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GENERAL TERMS & CONDITIONS
Last updated: April 18, 2023
Contents
2 General Terms of Access and Use of Marketplace Websites
2.2 Customer Account for Services
2.1.4 Terminating the use of KulturCart services
2.1.5 Warranties and Limitation of Responsibility (or What You Can't Sue Us For)
2.1.6 Indemnification (or What Happens If You Get Us Sued)
2.1.7 Disputes with Other Users
2.1.8 Breach of the user's conditions of service
3 General conditions of use for kulturcart.de ("Our online offer")
3.1 Scope and Contractual Partner
3.2 Conclusion of the purchase contract and order processing
3.4 Order Cancellation, Withdrawal and Refund
3.1.3 Exceptions to the Cancellation Policy
Thank you for your interest in KulturCart's Terms of Service and Conditions of Use.
Please note that we have additional legal documents for vendors. This page contains the Vendor's Agreement and other legal policies.
These General Terms and Conditions (the "Agreement") are entered into by and between KulturCart ("we,” “us," "our") and the user ("you," "your," "yours") who accesses or uses kulturcart.de, our mobile apps, and the other services KulturCart provides (we'll refer to all of these as our "Services"). By accessing or using our website, you accept the terms of this agreement.
The term "Buyer" refers to anyone who buys something from a local vendor through our website.
"Vendor" or "Seller" refers to any seller in Germany who uses our website to sell goods or services.
The term "services" refers to any services we offer via our website, including but not limited to the operation of an online marketplace.
These general terms and conditions are referred to as the "Terms."
The section "2. General Terms of Access and Use of Marketplace Websites" contains relevant information for all parties.
The section "3. General Terms of Use of KulturCart.de Marketplace" overviews the marketplace and its operations.
1 Scope
Our website, www.kulturcart.de, is a marketplace where local vendors sell their products under their names, businesses, and for their accounts. The sellers are businesspeople as defined by 14 BGB. Generally, only end users (within Section 13 of the German Civil Code) are targeted as customers.
KulturCart Services connects buyers and sellers (based in Germany) of multicultural products from other regions (e.g., African, Asian, Latin American, etc.), both online and offline. Here is a guide to assist you in understanding how to use KulturCart and the policies that apply to your usage of the services:
- Buyer Guide
- Seller Guide
Policies featured in our buyer and seller guidance pages are part of our terms, so read the ones that apply to you. Of course, you should still read the remainder of this agreement because it is relevant to everyone!
2 General Terms of Access and Use of Marketplace Websites
2.1 About Your Privacy
Your privacy is important to us, and we take the responsibility of protecting it seriously. Our Privacy Policy explains how your data is collected, utilized, and shared when you use our services. You also consent to our privacy policy's data processing by using our services.
KulturCart and the marketplace vendor(s) process buyers' data (such as buyer name, email address, and shipping address) and are considered different and independent data controllers under EU law. That implies each party is accountable for the personal information it processes to provide the services. If a vendor unintentionally reveals or misuses a buyer's information while fulfilling an order, the seller, not KulturCart, is liable.
2.2 Customer Account for Services
There is no mandatory registration required to access our site. However, to make purchases through the marketplace and vendor microsites and use some features and services on our website, you will need to create a personal customer account (account, for short).
2.2.1 Signup and Login
Certain KulturCart services are typically free and do not require registration. Registration is essential to access KulturCart’s services (such as placing orders). As a user, you agree to use your registered account strictly for your own purposes. This includes users not registering and/or signing in with third-party identities and unauthorized usage of third-party data. KulturCart provides multiple methods for registering for services, including email registration and login with social profiles such as Google.
Here are a few guidelines for KulturCart accounts:
- Age restriction: To use our services, you must be at least 18 years old. Under the supervision of a parent or legal guardian, minors under 18 and at least 13 years old can use our services. Services from KulturCart are not available to children under 13. You are responsible for a minor's account activity on your account, and you may want to limit their access to certain commercial products or services.
- Be truthful about yourself. Your account cannot be used to lie about yourself or impersonate someone else.
- You are solely responsible for your account activity. If you share an account with others, the individual whose personal information is stored on the account is ultimately accountable for any behavior. By registering as a business (a "Vendor Account"), you represent and warrant that you have the authority to bind the company to these Terms. In addition, you cannot transfer your account to anyone.
- Password security: Users must keep their passwords private and not share them. KulturCart will never ask for your password. For safety and to prevent misuse, a secure password should be chosen and changed often. The user is solely responsible for the security of their access data. By registering and using KulturCart services, the user accepts these conditions. Users can manage their accounts in the account section.
