General
The Findeling GmbH, hereinafter referred to as "Findeling", operates an information platform (web-based service as a web app and mobile app) for local retailers, on which companies (sole proprietorships, partnerships, legal entities), hereinafter referred to as "retailers," can present themselves. The presentation includes the products and brands they offer, business data (opening hours and contact details), as well as offers and other business-relevant content. Consumers/customers, hereinafter referred to as "users," can locate these using local searches based on keywords and search terms. Users also have the option of subscribing to stores and thus being informed about offers and news from their favorite offline retailers. For users, the platform Findeling provided free of charge.
Findeling is operated by:
Business address:
Findeling GmbH
Europaplatz 1
88131 Lindau (Lake Constance)
Managing Director:
Oliver Bock
Contact:
E-mail: support@findeling.deHRB 135293 | VAT ID: DE298890587
Findeling - Local Communication.
For each 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) 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, the Guidelines (as defined below) and all future modifications thereto, as well as the procedures published from time to time on the Platform or made available to you on or through the FindelingServices (collectively, the "Terms") are offered without modification (except for Special Terms (as defined below)). If these Terms are accepted by you (as defined below), they form a legally binding contract between you and the Supplier (as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the company for which you work, you represent that you have the legal authority to bind that entity.
PLEASE READ THESE POLICIES CAREFULLY. By registering, accessing, browsing, and/or otherwise using the Findling Service, you agree that you have read, understood, and agree to be bound by these Policies. If you do not agree to these Policies, do not browse or use the Platform or the Findling Service.
Authorization
Authorization to conclude these terms and conditions with the supplier
The use of the Findeling Services imply acceptance of these Terms. To accept these Terms for themselves or on behalf of a customer, a person must have the 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 duly incorporated and in good standing.
The conditions are accepted as soon as one of the following conditions occurs first:
- the person has received confirmation of the account creation and the necessary access data from the supplier to log into his/her 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, without the prior written consent of the supplier, access the Findeling 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 competitive purposes.
Once accepted, these Terms will remain in effect until terminated, as provided.
Fees and payments
Using an account is subject to a fee. When signing up for an account, the customer must select a plan. Different plans have different rates. The respective fee is charged in advance on monthly or annual payment intervals, unless otherwise agreed between the parties.
All fees are non-refundable, d.hThere will be no refunds or credits for any period during which the customer has not used, partially used, or not used an activated account, has deactivated the account, or has terminated these Terms during an ongoing payment period.
All fees are exclusive of any taxes, duties, or fees applicable under applicable law, unless otherwise stated herein. The customer is solely responsible for paying any such taxes, duties, or fees.
PAYMENT
The following provisions apply only if you have access to the Findeling Services directly from the supplier. If you have access to the Findeling If you purchase services through a reseller, the payment terms are set out in the agreement with your reseller.
1. Authorization of the payment card
The supplier may, before purchasing Findeling Services, you may request pre-authorization of the Customer's payment card account 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 further authorize the Supplier to debit this card account for all amounts described in these Terms. You agree to provide the Supplier, upon request from the Supplier, with updated information regarding your payment card account if the previously provided information is no longer valid.
2. Direct debit payments
In some markets, the supplier may, if the customer so requests, require the customer to provide a direct debit authorization to enable direct debit payments. In these cases, the supplier must comply with all applicable national regulations and rules regarding 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 service. Default interest consists of a so-called base interest rate and a surcharge. Since July 29, 2014, the default interest rate has been 9 percentage points higher than the base interest rate. When calculating the penalty for late payment, one year is considered to be 365 calendar days.
Duty to mitigate damages
Please contact us before issuing warnings!
If you believe that we are infringing or infringing your rights or trademark protection in any way, we ask you to first contact the management (s.o.) to contact you without issuing an invoice.
Your complaints will be reviewed and resolved immediately, so there's no need to involve a lawyer.
Legal fees will not be reimbursed, as our declaration eliminates the need for legal protection – Section 8 Paragraph 4 of the Unfair Competition Act (UWG). We refer to the obligation 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 on which contractual partners can publish contributions (“news”) in the form of texts and images for advertising purposes. This can be done after registration and login via www.findeling.de or via the mobile app “FindelShop”. Findeling Contractual partners have the opportunity to access their data or profile at any time and to edit content at any time. Deleting basic content (profile picture, address, etc.) may lead to a temporary blocking of the account for the sake of completeness.
