Conditions
General terms and conditions
General
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 “dealers”, 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 company-relevant content. Consumers/customers, hereinafter referred to as “users”, can locate them specifically using keywords and search terms using an area search. Users also have the opportunity to subscribe to stores and thus find out about offers and news from their favorite offline retailers. The Findeling platform is available to users free of charge.
Findeling is operated by:
Findeling GmbH, Stresemannstraße 375, 22761, Hamburg, Hamburg District Court HRB 135293
Managing Director: Katharina Walter
Contact: support@findeling.de, +49 (0) 40 87407133
Website: www.findeling.de
The following terms and conditions apply to every use of Findeling.
These Terms and Conditions contain the terms and conditions governing the use of our Platform (as defined below) and Services (as defined below), as well as any content, services and/or products available on the Platform (collectively, “Finding Services”).
The Findeling Services are provided to you subject to your acceptance of all of the terms and conditions contained herein and all other operating rules, policies, the Policies (as defined below) and all future changes thereto and procedures that may be published from time to time on the Platform or available to you on or through the Findeling Services (collectively, the “Terms”) may be provided without modification (except for Special Terms (as defined below)). If these Terms are accepted by you (as defined below), they will 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 you work for, you represent that you have the legal authority to bind that entity.
PLEASE READ THE POLICIES CAREFULLY. BY REGISTERING, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE FINDING SERVICE, YOU AGREE THAT YOU HAVE BOTH READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE POLICIES. IF YOU DO NOT AGREE TO THE POLICIES, DO NOT BROWS OR USE THE PLATFORM OR THE FINDING SERVICE.
Empowerment
Authorization to enter into these terms and conditions with the supplier
The use of the Findeling service requires acceptance of these terms and conditions. To accept these Terms for yourself or on behalf of a customer, a person must have the legal capacity to do so. In the case of an individual, the individual 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 provisions occurs first:
- the person has received confirmation of account creation and the necessary credentials from the supplier to log into his/her account; or
- for the Findeling services and parts of the website, the use of which does not depend on the creation of an account, from the moment you access these services.
You may not access the Findeling Services without Supplier's prior written consent (i) for production purposes, (ii) if you are a competitor of Findeling, (iii) to monitor the availability, performance or functionality of the Findeling Services, or (iv) for other benchmarking or competitive purposes.
Once accepted, these Terms will remain in effect until terminated, as provided.
Fees and Payments
There is a fee for using an account. When signing up for an account, the customer must select a plan. Different tariffs apply to different plans. The applicable fee will be charged in advance on monthly or annual payment intervals, unless otherwise agreed between the parties.
All fees are non-refundable, meaning there are no refunds or credits for periods in which Customer has not used, partially used, or not used an activated account, deactivated the account, or terminated these Terms during a current payment interval.
All fees are exclusive of any taxes, duties or duties applicable under applicable law unless otherwise stated herein. Customer is solely responsible for paying any such taxes, duties or duties.
PAYMENT
The following provisions only apply if you purchase access to the Findeling Services directly from the Supplier. If you purchase access to the Findeling Services through a reseller, the payment terms are set forth in the agreement with your reseller.
1. Payment card authorization
The Supplier may request a pre-authorization of the Customer's payment card account prior to purchasing Findeling Services to ensure that the card is valid and has the necessary funds or credit to cover your purchase. You authorize such payment card account to pay the amounts described herein and additionally authorize Supplier to deduct from such card account all amounts described in these Terms. You agree to provide the Supplier with updated information about your payment card account upon Supplier'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 provide direct debit authorization to enable direct debit payments. In these cases, the supplier must comply with all applicable national rules and regulations for direct debit payments.
3. Average cost
In the event of late payment, the contractor can demand default interest from the client for the period from the time the payment obligation is due until the service is properly provided. Interest on late payments consists of a so-called base interest rate and a surcharge. The default interest rate has been 9 percentage points higher than the base interest rate since July 29, 2014. When calculating the late payment penalty, one year is considered to be 365 calendar days.
Duty to mitigate damages
Please contact us before warnings!
If you are of the opinion that we are in any way interfering with or violating your rights or your trademark protection, we ask you to first contact the management (see above) without issuing a bill of costs.
Your complaints will be checked and resolved immediately. It is therefore not necessary to hire a lawyer.
Legal fees will not be reimbursed because our declaration means there is no need for legal protection - Section 8 Paragraph 4 UWG. We refer to the obligation to mitigate damages prescribed in the BGB and §226 BGB.
Description of services
Findeling is a web service that shows users stationary retailers in the area based on the current location (located via the app) or a selected location as well as a searched industry, product and/or brand. Findeling also offers 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 registering and logging in via www.findeling.de or via the mobile app “FindelShop”. Findeling also offers contractual partners the opportunity to access their data or profile at any time and to change content at any time. The deletion of basic content (profile picture, address, etc.) can lead to a temporary blocking of the account for completeness.
