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General Terms and Conditions for Providers
The legally binding version is the German one. This text is a free translation and is provided for convenience only.
of
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 providers do not set the prices of goods, services and workshops offered on FriendsFair.eu below the prices offered on other sales platforms or in offline sales. This recommendation serves to ensure a consistent price level across different sales channels.
5.3
If it is determined that the products offered by a provider 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 provider. FriendsFair aims to jointly find a solution with the provider that is in the best interest of both parties.
5.4
If no satisfactory solution is reached to maintain price integrity, FriendsFair reserves the right, after prior notice and in compliance with a reasonable period of 3 months, to terminate the contract with the provider and deactivate the provider 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 charged by it, taking into account the statutory regulations.
6.2
The provider is obliged to carry out deliveries independently, in a timely manner and in full, after consultation with the purchaser.
6.3
The provider is obliged to carry out services and workshops independently, in a timely manner and in full, after consultation with the purchaser.
§ 7 User Fees, Due Date, Payment
7.1
Payment services are provided to providers exclusively via the payment service 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. The usage fee and the transaction fee are automatically due for each transaction. Both 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 purchaser pays the purchase price to the payment service provider. Settlement with the provider then takes place in accordance with the agreements in the payment service framework agreement.
7.3
If a payment method offered via the payment service “Stripe” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the purchaser in the provider’s online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the purchaser may be separately informed. Further information about Stripe can be found online at https://stripe.com/de.
7.4
If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via 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 to reject this payment method in the event of a negative credit check.
7.5
In the event of cancellation by the purchaser, the usage fee amounting to 7% of the purchase price will be refunded by the platform to the provider if the usage fee exceeds EUR 5.00. The transaction fee payable 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 payable by it to the purchaser. The provider is also expressly not entitled to enforce claims arising via the platform against the purchaser by alternative means.
§ 8 Provider obligations
8.1
The provider is expressly prohibited from engaging in a direct exchange of contact details with the purchaser. Contact for appointment scheduling, clarification of purchaser requests, etc. must be conducted exclusively via the platform’s messaging function.
8.2
FriendsFair is not a contractual partner of the contracts concluded between providers and purchasers. If the legal requirements are met, the provider is obliged to inform purchasers about any right of withdrawal in accordance with statutory provisions.
8.3
The provider shall independently fulfil all obligations arising from the purchase contract under the Electrical and Electronic Equipment Act, the Packaging Act (VerpackG) or other statutory requirements applicable to it and shall independently inform the purchaser thereof. If a statutory obligation exists, the provider shall independently comply with its obligation to accept old equipment and inform the purchaser accordingly.
8.4
The provider must always inform the purchaser that it is acting as an entrepreneur in the specific legal transaction, provided that the provider has or later acquires entrepreneur status within the meaning of § 2 para. 1 no. 8 UWG. This information is requested by FriendsFair during provider registration. The provider is obliged to provide truthful information to FriendsFair and to notify FriendsFair immediately of any change in status.
8.5
If the services or workshops offered by providers constitute online instruction, providers must independently ensure that they hold the required authorization, provided that an approval obligation exists within the meaning of the FernUSG.
§ 9 Termination
9.1
The user agreement concluded pursuant to § 2 is concluded for an indefinite period. The provider may terminate the agreement at any time without notice. For complete deletion of the profile including all data, contact@friendsfair.eu must be contacted.
9.2
FriendsFair may terminate the user agreement concluded pursuant to § 2 with 30 days’ notice. The right to extraordinary termination for good cause remains unaffected.
9.3
The provider must fulfil all contracts concluded with the purchaser until termination becomes effective. This includes the settlement of all statutory warranty claims. In the event of ordinary termination by the provider, the payment service provider is entitled to terminate the payment service framework agreement.
§ 10 System Integrity
10.1
FriendsFair may restrict access to its services if required to ensure network security and/or maintain network integrity, in particular to prevent serious disruptions of the network, software or stored data.
10.2
To ensure system integrity, users are prohibited from:
- using mechanisms, software or scripts that may interfere with the functioning of the website (e.g. automated page views);
- taking actions that impose unreasonable or excessive loads on the platform infrastructure;
- blocking, overwriting, modifying or otherwise interfering with platform-generated content.
§ 11 Netiquette / Rights of Third Parties
11.1
FriendsFair does not generally review provider content. If FriendsFair becomes aware of violations of these Terms and Conditions or statutory provisions, unlawful content will be removed or access blocked immediately.
11.2
When using the platform, providers must comply with applicable law and third-party rights. In particular, the following is prohibited:
- offensive or defamatory content;
- content offensive to nations, genders, age groups, cultures or religions;
- content glorifying violence, abuse, immorality, pornography or violating youth protection laws;
- unreasonable harassment of other users, especially spam;
- use or distribution of legally protected content without authorization.
11.3
If FriendsFair becomes aware of a violation, it may modify or delete content and block the provider account after a second warning. Providers shall indemnify FriendsFair against third-party claims.
11.4
The provider warrants that it may freely use all image and video material and that such material is free of third-party rights. Providers shall indemnify FriendsFair against all resulting claims.
