Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the FRAEND Platform, you agree to comply with and be bound by these Terms.
Consumers can use the European online dispute resolution platform (http://ec.europa.eu/consumers/odr) in disputes with online shops. FRAEND is not obligated/not willing to participate in dispute resolution proceedings before a consumer arbitration board. With regard to listed merchants, please check their information on possible participation.
Thank you for using FRAEND!
Managing Directors: Julius Jacobi
VAT ID-Number: DE319992887
Commercial Register: District Court of Berlin Charlottenburg: HRB 198554
Responsibility according to § 55 sec. 2 RStV
FRAEND is a discovery platform on which you can inform yourself about products and prices during a product search. You can order products via fraend.com from the respective merchants. FRAEND mediates the sales contract, which comes about between you and the respective merchant. Advantages for you are a simple and secure ordering process. We are also happy to assist you with your order.
If you are a merchant and have technical or general questions regarding your listing on FRAEND, please do not hesitate to contact us. If your online shop is not yet listed on FRAEND and you are interested in a listing, please register here for free.
If there are any errors on our site, please contact:
Youth and Data Protection Officer
Table of Contents
1. General Terms and Conditions
These General Terms and Conditions govern the access, browsing and use of the Internet platform fraend.com (hereinafter also referred to as “websites”), as well as the use of any services they provide. These Terms and Conditions may be amended from time to time. Such amendments take effect immediately upon their publication on these websites. The currently valid version is the version accessible on the websites at the time the Internet user makes concrete use of the websites and their services. By accessing or using any part of the websites or the services they offer, the user agrees to be legally bound by these Terms and Conditions. Otherwise, use of the websites and the services they offer is not permitted. Certain services on the websites are additionally governed by their own specific conditions, which are clearly posted in the appropriate places. These specific conditions are valid alongside the General Terms and Conditions and take precedence over them in the case of doubt.
These websites are operated by FRAEND GmbH, Gaudystrasse 10, 10437 Berlin, Germany (hereinafter also referred to as “FRAEND”).
2. Services of the Websites
The websites are aimed at end consumers (hereinafter also referred to as “customers”) who purchase, apply for or inform themselves (or each other) about products via the Internet. On the websites, customers receive free price overviews and references to the sources of supply of products that are offered online by retailers, suppliers and third parties (including white label cooperation partners) (hereinafter also referred to as “Online Shops”).
The information provided on the websites does not represent any legally binding offer on the part of FRAEND. The information research is widely automated and based to a great extent on information that FRAEND receives from the Online Shops and third parties (e.g. manufacturers and media). Data from the Online Shops and third parties is repeatedly updated via automatic processes throughout the day. In individual cases, discrepancies may occur, especially in regard to the prices (which also affects the ranking of the offers), the availability and the delivery times of products. Due to the sheer quantity of information to be processed, errors cannot entirely be ruled out, especially in cases where the incorrect information can be attributed to the Online Shops or other third parties. Therefore, FRAEND cannot assume any liability for the accuracy or inaccuracy of the information provided. This shall not apply if FRAEND is informed about the inaccuracy of the information, through a customer, for instance, and does not correct it or at least take action to have the Online Shop or third party correct it.
FRAEND hereby expressly emphasises that not all online shops and offers existing on the market are taken into account on the websites. The available selection remains the sole discretion of FRAEND and the Online Shops. The comparison results serve to provide an overview of the Online Shops cooperating with FRAEND on a remuneration basis and make no claims of displaying a complete overview. FRAEND reserves the right to remove individual products from the websites without prior notice to the customers.
3. Contractual Relationships
FRAEND does not become party to any purchase or other contract of any nature made in the course of acquiring the products represented on the websites. Contracts involving the acquisition of products represented on the websites are concluded exclusively between the customers and the Online Shops. In the case of such contracts, the respective terms and conditions (including cancellation policies) of the individual Online Shops apply. When the customer is interested in a product, the customer is generally taken via a link directly from FRAEND's websites to the web page of the Online Shop from which the offer in question originates. Before concluding a contract or a purchase, users themselves are responsible for checking whether the relevant data provided by the respective Online Shop is accurate and up to date. FRAEND hereby expressly emphasises that in the event of an advance payment made by the user to an Online Shop, the credit risk is borne solely by the user.
On occasions, and only when labelled, a customer's contract offer for certain products listed on the websites may occur directly and without the customer being taken to the web pages of the Online Shop. In such cases FRAEND neither represents one of the contracting parties nor becomes party to any potential contract concluded between the customer and the Online Shop. All contract obligations are agreed solely between the customer and the Online Shop. Legal warranty rights apply to all product purchases and furthermore, the respective terms and conditions (including cancellation policies) of the Online Shop may apply to these contracts and/or the terms and conditions of the payment service provider. FRAEND assumes no responsibility as to whether the products displayed on the websites can actually be ordered or purchased from the Online Shop in question according to the declared terms and conditions.
All brand names, logos and/or other product designations on the websites are registered and protected trademarks or trade names of the respective owners.
4. Service Fees
FRAEND offers Online Shops a 30-day test period (“trial”), starting upon the first day of listing their products on FRAEND’s websites. During the trial, Online Shops are not charged any service fee.
After the trial, Online Shops are charged a 5% service fee, if they sell products to customers, following their visit to FRAEND’s websites. This is calculated based on the total purchase value and is billed in a monthly cycle. FRAEND does not impose any minimum contract terms.
Depending on the laws of the jurisdiction involved, VAT may be charged on top of the total purchase value. The service fee will include these VAT charges when applicable.
