Colornetwork - General Terms & Conditions

General Terms & Conditions

Part 1: General Conditions


§ 1 Scope

(1) TRENDFILTER (hereinafter referred to as ‘TRENDFILTER’) renders its services on the basis of these General Terms and Conditions (T&C). These shall also apply to contracts, which are concluded between the Parties in the future, even if the T&C are not expressly agreed on again. Applicable, is respectively the version of the T&C current at the time of the contract conclusion. 

(2) Deviating terms and conditions of the Customer shall not be recognised by TRENDFILTER, unless TRENDFILTER has expressly agreed to them in writing. These T&C shall also apply even if TRENDFILTER in the knowledge of any opposing or deviating conditions of the Customer renders its services unreservedly.

(3) Customers within the meaning of these T&C shall refer exclusively to businesses.

(4) Individual agreements shall only apply, insofar as they have been laid down in writing.

(5) Changes to the General Terms and Conditions

  • TRENDFILTER shall be entitled at any time and without giving reasons, to change less important provisions of these General Terms and Conditions, insofar as this change does not lead to a modification of the structure of the contract as a whole. Important provisions shall include, in particular, regulations which relate to the type and scope of the contractually agreed services, the duration and termination of the contract.
  • The changed conditions shall be sent to the Customer in writing or by email at least six weeks before coming into force. The changes shall be deemed approved if the Customer has not opposed them in text form. The objection must be received within six weeks following receipt of the notification. TRENDFILTER shall make special reference to the possibility of appeal and the significance of the six-week deadline in the notification letter. If the Customer exercises their right of appeal, the change request by TRENDFILTER shall be deemed rejected. The contract shall then be continued without the proposed changes. The right of the contractual partner to terminate the contract shall remain unaffected.

 

§ 2 Contract Item

(1) The contract item arises from these T&C as well as from the regulations agreed on in the offers and price lists. The assumption of a warranty for particular characteristics (quality) shall require written confirmation by TRENDFILTER for their validity.
 

§ 3 Contract Conclusion

(1) All offers by TRENDFILTER shall be non-binding.

(2) Contracts shall be concluded as described below:

  • Events by TRENDFILTER, the recruiting of speakers and awarding of memberships as a network partner: The contract shall come into force upon receipt of the order confirmation by TRENDFILTER.
  • TRENDFILTER shall be commissioned by the Customer to carry out events, lectures, presentations, design services, planning services for interior furnishings among others: The contract shall come into force on receipt of the order confirmation by the Customer at TRENDFILTER, at the latest with the provision of the service by TRENDFILTER.

 

(3) In the contracts, the delivery and service dates or deadlines specified shall only be binding if they have been described in writing as binding by TRENDFILTER.
 

§ 4 Prices, Payment, Invoicing and Right of Retention

(1) All prices / fees shall be understood to be net amounts in euros, plus the statutory VAT.

(2) All services by TRENDFILTER shall be rendered in accordance with the respective current price list by TRENDFILTER at the time of contract conclusion, or on the basis of an individual price agreement.

(3) The Customer shall be in default, also without a reminder, if they have not paid the required amount within 30 days following receipt of an invoice.

(4) In the case of a payment default, TRENDFILTER shall be entitled to demand interest in the amount of 8 percentage points above the base interest rate.

(5) The Customer shall only be entitled to offset against the demand by TRENDFILTER , if their counter claims have been legally established, TRENDFILTER has acknowledged them, or if the counter claims by the Customer are indisputable. This shall also apply if the Customer submits complaints or asserts counter claims. The Customer may only exercise a right of retention, however, if their counter claim is based on the same contract.
 

§ 5 Warranty and Limitations of Liability

(1) TRENDFILTER shall be liable without limitation, insofar as the cause of damage is based on an intentional or grossly negligent breach of obligations by TRENDFILTER, one of their legal representatives or vicarious agents.

(2) TRENDFILTER shall also be held liable for a slightly negligent breach of material contractual obligations. Material contractual obligations shall be those whose fulfilment is necessary for the achievement of the contractual aims. In this case, TRENDFILTER shall be held liable only for foreseeable damages, whose emergence must be typically predictable. TRENDFILTER shall not be held liable for a slightly negligent breach of obligations other than those obligations specified in the aforementioned clauses.

