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General Terms and Conditions 

Below are the terms and conditions (or conditions of use) for using our service. Under „General Terms and Conditions“ you will find the terms and conditions that apply to both users and merchants. Under „User GTC“ you will find the terms and conditions specific to the user and under „Dealer terms and conditions“ the general terms and conditions specific to the merchants. For a more detailed definition of „users“ and „dealers“ see the tab „General“

General Terms

User Terms

Dealer Terms

General Terms and Conditions 

 

General

Findeling GmbH, hereinafter referred to as „Findeling“, operates an information platform (web-based service as WebApp and mobile app) for local retailers, where companies (individual companies, partnerships, legal entities), hereinafter referred to as „dealers“, can represent themselves. The presentation includes the products and brands offered by them, business data (opening hours and contact details) as well as offers and other company-relevant content. Consumers / customers, hereinafter referred to as „users“, can localize them by means of environment search targeted by keywords and search terms. Users also have the ability to subscribe to stores and find out about offers and news from their favorite offline retailers. For users, the platform Findeling is provided free of charge.

Findeling is operated by:

Findeling GmbH, Axel-Springer-Platz 3, 20355, Hamburg, District Court Hamburg HRB 135293

Managing Directors: Florian Schneider, Katharina Walter

Contact: support@findeling.de, +49 (0) 40 947 760 53

Website: www.findeling.de

Contract terms in the context of purchase contracts that are closed via the platform https://shop.findeling.de and https://shop.findeling.com .

 

For any use of Findeling, the following terms and conditions apply.

These terms and conditions contain the terms and conditions for the use of our platform (as defined below) and services (as defined below) and all content, services and / or products available on the platform (collectively „Findeling Services“).

The Findeling Services are subject to your acceptance of all of the terms hereof and all other operating rules, policies, policies (as defined below) and any future changes thereto, as well as the procedures that may be published on or from the Platform from time to time The Findeling Services (collectively the „Terms“) may be provided without modification (except special conditions (as defined below)). If you accept these terms and conditions (as defined below), they form a legally binding contract between you and the supplier (as defined below). If you enter into these conditions on behalf of a company, such as your employer or the company you work for, you represent that you have the legal authority to bind that company.

PLEASE READ THE GUIDELINES CAREFULLY. BY REGISTERING, ACCESSING, BROWSING, AND / OR ANY OTHERWISE USING FINDELING SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE DIRECTIVES BOTH AS WELL AS YOU AGREE. IF YOU DO NOT AGREE TO THE GUIDELINES, BROWSEN OR DO NOT USE THE PLATFORM OR FINDELING SERVICE.

Authorization

Authorization to conclude these conditions with the supplier

The use of the Findeling service implies the acceptance of these conditions. To accept these terms for yourself or on behalf of a client, a person must have the legal capacity to do so. In the case of a person, the person must be at least 18 years old or have a valid power of attorney from their legal representative or administrator. In the case of a legal person, the company must be duly established and in good condition.

The terms will be recognized as soon as one of the following conditions occurs first:

  • the person has received confirmation of the creation of the account and the required access data from the supplier to log in to his / her account; or
  • for the Findeling Services and parts of the Website, the use of which does not depend on the creation of an account, as of the date of access to these services.

You may not access the Findeling Services (i) for production purposes, (ii) if you are a competitor of Findeling, (iii) to monitor the availability, performance or functionality of the Findeling Services or (iv) for other benchmarking or competitive purposes.

Upon acceptance, these terms will remain in effect until terminated as provided.

 

Fees and Payments

Use of an account is chargeable to merchants. When signing up for an account, the customer must choose a plan. Different rates apply to the different plans. The respective fee is charged in advance on monthly or annual payment intervals, unless otherwise agreed between the parties.

All fees are non-refundable, ie there are no refunds or credits for periods when the customer has not, partially or unused an activated account, disabled the account or terminated these terms during an ongoing payment interval.

All fees are exclusive of any taxes, duties or customs duties, as applicable under applicable law, unless otherwise stated. The customer is solely responsible for the payment of such taxes, duties or duties.

 

PAYMENT

The following terms apply only if you purchase access to the Findeling Services directly from the Supplier. If you purchase access to the Findeling Services through a reseller, the terms of payment are as specified in the agreement with your reseller.

