AGB

General Terms and Conditions (GTC)

1. General

Trend GmbH provides its services exclusively on the basis of these terms and conditions.
They apply to all future business relationships, even if they are not expressly agreed again.

2.1. Internet services

The services to be provided by Trend GmbH arise from the offer underlying a contract and the service description contained therein.

As a rule, Trend GmbH provides the following services:

2.1.1. Conception, creation/production, publication, promotion, administration, network and network security, updating and constant maintenance of Internet and other digital presentations, advertising forms and representations in text, images and animation.
2.1.2. Programming in the area of Internet and presentation.
2.1.3. Graphic design, image processing, photo processing, consulting, training, general service.
2.1.4. Mediation in the areas of Internet and IT.
2.1.5. General IT services: digitization, creation of data storage media, etc. as well as all related services.

2.2. Limitations of liability

The liability of Trend GmbH for defective performance and for the non-provision of contractual services is based on the statutory provisions.

Trend GmbH assumes no liability for disruptions within the Internet, failure of servers, technical IT equipment due to force majeure or for damages and disadvantages incurred by clients through third-party providers, subcontractors and external contractors.

Trend GmbH does not guarantee the correct reproduction or identical display of Internet and other presentations when using different operating systems, browsers and other display software, unless Trend GmbH is guilty of gross negligence or intent. Trend GmbH is only liable for indirect and consequential damages in the event of intent or gross negligence. Trend GmbH does not accept any further liability. If the client himself makes changes to the products created (e.g. programs and directory structures), any warranty or liability claim is void.

Trend GmbH tests the products it creates to ensure they function and run when using different hardware, operating systems, browsers and other display software, but only the average and most commonly used ones. Trend GmbH cannot be held liable for internet outages, software or server failures. Internet search engines are used after consultation with the client. No guarantee or warranty can be given for the desired entry in these search services and no liability can arise for Trend GmbH. This does not apply to grossly negligent and intentional behavior on the part of Trend GmbH. In such a case, Trend GmbH is given the opportunity to make improvements.

Trend GmbH checks data storage devices and programs for computer viruses using the latest virus software before handing them over to the client. No liability can be accepted for any virus infection of the client's computer by viruses from the Internet or data storage devices. No claims for damages can be made.

2.3. Third-party providers, external companies

Trend GmbH may have services or the entire production or partial production for an order provided by subcontractors or third-party companies.

2.4. Copyright

If Trend GmbH creates products for the client or for third parties on behalf of the client, it transfers to the client a non-exclusive right of use to these products for the duration of the contractual relationship. The rights, scripts and program codes, such as JavaScript, VB-Script, PerlScript, CGI or Java programs, remain with Trend GmbH unless they are freely available, intended for free use and/or are the property of third parties. Trend GmbH is entitled to name products and services created on behalf of the client as references to third parties. Trend GmbH reserves the right to label its commissioned products appropriately and so that everyone can recognize them (logo, copyright notices, etc.) and to place a visible link to its own website for Internet projects.

2.5. Offers, prices, payment terms

The offers from Trend GmbH are non-binding and are valid for a period of 4 weeks. All prices in EURO from Trend GmbH are net prices, the statutory VAT is charged separately. Exceptions are offers in which gross prices including the statutory VAT are expressly stated. The payment period is 8 days after the invoice is issued, unless otherwise agreed. Payment is made by bank transfer to the account specified on the invoice or by crossed check. Partial services and partial deliveries can be invoiced separately. The invoice amount is due even if a requested service is not used. Trend GmbH is entitled to demand appropriate down payments and advance payments. The payment period for this is 8 days from the invoice is issued, unless otherwise agreed. If the customer fails to meet his payment obligations, stops making payments or a bank reverses the payments, this constitutes good cause for immediate termination of the contract. If the customer defaults, Trend GmbH is entitled to charge default interest of 7% above the European Central Bank's base rate and to demand reminder and processing fees. Until payment is made, the services delivered remain the property of Trend GmbH and, in the event of non-payment, must be returned upon request within 4 weeks of the invoice being issued or will be taken back by Trend GmbH without notice. The customer expressly agrees that, in the event of non-payment within 4 weeks of the invoice being issued, the service delivered by Trend GmbH will revert to the possession of Trend GmbH without further notice and that Trend GmbH will obtain full access to this service if Trend GmbH deems this procedure necessary. The access required for this, e.g. to the customer's servers and Internet directories, is expressly permitted and supported by the customer.

