Terms and conditions

Release date: 2009-06-10

Basic instructions

Why are the following terms and conditions important after all?

The terms and conditions are the foundation of our service, the legal framework upon which our business is built. They are a legally binding part of the contract with you and Groupido to which you agree when registering at the Groupido platform.


What is the content of those terms and conditions?

They describe the legal relationship between the users of the Groupido platform, the providers and buyers of products and services. Furthermore they describe the basic legal aspects of the relationship between our customers and their customers.


What is the meaning of the various descriptions used in this document?

When referring to the platform, we are talking about our whole presence online. We, that means our company – Groupido Grouporder Services GmbH, Im Fuchstälchen, Gebäude 30, 66123 Saarbrücken, Germany – are the provider of the platform. Users are the people browsing the platform or being active in the Groupido community – regardless of whether or not they are registered or logged in.
As a provider you are offering products or services on our platform groupido.com.
As a buyer you are a client of the providers and you join a grouporder to buy their product or service. Offer duration time is the time span during which buyers can join a grouporder in order to buy a product or a service.


What is special about the platform?

Groupido is a platform that enables providers to gather orders for products or services. Furthermore it can be used to bundle individual customer requirements and to give the provider a chance to customize them as far as possible.


What is the service Groupido provides with its platform?

Basically, Groupido offers the technical framework for its users to do business.


Why do I have to register?

To make use of the platform the user needs to explicitly accept the terms and conditions and agree to the contract that results thereby.


What is the cost of the contract I am going to agree to when using Groupido?

The contract between Groupido and you that results from browsing the Groupido platform does not cost anything. There are no one-off or reoccurring costs for logging in and registering. Groupido only charges for the use of particular services the platform offers. However, Groupido will explicitly indicate these instances in advance to ensure the user can freely choose whether or not to proceed.
Regardless of these cost there may be costs to access the internet (e.g. from the users own telecommunications provider) which are to be paid be the user himself.


Who can register?

Groupido is only accessible by persons and companies who are of full legal capacity. Please check your state law to see whether or not you are of legal age to use Groupido.


How do I register?

You register by confirming the correctness of the data you give during the registration and the data you will give in the future while using the platform. Registrations with faulty data and/or wrong names, addresses, etc. are against our terms of use and lead to a permanent deletion of your account and to a cancellation of all your activities. In the event that a breach of our terms of use causes harm to Groupido or any of its customers, full compensation will be sought.
Groupido reserves the right to use manual and automated procedures to check the correctness of your data. By registering you explicitly agree these procedures.
In case your data has changed (Name, telephone number, email, etc.) you are obliged to correct the data the next time you are active on Groupido.


What more means do I have after I am registered?

As soon as your registration is finished you can use the functionality provided by Groupido´s community offers. This includes the publishing of your own grouporders and taking part in other grouporders as a buyer.


Is there a special code of conduct which needs to be adhered to?

You need to make sure that
• no third parties will be harmed by your activity within the Groupido community
• the functionality of Groupido will not be harmed by your actions
• you are not breaching the terms of use
• you act according to current laws in your country


What will be the consequence if I do not follow the code of conduct?

You are fully accountable towards Groupido and third parties for the actions which are done in your name, with your login data. In your own interest, we strongly recommend to keep your login data safe. In case of a breach Groupido might temporarily or permanently block your account, temporarily or permanently exclude you from all or specific actions or delete all or specific content you provided. Compensation for losses incurred by Groupido are unaffected by the measures described above.


Are there any other reasons which warrant exclusion from the Groupido?

We reserve the right to exclude users from Groupido in case of multiple breaches or the terms of use, as well as in case of breaches in the relationship between provider and buyer. We also reserve the right to exclude users from providing grouporders or buying grouporders who are known to be bankrupt.


What conditions define the contract between provider and buyer?

