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General Terms and Conditions for Providers
the
FriendsFair GmbH
Hauptstr. 151
10827 Berlin
Table of contents:
§ 1 Scope of Application, Definition
§ 2 Registration
§ 3 Conclusion of Contract between Users
§ 4 Information obligations pursuant to § 246 para. 1 EGBGB
§ 5 Prices
§ 6 Shipping costs
§ 7 Usage Fees, Due Date
§ 8 Provider obligations
§ 9 Termination
§ 10 System Integrity
§ 11 Netiquette/Rights of Third Parties
§ 12 Blocking
§ 13 Responsibility for content, liability
14.1 Right of withdrawal (General / eCommerce)
§ 15 Contact point
§ 16 Use of data
§ 17 Miscellaneous
§ 18 Amendment of the Terms and Conditions
§ 1 Scope of Application, Definition
1.1
These terms and conditions apply to all legal relationships of FriendsFair GmbH, Hauptstr. 151, 10827 Berlin, hereinafter referred to as "FriendsFair", vis-à-vis the registered providers of the https://friendsfair.eu/ website and all associated sub-pages ("Platform"). A provider is any consumer or entrepreneur who uses the website as a registered provider. In the case of verbal (in particular telephone) contracts, the consumer is informed of the applicability 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. The Provider's general terms and conditions 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 provider 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 Provider without reservation in knowledge of the Provider'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
Registration as a provider on the platform is done by opening a provider account. With the completion of the registration process, a user contract is concluded between FriendsFair GmbH, Hauptstr. 151, 10827 Berlin, and the respective provider, which regulates the legal relationships in the context of the use of the platform, including these GTC. To register as a provider, you must
click on the "Become a Seller" option via the "My Store" button;
apply for a seller account by providing the full mandatory information requested;
verify the accuracy of this information; click on the "Confirm" button at the end.
By clicking on the "Confirm" button, the Provider submits an offer to FriendsFair for the conclusion of a user contract. FriendsFair will confirm receipt of the Provider's application by e-mail to the contact address provided. The automatic confirmation e-mail regarding the receipt of the application is not a declaration of acceptance. The declaration of acceptance by FriendsFair is made by means of a separate e-mail, with which FriendsFair grants the provider access to the corresponding admin panel. Only upon receipt of the declaration of acceptance is a user contract concluded between FriendsFair GmbH, Hauptstr. 151, 10827 Berlin, and the respective provider, which regulates the legal relationships in the context of the use of the platform.
There is no entitlement to conclude a user contract.
2.2
The use of the platform is only permitted to persons with unlimited legal capacity. FriendsFair also points out that the commencement of self-employment in Germany may be subject to notification (cf. § 14 GewO). The obligation to notify applies regardless of whether this activity is carried out full-time or part-time. In this respect, it is incumbent on each provider to find out whether its activity on the platform triggers further notification or approval obligations and has tax consequences that require further measures on the part of the provider.
2.3
The data requested during registration must be provided completely and correctly. Registration requires a valid e-mail address. Subsequent changes to the user data must be corrected immediately by the provider.
2.4
As part of the registration, providers are obliged in particular to provide a valid e-mail address. All communication between FriendsFair and the provider takes place via this e-mail address. In addition, the providers assign a username and password during the registration process. You are required to keep this password confidential.
2.5
If there are indications that a provider's access is being misused, the provider is obliged to inform FriendsFair immediately. Each provider is generally liable for all activities carried out using its access and indemnifies FriendsFair from any claims for damages by third parties, unless the provider is not responsible for the misuse.
§ 3 Conclusion of Contract between Provider and Purchaser
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. When presenting the products and services, the providers are obliged to present them as realistically as possible, visually and in writing.
To place an order via the Platform, the Purchaser must:
1) Add items to the shopping cart;
2) Select and enter the delivery location and delivery method, login, billing and delivery address;
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
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 recommendation for toys, etc.)
• Filter inputs (color, size, material, etc.)
• Text entries and product descriptions
• Visual inputs such as videos and photos of the goods
• (other parameters if necessary)
The entries in the first selected language are automatically transferred to other languages available on the platform. It is advisable for the provider to adapt the translation into other languages.
