General Terms and Conditions

(Status: 31.11.2017)
  1. General
    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 GTC 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 factually 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 period set in the notification of change, his consent to the change shall be deemed granted. The notification of the intended amendment to these GTC shall refer to the deadline and consequences of the objection or its absence.
  2. Conclusion of contract exclusively with entrepreneurs
    1. The registration of a user account and the posting and advertising of business branches, goods and / or services is permitted exclusively to entrepreneurs acting in their capacity as entrepreneurs. An entrepreneur in the sense of § 14 BGB (German Civil Code) 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 any contracts with consumers. All prices stated for the advertising of business outlets on the Site are exclusive of statutory VAT.
    2. The Operator is entitled to verify the entrepreneurial status of its contractual partners at any time. For this purpose, 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 evidence for a lack of entrepreneurship, the operator is entitled to withdraw from an already concluded contract.
  3. Services
    1. The Operator is a search service and directory provider and provides a platform under the Internet domain www.wogibtswas.de (hereinafter: "Platform") on which merchants 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 paid advertisements on the platform (cf. regarding the rates § 6 of these GTC).
    2. The service of the Operator merely provides an advertising platform. In this respect, the Operator is a portal operator within the meaning of the Telemedia Act. The Operator does not act as an intermediary or broker. No contracts are concluded with the merchants' customers or with other consumers via the platform. The Operator is not involved in any way in the contracts concluded between the Dealer and its 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.
  4. 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 represents an offer to conclude a contract with the platform operator. The acceptance of the user contract takes place through the activation of 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 allowed to register a user account. The operator reserves the right to check the entrepreneurial status of registered users at any time.
    4. If the registration is carried out by an agency commissioned by entrepreneurs to place corresponding advertisements on the Internet, the agency is the exclusive contractual partner of the Operator. A contract with the clients of the agency, however, does not come into being.
  5. Placement of advertisements
    1. When advertising a new offer on the platform, the advertiser must comprehensively and truthfully provide all mandatory information (e.g. price components incl. statutory VAT) and other data on the respective store and the goods or services offered there. In doing so, he must pay particular attention to placing the offers in accordance with the classification system practiced on the platform (in particular product categories and geographical information). In particular, the description should appear appealing and serious. Deterrent advertisements that could discourage customers from using the platform in general by jeopardizing the credit of the entire platform (e.g. pornographic or fraudulent offers) are inadmissible and can be deleted by the operator.
    2. By advertising and uploading the content, the advertiser assures that the offer fulfills the legal requirements (e.g. mandatory information) and that he has all rights to the transmitted content. The creation of offers that are not based on a real existing object (bait offers) is prohibited.
    3. If a dealer without a fixed location registers or is registered on the platform, he will not be considered in the standard search.
    4. If the advertisement is created by an agency, the agency assures that the advertisement is based on a corresponding order of the respective company owner.
    5. The operator is entitled to edit the offers on the platform, if this is necessary for their displayability in the context of certain browsers or for mobile display.
  6. Prices, Term and Termination
    1. Merchants and service providers can either book a free basic entry or a paid 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 uses the booked package to its full extent (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 payment claim of the Operator for the Package already booked shall remain unaffected; something else shall only apply if the Platform Operator has removed the advertisement(s) without factual or contractual reason.
    3. Each package booked by the customer represents an independent contract. The term of a package is either one or twelve months (contract term). Termination before the end 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 shall be automatically extended by a further twelve months after expiry of its contractual term.
    5. A package with a term of one month must be terminated at least 5 days before the end of the contract term. If the package is not cancelled in time, it will be automatically extended for another month after its term expires.
  7. Duties of the registered users
    1. The user has to take care that his account is only used by himself. He has to treat his access data and the data deposited by him confidentially and to ensure that third parties do not have access to his data. If the user culpably violates this obligation, he is responsible for any resulting damage.
    2. The User is obliged to use the platform only for its intended purpose (advertising of business branches, products and services) and to observe all contractual and legal regulations when using the platform. Any use beyond the purpose of the user relationship is prohibited. In particular, the user is prohibited from
      • Advertise offers with false or misleading information;
      • to advertise offers which could violate the rights of third parties (e.g. copyrights, personal rights or trademark rights);
      • to publish offers that violate applicable law;
      • to 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;
      • tapping data from the platform for their own economic purposes.
    3. The Advertiser is obligated to keep the data provided upon registration 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 offered goods/services are no longer available or the business branch no longer exists.
    5. Violations may lead to temporary blocking and - in case of serious violations - deletion of the account.
  8. Customer ratings and customer information system
    1. The operators provide the users of the platform with a customer rating system and a customer information system. Here, the users of the platform (consumers) can rate individual stores or branches (rating system) or make suggestions for goods and mark goods that exist / existed or no longer existed in the stores (customer information system). By registering, the registered merchants 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 liable for it only within the scope of its legal portal operator liability.
  9. 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 royalty-free, simple right of use to the posted content that is unrestricted 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 as well as to use and reproduce them for advertising purposes within and outside the platform. The Operator is also entitled to use the content posted by Merchants in full, in part and edited or unedited within the scope of the offers of other Merchants (e.g. for the description of similar products or product categories) or to allow other Merchants registered on the Platform to use this content within their offers on the Platform. These rights shall continue to exist even if the Advertiser has removed the relevant offers from the Platform, terminates the contract with the Operator and/or withdraws from the Platform.
    2. The Operator shall ensure that it is entitled 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 he is entitled 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 agrees to the use of the works in the manner specified in the contract.
  10. Liability, warranty and indemnification
    1. The Operator shall be liable to the Advertiser for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses for any legal reason without limitation in the event of intent or gross negligence, 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 an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with this clause. Material contractual obligations are obligations which the contract imposes on the operators 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 compliance with which the contractual partner may regularly rely on.
    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 in every respect for the content of individual offers. The operator does not check the offers for correctness, topicality and/or for possible violations of the law. The Operator is liable to third parties only within the scope of its legal portal operator liability. The advertiser indemnifies the operator from any claims of third parties - including the costs for legal defense in their legal amount - which are asserted against the operator due to illegal actions of the advertiser. This applies in particular in the case of use without the necessary permission from the rights holder.
    5. The operator does not guarantee the constant availability and accessibility of the portal.
  11. Data protection
    1. The operator treats personal data of the advertisers confidentially and according to the legal data protection regulations. Data will not be passed on without the express consent of the advertiser or only within the framework of the necessary processing of the contract. Further details can be found in the operator's data protection declaration
    2. .
  12. Severability clause
    1. Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions of the GTC shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
  13. 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 is established for the dispute. This also applies if the customer is not domiciled within the European Union.

© 2024, Wogibtswas / Locabee. All brand names and trademarks are the property of their respective owners. All information without guarantee. Status 28.05.2024 03:56:33


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