General
The Findeling GmbH, hereinafter referred to as “FindelingThe company, referred to as "[Company Name]", operates an information platform (web-based service as a web app and mobile app) for local retailers, where businesses (sole proprietorships, partnerships, legal entities), hereinafter referred to as "retailers," can present themselves. This presentation includes their products and brands, business information (opening hours and contact details), as well as offers and other business-related content. Consumers/customers, hereinafter referred to as "users," can locate these businesses using a location-based search based on keywords and search terms. Users also have the option to subscribe to stores and thus receive information about offers and news from their favorite brick-and-mortar retailers. The platform is provided to users Findeling Provided free of charge.
Findeling is operated by:
Business address:
Findeling GmbH
Europaplatz 1
88131 Lindau (Lake Constance)
Managing Director:
Oliver Bock
Legal information:
E-mail: support@findeling.deHRB 18495 | VAT ID: DE298890587
Findeling - The Local Super App.
For each use of Findeling The following terms and conditions apply.
These General Terms and Conditions contain the terms for the use of our platform (as defined below) and services (as defined below) as well as all content, services and/or products available on the platform (collectively “Findeling Services").
The FindelingServices are provided to you subject to your acceptance of all terms and conditions contained herein and all other operating rules, policies, guidelines (as defined below) and any future amendments thereto, as well as procedures published on the platform or made available to you on or through the platform from time to time. FindelingServices (collectively, the “Terms”) may be provided without modification (except for special conditions as defined below). By accepting these Terms (as defined below), you form a legally binding contract between you and the supplier (as defined below). If you are entering into these Terms on behalf of an organization, such as your employer or the company you work for, you represent that you have the legal authority to bind that organization.
PLEASE READ THESE POLICIES CAREFULLY. BY REGISTRATION, ACCESSING, BROWSE, AND/OR OTHERWISE USING THE FINDELING SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTANDED THESE POLICIES AND THAT YOU AGREE TO THEM. IF YOU DO NOT AGREE TO THE POLICY, DO NOT BROWSE OR USE THE PLATFORM OR THE FINDELING SERVICE.
Power of attorney
Authorization to conclude these terms and conditions with the supplier
The use of the Findeling The use of these services implies acceptance of these terms and conditions. To accept these terms and conditions, either for oneself or on behalf of a customer, a person must have legal capacity to do so. In the case of an individual, 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 entity, the company must be properly established and in good standing.
The terms and conditions will be accepted as soon as one of the following conditions first occurs:
- The person has received confirmation of account creation and the necessary access data from the supplier to log into their account; or
- for the Findeling Services and parts of the website whose use does not depend on the creation of an account, from the time of access to these services.
You may not access the Findeling Access services (i) for production purposes, (ii) if you are a competitor of Findeling are, (iii) to monitor the availability, performance or functionality of the Findeling services or (iv) for other benchmarking or competition purposes.
Once accepted, these terms and conditions will remain valid until termination, as intended.
Fees and payments
Account use is subject to a fee. When registering for an account, the customer must select a plan. Different plans have different rates. The respective fee is collected in advance for monthly or annual payment intervals, unless otherwise agreed between the parties.
All fees are non-refundable. d.h. There are no refunds or credits for periods in which the customer has not used, only partially used, or not used an activated account, has deactivated the account, or has cancelled these terms during an ongoing payment interval.
All fees are exclusive of any taxes, duties, or customs charges applicable under applicable law, unless otherwise stated herein. The customer is solely responsible for the payment of any such taxes, duties, or customs charges.
PAYMENT
The following provisions apply only if you have access to the Findeling Purchase services directly from the supplier. If you need access to the Findeling When purchasing services through a reseller, the payment terms are set out in the agreement with your reseller.
1. Payment card authorization
The supplier can, before purchasing, Findeling The merchant will request pre-authorization of the customer's payment card account to ensure that the card is valid and has sufficient funds or credit to cover your purchase. You authorize this payment card account to pay the amounts described herein and additionally authorize the merchant to debit all amounts described in these terms and conditions from this card account. You agree to provide the merchant with updated information about your payment card account upon the merchant's request if the previously provided information is no longer valid.
2. Direct debit payments
In some markets, if the customer so requests, the supplier may require the customer to grant a direct debit authorization to enable payments by debit. In these cases, the supplier must comply with all applicable national regulations and rules governing direct debit payments.
