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Terms and Conditions

fairfox.shop

  1. Elementary regulations

1.1. The following terms of service apply to the usage of the digital marketplace with the domain fairfox.shop (termed „FairFox“ from here on). The marketplace is operated by the FairGoodsGroup GmbH, located at Hallesche Str. 49 in 06388 Gröbzig (termed “operator” from here on). They further apply to registered vendors (termed “vendors” from here on) as well as customers (termed “customers” from here on). Vendors and customers will collectively be termed “users” from here on.

1.2. Consumers, in the sense of the following regulations, is every natural person that performs an act under the law not solely for the sake of their own commercial gain or self-employment. A Contractor in accordance with § 14 PSGE 1 Civil Code (GER) is every natural or legal person or partnership with legal responsibility, that performs an act under the law for the sake of  their business or self-employment.

1.3. Unless otherwise agreed, any possible terms of the user are dissented.

  1. Entrepreneurial Capacity

2.1. Only companies in the sense of § 14 PSGE 1 Civil Code (GER) that act for the sake of their business or self-employment are allowed to register as a vendor on FairFox.

2.2. The right to examine said entrepreneurial capacity before any contract formation is reserved for the operator.

  1. Contractual Item

3.1. FairFox is a digital marketplace on which vendors can sell their wares and can conclude sales-contracts with customers accordingly.

3.2. The operator only provides the technical means and infrastructure for such acts. The customers enters  any sales-contract with the vendor directly. The operator is expressly not a party in this sales-contract. Only the users are fully responsible for fulfilling the terms laid out in their respective sales-contract.

  1. User Account Creation, Contract Formation

4.1. Using FairFox as a vendor requires a prior registration on the digital marketplace and the creation of a user-account.

4.2. Customers can make use of FairFox without a prior registration. The services performed by FairFox are free of charge for customers.

4.3. Registration, Creating a user-account and listing products are free of charge for vendors. Vendors agree to pay FairFox a commission for every conclusion of a sales-contract. Details are laid out in § 6 of this agreement.

4.4. Registration as a customer

The operator's offer on FairFox for closing a user-contract with customers addresses both consumers and contractors and is legally binding.

Via the button “Account” customers can register on FairFox and create a user-account. In order to do that the customer will have to fill out the application form and enter an e-mail address as well as a password. Before closing the contract the customers has the opportunity to change his credentials at any time or cancel the registration process by either closing his browser or using the browser's “back” button. By sending his application data by using the “register” button the customer also accepts the operator's contract offer to conclude a user-contract.

4.5. Registration as  a vendor

The operator's offer on FairFox for closing a user-contract with vendors is legally binding.

Via the link “Become a seller” vendors can register on FairFox and create a user-account. In order to do that the vendor has to select a vendor plan on the registration site and finalize his decision by clicking the “Choose” button. The vendor will then proceed to fill out the Corporate Social Responsibility Survey, send it and then continue by filling out the application form by entering contact details, an e-mail address as well as a password. Before closing the contract the vendor has the opportunity to change his credentials at any time or cancel the registration process by either closing his browser or using the browser's “back” button. By sending his application data by using the “submit” button the vendor also accepts the operator's contract offer to conclude a user-contract.

4.6. All the informational processes regarding the contract formation are handles via e-mails and in some places may take place automatically. It is the responsibility of the user to make sure that the provided e-mail-address has been entered correctly, that it active and able to receive e-mails as well as to make sure that reception is not blocked by SPAM-filters.

  1. Availability

5.1. The operator warrants an availability of 98% monthly mean of the FairFox platform. Time for maintenance work as well as server downtime due to technical or other problems that are beyond the control of the operator (acts of nature, network malfunctions beyond the operator's network, 3rd party fault etc.) is excluded.

5.2. The stipulations laid out in §13 remain unaffected.

 

  1. Pricing and Payment Terms

6.1. Transactions on FairFox are handled by the payment service provider MANGOPAY SA (2 Avenue Amélie, L-1125 Luxembourg). In order to have a fully functional vendor account a separate contract between MANGOPAY SA and the respective vendor is necessary.

