1.1 For the contractual relationship between MyAdvent (Provider: EichGnomies GmbH & Co. KG with its registered office in Peter-Händel-Str. 10, 91334 Hemhofen, hereinafter referred to as "Provider" for short) and the User (hereinafter referred to as "User" for short, together herein also referred to as "the Parties"), about digital services (hereinafter referred to as "Services" for short), in particular but not conclusively about the use of the application MyAdvent (hereinafter referred to as "App" for short) and the website https://www.myadvent.net (hereinafter referred to as "Website" for short) ), together referred to as "Platform" for short, these General Terms and Conditions apply.
1.2 Contradictory, deviating or supplementary general terms and conditions of the User shall not become part of the contract, unless the Provider expressly agrees to their validity. These General Terms and Conditions shall also apply if the Provider performs services without reservation in the knowledge of terms and conditions of the User that conflict with or deviate from these General Terms and Conditions.
1.3 These GTC apply only to the contractual service relationships of the Provider with Users who are consumers within the meaning of Section 13 of the German Civil Code (BGB).
1.4 These GTC already apply with the first use of the offered services, regardless of whether the selected offer is chargeable for the User.
1.5 If the generic masculine is used in the following provisions, this shall apply only for reasons of simplicity, without this being associated with any valuation.
2.1 The Provider offers online advent calendars that can be personalized by the User via its website and as an app. The Provider may limit the maximum number of visitors to the individual calendars in accordance with the individual contractual agreement and, if this is exceeded, limit or cancel the availability of the calendar. Unless otherwise noted, calendars are limited to a maximum of 1.000 users.
2.2 The basic functions of the app and the website are free of charge. Registration of the User is not required for this, but the User must provide an e-mail address intended for receipt in order to send the individualized calendar.
2.3 The premium services may be subject to a fee; contents and prices result from the price and service offer of the Provider and can be booked by concluding a subscription (hereafter referred to as "Subscription" for short).
2.4 The Provider is entitled to use the assistance of third parties to fulfill individual or all contractual obligations.
3.3 The presentation of the services in the app, on the website, in the app store or in advertisements does not constitute a binding offer by the Provider to conclude a subscription. The User is hereby merely invited to make an offer himself by registering for the conclusion of a subscription.
3.4 Before concluding the subscription, the User is requested to enter the information relevant for the conclusion of the subscription and to select a payment method. The entry requires the truthful provision of the requested data. Following this, the User is shown a summary of all information relevant to the conclusion of the contract. By pressing the button "buy" or "order with obligation to pay", the process is completed and the offer to conclude the subscription is sent.
3.5 By sending the offer, the User makes a binding offer to conclude a paid subscription. By sending the offer, the User acknowledges these Terms and Conditions as well as the Provider's data protection provisions as solely authoritative for the legal relationship with the Provider. By submitting, the User also confirms, if required, the existence of a consent of the legal representatives to the conclusion of the contract. The submission of the consent can be requested by the Provider at any time.
3.6 The Provider confirms that the User's offer has been received by sending a confirmation e-mail. This confirmation does not yet represent the acceptance of the contract offer by the Provider. It simply serves to inform the User that the offer has been received by the Provider. The declaration of acceptance of the contractual offer is usually made by an express declaration of acceptance.
3.7 The contract term of the subscription depends on the respective agreement and regularly ends one month after the end of the calendar. At the end of the contract term, the line offer owed shall expire in full.
3.8 The right of the Parties to cancel the User Agreement for good cause (extraordinary cancellation) shall remain unaffected.
4.1 The User undertakes to use the functions provided by the Provider only to the contractually agreed extent.
4.2 The User is obligated to keep his stored user information and/or access data (in particular his e-mail address) up to date.
4.3 The User is independently responsible for maintaining the technical requirements (e.g. by regularly performing updates of the operating system used) in order to be able to fully use the offer. In the event of technical problems with the service provided, the User is also obliged to cooperate in solving the problem to the best of his ability.
4.4 In case of registration, the User is obligated to keep his access data, in particular the password chosen by him, secret at all times and to prevent any unauthorized access to his user account by third parties by means of suitable security measures. The User is obliged to inform the Provider immediately if there are any indications that the access data could be used without authorization. The User is liable for any misuse of the User account and/or his data.
4.5 The User is obligated to ensure that the information and content he/she enters does not infringe any third-party rights and does not violate any statutory provisions. The provider expressly reserves the right to civil and/or criminal sanctions in the event of a violation of this provision. The user already releases the provider from possible recourse claims that may result from the infringement of this provision.
4.6 The User is responsible for ensuring that the content he or she enters does not infringe the rights of third parties and does not infringe statutory provisions (e.g. the Criminal Code) and/or morality. In particular - but not conclusively - unconstitutional, inciting, defamatory, racist and/or child pornographic content and/or statements are not permitted. The Provider expressly reserves the right to take criminal action against the User in such cases.
4.7 The User acknowledges that he can be suspended ("deactivated") by the Provider at any time if he infringes the conditions set out here.
5.1 The respective payment is due for the subscription, except for a possible free test phase, provided this is offered to the User accordingly. The payment is generally based on the function selected by the User and the respective contract period.
