General Terms and Conditions (GTC)

General Terms and Conditions (GTC)

This General Terms and Conditions has been translated into English with the help of DeepL and Chat GPT.

In case of translation differences or doubts, the German version of the GTC is binding.

for the Purchase or Sale of Goods on the Website www.afroikan.com

CONTENTS:
A. PURCHASE OF GOODS ON THE Afroikan PLATFORM
B. SALE OF GOODS ON THE Afroikan PLATFORM

A. PURCHASE OF GOODS ON THE Afroikan PLATFORM

1. Operator and Scope

1.1. The website www.afroikan.com (hereinafter referred to as the "Platform") is operated by Festus Mundere, Rolandstraße 69, 13156 Berlin (hereinafter referred to as "we" or "us"). This Section A of the General Terms and Conditions (hereinafter "AGB") applies to the use of the platform for the purchase, i.e., online ordering, of goods on the platform.

1.2. Deviating and/or beyond these General Terms and Conditions of the customer will not become part of the contract.

2. Mediation Service

2.1. On the platform, users can order goods from third-party providers advertised by these providers (hereinafter "providers") on the platform. The user may not conclude the contract for a respective product with us, but with the respective provider. For this contract, the general terms and conditions (AGB) of the respective provider may apply, if they are effectively incorporated into the contract. The providers can provide their terms and conditions on the platform.

3. Conclusion of the Contract for the Use of the Platform

3.1. The provision of the website does not yet constitute a binding offer to conclude a corresponding usage agreement between the user and us. Rather, a binding offer is made only by the user submitting his registration request via the website to us. We may accept this offer by confirming the user's registration by email.

3.2. We store the contract terms, i.e., the registration data and the present AGB. You can print or save the contract terms yourself by using the usual functionality of your browser (usually "Print" or "File" > "Save As"). The registration data is included in the overview displayed in the last step of the registration.

3.3. The contract language is German.

4. Conclusion of the Contract between User and Provider

4.1. The presentation of the products on the platform does not yet constitute an offer by the respective provider to conclude a corresponding contract. The user only makes an offer to conclude a corresponding contract by submitting an order for a respective product. The contract is concluded when and as soon as the provider accepts the offer within a reasonable period via the platform's messaging system or otherwise by email, fax, or by sending the goods.

4.2. The contract data, including the general terms and conditions of the provider integrated on the platform, will be stored on the platform. You can print or save the contract data, including the designated general terms and conditions of the provider, by using the usual functionality of your browser (usually "Print" or "File" > "Save As").

4.3. The contract language is German.

5. User Account

5.1. When registering the user account, correct and complete information must be provided. Data of third parties may not be used without their consent.

5.2. You are obliged to treat your access data, such as your password, confidentially, not to make it accessible to third parties, and to inform us immediately in case of loss or unauthorized use of your access data.

6. Payment and Invoicing

6.1. The user makes the payment for the purchase of goods from providers on the platform directly to the provider.

6.2. The user will also receive the respective invoice directly from the provider.

7. Termination

7.1. Each party is entitled to terminate the contract for the use of the platform at any time with a notice period of 14 days.

8. Information on the Provider's Warranty

8.1. We inform that the warranty obligations of the providers are governed by the respective legal provisions, unless something different is regulated in the validly incorporated AGB of the respective provider.

9. Exclusions and Limitations of Liability

For liability on our part for damages:

9.1. In the event of intent and gross negligence, including our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to negligently caused damages resulting from injury to life, body, or health.

9.2. In the case of negligently caused material and financial damages, we shall only be liable for the violation of a material contractual obligation, but limited to the foreseeable and contract-typical damages at the time of conclusion of the contract; material contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely.

9.3. Otherwise, any liability on our part, regardless of the legal basis, is excluded.

9.4. The exclusions and limitations of liability of the preceding paragraphs (1) to (3) shall also apply mutatis mutandis in favor of our vicarious agents.

9.5. Liability due to assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability of the preceding paragraphs (1) to (4).

10. Applicable Law, Jurisdiction

10.1. German law applies. With regard to a consumer, this choice of law applies only insofar as no mandatory legal provisions of the state in which he has his domicile or habitual residence are restricted.

10.2. The place of jurisdiction in transactions with merchants, legal entities under public law, or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to sue at the customer's place of business.

B. SALE OF GOODS ON THE www.afroikan.com PLATFORM

1. Operator and Scope

1.1. The website www.afroikan.com (hereinafter referred to as the "Platform") is operated by Festus Mundere, Rolandstraße 69, 13156 Berlin (hereinafter referred to as "we" or "us"). This section B. of the General Terms and Conditions (hereinafter referred to as "GTC") applies to the use of the platform for the (online) sale of goods.

1.2. Deviating and/or additional terms and conditions of the customer beyond these General Terms and Conditions shall not become part of the contract.

