone number: +1 916-571-6918
Email address: support@beesharing.io
BEEsharing.io by Honey Experts UG (haftungsbeschränkt) is represented by the managing directors Jan Hesterberg.
Register and register number: Berlin Charlottenburg District Court HRB250410.
As a consumer, you have a right of withdrawal in accordance with the instructions below:
RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In the case of services, the withdrawal period is 14 days from the day the contract is concluded.
In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
ADDITIONAL INFORMATION
___________________________________________________
Sample for the withdrawal form according to Annex 2 to Article 246a § 1 Paragraph 2 Sentence 1 No. 1 and § 2 Paragraph 2 No. 2 EGBGB
(If you want to cancel the contract, please fill out this form and send it back)
• To BEEsharing.io by Honey Experts UG (haftungsbeschränkt), Jaffestraße 6, 21109 Hamburg, telephone number: 04018017440, email address: info@BEEsharing.eu:
• I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (detailed description, so that it can be clearly determined which goods the revocation relates to), the provision of the the following services (detailed description so that it can be clearly determined which goods the revocation relates to) (*)
• ordered on: () / received on: (*)
• Name of the consumer (s):
• Address of the consumer (s):
• Signature of the consumer (s):
• Date
____________________________________________________
(*) Delete where inapplicable
New Business Model Details:
BEEsharing.io operates exclusively as the provider of the application. The application allows pollination suppliers to register and list their pollination offers, including honeybees, mason bees, and bumblebees. Suppliers specify the quantities of pollinators available and set their own prices. Suppliers are responsible for complying with any applicable nature and species protection regulations in the target regions for pollination.
For farmers, the application provides registration and tools to document their cultivation areas requiring pollination. It includes an AI-driven recommendation system for an optimal pollinator mix based on the characteristics of their cultivation areas. This mix may include honeybees, mason bees, and bumblebees. Farmers can also account for their existing pollinators, which are automatically deducted from the recommended mix upon input.
BEEsharing.io offers recommendations for pollinator mixes based on knowledge and AI but emphasizes that these recommendations are non-binding and require user review and approval. Farmers must also ensure compliance with relevant nature and species protection regulations when using pollinators sourced through the application.
As a platform operator, BEEsharing.io disclaims any liability for the quality of pollinators, logistics, services, or any other matters related to the pollinators ordered through the application. BEEsharing.io solely facilitates the registration and mediation of pollinators through its application.
Important Additions to Our GTCs for the US Market
General Terms and Conditions of Use
Effective Date: 08.12.2024
Last Updated: 08.12.2024
By accessing or using BEEsharing.io, you acknowledge that you have read, understood, and agree to be bound by the following Terms.
1. Introduction
Welcome to BEEsharing.io, operated by Honey Experts UG (haftungsbeschraenkt) (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our platform, located at , and any related services, including our AI-powered pollination solutions, marketplace for pollinator suppliers, and associated resources.
By accessing or using the platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not access or use the platform or services.
2. Key Definitions
Platform: The website and services provided by BEEsharing.io.
Buyer: Farmers or growers purchasing pollination services through the platform.
Seller: Bee breeders, beekeepers, or professional pollination companies offering services on the platform.
Services: AI-based recommendations, pollination services, and marketplace facilitation provided by BEEsharing.io.
3. Governing Laws
This agreement is governed by:
U.S. federal law and the laws of the State of Washington, without regard to conflict-of-law provisions.
International agreements and export controls relevant to biological products.
4. Services Provided
BEEsharing.io facilitates transactions between buyers (farmers/growers) and sellers (bee suppliers) on the platform. We act as an intermediary and do not directly sell or own any pollinators or other products listed.
4.1 AI-Based Consultation: We provide recommendations on suitable pollination strategies tailored to crops, orchards, and environmental factors.
4.2 Marketplace: Buyers can order pollination services and purchase bees as products from sellers. Transactions occur directly between the buyer and seller, with BEEsharing.io earning a commission for facilitation.
5. User Registration and Account
5.1 Eligibility: Users must be 18 years or older and legally capable of entering into contracts under applicable law.
5.2 Account Security: Users are responsible for maintaining the confidentiality of their login credentials. Unauthorized use of an account must be reported immediately to .
6. User Responsibilities
6.1 Accuracy of Information: Users must provide accurate and complete information for registration, transactions, and any other engagement with the platform.
6.2 Compliance with Laws: Users agree to comply with all applicable federal, state, and local laws, including agricultural and environmental regulations governing pollinator use. Key regulations include:
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): Administered by the U.S. Environmental Protection Agency (EPA), FIFRA regulates the registration, distribution, sale, and use of pesticides. Compliance with FIFRA is essential to prevent adverse effects on pollinators from pesticide exposure.
Endangered Species Act (ESA): This act provides for the conservation of species that are endangered or threatened. Certain pollinator species are protected under the ESA, and activities affecting them may require consultation with the U.S. Fish and Wildlife Service.
National Environmental Policy Act (NEPA): NEPA requires federal agencies to assess the environmental effects of their proposed actions. Projects involving pollinators may necessitate environmental assessments to evaluate potential impacts.
In addition, individual states may have additional regulations concerning pollinator protection, pesticide use, and agricultural practices. For instance, some states have implemented Pollinator Protection Plans and best management practices to safeguard pollinator health. Users are responsible for staying informed about and adhering to these laws and practices.
