1. Scope, Definitions
1.2.1 Registered users have the option of reading access to TROVELLI and of using certain technical functions.
2. Services Provided by the Operator
2.1 With TROVELLI, the operator provides an online portal that gives users the means to set and/or retrieve user profiles applying the application software provided by the operator, as well as contact other users of the portal. Company profiles can only be created by providers. The operator reserves the right to prescribe certain quality criteria for company profiles and to refuse to establish a company profile if these criteria are not met by the provider. Providers can choose between different service packages. The exact scope of services results from the service description for the respective service package of the operator.
2.2 Contracts for the goods and/or services described on TROVELLI may be concluded directly between users via TROVELLI if the provider operates an online shop with TROVELLI. In some cases, however, TROVELLI may be merely used to establish contacts and select potential contractual partners among users. In such cases, the actual contract is not concluded directly via TROVELLI but through individual communication among users outside TROVELLI. Under no circumstances, the operator himself shall become a contractual partner of contracts concluded by users. The execution of contracts concluded by users exclusively takes place on an inter-user basis. Furthermore, the operator does not guarantee that a contract will in fact be concluded by users.
2.3 For the use of TROVELLI, the operator allows the user access to his website and provides him with suitable software which remains on the operator's server. The scope of functions and the technical specifications of the software are described in more detail in the service description on the operator’s website. The operator is not responsible for establishing and maintaining the data connection between the user's IT system and the operator's server.
2.4 TROVELLI is offered subject to availability. An availability to 100 percent cannot be realized technically and can therefore not be guaranteed to the user by the operator. However, the operator endeavors to keep the service available as constantly as possible. In particular, maintenance, safety or capacity problems as well as events beyond the operator's control (disturbances of public communication networks, power failures, etc.) can lead to malfunctions or temporary shutdown of the service. The operator will carry out maintenance work in times of low use, to the extent possible.
2.5 The software for operating TROVELLI shall be updated by the operator at irregular intervals. Accordingly, the user only has a right to use the software in its current version. The user has no claim to a certain state of the software.
3. Changes in Services
3.1 The operator reserves the right to change the offered services or to offer different services unless this is unreasonable for the user.
3.2 Furthermore, the operator reserves the right to change the services offered or to offer different services,
insofar as he is obliged to do so due to a change in the legal situation;
in so far as it complies with a court ruling against himself or a decision of the authorities;
as far as the respective change is necessary to close existing security gaps;
if the change is merely beneficial to the user; or
if the change is of a purely technical or procedural nature and has no significant impact on the user.
3.3 Changes which only have an insignificant impact on TROVELLI's functions do not constitute changes to services within the meaning of this section. This applies in particular to changes of a purely graphical nature and the mere modification of the arrangement of functions.
4. Right of Use
4.1 Natural persons, legal entities and partnerships are entitled to use TROVELLI. Natural persons with limited legal capacity (in particular minors) may only use TROVELLI with the consent of their legal representatives. In this case, the operator reserves the right to require a written declaration of consent from the legal representative.
4.3 The registration of a legal entity or a partnership may only be carried out by an authorized natural person who must be named.
4.4 Each user may only set up one user profile for TROVELLI. His right to use TROVELLI applies only to him personally and is not transferable.
5. Registration, Conclusion of Contract
5.2 After entering his data in the online form provided for this purpose, the user can register by clicking on the button that concludes the registration process. By sending the registration data, the user offers to conclude a contract the operator can accept but does not have to accept. The operator can accept the user’s offer within five days after receipt of the request by an electronically (e-mail) transmitted order confirmation or by sending a link for activation of the user account by e-mail. If the operator does not accept the contractual offer of the user within the aforementioned period, this shall be deemed to be a rejection of the offer.
5.3 The contract text is stored by the operator. However, the user can no longer access the text of the contract after registration via the operator's website.
5.4 Before submitting his contractual declaration, the user can continually correct his entries using the usual keyboard and mouse functions.
