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General Terms and Conditions for Purchasers
the
FriendsFair GmbH
Hauptstr. 151
10827 Berlin
Table of contents:
§ 1 Scope of Application, Definition
§ 2 Registration
§ 3 Conclusion of Contract between Provider and Purchaser
§ 4 Information obligations pursuant to § 246 para. 1 EGBGB
§ 5 Shipping costs, delivery, implementation
§ 6 System integrity
§ 7 Netiquette/Rights of Third Parties
§ 8 Blocking
§ 9 Responsibility for content, liability
§ 10 Right of revocation in consumer contracts
§ 11 Contact point
§ 12 Use of data
§ 13 Miscellaneous
§ 14 Amendment of the Terms and Conditions
1.1 Scope, definition
These General Terms and Conditions apply to all legal relationships of FriendsFair GmbH, Hauptstr. 151, 10827 Berlin, hereinafter referred to as "FriendsFair", towards the purchasers of the https://friendsfair.eu/ website and all associated subpages ("Platform"). In the case of verbal (in particular telephone) contract conclusions, the customer is informed of the validity of these GTC; in business dealings with entrepreneurs, these GTC for the ongoing business relationship will be included in the initial order. These General Terms and Conditions apply exclusively. General terms and conditions of the purchaser shall only apply to the extent that FriendsFair has expressly agreed to them in writing. In particular, the inclusion of general terms and conditions of a customer that contradict these general terms and conditions is already objected to. These General Terms and Conditions shall also apply if FriendsFair provides the service to the customer without reservation in knowledge of the customer's terms and conditions that conflict with or deviate from these General Terms and Conditions.
1.2
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity, § 13 BGB. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction, Section 14 (1) of the German Civil Code. A partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and incur liabilities, Section 14 (2) of the German Civil Code.
1.3
FriendsFair is an online sales platform that offers home-made goods and personally provided services as well as workshops. The goods, services and workshops offered are not offers from FriendsFair, but offers from registered providers. The respective contractual relationship (e.g. purchase contract, service contract, etc.) is always concluded between the provider and the customer. In this respect, FriendsFair only provides the technical platform and does not become a contractual partner to the contracts concluded between the users.
§ 2 Registration
2.1
For the orderers, the use of FriendsFair is free of charge and possible without registration. However, in order to be able to use all the functions of FriendsFair, it is possible to register as an orderer and create an account. Nevertheless, the purchaser does not have a claim to this.
2.2
Registration as an orderer on the platform takes place by opening an account. Upon completion of the registration process, a user contract is concluded between FriendsFair GmbH, Hauptstr. 151, 10827 Berlin, and the respective customer, which regulates the legal relationships in the context of the use of the platform, including these GTC.
To register as an orderer, you must:
click on the "Register" option via the "My Account" button;
provide the mandatory information requested in full;
set a password;
verify the accuracy of this information;
click on the "Confirm" button at the end.
2.3
The customer is not entitled to pass on his access data and access password to third parties. If the customer becomes aware that third parties have access to his account or have other indications of misuse of his account, the customer must inform FriendsFair of this without undue delay and change his access data. FriendsFair expressly reserves the right to delete the customer's account immediately in such a case.
2.4
The use of the platform is only permitted to persons with unlimited legal capacity. Multiple registrations are not permitted.
§ 3 Conclusion of Contract between Provider and Purchaser
3.1
The presentation of the products and services offered for purchase on the Platform does not constitute a binding offer, but a non-binding product presentation by the respective provider.
To place an order via the Platform, the Purchaser must:
1) Add items to the shopping cart;
2) Select and enter login, billing and delivery addresses;
3) Choose shipping method and payment method;
4) confirm the correctness of his information on the control page
5) click on the button "order with obligation to pay" at the end.
The ordering process and the conclusion of the contract are carried out exclusively in German, English and Russian. By clicking on the button "order with obligation to pay", the customer places a binding order for the goods/services contained in the shopping cart. FriendsFair will confirm receipt of the order to the customer immediately by e-mail. After completion of the order process, the customer will then receive a declaration of acceptance in addition to the automated order confirmation, with which the contract is validly concluded.
§ 4 Information obligations pursuant to § 246 para. 1 EGBGB
4.1
The presentation of the goods and services presented on the platform is based on the following main parameters, with the relative weighting of the main parameters determining the ranking being considered descending compared to other parameters:
• Price
• Availability
• Delivery time
• Level of expertise from the provider
• Mandatory entries for certain categories (such as allergens for food, age recommendations for toys, etc.)