(3) The statute of limitation for warranty claims shall amount to 12 months. The statute of limitations shall begin upon the delivery of the contractual item or the provision of the agreed service.

(4) The aforementioned shortening of the statute of limitations and limitation of liability shall not apply to claims for damages by the customer due to an injury to life, body or health, to a defect after assumption of a warranty for the quality of the product, maliciously concealed defects or to claims for compensation due to a breach of material contractual obligations. Also excluded from the shortening of the statute of limitations shall be the right of recourse in accordance with § 478 BGB (German Civil Code).

(5) The liability in accordance with the German Product Liability Act shall remain unaffected.
 

§ 6 Retention of Title

(1) Until complete payment of the remuneration, the contractual items shall remain the property of TRENDFILTER. The Customer shall be duly committed to insure the items/documents subject to the retention of title and to prove to TRENDFILTER upon request such an insurance.
 

§ 7 Image and Sound Recordings

(1) Image and sound recordings and their transmission to third parties or their publication of any kind (including designs and drafts), in the following referred to as ‘recordings’, at the event location and in the exhibition area shall not be permitted. A prior agreement with TRENDFILTER shall be required. In the event of violations, TRENDFILTER shall be entitled to confiscate and store finished designs, drafts and exposed or recorded image and/or sound carriers at the expense of the exhibitor. Furthermore, without prejudice to other claims, a contractual penalty shall become due whose amount has been fixed at the discretion of TRENDFILTER, however, in individual cases, amounts to a maximum of 5,001. - Euros.

(2) The Customer agrees, for all present and future media, irrevocably and free of charge, to the entitlement of TRENDFILTER or any third persons commissioned by them, in the context of the event, to make recordings of them, of exhibition items and / or individual exhibits, also beyond the reproduction of an event of the day, and in whole or in part to process and also in processed form to reproduce, to send, to exhibit, as well as to use in audio-visual media; in particular, but not exclusively, TRENDFILTER and associated companies, within the meaning of § 15 AktG (German Companies Act), shall also be entitled to the use for advertising purposes. To that end, the Customer shall additionally be notified in the respective offers by TRENDFILTER and gives their consent.
 

§ 8 Copyright, Rights of Use and Rights for Advertising Use

(1) All documents prepared by TRENDFILTER are protected by copyright. The customer shall be granted solely a simple, non transferable right of use for personal use of these documents. Customers and third parties, in particular, shall not be permitted to change the documents, as regards content, or editorially, or to use amended versions, to copy them for third parties, make available to the public or to pass on, to place on the internet or on another network for payment or free of charge, to imitate them, to sell them on or to use for commercial purposes. Any copyright notices, characteristics or brand names may not be removed.

(2) If, for the Customer, TRENDFILTER develops or introduces already existing rights of their own to documents (inc. plans, drafts, sketches, designs, data), patentable copyrights, ancillary copyrights, rights of use or any other intellectual property rights, TRENDFILTER shall  grant the Customer an irrevocable, simple, permanent, under licence, local and as regards content , unrestricted right to use, within the scope of the results produced from the order provision, insofar as this arises from the purpose and use of the order.

(3) The Customer shall grant TRENDFILTER the irrevocable, simple, under licence, for promotional use, right to the rights brought in by the Customer (company logo, company name, hand-out version of lectures by speakers), for the purpose of their agreed service provision. 

(4) TRENDFILTER shall be entitled, also after order completion, to access the exhibition booth/construction in consultation with the Customer, in order to make recordings and to use them for their own advertising purposes. TRENDFILTER shall not be responsible under press law or copyright or competition law for the use of content which the Customer has delivered in relation to the previous clause. Furthermore, the Customer shall ensure having the necessary rights and powers in relation to this content. The Customer shall indemnify TRENDFILTER of all claims by third parties which are asserted from a possible violation of their protective rights or other legally protective rights of these third parties, except for the violation of rights due to content for which TRENDFILTER is held responsible.

(5) TRENDFILTER shall be entitled, e.g. to be named on/at/in design achievements, documents, exhibition stands, product brochures produced by them.
 

