General Terms of Use

Translation – only the German version is legally binding.

§ 1 SCOPE, DEFINITIONS

(1) These General Terms and Conditions (hereinafter "GTC") of Meine-Bonuskarten.App (DeNiko-Solutions), Westernacherstr. 42, 87719 Mindelheim, Tel. 08261/7460511, email: info@meine-bonuskarten.app (hereinafter "Provider") apply to all contracts for the Provider's services that a consumer or trader (hereinafter "Customer") concludes with the Provider via its electronic ordering service. Deviating general terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.

(2) The Customer is a consumer insofar as the purpose of the deliveries and services ordered cannot predominantly be attributed to their commercial or independent professional activity. A trader, on the other hand, is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 CONCLUSION OF CONTRACT, OFFER AND ACCEPTANCE

(1) The offers presented in the web catalogue are subject to change and do not constitute contractual offers in the legal sense. The Customer can register by clicking the "Registration" button. This process is non-binding and does not constitute a contractual offer by the Customer.

(2) By clicking the "Order with obligation to pay" button, the business Customer submits a binding offer. However, the offer can only be submitted and transmitted if the Customer has accepted these GTC by clicking the "Accept GTC" button and has thereby incorporated them into their offer.

(3) Immediately after receipt of the offer, the Provider sends the Customer an automatic acknowledgement of receipt by email confirming receipt of the order. The Customer then waits for the listing to be approved. The acknowledgement of receipt merely documents that the order has been received by the Provider and does not constitute acceptance of the contract. A purchase contract or subscription is only concluded when a separate order confirmation (approved listing) is sent or when the starter package is activated.

(4) The Customer can view these GTC at any time via the fields Information - General Terms and Conditions.

(5) Meine-Bonuskarten.App is a digital solution for loyalty cards. The solution consists of a smartphone app (Meine-Bonuskarten.App) and a web-based application. The web-based application is, among other things, a web catalogue. This solution is provided as a service via the medium of the internet. The subject matter of the contract is the provision of the Meine-Bonuskarten.App software for use via the internet, the storage of the partner's data and the delivery of advertising materials.

(6) The subject matter of the conclusion of the contract in the form of online registration and the submission of a listing to the web catalogue is a personal account of the Customer. This consists of an email address and a password. These must not be passed on to others. The Customer is responsible for keeping them secure.

(7) Use of the smartphone app by consumers is free of charge. In this case, a contract is concluded by downloading the smartphone app.

(8) The contract is concluded in the German language.

§ 3 DELIVERY AND AVAILABILITY of the Provider's services

(1) If the selected package is not available at the time of the order, the Provider shall inform the Customer of this and shall refrain from declaring acceptance. In this case, no contract is concluded.

(2) If the selected package is available at the time of the Customer's order, the Customer shall be informed of this in an order confirmation together with an estimated delivery time.

(3) The Provider reserves the right to make partial deliveries if this appears advantageous for swift processing. Any additional costs incurred as a result of partial deliveries shall be borne by the Provider.

(4) Advertising materials are delivered to the kerbside

(5) Unless otherwise agreed, the Provider determines the method of delivery or the carrier.

(6) If, on receipt of the delivery of advertising materials, the Customer notices damage to the packaging, they must have the damage confirmed in writing by the carrier when accepting the goods. Transport damage that is only discovered after unpacking the goods must be reported to us in writing within 5 days of receipt.

§ 4 RETENTION OF TITLE

(1) The goods delivered remain the property of the Provider until the first payment has been made.

§ 5 PRICES AND SHIPPING COSTS

(1) The prices for business customers stated on the Provider's website include the statutory value added tax applicable at the time.

(2) Advertising materials are shipped to business customers by freight forwarder or parcel service. Shipping costs within Germany are borne by the Provider

§ 6 TERMS OF PAYMENT

(1) Payment of the purchase price by business customers is due upon conclusion of the contract.

(2) We only accept the payment methods displayed in each case during the online ordering process.

§ 7 WARRANTY FOR MATERIAL DEFECTS, GUARANTEE

(1) The Provider is liable for material defects in principle in accordance with the applicable statutory provisions, in particular §§ 434 et seq. and §§ 474 et seq. BGB (German Civil Code).

(2) For traders, the warranty period for advertising materials supplied by the Provider is 12 months from delivery.

(3) Obvious defects must be notified in writing immediately after receipt of the goods, hidden defects within one week.

§ 8 EXCLUSIONS OF GUARANTEE

(1) No guarantee is given for services in the web catalogue or in Meine-Bonuskarten.App.

§ 9 LIABILITY

(1) Claims for damages by the Customer are excluded. This does not apply to claims for damages by the Customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damage 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 fulfilment 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 foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages arise from injury to life, body or health.

(3) The limitations of paras. 1 and 2 also apply in favour of the Provider's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paras. 1 and 2 do not apply insofar as the Provider has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies insofar as the Provider and the Customer have reached an agreement on the quality of the item. The provisions of the Produkthaftungsgesetz (German Product Liability Act) remain unaffected.

§ 10 DATA PROTECTION

(1) The Provider collects and stores the Customer's data in the course of processing contracts. In doing so, it observes the provisions of the Bundesdatenschutzgesetz (German Federal Data Protection Act), the Telemediengesetz (German Telemedia Act) and the GDPR (DSGVO). Without the Customer's consent, the Provider will only collect, process or use the Customer's master data and usage data insofar as this is necessary for the performance of the contractual relationship and for the use and billing of teleservices.

(2) Without the Customer's consent, the Provider will not use the Customer's data for advertising or market and opinion research.

(3) Further details on data processing can be found in the privacy policy, which can be accessed at any time on the Provider's website via the "Privacy" button. On request, the Customer will receive information at any time about the data stored about them.

§ 11 FINAL PROVISIONS

(1) Contracts between the Provider and the Customers are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and on the applicability of mandatory provisions, in particular those of the state in which the Customer as a consumer has their habitual residence, remain unaffected.

(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 Provider's registered office.

(3) Should individual provisions be legally invalid, the remaining parts of the contract shall remain binding. The invalid provisions shall be replaced by the statutory provisions, where such exist. However, insofar as this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

§ 12 Information on dispute resolution pursuant to ODR and VBSG

(1) The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/.

(2) Anyone who concludes contracts with consumers and has a website or GTC must provide information on dispute resolution procedures under the VSBG (German Consumer Dispute Resolution Act).

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.