Terms & Conditions

Preamble
Last updated: April 30, 2020
Thank you for using Trilinda our marketplace service! These Terms of Use (“Terms”) include the rules and limitations to which the use of our websites, products, services and applications (the “Services”) is subject. Read the Conditions carefully and, in case of questions, comments or doubts about the latter or about the Services, contact us at support@trilinda.com or write to Trilinda Weddingstr. 26, 18546 Sassnitz, Germany.
If the user resides within the European Economic Area, these Terms of Use (“Conditions”) constitute a binding contract between the user and Trilinda (“Trilinda”).

1) Leave
1.1
Trilinda operates on online marketplace (“marketplace app”), and may be available as a native app for operating systems such as Android or iOS or on the standard or mobile web and develops and provides other products and services. In these Conditions we refer to Trilinda as “Trlinda” or “we” or “us”. We refer to end users as “the user” and to entities that display and sell items as Merchants.
1.2 Marketplace apps allow sellers (“Merchants”) to open stores that display and sell items to end users. When the user purchases an item, the sales contract is entered into only between the user and the Merchant. This means that when an item is purchased on a marketplace app, the user is buying it from a Merchant who put it up for sale and it is the latter who is responsible for fulfilling the order.

2) Conclusion of the contract; registration
2.1
The user can access these Terms, save and print them both during the registration process and at any other time through our website. At the conclusion of the contract, the related text will not be archived.
2.2 Trilinda is our contractual partner in the use of the Services. In order to fully use the Services, including viewing and purchasing items on marketplace apps, the user must create an account (“Registration”). If the user purchases an item, the Merchant will be his contractual partner for that specific purchase.
2.3 By registering, the user makes a binding offer to use the services. Registration occurs when the user provides an e-mail address and password or registers via Facebook or Google, including permission to access certain data associated with the social account.
2.4 The contract for the use of our Services is entered into when we send the user a welcome message to the e-mail address he provided us during the registration process (“Contract conclusion”) after receiving the his offer. The confirmation email constitutes acceptance of the offer by the user.

3) Services
3.1
Trilinda manages markets that allow Merchants and users to share information and make purchases. Merchants are responsible for their stores, items, item announcements (including original and discounted prices), as well as for processing and shipping orders. Merchants may or may not be in the same country or region as the user. If they are elsewhere, this could have tax, customs or enforcement consequences for data or consumer protection.
3.2 The final price is determined by or based on the price provided by the Merchant offering the item for sale. Merchants also provide other information in the item lists, including any discounted prices. Merchants are obliged to provide accurate information, but Trilinda is unable to guarantee the truthfulness or accuracy of what is contained in the item lists.
3.3 Even if we are not part of the contract between a Merchant and the user when the latter makes a purchase, we may offer assistance in processing payments, returns, refunds and customer support. Trilinda does not guarantee (i) the existence, quality, safety, suitability or legality of the Merchant’s items or lists of items; (ii) the truth or accuracy of the descriptions of articles or other content provided by the Merchants; (iii) the truth or accuracy of ratings, reviews or other user contributions; (iv) the performance or conduct of any Merchant or third party. Except where otherwise noted, ContextLogic does not endorse Merchants, articles or lists of articles. The user must make any investigation deemed necessary or appropriate before purchasing from a Merchant. Please read the labels, warnings and indications provided with the purchased item before using it.

4) User requirements and obligations
4.1
Use of the Services is not permitted if: (a) you are in a U.S. embargoed country or U.S. Treasury Department list of Special Services; an updated list of these countries and / or nationalities can be found here; (b) he was previously prohibited from using any of the Services, unless Trilinda has lifted this ban, in his sole discretion.
4.2 You may need to create an account and select a password and username. The user undertakes to provide accurate, complete and updated information. Where Trilinda requests to provide an email address, the user is responsible for providing Trilinda with his most recent email address. You are required to keep your registration information up-to-date, including your e-mail address, and to inform us of changes without undue delay by updating this information in your user account. It is not possible to select as username a name that you do not have the right to use or the name of another person with the intention of impersonating them. It is not allowed to transfer your account to others without prior written authorization from us.