2.6. Rights of third parties

Trend GmbH does not check whether images, text or other material provided by the client is free of rights. This is the sole responsibility of the client. This also applies to statements relating to competition law. Trend GmbH cannot be held liable for such violations unless there is intent or gross negligence.

2.7. Termination of a contract

If the client cancels or terminates an order before the service has been completed, the time spent on the order up to that point will be charged at a net hourly rate of EUR 55. If this calculation is higher than the contractual net total order value, the net total order value will be charged. The handover of the service provided up to that point is not always possible due to the special nature of the product and cannot be demanded. If possible, the service provided up to that point will be handed over on a voluntary basis. Orders that violate applicable law, portray third parties negatively, contain pornographic or xenophobic content, or cause economic or other damage to Trend GmbH can be rejected by Trend GmbH or can be terminated immediately without notice after knowledge of them is obtained. In this case, services provided will be charged and treated as if the client had cancelled or terminated the contract. If it only becomes apparent during the development of a requested product that implementation in the requested form is not possible or requires more effort than agreed, the client can change the order after the contract has begun or the order will be renegotiated. If no new contract is concluded, the service provided up to that point will be charged and treated as if the client had cancelled or terminated the contract.

3.1. Customer acquisition, marketing and security concepts

A contract is concluded when both parties sign the order or, in the case of merchants, when the contractor confirms it in writing. The contract is also concluded when the client makes a down payment, which the contractor accepts as such, or when the contractor begins to fulfill the contractual services to the client without objection.

3.2. Concepts and designs

Designs and concepts of all kinds remain the intellectual property of Trend GmbH. They may not be reproduced in whole or in part and/or passed on for competition purposes without the written consent of Trend GmbH. Images, sketches, designs, scripts, drawings, photos, brochures, posters, etc. as well as those from events, trade fairs, etc. are subject to copyright protection. Use is only possible after a prior written agreement or conclusion of a usage fee with Trend GmbH.

3.3. Subject to change

Trend GmbH is entitled to change the agreed contractual services, including programs, security concepts, services, e.g. provision of food and drinks, etc., provided that this does not adversely affect the value of the originally agreed services compared to the changed service, including in the event of the failure of planned hostesses, promoters, artists or systems. Trend GmbH is free to exert artistic influence on programs, particularly if it serves the successful implementation of a program. The same applies to all security concepts in property, event and personal protection as well as general escort services, observations, investigations and reconnaissance activities. Trend GmbH is free to immediately adapt or change security concepts to changing circumstances and situations. This also applies to taking preventive measures at its own discretion in the event of new findings, incidents, chain of events, suspicions or as a result of evaluated internal and external reconnaissance activities.

3.4. Right to withdraw from the contract

Trend GmbH is entitled to withdraw from the contract in the following cases:

3.4.1. Failure to ensure payment of the fee as agreed or arrears of 8 working days with payments due and/or lack of cooperation on the part of the client, which is necessary for the successful implementation of the security concept, the event, the trade fair, etc.
3.4.2. Failure of planned hostesses, accompanying staff, promoters, artists or systems without it being possible to find suitable replacements in a reasonable manner (for the same remuneration). In the event of justified withdrawal by Trend GmbH, any claims by the client for damages or compensation shall be void.
If the withdrawal is based on 3.4.2., the Contractor shall only owe the Client compensation for damages in the event of intent or gross negligence. The compensation is limited to the amount of the agreed fee.

