Terms and conditions in large parts created by the generator of the “Deutsche Anwaltshotline AG”.
Findeling GmbH, hereinafter referred to as “Fairling”, operates a platform (web-based service as WebApp and Mobile App) for manufacturing companies (i.e sole proprietorships, partnerships, legal entities) and local retailers, (i.e sole proprietorships, partnerships, legal entities), hereinafter ” Manufacturer” or “dealers” to connect to each other. The representation of the manufacturer profile includes the products and brands they offer, business data (picture and text content and contact data) as well as offers and other company-relevant content. Manufacturers can promote their products to local traders. This service is chargeable.
All products and services offered by FAIRLING are only aimed at buyers that are 18 years of age or older and recognisable as a company in the sense of §14BGB. All products and services offered by FAIRLING are based on these terms of services. Furthermore these terms of services are valid for all future business relationships between FAIRLING and the manufacturer. We hereby dissent the inclusion of terms and conditions of a manufacturer that contradict with ours.
Fairling is operated by: Findeling GmbH, Axel-Springer-Platz 3, 20355 Hamburg, District Court Hamburg HRB 135293
Managing Director: Katharina Walter
Website: www.fairling.de, fairling.com or https://shop.fairling.com
The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly, annual every 3rd month or every 6th month payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval.
Please contact us before any warnings!
If you believe that we are in any way interfering with or infringing your rights or trademark protection, we ask that you first contact the management (see above) without issuing a cost note.
Your complaints will be checked and corrected immediately. Turning on a lawyer is not required.
Attorney’s fees are not refunded, as our explanation does not require a legal protection requirement – § 8 Abs. 4 UWG. We refer to the BGB prescribed loss mitigation obligation and §226 BGB.
Fairling is a web service that allows users (manufacturers) to send targeted ads to the Findeling registered local stores. In addition, Fairling provides a platform where manufacturers and other customers (such as service providers) can present themselves through a profile to their customers. This can be done after registration and registration by a Fairling employee. Furthermore, Fairling offers contractors the opportunity to access their data or profile at any time and to be able to change content at any time. The deletion of basic content (profile picture, address, etc.) may lead to a temporary blocking of the account for the purpose of completeness of the customer profiles.
Fairling’s information about the manufacturer (hereafter referred to as “merchant data” – such as address, contact details, products offered) is provided directly by the manufacturer or its website and will not be verified by Fairling. Dealers who are party to Fairling provide Fairling with the information by e-mail for manual upload, or edit it after receiving the access data. In addition, Fairling reserves the right to search content (for example, websites and online shops) of contractors for information about goods and to integrate them into its service.
Fairling makes every effort to provide the user (manufacturer) with up-to-date and accurate manufacturer data, but does not warrant that the dealer data available through Findeling is accurate and complete in content. Fairling is not responsible for the current availability of the goods offered. All information provided by Fairling is to be understood as non-binding recommendations and assistance.
Fairling reserves the right to refuse the registration of a manufacturer without giving reasons.
The use of services by Fairling on the manufacturer side is only possible by registering.
By registering, the manufacturer agrees to provide his data truthfully and to keep it up-to-date even after registration.
Registered manufacturers are required to keep their access data for Fairling safe and secure it from being noticed by third parties. If it is suspected that third parties have received knowledge of access data of the manufacturer, we will immediately change the access data.
There is no entitlement to registration. Fairling reserves the right to decline the manufacturer registration without giving any reason.
Availability of services
The Findeling GmbH strives to provide high availability. It also strives to keep any maintenance during operating hours as low as possible and to reduce it to a minimum amount of time.
Fairling is not liable for delays in performance caused by force majeure. The same applies to events that significantly hinder or make impossible performance. This includes, in particular, official orders, strikes, failures of communication networks, etc. For server failures or other failures that cause Fairling’s website to be unavailable, Fairling assumes no liability, unless the above provisions state otherwise.
Fairling also reserves the right to change the service as well as temporarily or permanently. Changes as well as the attitude of the service can happen at any time and also without announcement.
Fairling as a platform and marketing tool for manufacturers, distributors and brands is provided in the current development and data with all possible defects. Fairling makes no warranty as to the completeness, safety, quality, accuracy or reliability of the Fairling Content. The use of Fairling is at your own risk. In particular, Findeling GmbH is not liable and / or liable for damages if such damages arise from the trust of the dealers in the completeness, safety, quality, accuracy and / or reliability of Fairling.
For gross negligence and intent of non-executive vicarious agents Fairling is liable only if they violate a material contractual obligation. And then only up to the sum of payments made by the manufacturer within the last 12 months to Findeling GmbH or up to 100 EURO, whichever is higher.
Fairling is not liable for free services provided by Fairling.
Liability for Content
Manufacturers are solely responsible for their content. We can not guarantee that the publication of content can be undone in any case. The risks associated with the content and its accuracy or completeness are to be borne by the manufacturers. Also those risks resulting from the disclosure of personal data in this content or reveal the identity of the manufacturer. Manufacturers hereby warrant that they own their content in accordance with these Terms or have the necessary rights to use or authorize their use.
Should the content provided by the manufacturers contain incorrect or intentionally misleading material, violate third party rights, including infringements of any copyright, trademark, patent, trade secret, moral rights, personal rights, publication rights or other proprietary or intellectual property rights, including unlawful material, including, but not limited to, illegal statements , Hate speech or pornography in which minors are exploited or otherwise harmed, or violate other rights or policies, they can be held liable.