3. Average costs
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 until proper performance of the contract. Default interest consists of a base interest rate and a surcharge. Since July 29, 2014, the default interest rate has been 9 percentage points above the base interest rate. For the purpose of calculating the penalty for late payment, one year is considered to be 365 calendar days.
Duty to mitigate damages
Please contact us before issuing any warnings!
Should you believe that we are infringing upon or violating your rights or trademark protection in any way, we kindly ask you to first contact the management (s.o. ) To make contact without issuing an invoice.
Your complaints will be reviewed and resolved immediately. Therefore, involving a lawyer is not necessary.
Legal fees will not be reimbursed, as our declaration eliminates the need for legal protection – Section 8 Paragraph 4 of the German Unfair Competition Act (UWG). We refer to the duty to mitigate damages stipulated in the German Civil Code (BGB) and Section 226 of the BGB.
Service description
Findeling is a web service that shows users nearby brick-and-mortar retailers based on their current location (located via the app) or a selected location, as well as a searched industry, product, and/or brand. It also offers Findeling A platform where contractual partners can publish content ("news") in the form of text and images for advertising purposes. This is possible after registration and login via www.findeling.de or via the mobile app "FindelShop". Furthermore, it offers Findeling Contractual partners have the option to access their data and profile at any time and to modify content at any time. Deleting essential content (profile picture, address, etc.) may result in the account being temporarily suspended for the purpose of ensuring completeness.
The over Findeling retrievable information on stores (hereinafter referred to as "merchant data" – z.B. Address, contact details, opening hours, products offered) come directly from the respective retailer or their website and are not updated by Findeling Not verified. Dealers who are contractual partners of Findeling are, represent Findeling The information will be made available via email for manual upload. Furthermore, [the company] reserves the right to [further action]. Findeling before, also content (z.B. to search websites and online shops) of contractual partners for information on goods and to integrate this information into its service.
Findeling strives to provide users with current and accurate dealer data, but does not guarantee that the information provided is accurate. Findeling The available dealer data is accurate and complete. Findeling is not responsible for the current availability of a requested item, d.h. Should a product not be available in a physical store, or should the store's merchant data differ from those on the platform (www.findeling.de) The data shown may differ. All data from Findeling The information provided is to be understood as non-binding recommendations and assistance.
Findeling reserves the right to refuse the registration of a business without giving reasons.
Jurisdiction and applicable law
The laws of the Federal Republic of Germany shall apply exclusively. The place of jurisdiction for disputes with users who are not legal entities under public law or special funds under public law is Kempten (Allgäu).
Severability clause
(1) Contracts between the provider and the customers shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods 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 shall be the provider's place of business.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid.Where applicable, statutory provisions shall apply in place of the invalid clauses. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.
(4) The supplier reserves the right, at its sole discretion, to change, modify, add to, or remove parts of these terms and conditions at any time by posting such changes on or through the platform or the Findeling Services published. Please check these terms regularly for changes.
(5) Your continued use of the Findeling Your continued use of the services after the publication of such changes as described above constitutes your binding acceptance of those changes. These amended terms will automatically take effect at the earlier date (i) of your continued use of the Findeling-Services or (ii) 30 days after these amended terms and conditions are published on or via the platform.
(6) Notwithstanding the foregoing, the settlement of any disputes arising between you and the supplier shall be governed by the terms and conditions in force at the time the dispute arose.
(7) Should individual provisions of this Agreement be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of this Agreement.
Terms and Conditions
users
Users are people who use the platform Findeling use free of charge d.h. Users can search for products or subscribe to stores. These are clearly distinct from retailers who maintain a store profile. Users, on the other hand, can create a user profile where individually subscribed stores are displayed and personal data (username, profile picture, etc.) can be managed and edited.
Scope
These terms of use apply to all services provided by Findeling Services offered that relate to users. They form the contractual basis for all services that users receive from Findeling claim.
The services offered to users are free of charge.
registration
The use of Findeling Generally, registration is not required. The full range of services of Findeling However, it is only available to users who are registered with Findeling have registered with their user data.
Users who are interested in Findeling To register, you must be at least 15 years old. User registration is permitted for non-commercial purposes only.
By registering, the user agrees to provide truthful user data and to keep it up-to-date even after registration.
Registered users are required to enter their login details. Findeling The user is obligated to keep their login credentials secure and protect them from unauthorized access. If there is suspicion that a third party has gained access to the user's login credentials, the user is obligated to change these credentials immediately.