5) Rules and restrictions
5.1
The user will use the Services exclusively for private and personal use, not on behalf of or for the benefit of third parties, and only in a manner consistent with applicable Trilinda policies and applicable laws. If your use of the Services (including the purchase of any item through the Services) is prohibited by applicable laws, you are not authorized to use the Services.
5.2 The user will not share his account or password with anyone and will have to protect the security of his account and password. You must immediately notify Trilinda of any unauthorized use of your password or any other breach of the security of your account. The user is responsible for any activity associated with his account.
5.3 The user cannot create more than one account and cannot let others use his account.
5.4 Any sweepstakes, competition, lottery, survey, game or similar promotion (collectively, “Promotions”) made available through the Sites may be subject to separate rules from these Terms of Use. In case of conflict between the rules of a Promotion and these Terms of Use, the rules of the Promotion prevail.
5.5 When accessing or using the Services, the user agrees to:
a) Comply with Trilinda’s laws, rules, regulations, these Terms and all policies;
b) Purchase only legally purchasable items in your jurisdiction;
c) Use (or attempt to use) the Services only through the interfaces provided by Trilinda; is
d) Follow the instructions in any robots.txt file present in the Services.
5.6 When accessing or using the Services, the user agrees not to:
a) Violating or violating intellectual property rights or other rights of third parties (including those of Trilinda);
b) Violate these Terms, Trilinda’s policies, any laws or regulations, including any applicable export control laws;
c) Undertake deceptive, threatening, defamatory or obscene activities;
d) Evade the terms, policies or rules established regarding the Services, including those relating to any promotion, competition or related program;
e) Collect the personal data of users of the Services or use information of this kind found on the Services;
f) Undertake activities that can compromise the security of your account or that of anyone else (for example by allowing someone else to access the Services in your place);
g) Attempt in any way to obtain another user’s password, account or other security information;
h) Use third party credentials, hide your real IP address or otherwise impersonate others or conceal your identity or affiliation with any person or entity;
i) Violate the security of any computer network or decrypt any password or cryptographic security code;
j) Execute Maillist, Listserv, any form of auto-responder or “spam” on the Services or any process that is performed or activated while not connected to the Services or which otherwise interferes with the proper functioning of the Services (including placing an unreasonable load on the infrastructure of the Services);
k) Perform the analysis of any page, data or part of the Services or Content or related to them through “crawling”, “scraping” or “spidering” (through the use of manual or automated processes);
l) Decompile, reverse engineer or otherwise attempt to obtain the source code or ideas or information underlying or relating to the Services; or
m) Attempting to do anything, or allowing, encouraging, facilitating or allowing third parties to do anything prohibited in this list, or attempting, permitting, encouraging, facilitating or allowing any other violation of these Terms.

6. Privacy
6.1
Our Privacy Policy provides information on how we collect, use and disclose personal data, including with Merchants. Please read the Privacy Policy for more details.

7. User contributions
7.1
Everything that the user publishes, uploads, shares, stores or otherwise provides through the Services constitutes the “User Contribution”. User Submissions include suggestions, comments, ideas, improvements or feedback or other materials and may be viewed by other users. To view the user’s Contributions on the Services and allow other users to use them (where applicable), the user grants us certain rights with respect to said User Contributions.
7.2 For all User Submissions, the user grants Trilinda a royalty-free, perpetual, non-exclusive, transferable, sub-licenseable and valid worldwide license, free of charge, to use, store, show, reproduce, save, modify (for example for technical purposes, such as making sure that your presentation is viewable on iPhone and computer), creating derivative works, performing, distributing, translating or otherwise acting on User Contributions as deemed necessary to manage, market and advertise the Services , including presenting, showing or executing such User Submissions based on your preferences.
7.3 Trilinda will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute and exploit User Submissions in any way.

8. Ratings, reviews and other user feedback
8.1
Trilinda allows the user to generate reviews and ratings and to publish photos, videos or other content on articles and stores of the marketplace apps (“Feedback”). Feedback should allow other users to form an opinion about the items or a store.
8.2 A Feedback can only contain truthful information. The Feedback must comply with the law and cannot violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection rules. You agree: (i) to base any published assessment or review only on your first-hand experience with the applicable business, product or service; (ii) not to provide an evaluation or review for commercial activities, products or services in which it has an interest, an employment relationship or a competitive, proprietary or other affiliation; (iii) to clearly indicate whether the review was sponsored or paid for in any way; and (iv) that the review complies with these Terms.
8.3 The use of the feedback system is allowed only in compliance with the provisions of the previous paragraphs. In particular, it is forbidden to include in your Feedback information unrelated to the performance of the article, store or contract in question, as well as to use the Feedback for purposes other than evaluating the article or store.
8.4 If the feedback system is abused, Trilinda has the right to remove the Feedback taking into account the legitimate interests of the user, in particular the right to freedom of expression. This provision is applicable in particular if:
Trilinda is legally required to remove the Feedback, for example following a court judgment
the Feedback contains vulgar, obscene, racist statements, not suitable for minors or otherwise offensive in a criminal sense
the Feedback contains personal data, such as name, address, telephone number and / or e-mail address
Feedback contains inappropriate links or scripts, for example with malicious content
the Feedback contains inappropriate third party advertising
Item Feedback contains irrelevant information unrelated to the item, such as store service, product shipping, or website usability issues.
8.5 Ratings, reviews, photos, videos or other content relating to articles and shops (“Feedback”) published by users on our Services are intended as User Contributions not supported by Trilinda and do not represent their opinion. Trilinda declines any responsibility for evaluations and reviews or for any claim related to an economic loss deriving from the same. We reserve the right not to publish this type of Feedback, with or without reason, without notice to the user. For example, we may not post a Feedback if we determine, in our sole discretion, that a given rating or review may affect the integrity of all ratings and reviews.

