Terms and Conditions
Terms and Conditions
§ 1 Contractual Object
The operator of the platform "Cousture" offers its users (participants) the opportunity to sell on its platform self-designed design articles (goods) on its platform and to sell and purchase. With these general terms and conditions, the condition of the usage contract and the use of the platform are bindingly regulated.
§ 2 Definitions
(1) The creator is the user who offers products by means of sales which are under his ownership or which are surrendered to him by the owner for this purpose on the operator’s platform by the operator.
(2) Purchasers are users, who accept the sales offer through the purchase of offered products within the online purchase.
(3) An Event is the offer of a product through the operator to purchase through acceptance of the offer by a purchaser.
§ 3 Authorized Users
Only legal persons and natural persons who have legal capacity can use the platform as creator or purchaser. Minors are excluded from participation.
§ 4 Registration, Reregistration and Exclusion of Participants
(1) Each participant must register especially to sale or purchase via a log in at Cousture.de. Each participant is only allowed to register once. The entitlement to participate does not exist.
(2) For registration, the participant must specify his real name and address. If a participant provides false information, the participation contract may be terminated without notice.
(3) The participant may terminate this participation contract at any time. The access and password will be deactivated immediately. In this case, current offers of the participant will be cancelled and removed from the platform.
(4) The operator is entitled to terminate this participation contract at any time, for any reason with a notice of four weeks. Current offers will be cancelled and removed from the platform. If the creator has not uploaded new products for more than 30 consecutive days, the operator is able to terminate the participation contract with a notice of five days until the end of the calendar month.
(5) The operator may terminate the participation contract for a serious reason with immediate effect. In this case § 4.4 applies accordingly.
(6) The re-registration after termination by the operator is only permitted with a written consent of the operator.
§ 5 Password
(1) After the registration, every participant receives a password. With the password, every participant has access to the platforms and can participate in events by accepting offers.
(2) The participant is bound to keep his password in confidence and to protect it from unauthorized access. This applies also to family members. The participant shall only give his password to those persons entitled by him to purchase in this name and for his account.
(3) In case of culpable loss of the password or culpable access of third parties the participant is responsible for all actions which are done with this account. The participant has the obligation to release the operator from possible damages.
(4) Should the password of the participant get lost or the participant finds out that his access privileges are misused he must inform the operator immediately. In this case, the operator can assign him a new one.
§ 6 Payment
(1) For the purchaser, the participation in the platform is free of charge.
(2) For the creator, the participation in the platform is subject to charges. Each creator pays a set up fee for access creation. Furthermore, in case of a successful sale by the platform of the operator each creator pays a commission to the operator. The commission depends on the retail price. The level of the commission is negotiated individually between the operator and the creator when the access will be organized.
(3) The corresponding amounts are due immediately after the financial reporting by the operator. If the creator does not pay the amount due within five working days, the creator is entitled to immediate blocking the access to the account. The access of the creator will be unlocked within three days after the receipt of the payment? amount. If the creator is blocked three times or more frequent or is in default with an about of more than 100€ for at least 30 days, the operator is entitled to immediate termination, §4.5.
§ 7 Bidding Period
(1) The creator is responsible for the definition of the offer period
(2) All time specifications are determined by the system time of the organizer.
(3) The operator is entitled to an extension of the offer period under the conditions in § 8. An obligation to extension does not exist under any circumstances.
§ 8 Technical Defects of the Platform
(1) The operator ensures a technical availability of the platform of 90 percent. This quota is calculated on the average of a calendar year. Circumstances of force majeure are excluded. Force majeure are especially all circumstances which are beyond the influence of the operator, for example connection problems of the computer center.
(2) The operator can take the platform offline for necessary maintenance. The operator strives to realize this maintenance between 10 p.m. and 6 a.m. (German Time).
(3) If there are any longer downtimes or server failure at the time of the end of an offer the offer period can be extended by the operator. The time of the extension is determined by the operator according to reasonable discretion considering the interests of creators and purchasers.