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 FindelingThe app (web and mobile) and its associated content are exclusively for private, non-commercial use. Any use beyond this is prohibited; in particular, the user may not FindelingDo not copy, modify, reverse engineer, decompile, distribute or make publicly available the app and its associated content.
Availability of services
Findeling strives to provide high availability. Findeling Furthermore, efforts are made to keep any maintenance work during operating hours to a minimum and to reduce it to a minimal amount of time.
Findeling The company is not liable for delays in performance caused by force majeure. The same applies to events that significantly impede or prevent performance. These include, in particular, official orders, strikes, communication network failures, etc. The company is also not liable for server outages or other failures that result in the website being unavailable. Findeling If it cannot be accessed, it takes over. Findeling No liability is assumed unless otherwise stipulated in the above provisions.
Findeling The company also reserves the right to modify the service and to temporarily or permanently discontinue it. Changes to or discontinuation of the service may occur at any time and without prior notice.
Liability
The free app and the freely available content of Findeling are provided in their current development and data state, including any potential deficiencies. Findeling assumes no liability whatsoever for the completeness, safety, quality, accuracy, or reliability of the information provided free of charge. Findeling-app and the Findeling-Content. The use of Findeling This is done at your own risk. In particular, Findeling not liable and/or obligated to compensate for damages if such damages arise from the user's reliance on the completeness, safety, quality, accuracy and/or reliability of Findeling arises.
Liability is limited to gross negligence and intent on the part of non-managerial agents. Findeling only if they breach a material contractual obligation.
For free services from Findeling liable Findeling not.
Deletion and use of data
No data will be shared with third parties unless you have given your prior consent. The data is processed and stored exclusively on internal systems. The data is analyzed anonymously and only shared with third parties for the purpose of fulfilling the contract, provided this is necessary and the user has given their consent.
According to Article 17 of the GDPR, the user can request at any time that their data be deleted. Findeling Stored personal data will be deleted. If he exercises this right against Findeling If a complaint is made, Findelinf will delete the user account entirely – unless statutory retention obligations exist – and inform the user accordingly. Restoring the user account after deletion is not possible.
Terms and Conditions for Dealers
dealers
Merchants are businesses (sole proprietorships, partnerships, legal entities) that use the platform Findeling use it to present their businesses and products online.
You can also Findeling use for advertising and marketing purposes.
Conclusion of contract & Termination
The merchant agrees by submitting their payment details and clicking the "COMPLETE SETUP" button. shop.findeling.de the contract.
The stated amount can be debited immediately, or in some cases after a 14-day trial period (if this trial period is not terminated in due time).
Cancellation can be done in just a few steps by logging into the platform and clicking on "My Subscription". It must be done at least 48 hours before the subscription renews or the trial period ends and is only valid if the merchant has received confirmation of cancellation.Even if cancellations are not submitted within the notice period, a confirmation of cancellation will be sent. In these cases, the subscription will be cancelled at the earliest possible date.
Scope
These terms of use apply to all services provided by Findeling Services offered that relate to retailers. They form the contractual basis for all services that retailers receive through Findeling claim
RESTRICTIONS
Prohibited activities
The customer and their authorized users may Findeling Services and all parts or elements thereof may only be used to the extent, with the means and for the purposes specified in these terms and conditions and applicable law.
For example, neither the customer nor a user may:
the Findeling to use services or any part or element thereof to commit a crime, violate applicable law, or incite or invite others to carry out such illegal acts;
copy, duplicate, distribute, modify, adapt, hack, create derivative works, the Findeling-Reverse or decompile the 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 such applicable law does not permit the supplier to exclude or limit the foregoing rights;
the Findeling to use services, any part or element thereof, unless you have agreed to these terms.
Certain uses require the supplier's approval. The customer or user may not do this without the supplier's prior express written consent (email, fax, Skype, etc.).
1. to sell, resell, rent, license, sublicense, distribute, provide, disclose, disseminate, exploit or otherwise grant access to or the Findeling-make services wholly or partially accessible to third parties, unless that third party is another authorized user of the same customer;
2. the Findeling to use the service or parts or elements thereof to an extent, by means or for purposes other than those for which its functionality was created;
3. the Findeling-use 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 the Findeling Services
Registration:
The use of the services of Findeling On the dealer side, registration is required.
