General Terms & Conditions
Part 1: General Conditions
§ 1 Scope of application
(1) TRENDFILTERⓇ (hereinafter referred to as "TRENDFILTERⓇ") provides its services on the basis of these General Terms and Conditions (GTC). These shall also apply to contracts concluded between the parties in the future, even if the GTC are not expressly agreed upon again. The version of the GTC valid at the time of the conclusion of the contract is decisive in each case.
(2) TRENDFILTERⓇ does not accept any deviating terms and conditions of the customer, unless TRENDFILTERⓇ has explicitly agreed to them in writing. These GTC shall also apply if TRENDFILTERⓇ unconditionally renders its services in the knowledge of conflicting or deviating terms and conditions of the customer.
(3) Customers in the sense of these GTC are exclusively entrepreneurs.
(4) Individual agreements shall only apply if they are set down in writing.
(5) Amendment of the General Terms and Conditions
a.TRENDFILTERⓇ is entitled to amend less important provisions of these General Terms and Conditions at any time and without stating reasons, provided that such amendment does not lead to a reorganization of the contractual structure as a whole. The weighty provisions include, in particular, provisions concerning the type and scope of the contractually agreed services, the term and the termination of the contract.
b.The amended terms and conditions shall be sent to the customer in writing or by e-mail at least six weeks before they come into force. The amendments shall be deemed approved if the customer does not object to them in text form. The objection must be received within six weeks after receipt of the notification. TRENDFILTERⓇ will specifically point out the possibility of objection and the significance of the six-week period in the notification letter. If the customer exercises his right of objection, TRENDFILTERⓇ will be deemed to have rejected the proposed modification. The contract will then be continued without the proposed changes. The right of the contracting parties to terminate the contract remains unaffected.
§ 2 Subject matter of the contract
The subject matter of the contract results from these GTC as well as from the provisions made in the offers and price lists. The assumption of a guarantee for specific characteristics (quality) requires written confirmation by TRENDFILTERⓇ in order to be effective.
§ 3 Conclusion of contract
(1) All offers from TRENDFILTERⓇ are subject to change.
(2) Contracts shall be concluded as set out below:
a. Events by TRENDFILTERⓇ, commissioning of speakers and awarding of memberships as network partners: The contract is concluded upon receipt of the order confirmation by TRENDFILTERⓇ.
b. TRENDFILTERⓇ is commissioned by customers to carry out events, lectures, moderations, design services, planning services for interiors, etc.: The contract is concluded upon receipt of the order confirmation by the customer at TRENDFILTERⓇ, at the latest upon provision of the service by TRENDFILTERⓇ.
(3) Delivery and performance dates or periods stated in the contracts are only binding if they have been designated as binding by TRENDFILTERⓇ in writing.
§ 4 Prices, payment, set-off and right of retention
(1) All prices/fees are net amounts in Euro, plus the statutory value added tax.
(2) All services of TRENDFILTERⓇ will be rendered according to the price list of TRENDFILTERⓇ valid at the time of the conclusion of the contract or on the basis of an individual price agreement.
(3) The customer shall be in default even without a reminder if he does not pay the amount of the claim contained in an invoice within 30 days of receipt thereof.
(4) In case of default of payment, TRENDFILTERⓇ is entitled to charge interest at a rate of 8 percentage points above the base rate.
(5) The customer is only entitled to set-off against claims of TRENDFILTERⓇ if his counterclaims have been finally adjudicated, TRENDFILTERⓇ has acknowledged them or if the customer's counterclaims are undisputed. This also applies if the customer raises complaints or counterclaims. However, the customer may exercise a right of retention if his counterclaim is based on the same contract.
§ 5 Warranty and limitation of liability
(1) TRENDFILTERⓇ shall be liable without limitation if the damage was caused by intentional or grossly negligent breach of duty by TRENDFILTERⓇ, one of its legal representatives or vicarious agents.