9. Contents
9.1
The materials displayed or executed or available in or through the Services, including, without limitation, texts, graphics, data, articles, photos, images, illustrations, User contributions and so on (all of the above defined as “Content”) are protected by copyright and / or other intellectual property laws. The user undertakes to respect all the signs advertising the copyrights, the trademark rules, the information and the restrictions contained in any Content accessed through the Services and not to use, copy, reproduce, modify, translate, publish , disseminate, transmit, distribute, perform, upload, display, license, sell or otherwise exploit, for any purpose, any Content not owned by the user, (i) without the prior consent of the owner of such Content or (ii) in a way that violates someone else’s rights (including Trilinda).
9.2 Trilinda and the T logo are trademarks of Trilinda, registered in the Patent and Trademark Office of Germany and other countries. All rights reserved.
9.3 You understand that Trilinda has the ownership or ability to license the Services. You may not modify, publish, transmit, participate in the transfer or sale, reproduce (except as expressly provided in this Clause) or create derivative works based on the Services, or otherwise exploit any of the Services.
9.4 As provided by these Terms, including the payment of any applicable tariffs, Trilinda or its content providers grant the user a limited, non-exclusive, non-transferable and non-sublicensable license to access and make personal and non-commercial use of the Services.

10. Copyright
10.1
We respect the intellectual property rights of others and reserve the right to eliminate or deactivate the alleged infringing Content and to close the accounts of the alleged repeat infringers. To review our Comprehensive Copyright Dispute Policy and learn how to report potentially illegal content, click here.

11. Responsibility
11.1
Any information or content publicly disclosed or transmitted privately through the Services is the sole responsibility of the person from whom it originates. The user accesses such information and content at his own risk.
11.2 The user assumes responsibility for all Content sent, in any way, to the Services, and declares and guarantees that he has all the rights necessary to do so, in the manner in which he transmits them.
11.3 The Services may contain links to third party websites or services that are not owned or controlled by Trilinda. When accessing third-party websites or using third-party services, the intrinsic risks are accepted. We invite the user to pay attention when leaving the Services and to read the terms, conditions and privacy policy of each third party website or service visited or used.
11.4 Trilinda has no control over the content, accuracy, privacy policies or practices or opinions expressed on third party websites or by third parties with which the user interacts through the Services. Furthermore, Trilinda does not monitor and cannot monitor, verify, censor or modify the content of any third party site or service.
11.5 Your interactions with organizations and / or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or declarations related to such relationships, take place exclusively between the user and such organizations and / or individuals. Any investigation deemed necessary or appropriate must be made before proceeding with any transaction with any of these third parties.
11.6 In the event of an exclusive dispute between the participants of this site, or between users and third parties, the user accepts that Trilinda is not required in any way to intervene.

12. Costs and commissions
12.1
Navigation on Marketplace sites and apps and other aspects of the Services is currently free. However, you can choose to purchase products through the Services from Merchants, and you will be solely responsible for paying the purchase price of all the products you purchase, in addition to the applicable taxes and shipping costs, if any. When purchasing items from Merchants, Trilinda is not to be considered a contractual party. As tax regulations evolve, Trilinda can calculate and collect taxes applicable to some purchases. For more information, see our Tax Policy Page. In the event that a Merchant wishes to make a change to an order, Trilinda will attempt to notify the user by contacting the merchant at the email address, billing address and / or telephone number provided when placing the order.
12.2 By confirming the purchase at the end of the payment procedure, the user agrees to pay the applicable costs, as well as any shipping and handling costs or applicable taxes. Commissions and amounts associated with your use of the Services must be paid on time.
12.3 Some items or orders may be available for collection at a physical facility near you. For more information, see our Withdrawal Policy.
12.4 Third party payment service. When you make purchases through the Services, we may direct you to a third-party payment process such as Klarna AB. For more information see our Payment Methods Page. Use of the Klarna AB services is subject to your acceptance of the Klarna AB terms and conditions. By purchasing goods through Klarna on the Marketplace apps, the user accepts the Klarna AB terms and conditions, available at this link here.