The customer and all users associated with an account must provide the supplier with truthful, accurate, current and complete information about the customer, the users or the account, and keep this information up to date.
Registered dealers are required to enter their login details. Findeling The access data must be kept securely and protected from unauthorized access. If there is suspicion that a third party has gained access to the merchant's login credentials, the merchant is obligated to change the login credentials immediately.
There is no entitlement to registration. Findeling reserves the right to refuse dealer registration without giving reasons.
Use:
Setting up an account
Certain features, functions, parts, or elements of the Findeling Services can only be used or accessed by account holders. The person wishing to create an account must:
1. Complete the registration form on the website or an alternative process provided by a reseller, if access to the Findeling Services are purchased from a reseller.
2.You accept these terms and conditions by clicking "Register" or a similar button.
Each customer can only have one or more accounts. If multiple people need to use an account on behalf of the customer, the customer must designate these people as users. Each of these users is subject to the restrictions set out in these terms and conditions.
If the customer has designated users and granted them authorization, these users are considered authorized to act on behalf of the customer when using the account. The supplier is not responsible for, and assumes no liability for, verifying the validity of a user's authorization. However, the supplier may, at its sole discretion, request additional information or proof of the individual's authorization. If the supplier is unsure whether a user has been granted authorization, the supplier may, at its sole discretion, prevent that user from accessing the services. Findeling accesses.
Logging into an account
The contractor will provide the client with a username and password (“login credentials”) to be used to log in to their account, unless the client uses the single sign-on feature or another login service. These login credentials may not be used by multiple people. If the client has specified multiple users, separate login credentials will be provided to each user. The client and each user are responsible for keeping all login credentials associated with an account confidential. The client must inform the contractor immediately if:
from 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 within the customer's organization;
a termination of a user's right for any reason.
Account cancellation
The customer may terminate these terms at any time as provided in the privacy policy. The supplier must permanently delete the account within six months of the termination taking effect.
Plans change
Each customer has the right to upgrade or downgrade their current plan at any time by selecting a new plan from the range of plans offered by the supplier. In this case, the customer's credit card, PayPal account, or direct debit account on file with the supplier will be automatically charged for the next payment interval at the rate specified in the new plan.
Downgrading the current plan may result in the loss of account features or capacity, as well as the loss of customer data.
Free trial
If you are interested in a free trial of the Findeling By registering for this service, you agree to the applicable provisions of these terms and conditions for this free trial.
A new customer may be entitled to a free trial, unless the customer requested the account as a result of an ongoing marketing campaign organized by the provider in cooperation with its partners. Once the free trial period has expired, the account will be automatically activated and converted to a paid account unless canceled. If the customer fails to pay the initial fee within two weeks of the free trial's end, the provider reserves 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 (z.B. offer finder's fees, etc.
Reviews & Social Media – Mutual Respect
Ratings, comments & co:
Only with the mutual consent of both parties (dealer) & Findeling) are allowed to post ratings (comments, reviews, stars) within social media (z.B. (Facebook, Google My Business, or Trustpilot). Upon request from Findeling The seller is obligated to permanently remove any submitted review. This also applies after the termination of the contract between both parties.
If the submitted review is not removed within the deadline, a reasonable penalty of Findeling A fixed penalty that is reviewed by the competent court in case of dispute.
Availability of services
Findeling strives to provide high availability. Findeling Furthermore, efforts are made to keep any maintenance work during operating hours to a minimum and to reduce it to a minimal amount of time.
Findeling The company is not liable for delays in performance caused by force majeure. The same applies to events that significantly impede or prevent performance. These include, in particular, official orders, strikes, communication network failures, etc. The company is also not liable for server outages or other failures that result in the website being unavailable. Findeling If it cannot be accessed, it takes over. Findeling No liability is assumed unless otherwise stipulated in the above provisions.
Findeling The company also reserves the right to modify the service and to temporarily or permanently discontinue it. Changes to or discontinuation of the service may occur at any time and without prior notice.
Liability
Findeling As a platform and marketing tool for retailers, it is provided in its current development and data state, including all possible deficiencies. Findeling assumes no liability whatsoever for the completeness, safety, quality, accuracy or reliability of the Findeling-Content. The use of Findeling This is done at your own risk. In particular, Findeling not liable and/or obligated to compensate for damages if such damages arise from the merchant's reliance on the completeness, safety, quality, accuracy and/or reliability of Findeling arises.
