I. Eligible persons/registration
1. may register as a participant:
a) All natural persons of full legal capacity who are at least 18 years old.
b) Legal persons.
The prerequisite is proper registration with truthful provision of all requested information on the relevant registration form, in particular the provision of valid credit card information of a credit card recognised by Trendguide or a bank account with a bank in Germany or one of the other countries currently supported by our relevant standard functionality (which may be changed or discontinued at any time without notice from us).
There is no entitlement to participate.
Participants are obliged to provide truthful information when registering for Trendguide.info Marketplace and to notify Trendguide immediately of any changes to information requested during registration. Participants may not impersonate another person when registering or use a name they are not authorised to use. Participants authorise Trendguide to use any information requested at registration to verify the accuracy of such information (including updates thereto) and to obtain reports on their creditworthiness (including enquiries regarding spouses) from time to time and for as long as the Participant is registered with Trendguide.info Marketplace.
4. if untrue statements are made during registration or if a participant fails to report changes, the participant may be excluded from Trendguide with immediate effect. Trendguide reserves the right, at its sole discretion, to reject a registration at any time and to refuse to provide services within the framework of Trendguide.info Marketplace.
Participants are solely responsible for the security of their password. Passing it on to third parties is not permitted. The password may only be used to gain access to the Trendguide.info Marketplace platform and to use the services offered there. The participant is solely responsible for all actions carried out under his/her name. Should the password become known to unauthorised persons, the participant is required to change his/her password immediately.
II General principles/guidelines
When using the Trendguide.info Marketplace platform in any way, the Participant agrees to accept and comply with the rules set out in these Terms of Participation and all terms and guidelines on the Help pages. Conditions and guidelines on the help pages may be changed from time to time. The Participant should therefore regularly visit the help pages and check them for current changes.
III. trend guides role
(1) Buyers authorise Trendguide to act only as a limited agent to enter into sales contracts directly between Buyers and Sellers on their behalf for the sale of products on the Advertising Platform. If Trendguide does not act as a seller, no sales contracts are concluded between Trendguide and the respective buyer. A sales contract can only be concluded between the seller and the buyer. Trendguide does not mediate in disputes between the parties or in the enforcement of the fulfilment of these agreements. Furthermore, Trendguide is not an auctioneer. Since Trendguide is neither the seller nor the buyer of the products, Trendguide will not be involved in the enforcement of the contract. Trendguide encourages Buyers and Sellers to cooperate and work together to resolve any disputes arising from a Trendguide.info Marketplace transaction. The Seller will resolve any disputes directly with the Buyer in accordance with these Terms of Participation.
2. no rights or claims arise from these conditions of participation for persons who are not involved in the legal relationship established herein.
IV. Data protection
In the absence of express permission, Participants undertake not to use in any form whatsoever any of the data of other Participants which can be viewed on the Website or of which they have become aware through the use of the Trendguide.info Marketplace platform, unless such use is for the purpose of initiating and concluding transactions. In particular, it is prohibited to use such information for advertising, unsolicited e-mails, other unsolicited contact or for other improper purposes.
V. Disclosure of information
Trendguide reserves the right to report the data of the respective participant (e.g. participant contact data, IP address and surfing information and published content) to the contractual partner, other third parties or the competent investigating authorities in the event of suspicion of a criminal offence. Trendguide has the same rights in the case of offers that are not faultless, (e.g. with regard to book price fixing) inaccurate listings or inaccurate categorisation of an item or offers that cannot be offered under this contract or any other suspicion of misuse of the Trendguide.info Marketplace platform.
VI. Immediate exclusion of participants/blocking of content
In the event of a breach of the terms and conditions of participation, Trendguide shall be entitled to immediately block individual content or participants or to modify content or take other appropriate countermeasures. Such measures may include warnings, suspension or termination of participation in Trendguide.info Marketplace, denial of access to the Site and/or removal of any material on the Site.
VII No warranty
Trendguide does not guarantee that the site and the Trendguide.info Marketplace platform will be available at all times. Trendguide also assumes no responsibility for the accuracy of the information provided by participants regarding the object of purchase.
