Terms and conditions for the company directory

1. Provider and scope

The company directory on mercoeu.com is provided by neonotu GmbH, Edelsbergstraße 8, 80686 Munich, Germany, registered with the Munich Local Court under HRB 313206 ("we").

These terms apply to all contracts for listings in the company directory, for the paid plans "Business card" and "Microsite", and for ad placements ("Top spot" and "Home page spot"). Different terms of the customer only apply if we expressly agree to them in text form.

2. Businesses only

The directory is open exclusively to businesses within the meaning of section 14 of the German Civil Code (BGB), meaning companies, organisations and self-employed persons acting in the course of their trade or profession. Consumers cannot enter into a contract. By creating a listing, the customer confirms that they act as a business and are authorised to act for the listed company. There is therefore no consumer right of withdrawal.

3. Conclusion of contract and account

The customer creates a listing via the "List your company" form and confirms their email address using the login link we send. This creates a directory account. The contract for a free listing is concluded when we approve the listing. The contract for a paid plan or ad placement is concluded with the booking in the account and the successful first payment.

The customer keeps their access and their email inbox confidential. Login links are personal and only valid for a short time.

4. Services

Basic (free): profile page with company name, city, country, services and products, up to three categories and certifications as search filters. A link to the website and a contact form are not included in the Basic listing.

Business card: in addition, a link to the website, logo, short description and contact form. Inquiries reach the customer by email; their address stays hidden.

Microsite: in addition, a dedicated page with cover image, gallery, text and key figures, up to twelve products with their own page and up to three featured products on the home and category pages. A total of 20 MB is available for images.

Top spot: paid placement above the other results of a chosen category. There are at most three top spots per category. They are labelled "Ad" and their order changes daily.

Home page spot: paid display of the listing on the directory home page, also labelled "Ad". The number of spots is limited and the order changes daily.

The exact scope is stated in the plan overview on the website at the time of booking. We may further develop features as long as the agreed core of the service is preserved.

5. Review and approval

We review every provider. Nothing goes online that we have not approved. This applies to new listings, to every later change of texts, images and logos, and to ad placements. Until approval, the most recently approved version stays online.

For the Business card and Microsite plans, the customer uploads proof before payment, for example a tax number certificate or a business registration. The proof is never publicly visible, is used only for the review and is deleted afterwards. We may reject a listing, plan or ad placement, in particular if the proof is missing or does not match the company.

6. Customer content

The customer is responsible for all information, texts, images and logos in their listing. They warrant that these are accurate, do not infringe third-party rights and do not violate applicable law. For the term of the contract, they grant us the simple, free right to publish this content in the directory, to adapt it for display (for example image size and format) and to show it in search results and previews.

Contact details such as phone numbers, email addresses or web addresses are not allowed in texts, including in disguised spellings. Contact is made via the contact form; the website goes in the field provided for it. Texts containing such details are not published, and the customer receives a warning. After three warnings we temporarily block the account and review the case.

If a third party asserts justified claims against us because of the customer's content, the customer indemnifies us, insofar as they are responsible for the infringement.

7. Inquiries via the contact form

We forward inquiries to the customer by email after the sender has confirmed their email address. We store the content of an inquiry only until it is forwarded, for no more than seven days. In the account, customers see the number of inquiries delivered. We do not owe any particular number of inquiries, visitors or deals. Contracts between customers and senders are concluded without our involvement.

8. Order of results

Results appear by match with the search term (company name, category, products), then by completeness of the listing and alphabetically. The Business card and Microsite plans extend the profile but do not change the ranking. Paid top spots and home page spots appear first and are labelled "Ad". Our own offers are labelled "Offer from the operator". Listings marked "from public sources" were created by us from publicly available information.

9. Prices and payment

The prices in the plan overview at the time of booking apply. All prices are net prices. Companies based in Germany additionally pay statutory VAT. Companies based in another EU country provide their valid VAT ID; the invoice is then issued without German VAT (reverse charge). Companies outside the EU receive invoices without German VAT where the law provides for this.

The price for top spots depends on the size of the company (up to 49, 50 to 249, 250 or more employees). The customer provides accurate information. If the information is wrong, we may charge the correct price from the next billing onwards.

Payment is made in advance for the chosen term via the payment service provider Mollie B.V., using the payment methods offered there. If a payment fails, we may suspend the paid services after notifying the customer until payment has been received. The free Basic listing is not affected.

10. Term and cancellation

The Basic listing runs indefinitely and can be deleted in the account at any time. Plans and ad placements run for one month or one year, as chosen, and renew automatically for the same term unless the customer cancels in the account at least four weeks before the end of the current term. If the cancellation arrives later, the contract renews once more for the same term and ends after that. Cancelling only ends the renewal: the paid term runs until its end, after which we continue the entry as a free Basic listing. When switching to a higher plan, its term starts on the day of the switch. We credit the remaining term of the previous plan pro rata and offset it against the first payment for the new plan. Credits are not paid out. We do not refund amounts already paid on a pro rata basis, unless we are responsible for the termination.

After a plan ends, the listing continues as a Basic listing. Content that belongs only to the paid plan is hidden and deleted after a reasonable period.

11. Restriction, suspension and termination by us

We may restrict or suspend a listing or account if the customer violates these terms or applicable law, in particular in the case of false information, infringements or repeated contact details in texts. We inform the customer of the reasons no later than when the measure takes effect. Ordinary termination by us is subject to 30 days' notice and a statement of reasons. The right to terminate for good cause remains unaffected.

12. Complaints and mediation

Complaints, for example against a rejection, suspension or restriction, can be submitted via our contact form. We review them promptly and communicate the result in text form. For the out-of-court settlement of disputes under Regulation (EU) 2019/1150, we are willing to engage with the Centre for Effective Dispute Resolution (CEDR), London. Participation in mediation is voluntary.

13. Availability and liability

We strive for high availability of the directory. Short interruptions due to maintenance, faults or events beyond our control are possible.

We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act. In the case of a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, at most to the fees paid by the customer in the last twelve months. Otherwise, liability for slight negligence is excluded. We are not liable for information in third-party listings or for transactions between customers and senders.

14. Data protection

How we process personal data is described in our privacy policy.

15. Changes to these terms

We may change these terms with effect for the future, for example for new features or a change in the law. We notify the customer of changes in text form at least 15 days before they take effect. If the customer does not agree, they may terminate the contract before the changes take effect.

16. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from the contract is Munich, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. The German version of these terms is binding. Should any provision be invalid, the remaining provisions remain valid.