The over Findeling available information on transactions (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 provided by Findeling not verified. Dealers who are contractual partners of Findeling are, represent Findeling the information via email for manual upload. Furthermore, Findeling before, also content (z.B. websites and online shops) of contractual partners for information on goods and to integrate this into its service.
Findeling always endeavours to provide the user with current and correct dealer data, but does not guarantee that the information provided via Findeling available dealer data is correct and complete. Findeling is not responsible for the current availability of a product sought, d.h. should a product not be available in a physical store or the store's merchant details differ from those on the platform (www.findeling.de) may differ from the data shown. All Findeling The information provided is to be understood as non-binding recommendations and assistance.
Findeling reserves the right to refuse to register a business without giving reasons.
Place of jurisdiction and applicable law
The law of the Federal Republic of Germany applies exclusively. For disputes with users who are not legal entities under public law or special funds under public law, the place of jurisdiction is 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 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 is the registered office of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally invalid.The invalid provisions, where applicable, shall be replaced by the statutory provisions. However, to the extent that 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 or remove parts of the Terms at any time by posting such changes on or through the Platform or the Findeling Services. Please check these terms regularly for changes.
(5) Your continued use of the Findeling Services after the posting of such changes as described above will constitute your binding acceptance of those changes. These amended Terms will automatically take effect upon the earlier of (i) your continued use of the FindelingServices or (ii) 30 days after such amended Terms are posted on or through the Platform.
(6) Notwithstanding the foregoing, the resolution of any dispute arising between you and the Supplier shall be governed by the terms and conditions in force at the time such dispute arose.
(7) Should individual provisions of this Agreement be or become invalid or void, this shall not affect the validity of the remaining provisions of this Agreement.
User Terms and Conditions
Users
Users are people who use the platform Findeling use free of charge, d.h. search for products or subscribe to stores. These are clearly distinguishable from retailers, who can maintain a store profile. Users, on the other hand, can create a user profile on which they can display individually subscribed stores and maintain and edit personal data (username, profile picture, etc.).
Scope
These Terms of Use apply to all Findeling offered services that relate to users. They form the contractual basis for all services that users of Findeling claim.
The services offered to users are free of charge.
registration
The use of Findeling is generally possible without registration. The full range of services of Findeling However, it is only available to users who have registered with Findeling registered with their user data.
Users who are interested in Findeling Those wishing to register must be at least 15 years old. Registration on the user side is permitted only for non-commercial purposes.
By registering, the user undertakes to provide his user data truthfully and to keep it up to date even after registration.
Registered users are obliged to provide their access data to Findeling to keep it safe and protect it from third-party access. If there is any suspicion that third parties have obtained knowledge of the user's access data, the user undertakes to change the access data immediately.
There is no right to registration. Findeling reserves the right to refuse user registration without giving reasons.
Rights of use
The user receives a simple, worldwide, non-sublicensable, non-transferable, revocable license to the Findeling-App (web and mobile) and the associated content exclusively for private, non-commercial use. Any use beyond this is not permitted, in particular the user may not Findeling-App and its contents may not be copied, modified, reverse engineered, decompiled, distributed, or made publicly available.
Availability of services
Findeling strives to provide high availability. Findeling shall also endeavour to keep any maintenance work during operating hours to a minimum 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 performance impossible. This includes, in particular, official orders, strikes, communication network failures, etc. For server failures or other failures that result in the website of Findeling cannot be called, takes over Findeling no liability unless otherwise stated in the above provisions.
Findeling reserves the right to modify or temporarily or permanently discontinue the Service. Modifications or discontinuance of the Service may occur at any time and without notice.
Liability
The free app and the free content available from Findeling are provided in the current development and data status with all possible defects. Findeling assumes no liability for the completeness, security, quality, accuracy or reliability of the free Findeling-App and the Findeling-Content. The use of Findeling is at your own risk. In particular, Findeling shall not be liable and/or obliged to compensate for damages if such damages arise from the trust of the users in the completeness, safety, quality, accuracy and/or reliability of Findeling arises.
For gross negligence and intent of non-managerial vicarious agents, Findeling only if they breach an essential contractual obligation.
For free services from Findeling is 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 will be processed and stored exclusively on internal systems. The data will be analyzed anonymously and shared with third parties only for the purpose of fulfilling the contract, if necessary and with the user's consent.
According to Art. 17 GDPR, the user can request at any time that his Findeling stored personal data will be deleted. If he exercises this right against Findeling If a violation of these terms is asserted, Findelinf will – unless legally required to retain the data – delete the user account entirely and notify the user of this. A subsequent restoration of the user account after deletion is not possible.