(2) TRENDFILTERⓇ shall also be liable for the slightly negligent breach of fundamental contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In this case TRENDFILTERⓇ is only liable for foreseeable damages, the occurrence of which could typically be expected. TRENDFILTERⓇ is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
(3) The limitation period for warranty claims is 12 months. The limitation period begins with the handover of the contractual objects or the provision of the agreed service.
(4) The above shortening of the limitation periods and limitation of liability shall not apply to claims for damages by the customer based on injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product, in the case of fraudulently concealed defects and for claims for damages based on a breach of material contractual obligations. Also excluded from the shortening of the limitation periods is the right of recourse according to § 478 BGB.
(5) The liability according to the product liability law remains unaffected.
§ 6 Retention of title
Until full payment of the remuneration/fee, the contractual items remain the property of TRENDFILTERⓇ. The customer is obliged to properly insure the items/documents subject to retention of title and to provide TRENDFILTERⓇ with evidence of such insurance upon request.
§ 7 Image and sound recordings
(1) Image and sound recordings and their forwarding to third parties or their publication of any kind (including drawings and sketches) hereinafter "recordings") at the event location and in the exhibition area are not permitted. Prior agreement with TRENDFILTERⓇ is required. In case of infringement TRENDFILTERⓇ is entitled to confiscate and store drawings, sketches, and exposed or recorded image and/or sound carriers at the expense of the exhibitor. In addition, without prejudice to further claims, a contractual penalty shall become due, the amount of which shall be determined by TRENDFILTERⓇ at its reasonable discretion, but in any individual case shall not exceed Euro 5,001.
(2) For all present and future media, the customer irrevocably and gratuitously consents that TRENDFILTERⓇ or third parties commissioned by it are entitled to make recordings of him, of exhibits and/or individual exhibits within the scope of the event, also going beyond the reproduction of a current event, and to process them in whole or in part and to reproduce them, also in processed form, to broadcast them, to exhibit them and to use them in audio-visual media; in particular, but not exclusively, TRENDFILTERⓇ and its affiliated companies within the meaning of § 15 AktG (German Stock Corporation Act) are also entitled to use such material for advertising purposes. The customer will be additionally informed about this in the respective offers of TRENDFILTERⓇ and gives an independent consent in this respect.
§ 8 Copyright, rights of use and rights of promotional use
(1) All documents produced by TRENDFILTERⓇ are protected by copyright. Customers are granted a simple, non-transferable right to use these documents for personal use only. In particular, customers and third parties are not permitted to modify the content or editorial content of the documents or to use modified versions, to copy them for third parties, to make them publicly accessible or to forward them, to place them on the Internet or other networks, whether for payment or free of charge, to imitate them, to resell them or to use them for commercial purposes. Any copyright notices, marks or trademarks may not be removed.
(2) If TRENDFILTERⓇ develops copyrights, ancillary copyrights, rights of use or other intellectual property rights for the customer or contributes its own existing rights to documents (including plans, drafts, sketches, drawings, data), TRENDFILTERⓇ grants the customer an irrevocable, non-exclusive, perpetual, sub-licensable right, unrestricted in terms of location and content, to use the results produced within the scope of the order, insofar as this results from the purpose and area of application of the order.
(3) The customer grants TRENDFILTERⓇ the irrevocable, simple and sub-licensable right to use the rights brought in by the customer (company logo, company name, handout version of the lectures of the speakers) for the purpose of their agreed service provision for advertising purposes.
(4) TRENDFILTERⓇ is entitled, even after completion of the order, to enter the trade fair stand/structure in agreement with the customer in order to make recordings and use them for its own advertising purposes. TRENDFILTERⓇ is not responsible under press law, copyright or competition law for the use of content supplied by the customer with regard to the previous sentence. In addition, the customer warrants that it has the necessary rights and authority with respect to such content. The customer indemnifies TRENDFILTERⓇ against liability from all claims of third parties, which are asserted from the possible infringement of their property rights or other legal rights of these third parties, except the infringement is due to content for which TRENDFILTERⓇ is responsible.
(5) TRENDFILTERⓇ is entitled to be mentioned by name e.g. on/at design services, documents, exhibition stands, product brochures produced by it.