2.2.2 User Obligations
- User Content: When contributing content utilizing KulturCart services, e.g., reviews and comments, users agree not to violate our policies and contractual and legal obligations. This obligation includes not violating third-party copyrights, personal rights, patent and trademark rights, and other rights; following applicable criminal laws and youth protection regulations; and not posting anything racist, grossly offensive, pornographic or sexual, youth-endangering, extremist, glorifying, or downplaying violence, glorifying war, or advertising for a terrorist or extremist political party.
- Right to utilize user content: The user owns all transmitted, published, and displayed content on KulturCart. By transmitting, publishing, or displaying content via a KulturCart service, users grant KulturCart a simple (non-exclusive), spatially unrestricted, free-of-charge, and transferable license to content in all media (analog and digital) and across all platforms to use, duplicate, reproduce, process, adapt, modify, publish, transmit, display, and distribute, store, archive, and, where appropriate, own any means of distribution that are currently known or will be. This permits us to deliver the services and advertise KultutCart, Vendor Shop, or the services in any format and through any channel, including across any KulturCart service, our partners' websites, third-party websites or advertising media. You agree not to sue us for moral or publicity rights by allowing us to utilize your content. You also acknowledge our legitimate interest in utilizing it under this license if your content contains personal information.
- KulturCart respects intellectual property rights and is committed to removing infringing content. Users can complain by contacting service@kulturcart.de, and KulturCart reserves the right to remove allegedly illegal content without prior notice and at its discretion. The account may be terminated if a valid report of infringement is received.
- You agree not to transmit any offensive content, harassing, defamatory, obscene, vulgar, or otherwise inappropriate, or that violates our Prohibited Items Policy, Community Policy, or any other provision of our Terms. You also agree not to publish false and misleading content or use our services fraudulently or deceptively.
- KulturCart welcomes you to share your non-confidential and non-proprietary ideas and information with us. They can assist us in improving your experience as well as our services. You offer us a non-exclusive, global, royalty-free, irrevocable, sub-licensable, and permanent right to use and publish those concepts and information for any purpose without compensation to you.
- KulturCart provides written legal material from time to time. By using our services, you agree that we can provide information electronically rather than mailing paper copies and that our electronic agreement is equivalent to a paper signature.
2.2.3 Ratings and direct mail
- Rating System: Kulturcart.de allows users to evaluate and review orders, vendors, blog entries, etc. Users must submit accurate, factual information and include only factors directly connected to the scenario. Illegal content, connections or referrals to external websites, and advertising for non-marketplace offers are not permitted. The marketplace may remove reviews if there are signs of a breach of these general terms and conditions or another applicable law.
- Direct mail: Suppose a customer has purchased through the marketplace. In that case, the marketplace uses the customer's account e-mail address for service information like satisfaction surveys, reviews, cart abandonment alerts, etc. It promotes its own or vendor-similar offers through e-mail.
- Direct advertising and other information about services will be sent via the newsletter. The processing can be objected to at any time, and revocation of consent to the storage of personal data collected during the registration process can be communicated in text to the following address: service@kulturcart.de.
- No liability for Partner sites: No liability for Partner sites:
- As the operator of this website, we may collaborate with numerous partners that also provide services on their websites that are available via our website. These partners may have their privacy statements and/or policies. We are not responsible for the content or privacy practices of our partners.
- Copyright / Trademark Rights: No liability for Partner sites:
- As the operator of this website, we may collaborate with numerous partners that also provide services on their websites that are available via our website. These partners may have their privacy statements and/or policies. We are not responsible for the content or privacy practices of our partners.
2.2.4 Terminating the use of KulturCart services
- Termination by User: Users may discontinue the use of KulturCart at any time and for any reason. Profiles on the KulturCart website and/or services can be deleted at any time by deleting the customer account in the "My Account" area, provided that no other contractual ties, for example, outstanding payment claims, hinder this. If a customer's KulturCart account is deleted, the profiles in the KulturCart system are also deleted and anonymized (all the personal data is replaced with completely random data). Anonymizing the data will allow us to maintain associated statistics such as order history for the marketplace while also ensuring that sellers are not misled about their tax retention responsibilities. Orders are no longer possible if an account is deleted without a fresh registration. After the applicable commercial and tax retention obligations have expired, all information will be permanently erased. Contents sent, exported, or otherwise sent to other social media platforms and/or third parties by KulturCart, the user, and/or other users when using KulturCart's services and/or functionalities, such as a sharing function, are not deleted. To safeguard the user from unlawful deletion of his customer account by other parties, KulturCart may be entitled to conduct an identity check, such as by sending an email requiring the user to confirm the final deletion. Upon deleting, do an identity check, for example, by sending an email in which the user must confirm the final deletion. Upon deleting, do an identity check, for example, by sending an email in which the user must confirm the final deletion.