7. Transaction Terms
7.1 Facilitation Role: BEEsharing.io acts as a facilitator. The sale contract is directly between the buyer and seller.
7.2 Payment Terms: Payments for purchases are processed via BEEsharing.io’s designated payment gateway. Buyers agree to promptly update payment information when necessary.
7.3 Commissions: BEEsharing.io earns a commission on each transaction, deducted from the total purchase price.
8. Delivery and Risk
8.1 Delivery: Sellers are responsible for delivering pollinators to the specified location per the agreed-upon terms with the buyer.
8.2 Risk of Loss: Risk transfers to the buyer upon delivery.
8.3 Refunds and Returns: Buyers may request a refund or return for products or services if they fail to meet agreed specifications. Requests must be made within 3 days of delivery, and refunds will be processed per the seller’s return policies. BEEsharing.io is not responsible for processing refunds but will facilitate communication between buyers and sellers.
8.4 Reporting Complaints: Buyers must report defects or service issues within 3 days of receipt. Failure to report within this timeframe may forfeit any right to remedies.
8.5 Transfer of Ownership and Risk: Ownership of purchased bees or products transfers to the buyer upon delivery. Risk of loss or damage is also transferred upon delivery.
8.6 Detailed Complaint Mechanism: In the event of a complaint, buyers are required to provide detailed written notice to BEEsharing.io within 3 days of receiving the product or service. This notice must include:
A description of the defect or issue.
Supporting evidence, such as photographs or records.
Proof of purchase and delivery details.
BEEsharing.io will facilitate communication between the buyer and seller to resolve the issue but will not guarantee outcomes. Sellers are responsible for addressing valid complaints and providing remedies per their individual policies.
9. Prohibited Activities
9.1 Prohibited Activities:
Use the platform for any unlawful purpose.
Upload or transmit harmful or unauthorized content.
Engage in fraudulent activities, including false advertising or misrepresentation of pollinator quality.
10. Third-Party Integration
BEEsharing.io integrates third-party tools only when absolutely necessary to enhance the usability and performance of the platform. These integrations are designed to improve the user experience and deliver added benefits to the platform’s users. BEEsharing.io may provide access to third-party tools or services integrated into the platform. These tools are provided “as is” without warranties or endorsements, and BEEsharing.io is not liable for any issues arising from their use. Users are encouraged to review the terms and conditions of any third-party services before use.
11. Limitation of Liability
11.1 Platform Role: BEEsharing.io is not liable for the quality, performance, or outcomes of pollination services provided by sellers.
11.2 Exclusion of Certain Damages: To the maximum extent permitted by law, we disclaim liability for indirect, incidental, punitive, or consequential damages arising from platform use.
11.3 Biological Product Limitations: BEEsharing.io is not responsible for the biological outcomes of purchased pollinators, including but not limited to survival rates, pollination success, or compatibility with specific crops or environments. Buyers acknowledge the inherent risks associated with the use of biological products and agree that all products are sold “as is,” unless expressly stated otherwise by the seller.
12.Intellectual Property
12.1 Confidentiality: Users agree to protect and not disclose proprietary information shared during transactions unless required by law.
12.2 Ownership: All content, logos, and proprietary technology on the platform are owned or licensed by BEEsharing.io and protected under U.S. copyright laws.
12.3 User-Submitted Content: Users grant BEEsharing.io a non-exclusive license to use content submitted for the platform’s operation and promotion.
13. Privacy Policy
Your personal information is processed per our , which complies with the California Consumer Privacy Act (CCPA).
14. Dispute Resolution
14.1 Governing Law: Disputes are governed by the laws of the State of Washington.
14.2 Arbitration: Disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association. Venue shall be in Seattle, WA.
15. Force Majeure
Events constituting force majeure include, but are not limited to, natural disasters, pandemics, crop failures, regulatory changes, and pollinator diseases.
BEEsharing.io is not responsible for delays or failures resulting from circumstances beyond reasonable control, including natural disasters, pandemics, or regulatory actions.
16. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting, and continued use of the platform constitutes acceptance.
17. Contact Information
For questions or concerns, please contact: Otmar Trenk, otmartrenk@beesharing.eu
18. Non-Circumvention and Exclusivity
18.1 Non-Circumvention: Users agree not to circumvent, avoid, bypass, or obviate BEEsharing.io’s role as an intermediary by conducting direct transactions with other users introduced through the platform, without involving BEEsharing.io, during the term of their registration and for a period of one year thereafter.
18.2 Exclusivity: All transactions between buyers and sellers who have been introduced via BEEsharing.io must be conducted exclusively through the platform. Users shall not enter into agreements or transactions with other users outside of BEEsharing.io for services or products offered on the platform.
18.3 Breach and Remedies: Any breach of this clause will result in immediate termination of the user’s account and may lead to legal action to recover damages, including but not limited to, lost commissions and fees.
Email: support@beesharing.io
Address: beesharing.io c/o Crown Bees 17721 132nd Ave NE, Woodinville, WA 98072
Acknowledgment: By accessing or using BEEsharing.io, you acknowledge that you have read, understood, and agree to be bound by these Terms.