General Terms of Use
Seller Conditions

DaWanda – General Terms of Use



DaWanda
GmbH,
Windscheidstraße 18,
D-10627 Berlin
represented by its Managing Directors: Claudia Helming and Niels Nüssler,

(hereinafter referred to as "DaWanda")

operates an online marketplace on the internet platform dawanda.com for unique and handmade articles (hereinafter "online marketplace" or "marketplace"). People with a passion for unique, lovingly made, creative articles come together here. Registered members can purchase these articles as a buyer and/or offer their own creations for sale as a seller through shops they independently operate.


I. Scope, online marketplace
1. These Terms of Use govern the user agreement with DaWanda as well as the use of the online marketplace, regardless of whether this occurs via the browser or the DaWanda app. In addition, special conditions can apply for particular situations in the contractual relationship.

2. In addition to the Terms of Use, DaWanda maintains its DaWanda Guidelines which apply to the use of the online marketplace. DaWanda explains the nature, scope and purpose of use of users' personal data in the DaWanda Privacy Policy The user has the option to agree to this.

3. In the event that an agreement is concluded between buyers and sellers in the online marketplace, DaWanda is categorically not a contracting party. This does not apply when DaWanda expressly acts in a DaWanda Shop as a seller. In this case, the separate Terms and Conditions and respective cancellation policy apply.

4. Marketplace availability is not guaranteed. Maintenance performed on the online marketplace may have an impact on its availability. When possible, maintenance work will be carried out so minimal inconvenience is caused to members. Routine or planned maintenance work will be carried out at times of low use and with sufficient notice if it is to be of significant duration. In addition, it may be necessary to carry out maintenance work without notice, for instance in cases of unforeseeable events. The same applies to performance or other tests in connection with the further development and improvement of the online marketplace.

II. Registration as a member
1. It is generally free to visit and view the online marketplace, all offer pages, shops, profiles, and install the DaWanda app without registration. Member registration is required for any other functions, particularly, the acquisition of articles.

2. By registering and agreeing to the Terms of Use and Privacy Policy, natural and legal persons may become members at DaWanda. Natural persons must be of legal age. There is no automatic entitlement to membership at DaWanda. Registration of a legal person may only be done by an authorised natural person who must be named. In the event that a community of people can only be effectively represented by several other people, the person acting through DaWanda as a representative for the legal person community must be duly authorised for this purpose.

3. When registering, the member selects a username and password. The password must be kept secret and be sufficiently complex. There is no entitlement to a specific member name or a specific password.
4. After completing the registration process by filling in the registration template and pressing the appropriate confirmation button, DaWanda sends a message to the e-mail address given by the applicant in the course of the registration process. The agreement with DaWanda is only concluded once the applicant accesses the Internet address (link) specified in this e-mail. Input errors can be corrected by the member at any time before saving.
5. After successfully registering, a member profile is created under the selected member name. The user can correct and/or change the data entered within this profile themselves at any time. Members are obliged to always keep their registration data correct and up-to-date without being prompted to do so. Changes of first and last name can only be made via DaWanda customer services.
6. The member account registered in this way is defined as a "buyer profile" and allows the member to make and manage purchases, but not performs sales or open a shop on Dawanda. In order to also act as a seller in the marketplace, a separate "shop opening" is required within the profile.
7. After completion of the registration process, DaWanda stores the Terms of Use agreed with the member and sends it to the member in the contract confirmation sent by e-mail. It is recommended to keep a permanent copy of this e-mail.
8. Member accounts are generally non-transferable and may only be used by the member personally.
9. DaWanda endeavours to accurately determine the identity of its members, yet cannot rule out the possibility that some members may use a false identity.
III. Cancellation policy for users

WITHDRAWAL NOTIFICATION
Users have the following right of withdrawal:

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating any reason.
The withdrawal period is 14 days from the date the contract is concluded.
To exercise your right of withdrawal, you must inform us (DaWanda GmbH, Windscheidstraße 18, D-10627 Berlin, e-mail: [email protected], Fax:+49 (0)30-257608 52, Tel.: +49 (0)1805-3292632) making a clear statement (e.g. by letter sent by post, fax or e-mail) of your decision to withdraw from the contract. You may use the withdrawal form template for this purpose, but this is not compulsory.
In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired. Consequences of withdrawal: If you withdraw from this contract, we will refund all payments we received from you, including delivery costs (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notice of withdrawal from this contract. The repayment will be made using the same payment method as used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. If you have already asked for service to begin during the withdrawal period, you shall pay a reasonable amount, proportionate to the service already provided up to the date on which you notified us that you were exercising your right to withdraw from this agreement, compared to the full scope of services provided for in the contract.
Important note:
The right of withdrawal is forfeited in supply of services contracts when the trader has fully provided said service and/or has begun to provide said service after obtaining the express consent from users to do so before the expiry of the period for withdrawal, wherein the user acknowledges that by so doing they are waiving their right of withdrawal.

Rights of termination remain unaffected.
IV. Conclusion of contracts between members
1. Articles being made available in the marketplace constitute a binding offer to conclude a contract on the part of the respective seller. The contract is concluded when a buyer has gone through each step of the ordering process and has finished by pressing the "agreement to pay for the order you are placing" button.

2. Thereafter, the buyer receives an automated, system-generated confirmation e-mail from DaWanda. The buyer is obliged to pay the total price within seven (7) days of receipt of confirmation of the sale, unless the parties to the purchase agree to different arrangements.

3. DaWanda is not involved in the conclusion of agreements between members and does not provide any guarantees on the condition of goods and services offered by members. The providers of goods and services are solely responsible for the description of the goods they offer.

V. Costs
Registration and membership as a buyer are free. DaWanda only charges sellers' costs in the form of fees, commission, or other remuneration.

VI. Obligations of Members
1. Members are permitted to use the online marketplace only for lawful purposes, whilst observing good etiquette and the rules that DaWanda has set for its proper use. Additionally, members are fully responsible for their own content.

2. Members are obliged to keep the password to their profile secret at all times and also to inform DaWanda immediately as soon as there is suspicion of wrongful use of the member's account by an unauthorised party.
3. Furthermore, any address, e-mail address, and other contact information which a member obtains in the context of marketplace use may not be used or distributed for any other purpose.
4. Only truthful and factual statements which do not include any defamatory content may be made when evaluating the order process. Inappropriate use of the evaluation system is strictly prohibited.
5. Members are prohibited from using malicious technologies that may harm the online marketplace, or bring about an excessive burden on the marketplace, it’s members or third parties. Members are prohibited from publishing content which may compromise the integrity, stability or availability of the marketplace.
6. We point out that content on the online marketplace is in principle available worldwide and therefore the legal requirements of other countries must be respected.
VII. Sanctions and other measures in case of violation
1. As soon as DaWanda has firm evidence of a member's breach of legal regulations, third party rights, these Terms of Use, the DaWanda Guidelines or other legitimate interests of DaWanda (hereinafter "suspected abuse"), DaWanda reserves the right to take action against this member. In these situations, DaWanda considers the operational requirements of the marketplace and its own liability risks, as well as the legitimate interests both of any claimant and the member when making a decision. Until the suspected abuse has been completely removed, DaWanda may among other things:


DaWanda expressly reserves the right to take additional measures. This is without prejudice to DaWanda's right to resort to legal remedies relating to misuse.

2. After becoming aware of suspected abuse, DaWanda will always inform the member about the suspicion and, depending on the individual case, allow reasonable time for the member to respond.

VIII. Indemnity against liability
The member indemnifies DaWanda from any claims which third parties (other members or other third parties) might assert against DaWanda due to alleged rights infringement or breach of duty of the member, unless the member is not responsible for the breach of duty. This especially covers listing articles/posting content unlawfully or contrary to contract. Reasonable legal costs (especially lawyers' fees) which DaWanda has demonstrably incurred as a result of the member's misconduct must also be reimbursed. In the event of any such judicial or extrajudicial dispute, the member is obliged to provide all necessary information to DaWanda and to provide documents and other available material that may be necessary for the defence.


IX. Runtime; termination
The user agreement is of an indefinite duration and may be terminated at any time with a notice period of seven (7) days by either the member or DaWanda. Termination by the member shall be by written statement to DaWanda, an e-mail to [email protected] or through the "edit profile" link in the profile menu.
The right of extraordinary termination remains unaffected. DaWanda is entitled to take provisional measures in accordance with paragraph VII during the period of notice.

