Terms & Conditions
Terms & Conditions of Sugartrends
A. Preamble
Welcome to Sugartrends. If you want to use Sugartrends for buying and selling products as well as using other features, you have to accept the following terms & conditions. These terms & conditions have to be accepted when registering and buying/ offering a product by clicking on the according text field or sending Numoma GmbH a written confirmation.
There are further terms & conditions for vendors, who have to send their acceptance of these terms & conditions to Numoma GmbH.
Numoma GmbH provides the Sugartrends online marketplace (in the following called Sugartrends), on which the participating buyers and vendors (in the following called participants) after a successful registration may sell and purchase merchandise. The participants have to be at least 18 years old. Numoma GmbH is in charge of the Sugartrends website, the online shop as well as the handling of the purchasing process between vendor and buyer, without becoming part of the contract party.
In general, Numoma GmbH will not become a contract party; it is only providing the market place platform and functions.
B. General Terms
I. Eligible Persons/ Registration
Participants are:
a) All natural persons with contractual capacity
b) All legally registered persons such as business companies and corporations
A proper registration and contractual capacity is prerequisite when buying on Sugartrends incl. personal and credit card or payment data.
2. There is no legal claim or right for participation.
3. Participants have to make accurate statements and renew his data, when aspects have been changed (e.g. new credit card number, new name, new address etc.). Participants are not allowed to use other persons’ names, if they are not legally entitled to do so. The participants entitle Numoma GmbH to use any information given during the registration process to review the accuracy of statement and to monitor the credit status of the participant, as long as his or her account is active on Sugartrends.
4. Numoma GmbH has the right to deny a registration or purchase on Sugartrends without any reason.
5. Participants are reliable for the security of their password and any actions done on Sugartrends with their account and in their name.
II. General guidelines
The participants accept the terms & conditions and follows its rules and guidelines at any time when using Sugartrends. Terms & conditions can be changed from time to time.
III. The role of Numoma GmbH
1. Numoma GmbH allows third party vendors to list and sell their products on Sugartrends. While Sugartrends as a platform provider helps facilitate transactions that are carried out on the Sugartrends platform, Numoma GmbH is neither the buyer nor the vendor of the vendor's items. Only when Numoma GmbH is selling its own items it becomes the vendor. Numoma GmbH provides a venue for vendors and buyers to offer and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and vendor. Numoma GmbH is not a party to this contract; it does not assume any responsibility arising out of or in connection with it nor is it the vendor's agent. The vendor is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and vendor.
IV. Conclusion of contract
1. The display of products on Sugartrends is not a legally binding offer of contract – it is merely an “Invitatio ad offerendum” – invitation to make an offer. Through an order a buyer has the opportunity to make a legally binding offer for a purchasing contract, in accordance to the exact specified terms offered. Numoma GmbH will forward this offer to the vendor.
2. Any order will be according to § 312g (1) p. 1 nr. 3 BGB confirmed through Sugartrends by email in the name and with power of attorney of the vendor. This confirmation reaffirms the precise contract offer made, but is not a legal acceptance of the order. Purpose is the fulfillment of legal requirements according to § 312g (1) p. 1 nr. 3 BGB.
3. After the payment through the buyer, Numoma GmbH will ask the vendor to ship the purchased product to the buyer. All necessary information for the shipment will be provided to the vendor. The upcoming shipment will be announced by email.
In order for the acceptance to cause a legally binding purchase contract, the seller must, after the affirmation of the acceptance and payment by the buyer, send an email to Numoma GmbH, which forwards this order confirmation to the buyer. The transaction is based upon criteria stated in the product information including the terms & conditions.
V. Privacy terms
The buyer is aware that personal information such as an email address and their rating done by a user is displayed on Sugartrends for all users, if the buyer is registered on Sugartrends.
The participants legally allow Numoma GmbH and its connected partnering companies to communicate with the participants in electronic or other forms, further more to use, store, process as well as update all personal data needed for executing the orders, delivering the goods, rendering services or informing about new offers and changes.
VI. Restricted products
The vendor or advertiser on Sugartrends has the responsibility to comply with all governmental laws and regulations as well as the Numoma GmbH policies – notified of and described within these terms and conditions.