In the event of a slightly negligent breach of an obligation, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation), Trendguide shall only be liable for foreseeable damage, the occurrence of which could typically be expected. Liability is also limited to the amount of the purchase price of a fixed-price sale, but not more than EUR 12,500. Otherwise, liability for slight negligence is excluded.
Trendguide shall be liable without limitation for intent and gross negligence on the part of its legal representatives and executive employees in the event of personal injury, claims under §§ 1, 4 of the Product Liability Act or claims for damages due to non-performance under §§ 434, 440 No. 3, 280, 281, 283 of the German Civil Code.
Trendguide is only liable for the loss of data and/or programmes to the extent of the expenditure incurred if the customer has carried out regular and application-adequate data backups and has thereby ensured that lost data can be restored with reasonable effort.
The participants undertake to indemnify Trendguide against any liability if disagreements arise between two or more participants in connection with a transaction that has been carried out or is planned. Participants indemnify Trendguide against claims by third parties based on intellectual property rights to content which participants transmit to Trendguide as part of the online offer. This applies in particular to all texts, images, image sequences and trademarks which sellers use in the context of their offer.
X. Copyright, licence, rights of use
Participants grant Trendguide a royalty-free, unlimited, comprehensive right of use, in particular to reproduce, distribute, edit all works or parts of works as well as databases or any other catalogue or product information that participants transmit to Trendguide as part of Trendguide's online offer (with the exception of any company logo, trademark or other similar branding),including the right to publish this content in print media, online, on CD-ROM etc., also for advertising purposes.
XI. Termination of the Services
Trendguide may, in its sole and absolute discretion, terminate these Terms and Conditions of Participation, access to the Site or the Trendguide.info Marketplace platform or a fixed-price sale at any time without prior notice and without stating reasons. In particular, Trendguide is entitled to exclude individual participants from Trendguide.info Marketplace.
XII. Participation of Trendguide
Both Trendguide and Trendguide employees as private individuals may act as participants. The same rules apply to them as to all other participants.
Declarations in connection with the seller's status will be delivered to the e-mail address that the seller provided during registration.
Declarations to Trendguide can be sent to the following address:
trendguide media gmbh+co kg
A 6365 Kirchberg
XIV Amendment of the Conditions of Participation
Trendguide will notify changes to the conditions of participation on the Trendguide.info Marketplace platform pages or by e-mail. If the participant does not object to the amendment within two weeks of receipt of the notification of the amendment, the amended terms and conditions will apply. If a participant objects to the change in the conditions of participation, Trendguide is entitled to terminate the participant's participation.
XV. Final provisions
The relationship between Trendguide and Participants shall be governed by Austrian law, excluding the Convention on Contracts for the International Sale of Goods, and the courts in Austria shall have non-exclusive national and international jurisdiction. Austrian law shall apply to the relationship between the Participants, unless the Participants have agreed otherwise in individual cases.
Should any provision in these Conditions of Participation or any provision within the scope of other agreements be or become invalid, this shall not affect the validity of the other provisions or agreements.
B. Special conditions for sellers
I. The role of the seller
1. the seller decides which products to offer on the trendguide.info Marketplace platform and under what conditions. Items offered in Trendguide.info Marketplace must already be in the possession of the seller at the time of listing. It is not permitted to acquire the items from another seller, be it a Trendguide.info Marketplace seller or a Trendguide company, until the item has been sold.
In order to register as a seller for the Trendguide.info Marketplace platform, the participant must be a natural person or a legal entity duly established and existing under the laws applicable to the registered office of the Company.
You determine the price of each item you offer or sell. However, to the extent that they offer or sell your items on or through this website, they are obliged not to do so at a higher price than you charge customers in or through any other non-physical channel of distribution (as defined in section 1.4.). Please note that there are exceptions to price parity. Accordingly, you shall maintain parity between the terms on which you offer or sell each item on or through the Website and the terms on which you offer or sell such item in or through any non-physical channel of distribution as follows:
1.1 Price Conditions. You shall ensure the following: The total price of each item you offer or sell on or through the Website shall not be higher than the lowest total price for that item you offer or sell in or through a non-physical distribution channel.