The minimum conditions are set in this terms and conditions document. Every user, be it provider, buyer or mere visitor accept these as the basis for the business they do with Groupido and on Groupido´s platform.
The provider might add additional terms and conditions in his grouporder, especially with regards to terms of delivery and payment. Nonetheless these additional terms must not stand against the terms and conditions defined in this document. In case of any doubt, the terms and conditions of Groupido, as stated in this document are the ones to be adhered to.


How do I handle the information I received during the registration process?

All information obtained is to be treated as confidential. The information given is not be distributed or to be shared with third parties and is only to be used in the context of working with the Groupido platform. The given information is explicitly not to be used for advertising purposes. An exception to the above being, in the event that the information owner has explicitly given their consent in written form.
In case you intentionally breach this rule, an according penalty fee will be applied which will be set by Groupido in accordance with § 315 BGB (German law) and which will be open for judicial assessment.


When and how can the contract for using Groupido be canceled?

In case you did not join any current grouporder and you did not publish a grouporder you are completely free to cancel the contract as a user at any given time. Your Groupido profile is equipped with a functionality to do so.
In case you did join a current grouporder or you did publish a grouporder, the earliest possible time to cancel your contract as a user is when all activities related to your grouporder are taken care of. Groupido reserves the right to cancel the customer contract to the same conditions.


What is Groupido liable for?

Groupido strives to maintain a maximum availability of its platform and to reduce software issues to a minimum. However Groupido cannot be made liable for availability or stability related issues.

In case Groupido breaches it´s duties willfully or acts in a grossly negligent manner, Groupido can be made liable for any losses suffered, without limitations, to the full extent of the law.

In the case of grossly negligent behavior of non leading employees, Groupido´s liability is limited to direct losses foreseeable and typical for this type of contract.

In the case of moderately negligent behavior Groupido´s liability is limited only to direct losses, caused by breaching essential points of the contract, foreseeable and typical for this type of contract.

Further liability for compensation is – regardless of the legal nature of the lodged claim – explicitly excluded. This is especially valid for illicit actions according to §823, 831 BGB (German law); a potentially unlimited liability in accordance with the regulations of the German product liability act is not touched thereby.


Changes in Groupido´s terms and conditions

We reserve the right to change the terms and conditions in this document within a two week notice period. The user will be notified via email about changes, if any. Furthermore the user will be notified about the deadline to which the new terms and conditions need to be accepted, as well as the consequences of ignoring the changes. In the event that the user does not explicitly agree or disagree within two weeks after the notification mail was sent, the changes in terms and conditions count as accepted. Current grouporders and transactions as well as past grouporders and transactions will be untouched by changes in terms and conditions.


Can I retain or balance claims?

You can retain or balance claims, but only if an effective judgment for a counterclaim in your favour exists.


How safe are my data?

The registered users data is saved to an extent and for a duration as required within the boundaries of the contractual relationship. The data is only used within the contractual relationship between the user and Groupido. In the process of settling the contracts between its users Groupido will only pass on the information between providers and buyers as needed to clear their successful grouporders. Besides that a transfer of user data will only take place with the explicit consent of the specific user. Grouporder reserves the right to transfer user data in case of infringement of third parties´ or third parties assignees rights. Groupido´s users are entitled to be informed about their current data held by Groupido at any time. The data privacy statement is explicitly stated in the registration process.


Court of jurisdiction, Deliverie

All contracts and breaches are covered by German law. This includes the contract between the user and Groupido, every contract made between the Groupido platform and the user and every contract made between users via the platform. In case of doubt, German law applies as well for contracts between providers and buyers, as long as no mandatory law stands against this, especially in respect of consumers and consumers’ choice.In the case of postal communication sent to addresses of current users, it is assumed that deliveries arrive in regular mail delivery time.


Severability clause

In case any particular of the regulations stated in this document should be or become invalid or unfeasible, the other regulations still apply. Those regulations that are invalid or unfeasible will be replaced by according regulations that come closest to the original regulations purpose. The same applies in the case of an unintentional lack of or a loophole in the current regulations.


Back to overview

For buyers

What do I have to take care of, if I want to buy a product or a service as a buyer?


What happens when a user places a grouporder?

