Terms & Conditions
ForFriends – digital creative agency Mr. Marek Maurer, Schützenstraße 42, 23558 Lübeck (hereinafter referred to as “PlantsForFriends”) operates the trading platform and community PlantsForFriends (hereinafter collectively referred to as “platform”) on the Internet at www.plantsforfriends.com. PlantsForFriends also makes the platform available as an app for use on mobile devices. These general terms and conditions (hereinafter referred to as “GTC”) apply to any use of the platform’s German-language services.
Table of contents:
2. Subject and scope of the license agreement
3. Registration; Management of the member account
4. Trading on the platform
5. Payment; Due date
7. Paid additional services
9. Member’s obligations
10. Rights and obligations of PlantsForFriends
11. Granting of rights to content posted by members
14. Buyer protection
15. Collection of personal data
16. Final provisions
Natural persons are entitled to use the platform. Commercial providers are only entitled to use after obtaining the prior consent of PlantsForFriends. These terms and conditions regulate the usage relationship between PlantsForFriends and the authorized users of the platform (hereinafter “members”). The usage relationship includes all content, functions, tools and other services including payment services (hereinafter referred to as “services”) that PlantsForFriends provides on the platform. Supplementary conditions may apply to services, which must be confirmed and accepted before use.
2. Subject and scope of the license agreement
With the platform, PlantsForFriends offers members a virtual marketplace for the exchange of goods (“marketplace”) as well as other services such as electronic payment systems, profile pages, comment and notification functions as well as discussion forums.
Within the framework of the license agreement, members have the opportunity to receive offers from other members and to purchase articles, as well as upload their own articles to the relevant marketplace in order to exchange, give away or sell them. Members can also get in touch and communicate with each other in the forum and with private messages. The sale of articles on the platform is generally free of charge. Members only incur costs if additional services are used (see section 7).
PlantsForFriends reserves the right to restrict the use of certain services within the platform – in particular those that require the acceptance of additional conditions or separate consent – to certain members and / or member groups.
As the operator, PlantsForFriends merely provides a platform and thus the technical device to enable goods to be exchanged, payments to be processed and communication between the members. PlantsForFriends is not involved in the contracts concluded between the members via the platform and in the related communication and therefore assumes no liability for the contracts concluded via the platform between members or the content posted by the members.
3. registration; administration of the member account
3.1 Registration as a member
The use of the platform to search for offers, members and forum contents is only possible with registration. Registration is required for all other services, such as the operation of trading via the Platform, the use of one of the electronic payment systems, the submission of ratings or communication with other Members. In order to register on the Platform, the User enters his e-mail address, a member name chosen by him, his place of residence and a password chosen by him. The user confirms that he/she is of age by ticking a box.
Each natural person is only allowed to register once with a single member account. Each member account is created and managed by a single natural person. Member accounts are not transferable.
The data requested in the registration mask must be truthfully stated.
Registration is also possible via a Facebook or Google account. After entering the login data for the Facebook or Google account, the platform can be used with the Facebook or Google data of the members. The link to the Facebook or Google account can be revoked or activated at any time under “My settings”.
PlantsForFriends reserves the right to verify a user’s identity again at a later date or by other means, such as by entering a code that is sent to a mobile phone number of the user or by clicking an activation link that is sent to an email address of the user. As long as the user has not provided the required verification, his account remains blocked.
There is no entitlement to registration. PlantsForFriends can refuse a registration at any time and without giving reasons.
The member name chosen during registration as well as any profile picture chosen by the user must not violate any rights of third parties, especially trademark, personal or copyright rights and must not offend common decency. Furthermore, member names may not consist of an e-mail or internet address.
If the registration is not completed, PlantsForFriends reserves the right to delete the incompletely registered account. PlantsForFriends also reserves the right to block or delete accounts if the use is not in accordance with these terms and conditions (see also section 10.1).
3.2 Administration of the member account
If the data provided during registration changes, the member is obliged to correct the information in his member account immediately. Changes to the member data can be made in the account under “Profile Settings”. A change of the member name is no longer possible after registration.
The member’s chosen member name and password must be kept carefully and may not be passed on to third parties.
Furthermore, members are obliged to inform PlantsForFriends immediately if there is reason to suspect that a third party has gained knowledge of the access data and/or a third party is misusing the account.
3.3 Delete account; terminate user contract
Provided that all outstanding transactions have been successfully completed, the member may terminate his account at any time without notice. For this purpose, it is sufficient to click on the “Delete Account” button in the web version of the platform via the menu item “Settings”.