3.4.3. Trend GmbH may have services or the entire or partial performance for an order provided by subcontractors or third-party companies.

Withdrawal by the client:

3.4.4. If the client withdraws from the contract, the client must pay compensation for damages, including lost profits. The withdrawal must be declared in writing to Trend GmbH. Trend GmbH is entitled to demand appropriate compensation instead of a specific calculation of damages.

3.4.5. In the case of paragraph 3.4.4., Trend GmbH is entitled to demand flat-rate cancellation costs. The flat-rate cancellation costs amount to 70% of the contractually agreed price up to 15 days before the service is performed, and 90% from 14 days before the service is performed. The client reserves the right to demand a reduction in the flat-rate compensation if proof is provided that no damage was caused or that the damage is significantly less than the flat rate demanded.

3.5. Terms of payment

For services of any kind, the customer must pay an advance payment of 50% upon request up to two weeks before the start of the service (e.g. event, trade fair, etc.), unless otherwise agreed. After completion of the service, the remaining amount is due upon invoicing within 10 working days, unless otherwise agreed. Payment is made by bank transfer to the account specified in the invoice, by crossed check or in cash. In the event of late payment, the contractor is entitled to demand interest on arrears of 7% above the respective Bundesbank discount rate.

3.6. Warranty and liability

Trend GmbH shall not be liable if the failure of an event, trade fair, security concept, etc. is due to inadequate or lacking cooperation on the part of the client.

A guarantee for the success and/or the enjoyment of the event, trade fair, etc. is excluded. In the event of defects in the event, trade fair, etc., the client can demand remedial action within a reasonable period of time. If the client negligently fails to report the defect, claims for reduction or contractual compensation are excluded.

Any liability of Trend GmbH for damages and reimbursement of costs is excluded unless Trend GmbH is guilty of intent or gross negligence in causing the damage.

By placing an order, the client assumes the risk of danger in the event of force majeure. This includes non-existent operating conditions for technical systems and equipment. If the event cannot be carried out or can only be carried out to a limited extent due to circumstances beyond Trend GmbH's control, the client is simultaneously liable for the agreed fee. The use of all equipment is at the client's own risk. Event insurance is taken out by the client.
A traffic-related delay that is not the fault of Trend GmbH does not entitle the customer to compensation or a reduction in price. All approval and registration procedures as well as fees (e.g. public order office, GEMA/GVI, etc.) are at the expense of the organizer/client.

4.1. GB Security Services

The service is carried out exclusively on the basis of special service instructions. The special service instructions are drawn up on the basis of the order between the client and the contractor. They can be adapted to local conditions from time to time. The latest version applies in each case. Unless otherwise agreed, the general service regulations of Trend GmbH apply.

4.2. Security personnel, personal protection, authority to give instructions

Trend GmbH GB Security Services performs its work as a service provider (no temporary employment according to the law on the commercial temporary employment of April 7, 1972 BGBI 1972 I, p. 1393), whereby it uses its staff as vicarious agents. The selection of the employed staff and the right to give instructions lie solely with Trend GmbH GB & GF Security Services - except in cases of imminent danger. Trend GmbH GB Security Services is solely responsible for fulfilling all legal, official, social security and trade association obligations towards its employees.

Bodyguards, escort commandos, shielding and reconnaissance units, security agents and, if necessary, additional teams subordinate to them are subject exclusively to the instructions of the on-duty operations manager or security agents deployed by Trend GmbH GB & GF Security Service. Protected persons and clients who are also protected persons are also subject to the instructions of the on-duty operations manager or a specially assigned security agent in ongoing operations with regard to security issues and agreements made in advance. These always make decisions in the interest of the protected person, who in turn is obliged to actively participate in the defined security concept and the associated measures by following instructions, e.g. even in the event of imminent danger, preventively and operationally, and may not hinder defensive actions, self-protection and balancing measures through their own discretion in order to ensure the success of the service. Operational security measures, such as a short-term change to a route and the resulting delay to a business appointment, do not entitle the customer to claim damages. The following applies when weighing up the interests of others: life and limb before property.