2. Mediation Service

2.1. Users can order goods advertised by you (hereinafter "Provider" or "You") on the platform. The user may not conclude the contract for a respective product with us, but with the provider. The provider's terms and conditions may apply to this contract if effectively incorporated into the contract. Providers can make their terms and conditions available on the platform.

3. User Account

3.1. When registering the user account, correct and complete information must be provided. Third-party data may not be used without their consent.

3.2. You are obligated to treat your access data, such as your password, confidentially, not to make it accessible to third parties, and to inform us immediately in case of loss or unauthorized use of your access data.

4. Conclusion of the Contract for the Use of the Platform**

4.1. The provision of the website does not yet constitute a binding offer to conclude a corresponding user agreement between the provider and us. A binding offer is made only when the provider submits his registration/order via the website to us. We accept this offer by confirming the provider's registration/order by a registration/order confirmation by e-mail.

4.2. We store the contractual terms, i.e., the registration/order data and the existing GTC. You can print out or save the contractual terms yourself by using the usual functionality of your browser (usually "Print" or "File" > "Save as"). The registration/order data is included in the overview displayed in the last step of the registration.

5. Use of the Platform as a Provider**

5.1. Providers can design the presentation of their goods in a self-administered area.

5.2. We charge the provider a commission for their sales on the platform. The amount of the commission, the due date, and the payment method are specified on the website.

6. Presentation of Goods on the Platform

6.1. Duty to provide an imprint: You are responsible for ensuring that the product offers (hereinafter "product presentations") you enter on the platform contain an imprint within the meaning of § 5 Telemedia Act, unless the product presentation serves exclusively private or family purposes and has no impact on the market. It is also sufficient to provide a clearly visible, recognizable, and meaningful link (e.g., "Imprint") to an imprint of the provider available elsewhere on the Internet.

6.2. Compliance with applicable laws: You are responsible for ensuring that your product presentations comply with relevant legal provisions. This includes, for entrepreneurs, the information obligations for electronic business transactions (conclusion of the contract, storage of the contract text, etc.), the information obligations for distance selling to consumers (revocation instructions or, if applicable, information about the exclusion of the right of withdrawal, indication of shipping costs, indication of delivery time, etc.), the reference to the EU Commission's platform for online dispute resolution, the requirements of the Price Indication Ordinance, the prohibition of unfair, misleading, or otherwise unfair advertising according to the German Act Against Unfair Competition (UWG), or product-specific labeling obligations (insofar as they also apply to advertising/sales offers on the Internet).

6.3. No violation of third-party rights by product presentations: You are responsible for ensuring that your product presentations do not infringe third-party industrial property rights or intellectual property rights, such as patent rights, copyright, name rights, or trademark rights (brands, designs), and that they do not violate data protection law or third-party personal rights or other third-party rights.

7. Blocking of Product Presentations

7.1. We are permitted to immediately block product presentations if there are indications that they are unlawful or violate third-party rights. Indications of unlawfulness or infringement of rights are, among other things, considered for these purposes if third parties take measures of any kind against us or against you and base these measures on the accusation of unlawfulness and/or infringement of rights. The interruption of the product presentation is to be lifted as soon as the suspicion of unlawfulness or infringement of rights has been dispelled.

7.2. We will inform you immediately about a blockage of product presentations and request you, within a reasonable period, to eliminate the accusation. After fruitless expiry of the deadline, we have an immediate right of termination.

8. Termination

8.1. Each party is entitled to terminate the contract for the use of the platform at any time. In the event of termination by us, we must observe a notice period of 14 days.

9. Ranking of Product Presentations

9.1. ............

9.2. ............

9.3. ............

10. Exclusion of Liability and Limitation of Liability

For our liability for damages:

10.1. In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with statutory provisions. The same applies to damages caused by negligent breach of life, body, or health.

10.2. In the event of negligent breach of material and financial obligations, we shall only be liable if a fundamental contractual obligation is violated, but limited to the foreseeable and typical damage at the time of conclusion of the contract; fundamental contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely.

10.3. Otherwise, any liability on our part, regardless of its legal basis, is excluded.

10.4. The exclusions and limitations of liability set out in the preceding paragraphs (1) to (3) shall apply mutatis mutandis in favor of our vicarious agents.

10.5. Liability for assuming a guarantee or under the Product Liability Act shall remain unaffected by the exclusions and limitations of liability set out in the preceding paragraphs (1) to (4).

11. Applicable Law, Place of Jurisdiction

11.1. German law shall apply. With regard to a consumer, this choice of law shall only apply insofar as it does not restrict any mandatory applicable legal provisions of the state in which he has his habitual residence or ordinary domicile.

11.2. In business dealings with merchants, legal entities under public law, or special funds under public law, the place of jurisdiction shall be the registered office of our company. However, we are also entitled to take legal action at the customer's place of business at our discretion.