§ 9 Exemption and freeing
(1) In the event that a third party asserts a claim against TRENDFILTERⓇ for possible infringement of rights based on illegal or infringing acts of the customer or errors in the content of the information, content, brochures, handouts, etc. provided by the customer, the customer is obliged to indemnify TRENDFILTERⓇ from any liability and to reimburse TRENDFILTERⓇ for any costs incurred by TRENDFILTERⓇ as a result of the claim.
(2) The indemnification obligation also includes the obligation to fully indemnify TRENDFILTERⓇ from legal defense costs (court and attorney fees, etc.). Other claims of TRENDFILTERⓇ, in particular for extraordinary termination, remain unaffected.
§ 10 Data protection
(1) TRENDFILTERⓇ observes the legal regulations on data protection when handling personal data. The legal basis for this is the Telecommunications Act (TKG) and the Federal Data Protection Act (BDSG). Inventory data is personal data that is required for the establishment, modification and content of the contract, e.g. name, address, date of birth. Traffic data is data that is collected, processed or used in the course of providing the subject matter of the contract. TRENDFILTERⓇ is entitled to use the traffic data even after termination of the subject matter of the contract, if this is necessary for the legally intended purposes.
(2) TRENDFILTERⓇ uses personal data exclusively within the scope of the legal regulations. Customer data will only be used for consultation or advertising if the customer has consented to this. In addition, TRENDFILTERⓇ may send text or image messages to the customer's telephone, postal or e-mail address within the scope of the customer relationship for the purposes stated above. The customer may object to this use vis-à-vis TRENDFILTERⓇ at any time or revoke his consent.
(3) The customer agrees irrevocably and free of charge for all present and future media that TRENDFILTERⓇ is entitled to create, reproduce, broadcast or have broadcast image and/or sound recordings of his person, which go beyond the reproduction of a current event, as well as to use them in audio-visual media.
§ 11 General provisions
(1) The contractual language is German.
(2) Legal disputes arising from or in connection with this contract shall be governed exclusively by German law, to the exclusion of any legal provisions referring to another legal system. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) Place of performance is the registered office of TRENDFILTERⓇ in Bad Oeynhausen.
(4) The place of jurisdiction for legal disputes arising from or in connection with this contract is the registered office of TRENDFILTERⓇ in Bad Oeynhausen.
(5) Should individual provisions be or become invalid, this shall not affect the validity as a whole. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.
PART 2: SPECIAL CONDITIONS
§ 1 TRENDFILTERⓇ event
The customer, hereafter in part 2, § 1 to be understood as "visitor of the event", can withdraw from the contract at any time. However, this is only possible in writing, text form is sufficient. Alternatively, a substitute participant can be named. In order to meet the deadline, the notice of withdrawal must be received by TRENDFILTERⓇ in text form. In the event of withdrawal, the following payments are to be made by the customer:
a. in case of cancellation more than 4 weeks before the beginning of the event: 50% of the participation fee as processing fee
b. Cancellation less than 4 weeks before the start of the event: 100% of the participation fee
(2) TRENDFILTERⓇ is entitled to cancel the event due to force majeure, due to the inability of a speaker to attend, due to disruptions at the event location or due to an insufficient number of participants. The participants will be informed immediately. The participation fee will be refunded in these cases, except in cases of force majeure. A claim for compensation of travel and accommodation costs as well as loss of work is excluded. Further claims cannot be asserted.
§ 2 TRENDFILTERⓇ commissions speakers
(1) The speakers (also referred to as customers in these General Terms and Conditions) will arrive at the TRENDFILTERⓇ premises in good time, at the latest one hour before the lecture, in order to carry out a technical rehearsal.
(2) Customers shall provide TRENDFILTERⓇ with their presentation in the form of a ppt/pptx or PDF file as well as a handout version of their presentation in PDF file up to one week before the start of the event. The handout version of the presentation will be made available to the participants for download in the password-protected member area of the TRENDFILTERⓇ website after the event. In this respect, the granting of the right of use agreed in Part 2, § 8 paragraph (3) of these GTC applies.
