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§ 2 Membership Eligibility and Registration

1. No registration is required if you use DaWanda.com to search products, shops or members. Member registration is required for a variety of features, functions and services such as bookmarking products, shops and members, contacting othr 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 DaWanda and you for the use of DaWanda.com 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.

4. 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.

5. We reserve the right to delete accounts that have not completed the registration process, e.g. unvalidated registrations.

§ 5 Listing and Selling

1. Registered members of DaWanda.com can create their personal shop on DaWanda.com. All items and offers of a member will be listed in this shop.
Sellers are solely responsible for all items listed in their shop and for the compliance with legal regulations.

2. Setting up a shop at DaWanda.com is free of charge. We charge fees for listing items for sale through our site. Our fees are described in our Fees Policy which forms part of this User Agreement.

3. When setting up a shop at DaWanda.com you choose a shop name. The shop name can differ from your User Name. Your Shop Name shall not infringe any third party’s rights or be immoral. In such case DaWanda reserves the right to alter the shop name or to delete the shop.

4. Information provided by you in the course of setting up a shop shall be true, accurate and complete. You are obliged to update this data as necessary and to always provide up-to-date information.

5. Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The contract of purchase is formed when a member complies with the conditions specified in the offer and clicks the “Buy” button in the shopping basket.

6. DaWanda reserves the right to introduce functions allowing sellers and potential purchasers to negotiate the price of an item.

7. Items must be listed in an appropriate category. Your items and all terms of sale must be described with text description, graphics and pictures on the listing page of DaWanda.com.
You are responsible for ensuring that you have the right to use all content on your listing and that DaWanda has the right to host it on our servers. All content may only refer to the offer listed and may not advertise goods not listed on DaWanda.com.
All information relevant to the purchase decision must be true, accurate and complete. All information related to payment, delivery and delivery time must be complete.
As a business person offering goods and services to consumers you are obligated to give all necessary information regarding consumer protection as required by law and to detail legal disclaimer rights if required by law.

8. 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 DaWanda fees to the buyer.

9. DaWanda reserves the right to unlist and delete items if an item infringes legal regulations, these Terms & Conditions ort he principle and rules of DaWanda.com. An overview of permitted and forbidden items is here.

§ 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 Forum.
1. Only registered Members of DaWanda can use the public forums.
2. Freedom of speech applies in principle within the forum, subject only to applicable legislation. All members are nevertheless obliged to observe the rules of netiquette, and to maintain a polite tone in their discourse. Obscene, vulgar and suchlike expressions are impermissible.
If the content of a contribution infringes applicable law or the rules of netiquette, DaWanda will delete this contribution without warning as soon as DaWanda becomes aware of this contribution. Articles "deleted" by DaWanda can be moved to a forum that members cannot see or use. This ensures that these articles are available as evidence.
Personal data may be divulged only with the express approval of the person concerned. Where personal data relating to third parties is entered, DaWanda likewise reserves the right to delete it if there is no evident indication that such permission has been given.
DaWanda moreover reserves the right to delete pure advertising contributions and mass contributions with the same content, or other contributions that impose an inordinate burden on the network infrastructure.
3. DaWanda does not check individual members' contributions, and expressly does not identify with the content of individual third-party articles. Every member is responsible for his or her own contributions and content (e.g. links), and undertakes the sole liability for them. DaWanda expressly reserves the right to claim damages from members who abuse the forum or use it unlawfully and are responsible for these infringements.
4. DaWanda exercises a virtual internal authority in this forum. If you become aware of an infringement of these rules of use, we would ask you to immediately send an e-mail to support@dawanda.com.
DaWanda reserves the right to block contributions of members in the event of infringements of these rules of use, or to delete them, and to warn the members themselves or exclude them temporarily or permanently from some or all of these services.
In the event of a contribution containing material of criminal relevance, DaWanda expressly reserves the right to bring charges against the originator of the article, and pass on the data available.

§ 9 Feedback System

1. User verification on the Internet is difficult, DaWanda cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. The DaWanda feedback rating system shall help users to evaluate the person with whom they are dealing, avoid fraud and guarantee quality. The feedback systems consists of comments and ratings left by the seller and the buyer after a sales contract has been established between the two.

2. Members are obligated to give their feedback in an explicitely true, faithful and objective manner and to give feedback only about details related to the respective purchase. Feedback shall not contain defamatory statements, shall be based upon facts and needs to be in accordance with legal regulations.

3. It is not permitted to give feedback about oneself or arrange for third parties to give feedback. DaWanda reserves the right to delete feedback and ratings in the case that these infringe these Terms&Conditions or legal regulations.

§ 10 Basic Terms
1. All activities of members while using DaWanda.com or any service provided by DaWanda shall be in accordance with legal regulations. Content provided by members on DaWanda.com 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 dawanda.com without the prior expressed written permission of DaWanda 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 DaWanda employee or a DaWanda 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 DaWanda.com 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

4. You must not list any item on DaWanda.com (or complete any transaction initiated using DaWanda.com) 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.

5. To enable DaWanda 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.

§ 11 Privacy
The DaWanda Privacy Statement forms part of this User Agreement.

§ 12 Liability & Warranty

1. DaWanda is not liable for contracts formed between members of DaWanda.com.

2. DaWanda is not liable for information on DaWanda.com provided by its members. We claim no intellectual property rights over the material provide by members of DaWanda.com.

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. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release DaWanda (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

5. Nothing in this User Agreement shall limit or exclude DaWanda’s liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, DaWanda will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. DaWanda has no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
DaWanda’s liability to you or any third party in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) €100.

6. DaWanda does not guarantee continuous, uninterrupted or secure access to our services, and operation of DaWanda.com may be interfered with by numerous factors outside of our control. DaWanda.com and the services of DaWanda are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance

§ 14 Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with German law and subject to the exclusive jurisdiction of the German courts.
Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from German law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

§ 15 Notices
Unless otherwise explicitly stated, notices to DaWanda must be sent by mail or email to DaWanda GmbH, Grolmanstrasse 16, 10623 Berlin, Germany or support@dawanda.com. Notices to you will be sent to the email address provided by you during the registration process or by mail.

§ 16 General
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. We reserve the right to alter these Terms&Conditions at any time. If the alterations constitute a material change to the Terms&Conditions, we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
You agree that this User Agreement and all incorporated agreements may be automatically assigned by DaWanda, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and DaWanda are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.

This Agreement will prevail over any conditions of sale imposed by a seller. Our Privacy Statement, Fees Policy and Prohibited Item Policy, are incorporated in this User Agreement by reference. Each of the policies may be amended from time to time and material changes will be posted on the Announcement Board except for the Privacy Policy for which we will provide you with thirty days notice.

Last updated: 3rd of December 2006