 

  1. Authorization of the payment card

The supplier may request a pre-authorization of the customer’s payment card account prior to the purchase of Findeling Services to ensure that the card is valid and has the necessary funds or credit to cover your purchase. You authorize this payment card account to pay the amounts described herein and also authorize the supplier to debit all amounts described in these terms and conditions from this card account. You agree to provide the supplier with updated information about your payment card account upon request of the supplier, if the previously indicated information is no longer valid.

 

  1. Direct debit payments

In some markets, if the customer so requests, the supplier may request that the customer issue a direct debit authorization to facilitate direct debit payments. In these cases, the supplier must comply with all applicable national rules and regulations for direct debit payments.

 

  1. Average cost

In the event of late payment, the contractor may demand default interest from the client for the period from the due date of the payment obligation to the proper performance of the service. Default interest consists of a so-called base interest rate and a premium. The default interest rate has been 9 percentage points above the base rate since 29/07/2014. The calculation of the penalty is one year as 365 calendar days.

Loss Mitigation

Please contact us before warnings!

If you believe that we are infringing or infringing your rights or trademark rights in any way, we ask that you first contact the management (see above) without issuing a cost notice.

Your complaints will be checked and corrected immediately. Turning on a lawyer is not required.

Attorney’s fees are not reimbursed, since our declaration does not require a legal protection requirement – § 8 Abs. 4 UWG. We refer to the BGB prescribed loss mitigation obligation and §226 BGB.

Specifications

Findeling is a web service that shows users based on the current (localized via the app) or a selected location and a sought after industry, goods and / or brand stationary retailers. In addition, Findeling offers a platform on which contractors can publish contributions („news“) in the form of texts and images for advertising purposes. This can be done after registration and registration via www.findeling.de or via the mobile app „FindelShop“. In addition, Findeling offers contractors the ability to access their data or profile at any time and change content at any time. The deletion of basic content (profile picture, address, etc.) may lead to a temporary blocking of the account for the purpose of completeness.

The Findeling Business Information (hereinafter „Merchant Data“ – eg address, contact details, opening hours, guided products) is provided directly by the merchant or its website and is not reviewed by Findeling. Dealers who are a part of Findeling provide Findeling with the information via e-mail for manual upload. In addition, Findeling reserves the right to search content (eg websites and online shops) of contractors for information about goods and to integrate them into its service.

Findeling always endeavors to provide the user with up-to-date and correct dealer data, but does not warrant that the dealer data available through Findeling is correct and complete in content. Findeling is not responsible for the current availability of a requested merchandise, ie, should a product be unavailable in a retail store or should the merchant differ in terms of merchant data from those displayed on the platform ( www.findeling.com ). All information provided by Findeling is to be understood as non-binding recommendations and assistance.

Findeling reserves the right to refuse registration of a transaction without stating reasons.

 

Jurisdiction and Applicable Law

Only the law of the Federal Republic of Germany applies. Jurisdiction in disputes with users who are not a legal entity under public law or public law special fund, Hamburg.

Severability Clause

(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.

(3) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Instead of the ineffective points, if available, the legal regulations. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.

(4) Supplier reserves the right, at its sole discretion, to modify, modify, add or remove portions of the Terms at any time by posting those changes on or through the Platform or Findeling Services. Please check these conditions regularly for changes.

(5) Your continued use of the Findeling Services following the posting of such changes as described above constitutes your binding acceptance of such changes. These amended terms will automatically occur at the earlier date (i) your continued use of the Findeling Services or (ii) 30 Days after the publication of these amended conditions on or via the platform in force.

(6) Notwithstanding the foregoing, the settlement of disputes arising between you and the Supplier shall be governed by the terms and conditions in effect at the time this dispute arises.

(7) Should individual provisions of this contract be or become invalid or void, this shall not affect the validity of the remaining provisions of this contract.

User

User

Users are people who use the Findeling platform free of charge, ie, they are looking for products or subscribing to businesses. These are clearly distinguishable from the dealers who can maintain a shop profile. Users, on the other hand, can create a user profile that displays individually subscribed businesses and allows personal data (user name, profile picture, etc.) to be maintained and edited.

Scope

These Terms of Use apply to all services offered by Findeling that relate to users. They form the contractual basis for all services that users of Findeling use.

The services offered to users are free of charge.