PlantsForFriends may terminate the user contract at any time with a notice period of fourteen days. The right to terminate the contract without notice for good cause or to block a user (according to section 10.1.) remains unaffected.
All content created by the member within the framework of the membership (e.g. offers, forum content, comments or private messages) will remain accessible for technical reasons after termination of the user contract, but without displaying the member name and with the indication that the content originates from a member who has been deleted in the meantime.
4. trading via the platform
4.1 Posting of offers
Only plants, cuttings, accessories and plant seeds may be offered on the marketplace. Details regarding trading via the platform are additionally set out in the marketplace guidelines. Outside the marketplace, other items may also be offered as long as the offer does not violate the GTC.
All offers must be set according to the respective marketplace categories.
The multiple posting of an article at the same time is prohibited.
Advertising for articles or services offered outside the platform is not permitted.
The member is responsible for offered articles as well as the compliance with all legal regulations. It is prohibited to post offers that violate applicable law, our General Terms and Conditions, the rights of third parties – in particular trademark and copyright laws – or morality, or whose distribution is restricted or prohibited by legal regulations (including laws on consumer protection, protection of minors, unfair competition, export, etc.).
Every member registered as a natural person assures that the offers posted in the marketplace are private occasional advertisements (in quantities customary in households) and that no commercial trade is involved.
Members may only offer articles of which they are the sole owner or over which they may dispose with the consent of the owner. All offers must be described correctly and completely with words and pictures. If PlantsForFriends has integrated the function, the posting of pictures as well as videos to display the article is allowed. In doing so, all properties and features essential for the purchase decision, the purchase price as well as any defects that reduce the value of the offered goods must be truthfully stated. The possible shipping options must also be stated. PlantsForFriends does not guarantee the topicality, completeness or quality of the information provided by members.
All prices have to be quoted in EURO and include sales tax, if applicable, and do not include shipping costs (see section 6).
When uploading an article to the marketplace, at least one truthful photo or, if PlantsForFriends makes this technically possible, a video (hereinafter: “graphical material”) of the offered article in good quality must be attached. Any defects of the article must be visible on the graphical material. The addition of not truthful graphical material (e.g. from the internet or a similar article) is prohibited. Photos and videos are protected by copyright or corresponding ancillary copyrights. The member shall therefore either ensure that when uploading an article, only such image material is used whose sole copyright holder is the member or that the copyright holder has given his or her consent to such use. Furthermore, the publication of corresponding image material may infringe on the rights of persons to their own image and/or their right to their own words. Before publication, the member shall ensure that the consent of all persons who appear on the published image material or whose voice can be heard has been obtained.
It is not permitted to manipulate the search function of the platform, e.g. by improperly inserting brand names or other search terms that are foreign to the article or its description.
PlantsForFriends has the right to technically edit, prepare and adapt offers and contents of members in such a way that they can also be displayed on mobile devices.
Each member is responsible for viewing the complete content of an offer on the platform before making a purchase decision.
4.2 Complaints about offers by PlantsForFriends
PlantsForFriends reserves the right to object to uploaded offers due to insufficient quality of the article or the graphical material or due to incomplete, wrong or otherwise insufficient information or descriptions of the article and to delete them in the marketplace.
PlantsForFriends reserves the right to delete articles without prior notice if they violate applicable law, the rights of third parties, morality, these Terms and Conditions or the marketplace guidelines (see also section 10.1).
PlantsForFriends, however, is not obliged to check the posted offers and other contents and therefore does not take responsibility for the quality of the posted articles, the legality, correctness or completeness of the content.
4.3 Exchanging and giving away articles
If members agree to the exchange or donation of A
4.3 Exchanging and giving away items
If members agree to the exchange or donation of articles posted on the platform, the execution of the contract is the sole responsibility of the members.
