§ 1 Scope
These conditions apply to all agreements between Kietzmann & Butenhoff GbR, c/o Sigrid Kietzmann, Im alten Dorf 12, 29690 Grethem-Büchten (hereinafter: “Provider”) and the users (hereinafter: “Users”) of newfoundlanddog-database.net (hereinafter: “database”) legal relationships arising in the context of the use of the database and the use of other services at newfoundlanddog-database.net.
These conditions apply both to the use of the database without registration and to use as part of free or paid access after registration.
By using the database and the website newfoundlanddog-database.net you accept these conditions.
The conditions apply exclusively within the framework of the use of the database. The users' own conditions are not part of the contract and have no effect even if the provider is aware of them.
§ 2 Use of the database
The database can be used by private individuals and entrepreneurs. Operators of other databases on Newfoundlands are excluded from participation. The same applies to their employees or third parties commissioned by them.
There is no legal right to use the database or register. The provider also reserves the right to exercise its property rights even after the usage relationship has been established.
§ 3 Services of the provider
In the database operated at newfoundlanddog-database.net, the provider provides users with a wealth of information about the Newfoundland dog breed and maintains global data on breeding dogs, their breeders and industry-relevant exhibitions.
The provider presents the content stored in the database to the best of his knowledge and belief. However, he does not owe any accuracy of the content published on the database, in particular not with regard to its completeness, freedom from errors and topicality.
The user has no right to the availability of the data provided or to the provision or maintenance of individual content. In particular, the user is aware that the availability of the database from a technical point of view is not necessarily exclusively under the control of the provider, but can be influenced by third parties and/or force majeure.
The provider is entitled to change the contents and presentation of the database at any time. Users of a paid subscription have the right to extraordinary termination of the usage contract if the change initiated by the database provider results in essential parts of the database that were available when the paid usage agreement was established no longer being usable.
§ 4 Creating a user profile
The database can be accessed without creating a user profile. Certain information is only visible to registered users and may depend on taking out a paid subscription.
By creating a user profile, content can be activated and stored as a favorite in the profile.
To register, you must provide a first and last name, an email address and a password. Users are required to provide a password with at least 8 characters, which must contain letters, numbers and a special character (e.g. !()§$&%,).
As part of the initial registration, users receive a confirmation email in which registration must be confirmed via a link.
§ 5 Paid subscription
Certain contents of the database are only visible as part of a “premium” membership for a fee. An overview of the membership models, the services and the prices can be accessed via the corresponding “Premium” information page at newfoundlanddog-database.net.
Users can conclude a contract for a paid subscription by clicking the “Buy now” button. After clicking, the user will be redirected to the website of the payment provider PayPal. The contract is concluded by pressing the “Pay now” button on PayPal. Input errors can be corrected by canceling the ordering process.
The contract text will not be saved by the provider after the contract has been concluded. The details of the order can be viewed in the order confirmation. The languages available for concluding the contract are exclusively German and English.
The contract for a paid subscription begins with the purchase and runs for one year. It ends automatically. After the period of use has expired, the user can take out a paid subscription again for another year.
When taking out a paid subscription, the user expressly agrees that the provider will begin providing its services before the cancellation period expires. The user is aware that the provider's service is fully fulfilled when the premium functions are activated and the right of withdrawal expires when the service is fully provided before the withdrawal period expires.
§ 6 Right of withdrawal
The user acting as a consumer has a right of withdrawal when taking out a paid subscription in accordance with the following instructions. There is no right of withdrawal with free access.
A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must contact us (Kietzmann & Butenhoff GbR, c/o Sigrid Kietzmann, Im alten Dorf 12, 29690 Grethem-Büchten,
postmaster@newfoundlanddog-database.net) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
– To Kietzmann & Butenhoff GbR, c/o Sigrid Kietzmann, Im alten Dorf 12, 29690 Grethem-Büchten, postmaster@newfoundlanddog-database.net
– I/we (*) hereby revoke 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 for paper notification)
- Date
(*) Delete what is not applicable.
§ 7 Term and termination
The term of the paid subscription can be found in the documents at the time of conclusion of the contract.
The contract as part of a free registration runs for an indefinite period of time and can be terminated at any time by either party without giving reasons and without observing a deadline by deleting the account.
The rights to terminate for good cause without observing a notice period remain unaffected. An important reason for the provider is, in particular, if users violate legal regulations or these terms of use.
The provider is also entitled to terminate the usage relationship in the event of inactivity for more than twelve (12) months by giving four weeks' advance email notice and to delete the account including the data stored for it.
§ 8 Rights of use and copyright protection
The provider grants the user a simple, non-exclusive right to use the database for their own use for information purposes. Commercial use of the database and the contents of the database is not permitted. In particular, the user is not permitted to use the contents of the database to create another database.
All contents of the database are protected by copyright and, where applicable, other intellectual property rights. The database contents
The provider is entitled to terminate the usage relationship without notice if, based on the volume of data used by the user, commercial use of the database can be assumed.
§ 9 Obligations of the users
Users undertake not to use the database to carry out criminal offenses or to violate the rights of third parties.
In this respect, the user releases the provider from all third-party claims that are raised against the provider due to the user's use of the service in violation of third-party rights or legal regulations. Furthermore, he is obliged to cooperate appropriately in the defense against the asserted claim.
The registration data must be treated confidentially and may not be passed on to third parties. Changes to the email address provided during registration must be reported by the user immediately.
§ 10 Liability
In the case of services provided free of charge, the provider is only liable for damage that was caused due to intent or gross negligence or is due to the lack of a guaranteed feature, whereby the liability is unlimited in the case of intent and to the typical, foreseeable level in the case of gross negligence Damage is limited.
For services provided for a fee, the provider has unlimited liability for damage caused by intent, gross negligence or the lack of a guaranteed feature. In the event of a breach of an essential contractual obligation, in the event of the debtor's default or in the event of the provider being responsible for the impossibility of providing the service due to slight negligence, the provider's liability is limited to the typical, foreseeable damage. Essential contractual obligations are those that are directly related to the fulfillment of the contractual purpose (main performance obligations).
The above limitations of liability do not apply if there is culpable injury to life, body or health or if there are mandatory legal regulations. Furthermore, the limitations of liability do not apply to claims under the Product Liability Act or if the provider assumes a guarantee.
To the extent that liability for the provider is limited, this limitation also applies to the legal representatives and employees of the provider as well as other persons working for the provider (vicarious agents).
§ 11 Miscellaneous
The provider is entitled to change and supplement the terms of use at any time if this is necessary due to changes in the law, official requirements or changes in technical conditions and a change is reasonable for you. The user will be informed about the change and the right to object by email two weeks before the change comes into force. If no objection is made within the deadline set in the change notification, the new conditions are deemed to have been accepted. In the event of objection, the provider reserves the right to terminate the usage relationship and delete the user profile.
The EU Commission provides a database for out-of-court dispute resolution at https://ec.europa.eu/consumers/odr/. The provider is neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.
The applicable law is the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the regulations of international private law, even if the database is used from outside the Federal Republic of Germany. For consumers with their habitual residence in a member state of the European Union, the mandatory provisions of the member state of their place of residence remain unaffected.
If the user is a merchant, the place of jurisdiction is the provider's registered office.
If individual conditions are invalid, the remaining conditions remain unaffected. The invalid condition will be replaced by one that most closely corresponds to the economic purpose of the invalid condition and the mutual interest of the parties.