Liability is limited to gross negligence and intent on the part of non-managerial agents. Findeling only if they breach a material contractual obligation. And then only up to the sum of the payments made by the merchant within the last 12 months to Findeling were paid or until 100€, depending on which amount is higher.
For free services from Findeling liable Findeling not.
(1) The customer's claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.
(3) The limitations set out in paragraphs 1 and 2 shall also apply in favor of the provider’s legal representatives and agents if claims are brought directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
Contents
Liability for the content of retailers
Retailers are solely responsible for their content. We cannot guarantee that content can be reversed in every case. Retailers bear all risks associated with their content and its accuracy or completeness, including risks arising from the disclosure of personal data or the revealing of their identity within that content. Retailers hereby warrant that they own their content as defined in these terms and conditions or possess the necessary rights to use or authorize its use.
Should the retailers' content contain false or intentionally misleading material, infringe the rights of third parties, including infringements of any copyrights, trademarks, patents, trade secrets, moral rights, personality rights, publicity rights or other proprietary or intellectual property rights, contain unlawful material, including illegal statements, hate speech or pornography that exploits or otherwise harms minors, or violates other rights or guidelines, the retailers may be held liable.
Furthermore, the dealer assures Findeling against any costs arising from third parties claiming and attempting to infringe their rights Findeling to hold liable for this. This includes, but is not limited to, court costs, legal fees and costs of representation, as well as damages resulting from this infringement. The merchant supports Findeling actively involved in the judicial and extrajudicial resolution of such legal disputes with third parties, including the structuring of any judicial and extrajudicial settlements. Findeling is responsible.
Findelings rights to use the retailers' content
We reserve the right to use the retailers' content. This includes, but is not limited to, publicly displaying it, editing it, using it in advertisements and other works, creating derivative works, promoting it, distributing it, and authorizing others to do the same on their own websites and online presences. In this sense, the retailers grant Findeling Irrevocably, perpetually, non-exclusively, royalty-free, sublicensable, transferable, and unrestricted rights of use for their content. Furthermore, they irrevocably grant users of the website and other media access to this content. The merchants irrevocably waive all legal claims and assertions arising from moral rights or rights of attribution against the content. Findeling and its users. "Use" in this context includes copying, publicly performing and displaying, reproducing, distributing, modifying, translating, removing, analyzing, commercializing, and creating derivative works of this content.
In accordance with the right of designation under Section 13 Paragraph 2 of the German Copyright Act (UrhG), the retailer confirms that they will not be named as the author or copyright holder in any use of their content. This applies to any form of use by Findeling or from Findeling authorized third parties.
Property rights
Within the context of the relationship between retailers and Findeling The retailers are the owners of their content. Findeling However, the owner of the Findeling-Content, in particular the interfaces, functions, graphics, design, computer code, products, software, all user and merchant contributions, and all other elements of the website, excluding merchant content, user content, and third-party content. Merchants are not authorized to Findeling-To modify, reproduce, distribute, create derivative works or adaptations, publicly display, or otherwise use any content, in whole or in part, unless expressly authorized by us. Unless explicitly and unambiguously stated, we do not grant any implied or express rights to retailers. Findeling owns all rights to the website and the Findeling-Contents.
The Findeling GmbH assumes no responsibility or guarantee for the conduct of third parties, as well as that of those involved. Findeling listed dealers. Findeling GmbH is therefore not liable to retailers for losses or damages resulting from the actions or omissions of third parties. This also applies to the purchase and use of the products listed on Findeling The use of recommended or described products offered by third parties is at your own risk.
The Findeling GmbH furthermore assumes no warranty regarding the non-infringement of rights or the suitability for particular purposes with respect to the listed products and goods. Oral and written side agreements, advice, or information provided by a representative of GmbH are not binding. Findeling GmbH does not provide any guarantee.
Should the dealers with Findeling If a user is dissatisfied with the services or associated services, or has any complaints, their sole right is to cease using and accessing the site or to terminate their use and access to the site.
The Findeling The GmbH is not liable for indirect damages, incidental damages, punitive damages, reliance damages, consequential damages, loss of profits, business interruption, damage to reputation, or loss of information or data. Furthermore, no claim for special or additional damages exists against the Findeling Limited Liability Company.
Newsletter
By clicking on the activation link we send and confirming these terms and conditions (double opt-in), the merchant accepts that he will receive recommendations from manufacturers via email at regular intervals.