4.4 Buying and selling items; automatic termination of the transaction; unilateral termination of the transaction for a special, reasonable reason
a) When buying and selling items, the contract is concluded directly between the affected members without the participation of PlantsForFriends. PlantsForFriends is not involved in the legal transactions concluded via the platform. PlantsForFriends is not liable for any disruptions in the performance of the contract between members (see also clause 12).
b) The posting of an item is considered an offer to conclude a sales contract for the item in question. As long as a contract has not been concluded, the member can delete a posted item at any time without further ado.
c) The conclusion of a contract by pressing the “Buy” button is provided by PlantsForFriends as follows: First the member interested in the purchase chooses the payment method (currently: credit card, IMMEDIATELY bank transfer, platform currency (on the platform called “LEAFS”) and clicks on “Continue”. The member then enters the shipping address, selects the shipping method and confirms the selection by clicking on the “Continue” button. Then the member is shown a summary of the purchase. By clicking on the button “Buy” a contract of sale is concluded between the buyer and the seller. The seller is then obliged to transfer the ownership of the sold item to the buyer. The transfer must take place according to the selected shipping method (see section 6.1). The purchase price is collected directly via the payment method chosen by the buyer and held in safekeeping. The purchase price is usually only forwarded to the seller when the buyer has received the item as described and confirmed this in the system. If the seller is a reliable and trustworthy seller according to PlantsForFriends standards, the purchase price is forwarded to the seller as soon as the seller has marked the item as shipped in the system or – in the case of a prepaid parcel label – the barcode of this parcel label is scanned by the shipping company.
d) If members conclude a contract by any other means than the “Buy” button on the PlantsForFriends platform (e.g. by exchanging private messages), the contract will be governed by the relevant legal provisions. The members will then also independently agree on the means of payment via the medium they have chosen. PlantsForFriends is not involved in the execution of contracts between members and assumes no liability.
e) The purchase contract concluded according to letter c) is concluded under the resolutory conditions that the seller at least becomes active (i.e. at least logs in on the PlantsForFriends system) within two days after the conclusion of the purchase contract and, in addition, the article is shipped and marked as shipped in the system within five days at the latest. If the seller does not become active within two days and/or has not shipped the item within five days, the transaction will be automatically cancelled; in this case the purchase contract will expire. The buyer will be refunded the purchase price paid by him/her, including shipping costs, immediately via the payment method chosen by him/her.
f) The parties to the purchase agreement reserve the right to unilaterally cancel the transaction by withdrawing from the purchase agreement if there is a special, reasonable reason. However, such an abortion is only possible under the following conditions:
– Time of cancellation: On the one hand, the cancellation must take place at a time when the item has not yet been marked as shipped by the seller. It is also only possible to terminate the transaction up to the point at which the transaction is automatically terminated in accordance with letter e).
– Reason for aborting the transaction: On the other hand, the abort must be based on a special, reasonable reason. PlantsForFriends offers a conclusive list of possible special, reasonable reasons for this. In case of doubt, it is the duty of the aborting user to prove that the reason for the abort was actually present.
To the extent mentioned above, buyer and seller are granted contractual rights of withdrawal.
Legal consequence of the cancellation is the expiration of the purchase contract. The buyer will be refunded the purchase price paid by him including shipping costs immediately via the payment method chosen by him.
PlantsForFriends reserves the right to automatically impose sanctions according to section 10.1, such as a bad evaluation or similar measures, in case of (especially repeated) unilateral transaction aborts at the expense of the aborting party.
g) In addition, a cancellation of the contract for both the Buyer and the Seller is only possible in the cases provided by law. The rescission of the contract is the sole responsibility of the members.
h) Auctions to highest bidders are not permitted on the platform.
i) Members are themselves responsible for archiving on a storage medium independent of the platform any content published on the platform which they require for the purposes of contract fulfilment, preservation of evidence, accounting, etc.
4.5 Relisting and reselling (re-listing of purchased items)
Relisting means the re-listing of an item purchased on the platform by the buyer using the item description and the image material of the original seller.
Reselling means the reintroduction of an item purchased on the platform by the buyer, using a new description and adding his own images.
Buyers may use the relisting function (if offered by PlantsForFriends) if the respective seller has not revoked his consent to use his posted offers within the scope of the relisting function (see section 11). The buyer who carries out the listing is responsible as the new seller of the item for the legality and correctness of the offer. In particular, the article must be described and depicted truthfully and completely; if necessary, the description and the image material must be supplemented or changed accordingly.
Whether an item is released for the listing function is at the discretion of the seller and is only recognisable to the buyer after the respective item has been purchased. Reselling, in contrast to relisting, is always possible.
4.6 Deletion of an article after sale
The seller is advised to mark an item as sold as soon as a contract of sale has been concluded with a buyer on the platform. This is done by pressing the “Sold” button.