The information about stores that can be accessed via Findeling (hereinafter “dealer data” – e.g. address, contact details, opening times, products sold) comes directly from the respective dealer or their website and is not checked by Findeling. Dealers who are contractual partners of Findeling provide Findeling with the information via email for manual upload. In addition, Findeling reserves the right to search the content (e.g. websites and online shops) of contractual partners for information about goods and to integrate this into its service.
Findeling always endeavors to provide the user with current and correct dealer data, but does not guarantee that the dealer data available via Findeling is correct and complete in terms of content. Findeling is not responsible for the current availability of a product you are looking for, i.e. if a product is not available in a store or if the store's dealer details differ from those shown on the platform (www.findeling.de). All information provided by Findeling 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. The place of jurisdiction for disputes with users who are not a legal entity under public law or a special fund under public law is Hamburg.
Severability clause
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international 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 remaining parts of the contract remain binding even if individual points are legally ineffective. The legal regulations, if available, take the place of the ineffective points. However, if this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will be ineffective.
(4) The Supplier reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms at any time by posting such changes on or through the Platform or the Findeling Services. Please check these Terms periodically for changes.
(5) Your continued use of the Findeling Services following the posting of such changes as described above constitutes your binding acceptance of such changes. These modified Terms will automatically become effective upon the earlier of (i) your continued use of the Findeling Services or (ii) 30 days after such revised Terms are posted on or through the Platform.
(6) Notwithstanding the foregoing, the resolution of any dispute that arises between you and the Supplier will be governed by the terms and conditions in effect at the time such dispute arose.
(7) Should individual provisions of this contract be or become ineffective or void, this will not affect the validity of the remaining provisions of this contract.
User Terms and Conditions
User
Users are people who use the Findeling platform free of charge, i.e. search for products or subscribe to stores on it. These must be clearly distinguished from the retailers who can maintain a store profile. Users, on the other hand, can create a user profile on which individually subscribed businesses can be displayed and personal data (user name, profile picture, etc.) can be maintained and edited.
scope
These terms of use apply to all services offered by Findeling that relate to users. They form the contractual basis for all services that Findeling users use.
The services offered to users are free of charge.
Registration
The use of Findeling is generally possible without registration. However, Findeling's full range of services is only available to users who have registered with Findeling with their user data.
Users who would like to register for Findeling must be at least 15 years old. Registration on the user side is only permitted for non-commercial purposes.
By registering, the user undertakes to provide their user data truthfully and to keep it up to date even after registration.
Registered users are obliged to keep their Findeling access data safe and to protect it from being accessed by third parties. If there is suspicion that third parties have gained knowledge of the user's access data, the user undertakes to change the access data immediately.
There is no entitlement to registration. Findeling reserves the right to reject 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 copy, modify, reverse engineer, decompile, distribute or make publicly accessible the Findeling app and the associated content.
Availability of Services
Findeling strives to provide high availability. Findeling also endeavors to keep any maintenance work during operating hours as low as possible 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 performance or make it impossible. This includes, in particular, official orders, strikes, communication network failures, etc. Findeling assumes no liability for server failures or other failures that result in Findeling's website not being able to be accessed, unless otherwise stated in the above regulations.
Findeling also reserves the right to change the service and to temporarily or permanently discontinue it. Changes and discontinuation of the service can 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 whatsoever for the completeness, security, quality, accuracy or reliability of the free Findeling app and the Findeling content. You use Findeling at your own risk. In particular, Findeling is not liable and/or obliged to compensate for damages if such damage arises from the users' trust in the completeness, safety, quality, accuracy and/or reliability of Findeling.
Findeling is only liable for gross negligence and intent on the part of non-management vicarious agents if they violate an essential contractual obligation.
Findeling is not liable for free services provided by Findeling.
Deletion and use of data
No data will be passed on to third parties unless you have given your prior consent. The data is processed and stored exclusively on internal systems. The data is analyzed exclusively anonymously and only passed on to third parties to fulfill the contract if this is necessary and the user has given his consent.
According to Art. 17 GDPR, the user can request at any time that their personal data stored by Findeling be deleted. If he asserts this right against Findeling, Findelinf will - unless there are statutory retention obligations - delete the user account altogether and inform the user of this. It is not possible to restore the user account later after deletion.
Dealer terms and conditions
Dealer
Dealers are companies (sole proprietorships, partnerships, legal entities) that use the Findeling platform to present their businesses and products online.
You may also use Findeling for advertising and marketing purposes.