6.2. MANOPAY SA supplies its own agreement which applies to all payment processes on FairFox (https://www.fairfox.shop/mangopay-agb)

6.3. In case of a conclusion of a sales-contract between vendor and customer the operator is entitled to a commission. The resulting amount of money will be retained by the payment service provider and will be transferred directly to the operator. The prices published on FairFox during the time of the initial contract formation apply.

6.4. The commission will not accrue if the customer withdraws the sales-contract, as is his right. In this case the vendor will promptly contact the operator in textual form.

6.5. The operator will invoice the commission to the vendor on a monthly basis.

6.6. Unless agreed otherwise the commission is due immediately after the transaction.

  1. Using the digital marketplace, restrictions on services offered

7.1. The product description as well as the product photos have to relate to the offered product exclusively. Advertising of products not offered on FairFox is prohibited.

7.2. Vendors that list products for sale for the sake of their business or self-employment are required to include the legally required consumer protection information in their listings as well as instruct the customer about the existence or inexistence of his right of cancellation.

7.3. Offering products with a pornographic context or feature content that has in any way an undesirable influence on the moral development of young people e.g. by featuring certain symbols or depictions, that either directly infringe the freedom of faith, conflict with criminal norms, infringe personal right or any other rights of 3rd parties or have the potential to do so are strictly prohibited.

7.4. Should a user infringe said regulations the operator reserves the right to temporarily ban or delete the vendor account or individual listings and other content as mentioned in §10.

  1. Specific agreements for using the marketplace with the “EASY SELLER” plan

8.1. If a vendor uses the “EASY SELLER” plan the following conditions apply when using FairFox.

8.2. Only new products may be sold. The listing and sale of products in used condition (which are not distinctly upcycled) is prohibited.

8.3. Vendors may not include a packing slip, invoice or any advertising media in their packages.

8.4. The vendor shall ship his products in accordance with the conditions of the EASY seller plan.

8.5. The vendor is required to pack his parcels in a economical and ecological manner. The vendor is further required to ship any orders within 24 hours (excluding Saturday, Sunday and national holidays) after sales-contract formation. Products that cannot be delivered may not be listed on the platform.

8.6. The vendor must check for new or updated order information at least once a day (excluding Saturday, Sunday and national holidays).

8.7. The vendor is required to assign each of his products a unique GTIN provided by the GS1 Germany GmbH or in case of books a ISBN code. This code is to be included in the listing of each product. Custom-made-items or upcycled products are excluded from this stipulation.

8.8. The vendor must enter current information about order, fulfilment or shipping status as well as package tracking information in his vendor account and take care to make this information available.

8.9. The vendor is required to send the customer a VAT-included invoice via e-mail. The document should indicate that the amount has already been paid via FairFox. Further the vendor has to identify himself as the seller of these products on every invoice or e-mail correspondence with the customer as well as state the return address.

8.10. Vendors are not allowed to send e-mails to the customer confirming orders, fulfilment or shipping of products or for the purpose of advertising.

  1. Content usage rights

9.1. The contents available on the digital marketplace are for the most part protected by the copyright law and other protective laws and are owned by either the operator, users or other 3rd parties each of which created the respective contents. The compilation of these contents is to be considered to be protected as a database as subject of §§ 4 PSGE 2, 87a PSGE 1 EU database copyright where appropriate. Users are only allowed to use these contents as outlined in the terms of use as well as in the marketplace’s own terms and conditions.

9.2. With publishing contents on FairFox the user is permitting the operator a gratuitous and transferable right of use of the respective content which includes but is not limited to:

- storage of these contents on the operator’s servers as well as the publication and public

  access (e.g. frontend showing on the marketplace) of these contents. This may also

  include publication in newsletters, blogs and the operator’s social media accounts

- editing and reproduction as long as this is deemed necessary for publication of these

  contents. This may also include publication in newsletters, blogs and the operator’s social

  media accounts

9.3. When the user removes his previously published contents from the digital marketplace the operator’s previously described right of use is revoked. However, the operator is still eligible to store copies of these contents for the means of backup or verification. The right of use granted to the operator or users of the digital marketplace remained active in the sense that already published newsletters, blog posts or posts on social media allowed to remain intact.

