designspray.de is an online market place where members can buy and sell products and services autonomously. designspray.de is a project from the designspray GmbH, Bahnhofstraße 5, 96215 Lichtenfels, Germany (hereinafter „designspray“). By using the designspray.de web site you agree to be bound by the following terms and conditions (“User Agreement”).
§ 1 Scope of these Terms&Conditions
1. The Terms&Conditions cover the contractual relationship between designspray and members of designspray.de who use the services of designspray. For contracts formed between members of designspray.de these Terms&Conditions apply only to the accomplishment of contracts between members on the designspray.de online platform. The Terms&Conditions do not apply to any impairement of performance within the contractual relationship between members.
2. These Terms & Conditions come into effect when registering on designspray.de. By clicking on the „I Agree“ button you agree to be bound by these Terms & Conditions. You can recall your consent or cancel the contract between you and designspray in writing according to the regulations of § 4.5.
3. Our services are not available to, and may not be used by, persons under the age of 18 years.
§ 2 Purpose and Membership Eligibility
1. designspray.de is a market place where members can offer, sell and purchase goods and services in accordance with the items allowed at designspray (hereinafter referred to as the "Items"), unless offering, selling or purchasing them breaches legal provisions or these General Terms and Conditions. On designspray you can sell unique, hand-made, individualised and tailor-made products. designspray is mot limited in its product categories, anything is possible: jewelry, furniture, art, music, digital art, toys, Fashion, and so on. It is important that you have manufactured and/or designed the products or hold the licence rights to them, and that they are not mass productions or imported goods. We reserve the right to deleted products. We shall delete products which contradict the values of designspray or are in breach of the law. You shall be solely responsible that the distribution of the Items, which you buy or sell, is permissible on designspray and has not been banned by the legislator. The following list represents a guideline of generally banned Items. Banned Items: - Items subject to an embargo - Fireworks Articles - Mailing lists and personal information - Multi-level Marketing, Pyramid and Matrix systems - Stolen articles - Travel vouchers, airline and train tickets - Articles, whose promotion, supply or distribution may hurt copyrights and performance rights, property rights (eg trademarks, patents, models and designs) and other rights (eg the law on your own picture, name and personality rights). - Propaganda articles and article marks an unconstitutional organizations - pornographic and Minors Articles - weapons within the meaning of the Firearms Act, in particular shot, side arms and ammunition of any kind - radioactive substances, poisonous and explosive substances and other harmful chemicals - live animals products and preparations of protected species and protected plants and their preparations - human organs - securities (especially equities), money market or financial instruments, credit, loans and financial support - Promissory notes and titles, as well as other legal claims arising from legal transactions for purposes of collection - Articles, although their possession is lawful, but their use is prohibited - Drugs - Medical drugs - Medical devices, where their sale in accordance with statutory regulations is prohibited. designspray simply operates a technical platform for the trade in products. Here, designspray does not act on behalf of the vendor or purchaser and is therefore not involved in the purchase agreements concluded via the platform as a party nor as a representative or vicarious agent in any way. Only the vendor and purchase shall be parties to the purchase agreement. The purchase agreement shall be fulfilled by the members only. There is be no entitlement to the acceptance and processing of complaints against other members or mitigation in or arbitration in disputes between the these, unless the subject of complaint is the fulfilment of legal or contractual obligations of designspray.
2. The calling up of internet websites of designspray and the searching of products, shops and members is open to any user. For the usage of additional functions, e.g. the contacting of members, the saving of products and shops on the notepad, the assessment of products, the comment function as well as the offering, selling and purchasing of Items, previous registration as a member is required.
3. It is not allowed to offer Items whose offering, sale or purchase breaches legal provisions or is contra bonos mores. You may not provide, purchase or sell Items which designspray does not permit on its website. See §2.1
4. designspray markets the Items offered by its members in various measures, in particular by involving other websites, publishing in the media and advertising for offers in e-mails to our members.
5. The member shall release designspray from any claims which other members or other third parties may raise against designspray due to a breach of their rights by offers and contents placed on designspray.de by this member or by his other use of designspray.de. The member shall also bear the costs for the legal defence of designspray required, including all court costs and lawyer's fees. This shall not apply if the legal breach is not the responsibility of the member.
§ 3 Registration
1. No registration is required if you use designspray.de to search products, or members. Member registration is required for a variety of features, functions and services such as bookmarking products, shops and members, contacting other members, giving comments, product ratings, creating a shop, listing items, selling and buying items. Registration as a member is free of charge. We reserve the right to refuse service and registration to anyone for any reason at any time. When you register and agree to be bound to these Terms&Conditions a contract between designspray and you for the use of designspray.de is accomplished.
2. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to persons under the age of 18. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms&Conditions.
3. You declare yourself willing to provide true, accurate, up-to-date and complete information as specified in the course of registration and shop and profile generation, and to update this data as necessary. The registration of a legal entity may only be made by a private individual authorised to represent, whose name must be stated. During registration only individual persons may be stated as the owner of the member account.