1.2 Customer service and other non-price terms. You will ensure that the value and extent of the customer service you provide and any other non-price terms on which you offer or sell an item on any other website (e.g. terms in the returns and refunds policy) to Trendguide Marketplace customers is at least equal to the best possible standard you offer in or through any non-physical distribution channel for that item.
1.3 Content and Other Information. You will ensure that all content and other information you provide to us in relation to any item offered or sold by you on or through the Website is of at least the same quality, completeness and accuracy as the best possible standard you would display or use in a non-physical distribution channel for that item.
1.4 Assumptions and definitions.
"Total Price" means the total amount payable by the Customer for the Item, including, without limitation, Item price, shipping and handling charges, any "low price" guarantees, discounts, rebates or other promotional offers, and any free or discounted products, services or other benefits provided with the purchase of the Item, but excluding taxes.
"Unit Price" means the price of a Product per se, exclusive of Taxes and any free or discounted Products, services or other benefits provided with the purchase of the Item.
"Non-physical Distribution Channels" means all distribution channels and other channels (other than physical retail shops) through which you or your Affiliates offer or sell Products, including, but not limited to, online distribution channels, mobile device applications, catalogues, third-party platforms or marketplaces and other electronic-enabled distribution channels.
1.5 Failure to comply with parity obligations. If you become aware of a failure to comply with any of the requirements in this section 1.1, you will promptly compensate customers adversely affected by such failure by making appropriate refunds.
2. obligations of the seller
The seller is obliged to send and transfer the object of purchase to the buyer after the conclusion of a purchase contract. When stating the purchase price, he shall calculate the shipping costs as specified by Trendguide. The seller is aware that in case of non-fulfilment of this obligation, the respective conduct may lead to legal prosecution.
For all goods offered by the Seller on the Trendguide.info Marketplace platform, the Seller will specify the country from which the respective goods will be shipped.
3. sales tax and other taxes on products and/or services of the seller
The seller is obliged to determine whether taxes, in particular value added tax, duties, import and export duties and any other duties, are payable on the products or services offered by him and to calculate and duly pay these. In addition, the seller is obliged to state the price of the product or service offered including value added tax or any other levies, import, export or any other duties which the buyer may have to pay or to draw the buyer's attention to the fact that he may have to pay value added tax and other levies, import, export or any other duties. Trendguide shall have no obligation to determine whether any value added tax or other taxes are due on the sale of products or services between Seller and Buyer or to collect, remit or disclose any such taxes.
(4) The seller warrants that it is entitled to sell the items offered, that there are no third party rights to these items that could prevent the sale and that the products are safe and, in particular, comply with all safety marking and labelling requirements (e.g. CE mark) and do not violate any other legal provisions (e.g. the Fixed Book Price Act). The seller is obliged to comply with any sales restrictions, in particular age restrictions. The seller is obliged to carry out age verification where this is required.
(5) If the seller is acting commercially, the buyer has the following right of withdrawal, unless the buyer and the seller agree otherwise:
Cancellation policy - Right of withdrawal
The buyer may revoke his contractual declaration within 14 days without stating reasons in text form (e.g. letter, fax, e-mail) or - if the item is handed over to him before the deadline - also by returning the item. The period begins after receipt of these instructions in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before the seller has fulfilled his duties to inform according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as his duties according to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be addressed to the seller.
Consequences of revocation
In the event of an effective revocation, the performances received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the buyer is unable to return or surrender to the seller the received performance and benefits (e.g. advantages of use), or is only able to do so in part or in a deteriorated condition, the buyer must compensate the seller for the loss of value. The buyer only has to pay compensation for the deterioration of the item and for benefits derived if the benefits or the deterioration is due to the handling of the item which goes beyond the examination of the characteristics and the mode of operation. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop, for example.
Items that can be sent by parcel post are to be returned at the expense and risk of the seller. Items that cannot be sent by parcel post will be collected from the buyer. Obligations to refund payments must be fulfilled within 30 days. For the buyer, the period begins with the dispatch of his declaration of revocation or the item, for the seller with its receipt.
End of the cancellation policy
II. Prohibition of Links to Websites Not Belonging to the Trendguide.info Marketplace Platform
Sellers are not permitted to include links in text form, as graphics or in any other form as part of their offers on the trendguide.info Marketplace platform, unless such a link leads directly to another page on the trendguide.info Marketplace platform. However, such links may not be used to display advertising or other content (in particular audio/video or graphic content).