Conclusion of contract & termination
The merchant agrees to the contract by submitting his payment details and clicking on the “COMPLETE SETUP” button on shop.findeling.de.
The stated amount can be deducted immediately, or in some cases after a 14-day test phase (if this test phase is not canceled 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 carried out no later than 48 hours before the extension of the subscription or the end of the test phase and is only valid if the retailer has received confirmation of cancellation. Even if termination is not made on time, a confirmation of termination will be sent. In these cases, the subscription will be canceled as soon as possible.
scope
These Terms of Use apply to all services offered by Findeling that relate to the Merchants. They form the contractual basis for all services that retailers use through Findeling
RESTRICTIONS
Prohibited activities
Customer and its Authorized Users may use the Findeling Services and any part or element thereof only to the extent, by the means and for the purposes set forth in these Terms and applicable law.
For example, neither the customer nor a user may:
use the Findeling Services or any part or element thereof to commit a criminal offense, violate any law, or induce or invite others to commit such illegal acts;
copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Findeling Services, or any part or element thereof, or attempt to extract the source code, except (i) expressly permitted by applicable law , and (ii) to the extent that Supplier is not permitted under such applicable law to exclude or limit the foregoing rights;
to use the Findeling Services, any part or element thereof, unless you have agreed to these Terms.
Certain uses require the consent of the supplier. The customer or a user may not do this without the prior express written consent of the provider (e-mail, fax, Skype, etc.):
1. Sell, resell, rent, license, sublicense, distribute, provide, disclose, disseminate, exploit or otherwise provide access or make the Findeling Services available in whole or in part to any third party, unless such third party is another authorized user thereof Customers;
2. use the Findeling Service or parts or elements thereof to an extent, with means or for purposes other than those for which its functionality was created;
3. use the Findeling Services or any part or element thereof through programs that send you automated requests, unless such program has been made available by the Supplier.
Registration and use of Findeling services
Registration:
The use of Findeling's services on the dealer side is only possible through registration.
Customer and all users associated with an account must provide Supplier with true, accurate, current and complete information about the customer, users or account and keep it updated.
Registered dealers are obliged to keep their access data to Findeling safe and to protect it from access by third parties. If there is a suspicion that third parties have gained knowledge of the retailer's access data, the retailer undertakes to change the access data immediately.
There is no entitlement to registration. Findeling reserves the right to reject the 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 is purchased from a reseller.
2. accept these terms and conditions by clicking “Login” or another similar button.
Each customer can only have one or more accounts. If multiple people need to use an account on behalf of Customer, Customer must designate those people as Users. Each such user is subject to the restrictions set forth in these Terms.
If Customer has designated Users and granted them authorization, such Users will be deemed to be authorized to act on Customer's behalf when using the Account. 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 eligibility. If Supplier is unsure whether a User has been granted permission, Supplier may, at its sole discretion, prevent that User from accessing Findeling's Services.
Logging into an account
The Contractor provides the Customer with a username and password (“login credentials”) that are used to log in to his account, unless the Customer uses the single sign-on function or another service to log in . These credentials may not be used by multiple people. If the customer has specified multiple users, each user will be provided with separate access data. Customer and each User are responsible for maintaining the confidentiality of all login information associated with an account. The client must inform the contractor immediately:
from any disclosure, loss or unauthorized use of login credentials;
the departure of a user from the customer's company;
a change in a user's role in the customer's organization;
a termination of a user's right for any reason.
Termination of the account
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.
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 specified by the supplier. In this case, the client's credit card, Paypal account or direct debit on file with the contractor will automatically be charged a fee for the next payment interval at the rate specified in the new plan.
Downgrading the current plan may result in loss of account functionality or capacity, as well as loss of customer data.
Free trial
If you register 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 has applied for the account as a result of an ongoing marketing campaign organized by the provider in collaboration with its partners. When the free trial period expires, the account will be automatically activated and converted to a paid one if it has not been canceled. If the customer does not pay the first fee within 2 weeks after the end of the free trial period, the provider has the right to permanently delete the account including all customer data.
In addition to the current collection of plans, the supplier may offer special discount and motivational programs (e.g. finder's fees, etc.).
Reviews & Social Media – Mutual consideration
Reviews, comments & co:
Ratings (comments, reviews, stars) may only be submitted on social media (e.g. Facebook, Google my Business or Trustpilot) with the mutual consent of both parties (dealer & foundling). Upon request from Findeling, the retailer is obliged to permanently remove a submitted review. This also applies after termination of the contract between both parties.
If the submitted review is not removed in a timely manner, an appropriate penalty determined by Findeling will apply, which will be reviewed by the responsible court in the event of a dispute.
