General terms and conditions for using the juwelle.de platform

(below: "Terms of Use")

1. scope of application

1.1. With these terms of use, the legal relationship between fruittune GmbH (hereinafter: “juwelle.de”) as the operator of the online platform juwelle.de and the registered users (hereinafter: “Users”) regulated. Juwelle.de is a B2B online platform. The terms of use include the regulation of the use of the online platform Juwelle.de including all functions, which Juwelle.de holds ready for B2B customers, exclusively and regardless of which device or operating system it is used.

1.2. Only deviating terms and conditions of the user recognized in writing by Juwelle.de apply.

2. Subject of the contract

2.1. With Juwelle.de fruittune GmbH provides a service, Informations- and communication platform available to its B2B customers. With this Juwelle.de offers its users the opportunity to acquire customers, Projects and business partners, for self-presentation and to sell your own products in your personal online shop at Juwelle.de. Furthermore, the services of Juwelle.de offer the exchange of electronic messages between the user groups and between the users and Juwelle.de.

2.2. Juwelle.de offers the following membership:

2.3. By registering on Juwelle.de, the user receives membership for an unlimited period of time. Membership is free for the full term. Membership includes all services, in the 2.1 are described. Membership does not have a minimum term and can be terminated at any time. Membership can be terminated by the user without giving a reason. To cancel, the user must send Juwelle.de by email (partner@juwelle.de) inform informally. Juwelle.de is then at least within 3 Close the user account on working days. If the user expresses a termination at a point in time in the future, Juwelle.de will close the account at the specified period.

Juwelle.de reserves the right, to expand its range of services for the continuous further development of Juwelle.de, to change, to reduce or partially discontinue, as long as this does not unreasonably affect the interests of the respective user concerned. This does not result in any claims by the user for a reduction in price, Reimbursement or compensation.

2.4. Within the scope of the technical possibilities, Juwelle.de grants the user the best possible availability of the services and content. For necessary maintenance, Security- or update work, Juwelle.de is entitled, to temporarily suspend access to Juwelle.de. No responsibility can be taken for malfunctions, which are beyond the control of Juwelle.de

2.5. Juwelle.de is neither involved as a contractual partner nor as a representative in the contracts concluded directly between the users and the partner companies. The terms and conditions and data protection declarations of the respective partner companies apply. Unless expressly stated otherwise, partner offers are only available for groups of users specified by Juwelle.de, which Juwelle.de determines at its own discretion.

2.6. Juwelle.de can inform every user about new own offers and offers from partner companies. Juwelle.de can actively provide registered users with information, to bring suppliers and inquirers together. This should enable fast and efficient placement and successful implementation from the perspective of the respective contracting parties of orders and projects. For this, Juwelle.de can use the communication channels available and used on the market (u.a. E-Mails, SMS, internal messages, Messenger Services, Social Feeds) use.

3. Registration and user account

3.1. To use the services offered on Juwelle.de, registration and login as a user is required. There is no entitlement to membership. Juwelle.de is entitled to reject user applications without giving a reason.

3.2. Users must be of legal age and have full legal capacity, to register and log in at Juwelle.de. Minors are prohibited from registering and logging in. The registration and registration of a legal person must be carried out by a natural person with unlimited legal capacity and authorized to represent. The user is obliged to provide commercial evidence immediately after registration (Trade license, Commercial register extract) in his profile on Juwelle.de to upload. Juwelle.de is entitled to reject the user application in the absence of evidence.

3.3. By submitting the registration form, the user submits an offer to conclude a user agreement with Juwelle.de. If Juwelle.de accepts the registration, the user receives a confirmation email with a personalized activation link. When the user confirms the activation link, there is a contract between Juwelle.de and the user regarding the use of the services of Juwelle.de (hereinafter referred to as "license agreement") conditions. The user must call up the link provided with the confirmation email, to complete the registration.

3.4. After successful registration, a user account will be created for the user on Juwelle.de. He can access this with his e-mail address and password. The user can change his password at any time in the password-protected user area. The user undertakes, keep the password secret, so that access by third parties is not possible. If there is any suspicion, that his access data is being used by a third party without authorization, he must inform Juwelle.de immediately and change his password immediately.