§ 9 Indemnification and Hold Harmless

(1) If third parties assert claims against TRENDFILTER due to possible legal violations which are based on unlawful acts or on acts of violation by the Customer, or content errors in information, content, brochures, handouts etc.  made available by them, the Customer shall be obliged to release TRENDFILTER from any liability and to refund TRENDFILTER the costs incurred by them due to the claim.

(2) The indemnity obligation shall also include the obligation, to exempt TRENDFILTER completely from legal defence costs (court and legal costs etc.).  Other claims by TRENDFILTER, in particular to extraordinary notice, shall remain unaffected.
 

§ 10 Data Privacy

(1) When handling personal data, TRENDFILTER observes the legal regulations on data protection. The legal bases for this are the Telecommunications Act (TKG) and the Federal Data Protection Act (BDSG). Inventory data is personal data which is required for the justification, amendment and content design of the contract, such as name, address, date of birth. Traffic data is data which is collected, processed or used for the provision of the contractual item. TRENDFILTER shall be entitled to use the traffic data, also after completion of the contractual item, if this is necessary for the legally intended purpose. 

(2) TRENDFILTER uses personal data solely within the context of the legal provisions. Customer data is only ever used for consultation or advertising if the Customer has consented to this. Beyond that, TRENDFILTER may, within the context of Customer relations, send text or image messages for the aforementioned purposes via the telephone, postal or email address of the Customer. The Customer may object to this use by TRENDFILTER at any time, or revoke their consent.

(3) The Customer consents, for all  present and future media, irrevocably and free of charge, to the entitlement by TRENDFILTER  to using images and / or recordings of their person, which go beyond the reproduction of an event of the day, to create, reproduce, send or to have sent, as well to use in audio-visual media.
 

§ 11 General Provisions

(1) The contract language shall be German.

(2) All legal disputes arising from or in connection with this contract shall be subject exclusively to German law, to the exclusion of any conflict of law which refer to another jurisdiction. The application of the UN Convention on the International Sale of Goods shall be excluded.

(3) Place of performance shall be the domicile of TRENDFILTER, Bad Oeyenhausen.

(4) Place of jurisdiction for all legal disputes arising from or in connection with this contract shall be the domicile of TRENDFILTER, Bad Oeyenhausen.

(5) If individual provisions be or become ineffective, the validity as a whole shall not be affected. The ineffective provision shall be replaced by one that in a legally valid way comes closest to the economic sense and purpose of the ineffective provision. The same shall apply to possible loopholes.
 

Teil 2: Special Conditions


§ 1 Event by TRENDFILTER

(1) CancellationT
The Customer, referred to in the following part 2, § 1 as ‘Visitor of the event,’ may at any time withdraw from the contract. This shall, however, only be possible in writing; text form shall not suffice.  Alternatively, a replacement participant may be designated. In compliance with the deadline, the cancellation declaration must be received by TRENDFILTER in text form. In the case of a cancellation, the following payments are to be made by the Customer:

  • For cancellation 3 weeks or more before the start of the event: 10% of the registration fee as handling fee
  • For cancellation less than 3 weeks before the start of the event: 50% of the registration fee
  • For cancellation less than 1 week before the start of the event or non-attendance: 100% of the registration fee

 

(2) TRENDFILTER shall be entitled to cancel the holding of the event due to force majeure, if a speaker is unable to attend, due to disturbances at the event location or due to low turnout. The participants shall be promptly informed. The registration fee will be refunded in these cases, except for in the case of force majeure. A compensation claim for travel and expenses for overnight accommodation, as well as for work loss shall be excluded. Any other claims may not be asserted.
 

§ 2 TRENDFILTER Recruits Speakers

(1) The speakers (in these T&C also referred to as Customers) shall arrive on time, at least one hour before the lecture, at the premises of TRENDFILTER to carry out a technical rehearsal. 

(2) The Customers shall provide TRENDFILTER with their presentation, no later than one week before the start of the event, in the form of a ppt/pptx or PDF file, and a handout version of their lecture in a PDF file. The handout version of the lecture shall be made available for download to the participants at the end of the event in the password protected members’ domain of the TRENDFILTER website. In this regard, the agreed granting of rights of use in Part 2, § 8 Paragraph (3) of these T&C shall apply.

