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Independent Partner

Terms of Service

 

1 Introduction

 

1.1 The General Terms and Conditions (hereinafter referred to as "GTC") of "truu wasserweik gmbh" (hereinafter referred to as truu) apply to all contracts concluded by a consumer or entrepreneur (hereafter referred to as "Customer") with truu regarding truu's online shop Completing goods and / or services.

1.2 These GTC also apply to the contractual relationship between truu and the active participants (customers) of the truu partner program, which operates truu via its own distribution platforms ("TPP").

1.3 A customer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity. For the purposes of these General Terms and Conditions, an entrepreneur is any natural or legal person or a legal partnership that, in the course of concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.

 

2 Scope

The terms and conditions apply to all products or services that truu offers. Sale and delivery are only according to the terms and conditions of truu. Conflicting or deviating terms and conditions of the customer are not recognized, unless truu has expressly and in writing approved their validity. The current and binding version of the GTC is published on www.truu.com. A written copy can be obtained from truu.

 

3 services from truu

truu provides all services professionally and carefully in accordance with these Terms and Conditions as well as the other contractual provisions. truu strives to constantly provide its customers with the best and most up-to-date products.
The Customer is entitled to reimbursement of truu's promotional fees in connection with his participation in the TPP in relation to orders generated by his active application by truu. These are regulated in the TPP. The tracking logs all activities of the customer. On the basis of the brokered orders and the resulting net value of the goods, the advertising subsidies are paid, which truu pays the customer once a month. This takes into account all net sales that are completely retained by customers after delivery, as well as all net sales that are retained by the customers after partial returns. The current advertising subsidies can be found in the TPP. In addition to the personalized information page, the admission to the TPP provides the customer with a broad selection of advertising materials that are regularly adapted to the product range.

truu operates its website and the services it offers, such as providing product data, technical capabilities available under the TPP. In this context, truu owes no error- and uninterrupted availability of the websites. The quality and correctness of the products and / or advertising materials offered on the truu website are at the sole discretion of truu.4 No guarantee for product information and availability and warranty information

truu always endeavors to inform and educate customers about the products and services offered. Some of this information is sourced directly from the manufacturers and put together by truu for the customers in a clear and customer-friendly way. Any information about products, services, warranty conditions and warranty period, which are published by truu, are therefore without guarantee and not to be understood as an assurance. In particular, no liability can be assumed for the accuracy, completeness and timeliness of the information.

truu attaches great importance to maintaining the availability details carefully and to identify them as correctly as possible. However, delivery delays may occur due to production or delivery bottlenecks or faulty inventory data. All information on delivery times are therefore not binding and without guarantee and are subject to change without notice. Delivery can also be made completely impossible if a product can no longer be manufactured or delivered. In this case, an impossibility of delivery occurs (resolution condition) according to para. 6 of the Terms and Conditions.

5 prices

All prices are exclusive of VAT, advanced recycling fees and copyright fees, unless otherwise noted.

6 contract conclusion

The products, services and prices published on www.truu.com are considered offer. However, this offer is always under the (resolving) condition of an ineligibility or a wrong price quotation (from the manufacturer or from truu).

The contract is concluded as soon as the customer places his order via the online shop, an order form, in a shop, by telephone or e-mail. The arrival of the order in an online order is displayed to the customer by means of an automatically generated order confirmation by e-mail. Receipt of the automatically generated order confirmation does not imply that the product is actually available or can be delivered. It merely indicates to the customer that the order placed has arrived at truu and thus the contract has been concluded, which is subject to the condition the non-delivery stands.

If any of the above (terminating) conditions occur, the contract will be terminated immediately and without the participation of the parties. The customer will be informed immediately. If the delivery of the product has already been made before, the property is automatically returned to Wasserweik and the customer is obliged to return the goods (with repayment of the price paid by truu). If the delivery of the product has not yet taken place, the customer is not obliged to pay the purchase price or to accept it. As a result of such a termination of the contract truu is not obliged to make a replacement.

A contract between truu and a customer for the use of truu advertising materials or the use of the truu platforms is concluded exclusively via the application process of the truu platform or registration via an order form, in which the customer makes an offer to participate in the truu platform TPP and accepts these terms and conditions.

Subject of this contract is also the voluntary participation in the TPP and the application of truu (www.truu.com) by the customer as advertiser and independent partner in the context of the TPP. For this purpose, truu provides the advertiser with a selection of advertising material (for example advertising banners, buttons, text links) via the TPP and a personalized customer site (for example www.truu.com/yourpartyID). The TPP does not establish any other contractual relationship between the parties beyond this contract.

The customer will place the truu advertising means on his / her own website (s) registered in the TPP (hereinafter referred to as the "customer website") or exclusively use the truu customer site. The customer freely decides whether and for how long he places the truu advertising material on the customer's website and is entitled to remove the truu advertising material at any time.

For the application and successful placement of orders, the customer receives from truu advertising subsidies, which are dependent on the scope and real value of the service. The origin and amount of these advertising subsidies result from the respective valid Wasserweik program.

truu reserves the right to adjust these terms and conditions at any time. Any changes will be communicated to the customer by e-mail. If the customer does not agree with the changes, he is entitled to inform truu this until the expiry of four weeks from receipt of the notification of change. If such notice is not given within this period, the changes shall be deemed to have been accepted and shall come into effect on the expiry of the period.