3.5. For commercial or. Freelance use of the services of Juwelle.de is allowed to each user only the one-time registration. A transfer of user accounts is excluded. In the event of violations, Juwelle.de is entitled, block or delete individual or all user accounts. In this context, Juwelle.de reserves the right, also the extraordinary termination of individual or all accounts of the user concerned. In this case, a refund of membership fees already paid is not provided and will be retained as a flat-rate compensation. The member is allowed to provide evidence, that a damage is not resp. did not arise in the corresponding amount. Can the user provide relevant proof?, Juwelle.de will reimburse corresponding membership fees proportionately to the extent, if they exceed the damage incurred. In the event of damage occurring at Juwelle.de, which exceeds the amount of membership fees withheld or to be withheld, Juwelle.de expressly reserves the right to assert further claims for damages. Withheld contributions will be offset against further claims for damages.

4. User obligations

4.1. The user is obliged,

4.1.1. to provide only true and not misleading information regarding his communication on Juwelle.de with other users and not to use any pseudonyms. Especially published offers (Profile, Requests, Offers of services and products) must be real. In case of doubt and at the request of Juwelle.de, the user is obliged, bring proof, that the published content is real. The posting of fake or non-existent content (Profile, Requests, Offers of services and products) is forbidden and can lead to the temporary or complete blocking of the user account. In addition, it is reserved for Juwelle.de in this case, to assert an extraordinary termination and / or the assertion of claims for damages and / or to inform other users about it or. to make them visible to them. Juwelle.de stays open, to use a system, To benefit the constantly updated and maintained user profile in terms of visibility and perception.

4.1.2. only to enter information in data fields, for which the respective data field is intended. Information is provided by the user, especially with regard to contact details, only to be entered in the fields provided.

4.1.3. on Juwelle.de to keep its complete and up-to-date. If a content, an advertisement or a project is no longer up-to-date, the owner of the content is obliged to take the content offline. The user must keep the information on his availability updated at all times. Juwelle.de reserves the right, take appropriate measures in the event of violations, such as. the deletion of obviously outdated or no longer existing content. In addition, Juwelle.de can use user accounts in accordance with section 3.5 put offline, that contain outdated profiles or profiles, which has been for a period of 2 Years have not been updated.

4.1.4. only publish such content on Juwelle.de and only send such messages to other users, which serve within the scope of the intended purpose of Juwelle.de. Non-factual content and internal messages (with. B. advertising) are not allowed. This mainly includes internal messages without a personalized address (z.B. Bulk emails) or have no clear reference to the recipient profile.

4.1.5. his credentials (User name, password) to be kept secret and not to be passed on to third parties;

4.1.6. all data and information, which he receives from other users when using Juwelle.de, Not to be passed on to third parties and to be treated confidentially. This obligation applies beyond the termination of the contract;

4.1.7. to only use his account himself or through an authorized representative and not to offer or allow third parties the services acquired without the consent of Juwelle.de leave. This also applies to services, which the user does not allow other users from his account to use. The user has to ensure, that his user access to Juwelle.de and the use of the services available on Juwelle.de only through him or. by the person authorized by him. There is a suspicion, that unauthorized third parties have or will gain knowledge of his access data, Juwelle.de must be informed immediately. The user is liable for any use and / or other activity, which is executed under his access data, according to the legal regulations.

4.1.8.if he has multiple accounts (z.B. for own employees) assigns each user account to only one person and only that person uses the account. Juwelle.de stays open, to control compliance with this usage restriction also by technical means. Juwelle.de can levy a contractual penalty for each unauthorized use in the event of non-compliance. Juwelle.de can unilaterally determine the contractual penalty at its own discretion in accordance with the respective circumstances of the individual case. In particular, rights of use can be acquired for employees employed by the user.

4.1.9.for the omission of any act, which could damage or impair the functionality of the technical infrastructure of Juwelle.de and the safe operation of the services of Juwelle.de, affects the availability of the data stored by Juwelle.de or could annoy other users.

