General Terms and Conditions for the Use of the Treasurize GmbH Marketplace
These General Terms and Conditions (hereinafter "GTC") apply to all business relations of Treasurize GmbH (hereinafter "Treasurize") with its customers. The Terms and Conditions shall only apply if the Customer is an entrepreneur (§ 14 German Civil Code - BGB), a legal entity under public law or a special fund under public law.
If you use Treasurize as a consumer, the following applies to you
Right of withdrawalYou have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us by post, telephone or e-mail of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You may use the attached sample withdrawal form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
The Treasurize marketplace primarily trades digital content. "Digital contents" are "data that are produced and made available in digital form" (§ 312f Abs. 3 BGB). In the case of digital content, a seller cannot check whether this content will actually continue to be used unlawfully after revocation. For this reason, sellers are only given the opportunity to offer digital goods for sale if the buyer withdraws from his right of revocation for the purchase in accordance with § 356 (5) BGB. It applies that the seller of the buyer
- obtains the express consent to commence the execution of the contract (i.e. in practice the transfer of data) before the expiry of the withdrawal period, and
- obtains confirmation that the consumer has waived the right of withdrawal by carrying out the contract accordingly.
This is implemented by an opt-in checkbox with which the buyer confirms the above:
"I expressly agree to the execution of the contract before the expiry of the revocation period. I have taken note that my right of revocation expires with the beginning of the execution of the contract".
Consequences of revocationIf you revoke this contract, we shall repay to you all payments which we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. We will use the same means of payment as you used in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement.
Table of contents
§1 Description of services
§2 Registration and Treasurize account
§3 Use of Treasurize services, prohibited articles and content
§4 Sanctions, suspension and termination
§7 Limitation of liability
§9 Data protection
§10 Final provisions
§1 Description of services
- Treasurize offers an online marketplace through which you, as a Treasurize user, may offer ("Offer"), sell ("Seller") and acquire ("Buyer") any goods and services of any kind ("Items") and publish any other content, provided that their offer, acquisition or publication does not violate any law or this Treasurize. Treasurize itself does not offer any articles and does not become a contractual partner of the contracts concluded exclusively between the users of this marketplace. Only entrepreneurs (§ 14 BGB), legal entities under public law or special funds under public law are entitled to use the Treasurize marketplace.
- Treasurize has the right to technically process offers and other contents of users in such a way that they can also be displayed on mobile devices or software applications of Treasurize or third parties.
- Despite various security precautions, it cannot be ruled out that incorrect contact data has been stored for a Treasurize account or that these have changed in the meantime.
- Offers and other content published by users via Treasurize do not represent the opinion of Treasurize and are generally not checked by Treasurize for their legality, correctness and completeness.
- Treasurize may make the use of Treasurize or individual features or the extent to which individual features may be used subject to certain conditions, such as verification of credentials, usage, account type (private/commercial), status of evaluation profile (including detailed vendor evaluations), payment history, or the submission of specific evidence (e.g., proof of identity, proof of purchase, proof of payment, or proof of ownership).
- Treasurize reserves the right to change the order on its marketplace as long as it is reasonable for users to do so, taking into account Treasurize's legitimate interests.
- Users' right to use the Treasurize Marketplace is limited to the current state of the art. Treasurize temporarily restricts its services if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and if this serves the proper or improved provision of the services (maintenance work). In these cases Treasurize considers the legitimate interests of the users, e.g. by preliminary information. § Section 8 of these Treasurize GTC (limitation of liability) remains unaffected by the above provision.
- If an unforeseen system failure impedes the use of Treasurize, the users will be informed in an appropriate form.
§2 Registration and Treasurize account
- Registration for a commercial account is only permitted to entrepreneurs, legal entities and natural persons with unlimited legal capacity. Minors in particular are not permitted to register for the use of Treasurize services.
- The data requested by Treasurize during registration must be complete and correct. The telephone number must not be a value-added service number and the address must not be a P.O. box. Users who use the Treasurize services in the course of their commercial or self-employed professional activities are obliged to open a commercial Treasurize account and to supplement their registration data with the information required by law. If a user converts his private Treasurize account into a commercial Treasurize account, the regulations for commercial users contained in these Treasurize GTC shall apply to him from the time of the conversion.
- The registration of a legal entity or company may only be carried out by a natural person authorized to represent it, who must be named. When registering natural persons, only individual persons may be named as holders of the Treasurize account (i.e. no married couples or families).