1. It is prohibited to offer articles for sale or to publish advertisements on Sugartrends that violate legal regulations, rights of third parties or “contra bone mores” - contrary to public policy. Especially the following articles may not be offered on Sugartrends. For example:
a) All products that violate or could violate in particular copy and accomplishment protection rights, industrial property rights (e.g. brand, patent, utility model and design rights), other rights (e.g. the right to the personal image, name and personal rights)
b) Propaganda products und products with intolerant, violent, racist or xenophobic messages or material
c) Pornography
d) Living Animals
e) Weapons of war, weapons, munitions and part of it
f) Stolen items
g) Advertisement, also through links
h) Medicine subject to prescription or prohibited, drugs of any kind
2. Because of the multinational origin of Sugartrends’ buyers and vendors, each buyer is required to check first if he or she is allowed to purchase and bring in a certain product in his or her country. Also does the vendor have to make sure that selling the product complies with all legal and administrative provisions respectively valid in the country. Both parties must make sure they are not violating any Ex- or Import laws or regional or international prohibitions.
3. The participants use Sugartrends at their own risk. Numoma GmbH assumes no responsibility for the offered products, their description and their marketability.
VII. Disclosure of information
In case a punishable act is suspected Numoma GmbH reserves the right to disclose the data of the respective participant (e.g. this participant's contact information, IP address, online activity and posted content) to his or her contract partner, a third party or to the appropriate authority.
VIII. Immediate exclusion of participants/ blocking of content
In case of a violation of terms & conditions Numoma GmbH is entitled to block individual content and/or to block individual participants immediately, or to change content or to take other appropriate measures.
Such measure can be warnings, interruption or cancellation of the participation right on Sugartrends, as well as a blocking of the access to Sugartrends.
IX. Rating system
All participants know that a major feature of Sugartrends is the rating of a participant. All participants agree that the rating on their transactions is publically available on Sugartrends. The rating shall help in making online purchasing more reliable for both parties, vendor and buyer. Participants are allowed to rate and comment only on transactions they have been involved in. According to the evaluation made by the participants, 1 star stands for the lowest, 5 stars the highest rating. Numoma GmbH takes no responsibility for the rating and its content.
Participants that make false, insulting assertions or attempt to undermine the dignity and honor of another participant can be excluded from Sugartrends and their comments and rating can be deleted.
X.Liability und indemnity
1. Numoma GmbH assumes no liability and gives no guarantee that the website or the services are constantly available. Numoma GmbH further assumes no liability for the accuracy oft he participants’ statements.
2. Numoma GmbH does not assume liability for possible consequential damage through sales or sales that have not taken place as well as mistakes on the website, delays or other failures occurred during the purchasing process on Sugartrends.
3. The participants release Numoma GmbH from any liability, in any case of inconsistencies between two or more participants in connection with a planned or made transaction. The participants indemnify Numoma GmbH against all claims asserted by any third parties in case of a violation of their rights. This is especially the case, for any abuse or misuse of content, pictures or other information used by the vendor to describe a product.
XI. Copyright, License, right of use
1. The participants give Numoma GmbH a free, unlimited and comprehensive right of use, especially for reproduction, for dissemination, for adjustment of for all works or work pieces, as well as databases or catalogues, which the participants have given Numoma GmbH or used on Sugartrends.
XII. Cancellation of services
Numoma GmbH may at any time change, delete or terminate website or the access to Sugartrends without pre notice and without mentioning reasons. Numoma GmbH can exclude participants at any time.
XIII. Participation of Sugartrends
Numoma GmbH and its employees can also act as participants on Sugartrends. The same terms & conditions will then apply for them.
XIV. Change of terms & conditions
Numoma GmbH will announce changes of the terms & conditions on the Sugartrends website or per email. If a participant does not object to the change, by email or in writing, within a period of two weeks from notification of the change, the new terms & conditions apply. If a participant does not accept the new terms & conditions, Numoma GmbH has the right to cancel the participation.
C. Special conditions for vendors and buyers
I. The role of the vendor and buyer
The vendor decides, which products he or she would like to offer, and the above mentioned conditions of Sugartrends. Items being offered on Sugartrends, need to be in the possession of the vendor, when being offered on Sugartrends. Or otherwise are able to be ordered instantly after the purchase as a “build to order” from the designer, producers, gold smiths etc. It is prohibited to offer products, that need to be acquired from another store, producers etc. after the purchase of a buyer online.