13. Refunds, exchanges and various and any
13.1
We want the user to be satisfied with his purchase through the Services. Therefore, in accordance with our Return and Refund Policy, we offer the possibility to make a return or get a refund if there are problems with a purchase or order. However, this does not limit the legal or warranty withdrawal rights with the Merchant from which the user purchased their items. Please contact us as provided in the Returns and Refunds Policy.
13.2 The user agrees that: (i) Trilinda, in accordance with its Return and Refund Policy, can make a refund to resolve any problem with your order, including the contents of a list of items, the conditions of a given item or its shipment; (ii) to request any other remedy, you must contact the applicable Merchant. Except as described in the Returns and Refunds Policy, Trilinda cannot compensate, reimburse, cover or otherwise be liable for any unpaid sums to Trilinda, including but not limited to customs fees, taxes or VAT, as well as any return shipping costs in which the user may incur during the return or refund procedure.

14. Rewards, Credits, Trilinda Cash
14.1
The user’s account may contain rewards, credits or Trilinda Cash, to be used for discounts on the payment of eligible purchases made through the Services. Rewards, credits and Trilinda Cash cannot be exchanged for cash, except in jurisdictions where this possibility is required by law. Trilinda Cash are issued and can be used in accordance with the Trilinda Cash Policy. Trilinda gift cards are governed by the Trilinda Gift Card Policy.

15. Duration; Resolution
15.1
This contract has an indefinite duration.
15.2 The user is free to stop using the Services at any time. Any unpaid amount due to Merchants for any purchased items will not lapse. Trilinda is free to stop (or suspend access) to your use of the Services or account at your discretion and for any reason, including breach of these Terms, with two weeks notice.
15.3 The right to terminate this contract for just cause remains unaffected.
15.4 Closing the account can result in the destruction of any Content associated with your account, therefore the user must take it into account before deciding to close his account.

16. Special terms for iOS apps
16.1
If you access or use a Marketplace app on an Apple device or operating system, review these additional iOS terms.

17. Changes to the Terms or Services
17.1
Trilinda has the right to modify the contractually agreed services and these Terms if and to the extent that this is necessary for a valid reason that could not have been foreseen at the time of the conclusion of the contract and if such modification is reasonable for the user, especially if the relationship between performance and performance does not change significantly to the user’s disadvantage.
17.2 Trilinda will endeavor to communicate any changes to the Services or to these Conditions (“Notice of modification”).
17.3 In the event of changes to the contractually agreed services and these Terms, the user has the right to terminate this contract in writing from the moment the changes in question come into force.
17.4 Changes to the contractually agreed services and to these Terms are considered approved by the user if he does not expressly oppose them after receiving the Notice of Change. Trilinda draws the user’s attention in particular to the legal consequences of the change, the beginning of the objection period and the period itself and the date on which the change takes effect. In the event of failure to notify or incomplete information provided, failure to object does not constitute acceptance of the changes.
17.5 If the user does not accept the changes, Trilinda has the right to cancel the contract in writing from the moment the changes in question take effect.

18. Guarantee
18.1
The Services are subject to the statutory warranty rights.
18.2 The user is responsible for the normal storage of any data or information obtained through the Services.