4.7 Termination of a transaction by PlantsForFriends in case of suspected fraud etc.
PlantsForFriends may at any time, in its sole discretion, suspend or cancel a contract of sale or transaction, or any payment request based thereon, if there is reason to believe that the transaction is fraudulent or illegal or harmful to PlantsForFriends, a User or any third party.
5. payment; maturity
5.1 Purchase price, maturity
The purchase price shall be understood in EURO including the respectively valid value added tax, if applicable, and plus agreed costs for postage, shipping and packaging (“shipping costs”). The purchase price for items purchased via the platform is due for payment immediately upon conclusion of the purchase contract. Payment of the purchase price shall be made in advance.
5.2 Means of payment
The means of payment provided by PlantsForFriends in the process after pressing the “Buy” button, from which the buyer can choose, are as follows:
– Payment by credit card (Visa or Master), IMMEDIATE bank transfer or PayPal,
– Payment directly with the so called LEAFS, if offered by PlantsForFriends and if there is a credit balance available.
PlantsForFriends reserves the right to change or limit the payment options available at any time. In addition, PlantsForFriends may introduce other electronic payment systems and make them available as payment options at any time.
The use of electronic payment systems is only permitted within Germany.
5.2.1 Payment by credit card, IMMEDIATELY bank transfer or PayPal, use of the platform currency “LEAFS
After pressing the “Buy” button, the buyer selects the option Credit Card, IMMEDIATELY Bank Transfer or PayPal,
The member agrees that notifications regarding the electronic payment process, such as status messages, payment announcements, etc., may be stored in the user’s internal system mailboxes.
The member will be informed about incoming messages in the internal mailboxes also on external media by push notification or e-mail, provided that the member has agreed to a corresponding notification or has configured the privacy settings in the mobile application accordingly.
It should be noted that the transmission of data takes several minutes and must not be interrupted by the buyer, e.g. by updating the browser page. If this payment procedure is not followed, the credit card account may be charged twice.
In the event of a refund request due to incorrect, duplicate or unauthorized charges to a credit card, bank or PayPal account, the member may contact the PlantsForFriends member service. Justified refund requests will be processed by PlantsForFriends within a maximum of 14 days of notification. Chargebacks initiated by the member during this period will incur costs that PlantsForFriends must charge the member.
The use of chargeback rights is prohibited unless there is unauthorised use of the payment instrument or a violation of the Terms and Conditions or PayPal terms and conditions that grant the right to a refund of the deposit amount.
The member is fully liable for all costs incurred by PlantsForFriends as a result of chargebacks, especially insofar as PlantsForFriends chargeback and cancellation fees are incurred.
It is not permitted to make payments to natural or legal persons who violate legal regulations or disregard our terms and conditions. PlantsForFriends may reverse a payment if there is a violation or reasonable suspicion thereof.
5.2.2 Payment directly from the so-called LEAFS
If LEAF credits are available in the buyer’s account, the buyer can also pay for an item on the platform with the money in it. If the buyer chooses this payment option, his “LEAFS” will be debited with the corresponding amount immediately after conclusion of the purchase contract. The seller is usually not credited with the amount debited to the buyer until the buyer has confirmed receipt of the item on the platform. If the seller is a reliable and trustworthy seller according to PlantsForFriends standards, the purchase price will be forwarded to the seller as soon as the seller has marked the item as shipped in the system or – in the case of a prepaid parcel label – the barcode of this parcel label is scanned by the shipping company. The credit will be credited to the e-wallet of the seller on the platform. From here the Seller can then pay out the amount to his bank account deposited for the e-wallet.
6.1 Shipping options; shipping costs
When posting items, the seller must provide information on the shipping options.
The seller can choose standard shipping as one option and must then specify the size of the item (small, medium or large). The standard shipping costs of the shipping service providers working with PlantsForFriends are then determined on this basis. These costs (if compatible with the seller’s profile settings) are later displayed to the buyer, who can then choose from them. The seller then ships the item according to the buyer’s selection.
Alternatively, the seller can select the “Custom Shipping” option when setting up the item. In this case, the seller sets the price for shipping independently. In this case, the buyer must pay the specified amount of money to the seller in advance.
In all cases, the seller may only add those costs to the sales price as shipping costs that he or she has to pay himself or herself. The following items fall under shipping costs:
– the cost of packing materials, if any, actually incurred
– the actual shipping costs paid by the seller to the transport company for the shipment
– additional costs, if special shipping methods have been chosen. In this case, the item must actually have been shipped this way.
