General terms and conditions of YoungSlips.de (com) (com)

§1 Contents of Partnership

(1) The partner (vendor) of the YoungSlips.de (com) (com) portal offers one or more goods of her property. In case of sale the partner obtains the sum of amount i.e. after deducted commission of YoungSlips.de (com) (see §3).

(2) Goods in term of this agreement are items offered on the YoungSlips.de (com) portal.

§2 Text and Pictures Copyright / Indemnification clause

(1) For all provided media all possible copyrights or any other rights remain with the partner. The partner gives right of use to YoungSlips.de (com) for transmitted media.

(2) The partner permits YoungSlips.de (com) to use all media for advertising purpose on the homepage or for YoungSlip.de advertisement in every possible form.

(3) The partner assures YoungSlips.de (com) by transmitting media that these are free of rights of any third party. Any infringement of copyright are at the expense of the partner in full extend.
The partner also ensures that the media do not violate other rights of third parties nor law for protection of minor.

(4) Partner has full responsibility for all posted content (especially photos, backgrounds, slogans etc.) on YoungSlips.de (com). The partner avouches that all posted content in her shop is free of rights of any third party and usage does not violate patent law, licences, intellectual property rights, or is otherwise injurious to third parties. The partner affirms that posted content, and its       usage does not violate the law for protection of minor.

(5) The partner exempt YoungSlips.de (com) upon the first request from any claims and demands asserted by third parties in respect to infringement of protective or other rights or violation of law for protection of minor. The partner recompenses YoungSlips.de (com) for all possible court and lawyer fees and any other loss or damage. In this case YoungSlips.de (com) is justified to draw on an             advance payment amounting to the expected costs of law suit.

(6) The partner is bound by this agreement to contact YoungSlip.de immediately to inform (in written form) of any claims asserted by third parties in respect of an infringement of protective or other rights associated with contents posted in the shop.

(8) Should third parties assert a claim against YoungSlips.de (com) with respect to any infringing protective or other right, YoungSlips.de (com) reserves the right, in own discretion, to remove all rejected contents (partially or completely) from the             partner’s shop.

§3 Prices – Payment – Commission

(1) The partner is free in choice of price. The partner can fix and change prices for every offered product within her own administration domain as she like.

(2) YoungSlips.de (com) will pay the partner for every sold item on YoungSlips.de (com) the price of the item less commission of 35 %. The commission is for the rendered services of YoungSlips.de (com) (technical administration, handling of payment, appointment of           authorized agent, advertising efforts etc.).

(3) The statement and payment of assets will be fulfilled monthly for the prior month (example: in the end of August will be drawn up for July). Payment is carried out within 10 days after statement. Minimum amount of payment is 10, - € for partner within germany and 50, - € for partner in foreign countries. YoungSlips.de (com) can not be hold responsible for delay due to banking system. Payment will be solely performed by transfer.

(4) The partner is responsible to depose her actual banking account on YoungSlips.de (com). The partner is liable for incorrect data.

(5) Whether and/or in which way the turnover/income is to be paid duty out on the portal generated sales, lies in the responsibility of the partner. To clarify it recommended this with the responsible tax office and/or tax counsel.

§5 Contract with End Customer/ Payments

(1) User that purchase products on YoungSlips.de (com) are customer of the partner. Between both of them arises a privity of contract independent of that between partner and YoungSlips.de (com).

(2) Every payment between partner and user (customer) has to be carried out solely using the given banking account of YoungSlips.de (com). YoungSlips.de (com) reserves the right to cancel the partnership without notice, retain sales volume and initiate further legal measures if not using the given banking account.

(3) Guidelines and operative as well as technical processes concerning orders may be changed by YoungSlips.de (com) at any time. Offers and  availability can change in course of time.

§7 Requests/ Order Processing

(1) YoungSlips.de (com) reserves the right to reject requests and orders that exceed the YoungSips.de or partner position.

(2) YoungSlips.de (com) reserves the right to reject or delete orders of users (customers) which are found to be untrustworthy or have not paid for 14 days or longer after invoice date.

(3) The partner is responsible for processing and executions of orders including dispatch.

§8 Sale Report

(1) Every sale that has been done in the shop of the partner will be compiled and evaluated by YoungSlips.de (com). However, form and content of these statistics can be changed by YoungSlips.de (com) every time.

§9 Limitation of Liability and Disclaimer

(1) Relying on this agreement and if not indicated otherwise later on, YoungSlips.de (com) will not be liable e.g. for loss of profit and data or interruptions or errors concerning operation of this website. This applies to any legal ground. Forasmuch as liability of YoungSlips.de (com) is excluded or limited this applies also for personal liability of employee, factors and servants. 

(2) YoungSlips.de (com) gives no guarantee and no assurances for any product of the portal. This includes inter alia implied warrantee of fitness for conventionary or normal purpose of the product, protection of rights of third party or other           warrantees, which are related to the fulfilment of contract or cThere is no guarantee that operation of the portal will be without interruptions or errors. If such things happen, YoungSlips.de (com) will not be liable for eventually consequences.

§10 Contract Duration/ Cancellation

(1) This agreement applies for an indefinite time period and can be cancelled by both parties without notice period.

§11 Possible Changes of Terms and Conditions

(1)  If YoungSlips.de (com) changes conditions a notification of change will be send to the partner including the new version of the agreement.

However, none of the changes will affect rights and responsibilities, stipulated in this agreement, nor rate of commission to disadvantage of the partner.

For the reason that the partner does not agree with a particular change the partner may cancel the agreement at any time.

§12 Jurisdiction

(1) The place of jurisdiction for any and all disputes which arise either directly or indirectly out of this contractual relationship shall, for both parties, exclusively Bremen (germany).

(2) The contractual relationship between the contract parties shall be governed by German law. The provisions of the United Nations Convention on the International Sale of Goods shall not apply.

§13 Void in Part, Salvatory Clause

(1) In the event that this agreement is void in part or contains a gap, the validity of the remaining provisions shall not thereby be affected.
In case of void or gap both parties will arrange a provision that is economic as similar as possible.

Version 8/2006