General Terms and Conditions for Consumers
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 offer "Türchen Basic", "Türchen Ad Free" and “Türchen Pro” is expressly and exclusively aimed at consumers in the sense of § 13 BGB, church communities and schools. The services "Türchen Basic", "Türchen Ad Free" and “Türchen Pro” are not directed to entrepreneurs within the meaning of § 14 BGB.
1.3 Any deviating, supplementary or conflicting general terms and conditions introduced by the user shall not become part of the contractual relationship.
General Terms and Conditions of Business submitted by the user shall not become part of the contractual relationship, execution of a service without objection does not constitute an agreement regarding the inclusion of other general terms and conditions.
2.1 Within the scope of the "Türchen Basic" service, the user is entitled to design countdown calendars himself. The functionalities included at the time of the conclusion of the agreement are shown on the website under "Prices".
2.2 Use of the "Türchen Basic" service is free of charge and is financed by the placement of advertising in the countdown calendar. The agreement, including these General Terms and Conditions for Consumers, is concluded by selecting the "Publish" button.
2.3 Die Schittigs GmbH will keep the respective countdown calendar for six months. Afterwards it will be deleted. The user shall not be entitled to any further use of the respective countdown calendar beyond this period.
3.1 Within the scope of the "Türchen Ad Free" 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 "Türchen Ad Free" is characterized by the fact that the countdown calendar is presented to the visitors without advertising.
3.2 The use of the "Türchen Ad Free" service is subject to the payment of a fee.
3.3 An agreement for the service "Türchen Ad Free" is concluded when the user clicks on the button "Make this calendar Ad-Free for just 3€! " in the preview of his countdown calendar. The conclusion of an agreement is subject to the condition precedent of payment by the user.
Alternatively, the calendar can also be turned ad-free via the admin interface, subject to these General Terms and Conditions.
3.4 Die Schittigs GmbH will keep the respective countdown calendar for six months. Afterwards it will be deleted. The user shall not be entitled to any further use of the respective countdown calendar beyond this period.
4.1 Within the scope of the "Türchen Ad Free" 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 "Türchen Pro" is characterized, among other things, by the fact that the countdown calendar is presented to the visitors without advertising.
4.2 The use of the "Türchen Pro" service is subject to the payment of a fee.
4.3 An agreement for the service "Türchen Pro” is concluded when the user a) clicks on the "Pay" button in the editing menu of the countdown calendar as part of the preview of his countdown calendar within the ten-day trial period or b) clicks on the "Buy" button by purchasing the Pro version within a "Türchen Basic" calendar via the "Add-ons" store. This opens a pop-up window. The agreement is concluded, including these GTC, by selecting the button "Pay now", but subject to the condition precedent of payment by the user. Afterwards, the user can select his payment method and make the payment, after the payment the contract becomes effective.
4.4 Die Schittigs GmbH will keep the respective countdown calendar for six months. Afterwards it will be deleted. The user shall not be entitled to any further use of the respective countdown calendar beyond this period.
5.1 Withdrawal policy
Right of withdrawal
You have the right to withdraw from this agreement within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the agreement.
To exercise your right of withdrawal, you must inform us (Die Schittigs GmbH, Erthalstr. 9, 63739 Aschaffenburg, firstname.lastname@example.org) of your decision to withdraw from this agreement by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this agreement, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
5.2 Withdrawal form
(If you wish to withdraw from the agreement, please complete and return this form).
–To [Die Schittigs GmbH, Erthalstr. 9, 63739 Aschaffenburg, email@example.com]:
–I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
–Ordered on (*)/Received on (*)
–Name of the consumer(s)
–Address of the consumer(s)
–Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable
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, 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 inadmissible or infringing content or prove an authorisation to use it, the countdown calendar will be deleted 5 days after a corresponding request. In this case, the user 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 Die Schittigs GmbH shall be liable towards the user without limitation in case of intent or gross negligence for all damages caused by it or the legal representatives or vicarious agents of Die Schittigs GmbH.
8.2 In case of slight negligence Die Schittigs GmbH shall be liable without limitation in case of injury to life, body or health.
8.3 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 enable the proper performance of the agreement in the first place, the breach of which endangers the achievement of the purpose of the agreement and on the compliance with which the other party may regularly rely.
8.4 In the event of liability pursuant to section 7.3, liability shall be limited to the foreseeable, typically occurring damage.
8.5 The user is liable for the content integrated by him 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.
8.6 The guarantee liability pursuant to § 536a BGB is expressly excluded.
9.1 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 which do not restrict the agreed use is permitted to Die Schittigs GmbH at any time.
9.2 In case of a restriction of functionalities according to clause 8.1, Die Schittigs GmbH will inform the affected users about the restriction with a lead time of 4 weeks, but at least immediately after knowledge of the circumstances causing the restriction. In the case of the free service, the user can switch off his countdown calendar at any time. In the case of "Türchen Ad Free", the user can decide whether he would like to continue to use the calendar free of advertising, continue to publish the countdown calendar with advertising in return for a proportional refund of the remuneration, or switch off the countdown calendar. In this case, Die Schittigs GmbH will inform the user by email about the options and consequences.
10.1 These General Terms and Conditions shall be governed by German law to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
10.2 If any provision of this General Terms and Conditions is or becomes void, invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of all remaining provisions.
10.3 The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr.
10.4 Die Schittigs GmbH is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.