From a legal point of view your grouporder is like a regular order which can be accepted by the provider of the grouporder for the duration of the grouporder offer. You are free to cancel your grouporder without any cost within the duration period of the grouporder. After the duration period of the grouporder has ended and the conditions (Number of buyers, desired price and so on) have been realized, you as a buyer are obliged to pay for the product. Within every specific grouporder there will be a specified offer duration as well as the terms of acceptance and any further conditions will also be defined.


Is the provider obliged to accept my order as a buyer?

Every specific grouporder contains detailed conditions which are necessary for the deal to be realized. Once these conditions met, which means that amongst other things, there are enough buyers for a specified price, the provider is obliged to sell the product or service as described in the conditions within the grouporder.
In case a grouporder becomes realized, everybody who joined that particular grouporder gets to buy the product or service for the price resulting from the specified conditions and the price-quantity scale.


What happens if the grouporders´conditions are not met during the grouporders´ duration period – e.g. there are not enough people willing to purchase?

In that case nothing happens. Your offer to buy is not being picked up and that´s it. Neither you nor the provider have any claims, not between each other and not between you and Groupido. For you as a buyer who did not get to complete the deal, there will be no cost.


With whom will I have a contract?

The contract is going to be between the provider and the buyer directly. Groupido only provides the platform and enables provider and buyer to do business.


Is Groupido liable in case the provider does not stick to his agreements?

No. Groupido only provides the platform and enables the provider and buyer to do business. The only person liable for content, quality and specification for the product or service offered is the particular provider, not Groupido.


What methods of payment can I use?

There are several options available which can be selected by the particular grouporders provider.


Do I have the right of withdrawal or right of cancellation?

Regular legal requirements apply, which do in general include the right of withdrawal. In particular cases it may happen that the grouporder is about customized goods or services that are especially built or provided upon customer request and could therefore not be sold on the general market. They may have been specially customized to particular customers´ requirements. Under these conditions the right of withdrawal might cease to exist, in accordance with § 312d break 4, Number 1 BGB. This is required to give the provider a chance to offer a grouporder of that kind. Still, this is highly dependent on the particular grouporder.


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For providers

What do I need to take care of when I want to offer a grouporder?


Do I need to register?

You need to register as a user. There is no specific registration for providers.


What regulations apply in case I do have my own terms and conditions?

The contract which applies when using the Groupido platform is only valid if you explicitly accept Groupido´s terms and conditions. Therefore terms and conditions contradicting Groupido´s terms and conditions are invalid.


Which parameters apply with regards to technical specifications and content?

Groupido provides the technical infrastructure. Within Groupido´s infrastructure you can use Text documents, pictures, links, etc.
In regards of Groupido´s platform´s quality and reliability Groupido reserves the right to demand a modification of the grouporder in case the grouporder does not match the quality standard required by the Groupido platform. This applies especially with regards to product or service specification clarity and transparency, as well as for images displayed.


What prices do I have to show?

Basically it is required that you display the final price, including value added tax. It is necessary to point out delivery cost, if any.


Can I be a provider, as a private person?

Unfortunately you cannot be a provider as a private person. The Groupido concept is based on the assumption that the provider is a company acting with commercial intent. Groupido requires it´s providers to act towards the buyer as an entrepreneur, which means taking care of the guarantee, warranty and laws with regards to customer care. To see if your local finance office sees your activities at Groupido as a commercial undertaking we recommend that you check with the finance office directly.


Is it possible to freely configure the conditions of my grouporder as I like?

Yes and no. You are not allowed to set up conditions explicitly contradicting Groupido´s terms and conditions. This is to ensure a transparent business model for everyone involved.
Furthermore, your conditions must be in accordance with the German law.


Who is responsible for the enforcement of the condition´s compliance with the law?

Basically the provider himself is responsible for making sure his offer is in accordance with current laws. The provider is specifically responsible for the product or service specification, description, warranty, withdrawal, provider identification and any further conditions.

