General Terms and Conditions for Companies
As of 30.06.2022
As of 30.06.2022
1.1 Tuerchen.com is an offer of the
Die Schittigs GmbH
hereinafter referred to as "Die Schittigs GmbH".
Under the business name "Tuerchen.com", Die Schittigs GmbH offers digital countdown calendars for self-design.
1.2 The "Business Türchen" offer is expressly and exclusively aimed at entrepreneurs within the meaning of § 14 BGB, legal entities under public law or special funds under public law. The services are not directed at consumers within the meaning of § 13 BGB.
1.3 General terms and conditions introduced by the customer that deviate, supplement or conflict with these terms and conditions of business shall not become part of the contractual relationship; performance of a service without objection shall not constitute an agreement to the inclusion of other general terms and conditions.
2.1 Within the scope of the "Business Türchen" service, the user is entitled to design countdown calendars himself. The functionalities included upon conclusion of the agreement are shown on the website under "Prices". The user can purchase additional functionalities, e.g. more design options, more media storage, optional competitions as separate packages.
2.2 The use of the "Business Türchen" service is subject to the payment of a fee.
2.3 In order to conclude an agreement for the "Business Türchen" service, the user must click on the "Pay" button in the processing menu of the countdown calendar within the ten-day test period. This opens a pop-up window. The agreement, including these General Terms and Conditions for Companies, comes into effect by selecting the "Pay now" button, but subject to the condition precedent of payment of the fee. Thereafter, the user may select his payment method and make the payment, thereby effectively concluding the agreement.
2.4 Die Schittigs GmbH shall retain the respective countdown calendar for six months. It will then be deleted. The user shall not be entitled to use the respective countdown calendar beyond this period. Two weeks before the end of the six-month period, the user may download a ZIP archive containing images and data of the countdown calendar.
3.1 Die Schittigs GmbH shall send the client an invoice for the amount to be paid within seven days after conclusion of the agreement.
3.2 The user shall be obliged to pay the invoiced amount within seven days without deductions to the account stated in the invoice, unless payment has already been made upon conclusion of the agreement.
3.3 Offsetting with counterclaims is excluded; this does not apply to undisputed or legally established claims.
4.2 Die Schittigs GmbH will neither provide a sample for this information nor will check the contents. It is the sole responsibility of the user to ensure that the information complies with legal requirements.
4.3 Die Schittigs GmbH is entitled to block a calendar immediately if the calendar does not contain the legally required information or if it is credibly demonstrated to Die Schittigs GmbH that the information is incorrect.
4.4 Die Schittigs GmbH shall be entitled to pass the billing address known to it to third parties if they credibly demonstrate that they are entitled to a legal claim against the user due to the publication of the calendar and that the data provided in the imprint is incorrect. Before passing the address Die Schittigs GmbH will hear the user within a reasonable period of time.
5.1 The user can organize competitions within the scope of the countdown calendar in his own name and at his own expense as an additional option for an extra service fee.
5.2 In the event that a competition is held, the user is obliged to set its own conditions of participation and to ensure compliance with the statutory data protection requirements, including in the form of a data protection declaration for the competition. Within the framework of the conditions of participation, it must be expressly pointed out that Tuerchen.com or Die Schittigs GmbH is in no way responsible for the competition or the prizes offered.
5.3 Die Schittigs GmbH shall not provide any templates for the documents pursuant to clause 5.2. Die Schittigs GmbH expressly reserves the right to immediately shut down all competitions that do not fulfill the requirements according to clause 5.2 and to inform the user that the calendar will not be published again until the requirements are fulfilled.
6.1 Die Schittigs GmbH reserves the right to delete countdown calendars that contain racist, sexist, anti-Semitic, pornographic or other discriminatory content.
6.2 Furthermore, the user is only permitted to include such content in the calendar for which he/she holds any necessary rights of use under copyright law, ancillary copyright or personality rights. In case of infringement, Die Schittigs GmbH shall be entitled to delete the calendar.
6.3 Prior to deletion, the user shall be informed of the infringement and the calendar shall be blocked. If the user does not remove the illegal or infringing content or prove an authorization to use it, the countdown calendar will be deleted 5 days after a corresponding request. In this case, the customer has no claim to reimbursement of any payments made.
7.1 Die Schittigs GmbH always endeavors to keep the availability of the servers as constant as possible, but does not guarantee any specific availability. Availability depends on a variety of factors over which Die Schittigs GmbH itself has no influence. In certain cases, unannounced maintenance and servicing work may be necessary, so that Die Schittigs GmbH cannot guarantee availability of the servers at a specific time, e.g. due to updates, technical maintenance, internet connection failures, replacement of hardware, in the event of hacking, malware, critical software errors.
7.2 The countdown calendar is optimized for the browser types indicated on the website. However, it can possibly also be used on other browsers, but no technical maintenance and updating is carried out for these.
8.1 The agreement has a fixed term of six months and cannot be terminated without cause.
8.2 The user can delete or temporarily deactivate the countdown calendar at any time before the end of the six months. The deletion of the countdown calendar before the expiry of the term of the agreement does not entitle the user to a refund of payments made.
8.3 The right to extraordinary termination remains unaffected.
9.1 Die Schittigs GmbH shall be liable to the user without limitation in the event of intent or gross negligence for all damage caused by it or its legal representatives or vicarious agents.
9.2 In case of slight negligence Die Schittigs GmbH shall be liable without limitation in case of injury to life, body or health.
9.3 Apart from that, Die Schittigs GmbH shall only be liable if Die Schittigs GmbH culpably violates a cardinal obligation. Cardinal obligations are those obligations which make proper performance of the agreement possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and compliance with which the other party may regularly rely on.
9.4 In the event of liability pursuant to clause 9.3, liability shall be limited to the foreseeable, typically occurring damage.
9.5 The user is liable for the content integrated by him/her into the countdown calendar. The integration of content into the countdown calendar does not release the user from clarifying and obtaining the rights to the integrated videos, images, GIFs and texts. In particular with regard to any copyrights, such as the editing right, personal rights of the persons depicted, and any visible trademarks and logos, the user must acquire the necessary rights from third parties and assures the acquisition to Die Schittigs GmbH.
9.6 The guarantee liability pursuant to § 536a BGB is expressly excluded.
10.1 Die Schittigs GmbH reserves the right to continuously develop the functionalities of the countdown calendars. Functionalities will only be restricted if this is required for legal or technical reasons. The introduction of new functionalities that do not restrict the agreed use is permitted to Die Schittigs GmbH at any time.
10.2 In case of a restriction of functionalities according to clause 10.1, Die Schittigs GmbH shall inform the affected users about the restriction with a notice period of 4 weeks, but at the latest immediately after knowledge of the circumstances causing the restriction. In this case, the user may decide whether he/she wishes to continue using the calendar with the restriction or whether he/she wishes to terminate the publication of the calendar. In the latter case, the user shall be refunded the pro rata remuneration for the remaining term. In this case, Die Schittigs GmbH will inform the user by email about the options and consequences.
11.1 These General Terms and Conditions shall be governed by German law excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
11.2 The place of jurisdiction for all disputes arising from and in connection with this agreement shall be the competent court at the registered office of Die Schittigs GmbH, if the user is a merchant or a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany.
11.3 Should any provision of this General Terms and Conditions be or become void, invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of all remaining provisions.