4. During registration, the member shall select a user name and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User Name to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User Name or password. designspray shall not disclose the password to third parties.
5. A member account cannot be assigned.
6. We reserve the right to delete accounts that have not completed the registration process, e.g. unvalidated registrations.
§ 4 Suspension, recall and cancellation
1. Without limiting other remedies, we may take the following actions without notice to you if you breach these Terms&Conditions or legal regulations or if we believe that your actions may cause us or our members financial loss or legal liability: a) Remove and delete any of your item listings or other content provided by you at designspray.de b) issue a warning c) limit your use of designspray.de d) suspend or terminate your registration and refuse to provide our services to you.
When selecting the measure, designspray shall consider the valid interests of the member affected, in particular whether there are indications that the member was not responsible for the violation.
2. designspray reserves the right to irrevocably suspend your registration and to refuse services services to you without notice, if
a) The feedback you received contains repeatedly negative ratings or blocking to protect the interests of the other market members.
b) You provide false contact data, e.g. false or invalid email address, postal address, payment data
c) You transfer your account to a third party or any other person
d) If you damage other members or designspray or abuse services of designspray.de e) for any other important reason
3. designspray reserves the right to cancel this User Agreement at any time and for any reason with a notice period of 7 days.
4. Suspended members are not permitted to use designspray.de and to create a new member account.
5. You can cancel the User Agreement at any time in writing to designspray GmbH, Bahnhofstraße 5, 96215 Lichtenfels, Germany or to firstname.lastname@example.org. By terminating, the obligation to pay commission for such agreements which are concluded on the basis of advertising activities, fulfilled or commissioned before the termination shall not be affected.
§ 5 Listing and Selling
1. Registered members can place their products on designspray.de. The members are themselves responsible for Items they place and complying with all legal provisions. The placing of products and presentation of the personal profile on designspray is free of charge. When selling an Item, a commission on the price of sale in the amount of 5% shall become due. We shall not calculate commission on the sending costs.
2. The data requested from designspray, such as address details, vendor status, payment information, product description, etc. must be stated in full and correctly. The member undertakes to keep these details up to date at all times.
3. When placing an Item, the member shall make a binding offer to the interested party for the sale of this Item at a set price; the latter shall fulfil any conditions as may be stated additionally in this offer. The conclusion of an agreement on the purchase of the Item as soon as a member fulfils the conditions included in this offer and the clicks the Purchase button in his basket.
4. designspray reserves the right to introduce a function with which vendors and interested parties can negotiate prices: Interested parties can make the vendor the offer to purchase the price at the price stated. The vendor can agree or make the interested party an offer at a different price. An agreement is concluded when the vendor and the interested party agree on a price and no other member has purchased the Item at the price originally stated by the vendor.
5. The vendor must place his offer in the relevant category and fully and correctly describe his offer in words and images. Here, he must truthfully state all specifications and features relevant for the purchase decision. Furthermore, he must be fully informed on the details of payment, delivery and time of delivery. Private entrepreneurs providing goods or services to consumers undertake to provide them with the legally prescribed consumer protection information and to notify them of the legal withdrawal right, if such exists.
6. The description and the images used must not breach the rights of others and must refer to the offer entirely. Advertisements for goods not offered at designspray.de shall not be permissible.
7. Sales prices indicated need to be gross prices containing potential VAT and further charges. Shipping and delivery fees are not part of the sales price. As a seller you shall not charge designspray fees to the buyer.
8. designspray reserves the right to unlist and delete items if an item infringes legal regulations, these Terms & Conditions ort he principle and rules of designspray.de.
§6 Fees and billing
1. Becoming a member of designspray.de is free. designspray does not charge fees for setting up a personal profile or for buying items.
2. If a purchase is made on designspray.de designspray charges sales commission to the seller.
3. When selling an Item, a commission on the price of sale in the amount of 5% shall become due.
4. The commission is due for payment immediately and can be paid by credit card or direct debit. If the collection of the amount invoiced fails you are obligated to reimburse incremental costs to designspray.
5. We issue invoices in electronic format sent to your email address. The invoice amount shall also be specified in the personal administration area under Invoices. The member shall default without further reminder after a period of 30 days from the date of placing the invoice amount in the Invoice section.
6. designspray keeps your payment information to automatically invoice and charge the services used by you. The amount invoiced will be charged at the 10th of the following month. To make sure that the amount invoiced is correct the invoice is sent to you within the the first and 5th prior to charging. Please check the invoice and send us an email so that we can solve the problem and correct the invoice. If the invoice cannot be corrected in time you will receive a credit note in the following month.
7. If a buyer fails to fulfil his contractual obligations the seller will receive a credit note to reimburse fees and commission. They may have resulted from returns, complaints with subsequent credit or unpaid orders. The commission charged by designspray in excess can be marked by the vendor in the personal administration area on designspray so that it can be credited in the next invoice due. The vendor undertakes to handle these details truthfully. We reserve the right to verify your details by following up with your customers. In the event of deliberate false notification, you will be excluded from designspray and we reserve the right to press charges in respect of fraud. The member may only settle designspray commission with claims from non-provided credits and with due and/or future claims if these claims are legally established and uncontested.
