I. Scope of application
The operator of this website is REVIERWELT MEDIA GmbH (REVIERWELT MEDIA). These General Terms and Conditions of Service (GTCS) apply to all business relationships between REVIERWELT MEDIA and the user of the websites (consumer or entrepreneur) in the version valid at the time of commencement of use (registration, login, placement of advertisements or other use). GTC or other terms and conditions of the user that deviate from these GTC shall only apply insofar as REVIERWELT MEDIA has agreed to them in writing.
A consumer is anyone who is not an entrepreneur. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 (1) BGB). If the entrepreneur is not acting in the exercise of his commercial or self-employed activity, he shall also benefit from the rights intended for consumers and shall be deemed to be a consumer within the meaning of these ALB.
II Data protection
The use of personal data is subject to special regulations. Please click hereto view the data protection regulations.
III. Use of the website content and rights
1. subject to availability
The information and services available on these web pages are provided by REVIERWELT MEDIA subject to reservation, in particular subject to their availability and/or the user’s compliance with the provisions of these GTC.
2. copyright protection of websites
The contents of the websites are protected by copyright to the extent permitted by law. Unless otherwise stipulated by law in individual cases, any use (e.g. reproduction, distribution and/or making available to the public) of the protected content is only permitted with the prior written consent of REVIERWELT MEDIA. Even in the case of this consent, the protected content may only be used with reference to the source. Any use of the content by the user for direct or indirect commercial purposes requires special prior written consent from REVIERWELT MEDIA.
Links to copyright-protected content on the REVIERWELT MEDIA websites are only permitted if the links lead directly to the REVIERWELT MEDIA websites or if access blocks are not circumvented. The link must also be recognizable to third parties.
3. copyrights to content transmitted by the user
The copyright for the copyrighted content transmitted by the user shall remain with the respective author. However, by transmitting (e.g. uploading and/or sending by e-mail) this content, the user grants REVIERWELT MEDIA the simple right to use this content in physical and non-physical form for all types of use, without restriction in terms of territory, time or content. This granting of rights includes in particular the right, linked to the purpose of publication by REVIERWELT MEDIA, to edit the content, reproduce it, distribute it or reproduce it publicly on the Internet on the websites of REVIERWELT MEDIA, in each case including use for advertising purposes for publication by REVIERWELT MEDIA (right to edit, reproduce and distribute as well as the right to make it publicly accessible).
IV. Registration
1. user information
Registration is required for some areas of the website. The use of these closed areas requires the user to be of legal age, to register and to provide truthful and complete personal details. The user is also obliged to notify us of any subsequent changes to personal details the next time they visit the respective websites.
2. verification of user details and access blocking
REVIERWELT MEDIA reserves the right to check the user’s personal details to the extent permitted by law. In addition, REVIERWELT MEDIA reserves the right to block access to the restricted areas at any time. Access will be blocked in particular if the user has provided false personal information during registration or has otherwise violated these ALB.
V. Conclusion of a contract, use of message/data services and duration of the contract
1st contract partner
If a contract is concluded, the contract is concluded with REVIERWELT MEDIA. Further details about REVIERWELT MEDIA can be found here.
2. conclusion of contract
The description of services by REVIERWELT MEDIA does not constitute a legally binding contractual offer by REVIERWELT MEDIA, but is merely a non-binding invitation to the user to make use of services.
The contract is concluded in the following steps:
(a) By setting up a password-protected account via the registration function offered on the website, the user submits an offer to conclude a contract.
(b) After completion of the registration process, a contract for the provision of the contractual services shall be concluded between REVIERWELT MEDIA and the User by sending an e-mail confirming the registration to the e-mail address provided by the User.
REVIERWELT MEDIA shall save the text of the contract and send the user the order data together with the ALB by e-mail. The user can also view the ALB at any time on the REVIERWELT MEDIA website.
3. use of messaging and data services
Before using paid messaging/data services, the user must top up their territory-related user account with credit. The credit will not be refunded.
The user is enabled to use the data sending and receiving system within the scope of the technical possibilities and availability available at the time. REVIERWELT Under no circumstances shall MEDIA be liable for the successful receipt or delivery of data or text messages. REVIERWELT MEDIA assumes responsibility for the provision of the website and data communication channels for the user using the data sending/receiving system which REVIERWELT MEDIA can access directly and without the intervention of third parties (Revierwelt system) to the extent and in the communication format agreed in each case (namely data, SMS, e-mail and voice) and subject to availability, the Revierwelt system and the account for entering text messages and/or the temporary storage of text messages and data for sending to the mobile phone number specified by the user as the destination address and/or reasonable services with the aim of transmitting data, text or voice messages to the communication interface, call/mobile phone numbers, e-mail address specified by the user. Under no circumstances does REVIERWELT owe the successful transmission or receipt of the data, text/voice message to be forwarded, but only the provision of the REVIERWELT system and the initiation of one or more message/data transmission attempts. In particular, the user is aware that even if these services are provided in accordance with the contract, the data/messages to be forwarded may be delayed or lost, especially if they cannot be delivered or for other reasons which lie outside the Revierwelt system (e.g. capacity limitations or the unavailability of the target mobile network or other network and other service providers via which the delivery and distribution of the data, text/voice message takes place). In particular, REVIERWELT MEDIA is not responsible for the telecommunication services required for the data transport between the transfer point to the Internet through the REVIERWELT system and the receiving device of the target number.
4. term of the contract and termination
The contract is concluded for a period of twelve (12) months (term). It shall be extended by a further twelve months in each case unless the user terminates the contract in text form (letter, fax or e-mail) with one month’s notice to the end of the respective term.