§ 5 Prices
5.1
The respective offers must be posted by the providers in compliance with the legal requirements, in particular stating a gross final price (incl. VAT, if necessary). The Provider must independently inform itself about any tax and duty obligations that affect it and take appropriate measures.
5.2
In order to maintain the integrity and competitiveness of the FriendsFair.eu platform, we recommend that our suppliers do not set the prices of goods, services and workshops offered on FriendsFair.eu below the prices offered on other sales platforms or offline sales. This recommendation is used to ensure a consistent price level across different sales channels.
5.3
If it is determined that the products offered by a supplier on FriendsFair.eu are offered on other channels at prices that are significantly and verifiably lower than those on FriendsFair.eu, FriendsFair reserves the right to discuss this matter with the supplier. FriendsFair strives to work with the supplier to find a solution that is in the best interest of both parties.
5.4
In the event that a satisfactory solution is not reached to maintain price integrity, FriendsFair reserves the right, upon prior notice and within a reasonable period of 3 months, to terminate the contract with the Provider and to deactivate the Provider's profile. This measure is considered a last resort to protect the fairness and competitiveness of the platform.
§ 6 Shipping costs, delivery, implementation
6.1
The provider independently determines the amount of the shipping costs demanded by him, taking into account the legal regulations.
6.2
The Provider is obliged to make deliveries independently and in good time and in full after consultation with the Customer.
6.3
The Provider is obliged to carry out services and workshops independently and in a timely manner and to the full extent after consultation with the Customer.
§ 7 User Fees, Due Date, Payment
7.1
Payment services are provided to the providers exclusively via the payment provider Stripe. For each transaction via the Platform, the Provider pays a usage fee of 7% of the purchase price after transaction fees as well as a corresponding transaction fee to the payment service provider Stripe, which is based on Stripe's applicable payment framework agreement, which can be viewed here. The usage fee and the transaction fee are automatically due for each transaction. The usage fee and transaction fees are deducted from the sales proceeds before payment to the provider's account.
7.2
The purchase price is due immediately upon conclusion of the purchase contract. The customer pays the purchase price to the payment service provider. Billing with the provider is then carried out in accordance with the agreements in the payment service framework agreement.
7.3
When selecting a payment method offered via the payment service "Stripe", the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Stripe will be communicated to the customer in the provider's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. More information about Stripe can be found on the Internet at https://stripe.com/de.
7.4
If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Stripe reserves the right to carry out a credit check and reject this payment method in the event of a negative credit check.
7.5
In the event of cancellation by the customer, the user fee in the amount of 7% of the purchase price will be refunded by the platform to the provider if the user fee amount exceeds 5 euros 00 cents. The transaction fee payable to the payment service provider to Stripe will not be refunded in the event of cancellation.
7.6
The provider is expressly not entitled to disclose the fees and commissions to be paid by him to the customer. In addition, the Provider is expressly not entitled to enforce the claims arising via the Platform against the Purchaser by alternative means.
§ 8 Provider obligations
8.1
The Provider is expressly not permitted to engage in a direct exchange of contact details with the Purchaser. Contact for making appointments, clarifying order requests, etc. must be made expressly via the platform's message function.
8.2
FriendsFair is not a contractual partner of the contracts concluded between the suppliers and the customers. If the legal requirements for this are met, the Provider is obliged to inform the Purchaser of any right of revocation within the framework of the legal requirements.
8.3
The Supplier shall independently comply with all of its obligations arising from the Purchase Contract under the Electrical and Electronic Equipment Act, the Packaging Act (VerpackG) or other legal requirements affecting the Purchaser and shall inform the Purchaser thereof independently. If there is a legal obligation to do so, the Provider shall independently comply with its obligation to accept WEEE and inform the Purchaser thereof.
8.4
The Provider must always point out to the Purchaser that he is acting as an entrepreneur in the specific legal transaction in the specific legal transaction – if the Provider has the status of an entrepreneur within the meaning of Section 2 (1) No. 8 UWG or occurs later. The corresponding information is requested by FriendsFair as part of the registration as a provider. The provider is obliged to provide FriendsFair with truthful information in this regard. In particular, the Provider is obliged to notify FriendsFair if anything changes in its status in the course of the contractual relationship.
8.5
If the services/workshops offered by the providers are online lessons, the providers must independently ensure that they have a corresponding permit – provided that there is a requirement for approval within the meaning of the FernUSG.