These costs must be borne by the buyer in relation to the seller. Costs exceeding this amount may not be shown as shipping costs. The seller bears the burden of proof for the amount of the actual shipping costs incurred. In case of conspicuously high shipping charges or in case of a gross disproportion between the amount of the sales price and the stated shipping charges, PlantsForFriends is entitled to demand corresponding evidence for the amount of the actually incurred costs. In order to avoid misunderstandings, PlantsForFriends recommends that you provide a breakdown of the shipping costs in the event of unusually high shipping costs.
The shipping is carried out exclusively according to the conditions of the respective shipping service provider. This also applies if the seller chooses standard shipping as a shipping option and then ships using a shipping label that the seller has purchased through PlantsForFriends. These conditions can be viewed here: German Post; DHL; DPD ; Hermes .
6.2 Shipping by the seller
For articles with a purchase price of more than 15 EURO, insured shipping with tracking is recommended for security reasons, even if uninsured shipping is also possible. If insured shipping with tracking is chosen for the selected shipping method, the seller will provide the tracking number on the platform upon receipt to prove that the item has been shipped. For security reasons, the seller may also be asked to provide additional shipping information (e.g., date of shipment, place of posting). In the case of uninsured shipment without tracking, the seller marks the item as “shipped” on the platform. For documentation purposes, it is recommended that you take a photo of the item before shipping.
7. additional services subject to charges
The registration on the platform, the setting up of LEAFS and the use of the platform are basically free of charge for natural persons.
The commercial use of the platform, if permitted by PlantsForFriends in individual cases, is subject to a fee. The amount of the fees will be agreed separately in the admission procedure.
The use of additional services on the platform is subject to a fee. Which additional services are liable to pay costs and which fees are incurred for the use of these additional services can be found in the constantly updated list of additional services liable to pay costs.
If an additional service triggers a charge, this is also marked accordingly, stating the respective costs, before the additional service is bindingly ordered.
Members who have deposited with PlantsForFriends LEAFS and have purchased a paid service agree that the fee for the PlantsForFriends service can be collected directly from their account information, provided that sufficient funds are available or will be made available later through new incoming funds.
In the event that PlantsForFriends will be able to collect funds directly from a member’s PayPal account in the future, members who have a PayPal account and have purchased a paid service agree that the PlantsForFriends service fee may be collected directly from their PayPal account, provided there are sufficient funds in the PayPal account or will be made available later through new incoming funds. PlantsForFriends will separately inform members about this possibility before their respective PayPal accounts are debited for the first time.
If a user claims an additional service with costs, PlantsForFriends will provide an invoice in his account.
8.1.1 Creating forum posts
Registered members can create forum posts under their member name.
In certain sub-forums, forum posts can also be created in such a way that the creator of the post is only visible to administrators. PlantsForFriends assumes no liability if, for technical reasons or due to actions of the member, the identity of the creator of such content is disclosed to persons other than administrators.
Every member must confirm the forum guidelines before using the forums and commits to their compliance. All posts in the forums are publicly visible and can therefore be detected by external search engines. However, PlantsForFriends reserves the right to make certain topics or content available only to registered members or to specific members and/or groups of members.
For the granting of rights to forum contributions paragraph 11 applies.
8.1.2 Requirements for Forum Contributions; Liability for Forum Contributions
The member shall ensure that all content posted by him/her in the forum is lawful and does not violate the applicable law.
In particular, the member is responsible for compliance with all legal regulations concerning the protection of minors and for compliance with relevant criminal law standards. The member undertakes under no circumstances to post forum contributions in connection with racist, warlike, sexual, violence glorifying, anti-religious, anti-clerical or discriminatory statements, publications or other inadmissible or immoral content. The responsibility for the posted content that is stored, published or transmitted via the forum lies exclusively and without restriction with the member who posted the content. The member assures that he/she owns or has obtained all necessary rights with regard to the content posted in the forum (e.g. trademark rights, copyrights, image rights etc.) and that no rights of third parties and no legal provisions are violated.
In the event that a claim is made against PlantsForFriends due to an infringement of rights by the posted content, the member shall indemnify PlantsForFriends in accordance with clause 13 against all claims of third parties and shall hold PlantsForFriends harmless to the full extent.
8.1.3 Deletion of forum contributions
In case of violations of the forum guidelines, our terms and conditions or applicable law, PlantsForFriends reserves the right to change or delete entries without warning, or to delete them in whole or in part. Furthermore PlantsForFriends reserves the right to warn or admonish members at its own discretion and to exclude members temporarily or permanently from the forum or from all services on the platform (see also section 10.1).