The right to terminate for good cause remains unaffected. Good cause shall be deemed to exist, for example, if REVIERWELT MEDIA ceases to operate the websites.
VI Prices, payment, due date
1st prizes
The prices for each service provided by REVIERWELT MEDIA shall be calculated on the basis of the price list published on the REVIERWELT MEDIA website. The price published at the time the service is used shall be decisive.
The prices are subject to change (Section X).
The prices quoted always include the respective statutory VAT and other price components.
2. payment, due date
Billing takes place after use of the respective service by automatic debiting of the individual price from the territory-related user account topped up with a credit balance in the user’s territory administration.
The data/message service is only available with a positively charged user account. The user can view and check the account. The credit loaded onto the user account will not be refunded.
3. exclusion of complaints
Complaints are only admissible within a period of one month after the individual price complained about has been debited.
4. special regulations for users as entrepreneurs
During the period of default, the entrepreneur shall owe REVIERWELT MEDIA interest of 8 percent above the respective base interest rate on the respective monetary debt. The right to provide evidence of higher default interest damages remains reserved. The entrepreneur shall only be entitled to offset if his counterclaims are undisputed or have been legally established.
VII. Right of withdrawal for users as consumers
Cancellation policy
Right of withdrawal
You can revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to:
REVIERWELT MEDIA GMBH
Managing Director: Alexander Vinnai
Pestalozzistrasse 41
35606 Solms
support@revierwelt.de
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the performance received and benefits (e.g. benefits of use) or only partially or only in a deteriorated condition, you must compensate us for the value. This may mean that you must nevertheless fulfill the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of revocation and for us when we receive it.
Special notes
Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of the withdrawal policy.
VIII. Liability of REVIERWELT MEDIA
The liability of REVIERWELT MEDIA is excluded in the case of slightly negligent breaches of duty, provided that these breaches of duty do not affect essential contractual obligations or life, health or body or claims under the Product Liability Act. This also applies accordingly to breaches of duty by employees or vicarious agents of REVIERWELT MEDIA.
In accordance with this provision, REVIERWELT MEDIA accepts no liability in particular for the content provided by users (e.g. personal and/or other data), in particular the completeness or accuracy of this content, nor any liability for disadvantages incurred by the user as a result of temporary unavailability of the website or parts thereof, loss of data or similar technical problems. Accordingly, REVIERWELT MEDIA accepts no liability in particular for system-related failures, interruptions and/or disruptions to data transmission or for failure to comply with the instructions for use applicable to the REVIERWELT MEDIA website.
IX. Liability of the user
1. liability of the user for the use of the password
The user is responsible for the confidentiality and use of his/her password. In particular, the user is obliged to store the password with particular care and to prevent third parties from gaining knowledge of the password. In the event of unauthorized use of the user’s password, the user shall indemnify REVIERWELT MEDIA against all liability unless the user has exercised due care and attention. The user is obliged to inform REVIERWELT MEDIA immediately if there is reason to believe that the password is being used without authorization.
2. liability of the user for his data
The user is responsible for the accuracy and up-to-dateness of his/her personal or company details – including the authorization to use protected professional titles. If the user provides false information or fails to update his information at reasonable intervals, the user shall indemnify REVIERWELT MEDIA against any liability with regard to his information, unless he has exercised the due care required in the course of business.
3 Liability of the user for transmitted content
By transmitting content – regardless of the content – the user guarantees and warrants that this content fully complies with the law. In particular, the user warrants and represents that he/she will not post any content on the websites that
– violate applicable law, statutory or official prohibitions or morality,
– violate the rights of third parties,
– are pornographic, offensive, threatening, harassing, vulgar, racist, otherwise discriminatory or otherwise objectionable,
– violate applicable youth protection regulations or
– are to be regarded as abuse, in particular as spam.
In particular, by transmitting content, the user warrants and guarantees that he/she can freely dispose of this content, especially to the extent of the rights granted under Section IV, vis-à-vis REVIERWELT MEDIA and that the content does not impair or infringe any third-party rights, in particular the right to his/her own image, general personal rights (e.g. right to a name), trademark rights (e.g. brand rights), other industrial property rights and/or copyrights or ancillary copyrights.
In the event that the user breaches any of the warranties set out in this clause, in particular in the event that third parties assert rights against REVIERWELT MEDIA within the meaning of the preceding paragraphs, the user shall indemnify REVIERWELT MEDIA in full, including the costs of legal defense, unless the user has exercised due diligence. The user shall support REVIERWELT MEDIA in its legal defense, in particular by providing information.
X. Reservation of changes/modifications
REVIERWELT MEDIA reserves the right to change the ALB and other conditions for the use of the websites – including the price list – as well as the individual specifications at any time. REVIERWELT MEDIA shall notify any changes to these terms and conditions by means of a notice on the websites.
The user gives his consent to the validity of the amended terms and conditions insofar as he makes use of the REVIERWELT MEDIA websites after publication of such a reference to the amendment.
With the publication of an amended version of these ALB, the previous versions lose their validity.
XI. Place of performance, applicable law and place of jurisdiction
In dealings between REVIERWELT MEDIA and the user, who is an entrepreneur, the exclusive place of performance and jurisdiction for all claims – insofar as permissible – shall be Wetzlar Local Court or Limburg Regional Court.
The law of the Federal Republic of Germany shall apply exclusively. For the consumer, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
XII Severability clause
If individual provisions of these GTC are or become invalid and/or void, the validity of the remaining provisions shall remain unaffected. Invalid and/or void provisions shall be replaced in such a way that the intended economic purpose is achieved. This applies accordingly to the filling of loopholes in the ALB.
XIII Code of Conduct
REVIERWELT MEDIA has not submitted to any code of conduct.
Status of the ALB: September 2012.