• Filter inputs (color, size, material, etc.)
• Text entries and product descriptions
• Visual inputs such as videos and photos of the goods
4.2
Please note that the product reviews on FriendsFair are not checked for authenticity by FriendsFair.
§ 5 Shipping costs, delivery, implementation
5.1
The provider independently determines the amount of the shipping costs demanded by him, taking into account the legal regulations.
5.2
Deliveries are carried out by the provider independently after consultation with the customer. FriendsFair is neither involved nor responsible for this.
5.3
Services and workshops are carried out by the provider independently after consultation with the customer. FriendsFair is neither involved nor responsible for this.
§ 6 System integrity
6.1
FriendsFair may restrict access to its own services if this is required for the security of network operation and/or the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data.
6.2
In order to ensure system integrity, it is not permitted in particular to:
use mechanisms, software or other scripts in connection with the use of the Platform that may interfere with the functioning of the Website (e.g. automated page views); take any action that imposes an unreasonable or excessive load on the platform infrastructure; Block, overwrite or modify any content generated by the Platform or interfere with the Platform in any other way.
§ 7 Netiquette/Rights of Third Parties
7.1
The content of the offers of the providers on the platform is not checked by FriendsFair as a matter of principle. However, if FriendsFair becomes aware that a provider violates these General Terms and Conditions of Use or legal regulations, the illegal content will be removed immediately or access to it will be blocked.
7.2
When using the platform, applicable law and any rights of third parties must always be observed.
In particular, you must not:
Use any offensive or defamatory content, whether such content relates to other users, FriendsFair employees, or any other person or entity; The use of content that is offensive to other nations, genders, age groups, cultures, religions, etc., including goods or descriptions of goods on the Platform, as well as content related to FriendsFair (through hashtags, images, text mentions, audio mentions, etc.) materials on social media;
The use of content that glorifies violence, abuses, immoralizes, violates pornographic or youth protection laws or advertises, offers and/or sells goods or services that glorify violence, abuse, immorality, pornographic or violate youth protection laws ;
The unreasonable harassment of other users, in particular through spam (cf. § 7 of the Act against Unfair Competition – UWG);
The use of content protected by law (e.g. copyright, trademark, patent, design or utility model law) without being entitled to do so, or advertising, offering and/or distributing legally protected goods or services, also without being entitled to do so .
7.3
If FriendsFair learns of a violation of the above provisions, FriendsFair is entitled to change or delete the content in question and, after the second warning, to suspend the account. Should third parties assert claims for damages against FriendsFair due to such a violation, the customer must indemnify FriendsFair from this.
7.4
FriendsFair expressly reserves the right to inspect all communication made via FriendsFair between the provider and the customer.
§ 8 Blocking
8.1
If there are concrete indications that a customer is violating legal regulations, the rights of third parties or these General Terms and Conditions of Use, or if FriendsFair has another legitimate interest in doing so (e.g. protection of other users), FriendsFair is permitted to block the account of the respective user temporarily, partially or permanently.
8.2
FriendsFair may permanently block a user's account in particular if the user causes considerable damage to other users, provides false contact details during registration or if there is another important reason.
§ 9 Responsibility for content, liability
9.1
FriendsFair is not responsible for the offers and item descriptions of the providers as well as for the content, data and/or information embedded by the providers as well as for content on linked external websites. In particular, FriendsFair has no influence on whether the information provided by the providers on the platform is complete, correct and corresponds to the current status. FriendsFair is not liable for defects of quality and title in the goods and services offered by the suppliers.
9.2
Insofar as the cause of the damage is based on intent or gross negligence, FriendsFair is liable – subject to the provisions in § 8 No. 1 – for damage caused by it. FriendsFair is also liable for slightly negligent breaches of essential duties (duties whose breach jeopardises the achievement of the purpose of the contract) as well as for the breach of cardinal duties (duties the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the user regularly relies), but only for the foreseeable, contract-typical damage. FriendsFair is not liable for the slightly negligent violation of obligations other than the above. Liability for compensation for indirect damages, in particular for lost profits, exists only in the event of intent or gross negligence on the part of legal representatives, executives or other vicarious agents of FriendsFair.
9.3
The limitations of liability under § 13 no. 2 shall not apply in the event of injury to life, limb and health, to a defect after the assumption of a guarantee and in the event of fraudulently concealed defects.
§ 10 Right of revocation in consumer contracts
Purchasers will be informed by the respective Provider of any statutory rights of revocation that affect the contractual relationship between the Provider and the Purchaser.