There is no entitlement to have published topics as well as individual posts or content deleted. If the user relationship is terminated and the post was written under a member name, the member name will be removed. The content of the contribution will remain anonymous.
8.2 Rating system
The platform lives from its members and their trust in each other. The rating system serves the purpose of being able to better assess the trustworthiness of a member before a transaction.
Members may only rate other members if a legal transaction has previously been concluded between them.
The members are obliged to give only truthful and objective information in evaluations, which refer to the concretely concluded legal transaction. Evaluations may not offend against legal regulations and in no case be insulting, threatening or reputation-damaging or fulfill the facts of the abusive criticism.
It is not permitted to evaluate oneself or to make or arrange for fictitious evaluations about third parties. PlantsForFriends reserves the right to change or delete completely or partly illegal and/or abusive ratings. Furthermore PlantsForFriends reserves the right to warn or admonish members in case of violations of these terms and conditions or abuse of the rating system at its own discretion or to exclude them temporarily or permanently from individual or all services on the platform (see also section 10.1).
PlantsForFriends is in no case liable for the content of the submitted ratings.
The users of PlantsForFriends are aware that it is not possible for PlantsForFriends to check the conformity of every rating with the rules. There is no claim to have published reviews or individual contents of reviews deleted. A takeover of reviews in other services and from other services is not permitted
8.3 Private messages
8.3.1 Permissible contents of messages / protective measures
The news service on the platform is primarily intended to be available for negotiations between members.
PlantsForFriends is very concerned about the protection of the private data of its members.
We therefore recommend not to exchange bank details or other personal data via private messages (e.g. other email addresses, social media user data, phone numbers). Especially the exchange of bank data via private messages as well as the exchange of personal data carries an increased risk of abuse and fraud. PlantsForFriends wants to protect its members from this.
In order to prevent fraud and abuse and to protect members’ private information, PlantsForFriends reserves the right to automatically check or scan messages exchanged through PlantsForFriends and to hide bank and other personal information in private messages.
The members commit themselves not to use the message service on the platform for sending advertising content (so-called “spamming”).
Furthermore, users commit themselves not to send any content that endangers the services of PlantsForFriends, such as viruses or similar, not to harass, insult or send other members by the number or content of messages, or to send any other content that is not in accordance with legal regulations or these terms and conditions.
A violation constitutes an extraordinary reason for termination.
8.3.2 Use of technical filters
In addition, PlantsForFriends uses so-called “spam filters” to protect its members, which scan messages for unwanted advertising content and intercept relevant messages. A delivery of intercepted messages is not possible. The procedure serves to protect the user from unauthorized advertising (“spamming”), viruses and “flooding” and is exclusively carried out by means of automated procedures. Due to technical settings, it is possible that in individual cases perfect messages that do not contain any unwanted advertising may be intercepted.
8.3.3 Manual checking of message contents
Our customer support team may manually review, store, and analyze personal messages and their content for the purposes of customer service, dispute resolution in the processing of transactions for fraud and abuse prevention, prevention of advertising, spamming, or harassment messages, and in response to legitimate requests from governmental authorities, in order to make an informed decision.
a) A manual review of messages will only be performed for customer support, arbitration, fraud and abuse prevention and to prevent advertising, spamming or harassment messages if a member of the Platform has notified customer support or reported the sender of the message for inappropriate content and PlantsForFriends deems it necessary to take such action to resolve the matter in the best manner possible. Customer Support will use the information and data collected in this process exclusively for the settlement of disputes between the members and, if applicable, for the clarification or prevention of possible cases of fraud and abuse and/or violations of the prohibition of advertising, spamming or harassment on the platform.
b) If a manual check is carried out due to a request from the authorities, PlantsForFriends will only use the information and data collected in accordance with the legal requirements underlying the request.
c) PlantsForFriends will not use the information and data collected during manual verification, in particular not for advertising purposes. By using the platform, members agree to a manual check, storage and evaluation of their personal messages within the framework described above.
9. duties of the member
By agreeing to these terms and conditions, the member undertakes not to violate applicable laws and to comply with all member obligations listed below. In particular, the member undertakes to use the platform:
– Not to provide false, incomplete or misleading information or to pursue fraudulent intentions.
