General Terms and Conditions
TRENDONE GmbH (hereinafter referred to as “TRENDONE”) with headquarters in Hamburg and registered in the commercial register of the Hamburg Local Court under HRB 114145 is a company that defines itself as a driving force for innovations.
Our products and services are primarily made for entrepreneurs and business men. As a private person, you are also allowed at any time to purchase through our online store or to book our services directly from us.
You have the option to complete the contract in German or English.
TRENDONE also runs an online database at www.trendexplorer.com (hereinafter referred to as “Trendexplorer”) and at www.trendmanager.com (hereinafter referred to as “Trendmanager”).
§ 1 Validity of terms and conditions
(1) These General Terms and Conditions shall apply to all offers, deliveries and services provided by TRENDONE, provided no other conditions – particularly in the product-related order forms and online orders – have been agreed upon.
(2) The General Terms and Conditions shall apply in the version that is valid at the time of the customer’s order.
(3) TRENDONE shall not recognise any diverging conditions from the customer, unless TRENDONE has expressly agreed to their validity in writing.
§ 2 Conclusion of contract and scope of services
(1) By sending a filled in and signed order form to TRENDONE or by placing an online order after clicking on the [Buy now] button, the customer pledges to buy the selected service.
(2) A contract between the customer and TRENDONE shall come into effect when TRENDONE accepts the customer’s offer by sending a separate confirmation of order by e-mail or delivering the product within 5 days to the customer.
(3) The details and conditions entered in the order form for the respective product are decisive for the scope of services. In the event of an online order, the product description displayed for the online order shall act as the order form.
§ 3 Prices
(1) The prices for the products ordered by the customer from TRENDONE are taken from the price lists valid at the time of the order and from the price details in the order form. The prices stated in the order form shall apply in the event of any deviation to those in the price lists.
(2) All prices, expenses and costs for products and services that you negotiate directly with us in order forms are shown without VAT.
§ 4 Delivery/Invoicing
(1) Unless otherwise agreed, deliveries shall be made to the delivery address stated by the customer. Details on delivery dates are non-binding, unless as an exception TRENDONE has pledged to observe specified delivery dates. In the event of the products being sent digitally, the delivery shall be made by email to the email address stated by the customer.
(2) The invoice shall always be sent to the address stated by the customer when placing the order, provided the customer does not state a different address when placing the order.
§ 5 Duration/Termination
(1) The duration of contracts for recurring services from TRENDONE shall be taken from the duration agreed upon in the order form. In this event, there can be no proper notice of termination before the end of the stated duration period. At the end of the duration period, the contractual relationship shall come to an end without any termination being required.
(2) In the event that no duration period is agreed upon, the contract shall run for an indefinite period of time and can be terminated by observing the notice of termination stated in the respective order form. If no notice of termination has been agreed, a contract running for an indefinite period of time can be terminated with a period of 3 months’ notice to the end of the month.
(3) Termination of the contract for good cause is possible at any time.
(4) Termination must be made in written form.
§ 6 Reservation of title
The delivered products shall remain the property of TRENDONE until they have been fully paid for. Before the transfer of title, there can be no hypothecation, transfer by way of security, processing or transformation without our agreement.
§ 7 Guarantee
(1) Any obvious defects to the ordered products must be reported in writing to TRENDONE immediately after being received, and no longer than one week after the delivery.
(2) Otherwise, the guarantee shall be in accordance with the statutory regulations.
§ 8 Liability
(1) TRENDONE shall be fully liable for damage caused by intent or gross negligence as well as (even in the event of slight negligence) for any injury to life, limb or health.
(2) In the event of slight negligence (with the exception of injury to life, limb or health), TRENDONE shall only be liable if TRENDONE infringes against core duties arising from the contract (material obligations) and only as far as the damage that is typical for the contract and predictable is concerned. Material obligations are those obligations which characterise the contract and in whose fulfilment the customer may trust.