(3) If it is not possible for the customer to perform according to the contract because he is personally prevented from doing so, he is obliged to provide a substitute of equal or higher quality and to offer this to TRENDFILTERⓇ. TRENDFILTERⓇ will decide whether to accept the substitute. If the remuneration of the substitute speaker is higher than the agreed remuneration of the prevented speaker, these additional costs are to be borne by the prevented speaker. Excluded from this paragraph are hindrances due to force majeure.
(4) The customers have to present within the scope of the agreed topic. If the service is not provided within the scope of the agreed topic, no service has been provided.
(5) The customers pay the fees and charges (such as those of the artists' social security fund) to be paid by the organiser in accordance with the relevant laws on their own responsibility.
§ 3 Services of TRENDFILTERⓇ outside the premises of TRENDFILTERⓇ.
(1) Subject matter of the service are moderations, lectures, workshops, creation of exhibition stands, which take place outside the premises of TRENDFILTERⓇ and are provided by TRENDFILTERⓇ. The concrete scope of services results from the corresponding offer, which has become part of the contract.
(2) Cancellation by customers
In case of cancellation, TRENDFILTERⓇ will be charged 25% of the agreed fee as cancellation fee. In case of a cancellation less than 12 weeks before the booked date, this amount increases to 50% of the agreed fee and in case of a cancellation less than 2 weeks before the booked date, the agreed fee has to be paid in full to TRENDFILTERⓇ. The customer is allowed to prove that no damage has occurred at all or that the damage is significantly lower than the lump sum.
(3) Performance obligations of the customer
The customer must prepare and carry out the event technically and organisationally in such a way as to ensure that everything runs smoothly. Details are specified in the booking confirmation.
(4) Picture material, picture and sound recordings
TRENDFILTERⓇ does not transfer any rights to their performance to the customer. Sound, image or sound/image recordings are only permitted with the prior consent of TRENDFILTERⓇ. Excluded from this are sound, image or sound/image recordings for the purpose of internal documentation of the event for the customer. Radio and/or television recordings and their exploitation in the usual, excerpted use in the sense of current reporting are permitted on radio, television or the Internet (limited recording permission). For any further use of the recordings, the prior consent of TRENDFILTERⓇ is required. In case of consent, this will usually only be granted against a separate fee. In any case the customer is obliged to inform TRENDFILTERⓇ about the recording and the transmission in time before the beginning of rehearsals and events. In case of violation of the approval requirement TRENDFILTERⓇ's obligation to perform will be cancelled. The claim to remuneration remains in full force.
TRENDFILTERⓇ is entitled to a free copy of the documentation/recording (full resolution, not copy-protected) for free use upon request - if produced. The same applies to image recordings (photos). In particular, TRENDFILTERⓇ is entitled to use these and self-produced recordings for its own advertising and reference purposes, including for presentation on the Internet.
§ 4 Membership as a network partner in the FURNITURE FUTURE FORUM
(1) The concrete scope of services results from the corresponding contract.
(2) Subletting of exhibition space
Complete or partial subletting of the stand and the offering of goods and services by third parties require the prior approval of the organizer. A separate fee will be agreed for this.
The network partner/customer indemnifies TRENDFILTERⓇ from all claims for damages which may be asserted by third parties in connection with the exhibition space and for which the lessor is not responsible.
(4) Withdrawal from the contract by the customer
The withdrawal from the contract by the customer can be made at any time in text form. In the event of withdrawal, the following payments are to be made by the customer:
a. in case of cancellation within 12 weeks up to 6 weeks before the start of the membership, 10 %
b. in case of cancellation within 6 weeks up to 4 weeks before the start of the membership, 20 % of the membership fee is due.
c. in case of cancellation within 4 weeks up to 2 weeks before the start of the membership, 30 %
d. in case of cancellation within 2 weeks to 3 calendar days before the start of the membership, 40 % of the membership fee is due.
e. in case of cancellation within 3 calendar days before the start of the membership, 80 % of the agreed price. It depends on the receipt of the cancellation notice by TRENDFILTERⓇ. If the customer does not inform TRENDFILTERⓇ of the cancellation before the start of the membership, the agreed price will be charged at 100%. The aforementioned cancellation deadlines also apply to partial cancellations. The customer retains the right to demand proof from TRENDFILTERⓇ that no damage at all or significantly less damage than the flat rate has been incurred.
