General terms and conditions with customer information
1. Scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The sales contract is concluded with TrendRaider GmbH.
The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the use the correction aids provided and explained in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The receipt of your order will be confirmed by email immediately after the order has been sent.
When the contract is concluded with us depends on the payment method you have chosen:
SEPA direct debit
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
Prepayment
We will accept your order by sending you a declaration of acceptance in a separate email within two days, in which we will give you our bank details.
Credit card
When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we will request your credit card company to initiate the payment transaction and thereby accept your offer.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
Sofort by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you can confirm the payment order. This creates the contract with us.
All offers are valid "while stocks last" unless otherwise noted on the products. Errors excepted.
In our online shop you have the option of purchasing individual orders (e.g. trend products, themed boxes or 1-month boxes) and subscriptions. The terms of the subscriptions and the payment modalities are shown on the respective product pages. The customer is also aware that when ordering surprise boxes (referred to as "trend boxes", "gift boxes" or "theme boxes" on the website), the exact contents of the box to be delivered, i.e. the respective products, are unknown. The associated element of surprise is the core element of the TrendRaider idea. Accordingly, the customer is not entitled to the delivery of a specific product. The products presented on the website are exemplary contents of the boxes or past boxes. Furthermore, we would like to point out that products sent by TrendRaider in the boxes can differ within a month. This is mainly due to the customization of the boxes.
3. Runtimes & Cancellation of Subscriptions
In the case of offers with fixed terms (12-month subscription, 3-month subscription), you can easily cancel your subscription at any time on a monthly basis after the end of your term.
In the case of offers without a fixed term (flexible subscription), the contract ends after the minimum term has expired as soon as written notice of termination is received by email to support@trendraider or by post to: TrendRaider, Gehringstraße 39, 13088 Berlin. You can also simply use our cancellation form. The purchase price claim of the seller is due monthly without prejudice to a statutory right of withdrawal for a completed subscription.
4. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by email. For security reasons, the text of the contract is no longer accessible via the Internet.
5. Terms of Delivery
In addition to the stated product prices, shipping costs may apply. You can find out more detailed provisions on any shipping costs that may be incurred under the offers.
We only deliver by mail. It is unfortunately not possible to collect the goods yourself.
Customers are informed about delivery times and delivery restrictions (e.g. restrictions on deliveries to certain countries) on a separate information page and within the respective product description.
6. Payment
The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the available means of payment on a separate information page. In any case, the goods will only be shipped after receipt of payment. All prices stated on the seller's website include the applicable statutory sales tax.
The following payment methods are generally available in our shop:
Prepayment
If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, despite the fact that it is due, even after a renewed request, the seller has a contractual right of withdrawal. If the seller exercises this, the mutual performance obligations expire. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of advance payments is therefore made for a maximum of 10 calendar days.
Credit card
When placing the order, enter your credit card details. After your legitimation as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
SEPA direct debit
By submitting the order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called pre-notification). A bank business day is every working day with the exception of Saturdays, national public holidays and December 24th and 31st of each year. The account will be debited before the goods are shipped.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order. Your account will be debited immediately after placing the order. You will receive further information during the ordering process.
Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, and have the Apple Pay function activated , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You will receive further information during the ordering process.
Novalnet AG
Payment institute (ZAG) Feringastr. 4 85774 Unterfoehring Germany
6.1 Right of withdrawal
Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. At your request, we will release the securities to which we are entitled if the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers:
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
9. Warranties and Guarantees
9.1 Right to Liability for Defects
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following limitations and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- In the event of intentional or grossly negligent breach of duty and fraudulent intent
- In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, if agreed, or
- as far as the area of application of the Product Liability Act is open.
Restrictions on Entrepreneurs
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Rules for merchants
The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and after-sales service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and objections by e-mail at support@trendraider.de.
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and complaints by e-mail at support@trendraider.de.
10. Liability
We always have unlimited liability for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is based on the limited to the damage foreseeable upon conclusion of the contract, the occurrence of which must typically be expected. Furthermore, claims for damages are excluded.
11. Code of Conduct
We have submitted to the following codes of conduct:
Trusted Shops quality criteria
https://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf
12. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
13. Protection of minors
If your order includes goods whose sale is subject to age restrictions, we use a reliable process that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally. In this case, delivery to packing stations is not possible.
14. TrendRaider Community Terms of Service
14.1. Scope: Prior registration is required to use the community functions of this website. The use of the TrendRaider community functions is only permitted if the user accepts these terms of use. This applies in particular to creating and editing articles and uploading media (photos, images, music, videos) and profile information.
14.2. Registration, participation, membership in the community: prior registration is required for use. With successful registration, the user becomes a member of the TrendRaider community. There is no entitlement to membership. The user may not allow third parties to use his access. The user is obliged to keep his access data secret and to protect it from access by third parties.
14.3. Services provided by the provider: The provider allows the user to submit articles for publication on his website within the framework of these terms of use. Within the scope of its technical and economic possibilities, the provider provides users with a form for posting and editing articles free of charge. The provider endeavors to keep its service available. The provider does not assume any additional performance obligations. In particular, the user has no right to constant availability of the service. The provider assumes no liability for the correctness, completeness, reliability, topicality and usability of the content provided.
Unless otherwise agreed, the provider reserves the right to publish the submitted articles.