11.5
Legal fees incurred are considered reasonable according to actual expenditure. FriendsFair assumes control over defense and settlement negotiations, informing providers in advance.
11.6
Further issues relating to third-party rights shall be resolved by mutual agreement, taking both parties’ interests into account.
11.7
FriendsFair expressly reserves the right to inspect all communication conducted via the platform.
§ 12 Blocking
12.1
If concrete indications exist that a provider violates legal provisions or third-party rights, FriendsFair may temporarily, partially or permanently block the account.
12.2
FriendsFair may permanently block an account in particular in cases of substantial harm to other users, false registration data or other important reasons.
§ 13 Responsibility for content, liability
13.1
FriendsFair is not responsible for provider offers, descriptions or embedded content and has no influence on their completeness or accuracy.
13.2
FriendsFair is liable without limitation in cases of intent or gross negligence. In cases of slight negligence, liability is limited to foreseeable, contract-typical damage.
13.3
The liability limitations do not apply in cases of injury to life, body or health, guarantees or fraudulent concealment.
§ 14 Right of revocation in consumer contracts
14.1
If the purchaser is a consumer within the meaning of § 13 BGB, the purchaser has the right to revoke the contract concluded between the purchaser and the provider within fourteen days from the day on which the purchaser has taken possession of the goods (or the last goods, partial shipment or item in the case of a contract for several goods of a single order or the delivery of goods in several partial shipments or items) without stating reasons. The provider must inform the purchaser thereof in accordance with statutory provisions, cf. § 8.2.
In the event of an effective declaration of revocation by the purchaser, the provider is obliged to take back the delivered products and refund the purchase price paid as well as any shipping costs.
Consumers who conclude paid contracts with FriendsFair have a statutory right of withdrawal, about which FriendsFair provides the following instruction:
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 a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
You may submit the model withdrawal form or another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such withdrawal.
To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
________________________________________________________________________
Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it.)
– To [insert the name, address and, where applicable, fax number and e-mail address of 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 consumer(s)
– Signature of consumer(s) (only if notification is made on paper)
– Date
___________
(*) Delete as applicable.
________________________________________________________________________
14.2 Consequences of revocation:
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from choosing a different delivery method than the standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; 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 occurs first.
You must return or hand over the goods to us without undue delay and in any event 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 period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if such loss in value is due to handling that was not necessary to examine the nature, characteristics and functioning of the goods.
If you wish to withdraw from the contract, you may use this form to declare your withdrawal.
END OF CANCELLATION POLICY
14.3
Pursuant to § 312g BGB, there is no right of withdrawal for, inter alia:
contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer,
contracts for the supply 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 that, after delivery, have been inseparably mixed with other goods due to their nature,
contracts for the supply of sound or video recordings or computer software in sealed packaging if the seal has been removed after delivery,
contracts for the supply of newspapers, magazines or journals, with the exception of subscription contracts,
contracts for the provision of services in the areas of accommodation for purposes other than residential use, transport of goods, vehicle rental, delivery of food and beverages, and other leisure-related services where the contract provides for a specific date or period, unless the contracts relate to travel services pursuant to § 651a BGB concluded outside business premises, unless the oral negotiations on which the contract conclusion is based were conducted following a prior order by the consumer,
contracts in which the consumer has expressly requested the trader to visit them to carry out urgent repair or maintenance work; this does not apply to additional services not expressly requested or to goods delivered during the visit that are not necessarily required as spare parts, unless otherwise expressly agreed.
§ 15 Contact point
For communication with authorities and platform users, the following e-mail address is available as a central contact point within the meaning of Art. 14 Digital Services Act:
contact@friendsfair.eu
§ 16 Use of data
All personal data is treated strictly confidentially by FriendsFair. FriendsFair’s data protection practices comply in particular with the GDPR, the Federal Data Protection Act (BDSG) and the Telecommunications and Telemedia Data Protection Act (TTDSG). Personal user data is disclosed exclusively for the purpose of processing the contractual relationship. Only the necessary data is shared with third parties. Users may at any time request free information about stored personal data and request its deletion, correction or blocking for advertising purposes. The detailed privacy policy can be found here.
§ 17 Miscellaneous
17.1
All contracts concluded via the platform within the meaning of § 1 are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The contractual language 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 is the registered office of FriendsFair.
17.4
Notifications and declarations to FriendsFair must be made in text form. Contractual agreements or declarations by providers remain unaffected.
17.5
Should individual provisions of this contract be wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace the invalid or unenforceable provision with a valid provision that comes as close as possible to the economic intent of the original provision. The same applies in the event of a contractual gap.
§ 18 Amendment of the Terms and Conditions
18.1
If FriendsFair intends to amend or supplement these Terms and Conditions, FriendsFair will inform providers accordingly and make the amended text available. Providers may object to such changes. If an objection is raised, the user relationship will continue under the existing terms. If continuation is not technically possible, FriendsFair may terminate the user relationship. Statutory warranty rights remain unaffected.
Last update: 14.02.2024
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/consumers/odr/.
FriendsFair is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Provider:
FriendsFair GmbH
Hauptstr. 151
10827 Berlin
