General Terms and Conditions

(Status: 31.11.2017)

General information
1. These General Terms and Conditions (GTC) apply to all contracts concluded between Lakegroup GmbH & Co. KG, Alte Landstraße 7, 78315 Radolfzell, represented by Felix Küster and Christian Treutlein (hereinafter: "Operator") and its contractual partners (hereinafter: "Advertisers" or "Registered Users").
2. The Operator does not recognize any general terms and conditions that deviate from these General Terms and Conditions - subject to express consent.
3. The Operator is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g. changes in case law, legal situation, market conditions) and subject to a reasonable period of notice. Existing users will be notified of this by e-mail. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been given. The notification of the intended amendment to these GTC shall refer to the deadline and consequences of the objection or failure to object.
Conclusion of contract exclusively with entrepreneurs
1. The registration of a user account and the posting and advertising of business outlets, goods and/or services is only permitted to entrepreneurs acting in their capacity as entrepreneurs. An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. The operator does not conclude contracts with consumers. All prices quoted for the advertising of business outlets on the website are exclusive of statutory VAT.
2. The Operator is entitled to verify the entrepreneurial status of its contractual partners at any time. To this end, it may in particular request suitable evidence from the customer. If the customer does not comply with such a request or if the operator has indications of a lack of entrepreneurial status, the operator is entitled to withdraw from a contract that has already been concluded.
Services

The Operator is a search service and directory provider and provides a platform under the Internet domain www.wogibtswas.de (hereinafter: "Platform") on which traders and service providers or agencies (hereinafter: "Advertisers") can advertise a company or individual business branches and the goods or services offered there. For this purpose, the Advertiser can place free and fee-based advertisements on the platform (see § 6 of these GTC for the tariffs).
The operator's service merely provides an advertising platform. In this respect, the Operator is a portal operator within the meaning of the German Telemedia Act. The operator does not act as an intermediary or broker. No contracts are concluded with the customers of the dealers or with other consumers via the platform. The operator is not involved in any way in the contracts that are concluded between the dealer and his customer as a result of advertisements. Any provisions deviating from this (e.g. affiliate agreements) must be agreed separately with the operator; there is no entitlement to the conclusion of such an agreement.