14.4. Exclusion of liability: Claims for damages by the user are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider if the user asserts claims against them. Excluded from the exclusion of liability are claims for damages due to injury to life, limb, health and claims for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Also excluded from the exclusion of liability is liability for damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
14.5. User obligations: The user undertakes to the provider not to submit any content that violates common decency or applicable law. In particular, the user undertakes not to submit any content,
- the publication of which constitutes a criminal offense or an administrative offence,
- that violate copyright, trademark law or competition law,
- who violate the Legal Services Act,
- that have racist or discriminatory content.
In the event of a violation of the user's obligations, the provider is entitled to delete the submitted content and to block the user's access. The user is obliged to compensate the provider for the damage caused by the breach of duty. The provider has the right to delete content if it could contain a violation of the law. The provider has a claim against the user for exemption from third-party claims that they assert due to the violation of a right by the user. The user undertakes to support the provider in defending against such claims. The user is also obliged to bear the costs of an appropriate legal defense of the provider.
14.6. Transfer of rights of use: The copyright for the content posted remains with the respective user. However, by posting his content on the homepage and on downstream channels (e.g. Facebook), the user grants the provider the right to keep the content permanently available for retrieval and to make it publicly accessible. The provider has the right to move contributions within its website and to connect them to other content.
14.7. Termination of membership: The user can terminate his membership by making a corresponding declaration to the provider without observing a deadline. Upon request, the provider will then block the user's access. The provider is entitled to terminate a user's membership with a notice period of 2 weeks to the end of the month. If there is an important reason, the provider is entitled to block the user's access immediately and to terminate the membership without notice. After termination of membership, the provider is entitled to block the user's access. The provider is entitled but not obliged to delete the content created by the user in the event of termination of membership. A claim by the user to transfer the created content is excluded.
14.8. Change or discontinuation of the offer: The provider is entitled to make changes to its service. The provider is entitled to terminate its service with a notice period of 2 weeks. In the event of the termination of its service, the provider is entitled but not obliged to delete the content created by the users.
15. General Conditions of Participation in Sweepstakes
15.1. These General Conditions of Participation apply to all sweepstakes carried out by TrendRaider. Any additional conditions for the individual competitions take precedence over these conditions.
15.2. Any natural person who has their permanent place of residence in Germany and has reached the age of 18 is entitled to participate in a competition. Subject to legal provisions, persons who only have limited legal capacity are only entitled to participate if TrendRaider expressly permits this for the respective competition and the legal guardian(s) give their effective consent. Legal representatives and employees of TrendRaider and the legally affiliated companies, as well as their first and second degree relatives and relatives by marriage are not eligible to participate. Persons who are not eligible to participate are not entitled to a prize even if a prize is allocated. Participation mediation via participation and entry services cannot be considered.
15.3. Each participant can only participate in their own name. Prizes cannot be transferred to third parties.
15.4. No liability will be accepted for any problems or defects related to computers, connections, networks, etc. used by the participant to send an entry until it reaches the TrendRaider sphere.
15.5. TrendRaider reserves the right, in the event of a change in the legal situation or case law or due to a judicial prohibition, to exchange the respective announced prizes and replace them with other prizes and prizes, to change the respective gameplay or to cancel the competition altogether. In such cases, the winner who may have already been determined is not entitled to any claims against legally affiliated companies.
15.6. In the event of a win, the participant will be notified in text form (in particular by post, email or fax) or by telephone. If it is not a guest list raffle or other product that is subject to short-term expiry, a new winner may be determined if the winner does not respond. The procedure is as follows: If the notification is in text form, the winner is obliged to inform TrendRaider within ten working days of receipt of the notification in the form described there (timely dispatch is sufficient) whether he accepts the prize. If the notification is made by telephone, TrendRaider will leave a message if the winner cannot be reached personally, as far as this is technically possible. The winner must inform Trendraider.de within three working days after receiving this notification in the form described there (timely dispatch is sufficient) whether he accepts the prize. If these deadlines are not met, Trendraider.de is entitled to draw a new winner and allocate the prize elsewhere. Compensation claims of the first drawn winner against Trendraider.de are excluded.
15.7. If the prizes offered are non-cash prizes, TrendRaider will not pay out the equivalent value in money. In the event of a win, the participant declares that any costs, expenses and other services that are not advertised as a prize or included in the prize will be borne by him. Furthermore, TrendRaider assumes no liability for damage caused by the participant and is released from all third-party claims.
15.8. If the participant violates special game rules or these conditions, TrendRaider is entitled to exclude him from participation at any time without prior notice.
15.9. The legal process is excluded.
16. Voucher Conditions
16.1. The voucher can be used for purchases on the www.trendraider.com website.
16.2. A purchased gift voucher will be sent to you in the form of a greeting card by e-mail after receipt of payment. You can pass the voucher on to third parties. In this case, you undertake to no longer use the voucher code or to disclose it to third parties.
16.3. If the voucher value exceeds the invoice amount, any remaining credit will be retained and can be used by entering the voucher code again.
16.4. A cash payment of the (residual) value of the voucher is excluded.
16.5. Vouchers must be redeemed no later than the end of the third year after transmission of the voucher code; after that they lose their validity.
16.6. You undertake to keep the voucher code secret and only to give it to the person you wish to give the voucher to. We assume no liability for the loss, theft or misuse or delayed delivery (e.g. due to technical difficulties) of the voucher code.
17. Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Status: 15.03.2023