7 terms of payment

In general, the customer agrees to pay with the provided payment options. The current payment options and the associated conditions are published on www.truu.com.

Products delivered to the customer remain the property of truu until full payment of the purchase price. The customer grants truu the right to enter a retention of title in the retention of title register.

8 Late payment

If the customer fails to meet his payment obligations, in whole or in part, any outstanding amounts owed under any title shall become due immediately and all deliveries suspended. truu holds the right of withdrawal. This contract cancellation takes effect automatically and without notice after eight days, after truu the customer unsuccessfully send a request for payment.

truu can charge an additional fee of € 100 from the third reminder and the associated manual effort. truu reserves the right to forward collections to a credit agency.

Truu reserves the right to remove the customer's billing status in the event of late payment or other contractual breach of duty or if circumstances become known that reduce the customer's creditworthiness.

The Partner may transfer claims based on this contract against truu only with written consent, by truu, to third parties.

Each Contracting Party may only set off or exercise a right of retention against undisputed or legally established claims of the other Contracting Party.

9 Cancellation and termination of the contract, right of withdrawal

Orders placed with truu are in accordance with para. 6 of the Terms and Conditions and the customer is obliged to accept the service. Subsequent changes and cancellations are possible in certain cases, but are at the discretion of Wasserweik and may be associated with costs (compensation of 30% of the order or at least 100 € and the loss in value of the products since their order).

If the customer does not accept the products within a period of two weeks, despite acceptance of the purchase, truu may terminate the contract (cancel) and reimburse the costs according to para. 9 of the Terms and Conditions.

In the event of delivery being impossible, the truu according to para. 6 of the Terms and Conditions, the customer is entitled to withdraw from the contract at the earliest four weeks after the agreed delivery date. In case of cancellation due to non-delivery, truu will reimburse the customer for pre-paid amounts. For all orders in the online shop is 14 days right of withdrawal.

10 exchanges and returns

The exchange and the return of products are generally not possible. Only by way of exception and in agreement with truu can a replacement or a return take place. The maximum price for all returns and exchanges is always the current price valid on the day of return or exchange.Products ordered specifically for the customer as well as individually configured systems are completely excluded from return or exchange.

11 delivery

Delivered or picked up goods are to be checked immediately for correctness, completeness and integrity. Any errors or damage (visible or hidden) must be reported to truu immediately after detection, but no later than 5 calendar days after receipt of the shipment. For the further procedure of the damage processing the consignment must be kept in the state of delivery and the product may not be put into operation.

When the goods are delivered by a forwarding company, the customer confirms the optical integrity of the delivery by signing, unless a reservation is noted. In this case truu can accept no liability for visible transport damage. This does not apply to hidden defects.

All deliveries by truu are to be understood plus delivery costs. The delivery costs are published via www.truu.com in the shop.

12 returned goods

If the customer wants to return goods to truu, this shall be at the customer's expense and risk at the respective return location announced by truu.

The products must be returned with all accessories in their original packaging and packed properly and insured. The return must be accompanied by a detailed error description and a copy of the purchase invoice.

Returns that can not be assigned to the sender are kept for 12 months and then disposed of.

13 Service and Warranty / Warranty

If truu does not manufacture the products it sells, it has no influence on the durability and functionality of the products or on the manufacturer's warranty. The warranty terms and warranty period of the manufacturer therefore always apply.

In the case of a guarantee, the manufacturers shall each provide for repair, replacement by an equivalent product or compensation in the amount of the time value, but not exceeding the purchase price of the product. The decision is in any case with the manufacturer.

A guarantee can only be provided if there are no grounds for exclusion such as damage due to incorrect manipulation or mechanical damage. These include, for example, elemental damage, moisture damage, fall and impact damage, excessive wear and defects as a result of surgery or modification. Excluded from the warranty or reduced warranty, wear parts, batteries, batteries, lamps, etc.

If the manufacturer or service partner raises costs in the event of a repair outside of the warranty, these are to be borne by the customer. For devices which have no identifiable errors or the defect is not covered by the manufacturer's warranty, Wasserweik or the manufacturer may pass the costs of testing and shipping on to the customer.

The warranty replacement or warranty repair will not extend the original warranty period.

truu can grant the customer a warranty replacement of the product. This preliminary exchange, which is entirely at the discretion of truu, is made under the (suspensive) condition that the manufacturer actually takes over the warranty for the returned product and that there is no ground for exclusion. Thus, the customer acquires ownership of the exchanged product only at this moment.

Incidentally, the statutory warranty provisions in accordance with Art. 197 ff. OR apply.The customer is entitled to rework, but not to any change or reduction.

14 Liability

Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo or tort are, as far as there is no intentional or grossly negligent act, completely excluded against Wasserweik and against the vicarious agents of truu. The liability for indirect damage and consequential damage resulting from the use, due to dysfunction or loss of performance is excluded.