Availability of Services
Findeling strives to provide high availability. Findeling also endeavors to keep any maintenance work during operating hours as low as possible 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 performance or make it impossible. This includes, in particular, official orders, strikes, communication network failures, etc. Findeling assumes no liability for server failures or other failures that result in Findeling's website not being able to be accessed, unless otherwise stated in the above regulations.
Findeling also reserves the right to change the service and to temporarily or permanently discontinue it. Changes and discontinuation of the service can occur at any time and without notice.
Liability
Findeling as a platform and marketing tool for retailers is provided in the current state of development and data with all possible defects. Findeling does not guarantee the completeness, security, quality, accuracy or reliability of the Findeling content. You use Findeling at your own risk. In particular, Findeling is not liable and/or obliged to compensate for damages if such damage arises from the dealer's trust in the completeness, safety, quality, accuracy and/or reliability of Findeling.
Findeling is only liable for gross negligence and intent on the part of non-management vicarious agents if they violate an essential contractual obligation. And then only up to the sum of the payments made to Findeling by the dealer within the last 12 months or up to €100, whichever is higher.
Findeling is not liable for free services provided by Findeling.
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on 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 objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
Content
Liability for the content of the retailers
Retailers are solely responsible for their content. We cannot guarantee that the publication of content can be revoked in every case. The risks associated with the Retailer Content and its accuracy or completeness must be borne by the Retailer. Also such risks arising from the disclosure of personal data in this content or revealing your identity. Retailers hereby represent that they own their Content within the meaning of these Terms or that they have the necessary rights to use or authorize the use of such Content.
If the Retailer Content contains material that is false or intentionally misleading, violates the rights of third parties, including violations of any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or other proprietary or intellectual property right, contains unlawful material, including illegal statements, hate speech or pornography that exploits or otherwise harms minors or violates other rights or policies, retailers may be held liable.
Furthermore, the dealer protects Findeling against any costs that arise from third parties claiming a violation of their rights and attempting to hold Findeling liable for it. This includes, among other things, court costs, costs of legal advice and legal assistance, as well as damages arising from this breach. The dealer actively supports Findeling in in-court and out-of-court solutions to such legal disputes with third parties, whereby Findeling is responsible for structuring any in-court and out-of-court settlements.
Findeling's Rights to Use 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 of it, promoting it, distributing it, and authorizing others to do the same on their own websites and online presence. In this sense, the retailers irrevocably grant Findeling perpetual, non-exclusive, royalty-free, sublicensable, transferable and unrelated usage rights for their content. In addition, they irrevocably allow users of the website and other media to access this content. The dealers irrevocably waive all legal claims and assertions based on moral rights or copyright rights against Findeling and its users. “Use” means copying, publicly playing and displaying, reproducing, distributing, modifying, translating, removing, analyzing, commercializing and creating works based on this content.
In accordance with the right of determination pursuant to Section 13 Paragraph 2 of the Copyright Act, the dealer confirms that he will not be named as the author or creator of any use of his content. This refers to any form of use by Findeling or third parties authorized by Findeling.
Property rights
As part of the relationship between Retailers and Findeling, Retailers own their Content. Findeling, on the other hand, is the owner of the Findeling content, in particular the interfaces, functions, graphics, design, computer code, products, software, all user and dealer contributions and all other elements of the website, excluding the dealer content, user content and the content of third parties. Merchants are not authorized to modify, reproduce, distribute, create derivative works or adaptations of, display publicly, or in any other way use the Findeling Content, in part or in whole, unless expressly authorized by us. Unless publicly, expressly and unambiguously stated, we do not grant any implied or express rights to Merchants. Findeling owns all rights to the website and the Findeling content.
Findeling GmbH assumes no responsibility or guarantee for the behavior of third parties or that of dealers listed on Findeling. Findeling GmbH is therefore not liable to retailers for losses or damages resulting from the actions or omissions of third parties. The purchase and use of the products recommended or described on Findeling that are offered by third parties is also at your own risk and risk.
Findeling GmbH also assumes no guarantee regarding the non-infringement of rights or the suitability for specific purposes of the listed products and goods. Oral or written additional agreements, advice or information from a representative of Findeling GmbH do not constitute a guarantee.
If Merchants are dissatisfied or have any complaints with Findeling or its related services, their sole recourse is to terminate use of and access to the Site or to terminate use of and access to the Site.
Findeling GmbH is not liable for indirect damages, incidental damages, punitive damages, loss of confidence, consequential damages, loss of profits, business interruptions, damage to reputation and loss of information or data. Furthermore, there is no right to claim special or additional damages from Findeling GmbH.
Newsletter
By clicking on the activation link we send and confirming these terms and conditions (double opt-in), the dealer accepts that he will receive recommendations from manufacturers by email at regular intervals.