Fairling’s right to use the content
We reserve the right to use the content posted by Fairling. This includes, but is not limited to, publicly displaying, editing, using in advertisements and other works of art, creating, promoting, distributing, and authoring works (in consultation with the manufacturers) on their own websites and online presence to do the same. In this sense, manufacturers grant irrevocably permanent, non-exclusive, royalty-free, sub-licensable, transferable and usufructuary rights to their content to Fairling. In addition, they provide the users of the website and other media irrevocably access to this content. Manufacturers irrevocably waive all legal claims and assertion of moral rights or rights of copyright attribution to Fairling and its users. “Use” means copying, auditioning, displaying, reproducing, distributing, modifying, translating, removing, analyzing, commercializing and creating derivative works of its contents.
Duties of the manufacturer
The manufacturer states not to misuse the Fairling platform, in particular not to introduce data into the system containing a computer virus or to use it in a manner that adversely affects the availability of the platform to other users. The manufacturer states to indemnify the operator for any damage, including third-party claims and consequential costs of any kind, if someone violates the GTC.
Reviews (stars, comments on social media – facebook, Google My Business, Trust Pilot) will only be given from both parties with mutual agreement. The manufacturer has to delete a rating about FAIRLING permanently and at our first request. This will also apply after the contract has been terminated. If the manufacturer does not delete a rating at our first request, the amount of legal charges upon the manufacturer will be determined by German court.
As part of the relationship between manufacturers and Fairling, manufacturers are the owners of their content. Fairling, on the other hand, owns their content, in particular the interfaces, functions, graphics, design, computer code, products, software, all contributions and all other elements of the website, excluding the content of the manufacturer, user content and content third parties. Manufacturers have no authority to partially or completely modify, reproduce, redistribute, distribute, make derivative works or adapt any of the Fairling content in any manner whatsoever, except as expressly authorized by us. Unless this is publicly, explicitly and uniquely determined, we do not grant manufacturers any implied or express rights. Fairling owns all rights to the website and the Fairling content.
Findeling GmbH assumes no responsibility or guarantee for the behavior of third parties, as well as that of Fairling listed dealers. Therefore, Findeling GmbH is not liable to customers and users for losses or damages resulting from actions or from omissions of third parties. The purchase and use of the products recommended or described by Fairling offered by third parties is also at your own risk and risk.
Furthermore, Findeling GmbH does not guarantee the non-infringement of rights or the suitability for specific purposes with respect to the listed products and goods. Verbal and written supplementary agreements, advice or information from a representative of Findeling GmbH are not a guarantee.
If customers are dissatisfied with Fairling or its related services or have complaints, its sole right is to stop using and accessing the Site, or terminate its use of and access to the Site.
Findeling GmbH is not liable for indirect, incidental, punitive, legitimate, consequential, profit, business interruption, reputational or informational or data loss. Furthermore, there is no entitlement to special and additional damage claims to Findeling GmbH.
Jurisdiction and applicable rights
It exclusively applies the law of the Federal Republic of Germany. Jurisdiction is in disputes with users who are not a legal entity under public law or public law special fund, Hamburg.
If one or more provisions of these terms and conditions should be ineffective, the rest of the contract remains effective.
Termination & Cancellation
Terms of payment
An order is deemed to have been paid in full if the contractor has credited the contractor with the contractually agreed amount in due time. If payment is not made on time, in particular for recurring payments (eg rent for CMS), the contractor reserves the right to temporarily suspend development and support until the outstanding amounts have been paid or to temporarily switch off the internet presence. The delivered product / service remains the property of the contractor until full payment by the client. Recurring payments (for example monthly, quarterly, yearly) are to be made in advance in each case on the 1st day of the 1st month of the period. Your contract will automatically be extended by the term you have booked at the time of your renewal until you cancel it. Payment is made either by SEPA, Paypal or credit card. The payments and an overview of the subscription can be viewed on your profile at shop.fairling.com/my-account.
Contracts with monthly payment
The service starts after your first payment has been processed. During the term of your annual contract, you will be billed monthly for the applicable fees plus tax at the time of purchase (eg VAT, if a net price has been specified). Should VAT (or other relevant tax) change during the term of your annual contract, the gross price will be adjusted accordingly. Your contract will automatically be extended for another year on your annual renewal date until you terminate it.
The contract will run as specified in the package booked. Cancellation of the package must be done in the FAIRLING account settingsup to 48 hours before the agreed minimum term has expired. If the booked package is not canceled after expiry of the contract period, the package shall be extended by the respective contract period specified in the booked package until the termination is again done by cancelling in the FAIRLING account settings in time. The termination does not automatically mean deletion of all data, but we reserve the right to disable your profile in order to easily restore it if necessary. If you wish the deletion of your data, please contact us and we will gladly follow your request.
Termination upon contract acceptance
We are entitled, with a notice period of four weeks, to transfer all or part of the rights and obligations arising from this contractual relationship to a third party. In this case, the manufacturer is entitled to terminate the contract within two weeks of notification of the acceptance of the contract.
Termination due to important reasons
The immediate termination of the contract for cause remains at the discretion of the parties. An important reason for us is in particular if the manufacturer falls into bankruptcy or the bankruptcy opening was rejected for lack of mass; if he is in arrears with payment obligations from this contractual relationship in the amount of at least one monthly fee and he was unsuccessfully reminded by setting a grace period and under penalty of contract cancellation; if he culpably violates legal provisions or infringes copyrights, industrial property rights or third-party rights in the use of the contractual service; when using our services for the purpose of promoting criminal, unlawful and ethically objectionable acts.