Dealer Terms and Conditions
dealer
Traders are companies (sole proprietorships, partnerships, legal entities) that use the platform Findeling to present their businesses and products online.
You can also Findeling for advertising and marketing purposes.
Conclusion of contract & termination
By submitting his payment details and clicking on the “COMPLETE SETUP” button, the merchant agrees to shop.findeling.de to 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 completed in just a few steps by logging into the platform and clicking on "My Subscription." This must be completed no later than 48 hours before the subscription renewal or the end of the trial period and is only valid if the retailer has received a cancellation confirmation. A cancellation confirmation will be sent even if cancellations are not received within the deadline. In these cases, the subscription will be canceled at the earliest possible date.
Scope
These Terms of Use apply to all Findeling offered services that relate to the dealers. They form the contractual basis for all services that dealers provide through Findeling claim
RESTRICTIONS
Prohibited activities
The customer and its authorized users may Findeling Use the Services and any parts or elements 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:
the Findeling Use the Services or any part or element thereof to commit a criminal offense, violate any applicable law, or entice or invite others to commit such illegal acts;
copy, duplicate, distribute, modify, adapt, hack, create derivative works that Findeling-Reverse engineer or decompile the Services or any part or element thereof, or attempt to extract the source code, unless (i) expressly permitted by applicable law, and (ii) to the extent that the Supplier is not permitted under such applicable law to exclude or limit the foregoing rights;
the Findeling Services, any part or element thereof, unless they have agreed to these Terms.
Certain uses require the consent of the supplier. The customer or any user may not do so without the prior express written consent of the supplier (email, fax, Skype, etc.):
1. sell, resell, rent, license, sublicense, distribute, make available, disclose, disseminate, exploit or otherwise provide access to or Findeling-Make the Services available, in whole or in part, to third parties, unless that third party is another authorized user of the same Customer;
2. the Findeling Use the Service or any part or element thereof to an extent, by any means, or for any purpose other than that for which its functionality was created;
3. the FindelingServices or any part or element thereof through programs that send you automatic requests, unless such a program has been made available by the Supplier.
Registration and use of the Findeling Services
Registration:
The use of the services of Findeling on the dealer side is only possible through registration.
The Customer and all Users associated with an Account must provide the Supplier with true, accurate, current and complete information about the Customer, the Users or the Account and keep such information up to date.
Registered dealers are obliged to provide their access data to Findeling to keep them safe and protect them from being accessed by third parties. If there is any suspicion that third parties have obtained access to the merchant's login details, the merchant undertakes to change the login details immediately.
There is no right 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 may 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. accept these Terms by clicking “Sign Up” or another 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 such User is subject to the restrictions set forth in these Terms.
If the Customer has designated 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, request additional information or proof of the person's authorization. If the Supplier is unsure whether authorization has been granted to a user, the Supplier may, at its sole discretion, prevent that user from accessing the services of Findeling accesses.
Signing in to an account
The Contractor will provide the Customer with a username and password ("Login Credentials"), which will be used to log in to their account, unless the Customer uses the single sign-on feature or another service to log in. These login credentials may not be used by multiple individuals. If the Customer has specified multiple users, separate login credentials will be provided to each user. The Customer and each user are responsible for keeping all login credentials associated with an account confidential. The Client must immediately inform the Contractor:
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;
termination of a user's rights for any reason.
Termination of the account
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 effective date of termination.
Change plans
Each customer has the right to upgrade or downgrade a current plan at any time by selecting a new plan from the collection of plans provided 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 a fee for the next payment interval at the rate specified in the new plan.
Downgrading your current plan may result in the loss of account features or capabilities, as well as loss of customer data.
Free trial
If you sign up for a free trial of the Findeling Service, the applicable provisions of these Terms will apply to that 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 first fee within two weeks of the end of the free trial period, 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. finder's fees, etc.).
Reviews && Social Media – Mutual Consideration
Reviews, comments & co:
Only with the mutual consent of both parties (dealer & Findeling) ratings (comments, reviews, stars) may be posted within social media (z.B. facebook, Google my Business or Trustpilot). Upon request from Findeling The retailer is obligated to permanently remove any submitted review. This also applies after the contract between both parties has ended.
If the submitted review is not removed within the deadline, an appropriate fee of Findeling Imposed penalty which will be reviewed by the competent court in the event of a dispute.