Registration

The use of Findeling is basically possible without registration. However, the full scope of Findeling services is available only to users who have registered with Findeling with their user data.

Users who wish to register for Findeling must be at least 15 years old. User registration is permitted for non-commercial purposes only.

By registering, the user agrees to provide his user data truthfully and to keep it up to date even after registration.

Registered users are required to keep their access data for Findeling safe and to protect it from being noticed by third parties. If it is suspected that third parties have received knowledge of access data of the user, he undertakes to immediately change the access data.

There is no entitlement to registration. Findeling reserves the right to refuse user registration without giving reasons.

 

Usage Rights

The User receives a simple, worldwide, non-sublicensable, non-transferable, revocable license to the Findeling App (web and mobile) and its content for your personal, non-commercial use only. Any use beyond this is not permitted; in particular, the user may not copy, modify, reverse engineer, decompile, distribute or make publicly available the Findeling app and its content.

Availability of Services

Findeling strives to provide high availability. Findeling also endeavors to minimize any maintenance during operating hours and to reduce it to a minimum amount of time.

Findeling is not liable for delays in performance caused by force majeure. The same applies to events that significantly hinder or make impossible performance. This includes in particular official orders, strikes, failures of the communication networks, etc. For server failures or other failures that cause the website of Findeling can not be called, Findeling assumes no liability, as far as nothing else arises from the above provisions.

Findeling also reserves the right to change the service and to discontinue it temporarily or permanently. Changes as well as the attitude of the service can happen at any time and also without announcement.

 

Liability

The free app and the content available for free from Findeling are provided in the current development and data status with all possible defects. Findeling does not warrant the completeness, safety, quality, accuracy or reliability of the Findeling App, which is available free of charge, and the Findeling Content. The use of Findeling is at your own risk. In particular, Findeling is not liable and / or obligated to compensate for any damages arising from the users‘ trust in the completeness, safety, quality, accuracy and / or reliability of Findeling.

For gross negligence and intent of non-executive vicarious agents is Findeling liable only if they violate a significant contractual obligation.

Findeling is not liable for Findeling’s gratuitous services.

Dealer

Dealer

Traders are companies (sole proprietorships, partnerships, legal entities) that use the Findeling platform to display their businesses and products online.

You can also use Findeling for advertising and marketing purposes.

Contract Conclusion & Termination

The merchant agrees to the contract by submitting his payment details and clicking on the „SETTINGS DEVICE“ button on shop.findeling.de.

The said amount may be deducted immediately, or in some cases after a 14-day trial period (if this trial period is not terminated on time). 

The termination is in a few steps by logging on to the platform and click on „My subscription“ to perform. It must be completed at least 48 hours prior to the renewal of the subscription or the end of the trial period and is only valid if the dealer has received a notice of termination. Even in the case of not timely notice of termination notice of termination will be sent. In these cases, the subscription will be terminated at the earliest possible time.

Scope

These Terms of Use apply to all services offered by Findeling that relate to the merchants. They form the contractual basis for all services that dealers use through Findeling

LIMITATIONS

Prohibited activities

The Customer and its Authorized Users may use the Findeling Services and any part or element thereof only to the extent, with the means and for the purposes set out in these Terms and Applicable Law.

For example, neither the customer nor a user may:

use the Findeling Services or any part or element thereof to commit an offense, violate applicable law or mislead or invite others to engage in such illegal activities;

copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Findeling Services or parts or elements thereof, or attempt to extract the source code, unless (i) it is expressly permitted under applicable law and (ii) to the extent that the Supplier is not permitted under this applicable law to exclude or restrict the foregoing rights;

to use the Findeling services, part or all of them, unless they have agreed to these terms.

Certain uses require the consent of the supplier. The customer or a user may not do this without the prior express written consent of the provider (e-mail, fax, Skype, etc.):

  1. sell, resell, rent, license, sublicense, distribute, provide, disclose, distribute, exploit or otherwise grant access or make the Findeling Services, in whole or in part, available to third parties, unless that third person is another authorized user thereof Customer;
  2. to use the Findeling Service or parts or elements thereof to any extent, by any means or for any purpose other than those for which its functionality has been created;
  3. Use the Findeling Services, or any part or element thereof, through programs that send you automatic requests, unless such a program has been provided by the Supplier.
Registration and use of Findeling Services

Registration:

  1. The use of Findeling’s services on the merchant site is only possible by registering.
  2. The customer and all users associated with an account must provide the supplier with truthful, accurate, up-to-date and complete information about the customer, the user or the account and keep it up to date.
  3. Registered merchants are obliged to keep their access data to Findeling safe and to protect it from being noticed by third parties. If it is suspected that third parties have received knowledge of access data of the dealer, he undertakes to immediately change the access data.
  4. There is no entitlement to registration. Findeling reserves the right to refuse the dealer registration without giving reasons.