(5) Contract period, termination
The contract period is 1 year and can be terminated by either party with a notice period of 6 months to the end of the year. If the contract is not terminated (in due time), it will be automatically extended by 1 year. Notice of termination must be given in text form. The right to terminate for good cause remains unaffected.
(6) Handover and return of the rental property:
The exhibition spaces are provided and handed over exclusively on the basis of the agreements made and these GTC. The exhibition spaces will be taken over in the condition in which they are at the time of taking possession. The customer must immediately notify TRENDFILTERⓇ of any obvious defects which are recognisable to him at the time of handover. If no complaints are made by the customer, the exhibition areas and their equipment are deemed to have been taken over in proper condition. At the end of the contract period, the exhibition areas are to be returned in the same condition as when they were taken over. Any inventory and objects brought in must be completely removed by the customer within the term of the contract. Drill holes are to be closed and walls are to be painted white. Temporary storage, for which any liability for damages or losses incurred is excluded, must be agreed with TRENDFILTERⓇ.
(7) The customer shall be liable for all culpably caused personal injury, property damage and financial loss caused by its exhibition set-up and dismantling, its facilities, its exhibition goods and their operation or by its employees and agents.
(8) Technical equipment and connections
Insofar as TRENDFILTERⓇ procures technical and other equipment from third parties for the customer at the customer's instigation, it acts in the name, on behalf and for the account of the customer. The customer is liable for the careful handling and proper return of the equipment. The customer indemnifies TRENDFILTERⓇ against all claims of third parties arising from the provision of these facilities.
The use of the customer's own electrical equipment using the power grid of TRENDFILTERⓇ requires the customer's consent. Malfunctions or damage to the technical equipment of TRENDFILTERⓇ resulting from the use of such equipment shall be borne by the customer, unless TRENDFILTERⓇ is responsible for such malfunctions or damage. TRENDFILTERⓇ is allowed to record and charge the electricity costs resulting from the use as a lump sum.
Malfunctions of technical or other equipment provided by TRENDFILTERⓇ will be remedied immediately, if possible. Payments may not be withheld or reduced if TRENDFILTERⓇ is not responsible for these disruptions.
(9) Loss, damage and condition of items brought with you
Exhibits or other items, including personal items, are carried along in the event rooms at the risk of the customer. TRENDFILTERⓇ assumes liability for
TRENDFILTERⓇ shall not be liable for any loss, destruction or damage, including pecuniary loss, except in the case of gross negligence or intent on the part of TRENDFILTERⓇ. This does not apply to damages resulting from injury to life, body or health. In addition, all cases in which, due to the circumstances of the individual case, safekeeping constitutes a duty typical for the contract, are excluded from this exemption from liability.
Decorative material brought along must comply with the fire protection requirements. TRENDFILTERⓇ is entitled to demand official proof of this. If such proof is not provided, TRENDFILTERⓇ is entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with TRENDFILTERⓇ in advance.
§ 5 Users of the "COLORNETWORK" online platform
(1) Users of the online platform "COLORNETWORK" are to be understood as, for example, architects who use the online platform "COLORNETWORK" in such a way that they find products there and then purchase them via the manufacturer.
(2) TRENDFILTERⓇ does not owe the user and does not guarantee that the colours and products admitted to the Internet portal www.colornetwork.org do not deviate from each other in terms of colour. Individual colour perception plays just as much a role in the assessment as do variations due to different lighting conditions, surfaces or materials. During the application and approval phase, COLORNETWORK will bring the products together and assess under daylight conditions whether they can stand harmoniously in a room. Color variations are common in this process. The "users" must accept these colour variations. TRENDFILTERⓇ is not liable for them.
These Terms and Conditions are valid as of 15.02.2022 and replace all previous versions.