– Not to post content or undertake activities that violate applicable law, the rights of third parties, morality, these General Terms and Conditions or other guidelines on the platform (e.g. marketplace or forum guidelines).
– Not to post any content or undertake any activities that are insulting, threatening, abusive, defamatory, glorifying violence, shocking, discriminatory, inciting hatred of the people, racist, pornographic, inhuman, immoral, offensive, obscene, extremist or harmful to young people, to call for such activities and to link and advertise corresponding content on the platform.
– Not to engage in spamming (e.g. by sending messages en masse, distributing senseless and disturbing content, advertising or indiscriminate purchase/contact requests).
– Not to create mass content that makes it difficult for other members to use the platform or that other users find disturbing (so-called “flooding”).
– Not to publish contributions and content in a place that is not intended for this purpose or where other users find such contributions disturbing.
– Not to misuse the services of the platform, especially not to harass, insult, threaten, deceive or damage the reputation of other members.
– Repeated contact is prohibited if the other member has indicated that this is not desired.
– Not to publish any information about third parties – especially names, addresses, contact data, bank details, pictures, URLs as well as contents of private messages – on the platform or to make it accessible without the consent of third parties.
– To treat confidentially the names, addresses and contact data or bank details of other members obtained through the use of the platform and not to use them for any other purposes than contractual or pre-contractual communication within the framework of the platform.
– Not to circumvent any security mechanisms in order to manually intercept data of any kind electronically or for misuse purposes or to make any other hacking attempts.
– Not to use robots, crawlers, spiders, scrapers or other methods to collect data on PlantsForFriends in a mass and/or automated way, for any purpose whatsoever.
– Not to post content or engage in activities that spread viruses, Trojan horses, worms or similar mechanisms on PlantsForFriends that interfere with, damage or make less efficient the operation of the platform or users’ end devices.
– Not to post content or undertake activities to advertise other websites or their content if they provide similar services to PlantsForFriends
– To treat plants and people always in the way you would like to be treated yourself.
We are all one family and cannot live without each other.
There is no place for racism or discrimination. Neither against humans nor plants.
– PlantsForFriends to inform PlantsForFriends immediately about any violation of these terms and conditions, the applicable law, rights of third parties or against common decency as well as about violations committed by another member on the platform.
10. rights and duties of PlantsForFriends
If there are concrete indications that a member violates the applicable law, these Terms and Conditions, rights of third parties, morality or other guidelines on the platform (e.g. marketplace or forum guidelines) or if PlantsForFriends has any other legitimate interest, especially to protect other members from fraudulent activities, PlantsForFriends is entitled at its own dutiful discretion (e.g. severity of the violation or repeated violations) to impose the following sanctions against a member:
– admonition of a member
– cautioning a member
– Partial or complete editing of contents of a member
– Partial or complete deletion of contents of a member
– Temporary or permanent restriction of the use of individual services of the platform (e.g. forum blocking, concealment of bank data and other personal data in personal messages)
– Temporary or permanent blocking of access to the entire platform
– Submission of a negative evaluation for a seller
A permanent blocking of a member corresponds to an extraordinary termination of the contract of use for good cause.
If a member has been blocked, he/she is prohibited from further use of the platform or from re-registering on the platform. PlantsForFriends reserves the right to prosecute and report violations of these terms and conditions, if necessary also under criminal law.
10.2 Provision and operation of the platform
PlantsForFriends provides the platform in the respective available form and with the respective available functions.
PlantsForFriends has the right to change the functionalities or the appearance of the platform, technical mechanisms as well as offered services at any time. Such changes may require members to update their software, hardware and services. This is at the sole expense of the members. PlantsForFriends endeavours, but is not obliged, to announce such measures in advance.
There is no claim to a certain availability of the platform. The availability can be temporarily limited completely or partially due to maintenance work or other reasons.
PlantsForFriends reserves the right to discontinue the services offered on the platform in whole or in part, temporarily or permanently, or to restrict access for maintenance, security or capacity reasons. PlantsForFriends endeavours, but is not obliged, to announce such measures in advance.
A claim to use the services available on the portal is only possible within the technical and operational possibilities of PlantsForFriends. PlantsForFriends has the right to transfer its rights and obligations from the user relationship to a third party, in whole or in part, within four weeks of notification by email or other suitable form.