  1.  Responsibility for content, user-accounts and indemnification

10.1. The operator is not responsible for checking public listings on FairFox made by vendors for any infringements. Their correctness, integrity and lawfulness is the responsibility of the respective vendor. The correctness, integrity and quality of the listings is expressly not under the influence of the operator.

10.2. Users can publish their own contents on the digital marketplace. By doing that the users take responsibility that these contents do not infringe any 3rd party rights (particularly copyright laws, naming laws, trademark laws) or stand in conflict with any other laws.

10.3. Should a user publish illicit content or content that infringes FairFox terms and conditions the operator reserves the right to temporarily ban or delete these contents or the corresponding user-account. This also applies if there are indications of repeated illicit publications or infringements of § 8.

10.4. The operator is going to take the qualified interests, particularly the culpability, of the user in account during sanctioning and will further inform and justify the ban or deletion of an account or content in textual form.

10.5. In case of a ban or deletion of a user account or its contents the operator will immediately lift these sanctions as soon as the suspicion of infringement of laws or the marketplace’s terms and conditions is eliminated.

10.6. The users release the operator of any 3rd party claims for violation of their rights by duly publication of material on FairFox, newsletters or other advertisements. This release includes compensation claims as well as monetary compensation for the legal defence caused by the illicit and unlawful use of FairFox’ services. The release postulates that a settlement or acknowledgement of 3rd party claims can only occur with a prior writing consent of the user.

  1.  Performance impairment and liability

11.1. Liability of the operator for initial defects compliant with § 536a Civil Code (GER) regardless of culpability is foreclosed. The operator is otherwise liable under the following policy.

11.2. The operator is fully liable for damages caused by harm of life, body or health. Further the operator is fully liable in all cases of gross negligence, fraudulent concealment of deficiencies, acceptance of a guarantee and every other statutorily regulated scenario.

11.3. When a breach of fundamental contractual obligations of the operator are concerned, the liability of the operator in cases of minor negligence is limited to the foreseeable damage that is typical for the contract. Primary contractual obligations are such obligations, that are a result of the nature of the contract and whose infringement would compromise fulfilling the purpose of the contract, as well as obligations which the contract imposes on the operator in order to fulfil the purpose of the contract, which are a perquisite to making a proper fulfilment of  the contract possible in the first place and those on which the user can regularly trust to be adhered.

11.4. The operator’s liability is foreclosed when breaching circumstantial contractual obligations due to minor negligence.

  1. Lien

12.1. User only have a right of retention if the claims stem from the same contractual relationship.

  1. Contract period and termination

13.1. The user-contract between user and operator is concluded for an undetermined period of time.

13.2. The user can order a deletion of his user-account at any time by contacting the operator in textual form (e.g. e-mail) in turn terminating the contract. The operator can terminate the contract with the user without giving any reason within 14 days.

13.3. The right for an extraordinary termination for every party remains unaffected. This right is in particular reserved for the operator in case of infringements against these terms and conditions.

13.4. The termination can only be effective when submitted in textual form.

  1. Contract language and contract text storage

14.1. The language of the contract is English.

14.2. The operator does not store the complete contract text. The contract can be printed or digitally saved by the user using the browser’s or e-mail client’s print functionality before submitting the registration. After the operator receives the registration application the order information, information required by law about distance contracts as well as the terms and conditions will be transmitted to the user through e-mail.

  1. Choice of law, jurisdiction, place of performance, alternative dispute resolution

15.1. German law applies. The stipulations of the UN CSIG expressly do not apply. This choice of law only applies to consumers if it does not result in the withdrawal of the consumers protection under necessary terms of the law of the state the consumer normally resides (favourability principle).

15.2. Place of performance for all services resulting from the business relations with the operator as well as the jurisdiction are the registered place of business as long as the user is not a consumer but an agent, a corporate body under the public law or a public separate estate. The same applies if the user has no general jurisdiction in Germany or the EU or the home address or usual residency are unknown during the time the action is filed. The capacity to call onto a court of law of a different jurisdiction remains unaffected.

15.3. The European Commission offers a platform for alternative online-dispute resolution that can be accessed here: https://ec.europa.eu/odr