X. Rights of Use
1. The member grants DaWanda all necessary rights to their content on the online marketplace for the purposes of fulfilling the agreement. This especially covers the right to reproduce, distribute, make available to the public or edit a member's content for the purpose of providing the services. Depending on the uploaded content, all the member's content can be used, even after termination of the membership (e.g. expiring offers, posts in the forum).

2. Furthermore, the member grants DaWanda the right to use the member's content in online marketplace advertising or individual offers, including for internet advertising (including affiliate advertising, eCards, etc.), print advertising and/or TV commercials. DaWanda is entitled to reproduce the member's content for that purpose, to distribute it, make it publicly available, adapt or broadcast it, and/or to make visualisations available to the public. This right to advertise ends when membership of the member in question is terminated. However, DaWanda has the right at this point to use already produced or existing advertising media for a transitional period of at least 6 months.

3. The rights granted under points 1 and 2 are granted by the member to DaWanda as simple, geographically unlimited and free rights of use. The rights granted under points 1 and 2 above may be assigned and sub-licensed by DaWanda to third parties if there are no overriding legitimate interests of the member.

XI. Limitation of liability
1. The following provisions for limitation of DaWanda's liability apply to all claims for damages and liability cases, regardless of the legal grounds on which they are based, except for:

a) claims of the member for damage resulting from loss of life, physical injury and damage to health,

b) the rights and claims of the member in case of fraudulent concealment of defects by DaWanda or due to absence of a feature for which DaWanda provided a guarantee,

c) rights and claims of the member based on wilful or grossly negligent behaviour on the part of DaWanda, its legal representatives, or agents

d) claims of the member according to the Product Liability Act.

The aforementioned exceptions will only be subject to statutory provisions.

2. DaWanda is liable for damage caused by simple negligence only where material obligations have been breached (major obligations), i.e. obligations whose fulfilment is essential for the achievement of the purpose of the agreement or whose fulfilment can normally be expected by the contracting partner. In the case of a breach of major obligations, DaWanda's liability is limited to compensation for losses reasonably foreseeable by DaWanda at the time of conclusion of the agreement. Otherwise, DaWanda's liability for losses caused by simple negligence is excluded.

3. DaWanda is not liable for non-availability of the online marketplace. No claims can be made against DaWanda where this non-availability affects purchase agreements, for example because an item cannot be listed or a purchase agreement cannot be concluded. Likewise, any strict liability by DaWanda due to initial defects is excluded.

4. DaWanda is not liable for the execution of contracts between members.

XII. Transfer of contract to third parties
Under this user agreement, DaWanda is entitled, upon giving four (4) weeks’ notice, to assign its rights and obligations in whole or in part to a third party. In such a case, the member is entitled to terminate the user agreement within three weeks of receiving the notification giving four (4) working days’ notice.

XIII. Amendments to the General Terms of Use
DaWanda reserves the right to alter these Terms of Use at any time and to make the use of the online marketplace subject to new or additional contractual terms. The revised terms will be sent to the member by e-mail, with reasonable advance notice prior to the effective date. These take effect on the effective date if the member has not expressly disputed them before this date. As part of notifying the revised terms, DaWanda will separately specifically inform the member of their option to dispute them and the consequences of inaction. In the event that the member disputes them, DaWanda may terminate the user relationship.

XIV Final provisions; applicable law; jurisdiction
1. The effective contract language is English. Correspondence between DaWanda and members will be conducted in English. Any translations of these Terms of Use made available on the marketplace shall not be binding; the German version alone is definitive.

2. DaWanda has unrestricted digital domiciliary rights as operator of the marketplace.

3. DaWanda may use third parties as agents to fulfil the contract. Claims against DaWanda may be wholly or partially transferred to such third parties.

4. German law applies in respect of all legal disputes arising in connection with the user agreement, under exclusion of the UN Sales Convention – Contracts for the International Sale of Goods (CISG). Mandatory provisions of laws of the place where the customer has their habitual residence remain unaffected.