5.2 The User's obligation to pay the fee shall also continue to apply in cases in which the service cannot be performed for a reason for which the User is responsible. In this case, however, the Provider must take into account any expenses saved or not incurred.
5.3 All payments to be made by the User are generally due in advance immediately after conclusion of the contract. The payment services offered by the Provider must be used. The User agrees to receive the bill electronically.
6.1 For digital content, the Provider owes an update of the digital content only if this is expressly specified in a quality agreement with the User.
6.2 The User receives - if applicable, subject to the condition of payment of the remuneration owed and due - the contractually agreed simple right to use the digital content for private or other personal use, which is limited to the duration of the usage agreement and is not transferable to third parties. This also includes the downloads offered by the Provider. The Provider does not provide the User with ownership of the downloads, but merely the right of use set forth in sentence 1 of this clause.
6.3 If the User makes statements on the app or the website that are likely to disparage the honor of the Provider, other Users and/or third parties, the Provider may revoke the User's access authorization with immediate effect. The assertion of further claims for termination and damages remains unaffected by this.
7.1 The Provider is only liable, irrespective of the legal grounds, within the limits of the statutory provisions in accordance with the following clauses.
7.2 The Provider is only liable for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence on the part of the Provider or one of its legal representatives or vicarious agents. In addition, the Provider shall be liable, limited to compensation for the foreseeable damage typical for this type of contract, for such damage that is based on a slightly negligent breach of material contractual obligations by the Provider or one of its legal representatives or vicarious agents. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the User may regularly rely.
7.3 The Provider is not liable for any unforeseen software disruptions from the sphere of third parties, or technical "bugs" or data loss, over which the Provider itself has no influence. The Provider endeavors to remedy any server malfunctions as quickly as possible and to carry out maintenance work carefully. Furthermore, the Provider cannot guarantee the User that the app or the website will be always available.
7.4 The User releases the Provider from all third-party claims asserted against the Provider by third parties due to the User's infringement of these GTC. In this case, the User will also refund to the Provider all costs incurred for legal prosecution and defense.
8.1 The processing of personal data for the fulfillment of the contractually agreed services is carried out in accordance with national and European data protection laws. The processing of personal data required for the fulfillment of the contractual offer is based on Art. 6 lit. b DS-GVO. Beyond this, further processing of data or disclosure to third parties will only take place in those cases in which the ser has previously given his express consent or the processing/ disclosure is necessary for the performance of the contract, and this corresponds to the interests of the User. In all other respects, the Provider refers to the data protection provisions, available at https://www.myadvent.net/legal/en/#data-privacy.
8.2 The parties to the contract undertake to treat as confidential any information or documents from the other party's sphere that become known to them during the performance of the contract and that are not in the public domain or generally accessible. This confidentiality obligation shall continue to exist after termination of the contractual relationship.
8.3 The processing of personal data carried out on behalf of the User shall be for the organization and implementation of digital events, in particular for the invitation, registration, administration, billing and recording of participation.
8.4 The User alone is responsible for the lawfulness of the data, the obtaining of any consents and the use of the functions provided by the Provider.
8.6 The User shall release the Provider from all claims and other financial disadvantages, including legal fees, which employees or customers of the User, including data protection supervisory authorities, assert against the Provider in connection with possible infringements of data protection law or which arise insofar as such are the responsibility of the User or are based on the User's actions, which shall also include employees and affiliates of the User.
9.1 The entire offer of the Provider is subject to the respective industrial property rights (such as copyright law) and is legally protected by the Provider and/or its licensors. This applies in particular to the entire data and database structure as well as to the external appearance of the website.
9.2 All legally protected contents of the Provider, as well as the entire data and database structure, may not be published, reproduced, made publicly accessible or passed on to third parties without the express prior consent of the Provider. The User is granted a simple, non-transferable right of use, limited in time to the duration of the contract. Any commercial use without the prior consent of the Provider is prohibited in any case.
9.3 The assignment of the User's rights is subject to the written declaration of the Provider's consent.
9.4 The Provider is entitled to make new versions and updates of the Service, in particular changes in the design, operational procedure, systems and other functions of the Service, at any time and without prior notice.
The Provider gives the User, who is a consumer, a right of revocation regarding the User Agreement in accordance with the following revocation policy.
A consumer is any natural person who enters a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (EichGnomies GmbH & Co., Peter-Händel-Str. 10, 91334 Hemhofen, e-mail: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
In order 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 revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without any delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. 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. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
To: EichGnomies GmbH & Co, Peter-Händel-Str. 10, 91334 Hemhofen, Germany
I/we (*) hereby withdraw from 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 consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
As an online company, the Provider is obliged to refer the User as a consumer to the online dispute resolution platform (ODR platform) of the European Commission. This OS platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. However, the Provider does not participate in dispute resolution proceedings before a consumer arbitration board.
11.1 As far as legally permissible, the place of performance is Hemhofen, Germany.
11.2 Subsidiary agreements to these GTC do not exist and must be in writing to be effective in any case. This is also valid for the amendment of this provision itself.
11.3 The possible invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest in economic and legal terms to the intended provision.
11.4 Any disputes in connection with the use of the App as well as the Website shall be governed exclusively by the laws of the Federal Republic of Germany, irrespective of the legal reason, to the exclusion of all provisions of conflict of laws that refer to another legal system.