There are laws (a) with which all members must comply,
and rules (b) which Edition itself sets out in order to ensure the
smooth operation of the marketplace. Further obligations for members,
in addition to those laid out here, can be found in the Editon Guide.
Every member is obligated to use the marketplace for lawful purposes
only and according to these Terms and Conditions as well as the Edition
Guide. Members are themselves responsible without limitation for their
offers and content.
Members must comply with applicable statutory requirements at all times when using our services; in particular, but not limited to content from members may not violate:
This means, for example, goods or services which may not be offered and content which may not be published include but are not limited to:
Furthermore, one should note that there are many items whose trade is subject
to special – sometimes very strict – statutory regulations or restrictions.
This includes, but is not limited to products from protected plant and animal species.
Please note that content on the Edition marketplace is fundamentally accessible worldwide. Therefore, depending on the case it is possible that laws of other countries must be observed. This applies in particular to offers of goods and services aimed at customers in other countries; in particular, members who offer a good or service from nonGerman countries must usually also observe the regulations applicable in the country where they are offering said good or service.
A member who acts in a commercial capacity is obligated to announce this clearly and to observe all applicable legal information requirements including the obligation to provide the relevant names and addresses (in Germany: “Impressum” [imprint], regulated in: Sec. 5 German Telemedia Act, TMG), to provide information on how data is handled (in Germany: Sec. 13 TMG), on distance selling of goods and on eCommerce (in particular on the “right of revocation” in Germany, regulated in: Sec. 312d to 312e, Sec. 355 et seq. German Civil Code, BGB, Art. 246, Sec. 1, 3 German Introductory Law to the Civil Code, EGBGB) for their offers and content. If a member who offers goods or services uses their own terms and conditions, these may not contradict the Edition Terms and Conditions. Commercial sellers must additionally ensure they are aware of all regulations applicable to them, such as the provisions of the packaging ordinance.
The Edition marketplace can only work smoothly if all members adhere to the rules. Therefore, Edition reserves the right to take measures against members where specific evidence suggests that the member, through his or her use of the platform, violates or has violated applicable law and/or these Terms and Conditions. When deciding upon these measures, Edition shall take into consideration the operational requirements of the Edition platform, own liability risks as well as the legitimate interests of any party asserting a claim and those of the member (e.g. debts, seriousness of the breach of duty, risks, statement of the user). If Edition should learn of evidence for breaches of duty on the part of the member, e.g. through complaints from third parties, Edition will inform the member thereof. When doing so, Edition is entitled to set a time limit for the member to submit a statement on a case by case basis; in the case of extreme urgency, this time limit can be just a few hours. The sanctions which Edition can place on a member are:
In the case of the termination of offers or the blocking of a member account (preliminary blocking or exclusion) due to the existence of a violation of the law or a violation of these Terms and Conditions, the member shall owe all fees due in relation to the respective offer up to the point of termination by way of compensation. The fixing of the compensation does not affect the right to provide evidence that no loss, considerably lower losses or considerably higher losses have been incurred. A member whose membership has been terminated is not allowed to reregister at Edition or to use other member accounts. Edition is entitled to remove offers of members at its own discretion if these offers are not in line with the overall image of the platform. Provided the member is not responsible for any breach of duty, Edition will, on request, cancel or reimburse any fees due on the removed offer.
Violations of these Terms and Conditions as well as of the Edition Guide may be reported by members writing an email to email@example.com. If a report is submitted by the legal representative of an authorised person (e.g. in the case of copyright infringements), we request that the legal representative sends us the notification of the rights infringement together with proof of his or her authorisation to represent the respective person (power of attorney) by email with a scan. Edition reserves the right to demand to see the original of the power of attorney document.
The member releases Edition from any claims which third parties might assert against Edition due to a rights infringement or breach of duty of the member, unless the member is not responsible for the breach of duty. This covers, in particular, the listing of items, ratings or forum contributions which is unlawful or contrary to contract. Reasonable costs of a legal defence (in particular, attorney fees) which Edition has demonstrably incurred through the misconduct of the member, must also be reimbursed.
The user agreement shall run for an indefinite period of time and may be duly terminated by the member or Edition at any time providing a notice period of seven days. Notification of termination by the member may be in the form of a written communication to Edition or an email to firstname.lastname@example.org. The right to termination for good cause remains unaffected. In addition to legal grounds for termination for good cause, it shall also constitute cause for immediate termination for Edition if a member, upon receiving a reminder from Edition (which can be grounds for default), does not pay the remuneration due within a reasonable period of time and is in default of payment at the time of the termination. Edition is entitled to institute preliminary measures as per clause VII during the time period set by law.
The following provisions on the limitation of liability of Edition apply to all claims for damages and liability cases, irrespective of the legal grounds such claims are based on e.g. guarantee, default, impossibility, breach of duty, impediment to performance, except for:<
Edition is not obligated to monitor the information transmitted or stored or to search for possibly illegal content.
Edition is entitled, upon provision of four weeks’ notice, to assign its rights and obligations under this user agreement in whole or in part to a third party. In such a case the member is entitled to terminate the user agreement within three weeks of receiving the notification giving four working days’ notice.
Edition reserves the right to alter these Terms and Conditions at any time and to make the use of the platform subject to new or additional contractual terms. You will be notified of any alterations or additional terms and these will come into effect as soon as they are accepted. Should you not accept the alterations, Edition is entitled to terminate the user relationship.
recent version of the Terms and Conditions is stored on the Edition
platform and is available to be viewed by anyone. The same applies to
earlier versions of the Terms and Conditions which are not more than
two years old. Edition is entitled, for the purpose of performing its
obligations under this agreement, to also avail itself of third parties
as socalled vicarious agents. Claims against Edition may not be assigned
to third parties either in part or in full. The legal relationship between
the parties to this agreement is subject to German law. The provisions of
the Vienna UN Convention on Contracts for the International Sale of Goods
of 11 April 1980 do not apply. Hamburg shall be the sole place of
jurisdiction in respect of business persons, legal persons incorporated
under public law or special funds under public law. In addition, Hamburg
shall be the sole place of jurisdiction in respect of entrepreneurs if the
member has no general place of jurisdiction in Germany or the member moves
his domicile or main residence out of Germany after the conclusion of the
agreement or if the domicile or main residence of the member is unknown.
End of Terms and Conditions
Status: May, 2018