8. Sellers are not allowed to bypass designspray’s fees and commissions.
§ 7 Buying
1. As a buyer, you have a legal obligation to complete a transaction with a seller if you purchase an item. The sale contract is formed when you click on the „Buy“ button in your shopping basket. After the purchase you will receive a confirmation email. You are obigated to complete the transaction with the seller within 7 days after confirmation of your purchase by the seller.
2. By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful.
3. Purchases are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a purchase has been made, a clear typographical error is made, or you cannot authenticate the seller's identity.
4. As buyer, you must ensure that you are legally able to buy any item that you purchase on the site
§ 8 Basic Terms
1. All activities of members while using designspray.de or any service provided by designspray shall be in accordance with legal regulations. Content provided by members on designspray.de shall not infringe legal regulations or these Terms& Conditions.
2. Your information and your activities must not:
a. be false, inaccurate or misleading; b. be offensive or menacing, abusive, defamatory; c. be obscene, indecent or contain child pornography; d. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; e. be fraudulent or involve the sale of counterfeit or stolen items; f. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising); g. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from designspray.de without the prior expressed written permission of designspray and the appropriate third party, as applicable h. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; i. link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms&Conditions; j. add a designspray employee or a designspray user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure; k. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; l. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of designspray.de is in any way impaired m. not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission
3. You must not list any item on designspray.de (or complete any transaction initiated using designspray.de) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law or our items policy.
4. To enable designspray to use your information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your Information, in any media now known or not currently known. You also waive all moral rights you have in your information to the fullest extent permitted by law. This non-personal information is used in accordance with the data protection declaration only.
§ 9 Privacy
§ 10 Liability & Warranty
1. designspray is not liable for contracts formed between members of designspray.de.
2. designspray is not liable for information on designspray.de provided by its members. We claim no intellectual property rights over the material provide by members of designspray.
3. You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms&Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
4. From the usage agreement with the members, designspray shall only be liable for intent and gross negligence for itself and all legal representatives, executive staff and vicarious agents. In the event of a breach of contractual obligations, default of the debtor or the impossibility to provide the service at the fault of designspray, designspray shall be liable for any wrongdoing. The liability shall be limited to foreseeable and typically direct losses.
5. The above disclaimers and limitations shall not apply in the event of assuming express guarantees by designspray and for losses from injury to life, body or health as well as in the event of mandatory legal provisions.
6. The links provided on designspray.de have been selected carefully. However, no responsibility can be assumed for the contents of the websites provided by link. We expressly distance ourselves from the content of the websites connected by link. If you are aware that one of the links provided on these pages refers to a website with illegal content, please immediately send us an e-mail to email@example.com so that the respective link can be removed.
7. designspray provides designspray.de in the form and functions as currently available. There shall be no entitlement to the provision of maintaining of certain functions. As regards the availability of the system, no guarantee shall be provided. It may be temporarily limited due to maintenance work or for other reasons in part or in full, e.g. regarding individual functions ("limited availability"). Any liability for limited availability - regardless of the type or cause - is excluded Inasmuch as the limited availability affects the conclusion of purchase agreements, for instance because an Item is not placed or a purchase agreement cannot be concluded, no claims against designspray shall arise.
§ 11 Assumption of the agreement by third parties
1. designspray is entitled to transfer its rights and duties from this agreement in full or part to a third party subject to a notice period of four weeks. In this case, the member shall be entitled to terminate the usage agreement after notification of the agreement assumption by e-mail to firstname.lastname@example.org.
§ 12 Written form, applicable law and jurisdiction
1. These General Terms and Conditions and the usage of the services shall be governed by German law with the exception of its conflict-of-laws provisions. For disputes from or in connection with the usage of services and/or these General Terms and Conditions, the court in Lichtenfels shall be responsible, inasmuch legally permissible, if you are a merchant or are not resident in Germany, have moved your residence or usual place of abode outside Germany after these General Terms and Conditions came into force or if your residence or usual place of abode is not known at the time of filing the claim.
2. Inasmuch as the member is a merchant in the sense of the Trade Code, a special asset of public law or a legal entity of public law, Lichtenfels shall be the sole jurisdiction for all disputes arising from this usage agreement and these General Terms and Conditions.
3. All declarations transmitted under the usage agreement to be concluded with designspray must be made in writing or by e-mail. The postal address of designspray is designspray GmbH, Bahnhofstrasse 5, 96215 Lichtenfels. The postal address and e-mail address of a member are those were specified in the member's membership account as the current contact details.
§ 13 Severability clause
If a provision of these General Terms and Conditions becomes ineffective, the other provisions shall not be affected by it. The ineffective provision shall be deemed replaced by one which comes as economically close to the sense and purpose of the ineffective provision in a legally effective form. The same shall apply for any legal gaps.
With these General Terms and Conditions and the clear regulations, we wish to anticipate any misunderstanding. However, in general, the following applies: an open, direct conversation resolves virtually any problem.