Use: 

Establishment of an account

Certain Features, features, parts or elements of Findeling Services may only be used or accessed by Account Holders. The person who wants to create an account must:

  1. fill out the registration form on the website or an alternative process provided by a reseller when access to Findeling services is purchased from a reseller.
  2. Accept these Terms by clicking „Sign In“ or any other similar button.

Each customer can only have one or more accounts. If more than one person needs to use an account on behalf of the customer, the customer must name that person as a user. Each of these users is subject to the restrictions set forth in these terms.

If the customer has named users and granted them authorization, these users are deemed to be authorized to act on behalf of the customer when using the account. The supplier is not responsible and assumes no liability for verifying the validity of a user’s authorization. However, the Contractor may, at its sole discretion, require additional information or proof of eligibility of the person. If the supplier is not sure whether a user has been granted an authorization, the supplier may, in its sole discretion, prevent that user from accessing Findeling’s services.

Sign in to an account

The contractor will provide the customer with a user name and password („login credentials“) that will be used to log in to his account, unless the customer uses the single sign-on feature or any other login service , These credentials should not be shared by more than one person. If the customer has specified several users, each user will be provided with separate access data. The customer and each user are responsible for keeping all credentials associated with an account confidential. The client must inform the contractor immediately:

  • any disclosure, loss or unauthorized use of access data;
  • the departure of a user from the customer’s company;
  • a change in a user’s role in the customer’s organization;
  • a termination of the right of a user for any reason.

Termination of the account

The customer may terminate these terms at any time as provided for in the Privacy Policy. The supplier must permanently delete the account within six months after the termination takes effect.

Change plans

Each customer has the right to update or reduce a current plan at any time by selecting a new plan from the set of plans defined by the supplier. In this case, the customer’s credit card, Paypal account or direct debit system deposited with the contractor will automatically be charged a fee for the next payment interval with the tariff specified in the new plan.

A downgrade of the current plan may result in the loss of features or capacities of the account as well as the loss of customer data.

Free trial

When you register for a free trial of the Findeling service, the applicable terms of these terms and conditions apply to this free trial.

A new customer may be eligible for a free trial, unless the customer has requested the account as a result of an ongoing marketing campaign that the provider organizes in collaboration with its partners. When the free trial period has expired, the account will automatically be activated and converted into a paid service if it has not been canceled. If the customer does not pay the first fee within 2 weeks after the end of the free trial period, the provider has the right to permanently delete the account including all customer data.

In addition to the current collection of plans, the supplier may offer special discount and incentive programs (eg finder’s wages, etc.).

 

Ratings & Social Media - Mutual Consideration

Ratings, comments & co:

Only by mutual agreement of both parties (Händler & Findeling) may ratings (comments, reviews, stars) be submitted within social media (eg facebook, google my business or trustpilot). Upon request of Findeling, the dealer is obliged to remove a given rating permanently. This also applies after termination of the contract between both parties.

If the submitted rating is not removed on time, a reasonable penalty shall be imposed by Findeling and will be reviewed by the competent court in case of dispute.

Availability of Services

Findeling strives to provide high availability. Findeling also endeavors to minimize any maintenance during operating hours and to reduce it to a minimum amount of time.

Findeling is not liable for delays in performance caused by force majeure. The same applies to events that significantly hinder or make impossible performance. This includes in particular official orders, strikes, failures of the communication networks, etc. For server failures or other failures that cause the website of Findeling can not be called, Findeling assumes no liability, as far as nothing else arises from the above provisions.

Findeling also reserves the right to change the service and to discontinue it temporarily or permanently. Changes as well as the attitude of the service can happen at any time and also without announcement.