(3) If the Customer is unable to render their service, in accordance with the contract, in that they are personally prevented, they shall arrange a replacement of a corresponding or higher quality and offer this to TRENDFILTER.  TRENDFILTER shall decide whether the replacement is approved of. If the remuneration of the replacement speaker is above the agreed payment of the no-show speaker, the additional costs are to be borne by the no-show speaker. Excluded from this paragraph shall be no-shows due to force majeure.

(4) The Customers are to hold a lecture in the context of the agreed topic. If the service is not provided within the context of the agreed topic, no rendering of service shall exist.

(5) The Customers shall be responsible for the payment the fees and duties by the event organiser, in accordance with the relevant law (such as the Artists’ Social Security Fund).
 

§ 3 Services by TRENDFILTER outside the premises of TRENDFILTER

(1) The service item shall be presentations, lectures, workshops, the setting up of exhibitions stands, which take place outside of the premises of TRENDFILTER, and are rendered by TRENDFILTER. The specific scope of services shall arise from the corresponding offer which has become a part of the contract.

(2) Cancellation by the Customer
In the event of a cancellation, 25% of the agreed fee shall be payable to TRENDFILTER as cancellation fee. If the cancellation takes place less than 12 weeks before the booked date, the amount shall increase by 50% of the agreed fee; and if the cancellation takes place less than 2 weeks before the booked date, the agreed fee shall be payable to TRENDFILTER in full. The Customer shall be permitted to prove that the damage did not occur at all, or is considerably less that the flat fee.

(3) Customer service obligation
The Customer is to prepare and perform the event technically and organisationally in such a way that a smooth course can be ensured. The details shall be specified in the booking confirmation.

(4) Image material, image and sound recordings
TRENDFILTER shall not transfer any rights to the Customer for their presentation. Sound, image or sound/image recordings shall only be permitted with the prior consent of TRENDFILTER.. Excluded from this, shall be sound, image or sound/image recordings for the purposes of the internal documentation of the event for the Customers. Radio and/or television recordings and their exploitation in the usual, partial use, in the sense of current reporting, shall be permitted in radio, television or the internet (restricted recording permission). For further uses of the recordings, the prior written consent by TRENDFILTER shall be required. In regard to consent, this is usually only granted subject to a separate fee. In each case, the Customer shall be obliged to communicate to TRENDFILTER the recording and the transmission in a timely fashion before the start of the rehearsals and event. In the event of a violation against the consent requirement, the obligation to appear by TRENDFILTER shall no longer apply. The entitlement to remuneration shall remain in force in its entirety. TRENDFILTER shall be entitled upon request - insofar as produced - to a copy of the documentation/ the recording (full resolution, not copy protected), free of charge for unrestricted use. The same shall apply to the image recordings (photos). In particular, TRENDFILTER shall be entitled to use these and recordings created by themselves, for their own advertising and reference purposes, including for presentation on the internet.
 

§ 4 Membership as a Network Partner in the Network Servicepoint A30

(1) The specific scope of services results from the corresponding offer that has become a part of the contract. 

(2) Subleasing of exhibition space
A complete or partial subleasing of the stand, as well as the offer of goods and services to third parties shall require the prior authorisation from the organisers. For this, a separate fee shall be agreed.

(3) Release from liability
The network partner/Customer shall indemnify TRENDFILTER of all claims for damages which third parties may assert in connection with the exhibition space and for which the lessor is not responsible.

(4) Withdrawal from the contract by the Customer 
The Customer may withdraw from the contract at any time in text form. In the case of a withdrawal, the following payments are to be made by the Customer: 

  • For a withdrawal within 12 weeks up to 6 weeks before membership starts, 10% 
  • For a withdrawal within 6 weeks up to 4 weeks before membership starts, 20% 
  • For a withdrawal within 4 weeks up to 2 weeks before membership starts, 30 % 
  • For a withdrawal within 2 weeks up to 3 calendar days before membership starts, 40%
  • For withdrawal within 3 calendar days before membership starts, 80% 

 

of the agreed price shall be payable. Particularly important is the receipt by TRENDFILTER of the withdrawal notice. If the Customer has not made TRENDFILTER aware of the cancellation before the start of the membership, 100% of the agreed price shall be billed. The aforementioned withdrawal deadline shall also apply for partial cancellations. The Customer shall retain the right to demand proof from TRENDFILTER that an injury has taken place at all or is considerably less than the flat fee.