4.3. Equipment and lending

The use of all equipment provided by Trend GmbH in connection with security concepts, such as ballistic protective vests/accessories, respiratory masks, tracking, surveillance and radio technology, bulletproof glass, armored limousines, etc., is at the customer's own risk. All equipment provided by Trend GmbH is tested and checked by Trend GmbH and the customer is usually instructed or trained by Trend GmbH in how to use it. However, Trend GmbH cannot guarantee functionality, e.g. a ballistic protective vest will be shot through due to the use of ammunition unknown to us. The manufacturer's specifications apply. In principle, Trend GmbH cannot derive any claims for damages from the customer's handling of the equipment provided to them.

4.4. Withdrawal from the contract

Failure to ensure payment of the fee when agreed or arrears with due payment obligations and/or lack of cooperation from the client or the person protected, which is necessary for the successful implementation of the agreed security concept, entitles Trend GmbH GB & GF Sicherheitsdienst to withdraw from the contract. In the event of justified withdrawal by Trend GmbH, all claims for damages or compensation are void. In this case, Trend GmbH GB & GF Sicherheitsdienst is entitled to demand damages from the client, including lost profits. If the client withdraws from the contract, Trend GmbH GB & GF Sicherheitsdienst is entitled to demand appropriate compensation instead of a specific calculation of damages. The flat-rate withdrawal costs amount to 70% up to 15 days before the service is carried out, and 90% of the contractually agreed price from 14 days before the service is carried out. The client reserves the right to demand a reduction in the flat-rate compensation if proof is provided that no damage was incurred or that the damage is significantly less than the flat rate demanded.

4.5. Security patrols in the patrol service

Inspections in the patrol service are carried out in the specified number and within the agreed times. The patrols are carried out at irregular times if possible. The execution of the patrols and the use of control points are specified in the special service instructions. Inspection records from patrols and protocols from alarms are available for inspection by the client at any time. Subsequent evaluations are carried out against payment of the necessary effort.

4.6. Separate security service, property security

The scope and method of implementation, including instructions on the checks to be carried out, are specified in the special service instructions if the client so wishes. The client provides the security personnel with a suitable room as a lounge with the necessary furnishings, heating, lighting, sanitary facilities and, if possible, a telephone.

4.7. Personnel, uniforms and services

Trend GmbH GB & GF Security Service provides selected personnel appropriate to the task to carry out the agreed services. Trend GmbH can have services or partial services for an order provided by subcontractors or third-party companies as well as the AKI Services division.

Security guard services are usually carried out in uniform. The standard uniform of the SAB security service consists of several parts, which can be combined and varied depending on the situation, also with regard to applicable accident prevention regulations. For special objects and orders, Trend GmbH offers the customer special collections or designs them in cooperation with the client. The wearing of special equipment, open or concealed firearms, suits or evening dresses for bodyguards, etc. can be specified in the special service instructions on request. Otherwise, the decision is made by Trend GmbH GB & GF SAB security service. Employees deployed in the area of AKI services, such as KK-OEK (card control/cash collection), customer service/coordination, host/hostess, etc. are service employees who do not carry out security services, but work in event services. Security and guarding activities are carried out exclusively by deployed personnel of the SAB security service in accordance with Section 34a (GewO).

4.8. Complaints

Complaints of any kind must be reported to Trend GmbH GB & GF Sicherheitsdienst in writing immediately, but no later than within 3 days of discovery, for the purpose of remedy. If the complaint is not reported in a timely manner, rights arising from such complaints cannot be asserted.
Repeated, serious violations only entitle the contract to be terminated without notice if Trend GmbH GB & GF Sicherheitsdienst does not remedy the situation within a reasonable period of time despite written notification.