Unless expressly permitted by Trendguide in advance and in writing, sellers are further not entitled to,
(a) sell or otherwise disclose to third parties (other than companies affiliated with the seller) any data obtained in the course of a transaction on the Trendguide.info Marketplace platform or the use of Trendguide.info Marketplace (including, without limitation, data relating to the identity of a Trendguide customer or buyer or data relating to the transaction itself), or allow third parties to access such data;
(b) send non-electronic direct marketing materials to any user of the Trendguide.info Marketplace platform or purchaser;
(c) send electronic messages to any user of the Trendguide.info Marketplace Platform or Buyer, except to the extent necessary to process a transaction with a Buyer or to respond to an enquiry from a customer of such transaction;
(d) to use a URL address or parts thereof on the Trendguide.info Marketplace Platform or in any correspondence with customers or other users of the Trendguide.info Marketplace Platform; in particular, to use designations containing "www.", ".com" ".de" or comparable URL designations or paraphrases thereof;
(e) settle any communication between the Seller and a user of the Trendguide.info Marketplace Platform or a Buyer, in particular in the case of an order (including communication on the packaging material or enclosures, invoices or other items sent with the shipment), order confirmation and/or other communication in connection with the execution of an order:
(i) a third party offer or reference to a third party offer;
(ii) a link to a website with the exception of links within the Trendguide.info Marketplace Platform and with the exception of such links that the Seller sends to a Buyer to complete a transaction or to claim and perform customer service for an item purchased from the Seller;
(iii) any other references to URL addresses and domains;
(f) send unsolicited marketing materials (in any known form, including but not limited to e-mails, other electronic forms of communication and non-electronic forms) to any user of the Trendguide.info Marketplace Platform or Buyer.
III Trendguide Marketplace Platform
The Trendguide.info Marketplace platform is made available to participants by Trendguide. Trendguide will in no case become a contractual partner to the contracts concluded between the participants.
IV. Contract execution
The purchase contract is concluded between the buyer and the seller.
Trendguide notifies the seller of an order and provides the seller with the transaction data required to process the contract (e.g. delivery address). The Seller is obliged to send the item to the recipient within two working days of receiving the order confirmation from Trendguide. Seller will provide Trendguide with information regarding shipment, tracking (to the extent possible) and order status in accordance with current requirements. Trendguide may provide this information to Buyer. Seller will not send Buyer any emails confirming shipment of Products sold (except that Trendguide will not trigger payment until shipment of Products has been confirmed by Seller to Trendguide). Immediately upon shipment of a Buyer's order (or portion of such order), Seller will notify Trendguide by email of the shipment of the order (and, in the case of an order being fulfilled in more than one shipment, which portion of the order has been shipped). If the Seller fails to confirm shipment within the time period we provide for this purpose (e.g. 30 days after the date of receipt of the order), Trendguide may, at its sole discretion, cancel the order (or require the Seller to stop and/or cancel the order). The Seller will stop and/or cancel the relevant order upon notification by Trendguide. Seller will comply with any instructions from the manufacturer, distributor and/or licensor of a Product as to the date of sale (which means the date, if applicable, specified by the manufacturer, distributor and/or licensor as the date before which the Product is not to be shipped or otherwise made available to purchasers) or the date of publication (which means the date, if applicable, specified by the manufacturer, distributor and/or licensor as the date before which certain information relating to the Product (e.g. the title of a book) is not to be released to the public). The Seller shall make a full refund to the Buyer if the Buyer is forgiven payment due to non-delivery. The Seller shall make the refund promptly, but in no event later than thirty (30) days after confirmation of the order or three (3) calendar days after the date specified on the Site at the time of the order.
Disputes related to the purchase are settled between the participants without Trendguide intervening. Trendguide encourages the buyer and seller to cooperate and work together to find a solution in the event of a dispute. Trendguide is not obligated to mediate disputes between the parties or enforce performance of these agreements.