In order to register as a vendor, one has to be a natural or legal person/ corporate entity or business form that acts properly according to the law applied in the country, where the store is registered.
The vendors define the price of the offered products. However, they are not allowed to offer these products at any other online or offline business for a lower price. Also they may not offer additional services, which they do not offer on Sugartrends.
1.1. Price condition, guarantees or add-ons: The price on Sugartrends including all services, guarantees or add-ons may not be higher than on any other online or offline location, store or market, where the vendor is also offering the product.
1.2. Services and refund conditions: The vendor has to give the customer on Sugartrends at the least the same level of service such as delivery or refund policies as on any other online or offline location, store or market.
1.3. Identical content and updated information. The vendors guarantees that all provided information on Sugartrends is updated and has identical information and quality as in any other online or offline location, store or market.
2. Obligations of the vendor
The vendor needs to describe the products being offered as best, honest and detailed as possible. After the acceptation of the purchase order of the buyer, the vendor has to send the item immediately to the buyer. The vendor needs to calculate the shipping costs as agreed with upon with Numoma GmbH.
The vendor has to identify the country, from where the product will be shipped to the buyer.
3. Sales tax and other taxes on products/ services of the vendor
The vendor has to calculate and list all taxes and fees that occur when selling a product to a buyer in a certain region or country, unless the buyer has to conduct these taxes or fees him or herself. The vendor has to instantly inform Numoma GmbH on the final price incl. all taxes and fees. Numoma GmbH has no obligation to calculate and list these taxes and fees.
4. Price and shipping costs
Prices include VAT but exclude delivery costs. Country specific fees such as duties may occur and will be directly paid to the shipping company on delivery.
5. Further assurance of ownership and guarantees
The vendor assures, that he or she is permitted to sell the product, that no third parties have rights on this product, which could hinder the selling process, and that the product is safe and has the necessary certifications (e.g. CE) and is not violating other legal aspects or laws. The vendor is required to check the age of the buyer, if the sale of the product requires it (e.g. alcohol, adult content)
II. Buyer’s revocation rights
If the vendor is using Sugartrends commercially and is not acting as a private person, the buyer has a the following rights of revocation:
1. Right to cancel/ right to revocate
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (Numoma GmbH, Hohenstaufenring 62, 50674 Cologne, Germany, [email protected] Telefon: +49 221 67 77 88 77 Fax: +49 221 67 77 88 78) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
2. Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to the vendor who sold you the merchandise, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- The right to cancel does not apply to the following kind of contracts:
- Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
- Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
- Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
(If you want to cancel the contract, please fill out the form below and send it back to us)
– To Numoma GmbH, Hohenstaufenring 62, 50674 Cologne, Germany, [email protected] , Fax: +49 221 67 77 88 78
— I / We[*] hereby give notice that I /We[*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service[*]
— Ordered on [*] / re-ceived on [*]
— Name of consumer(s
— Address of consumer(s)
— Signature of consumer(s) (only if this for is notified on paper)
— Date
[*] Delete as appropriate
III. Prohibition of links, which are not directed to Sugartrends’ websites
It is prohibited for the vendors to place links in form of text, graphics or other forms on their offering sections and websites on Sugartrends, unless the link leads to another Sugartrends website. Such links on further Sugartrends websites can also not be used for advertisement or other purposes than selling products on Sugartrends.
Every vendor needs to place on Sugartrends information about his address, telephone number, web and email address as well as a description on his company and products. In addition, every vendor needs to link to Sugartrends.com website from his own store or product website, if Numoma GmbH asks for it.
In case of a prior agreement with Numoma GmbH in advance, vendors are not permitted:
(a) to sell or forward data, which they have received on Sugartrends during a transaction or other usage of Sugartrends, to third parties, unless necessary for the fulfillment of the transaction itself. This data includes especially personal data from customers, their selling behavior etc.;
(b) to send non electronic advertising material to the customers, unless the customers explicitly wishes this;
(c) to send any electronic messages or telephone with the customer, unless it is necessary for the fulfillment of the purchase transaction, a question of a customer or explicitly at the wish of the customer;
(d) to mention offers of third parties, which are not on Sugartrends.