Registration and conclusion of contract
1. In order to advertise a company, a business branch, goods or services on the platform, a user account must be created on the platform (conclusion of contract). For this purpose, the data requested in the registration mask must be entered truthfully and completely. This registration merely constitutes an offer to conclude a contract with the platform operator. Acceptance of the user contract takes place by activating the user account.
2. A user account may be created by the owner of the company to be advertised or by an agency commissioned by entrepreneurs.
3. Consumers are not permitted to register a user account. The operator reserves the right to check the entrepreneurial status of registered users at any time.
4. If registration is carried out by an agency that has been commissioned by entrepreneurs to place corresponding advertisements on the Internet, the agency is the exclusive contractual partner of the operator. However, no contract is concluded with the agency's clients.
Placement of advertisements
1. When placing a new offer on the platform, the advertiser must provide all mandatory information (e.g. price components including statutory VAT) and other data on the respective store and the goods or services offered there comprehensively and truthfully. In doing so, he must above all ensure that the offers are placed in accordance with the classification system practiced on the platform (in particular product categories and geographical information). In particular, the description should be appealing and reputable. Offensive advertisements that could deter customers from using the platform in general by jeopardizing the credit of the entire platform (e.g. pornographic or fraudulent offers) are not permitted and may be deleted by the operator.
2. By advertising and uploading content, the advertiser assures that the offer fulfills the legal requirements (e.g. mandatory information) and that he has all rights to the submitted content. The creation of offers that are not based on a real existing object (bait offers) is prohibited.
3. If a trader registers or is registered on the platform without a fixed location, they will not be included in the standard search.
4. If the advertisement is created by an agency, the agency guarantees that the advertisement is based on a corresponding order from the respective company owner.
5. The operator is entitled to edit the offers on the platform if this is necessary for their displayability in certain browsers or for mobile display.
Prices, term and termination
1. Traders and service providers can either book a free basic entry or a fee-based package with extended functions and services. The details can be found in the price and service table.
2. The package price is independent of whether the advertiser makes full use of the booked package (e.g. maximum number of possible products, etc.). If one, several or all of the advertiser's advertisements are removed from the platform - for whatever reason - the operator's claim to payment for the package already booked remains unaffected by this; something else only applies if the platform operator has removed the advertisement(s) without a factual or contractual reason.
3. Each package booked by the customer constitutes a separate contract. The term of a package is either one or twelve months (contract term). Termination before expiry of the agreed term is excluded. The right to extraordinary termination remains unaffected by this.
4. A package with a term of twelve months must be terminated at least one month before the end of the contract term. If the package is not terminated in good time, it will be automatically extended for a further twelve months after the end of its contract term.
5. A package with a term of one month must be canceled at least 5 days before the end of the contract term. If the package is not canceled in good time, it will be automatically extended by a further month at the end of its term.
Obligations of registered users
1. Users must ensure that their account is only used by themselves. They must treat their access data and the data stored by them confidentially and ensure that third parties do not have access to their data. If the user culpably breaches this obligation, he/she shall be liable for any resulting damages.
2. The user is obliged to use the platform only for its intended purpose (advertising business branches, products and services) and to comply with all contractual and statutory provisions when using the platform. Any use beyond the purpose of the user relationship is prohibited. In particular, the user is prohibited from
  - To advertise offers with false or misleading information;
  - to advertise offers that could infringe the rights of third parties (e.g. copyright, personal rights or trademark rights);
  - publish offers that violate applicable law;
  - advertise immoral, obscene, pornographic or radical offers;
  - harass or threaten other persons or violate the rights of third parties;
  - send messages to other users for any purpose other than communication;
  - tap data from the platform for your own commercial purposes.
3. The advertiser is obliged to keep the data provided when registering up to date at all times and to refrain from violating these GTC and applicable law.
4. The advertiser is obliged to keep his offers up to date and to deactivate them immediately if the goods/services offered are no longer available or the business branch no longer exists.
5. Violations can lead to the temporary blocking and - in the case of serious violations - to the deletion of the account.
Customer reviews and customer information system
1. The operator provides the users of the platform with a customer rating and customer information system. Users of the platform (consumers) can rate individual stores or branches (rating system) or make suggestions for goods and mark goods that are / were available or no longer available in the stores (customer information system). By registering, registered retailers agree to be rated or described by users within the framework of these systems.
2. The operator does not check the content published by users within the customer information and rating systems and is only liable for this within the scope of its statutory portal operator liability.
Rights of use to posted content
1. By posting content on the platform (with the exception of company logos or similar protected branding), the advertiser grants the operator a free, simple right to use the posted content, unlimited in terms of space, time and content. In particular, the operator is entitled to reproduce, distribute and edit posted works, product data, product descriptions, product images or other product information or parts thereof and to use and reproduce them for advertising purposes within and outside the platform. The operator is also entitled to use the content posted by retailers in full, in part and edited or unedited as part of the offers of other retailers (e.g. to describe similar products or product categories) or to allow other retailers registered on the platform to use this content as part of their offers on the platform. These rights shall continue to exist even if the advertiser has removed the relevant offers from the platform, terminated the contract with the operator and/or withdraws from the platform.
2. The operator must ensure that it is authorized and able to transfer the aforementioned rights and that no conflicting third-party rights exist.
3. Furthermore, the advertiser grants the operator the right to use the posted content or parts thereof (also in connection with other works) to advertise the operator's services on the platform, on third-party websites, social media portals and in all other available media. The advertiser grants the platform operator all rights of use required for this purpose.
4. The advertiser assures that it is authorized to use the advertised content for the execution of this contract and that there are no third-party rights that conflict with the contractual use. If the advertiser is not himself the owner of the necessary rights to the posted content, he must ensure that the rights holder authorizes the use of the works in the manner specified in the contract.
Liability, warranty and indemnification
1. The Operator shall be liable to the Advertiser for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses on any legal grounds without limitation in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability (e.g. under the Product Liability Act).
2. If the Operator negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with this section. Essential contractual obligations are obligations which the contract imposes on the operator according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely.
3. The above liability regulations also apply with regard to the liability of the operator for its vicarious agents and legal representatives.
4. The respective advertiser is responsible for the content of individual offers in every respect. The operator does not check the offers for correctness, topicality and/or possible violations of the law. The operator is only liable to third parties within the scope of its statutory portal operator liability. The advertiser shall indemnify the operator against any claims by third parties - including the costs of legal defense in their statutory amount - that are asserted against the operator due to illegal actions by the advertiser. This applies in particular in the case of use without the necessary permissions from the rights holder.
5. The operator assumes no guarantee for the constant availability and accessibility of the portal.
Data protection
1. The operator treats the personal data of advertisers confidentially and in accordance with the statutory data protection regulations. Data will not be passed on without the express consent of the advertiser, or will only be passed on within the framework of the necessary processing of the contract. Further details can be found in the operator's privacy policy
Severability clause
1. Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of these GTC. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
Final provisions
1. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.
2. If the contracting parties are merchants, the court at our registered office in Radolfzell am Bodensee shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union.

General Terms and Conditions

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