- If the data provided changes after registration, the user is obliged to update the data in his Treasurize account immediately.
- Users must keep their password secret and carefully secure access to their Treasurize account. Users are obliged to inform Treasurize immediately if there are indications that a Treasurize account has been misused by third parties.
- A Treasurize account is not transferable.
- Treasurize reserves the right to delete Treasurize accounts from incomplete registrations after a reasonable period of time. The same applies to Treasurize accounts that have not been used for a period of 12 months. Treasurize will inform the user in a timely manner before deleting such an account.
§3 Use of Treasurize services, prohibited articles and content
- It is the responsibility of the user to ensure that his offers and contents (in particular pictures and other information) are lawful and do not infringe the rights of third parties.
- It is forbidden to offer or advertise articles to Treasurize whose offer, sale or acquisition violates legal regulations, the rights of third parties or morality. Treasurize reserves the right to make the sale of certain items subject to conditions that go beyond the legal requirements. The publication of other content is governed by the Treasurize User's Contributions and Content Policy.
- It is forbidden to manipulate the search functions of Treasurize services, e.g. by misusing brand names or other search terms in the article description or description. The principle of manipulation of search results applies.
- Sellers must place their items in the appropriate category and describe them correctly and completely with words and images.
- The article description as well as the pictures used thereby may refer exclusively to the offered article. Advertising for articles not offered by Treasurize is not permitted. Sellers may not use any quality seals, warranty marks or other symbols from third parties in connection with the use of Treasurize services, unless Treasurize authorizes such symbols.
- Sellers who offer goods or services to consumers in the course of their commercial or self-employed professional activity are obliged to provide them with the legally prescribed consumer protection information and to inform them of the existence or non-existence of the statutory right of revocation.
- The price of the respective articles is understood as the price including VAT.
- The download of the offered goods is available for the period of 4 weeks, afterwards the possibility to download the product expires.
- Sellers are not allowed to claim Treasurize fees, PayPal fees or commissions from buyers in addition to the sales price.
- Users may not use addresses, email addresses and other contact information obtained through the use of the Treasurize Services for any purpose other than contractual and pre-contractual communication. In particular, it is prohibited to resell these data or to use them for the sending of advertising, unless the respective user has expressly agreed to this in advance in accordance with the applicable statutory provisions.
- Users may not block, overwrite or modify any content generated by Treasurize or other users or interfere in any other way with the Treasurize services, in particular if this could lead to an excessive load on the Treasurize infrastructure.
- Treasurize may take the following actions if there are concrete indications that a user is violating legal regulations, third party rights or the Treasurize Terms and Conditions or if Treasurize has any other legitimate interest, in particular to protect users from fraudulent activities:
- Deletion of bids, offers, ratings or other content Warning of users
- Delay of the publication of offers and other contents
- Temporary hiding of offers on the search results page
- Restriction of the use of Treasurize services, in particular purchase activities
- Temporary blocking
- Final blocking
When selecting a measure, Treasurize takes into account the legitimate interests of the user concerned, in particular whether there are any indications that the user was not responsible for the violation.
- Treasurize may definitively exclude a user from using the Treasurize services (final blocking) if the user
- has repeatedly received negative ratings or low detailed vendor ratings and the blocking is necessary to protect the interests of other users.
- he has provided false contact information.
- he transfers his Treasurize account or grants access to it to third parties.
- he significantly damages other users or Treasurize.
- he repeatedly violates these Treasurize Terms and Conditions.
- there is another important reason.
Once a user has been permanently blocked, there is no right to restore the blocked Treasurize account or rating profile.
- Users may terminate this user contract at any time.
- Treasurize may terminate the user contract at any time with 14 days' notice to the end of the month. The right to block remains unaffected. +
- As soon as a user has been blocked or the user contract has been terminated by Treasurize, this user may no longer use the Treasurize services with other Treasurize accounts and may not re-register. A suspension or termination has no effect on the validity of contracts already concluded on the Treasurize marketplace.
- Treasurize does not charge the seller for offering items or using additional options. If an item is sold, the seller will pay Treasurize a sales commission of 10% of the purchase price.
- The sales commission of 10% of the purchase price is payable immediately and can be paid using the payment methods accepted by Treasurize. If the debt collection fails, the User shall reimburse Treasurize for the additional costs incurred, insofar as the User is responsible for the failure.