4.9 Offers, prices, payment terms

The offers from Trend GmbH GB Sicherheitsdienst are subject to change and are valid for the stated period. All prices quoted in EURO by Trend GmbH GB Sicherheitsdienst are net prices, with VAT being added. Exceptions are offers in which gross prices including VAT are expressly stated. The payment period is 8 days after invoicing, unless otherwise agreed. Partial services can be invoiced separately. Trend GmbH GB Sicherheitsdienst is entitled to request appropriate installment and advance payments. The payment period for this is 8 days from invoicing, unless otherwise agreed. Price offers confirmed by the client are only valid when the order has been accepted and confirmed by Trend GmbH GB Sicherheitsdienst. A contract is concluded when both parties sign the order confirmation or when the order is executed by Trend GmbH.

4.10. Interruption of surveillance

In the event of war, strikes, unrest or other cases of force majeure, Trend GmbH GB & GF Security Services may interrupt or appropriately adjust its services if their performance becomes impossible. In the event of an interruption, Trend GmbH GB & GF Security Services is obliged to reduce the agreed fees for this period, which roughly correspond to the amount of wages saved.

4.11 Liability

Trend GmbH GB & GF Security Service assumes full responsibility and liability for any official omission, action or unlawful act of its vicarious agents, provided and to the extent that it is covered by its insurance. The insurance conditions are available to the client for inspection upon request. Trend GmbH GB & GF Security Service guarantees that a) liability insurance is in place with a major liability insurer, b) the premiums are paid on the due date, c) the risks are covered in the manner prescribed by law. Any liability beyond these provisions is excluded.
The contractor is not liable for any damage other than that listed, except in the case of intent or gross negligence. Also excluded from liability are all other damages for which no insurance cover is provided based on the general insurance conditions of the liability insurer. The liability claim expires if the client does not notify Trend GmbH GB & GF Sicherheitsdienst in writing within 3 days and, in the event of rejection by them or their insurer, asserts it in court within 6 weeks of the rejection.

Coverage amounts:

1. Personal injury, property damage and financial loss up to € 5,000,000.00
2. Financial losses resulting from violation of data protection laws within the scope of dog coverage
3. Loss of guarded items up to € 500,000
4. Loss of third-party keys and code cards € 500,000.00

4.12. Invoicing and payment

For security services of any kind, new customers must pay an advance payment of 50% upon request before the service begins, unless otherwise agreed. Trend GmbH GB Security Service is entitled to issue interim invoices for larger orders. After completion of the service, the remaining amount is due within 8 working days upon invoicing, unless otherwise agreed. Payment is made by bank transfer to the account specified in the invoice, by crossed check or in cash or another agreed payment method, e.g. payment via PayPal. In the event of late payment, the contractor is entitled to demand default interest of 7% above the respective Bundesbank discount rate. Set-off and retention of security fees are not permitted unless the claim is undisputed or has been legally established. In the event of default in payment, Trend GmbH GB Sicherheitsdienst has the right, after prior written notice, to discontinue the services and any resulting liability obligations, without the client being released from his contractual obligations or from the contract altogether.

4.13. Price change
In the event of changes in collective wage agreements due to the conclusion of new wage, framework or other collective agreements or statutory changes to non-wage labor costs, the prices for security services will change by the same percentage.

4.14. Recruitment
The client is not permitted to contractually bind employees of Trend GmbH GB Sicherheitsdienst to themselves in an independent or dependent manner. This provision remains valid for 12 months after the end of the service contract. If the client violates this agreement, he is obliged to pay six times the monthly fee to Trend GmbH GB Sicherheitsdienst as a contractual penalty.

4.15. Silence

The client will maintain confidentiality towards third parties regarding everything that comes to his knowledge as a result of the order. Reports, minutes, organizational plans, drafts, drawings, security concepts, lists, offers and invoices of the contractor are intended only for the client and must be treated by the client as strictly confidential. The client is liable if they are passed on to third parties in breach of the agreement or if they enable third parties to gain knowledge of them.