- Termination by KulturCart: If we have reason to think you, your content or your use of the services violate our terms, we may terminate or suspend your account (and any accounts we determine are connected to your account) and your access to the services. If we do, you must realize that you have no contractual or legal right to continue using our services, such as selling or buying on our websites or mobile apps. Generally, KulturCart will inform you that your account has been terminated or suspended unless you have repeatedly violated our terms, or we cannot notify you for legal or regulatory reasons.
if you or Kulturcart terminate your account, you may lose any information connected with your account, including your content.
2.2.5 Warranties and Limitation of Responsibility (or What You Can't Sue Us For)
We work hard to provide the best services, but things can go wrong. Our services are provided "as is" without warranty (express or implied). KulturCart is not liable for any direct, indirect, special, or consequential loss or damage suffered by users as a result of using our services and caused by communication or power line failures, mobile network operator failures, harmful software, unfair third-party actions aimed at unauthorized access and decommissioning of KulturCart's software and hardware, or force majeure. KulturCart does not have to compensate users in such situations.
We make no assurances that.
- The services will be safe and accessible at all times and in all locations.
- Any flaws or errors will be rectified.
- The services will be clear of viruses and other harmful components.
- The services' outcomes will satisfy your expectations.
You use the services entirely at your own risk.
KulturCart is only liable for intentional or grossly negligent harm to life, limb, or health caused by KulturCart, its legal representatives, or contractual operators. Other than that, KulturCart's liability is limited to the damage that could have been expected from a slightly negligent breach of cardinal obligations, which are necessary for the proper performance of the services and on which the user can depend. KulturCart's legal representatives and contractual employees' liability is also limited.
We reserve the right to change, supplement, delete, and discontinue parts of our services, the services as a whole, individual functionalities, and the entire offer without prior notice, e.g., to implement a court judgment or official decision, in the event of law changes; to close security gaps; or to expand the service offer.
- Items You Purchase: You acknowledge that KulturCart does not produce, store, or inspect any items sold via our services. Because the items on our platform are created, listed, and sold directly by independent vendors, KulturCart cannot and does not make any assurances or warranties regarding their quality, safety, legitimacy, or legality.
Any legal claim arising from the purchase of an item must be made immediately against the item's seller. You agree to release KulturCart from any claims relating to items and services purchased through our services, including claims for unreliable and defective items, seller misrepresentations, or items that caused bodily harm (similar to product liability claims).
- Content You Access: When using our services, you may come across things that you find offensive or inappropriate. We make no guarantees about any content posted by users on the platform. KulturCart is not liable for the accuracy, copyright compliance, legality, or decency of user-posted data accessed through the services. You waive all liability for that material.
- Interactions With Others: You can use our services to engage with others online or in person, for example, by leaving comments and reviews on products and pages. You acknowledge, however, that we do not review users of our services other than to satisfy certain compliance and legal obligations. You release us from any liability arising from your interactions with other users. Please be cautious and use good judgment in all interactions, particularly when conversating or meeting someone in person.
- External Service Providers: Our services may include links to third-party websites or services over which we have no authority (for example, links to Facebook, Twitter, and Pinterest). Some of our Systems may also require you to use a third-party product or service (for example, a compatible device or software system to use our apps). You use these third-party services entirely at your own risk. To use the services of these third parties, you may need to agree to their respective conditions of service. These agreements are exclusively between you and the third party, and KulturCart is not a party to them.
2.2.6 Indemnification (or What Happens If You Get Us Sued)
We certainly hope it never comes to this, but you agree to defend and indemnify KulturCart if we are sued for something you did. You agree to indemnify, defend, and hold harmless KulturCart, vendors, and employees from any claim, demand, loss, liability, expense, or damage (including reasonable attorneys' fees) resulting from any third-party allegation that you or your account use of the services violated their rights or caused damage.
Even if you are indemnifying us, we retain the right to control our legal defense, and you agree to timely cooperate and help us carry out whatever strategy we ask you to.