V. Payment, reimbursements and reserve
1. buyer shall pay the purchase price for a product through Trendguide.info Marketplace by issuing a direct debit authorisation or by any credit card recognised by Trendguide. Sellers will not contact Buyers outside of the Site for billing purposes, and all refunds requested by Sellers, other refunds, and any other amounts related to sales on Trendguide.info Marketplace will be resolved directly with Trendguide.
Payments of all refunds, as well as other refunds initiated by Seller in connection with transactions on the Marketplace Platform, will be made by Trendguide (where possible, to the same method of payment originally used by Customer to purchase the Product) and Seller will reimburse Trendguide for all such amounts paid.
2. the amount due and payable to Seller from time to time under these Terms and Conditions shall be the total amount paid by Buyers for Seller's Products that has accumulated since the last payment to Seller, less (i) fees payable to Trendguide pursuant to Section B. VII. to Trendguide, (ii) any refunds and other reimbursements to Buyers pursuant to Section V.3. and (iii) any additional amount maintained by Seller as a reserve. The amount due for disbursement will be transferred in accordance with Section V.4. on Business Days (Monday to Friday, excluding public holidays) during normal business hours to the bank account designated by the Seller for this purpose ("Seller's Bank Account") at a bank in Germany or one of the other countries currently supported by our relevant standard functionality (which may be changed or discontinued at any time without notice from us). From time to time, payment to the Seller may also be made by sending a cheque to the Seller's postal address, for example, if the Seller's bank does not accept the transfer to the Seller's bank account.
3. a payment made by a Buyer in respect of a particular Seller's Product shall not become due for payment (or if payment has already been made, it shall be returned to Trendguide) and Trendguide shall not be liable to the Seller for payment of that amount if:
(a) Trendguide, in its sole discretion, (i) determines that Seller has failed to promptly deliver the Product in accordance with Section B.IV. or that Seller has otherwise violated the provisions of these Terms of Participation, and Trendguide therefore initiates a refund to Buyer, (ii) prevents the transaction from being completed or payment from being made because a limit set as a safeguard is exceeded, or (iii) allows a Buyer to withdraw from a transaction because payment processing through Trendguide.info Marketplace has not been possible after a transaction has commenced;
(b) Trendguide discovers that the payment is incorrect or that the payment is a duplicate of a duplicate transaction;
(c) the payment is subject to a chargeback by the credit card company or the seller's bank.
In the event that a refund is required by Seller pursuant to the provisions of this Section, Trendguide may, without separate notice to Seller, effect the refund (i) by deducting the amount from amounts that would be payable to Seller in the future pursuant to Section B.V.4, (ii) by charging back Seller's bank account, (iii) by charging back Seller's credit card, or (iv) by recourse to Seller through other means.
In the event Trendguide elects not to charge back to Seller a chargeback to Buyer, a failed payment, or any other type of payment chargeback (a "Default"), Trendguide will assume the claim associated with the Default and Seller hereby irrevocably assigns to Trendguide all claims, rights, title and interest with respect to such claim.
4. trendguide bears the risk of credit card fraud (i.e., fraudulent purchase transactions due to theft and unauthorised use of a third party's credit card information) in connection with an authorised credit card payment by Buyer, and Seller bears all other risks of fraud and loss; provided, however, that this shall not apply to the risk of credit card fraud in connection with Seller's products (other than shipping by trendguide products) that are not processed strictly in accordance with the ordering and shipping information provided to Seller by trendguide.
VI. Exclusion of participants; security measures
Notwithstanding the provision in B.V.4, Trendguide shall have the right to limit the ability of transactions to occur in terms of amount or frequency for any or all Participants. Trendguide shall not be liable to the Seller if a transaction, refund or reimbursement of other amounts is not executed because it would exceed a limit set as a security measure or if a Buyer is allowed to withdraw its offer to conclude a purchase contract because payment processing via Trendguide.info Marketplace was not available due to a malfunction for the transaction.