5.5 Only the German language is available for the conclusion of the contract.
5.6 The e-mail address is used to identify and personally identify the user. The user must ensure that the e-mail address provided by him during online registration is correct, so that e-mails sent by the operator can be received at this address. In particular, when using SPAM filters, the user must ensure that all e-mails sent by the operator or third parties commissioned by the operator with the processing can be delivered.
5.7 The data requested during registration must be provided completely and correctly by the user. The user is obliged to keep this data (including e-mail addresses) up to date at all times. The operator does not check the transmitted data for correctness and completeness.
6. Obligations of the User, Responsibility for Content
copyrighted content if there is no permission to use it (e.g. photos for their publication on the Internet the photographer and/or a person depicted has not consented);
false claims of fact;
contributions aimed at personally attacking or defaming other users;
racist, xenophobic, discriminatory or offensive content;
6.2 The content posted on TROVELLI is to be assigned exclusively to the respective user and does not reflect the operator’s views. The operator does not assume any liability for the correctness of content. Each user is responsible for critically checking the truthfulness of content.
6.3 The operator reserves the right to determine certain minimum requirements for the content to be posted by the user on TROVELLI with regard to its quality and to remove content from TROVELLI that does not meet these requirements. If necessary, the operator will point out minimum requirements for the content to be published within the scope of the respective service description.
6.4 The user is obliged to refrain from using TROVELLI in any way that adversely affects the availability of the portal (e.g. uploading large files, spam). The operator reserves the right to limit the amount of data for uploads in order to guarantee the availability of the portal. The operator may limit data uploads within the scope of the service description.
6.5 The user declares and assumes responsibility for the right to use the content contained in his entries. In particular, he shall ensure that no rights of third parties are infringed by his entries, in particular copyrights, trademark rights and personal rights as well as competition rights.
6.6 Users are generally liable for all activities that are carried out by using their access to TROVELLI, insofar as they are responsible for this.
6.7 The user is responsible for the secrecy of the access data. He must ensure that they are not made accessible to third parties. The user must inform the operator immediately if there are indications that his access is or was used by unauthorized third parties.
6.8 The following conditions also apply to providers who offer goods for sale at TROVELLI via their own online shop:
The supplier must guarantee the availability of the goods offered by him via TROVELLI and guarantee that they are free from third-party rights;
in the event of the conclusion of a contract, the goods ordered by the customer via TROVELLI must be dispatched within 2 working days;
if customer orders cannot be processed immediately due to the holiday-related absence of the supplier, the supplier must set his TROVELLI shop to "showroom mode" for the duration of his holiday;
the supplier must use new packaging material for his consignments;
if the operator provides his own packaging material at a later date, it must be used by the supplier.
7. Rights of the Operator
to delete related user entries,
to change entries within the scope of the right to edit according to section 9,
to issue a warning,
to temporarily or permanently block the user's access, or
to take any other necessary and appropriate measures.
Which measure the operator takes depends on the individual case and is at his discretion.
7.2 If a user is blocked, he may no longer use TROVELLI and may not re-register.
8. Granting of Rights of Use by the Operator
8.2 The user is not permitted to pass on the contents made available to him to third parties without the written consent of the operator. The user shall ensure that he does not provide third parties with any means of circumventing access to TROVELLI.
8.3 If the user seriously violates the agreed upon rights of use, the operator, taking into account the interest of both parties, cannot reasonably be expected to continue the contractual relationship and may terminate the granting of the rights of use without prior warning as well as permanently block access to TROVELLI.
8.4 Other legal and contractual regulations remain unaffected.
9. Granting of Rights of Use Provided by the User
The operator is entitled to use content and information provided by users for the benefit of TROVELLI or allow them to be used by third parties. The user grants the operator the necessary rights of use, free of charge, not limited to the duration of the usage contract. This applies in particular to the right of permanent retention and storage of content and information and of making make them publicly accessible, to the right of reproduction and publication as well as to the right of processing and distribution. The user assures to be entitled to grant these rights of use.