(5) Contract term, termination
The contract term shall amount to 1 year and may be terminated by either side with notice of 3 months to the contract end. If notice is not given (in time), the contract shall automatically be extended by 1 year respectively. Notice of termination is to be given in text form. The right to termination on important grounds shall remain unaffected.

(6) Transfer and return of the leased objects
The exhibition space shall be provided and transferred solely on the basis of the agreement reached and these T&C. The exhibition space shall be taken on in the condition in which it is found to be in at the time of occupancy. The Customer shall be obliged to report to TRENDFILTER immediately on transfer any obvious and noticeable defects. If the Customer has not raised any objections, the exhibition space and its equipment shall be deemed to have been assumed in proper condition. Upon expiry of the contract term, the exhibition space is to be returned in the same condition as on the transfer. Inventory brought in, as well as items brought along, are to be removed completely by the Customer within the contract term. Temporary storage, for which any liability for resulting damages or losses is excluded, must be agreed upon with TRENDFILTER.

(7) Damage
The Customer shall be held liable for all personal, property or financial losses culpably caused by them resulting from their exhibition assembly and dismantling, equipment, exhibition items and their operation, or by their employees as well as agents.

(8) Technical facilities and connections 
Insofar as TRENDFILTER obtains technical or other facilities from third parties for the Customer, at their request, they shall be acting on behalf, on the authority and on the account of the Customer. The Customer shall be liable for the careful handling and proper return. They shall release TRENDFILTER from all claims by third parties arising from the transfer of these facilities. 
The utilisation of their own electrical equipment by the Customer for connection to the power supply of TRENDFILTER shall require its consent. Any arising faults or damages to technical equipment belonging to TRENDFILTER  from the use of these devices, shall be borne by the Customer, insofar as TRENDFILTER  is not responsible for them. The electricity costs arising from use, may be calculated and charged by TRENDFILTER. Faults in the technical or other equipment supplied by TRENDFILTER  shall be promptly rectified whenever possible. Payments cannot be retained or reduced insofar as TRENDFILTER is not responsible for these faults.
 

(9) Loss, damage and quality of property brought in
Exhibition or any other items, including personal items brought along by the Customer, shall be at the risk of the Customer at the exhibition premises. TRENDFILTER shall accept no liability for loss, destruction or damage, also not for financial losses, except for in the event of gross negligence or intent by TRENDFILTER . Excluded from this shall be injuries to life, body or health. Furthermore, all cases in which safe keeping due to circumstances of the individual case which constitutes a contractually typical obligation, shall be excluded from the exemption from liability. 
Decorative material brought along must comply with the fire protection technical requirements. TRENDFILTER shall be entitled to request official proof. If no such documentation is provided, TRENDFILTER shall be entitled to remove material already brought in at the expense of the Customer. Due to possible damage, the setting up and fixture of items must be agreed upon with TRENDFILTER in advance. 


§ 5 Users of the Online Platform ‘COLORNETWORK’

(1) ‘User’ of the online platform ‘COLORNETWORK’ shall refer to, for example, architects, who use the online platform ‘COLORNETWORK’ for the purpose of finding products and then purchasing via the manufacturer.

(2) TRENDFILTER shall accept no liability against the user nor guarantee for the colours and products approved for the internet portal www.colornetwork.org not deviating from one another in colour. In the judgement, individual colour perception plays as much of a role as do variations due to differences in lighting conditions, surfaces or materials. Within the framework of the application and approval phase, COLORNETWORK shall bring together the products and judge under daylight conditions, whether these can be located harmoniously in a space. In doing so, variations in colour are common. These colour variations shall be accepted by the ‘User’. TRENDFILTER shall not be held liable for this.

Status 13/09/2019.