If Trendguide reasonably concludes, based on information available to Trendguide, that Seller's actions and/or performance in connection with this Agreement may result in disputes, recoveries or other claims, Trendguide shall have the right, notwithstanding any other provision of this Agreement, at its sole discretion, suspend the disbursement of proceeds and withhold any payments due or otherwise payable to Seller under this Agreement either (y) for a period of ninety (90) days after the first day of suspension of payments or (z) pending the completion of an investigation into Seller's actions and/or performance. (z) until the completion of an investigation into the Seller's actions and/or performance of this Agreement, whichever is the earlier. Notwithstanding anything to the contrary in these Terms, Trendguide shall have the right to refuse any payment to the Seller and either deposit the available balance into escrow or refund the amount to the Buyer if, in its reasonable discretion, there has been a breach by the Seller of this Condition of Participation. Trendguide shall not be liable in such cases.
The sales charge is 10% of the sales price. This is an integral part of these conditions of participation.Trendguide may, at its sole discretion, waive or reduce fees for certain transactions or determine that they be reversed.
The applicable fee is exclusive of VAT, if any, and is due immediately and payable by credit card or direct debit.
Insofar as the seller fees are subject to VAT, Trendguide reserves the right to charge VAT on these fees. Insofar as the seller maintains a company which has its registered office in a country of the European Union (with the exception of Austria) and has provided Trendguide with a valid value added tax identification number (VAT ID) of a member state of the European Union, no value added tax will generally be charged on the seller fees. The same applies in the event that the seller is a person established in the European Union and carries out an economic activity there, but does not have a VAT ID from one of the member states of the European Union. In such a case, Trendguide can also provide other proof that it is engaged in an economic activity. Sufficient proof of an economic activity is (i) a copy of the last income tax return or (ii) a document issued by a public authority or other public body confirming the economic activity of the seller.
Insofar as the Seller operates a business within the European Union and Trendguide designates a valid VAT ID of a member state of the European Union or has provided proof of economic activity, the Seller declares its consent to receive electronic VAT invoices in the format and transmission form chosen by Trendguide.
If the Seller is a company which has its place of business in Switzerland or Liechtenstein and Trendguide has been notified of a valid VAT identification number, the Seller agrees to receive invoices for VAT electronically and in a format and transmission method specified by Trendguide.
For sellers who operate their business outside the European Union, the fees are generally not subject to VAT if the following conditions are met: You provide Trendguide with sufficient evidence that you operate your business outside the European Union. You represent and warrant that the Marketplace Services will be received from the business operated outside the European Union.
Trendguide reserves the right to request additional information in order to verify the validity of the information deposited in the contract by means of official information - to the extent permitted. You agree to provide such additional information upon request.
Trendguide also reserves the right to recharge any unbilled sales tax if the information regarding the location of the business is found to be incorrect. You irrevocably consent to unbilled sales tax being charged to your credit card or bank account.
If the debt collection fails, the participant must reimburse Trendguide for any additional costs incurred as a result. By listing an item on the Site, Trendguide is authorised to charge the credit card or bank account specified with the fees due.
Trendguide is entitled to retain interest arising from the time difference between the payment by the Buyer and the debiting of the account for the crediting of the credit to the account of the Seller.
VIII Liability of the seller for damages
Trendguide reserves the right to seek a refund from the Seller if Trendguide decides, in its reasonable discretion, to compensate a Buyer or to provide a refund to the Buyer, for example, if the Seller fails to deliver the item on time or properly, discovers erroneous or duplicate transactions, or a debit fails for reasons within the Participant's control.
IX. Termination of participation
The Seller may terminate its participation in Trendguide.info Marketplace at any time by notifying Trendguide. Similarly, Trendguide is entitled to terminate a Seller's membership at any time by notice without cause. Upon termination of membership, all rights and obligations under these Terms of Participation shall terminate, except for rights and obligations that must remain in place in order to process orders placed or received prior to termination (including fees incurred under B.VII. and claims under B.II.). Upon termination of membership, all fees incurred to date shall become immediately due and payable. The seller's status with Trendguide also ends with the termination.
C. Special conditions for buyers
I. The role of the buyer
The Buyer may purchase any item offered by a Seller. Trendguide notifies the buyer of an order received. The purchase price will be debited from the credit card or bank account via Trendguide.info Marketplace. In the event that the buyer purchases products from sellers outside the European Union, he/she must inform himself/herself about any duties (including VAT), import and export duties and any other customs duties he/she may have to pay. Trendguide accepts no liability in this respect.