10.1 The use of TROVELLI as a guest or customer is free of charge.
10.2 Unless otherwise stated in the operator's service description, providers shall pay the operator a fee for the use of TROVELLI. The amount of the remuneration as well as the payment methods result from the service description of the operator regarding the respective service package.
10.3 The operator reserves the right to allow providers to use TROVELLI free of charge during a limited test phase.
11. Release from liability
The user indemnifies the operator from all claims asserted by other users or other third parties against the operator for infringement of their rights based on content posted by the user or due to other use of TROVELLI. The user shall bear the costs of the necessary legal defense including all court costs and reasonable attorney’s fees. This does not apply if the user is not responsible for the infringement. The user is obliged to provide the operator immediately, truthfully and completely with all information necessary for the examination of the claims and with a defense in case a claim is asserted by third parties.
12. Liability of the operator
The operator shall not be liable for any damage incurred by the user within the framework of a contractual relationship between a provider and a customer mediated by TROVELLI. In this respect, the relevant legal provisions apply to the respective contractual relationship between the users. Apart from that, the operator shall be liable to the user for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
12.1 The operator shall be liable without limitation for any legal reason
in case of intent or gross negligence,
in case of injuries of life, body or health resulting from intent or negligence,
in case of a promise of guarantee, unless otherwise provided,
in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
12.2 If the operator negligently violates an essential contractual obligation, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned section. Essential significant contractual obligations are obligations the contract imposes on the operator according to its content to meet the purpose of the
contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the user can regularly rely.
12.3 For the rest the operator’s liability is excluded.
12.4 The aforementioned provisions on liability apply also for the operator's liability regarding his legal representatives and vicarious agents.
13 Duration, Termination
13.1 If the user acts as guest or customer, the user contract is concluded for an indefinite period and can be terminated by the user at any time without notice and by the operator with a notice period of two weeks.
13.2 If the user acts as provider, the user contract is concluded for an indefinite period, at least however for the duration of 12 months (minimum term) and can be terminated by both parties with a notice period of three months to the end of the minimum term. If the contract is not terminated in due time, it is extended continuously for a further 12 months and can be terminated by the parties with a notice period of three months to the end of the respective term.
13.3 Notwithstanding the foregoing clause, the user contract with providers is concluded within the framework of a test phase in accordance with section 10.3 for the duration specified in the respective service description and ends automatically upon expiry of the agreed term, without the need for termination.
13.4 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice, taking into account all circumstances of the individual case and weighing the interests of both parties.
In particular, an important reason is given:
in case of re-registration during an ongoing blocking of access;
if the user is in arrears with payment of the fee or a substantial part of the fee for two consecutive dates in case of a fee-based use of TROVELLI;
if the user generally stops payments in case of a fee-based use of TROVELLI;
if, in case of a fee-based use of TROVELLI, enforcement proceedings have been initiated against the total or a substantial part of the other party's assets or if there are grounds for opening insolvency proceedings against the other party or if such proceedings have been
rejected for lack of assets or if insolvency proceedings have been filed against the other party or an affidavit has been given by the other party in respect of his assets.
13.5 In the event of a justified extraordinary termination of the user contract by the operator, the user is not entitled to create a new user account with TROVELLI.
13.6 Notice of termination may be given in writing, in text form (e.g. e-mail) or on the part of the user by deleting his user account with TROVELLI.
13.7 If the user contract is terminated, the user loses access to his user account upon termination of the contract. Upon termination of the user contract, the operator's obligation to store and publish posted data also expires.
insofar as he is obliged to do so due to a change in the legal situation;
in so far as he complies with a court ruling against himself or a decision of the authorities;
if the change is merely beneficial to the user; or
if the change is of purely technical or procedural nature unless it has significant consequences for the user.
14.3 The user's right to terminate the contract in accordance with section 13 remains unaffected.
15. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
If the user is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the operator’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the user is domiciled outside the territory of the Federal Republic of Germany, the operator’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the user's professional or commercial activities. In any event however, regarding the aforementioned cases the operator is entitled to seize the court at the residence of the user.
17. Alternative Dispute Resolution
17.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
17.2 The operator is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.