4.16. Contract changes

Any side agreements, changes, additions or restrictions to the contract must be made in writing, as must the waiver of the written form requirement itself!

4.17. Trivialities

If any of the above provisions should be legally invalid, the validity of the remaining provisions shall not be affected thereby. The legally invalid provision shall be interpreted in such a way that it comes as close as possible to the economic purpose intended with it.

5.1. Trade in goods

These terms and conditions are deemed to be accepted upon written confirmation of an order or delivery of the goods.

5.2. Conclusion of contract

An order or contract is concluded with the confirmation of the order or with the delivery of the goods.

Deliveries by Trend GmbH are subject to the condition that we ourselves receive the correct and timely delivery. If the goods are not available, you will be notified immediately.

Events of force majeure, industrial disputes, traffic disruptions and obstructions, shortages of means of transport, energy, raw materials, auxiliary materials and operating supplies, operational disruptions of any kind in our own operations or in operations related to the performance of the contract shall release us from the obligation to deliver for the duration of these effects or in the event of impossibility.

The purchaser cannot claim damages due to non-performance or delay unless they are based on intent or gross negligence on the part of the seller, a legal representative or vicarious agents.

5.3. Right of withdrawal

Buy without risk - return policy
If the item you want does not meet your expectations, you can return it within 14 days, enclosing the original invoice. Provided the item is in perfect, unused condition and in its original packaging, we will credit you for the full purchase price. Items made to customer specifications, e.g. embroidery, printed textiles, special orders such as the procurement of items that are not included in the current range, books, videos and CDs/DVDs, are not returnable if the delivered item has been unsealed by the customer.

Consequences of revocation:

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the item as if it were your own property and refraining from doing anything that impairs its value. Items that can be sent by parcel must be returned at our risk. You must bear the cost of returning the goods if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent as a parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins when you send your cancellation notice or the item, and for us when we receive it.

5.4. Further delivery conditions

There is no minimum order value! For orders over 150.00 euros we deliver postage free. For deliveries under 150.00 euros we charge a shipping fee of 5.50 euros for each order (if paid in advance) plus a 6.00 euro cash on delivery fee (for cash on delivery orders). The shipping fee for deliveries abroad is a flat rate of 25.00 euros.
When shipping bulky items, we charge a surcharge equal to the cost price (shipping/post).
5.5. Proof of age

According to the Weapons Act, knives, batons, cutting and stabbing weapons (e.g. samurai swords, king swords), crossbows, etc. may only be sold to persons over 18 years of age. If you order such items, we must ask you to send us proof of age (copy of your ID card).

5.6. Terms of payment

Deliveries are generally only made against cash on delivery, advance payment or direct debit. Delivery with invoice to merchants, authorities, clubs, etc. is only made after prior agreement. All prices are subject to change. In the event of price changes, the price valid on the day of the order or delivery applies.

5.7. Retention of title

The delivered goods remain the property of Trend GmbH as reserved goods until the purchase price and all claims arising from the business relationship have been paid.

5.8. Notes

All trademarks, product names, product images, company names and logos displayed and cited on the websites are the sole property of their respective users.

All graphics and product information on the website are for the personal information of the customer. Their use is at your own risk. All data refers to information provided by the manufacturer.

No liability is assumed, including for consequential damages.

All offers are subject to change. No liability is accepted for printing errors or errors in illustrations. Technical changes, improvements and errors reserved.

6. Final provisions

The place of performance and jurisdiction is Plauen, Federal Republic of Germany.

All contracts, services or orders concluded on the basis of these terms and conditions shall be subject exclusively to the law of the Federal Republic of Germany.

The above general terms and conditions (GTC) apply to all services and deliveries in the version valid at the time of the order, service or purchase. Deviating regulations only apply if they have been confirmed by us in writing.

End of the General Terms and Conditions I Trend GmbH as of 02/2018 I Download General Terms and Conditions as PDF / Print cancellation form