FRAEND gives adult customers with unlimited legal capacity the opportunity to register free of charge with FRAEND in order to open their own customer account, use extensive functions on the website and enjoy individualised information and offers.
The provision of the registration possibility by FRAEND is non-binding and merely represents the request for the submission of an offer for the opening of a free customer account by the respective customer. With the registration and its confirmation by the user within the framework of the so-called double opt-in process, the customer confirms that he is of legal age and has unlimited legal capacity. The acceptance by FRAEND in the form of the provision of a customer account is subject to the reservation of examination by FRAEND. The functions and services of FRAEND included with the opening of the customer account are free of charge for the customer and non-binding for FRAEND. The customer has no claim to the services offered by FRAEND, not even to their correctness or completeness.
The respective customer is responsible for the confidentiality of his customer account. In particular, he is obliged to protect the access data from being viewed and disclosed by third parties.
FRAEND reserves the right to exclude the respective customer from its services if this customer uses the services in a way that is intended or suitable to endanger the functionality of the services or to commit or promote criminal offences.
6. User Contributions
Customers can express opinions concerning Online Shops, products with text or image contributions and ratings directly on the websites. Participation is not legally enforceable and cannot be required or demanded. FRAEND reserves the right not to publish customer contributions.
A customer may only submit a review or rating if he/she has used the Service in question and is neither the Owner of the Service, nor being commissioned or compensated by the Service to do so. FRAEND expressly distances itself from third party reviews on the websites and is not liable for them. Services reviewed may express objections to these reviews by submitting their justification along with any supporting evidence to fraend.com. After receiving an objection, FRAEND shall promptly investigate the review and, when applicable, remove the review or request that the customer make changes thereto.
With the submission of reviews and images, the user grants FRAEND the simple, gratuitous, revocable, spatially and temporally unlimited right to use the submitted content and the accompanying rating (including the right to modify this content, as long as the editing and modification of this content remain true to the original spirit of the work, and the right to translate it into other languages). The submitter of the content waives the right to be named or otherwise identified as author. The usage rights hereby granted are restricted in their content and scope to what is necessary for the operation, provision and improvement of services at FRAEND.
7. Indemnification regarding Customer Contributions
The customer will indemnify FRAEND against any and all claims by third parties brought against FRAEND due to alleged damaged incurred through the publication of the customer's text or image contributions on the websites. The customer will bear the costs of the necessary legal defence (in particular court and lawyers' fees) that FRAEND incurs through a legal assertion of claims. This does not apply when the customer is not liable for the legal violation.
The following exclusions and limitations apply with regard to FRAEND's liability, notwithstanding other legal claim requirements: FRAEND assumes liability if the cause of damage is the result of wilful misconduct or gross negligence on the part of FRAEND. FRAEND is only liable for simple negligence in case of a breach of an obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligation). In all other respects, liability for compensation for damage of any kind, regardless of the basis for claim, including liability for violation of mutual confidence in the preparation of contract, are excluded. If FRAEND assumes liability for an instance of simple negligence, this liability is limited to the damage that the occurrence of which could typically be expected due to circumstances known upon conclusion of the contract. The aforementioned exclusions and limitations of liability do not apply in cases of mandatory legal liability, in particular pursuant to the German Product Liability Act, in the event of the assumption of a guarantee, as well as for culpable injury to life, body or health.
The aforementioned exclusion and restrictions of liability also apply to employees, auxiliary persons and other third parties, serving FRAEND in the capacity of fulfilment of contract.
FRAEND assumes no liability and makes no guarantee as to the type, completeness and quality of the products, services or information from the Online Shops and/or other third parties, accessible either directly on the websites or indirectly, via links for instance. In particular, FRAEND assumes no liability and makes no guarantee as to the proper functioning and compatibility of systems, programs, etc., that are not directly part of FRAEND's services and over which, therefore, FRAEND has no influence. As such, FRAEND cannot assume liability for the accessibility and availability, the graphics, content or other technical design, structure or functionality of the websites of the Online Shops or third parties or for the products, services or information these third-party websites offer or do not offer.
9. Intellectual Property Rights
The websites contain data, search results, texts, graphics, software and other information that are protected under intellectual property right provisions, in particular copyright law and trademark law for the benefit of FRAEND and its employees. Reproduction, public distribution, modification and other encroachments on these rights, whether entirely or in part, are only permitted with the explicit written permission of FRAEND, unless a statutory limit applies. Each unauthorised encroachment represents a violation of these Terms and Conditions and will be prosecuted. In particular, the automated reading of databases and websites (e.g. via scraping) and the integration of the contents of the websites in a frame without FRAEND's permission is not permitted. The user is solely permitted to use the application for the individual comparison of offers from Online Shops for his/her own private needs.
10. Validity of German Law
The use of the websites and these General Terms and Conditions are governed solely by the laws of the Federal Republic of Germany, whereby the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
11. Place of Jurisdiction and Severability Clause
If the customer is a registered merchant or trader, a legal entity under public law or a special fund constituted as a public law entity, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and FRAEND is FRAEND's registered office.
If certain provisions of these General Terms and Conditions are or become partially or wholly invalid or ineffective, this shall not affect the validity of the remaining provisions. Any unincorporated or ineffective General Terms and Conditions are replaced by statutory law. Furthermore, the parties undertake to replace the invalid or ineffective provision with an effective provision that comes as close as possible to fulfilling the economic intent and purpose of the invalid provision, as far as a supplemental interpretation is not possible or does not take priority.
June 6 2019