§ 9 Termination
9.1
The user agreement for participation in the platform concluded in accordance with § 2 is concluded for an indefinite period of time. The provider can terminate the contract at any time without notice (integration of the termination button). For the complete deletion of the profile including all data, contact@friendsfair.eu must be contacted.
9.2
FriendsFair may terminate the User Agreement concluded in accordance with § 2 at any time within a period of 30 days. The right to terminate without notice for good cause remains unaffected.
9.3
The Provider must of course fulfil all contracts concluded with the Purchaser until the termination takes effect. This also includes the settlement of all statutory warranty claims, from which the provider may not deviate to the detriment of the customer. In the event of ordinary termination by the provider, the payment service provider has the right to terminate the payment service framework agreement as well.
§ 10 System Integrity
10.1
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.
10.2
In order to ensure system integrity, users are not allowed 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.
§ 11 Netiquette/Rights of Third Parties
11.1
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.
11.2
When using the platform, the providers must comply with applicable law and any rights of third parties.
In particular, they are prohibited from:
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.
11.3
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 block the provider account. If third parties assert claims for damages against FriendsFair due to such a violation, the provider must indemnify FriendsFair from this.
11.4
The Provider assures that it may freely dispose of the image and video material used by it in the context of the product presentation on the platform, that it is free of third-party rights, and that any persons depicted agree to the publication. This also applies to use in advertising, symbolic contexts and the like. The Provider undertakes to indemnify FriendsFair against all damages, reasonable costs, expenses, etc., which a third party asserts against FriendsFair from patent, copyright, ancillary copyright or property rights in connection with the contractual use of the provided works.
11.5
With regard to the lawyer's fees incurred, the costs incurred after expenditure are considered reasonable – in addition to the statutory provisions of the RVG. FriendsFair must immediately inform the Providers in writing of any claim or threatened claim against FriendsFair. FriendsFair assumes sole control of the defense and any negotiation of settlement or settlement with respect to any such claim, but will endeavor to involve the Providers in the defense and/or negotiation at its sole discretion and to coordinate it with the Providers. FriendsFair is entitled to make concessions in such matters without the prior written consent of the Suppliers, so long as FriendsFair notifies the Suppliers of all planned steps in advance.
11.6
If, in addition to the above paragraphs, further questions arise from the infringement of third-party property rights, the contracting parties shall agree on the treatment of these issues taking into account the interests of both parties.
11.7
FriendsFair expressly reserves the right to inspect all communication made via FriendsFair between the provider and the customer.
§ 12 Blocking
12.1
If there are concrete indications that a provider violates 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.
12.2
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.
§ 13 Responsibility for content, liability
13.1
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.
13.2
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.
13.3
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.
§ 14 Right of revocation in consumer contracts
14.1
If the customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), the customer has the right to terminate the contract concluded between him and the provider within 14 days from the day on which the customer took possession of the product (or the last product, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a product in several partial shipments or pieces). without giving reasons. The Provider must inform the Purchaser of this within the framework of the statutory requirements, cf. § 8.2.
In the event of an effective declaration of revocation by the Purchaser, the Supplier shall be obliged to take back the delivered Products and to reimburse the Purchaser for the purchase price paid as well as any shipping costs.
Consumers who conclude contracts with FriendsFair for a fee have a statutory right of withdrawal, about which FriendsFair instructs as follows:
START OF CANCELLATION POLICY
14.1 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 submit the sample withdrawal form or any other clear statement. 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.
________________________________________________________________________
14.2 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
14.3
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.
§ 15 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
§ 16 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.
§ 17 Miscellaneous
17.1
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.
17.2
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.
17.3
In business dealings with companies, the common place of performance of the parties is the registered office of FriendsFair.
17.4
Notifications and declarations to FriendsFair must be submitted in text form. Contractual agreements or declarations by the provider remain unaffected by this regulation.
17.5
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.
§ 18 Amendment of the Terms and Conditions
18.1
If FriendsFair intends to amend and/or supplement these Terms and Conditions or individual provisions thereof, FriendsFair will expressly refer the Providers to the new version and make the amended text available to them. Providers 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 providers and to prohibit further use of FriendsFair. The statutory warranty rights of the providers remain unaffected.
Last update: 14.02.2024
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