2.2.7 Disputes with Other Users
If you dispute with another KulturCart user or third party, we recommend contacting the other party to settle it amicably.
Dispute support example: buyers and sellers who can't settle a transaction dispute on our websites or mobile apps can report to us. KulturCart will try to help you resolve disputes fairly and at our sole discretion based on our understanding of our policies. We will not make a legal judgment and have no obligation to settle disputes.
You agree to let KulturCart off the hook for any claims, demands, and damages from disagreements with other KulturCart users or parties.
2.2.8 Breach of the User's conditions of Service
KulturCart reserves the right to temporarily or permanently disable access to or delete the user's customer account (and any associated content) should the user breach these terms and conditions or other policies.
3 General conditions of use for kulturcart.de ("Our online offer")
3.1 Scope and Contractual Partner
Our platform provides a marketplace where various natural and legal persons and partnerships ("vendors") can offer and sell goods, provided their offers, purchases, or publications do not violate legal or contractual provisions. Customers can choose between different vendors to purchase their desired products. The vendors are responsible for the legality of their offers and the execution of the orders.
3.2 Conclusion of the purchase contract and order processing
The purchase contracts are concluded exclusively between customers and vendors. The order, from checkout to conclusion, is processed via our platform, but the legal responsibility for the offer and the execution of the order lies with the respective vendor.
3.3 Payment processing
We use Stripe as our online payment processor to ensure a secure, reliable, and efficient payment process for our customers. Stripe accepts major credit and debit cards, and you can find more information about their payment processing services by visiting their website at https://stripe.com. By using our marketplace and completing payments through Stripe, you agree to their terms and conditions and privacy policy. Please note that we are not responsible for any issues that may arise from using Stripe as a payment service provider. Any payment-related concerns should be addressed directly to Stripe.
For more information on Stripe's terms and conditions and privacy policy, please visit the following links:
- Terms and conditions: https://stripe.com/terms
- Privacy policy: https://stripe.com/privacy
When making a payment, you may be redirected to Stripe's secure payment page, where you can enter your payment details. We do not store your payment information, as it is all handled through Stripe.
- If a vendor accepts cash payments, the payment is made directly to the vendor and is subject to the vendor's policies and delivery method. The vendor will provide you with their delivery method information during checkout.
3.4 Order Cancellation, Withdrawal and Refund
3.4.1 Right of withdrawal:
Vendors on our marketplace are responsible for creating their policies regarding order cancellations, returns, and refunds, in accordance with EU law and our marketplace policies. As a buyer, it is important to familiarize yourself with the vendor's policies before making a purchase.
It is sufficient for you to communicate regarding your exercise of the right of cancellation before the cancellation period has expired.
For additional information on the exercise's scope, content, and instructions, please get in touch with the respective item seller.
3.4.2 REFUNDS
If a vendor approves a refund, the payment will be made immediately and, at the latest, within fourteen days from the order returned goods received. For such a refund, the vendor will use the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, depending on the delivery methods chosen, you may incur fees due to such a refund.
3.4.3 Exceptions to the Cancellation Policy
Vendors may have exceptions to the right of cancellation. Please refer to the vendor's policies before making a purchase.
3.5 Your Privacy
When placing an order on our marketplace, the information you provide will be used to process and fulfill the order. This information may be shared with third parties to complete the transaction, including vendors and payment providers. Vendors also have access to the review and communication system and can view message exchanges related to their products. Our full privacy policy is available and is an integral part of these general terms and conditions.
4 Miscellaneous
4.1 Policy changes
We may revise these terms and conditions at any moment and without prior notice. We may notify customers via email of any changes to the General Terms and Conditions at least two weeks before they take effect; if the customer does not dispute the new terms and conditions within two weeks of getting the email, the customer is deemed to have accepted the new terms and conditions. Changes will be effective immediately upon posting on the website. It is the responsibility of users to regularly review the general terms and conditions for updates and changes.
4.2 Dispute with us
The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention when it comes to legal relationships with consumers. If the customer does not have a general place of jurisdiction in Germany or if the customer is a merchant within the meaning of the German Commercial Code (HGB), the place of jurisdiction for all legal disputes is the jurisdiction of the marketplace. The marketplace operator reserves the right to assign all or specific rights and obligations under this contract to third parties and is required to notify consumers of the existence of the European online dispute resolution platform. The European Commission is in charge of setting up the platform. Under the Consumer Dispute Settlement Act, the marketplace operator is neither willing nor required to participate in a dispute resolution process before a consumer arbitration board.