15 Obligations of customers under the TPP

The customer is expressly prohibited from using any other advertising material provided to him by truu or from modifying it on his own initiative.

The customer is forbidden to maintain websites on the Internet, which could lead to a likelihood of confusion with the web presence of truu. The customer is not permitted to mirror this or to transfer graphics, texts or other contents of truu's website. In particular, to avoid the impression that the client's website is a truu project or that the operator is economically related to truu in a way that goes beyond the TPP and this agreement. Any use of materials or content from the website of truu and its logos or trademarks by the customer requires prior written approval by truu.

The customer is responsible for the content and the ongoing operation of his own own customer website and will not place any content that violates applicable law, the good customs or rights of third parties. In particular, violent depictions, sexual and pornographic content and images, misleading statements or discriminatory content (such as gender, race, politics, religion, nationality or disability) are prohibited. Such content may not be mentioned on the customer's website itself nor may it be linked from the customer's website to corresponding content on other websites.

The customer undertakes to carry out e-mail advertising exclusively in compliance with the double-opt-in procedure (permission marketing) and in consideration of all relevant competition law regulations and consumer information obligations, in particular the opt-out option and the imprint. Wasserweik is released from all claims of third parties, misleading and / or missing and / or false statements in the advertising emails, which are the responsibility of the customer, from the customer.

The customer is liable truu that his advertising emails, neither directly nor indirectly against domestic and / or foreign intellectual property rights of third parties and / or other rights that do not enjoy special statutory protection, violate.

The customer undertakes not to use the name "truu" either in the sender's e-mail address, in the subject line of the e-mail or in the source code, and ensures that the customer's visibility as sender of the e-mail is sufficiently guaranteed ,

Search engine marketing and other keyword-based advertising for the truu brand and private labels is not permitted. In case of violation, all generated sales will be canceled.

Site links in Google AdWords ads may only be posted in conjunction with truu when they link to a landing page on the customer site where truu is exclusively promoted. Site links may not be used on the truu brand or on typos or generic terms related to the truu product range. Direct redirect from the Google ad is not allowed. Product listings within the Google Shopping Product Finder may only be used in conjunction with truu if they refer to a landing page of the customer's website or the official truu website. A transfer of product listings to private labels of truu is expressly prohibited.

The customer warrants to use cookies only if an advertisement provided by the TPP is in visible use on the customer's website and the user makes a conscious and voluntary click. The use of add-ons, layers, postview technology and iframes is strictly prohibited and strictly prohibited.

The culpable violation of the above points as well as other intellectual property rights of truu by the customer entitle truu to terminate this contract for an important reason in accordance with the statutory provisions. Any further claims against the customer shall remain unaffected. In particular, truu is entitled to retain or discontinue all services related to the customer.

If truu is made use of by third parties due to a culpable contractual breach of duty by the customer, in particular the above points, or due to a breach of statutory provision by the customer in relation to the placement of the truu advertising means, the customer is obliged truu of all claims of third parties exempted for the aforementioned infringements. If truu requires information or explanations from the customer for the purposes of legal defense, the latter is obliged to provide truu with these immediately and, moreover, the customer will provide truu with adequate legal support.

In such cases, the customer is obliged to reimburse any expenses arising from or in connection with measures taken by truu. In addition, the customer will reimburse all costs resulting from a claim by third parties for the violation of the above rights and / or obligations, e.g. the legal fees, legal costs, in particular costs for independent proof procedures, other disadvantages and damages truu suffers as a result.

All advertising materials require prior written approval by truu in text form.

The customer will immediately remove truu advertising material from the customer's website when requested to do so by truu.

16 Confidentiality

Confidential Information means all information and documents of the other party that are marked as confidential or are considered confidential in the circumstances. In particular, this information about conditions and evaluation materials, which were provided to you by truu employees.

The parties agree to maintain confidentiality about confidential information. The Client will disclose only to those employees confidential information that they need to know in order to perform this Agreement. The Customer will oblige such employees to keep the confidential information confidential during and after the termination of their duties.

The secrecy obligation applies indefinitely beyond the duration of this contract.

17 contract duration, participation in the TPP and termination

Participation in the TPP begins with online registration or registration and ends with deregistration by the partner. However, truu reserves the right to exclude or terminate partners from the program. There is no need for a specific justification. Normally a notice of termination takes place only if it comes to offenses against one or more points of the AGB or business-damaging statements and / or actions are proven.

After termination of the contract, the customer must immediately delete the information and advertising material provided to him without being requested to do so. There is no such right of retention. The partner has to confirm truu the cancellation in writing.

18 Jurisdiction and applicable law

Jurisdiction for all disputes with truu is - subject to divergent mandatory jurisdictions of federal law - Limassol (Cyprus). The contract is subject to German law (excluding the UN Sales Convention (CISG)).

19 Copyright notice

These terms and conditions are protected by copyright. The exclusive right of use belongs to truu. Any duplication, distribution or other use is prohibited / permitted only with the express and written consent of truu.

In particular, the use of these terms and conditions in unmodified as well as modified form for own commercial purposes is prohibited / inadmissible and will be prosecuted under civil law and prosecuted.