§ 9 Prices
(1) The retail price is fixed.
(2) Potential price components which have been paid by the purchaser (for example sales tax, packaging etc.) must be included in the retail price. A separate calculation is only permitted about possible shipping costs. When possible, the operator tries his best to group the products to be sent together.
(3) The retail price is determined by the creator at his own discretion. The operator is not liable for losses if the retail price is lower than the objective value of the product.
§ 10 Guarantee of the Operator
(1) The operator does not assume any guarantee for the correctness of the information and declarations of the participants especially regarding their personal details and their ability and willingness to pay. There is no examination of identity and financial standing.
(2) Terms and conditions of participants may not contradict this terms and conditions. In case of usage of terms and conditions which contradicts these terms and conditions the operator is entitled to immediate termination (§ 4.5) of the participant agreement after a previous warning.
§ 11 Banned salable objects and rules of conduct
(1) It is not allowed to sell products which are not compatible with the applicable law.
Especially the sale of the following products is forbidden:
- Weapons
- Pornographic material
- Stolen goods
- Products of prohibited parties and political inflammatory articles
- Products which violate rights of others, especially personal rights, trademark rights and copyrights
The willful violation against these products is important about § 4.5.
(2) The participants are required to use the platform constantly and are not allowed to abuse this platform for illegal activities.
(3) The creator releases the operator from every culpable infringement and resulting expenses made by the creator. This also applies incurred necessary costs of the operator’s legal defense, especially legal fees at an appropriate level.
§ 12 Sales Contract
(1) The purchase contract is concluded between the operator and the purchaser, after the declaration of acceptance by the purchaser via the platform of the operator, by a confirmation of the contract by the operator by e-mail.
(2) The purchase contract is binding for the operator and the purchaser. The contract may only be released under the legal conditions.
(3) The operator will comply with the statutory provisions on distance sales, regarding the right of revocation.
§13 Importation/Upload of the goods by the creator
(1) The creator receives an access from the operator with which the creator can directly import goods which are for sale to the platform of the operator. In accordance with the input form, the creator must provide truthful information about the goods. The operator will select goods of the creator and make them available for sale to third parties on the platform.
(2) By entering the goods details and sending the input form, the creator makes the offer to the operator to purchase the goods on commission within the meaning of this agreement. This offer is accepted by the operator by releasing the goods on his platform for sale, which informs the creator by e-mail. There is no claim of the creator to release an offer against the operator. The goods remain in the case of acceptance with the creator. The operator has a period of 8 weeks from acceptance of this offer by the creator in order to either pay the goods at his choice or to withdraw from the purchase contract. In the event of withdrawal from the purchase agreement with the producer, contractual claims only exist mutually, if explicitly provided for in this contract.
(3) The withdrawal from the purchase contract on the commission of a product between the manufacturer and the operator may be explained by the operator's e-mail, but also by the operator removing the offer from the operator's platform by purchasing the goods. Should the creator end the current offer on the goods on the platform of the operator, this represents a rescission from the purchase contract on commission.
(4) If the purchase contract between the operator and the purchaser is found to be invalid, the purchase contract between the operator and the supplier is reversed. In this case, the operator can nevertheless receive the commission provided by the creator. This also applies if the purchase is not due to or due to the exercise of a right of revocation by the purchaser. The commission provided for this purpose shall also be paid if the offer is placed on the platform of the operator by the manufacturer or at his request before a sale.
(5) With the upload of the goods, the creator declares his consent to the immediate dispatch of the goods to the subsequent purchaser.
(6) The operator shall, at his discretion, either settle the existing payment claims of the creator from a commission purchase with commission claims by the operator or charge the commission claims for payment.
(7) The creator undertakes not to offer the goods placed with the operator during the offer which is offered to the operator anywhere at a more favorable selling price within the meaning of § 9 (2).