IV. Conclusion of contract
The purchasing contract is between vendor and buyer.
Numoma GmbH will inform the vendor, if a purchase occurred through a buyer on Sugartrends, and forward all necessary details for the transaction (e.g. product, delivery address). The vendor is required to send the product within two business days to the buyer. If Numoma GmbH is giving the vendor functionality on the Sugartrends’ website to update the product information including its availability, the vendor is required to send the product according to the delivery information and time on Sugartrends to the customer. The vendor will give Numoma GmbH all relevant data on the delivery status incl. tracking number, estimated time of delivery etc. Numoma GmbH may publish this information on the Sugartrends website. The vendor will not send any email confirmation directly to the customer, unless Numoma GmbH asks him or her to do so. Right after the order of a buyer (or parts of an order) the vendor will inform Numoma GmbH on the delivery status and which parts if not all have been sent. If the vendor does not accept the order within 7 days after the order date, Numoma GmbH may cancel the order or ask the buyer to cancel the order. The vendor will then stop and cancel the process including a potential delivery on his side. The vendor will respect and act according to all specifications and requirements of the producer, designer etc., as well as to all legal requirements. Numoma GmbH does not assume liability for a delivery to a wrong address.
The vendor will reimburse the buyer fully and pay for all transaction costs if the product was not delivered within 10 days after the estimated time of delivery shown on Sugartrends. The vendor will immediately pay the reimbursement costs directly to the buyer. After the reimbursement, the buyer has the obligation to send back the product, if it has been received in the meantime.
V. Payments reimbursements
The buyer can pay on Sugartrends via credit card, pay-pal or pre-payment through a bank transfer.
The payment due to the vendor consists of the payment by the buyer minus by the commission for Sugartrends and the payment expenses. Numoma GmbH can directly reimburse the buyer if necessary and deduct the amount from the vendor’s costs. In general, the amount due to the vendor will be transformed monthly to the vendor.
VI. Reservation of property rights
1. The vendor as all rights of ownership of the product, until the buyer has fulfilled all payment and obligations.
2. The buyer is not allowed to legally claim, attach or use the product as a guarantee, unless he or she has legally acquired the product through full payment.
VII. Exclusion of participants/ security measures
Numoma GmbH has the right to limit transactions concerning the value amount and frequency. Numoma GmbH does not assume liability for the cancellation, limitation of a transaction and its potential costs or lost revenues for the participants.
If problems with the transaction, the availability of the product or other issues occur between the buyer and the vendor, Numoma GmbH can hold back payments up to 30 days., without incurring legal liability.
VIII. Fees
The fees the vendor has to pay to Sugartrends are separately stated in an extra document called “Terms and Conditions for trading partners of Sugartrends”. If these fees require sales tax, Numoma GmbH will have to charge and therefore add the sales tax to the fee. Numoma GmbH can change the fees by giving 2 weeks notice to the vendor via E-Mail. The vendor has the right to cancel the participation on Sugartrends also upon a 2 weeks notice via email to Numoma GmbH.
Numoma GmbH has the right to introduce new fees for the buyers by a 2-week notice via email.
IX. Cancellation of the participation
The vendor can cancel his or her participation on Sugartrends by a 2-week notice written notice through post or email. Numoma GmbH can also cancel the account and participation of each vendor by a 2-week notice via email without any reasons. At the time of the effective date of cancellation, all rights and duties end, unless they are still necessary to fulfill the orders that were accepted before the effective cancellation date. All fees are due at the time of e binding cancellation date.
X. Choice of Law and Jurisdiction
The contractual relationship between Numoma GmbH and the participants is governed by German law Courts in Berlin, Germany. The contractual relationship between the participants is also governed by German law, unless they have agreed to some other jurisdiction and law separately and a part from the above mentioned law. All products offered on the German website fall automatically under German law if bought within Germany. Nevertheless, the minimum German legal requirements must be fulfilled. If a vendor does not have his own terms & conditions added to the Sugartrends website, these general German legal terms & conditions of Sugartrends are the bases of the contractual relationship between buyer and seller.
XI. Severability Clause
Should any provision of these conditions of participation be or become ineffective then the effectiveness of all the other conditions shall not be affected thereby.