(3) In all other cases, the liability of TRENDONE is excluded regardless of the nature of the claim being asserted. In particular, TRENDONE shall not be liable for the collapse of any internet connections or technical problems on the part of the user of the Trendexplorer.
(4) The above-mentioned liability restrictions shall also apply to any infringements of obligations on the part of TRENDONE’s employees, vicarious agents and legal representatives.
(5) The above-mentioned liability restrictions shall not apply for liability without fault, particularly as a result of guarantee.
§ 9 Rights of use and copyright
(1) All copyrights for the delivered products shall remain with TRENDONE.
(2) The nature, scope and duration of the rights of use for the purchased products shall be taken from the order form or the online product description of the ordered products. Provided nothing else has been agreed upon, the commercial use and reproduction of the texts and photos in the products and in the entire internet offer from TRENDONE are forbidden without the prior agreement of TRENDONE.
(3) All products of TRENDONE, in particular the physical and electronic documents and files (e.g. PDF, DOC, PPT files, HTML/PHP pages, video and audio files etc.) and their printouts, are subject to the valid copyright and trademark provisions, which the customer must observe. TRENDONE expressly points out that the products of TRENDONE may contain images, audio, video or text elements with third-party copyrights and trademark protection rights which must be observed by customers.
(4) The products bought from TRENDONE are for the exclusive use of the customer. It is forbidden to reproduce the products, forward them to third parties or publish them in any other way – even in part – without the prior express agreement of TRENDONE.
§ 10 Specific clauses for the Trendexplorer and Trendmanager:
(1) The customer is obliged to maintain confidentiality regarding the access data made available to him for the Trendexplorer / Trendmanager and to prevent any third-party use of the access data. In the event of any suspicion regarding the misuse of the access data, TRENDONE shall be entitled to block access to the Trendexplorer / Trendmanager. The customer shall be liable for any misuse of the access data transferred to him. The customer shall also be responsible for ensuring that the users of the Trendexplorer / Trendmanager in his employment observe the obligation to maintain confidentiality regarding the access data.
(2) TRENDONE is entitled to amend and update the content of the Trendexplorer / Trendmanager at any time. This also includes the right to fully or partially remove data and data collections provided from TRENDONE from the database.
(3) TRENDONE shall endeavour to keep access to the Trendexplorer / Trendmanager open every day for 24 hours. However, temporary downtimes are unavoidable due to the technical measures required to carry out the maintenance, further development and improvement of the database and the system environment.
(4) The customer is allowed to print out a reasonable amount of the documents or parts of documents accessed in the Trendexplorer / Trendmanager. He is also entitled to download a reasonable amount of documentation for the purpose of their inclusion in his own documents. However, the user is not allowed to digitally archive the accessed TRENDONE generated documents or document parts permanently.
(5) The nature, scope and duration of the rights of use for documents and document parts from the Trendexplorer / Trendmanager shall be taken from the description of the selected access package for the Trendexplorer / Trendmanager. The user is not entitled to collect the content of the Trendexplorer / Trendmanager as his own database or to make such a database or parts thereof available to third parties gratuitously or non-gratuitously.
§ 11 Specific clauses for event tickets
(1) In case of cancellation: A processing fee of Euro 100,- plus VAT will be charged up to 6 weeks before the event takes place. Thereafter, the cancellation fee is 50 % of the ticket price. In case of non-appearance or cancellation from 7 days before the event day, the full ticket price will be charged. Termination must be made in written form. A substitute participant can be called at any time free of charge.
§ 12 Final provisions
(1) The legal relations between the customer and TRENDONE shall be exclusively subject to the law of the Federal Republic of Germany.
(2) The place of fulfilment is Hamburg. Insofar as the customer is a commercial party or the customer has no general place of jurisdiction in Germany or in another EU Member State or, in accordance to the application of these General Terms and Conditions, the customer has transferred his place of residence to a foreign country or the customer’s permanent or current place of residence is unknown in the event of legal action being brought, the exclusive place of jurisdiction shall be Hamburg.