- Treasurize charges the sales commission on a monthly basis. Treasurize informs the seller by e-mail about the provision of the respective invoice. The seller can retrieve the complete invoice from his Treasurize account.
- Sellers will be in default without further reminder 30 days after notification of the invoice amount.
- Treasurize reserves the right to charge a lump sum for the deletion of offers or other contents or for the blocking of users, if the user is responsible for the violation, unless the user can prove that no damage at all or a significantly lower amount has been incurred. Treasurize may also charge a fee for the reactivation of a blocked Treasurize account.
- Treasurize can change the sales commissions at any time, changes will be communicated to the users in good time before they come into effect.
- After a transaction has been executed, users can evaluate each other in a mutual and publicly accessible manner. Buyers can also evaluate individual aspects of a seller's performance through detailed seller ratings. The ratings are not reviewed by Treasurize and may be inaccurate or misleading.
- Users are obligated to provide only truthful information in their ratings. The reviews submitted by users must be factual and must not contain any abusive criticism.
- Any improper use of the rating system is prohibited. In particular it is forbidden:
- to give reviews about themselves or have them given by third parties.
- to include in valuations circumstances that are not related to the settlement of the transaction in question.
- Use Ratings for any purpose other than trading through the Treasurize Services.
- To compel other users to act, tolerate or refrain from doing so by threatening to give or not to give a rating.
§7 Limitation of liability
- Treasurize is liable in accordance with the statutory provisions for intent and gross negligence on the part of Treasurize, its legal representatives, executives or other vicarious agents. The same applies to the assumption of guarantees or other liability regardless of fault as well as to claims under the Product Liability Act or culpable injury to life, limb or health. Treasurize is liable on the merits for simple negligent breaches of essential contractual obligations caused by Treasurize, its representatives, executive employees and simple vicarious agents, i.e. such obligations on the fulfilment of which the user regularly relies and may rely for the proper execution of the contract, but in this case limited in amount to the typically occurring, foreseeable damage.
- Any further liability on the part of Treasurize is excluded.
- To the extent that Treasurize's liability is excluded or limited, this shall also apply to the personal liability of its legal representatives, executives and vicarious agents.
The user indemnifies Treasurize against all claims asserted against Treasurize by other users or third parties due to infringement of their rights by offers and other contents posted by the user via the Treasurize services or due to other use of the Treasurize services by the user. The user assumes the costs of the necessary legal defense of Treasurize including all court and attorney fees in the statutory amount. This shall not apply if the User is not responsible for the infringement. The user is obliged to provide Treasurize immediately, truthfully and completely with all information that is necessary for the examination of the claims and a defense in the case of a claim by third parties.
§ 9 Data protection
- One of Treasurize's quality standards is to handle the personal data of the Treasurize user (hereinafter referred to as "personal data") responsibly. Therefore, Treasurize only collects, stores and processes personal data resulting from registration and the use of the available services to the extent necessary to perform the services in accordance with the contract and permitted by law. Treasurize will treat the personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties.
§10 Final provisions
- Treasurize is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks.
- Treasurize may at any time propose an amendment to these Treasurize GTC to the user. Amendments to these Treasurize GTC shall be offered to the user in text form (e.g. by e-mail) no later than 30 days prior to the proposed effective date. The User's consent shall be deemed to have been given if the rejection is notified to Treasurize in text form before the proposed effective date of the changes. If the user does not agree with the changes, he has the right to terminate the contract without notice and free of charge until the proposed date of entry into force of the changes (see § 4 No. 3 of these Treasurize GTC). In the message with which the changes are offered, Treasurize also draws the user's attention once again to the right of refusal, the deadline for doing so and the possibility of termination. The amended Treasurize GTC will also be published on the Treasurize website.
- Should individual provisions of these Treasurize GTC be or become wholly or partially void or ineffective, this shall not affect the effectiveness of the remaining provisions. Any provisions of these Treasurize GTC that are not included or ineffective shall be replaced by statutory law. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the unincorporated or ineffective provision with an effective provision that comes as close as possible to it economically.
- All declarations transmitted within the framework of the contract of use concluded with Treasurize must be made in writing or in text form (e.g. by e-mail).
- The user contract including these Treasurize GTC is subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. For consumers domiciled in the EU, the mandatory provisions of the consumer protection law of the member state in which you are domiciled also apply.
- Treasurize is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
- For users who are merchants within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising from the user contract and these Treasurize GTC.