5. Exclusive jurisdiction is the official domicile of DaWanda where the customer is a merchant, legal entity under public law, or public law special fund. This also applies if the member has no general jurisdiction in Germany, the member moves their domicile or habitual residence from Germany or the domicile or habitual residence is not known.

End of General Terms of Use
As of October 2016




DaWanda – Seller Conditions



I. Scope
1. These Seller Conditions apply in addition to, and in case of disputes have priority over, the "General Terms of Use" already agreed upon between the parties. In other cases the "General Terms of Use" shall continue to apply

2. These local conditions govern the extended contractual relationship between DaWanda and the member registered as a seller (hereinafter "seller").

II. Becoming a seller on DaWanda
1. The facility to list articles or services is exclusively reserved for members who have agreed to the Terms of Use, as well as the current seller conditions.

2. In order to appear on the online marketplace as a seller, the member must log into their own member account with the credentials chosen during registration, then complete the shop registration process by filling in all required fields, and finalize this input by pressing the appropriate confirmation button.

3. The member is obliged to provide complete and correct data for the shop registration process and keep this up to date. The same applies to all information required by law and the information requirements within the shop.

III. Cancellation policy for users

WITHDRAWAL NOTIFICATION
Users have the following right of withdrawal:

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating any reason.
The withdrawal period is 14 days from the date the contract is concluded.
To exercise your right of withdrawal, you must inform us (DaWanda GmbH, Windscheidstraße 18, D-10627 Berlin, e-mail: [email protected], Fax:+49 (0)30-257608 52, Tel.: +49 (0)1805-3292632) making a clear statement (e.g. by letter sent by post, fax or e-mail) of your decision to withdraw from the contract. You may use the withdrawal form template for this purpose, but this is not compulsory.
In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired. Consequences of withdrawal: If you withdraw from this contract, we will refund all payments we received from you, including delivery costs (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notice of withdrawal from this contract. The repayment will be made using the same payment method as used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. If you have already asked for service to begin during the withdrawal period, you shall pay a reasonable amount, proportionate to the service already provided up to the date on which you notified us that you were exercising your right to withdraw from this agreement, compared to the full scope of services provided for in the contract.
Important note:
The right of withdrawal is forfeited in supply of services contracts when the trader has fully provided said service and/or has begun to provide said service after obtaining the express consent from users to do so before the expiry of the period for withdrawal, wherein the user acknowledges that by so doing they are waiving their right of withdrawal.

Rights of termination remain unaffected.

IV. Placing binding offers
1. In order to offer a product or service on the online marketplace, you first have to place an offer – by completing all the required fields, and then pressing the appropriate button, or by other methods provided by DaWanda. The seller must place the offer in the category appropriate to the article. DaWanda's fee for listing the offer, up to the complete sale of all available products on offer or after expiry of the duration, is effective and displayed immediately. The offer will then be listed in the online catalogue in the category selected in each case and is then visible in the membership account of the seller.

2. The seller is responsible for informing themselves about the legal conditions for the sale of goods or of work and service contracts, and must ensure that they comply with any necessary contractual obligations. This applies to pre-contractual obligatory information, offer descriptions, as well as any other contractual or legal obligations in connection with the offer.

3. The description of the offer must be presented in English. If offers are also listed on DaWanda's international marketplaces, the description should also be in the respective national language.

4. By placing the offer, the seller makes a binding offer intended to lead to a conclusion of a contract, which each buyer may accept in accordance with the general Terms of Use.

V. Fees
1. DaWanda charges sellers fees for individual acts of usage and services provided by DaWanda. These fees are in the form of "listing fees", "sales commissions" or "other remunerations". The level of fees is agreed upon between the seller and DaWanda and is based on DaWanda's current price list.

2. In addition, DaWanda reserves the right to offer optional services for a separate fee. The costs for these can be viewed on a price list and are specifically referred to when booking additional services.

3. DaWanda can change the general level of charges on the price list at any time. General price changes are communicated to members prior to their coming into effect.

4. The total remuneration due and applicable fees in individual cases are agreed on between the seller and DaWanda when listing an offer. This firm offer-related fee may be changed only by mutual agreement.