11. granting of rights to content posted by members
The member grants PlantsForFriends with regard to all uploaded contents a free, temporally and locally unlimited, simple right to use the contents in own or external media (e.g. newsletters, blogs, press releases, advertising banners). The transfer of rights includes in particular the right to reproduce, make publicly accessible, edit, broadcast and distribute the content. PlantsForFriends has the right to grant sub-licenses for these rights to companies affiliated with PlantsForFriends.
In addition, the member grants PlantsForFriends the right to grant sub-licenses to any number of buyers for the public access, reproduction and editing of the content published on the platform in connection with the posting of an article (this includes photos and videos as well as the description of the article). The granting of rights is limited to the purpose of reselling an item on the Platform and can be revoked or, if necessary, reactivated by the Seller at any time in his account under “Edit Profile”.
The member affirms that he/she is solely and unrestrictedly entitled to the rights to the content as set out in clause 11 and that he/she has not yet made any disposition to the contrary of this transfer of rights.
PlantsForFriends as operator only provides a platform and thus the technical equipment to enable the exchange of goods and communication between the members. PlantsForFriends is not involved in the contracts concluded via the platform, neither as a contractual partner of a member nor as a representative or vicarious agent or in any other way. PlantsForFriends therefore assumes no liability for damages concerning the contractual relationship between the members. Any liability of PlantsForFriends is also excluded for cases in which the conclusion of a contract or its execution cannot or cannot completely be carried out due to a temporary suspension of a member. Also excluded is a liability for the consequences of limited availability and any resulting effects on the conclusion of the contract.
PlantsForFriends assumes no liability for the accuracy, timeliness, completeness or quality of the content published by members. PlantsForFriends also does not adopt these foreign contents as its own.
Users of the platform have no right to receive and process complaints against other members or to mediation, arbitration or advice in cases of dispute or fraud between them.
PlantsForFriends is liable to members without limitation for damages resulting from injury to life, body or health, as well as for damages resulting from intentional or grossly negligent breach of duty by PlantsForFriends or its legal representatives or agents. PlantsForFriends is also liable without limitation in case of fraudulent intent, damages according to the product liability law as well as in case of assumption of a guarantee. In case of slightly negligent violation of essential contractual obligations PlantsForFriends is liable for the amount limited to the typical contractual foreseeable damages.
Otherwise a liability for slight negligence is excluded.
Although PlantsForFriends makes every effort to keep the platform free of viruses, no guarantee can be given that the platform does not contain viruses or other harmful elements. Before downloading any content, the user shall therefore ensure appropriate security measures and virus scanners for his own protection.
The member indemnifies PlantsForFriends from all claims that other members or other third parties assert against PlantsForFriends due to violation of their rights by offers and contents posted by the member. The member has to bear the costs of the necessary legal defence of PlantsForFriends including all court and lawyer fees in the legal amount.
This does not apply if the member is not responsible for the violation of rights. The member is obliged to provide PlantsForFriends immediately, truthfully and completely with all information necessary for the examination of the claims and a legal defence in case of a claim by third parties.
14. buyer protection
The measures you can take as a buyer to trade as safely as possible on the PlantsForFriends platform can be found on the corresponding policy page. In addition, there is the possibility to better protect yourself through the additional services that are subject to a fee (see above point 7).
15. collection of personal data
16. final provisions
The contract as well as the use of the platform shall be governed by German or Austrian law with the exception of its conflict of laws provisions and to the exclusion of UN sales law. Which law is applicable in a specific case (German or Austrian) is determined by the country in which the respective user is resident. All declarations, which are transmitted within the scope of the user contract to be concluded with PlantsForFriends, must be made in text form or by email.
The postal address is
ForFriends – digital creative agency
Mr. Marek Maurer
The member’s delivery address is the e-mail address provided by the member in his/her contact details.
These GTC are valid from their publication on the platform and, with regard to each individual user, from the moment the user confirms the GTC by registering on the platform or by declaring his agreement. PlantsForFriends reserves the right to change these terms and conditions at any time and without giving reasons. The changed terms and conditions will be brought to the member’s attention by e-mail or in another suitable form at least four weeks before they come into effect. If the member does not object to the validity of the new terms and conditions within four weeks after receipt of the email or after a reasonable possibility to take note of them, the changed terms and conditions are considered accepted. PlantsForFriends will inform the member separately about the significance of this four-week period in the e-mail containing the amended terms. This fiction of consent does not apply to a change of these GTC that affects the main performance of the contract, if this would result in an unfavourable disproportion between performance and consideration to the detriment of the user.