Terms of Service

qualloy UG (haftungsbeschränkt) - General Terms and Conditions

These Terms and Conditions govern the use of the qualloy Marketplace, which connects companies ("you" / “buyer”) with suppliers to help them buy metal powder.

1. Service description

qualloy offers companies a large portfolio of different metal powders, including steels, Inconel, copper, titanium, aluminum and more. The powders can be used in various industrial applications, including metal additive manufacturing. qualloy allows third party suppliers to list and sell their products in the qualloy Marketplace. The following terms and conditions of business and sale apply to all our services and performances, including future services and performances, unless otherwise agreed in individual cases. Terms and conditions of the buyer that deviate from our terms and conditions of sale and payment are not valid.

2. Conclusion of contract

2.1. You can only make inquiries about the purchase on the qualloy Marketplace. This is mainly done by confirming an order at the end of the order process ("Place order") or by confirming an automatically generated, non-binding offer ("Confirm offer"). This is an offer from you to a selected supplier to conclude a purchase contract. If a supplier accepts your offer, the purchase contract is concluded between you and the supplier on the terms that you have agreed with the provider. You will be informed of the acceptance of the request via qualloy. qualloy does not provide any services and is not a party to your contract with the supplier. 2.2. You can cancel your purchase request on the qualloy Marketplace free of charge 24 hours after the request before a supplier has accepted such a request. 2.3. All prices are net prices and do not include the applicable VAT. The customer pays directly to the supplier via the payment options offered by the supplier. Information on the commercial conditions of the products refers to the currently valid Incoterms. Unless expressly stated otherwise, all prices do not include import taxes and duties.

3. General limitation of liability

3.1. qualloy is extremely concerned to ensure that the qualloy Marketplace is always available and that all transmissions are error-free. The qualloy Marketplace is provided on an "as is" and "as available" basis. Your access to the qualloy Marketplace may occasionally be interrupted or restricted due to technical problems or to allow for repairs, maintenance or the introduction of new features or services. We will try to limit the frequency and duration of any such temporary interruption or restriction. 3.2. Since the qualloy Marketplace is an information service between customers and suppliers, we cannot assume any guarantee or responsibility for the quality or absence of faults in the services provided. Since the respective purchase contract is concluded exclusively between you and the respective supplier, we are not liable for damages arising from, in connection with or in the context of such a contractual relationship between you and the supplier. Clause 3.6. remains unaffected. 3.3. Notwithstanding Clause 3.6., qualloy's liability is excluded. qualloy is in particular not liable for:

Damages resulting from a transaction between you and a supplier;
the availability and accuracy of the supplier's content, products or services;
delays or service failures due to causes beyond qualloy's control; 3.4. Advice and recommendations on our part, insofar as these are not part of the contractually agreed scope of services owed by us, are provided without any obligation on our part and to the exclusion of any liability. 3.5. In addition, qualloy, its officers, agents, employees and other vicarious agents shall not be liable for any loss or damage incurred by you as a result of using the qualloy Marketplace or relying on the services booked via the qualloy Marketplace, including, but not limited to: 3.5.1. any direct or indirect damage to property or financial loss; 3.5.2. loss of profit; 3.5.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from the interruption of business; 3.5.4. any other type of loss or damage. 3.6. qualloy's liability for damages, regardless of the legal basis, in particular for impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties in contract negotiations and tort, is limited in accordance with this clause 3. to the extent that fault is involved in each case. 3.7. The limitations of liability in this clause 3. shall not apply (i) to liability for damages caused intentionally or by gross negligence, (ii) to liability for damages culpably caused by qualloy arising from injury to life, limb or health or (iii) in the event of culpable breach of a material contractual obligation (so-called "cardinal obligation"). Cardinal obligations are such obligations of qualloy, the fulfillment of which is essential for the proper performance of the services offered and on the observance of which you may regularly rely and trust. In the event of simple negligence, qualloy's liability is limited to the amount of damages typical for the contract and foreseeable at the time the agreement was concluded. Liability under the Product Liability Act remains unaffected. 3.8. Any contributory negligence on the part of the buyer, for example the inadequate fulfillment of obligations to cooperate or organizational errors, shall be positively taken into account for qualloy. 3.9. The buyer shall be obliged to notify qualloy immediately in writing of any damage within the meaning of the above liability provisions or to have it recorded by us so that we are informed as early as possible and, if necessary, can work together with the buyer to limit the damage.

4. Changes to the General Terms and Conditions

4.1. We may amend these Terms and Conditions from time to time. We will notify you of any changes to these Terms and Conditions in text form (e.g. by email) or online via the Website at least two weeks before the proposed date of entry into force.

5. Data protection

5.1. User data protection is very important to qualloy. Please read qualloy's privacy policy (https://qualloy.com/privacy) to learn how qualloy collects, uses and shares its users' data. 5.2. qualloy uses cookies and other technologies on the website, more information can be found in the qualloy Cookie Declaration.

6. International Trade Law

You agree that you will not export, re-export or transfer any products purchased through the qualloy Marketplace to any country, individual, company, organization or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, Switzerland, the United Kingdom, the United Nations, the U.S. Department of State, Treasury or Commerce and other government agencies (such as embargoes imposed on certain countries or economic sanctions imposed on individuals or companies for terrorism or money laundering offenses) may prohibit you from taking products to other countries, even for your own personal use, and/or from sending products to certain individuals, companies, organizations or entities. In addition, you agree that you will not purchase any products or services through the qualloy Marketplace if you are subject to any restrictive measures (sanctions).

7. Applicable law, place of jurisdiction

7.1. The law of the Federal Republic of Germany shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Conflict of laws is also excluded. Please contact us directly if you have any questions or problems. Contact details can be found in our legal notice (https://qualloy.com/imprint). 7.2. If the buyer is a registered trader or has its registered office outside the Federal Republic of Germany, our registered office shall be the place of jurisdiction; however, we shall also be entitled to sue the buyer at the court of its place of residence.