19. Disclaimer
19.1
To the extent permitted by applicable laws, Trilinda limits or excludes its liability for: (i) your use of the Services, including downtime or periods of unavailability; (ii) products, information or other content provided by third parties; (iii) the use of products purchased from Merchants; or (iv) any indirect, consequential or special damage. If Trilinda has any responsibility towards the user, to the extent permitted by applicable law, the user agrees: (i) to have to take reasonable measures to limit any damage suffered; and (ii) that Trilinda’s liability will be limited to those damages that were a foreseeable and direct result of her conduct. Except for liability for death or personal injury caused by Trilinda, Trilinda’s liability will not exceed the amount greater than (i) the total amount of user purchases on the Marketplace Apps in the six (6) months prior to event on which the complaint is based; or (ii) 500 euros.
19.2 If the user’s habitual residence is in Germany, Trilinda’s liability (if any) is governed by the following provisions. To the extent that there is a conflict between the following provisions and the other provisions set out in article 19, the following provisions will prevail:
a. Trilinda is responsible for serious or intentional negligence, as well as for injury or damage to life, body and health caused by her conduct.
b. In the event of slight negligence, Trilinda is liable only for violations of substantial contractual obligations. Pursuant to this provision, a substantial contractual obligation is an obligation the fulfillment of which makes the implementation of this contract possible in the first place and on which therefore the contracting parties can generally rely.
c. If Trilinda is to be held responsible in accordance with the provisions of art. 19.2 (b), (i) Trilinda is not in any case responsible for commercial failure, loss of profits and indirect damages; (ii) Trilinda’s liability is limited to typical and foreseeable damages at the time of the conclusion of the contract and the user agrees to take reasonable measures to limit the damages suffered; (iii) in the event of data loss, Trilinda’s liability is limited to the costs that would have been incurred if the user had backed up the data correctly.
d. These limitations of liability apply mutatis mutandis for the benefit of Trilinda employees, agents and auxiliary agents.
19.3 Any mandatory liability on the part of Trilinda is not affected by this section 19.

20. General
20.1
Electronic communications
Notices or declarations can be processed in writing, including via email. Trilinda and the user communicate electronically, for example by email, SMS, push notifications or notifications and messages sent through the Services. If the user wishes to send a formal communication to Trilinda by email, the message must be addressed to support@trilinda.com and the formula “Formal communication” must be inserted in the subject.

20.2 Departures
We may transfer, assign or delegate these Terms and our rights and obligations without your prior consent.

20.3 Force majeure
If they are unable to fulfill their contractual obligations for reasons of force majeure such as natural disasters, war, terrorism, industrial disputes, sovereign orders or other circumstances that are beyond their control or whose prevention cannot be achieved with a reasonable technical or economic effort , the parties are exempt from their contractual obligations provided that these circumstances and their consequences have not been definitively eliminated. In all the aforementioned cases of exemption from the provision of services, the parties do not have the right to seek compensation for damages unless the party suing for force majeure is found guilty.

20.4 Headquarters
If none of the following exceptions are applicable, the exclusive place of jurisdiction for all disputes arising from this contract and the use of the Services by the user is our registered office (Sassnitz, Germany). Exceptions:
a. the place of jurisdiction of the user is located in an EU member state other than Germany;
b. the user is a merchant within the meaning of the German commercial code (Kaufmann);
c. you have moved your permanent residence outside the EEA after the entry into force of these Terms;
d. the user’s place of residence or habitual residence is known at the time of submission of the action.

20.5 Consumer complaints
The European Commission provides a platform for dispute resolution, available at http://ec.europa.eu/odr. Trilinda is not required and does not intend to take part in any dispute resolution procedures before a consumer mediation body.

20.6 Prescription
Complaints that may arise from or be related to the Services will lapse within two (2) years, provided that they do not result from damage or injury to life, body and health and that slight negligence has not been excluded. The start of the limitation period is determined by statutory law.

20.7 Export control
You are not permitted to use, export, import or transfer the Services, including the purchase of any product through the Services unless authorized by United States law, the laws of the jurisdiction in which you have used the Services or purchased a product and any other applicable law. In particular, without limitation, the Services, including products purchased through them, may not be exported or re-exported (a) to any of the countries subject to a U.S. government embargo or (b) to any individual included in the ‘list of persons or entities reported by the Treasury Department or the United States Department of Commerce. By using the Services or purchasing products through them, you represent and warrant that (i) you are not in a country subject to a United States government embargo or in a country designated by the United States government as a “supporter of terrorism” and (ii) not to be included on any of the U.S. government’s lists of sanctioned or restricted persons. Furthermore, the user will not use the Services or products purchased through them for any purpose prohibited by national law to which it is subject. At the page https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx you can find an updated list of the aforementioned countries and people.

20.8 Entire Agreement
These Terms constitute the understanding and agreement between the user and Trilinda as a whole and replace all previous understandings or agreements between the parties. These Terms cannot be modified by virtue of any: (i) execution of the contract between the parties; (ii) conduct or interaction between the parties; (iii) applicable commercial practice.

20.9 Waiver
Failure to respond to a violation by you or others does not constitute a waiver of our right to take action against same or subsequent violations.

20.10 Various provisions
If certain provisions of these Terms violate all or part of the legal obligations or are otherwise void or ineffective, the remaining provisions will remain unaffected.