4.1.10.do not publish any illegal content on Juwelle.de. In addition, the user undertakes, no third party logos or images, to publish without their prior consent and not to violate any rights of third parties. Especially not offensive, defamatory, pornographic, to publish or refer to content that is harmful to minors or otherwise infringing the law.

4.2. The user undertakes to be the owner of all rights required for publication of the content provided by him and will refrain from doing so, To post content, those against copyright, Brands- and violate competition law regulations.

4.3. It is not allowed, to process the data obtained via Juwelle.de commercially, to trade with this data, or to address users with advertising, if the advertised / offered products or services are in competition with Juwelle.de. In the event of a violation of these provisions, a contractual penalty to be determined by Juwelle.de at its reasonable discretion will be applied. This can amount to up to EUR 15.000 be. Any further claims by Juwelle.de remain unaffected. The contractual penalty will be offset against further claims for damages.

5. Deletion of content, Blocking users, User liability

5.1. Juwelle.de keeps the right open, to delete content published by users or not to publish certain content, if these are unlawful, offend against good morals or the rights of third parties, are incompatible with the purpose and form of Juwelle.de, especially if they are wrong, if you contradict these terms of use, or if the publication is unreasonable for other reasons. The above right, to delete content published by users or not to publish certain content, also exists in cases, in which the accuracy of a published or to be published content is in dispute between two or more users, until the dispute is finally resolved. In addition, Juwelle.de reserves the right, to correct content published by users in this respect, than this misspelling, obvious mistakes or typographical errors (z.B. "Mistake" or "number rotator") contain.

5.2. Juwelle.de is entitled, to temporarily block the user account or to terminate the contract with the user in accordance with section 9.2 to terminate extraordinarily for an important reason, if the user violates obligations, which meet him in accordance with the provisions of this contract. Membership fees already paid will not be reimbursed. They will be retained as lump-sum compensation. It is possible to provide evidence to the member, that a damage is not resp. did not arise in the corresponding amount. If the proof is effective, Juwelle.de will reimburse corresponding membership fees proportionally, provided that they exceed the damage incurred. Further claims remain unaffected, with the flat rate compensation being offset against further claims for damages.

5.3. The user is prohibited from doing so, the services offered by Juwelle.de with other user accounts, including such user accounts, that were created for third parties, or log in again to register on Juwelle.de, if the user through Juwelle.de according to paragraph 5.2 was temporarily or permanently excluded from the use of services or the existing contract with the user was terminated. In the case of temporary or. Unlimited blocking, Juwelle.de blocks user access and notifies the user of this by email. In the event of a temporary blocking, Juwelle.de reactivates the access authorization after the blocking period has expired and notifies the user of this by email.

5.4. In the event of a violation of the rights of third parties through publications by the user on Juwelle.de, the user releases Juwelle.de from all claims by third parties. Also the necessary legal costs, including all court- and legal fees at the statutory rates are included in the exemption. The user is still obliged, To provide Juwelle.de with truthful and complete information and information immediately in the event of a claim by a third party, for the examination of the claims and, if necessary,. necessary defense against which claims are required.

5.5. Juwelle.de reserves the right until a binding clarification has been reached, to temporarily block data, if their correctness is doubtful, or third parties (especially other users) in this context, have comprehensibly asserted their own rights or even a violation of the law.

6. Prices and terms of payment

6.1. For the fee-based offers from Juwelle.de, the prices valid at the time of the respective service provision and which can be viewed on Juwelle.de apply.

6.2. The fees for receiving the services from Juwelle.de are due for payment as follows:

• The fees and charges for services provided by Juwelle.de are payable and due immediately upon receipt of the invoice or in accordance with the payment terms specified on the invoice. Delay occurs immediately after the due date.
• The user agrees to this, that invoices and payment reminders can be sent by email.

6.3. Juwelle.de reserves the right to adjust the current prices. Adjustments to the scope of services and price adjustments apply immediately to all newly concluded memberships and existing customers.