As long as we offer a legal framework, Groupido is responsible [besides the provider] in the event of the provider notifying Groupido in advance about their concerns with regards to the legal framework provided by Groupido and in the case that Groupido explicitly confirmed the validity of its provided legal framework in this particular case.


Breaches made by the provider – what are the consequences?

The provider is liable for ensuring their grouporder is in accordance with the current law. The provider explicitly confirms that his grouporder is free of third parties rights, that his grouporder does not conflict with third parties proprietary rights and that his grouporder is not misleading or anti- competitive.

In case Groupido is held liable for a provider´s grouporder by a third party, the provider indemnifies Groupido from any third party claims and pays for any necessary expenses related to legal cost. In such cases, Groupido is allowed to transfer the providers’ data to the third party who is claiming rights. Groupido is allowed to decide what action to take towards the third party on grounds of obliging legal discretion. Groupido is entitled to cancel, delete, set-off and modify the provider´s grouporder where the grouporder is subject to third parties claims.

Groupido will notify the provider immediately when the grouporder is subject to a third parties’ claims. The provider is obliged to supply Groupido with any necessary and useful information that can be used in a legal defense.


What costs are involved with using the platform?

Registration is for free. As soon as you become active as a provider there is a price to pay, which is detailed on the price overview page.


How much time can I take with making the payment?

You will receive an invoice via post or email. The grand total is due in two weeks of receipt. After that period you are in default, without that a dunning letter is necessary. From this point on, default interest will be claimed. The default interest rate will be in accordance with the current interest rate for trading operations, which is 8 points above the base lending rate. Should the default cause further financial damage, we can and will claim for any financial losses caused.


What happens in the event that I am in default with a payment?

Groupido is entitled to exclude you from using the Groupido platform for as long as the default lasts. Furthermore Groupido is entitled to resign from the existing contractual relationship without prior notice.


Is Groupido liable in case the buyer does not pay?

No. Groupido only provides the platform and enables a provider and buyer to do business. Groupido is not liable for the buyers reliability or willingness to pay. Furthermore Groupido cannot guarantee the buyers identity.


Back to overview

For buyers and providers

What are the regulations between providers and buyers?

When is there a contract?

The contract starts with the acceptance of the grouporder. The provider is obliged to fulfill the grouporder – in the event that the conditions and criteria, e.g. the price-quantity scale and the minimum number of units, on which the grouporder is based, are met. In case the conditions on which the grouporder is based are not met, the grouporder ends once it´s duration time has passed and there are no obligations for any of the parties involved, nor for Groupido.


What price does the contract settle?

The price that is settled in the contract is the price that is determined via the price quantity scale, at the time of the grouporder offer ended. Every buyer whose desired price equals the final price or is higher – in relation to the price quantity scale – gets to buy the grouporder.


What are the providers’ obligations?

The provider has to describe his product or service in a way that is precise enough to leave no doubt for the prospective buyer in understanding what exactly will be delivered in the event that a contractual relationship is established.

The provider has to deliver the offered product or service as described and according to the conditions on which the grouporder is based. The grouporder can be canceled by the provider without any the need for a reason to be given as long as it is within the grouporder´s duration period.

The provider´s prices have to be transparent, any additional costs and delivery cost have to be clearly stated.

The provider is liable for sticking to his given delivery time. In case the provider does not meet his given deadline for delivery, the buyer obtains the right to withdraw from the grouporder, unless the delay is outside of the provider´s control.

The provider offers a minimum warranty as stated in the applicable law. The provider is free to arrange a better warranty and guarantee conditions as requested by law.


What obligations does the buyer have?

After the grouporder´s duration period has ended the buyer is bound to his order. The buyer can withdraw his order without payment, at any point up until the the end of the grouporder´s duration period.

When the grouporder´s duration period has ended and the order is successful, the buyer is obliged to pay the provider the specified price within the specified time-frame.

Reservation of proprietary rights Goods and services that are delivered before full payment is received remain in the ownership of the provider unless the payment is fully received.


Reservation of proprietary rights

Products and Services, delivered before full payment is received, remain in the ownership of the provider until full payment is finally received.

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