Availability of services
Findeling strives to provide high availability. Findeling shall also endeavour to keep any maintenance work during operating hours to a minimum 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 performance impossible. This includes, in particular, official orders, strikes, communication network failures, etc. For server failures or other failures that result in the website of Findeling cannot be called, takes over Findeling no liability unless otherwise stated in the above provisions.
Findeling reserves the right to modify or temporarily or permanently discontinue the Service. Modifications or discontinuance of the Service may occur at any time and without notice.
Liability
Findeling as a platform and marketing tool for retailers is provided in the current development and data state with all possible defects. Findeling assumes no liability for the completeness, security, quality, accuracy or reliability of the Findeling-Content. The use of Findeling is at your own risk. In particular, Findeling shall not be liable and/or obliged to compensate for damages if such damages arise from the dealers’ trust in the completeness, safety, quality, accuracy and/or reliability of Findeling arises.
For gross negligence and intent of non-managerial vicarious agents, Findeling only if they breach a material contractual obligation. And then only up to the amount of the payments made by the dealer within the last 12 months to Findeling paid or up to 100€, whichever is higher.
For free services from Findeling is liable Findeling not.
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as 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 damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit 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.
Contents
Liability for retailers' content
Retailers are solely responsible for their content. We cannot guarantee that the publication of content can be reversed in every case. The risks associated with retailers' content and its accuracy or completeness are borne by the retailers, including risks arising from the disclosure of personal information or identity in such content. Retailers hereby represent that they are the owners of their content within the meaning of these Terms and Conditions or that they have the necessary rights to use or authorize the use of such content.
If Retailers' Content contains false or intentionally misleading material, violates the rights of third parties, including infringements of any copyright, trademark, patent, trade secret, moral rights, privacy rights, publicity rights, or other proprietary or intellectual property rights, contains unlawful material, including illegal statements, hate speech, or pornography, exploits or otherwise harms minors, or violates other laws or policies, Retailers may be held liable.
Furthermore, the dealer ensures Findeling against any costs arising from third parties claiming infringement of their rights and attempting Findeling This includes, but is not limited to, court costs, legal advice and counsel costs, as well as damages resulting from this violation. The dealer supports Findeling actively in the judicial and out-of-court resolution of such legal disputes with third parties, whereby the design of any judicial and out-of-court settlements Findeling is responsible.
Findelings Rights to use the retailers' content
We reserve the right to use the Retailers' Content, including, but not limited to, publicly displaying it, adapting it, using it in advertisements and other works, creating derivative works from it, promoting it, distributing it, and authorizing others to do the same on their own websites and online presences. To this end, the Retailers grant Findeling irrevocably, perpetual, non-exclusive, royalty-free, sublicensable, transferable, and unrestricted rights to use 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 based on moral rights or rights of attribution against Findeling and its users. "Use" here includes copying, public performance and display, reproduction, distribution, modification, translation, removal, analysis, commercialization, and creation of derivative works from this content.
According to the right of determination under Section 13 Paragraph 2 of the German Copyright Act (UrhG), the dealer confirms that he will not be named as the author or creator in any use of his content. This applies to any form of use by Findeling or from Findeling authorized third party.
Property rights
As part of the relationship between retailers and Findeling retailers are the owners of their content. Findeling however, is the owner of the Findeling-Content, including but not limited to 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 of, publicly display, or otherwise exploit any Content, in whole or in part, unless expressly authorized by us. Unless publicly, explicitly, and unambiguously stated, we grant no implied or express rights to the Merchants. Findeling owns all rights to the website and the Findeling-content.
The Findeling GmbH assumes no responsibility or guarantee for the conduct of third parties, as well as that of Findeling listed dealers. The Findeling GmbH is therefore not liable to the dealers for any loss or damage resulting from the actions or omissions of third parties. The purchase and use of the products on Findeling recommended or described products offered by third parties is at your own risk.
The Findeling GmbH also makes no warranty regarding non-infringement of rights or suitability for specific purposes with regard to the listed products and goods. Any oral or written agreements, advice or information given by a representative of Findeling GmbH do not constitute a guarantee.
Should the dealers Findeling or the related services, your sole remedy is to discontinue use of and access to the Site or to terminate your use of and access to the Site.
The Findeling GmbH is not liable for indirect, incidental, punitive, breach of trust, consequential, lost profits, business interruption, loss of reputation, or loss of information or data. Furthermore, no special or additional claim for damages is made against Findeling GmbH.
Newsletter
By clicking on the activation link we send and confirming these terms and conditions (double opt-in), the retailer accepts that he will receive recommendations from manufacturers via email at regular intervals.