6.4. As far as the user of Juwelle.de special conditions or. Compared to the current prices, reduced fees are offered or granted, refer to these special conditions or. reduced fees exclusively to the individual, Contract period justified in connection with the special offer. In the case of a new contract, the fees to be paid apply – subject to an expressly different individual regulation – according to the general prices applicable at the time of the respective service provision and the prices available on Juwelle.de.

6.5. Only if counterclaims from Juwelle.de are bindingly recognized or have been legally established, the withholding of payments or offsetting against counterclaims by the user is permitted.

6.6. Payment by direct debit, Credit cards and PayPal are handled by external contract partners, which are named on Juwelle.de under this link. In the event of an unjustified cancellation, claims of Juwelle.de will be assigned to those of the aforementioned contractual partners, who carried out the corresponding payment transaction. Further processing then takes place exclusively in the relationship between the user and that of the aforementioned contractual partners, who carried out the corresponding payment transaction.

7. liability

7.1. Juwelle.de. Is not liable for the correctness, Completeness or legality of information, published by users. The one on Juwelle.de, the participant pages of Juwelle.de in social networks (z.B. Facebook, Instagram, LinkedIn) Contents published by users do not reflect the opinion of Juwelle.de and are not guaranteed to be correct, Checked for completeness or legality.

7.2. Juwelle.de is liable, for whatever legal reason, for damage only, when Juwelle.de, whose legal representatives or vicarious agents caused the damage through gross negligence or intent or the damage can be traced back to a breach of an essential contractual obligation.

7.3. In the case of liability for the breach of an essential contractual obligation, without Juwelle.de being guilty of gross negligence or intent, as well as liability for gross negligence or intent on the part of employees, who are not managing directors or executives of Juwelle.de, is the liability of Juwelle.de for the typically foreseeable damage, which, as a rule, does not exceed an annual usage fee in terms of its amount, limited.

7.4. Liability in the event of an injury to life, Body or health as well as liability for an assumed guarantee remain unaffected by the above provisions.

7.4. Juwelle.de hereby expressly distances itself from all content on all pages linked and connected by users, which can be accessed from the Juwelle.de website. This applies to all links and references set within the company's own website as well as to third-party entries in guest books, Discussion forums and mailing lists. For illegal ones, incorrect or incomplete content and in particular for damage, resulting from the use or non-use of such information, the respective provider of the linked page is solely responsible and not Juwelle.de as the one, which merely refers to the respective publication via links.

8. data protection

8.1. Juwelle.de raises, processes and uses user data within the framework of the applicable data protection laws.

8.2. To the privacy policy (click here) being point out.

9. Termination of the contract

9.1. The contract for free membership can be terminated by the contracting parties at any time without giving a reason.

9.2. The right to extraordinary termination for good cause remains unaffected. In particular, there is an important reason, if the user violates legal regulations, violates essential obligations under this contract or significantly endangers the good reputation of Juwelle.de.

9.4. After the termination of the contract, Juwelle.de is entitled, to delete all content published by the user on Juwelle.de.

10. Final provisions

10.1. Changes or additions to this contract must be made in writing. This also applies to the written form clause. Oral side agreements have not been made.

10.2. The assignment of claims of any kind against Juwelle.de to third parties is excluded. § 354 a HGB remains unaffected.

10.3. Juwelle.de reserves the right, to change these general conditions of use. Juwelle.de will inform the user about the new terms of use in good time before the planned entry into force of the changes. In this case, the user has the right, to terminate the contractual relationship immediately after receiving this information.

10.4. The law of the Federal Republic of Germany is applicable to the exclusion of the UN sales law (Convention of Contracts for the International Sales of Goods, CISG). As far as the user is a businessman, is a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany, the court at the headquarters of Juwelle.de is agreed as the exclusive place of jurisdiction. However, Juwelle.de is also entitled, to sue at the general place of jurisdiction of the user.

10.5. Should a contractual provision be wholly or partially ineffective, this does not affect the effectiveness of the remaining clauses and the remaining parts of such clauses. The contracting parties are obliged, to replace ineffective parts of a clause immediately by such an agreement by way of the supplementary agreement, which comes closest to the economic result of the ineffective provision. In case of doubt, the ineffective provision is deemed to be replaced by such an agreement.

Berlin, 01.03.2020