 

Liability

Findeling as a platform and marketing tool for retailers is provided in the current development and data status with all possible deficiencies. Findeling does not warrant the completeness, safety, quality, accuracy or reliability of the Findeling content. The use of Findeling is at your own risk. In particular, Findeling is not liable and / or obligated to compensate for any damages arising from the dealers‘ confidence in the completeness, safety, quality, accuracy and / or reliability of Findeling.

For gross negligence and intent of non-executive vicarious agents is Findeling liable only if they violate a significant contractual obligation. And then only up to the sum of the payments paid to Findeling by the dealer within the last 12 months, or up to € 100, whichever is higher.

Findeling is not liable for Findeling’s gratuitous services.

(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall be liable only for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

 

 

Content

Liability for the contents of retailers

The retailers are solely responsible for their content. We can not guarantee that the publication of content can be undone in any case. The risks associated with the content of the retailers and their accuracy or completeness are to be borne by the retailers. Also those risks that result from the disclosure of personal data in these contents or reveal their identity. Retailers hereby affirm that they own their content for the purposes of these Terms or have the necessary rights to use or authorize their use.

Should the contents of the retailers contain false or intentionally misleading material, violate third party rights, including infringements of any copyright, trademark, patent, trade secret, moral rights, personal rights, publication rights or other proprietary or intellectual property rights, including unlawful material, including, but not limited to, hate speech or pornography in which minors are exploited or otherwise harmed, or violate other rights or policies, the retailers may be held liable.

Furthermore, the dealer Findeling secures against any costs that result from the third party claiming a violation of their rights and seek to make Findeling liable. This includes, among other things, court costs, legal advice and legal assistance, as well as compensation for damages resulting from such breach. The trader actively supports Findeling in court and out-of-court resolutions of such third-party litigation, with Findeling responsible for setting up any judicial and extrajudicial settlements.

 

Findelings rights to use the content of retailers

We reserve the right to use the contents of the retailers. This includes, but is not limited to, publicly displaying, editing, using in advertisements and other works of art, creating, promoting, distributing and authoring works on their own websites and on-line presences. In this sense, retailers will grant Findeling irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable and usufructed rights to their content. In addition, they provide the users of the website and other media irrevocably access to this content. Traders irrevocably waive all legal claims and assertion of moral rights or copyright attribution rights to Findeling and its users. „Use“ means copying, auditioning, displaying, reproducing, distributing, modifying, translating, removing, analyzing, commercializing and creating related works of such content.

In accordance with the right of determination under § 13 (2) UrhG, the dealer confirms that he is not named as author or author in any use of its contents. This refers to any form of use made by Findeling or by Findeling authorized third parties.

 

property rights

As part of the relationship between retailers and Findeling, retailers are the owners of their content. In contrast, Findeling owns the Findeling content, including the interfaces, features, graphics, design, computer code, products, software, all user and merchant contributions and all other elements of the Website, excluding merchant content, user content and content the content of third parties. Distributors have no authority to partially or completely modify, duplicate, distribute, make any derivative works or adaptations, publicly display them, or use them in any other way, except as expressly authorized by us. Unless it is publicly, explicitly and unequivocally determined, we do not give dealers any implied or express rights. Findeling owns all rights to the website and the Findeling content.

Findeling GmbH assumes no responsibility or guarantee for the behavior of third parties, as well as that of Findeling listed dealers. Findeling GmbH is therefore not liable to the dealers for any loss or damage resulting from acts or omissions of third parties. Also, the purchase and use of Findeling’s recommended or described products offered by third parties is at your own risk and risk.

Furthermore, Findeling GmbH does not guarantee the non-infringement of rights or the suitability for specific purposes with regard to the listed products and goods. Verbal and written side agreements, advice or information provided by a representative of Findeling GmbH are not a guarantee.

If the merchants are dissatisfied with Findeling or its related services or have complaints, its sole right is to stop using and accessing the Site or terminate the use and access to the Site.

The Findeling GmbH is not liable for indirect, incidental, punitive, legitimate, consequential, profit, business interruption, reputational and informational or data loss. Furthermore, there is no entitlement to special and additional damage claims to Findeling GmbH.

 

Newsletter

By clicking on the activation link sent by us and confirming these terms and conditions (double-opt-in), the dealer accepts that he receives recommendations from manufacturers by e-mail at regular intervals.