(8) The creator transfers to the operator all rights necessary for the execution of this contract to the content used by him on the platform (image material, product texts, etc.). The right to reproduce, disseminate, publicly access or edit the content deposited by the creator is particularly affected by this.
(9) In the relationship between the creator and the operator, the statutory provisions apply to warranty claims, also to third parties. In this respect, the creator is particularly aware of §478 BGB (German Civil Code).
The manufacturer shall provide the following information on his own responsibility:
1. For each item, the creator shall share a price representing the later sales price as defined in §9. Furthermore, the creator specifies the necessary shipping costs according to the input form.
2. The creator specifies a period for which he guarantees the availability of the goods against the operator and possible purchasers. After expiration of the specified duration, the offer is removed from the platform of the operator. There is a maximum possible duration of 4 weeks.
3. In the offer, the creator specifies a binding delivery time, which he can also observe. The goods must be able to be shipped to a purchaser within a maximum of 5 business days after a sale. Each offer must be illustrated with at least one photograph, which faithfully reproduces the advertised product.
4. The creator must fulfill information obligations regarding the essential characteristics of the articles offered and the protection of minors. In this respect, the manufacturer will inform himself about the existing information requirements, regarding offered textiles, electrical articles, light bulbs such as light bulbs and toys, and shall include the corresponding information in the quotation texts.
§ 14 Fulfillment of contractual obligations and delivery times
(1) If a participant refuses without reason for the fulfillment of the concluded contract or had never intended to fulfill it, the operator is entitled to exclude him from further events and to terminate the contract of participation without notice as per §4 Abs.5.
(2) If the manufacturer does not deliver the goods or does not deliver them according to the delivery period specified by himself, the creator owes the customer a penalty of € 100 for each individual case, which is payable immediately. Any further claims for damages are expressly not affected.
§ 15 Evaluation system
(1) The operator shall operate a user-ordered evaluation system in which the creator and the purchaser of goods within the event can evaluate the respective participant in a positive or negative manner regarding his behavior during the processing of the goods.
(2) Users are not obliged to submit evaluations. The users are obligated to make statements within the framework of the evaluation solely true.
(3) A user is not entitled to directly or indirectly influence the evaluation of his or her own person. Manipulations of the rankings and self-evaluations entitle the organizer to exclude the participant without notice of termination of the participation contract in accordance with §4 Abs.5.
(4) The operator does not check the ratings for their authorization. The operator is not liable no liability for the correctness and effect of these evaluations, as far as it is not caused by intent or gross negligence. Known or recognizable incorrect ratings will be deleted.
(5) A user is not entitled, regarding the evaluation system, to demand a specific behavior outside of the contractual obligations entered via the platform. An infringement on the other hand entitles the organizer to terminate the participation contract.
(6) An inclusion in this rating system is only made if the user agrees.
(7) The data of the evaluation system are withdrawn from the access by the other participants when the user logs out. If the user registers again, the data are made available again.
§ 16 Data Protection Clause
The operator collects and processes user data exclusively for the execution of the events within the framework of the platform.
§ 17 Text form
Declarations against the operator and the respective contract partner require at least one e-mail or a written declaration. Verbal explanations are ineffective.
§ 18 Applicable law
This contract is governed exclusively by German law, with the exclusion of the UN purchase law.
§ 19 Amendments
(1) The operator is entitled at any time to transfer his rights and obligations from this contract to a third party. The transmission is to be announced by e-mail to the participants 4 weeks before the entry into force. The participants can then terminate the contract at the latest 2 weeks after receipt of the mail with a notice period of 3 days.
(2) The operator may at any time modify these General Terms and Conditions as far as these changes do not affect any contractual obligations (cardinal obligations). If the user does not accept the changes, the operator is entitled to a right of termination according to §4 Abs.5.
§ 20 Severability clause
Should a clause of this contract be invalid in whole or in part, the validity of the remaining contract shall not be affected.