5. The seller is expressly prohibited from charging their own fees or recovering DaWanda's fees from the buyer or demanding these from the buyer.

VI. DaWanda invoice
1. Fees payable by the seller are charged regularly after listing, or after expiry of one calendar month, but usually settled in the following month in the course of DaWanda's accounting process. Invoices are sent via e-mail as a PDF to the seller's given e-mail address. Invoices can also be viewed within the seller's profile.

2. Sellers must pay the invoice by SEPA direct debit mandate from a German bank account or through PayPal or by money transfer. Whatever the method, the invoice is payable in each case by the given due date.

3. If the fee collection fails under the SEPA direct debit mandate, this will result in the seller incurring extra costs ("return debit fees"), unless the seller is proven not to be responsible for the failure. DaWanda will inform the seller by e-mail about the fee due after failed debt collection, as well as the amount of the return debit charges incurred, stating a deadline for settlement of all sums payable.

4. The seller is prohibited from circumventing fees or preventing compensation by making reclaims in bad faith. Upon establishing circumventing or bad faith remuneration prevention, DaWanda is entitled to demand the missing remuneration jointly from all participating sellers as damages; further claims remain unaffected.

VII. Obligations of the seller
1. In addition to the General Terms of Use, the seller is obliged to offer only goods or services that do not contravene applicable law, third party rights, morals, and the DaWanda rules about use of the online marketplace. This also applies in the case of cross-border trade in compliance with the respective national regulations.

2. In addition, the seller is obliged in principle to hand over or assign the goods offered within the designated delivery time, unless the parties to the purchase agreement have agreed to the contrary.

3. The seller acting commercially is also obliged to clearly identify and comply with all relevant legal information obligations.

4. Any of the seller's own terms and conditions used in their shops may not be in conflict with these or others laid down by DaWanda and accepted by the sender.

VIII. Sanctions and other measures in case of infringements
1. In addition to the General Terms of Use, in case of suspicion of abuse DaWanda can, for example, also take sanctions against the seller's shop for infringement by that seller. This includes, among other things:



DaWanda expressly reserves the right to take additional measures. This is without prejudice to DaWanda's right to resort to legal remedies relating to misuse.

2. When closing down a listing, or if an account is provisionally or definitively blocked due to a confirmed or remaining suspicion of misuse, the seller is liable for charges incurred for the relevant offers as compensation from the date of termination. The consolidation into a lump sum is without prejudice to possiblely prove that no damages, much lower or much higher, have occurred. DaWanda is also authorised, at its discretion, to remove sellers' offers which do not fit DaWanda's Guidelines. If the member has not committed a breach of duty, DaWanda will cancel the remuneration incurred for the deleted offer on request or credit this to the member.

IX. Runtime; termination
The General Terms of Use shall apply with regard to runtime and termination. In addition, both the seller and DaWanda have the right to terminate the seller's DaWanda shop within a period of seven (7) days, without this constituting a cancellation based on the General Terms of Use ("partial termination").

X. Changes to the Terms and Conditions
DaWanda reserves the right to alter these Terms of Use at any time and to introduce new or additional contractual terms for the use of the online marketplace. The revised terms will be sent to the member by e-mail, with reasonable advance notice prior to the effective date. These take effect on the effective date if the member has not expressly disputed them before this date. As part of notifying the revised terms, DaWanda will separately specifically inform the member of their option to dispute them and the consequences of inaction. In the event that the seller disputes them, DaWanda may terminate the user relationship.

XI. Final provisions; applicable law; place of jurisdiction
1. The effective contract language is English. Correspondence between DaWanda and sellers will be conducted in English. Any translations of these Terms of Use made available on the marketplace shall not be binding; the German version alone is definitive.

2. German law applies in respect of all legal disputes arising in connection with the user agreement, under exclusion of the UN Sales Convention – Contracts for the International Sale of Goods (CISG). Mandatory provisions of laws of the place where the customer has their habitual residence remain unaffected.

3. The exclusive place of jurisdiction for sellers, legal persons of public law or public special assets is Berlin. This also applies if the member has no general jurisdiction in Germany, the member moves their domicile or habitual residence from Germany or the domicile or habitual residence is not known.

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End of Seller Conditions
As of October 2016