Consumers who also conclude contracts with FriendsFair may have a statutory right of revocation vis-à-vis FriendsFair, about which FriendsFair informs as follows:
START OF CANCELLATION POLICY
10.1 Right of withdrawal (General / eCommerce)
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (FriendsFair GmbH, Hauptstr. 151, 10827 Berlin, e-mail: contact@friendsfair.eu) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form for this, but it is not mandatory.
You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website [insert internet address]. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such a revocation.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
_____________________________________________________________________
Sample withdrawal form
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it.)
–To [insert the name, address and, where applicable, the fax number and e-mail address of the trader by the trader]:
–I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
–Ordered on (*)/received on (*)
–Name of consumer(s)
–Address of the consumer(s)
–Signature of the consumer(s) (only if notified on paper)
–Date
___________
(*) Delete what is inappropriate.
_____________________________________________________________________
10.2 Consequences of revocation:
If you withdraw from this contract, we must repay you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the low-cost standard delivery offered by us), without undue delay and at the latest within fourteen days from the day, on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period.
You will bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss of value is due to handling of you that is not necessary to check the nature, properties and functioning of the goods.
If you wish to withdraw from the contract, you can use this form to declare your withdrawal.
END OF CANCELLATION POLICY
10.3
Pursuant to Section 312g of the German Civil Code (BGB), there is no right of revocation for, among other things,
contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
contracts for the delivery of goods that may deteriorate quickly or whose expiration date would quickly pass,
contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
contracts for the supply of goods, if they have been inseparably mixed with other goods after delivery due to their nature,
contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
contracts for the supply of newspapers, magazines or magazines, with the exception of subscription contracts,
for the provision of services in the areas of accommodation for purposes other than housing, transport of goods, motor vehicle rental, delivery of food and beverages as well as for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision of services, unless they are contracts for travel services within the meaning of Section 651a of the German Civil Code, if these have been concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted on the prior order of the consumer,
contracts in which the consumer has expressly requested the trader to visit him in order to carry out urgent repair or maintenance work; this shall not apply to other services which the consumer has not expressly requested or to goods delivered during the visit which are not necessarily required as spare parts for maintenance or repair, unless the parties have expressly agreed otherwise.
§ 11 Contact point
For communication with authorities and users of the platform, the following e-mail address is available as a central point of contact within the meaning of Art. 14 Digital Service Act:
contact@friendsfair.eu
§ 12 Use of data
All personal data is treated strictly confidentially at FriendsFair. FriendsFair's data protection practice is in particular in line with the GDPR, the Federal Data Protection Act (BDSG) and the Telecommunications-Telemedia-Data Protection Act (TTDSG). Personal user data will be passed on exclusively for the purpose of processing the contractual relationship. Only the necessary data will be passed on to third parties. Among other things, it is possible at any time to request free information about the data stored about oneself and to have it deleted, corrected or blocked for advertising purposes. You can find our detailed privacy policy here.
§ 13 Miscellaneous
13.1
All contracts concluded with the Platform within the meaning of § 1 are subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the U.N. Convention on Contracts for the International Sale of Goods. The language of the contract is German.
13.2
For all present and future claims arising from the business relationship with entrepreneurs, including bill of exchange and cheque claims, the place of jurisdiction is the registered office of FriendsFair.
13.3
In business dealings with companies, the common place of performance of the parties is the registered office of FriendsFair.
13.4
Notifications and declarations to FriendsFair must be submitted in text form. Contractual agreements or declarations by the provider remain unaffected by this regulation.
13.5
Should individual provisions of this contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of this contract. Instead of the invalid or unenforceable provision, the parties shall make a valid and effective provision that comes as close as possible to this provision from a legal and economic point of view, which they would reasonably have agreed if they had considered the invalidity or impracticability of the respective provision when concluding this contract. The same applies in the event of a loophole.
§ 14 Amendment of the Terms and Conditions
If FriendsFair intends to amend and/or supplement these Terms and Conditions or individual provisions thereof, FriendsFair will expressly draw the attention of the Purchaser to the new version and make the amended text available to them. Purchasers have the right to object to such changes. In this case, the user relationship will be continued in the previous scope of services under the existing terms of use. If this is not technically possible, FriendsFair is entitled to terminate the user relationship with the customer and to prohibit further use of FriendsFair. The statutory warranty rights remain unaffected.
Last update: 01.03.2024
Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which can be found under https://ec.europa.eu/consumers... can be found.
FriendsFair is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and is generally not willing to do so.
Provider:
FriendsFair GmbH
Hauptstr. 151
10827 Berlin
