General Terms of Use of the www.Tresorvino.de platform
§ 1 General, Scope of Application
(1a) These General Terms of Use apply to all legal relationships between Baroxx Projektmanagement GmbH (hereinafter: ‘Platform Operator’) and the users of the website www.tresorvino.de and all sub-pages (hereinafter also: ‘Website’). A user is anyone who registers on the website.
(1b) During the beta test phase, §15 is to be taken into account, which replaces or suspends some of the following paragraphs.
(2) Any of the user's regulations that differ from these shall not apply unless the platform operator has explicitly confirmed this in writing. Individual agreements shall always take precedence.
(3) The platform operator shall not store the wording of the contract after the contract has been concluded and it is therefore not accessible. The language of the contract is German. The user can access, store and print out these General Terms and Conditions of Use.
(4) The business relationships between the platform operator and the user are subject to the laws of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The application of the UN Sales Convention is excluded.
(5) The place of jurisdiction is Heidelberg, provided that the user is a merchant, a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if their domicile or usual place of residence is not known at the time of the commencement of proceedings.
(6) Duty to inform in accordance with the Consumer Dispute Resolution Act (Section 36 VSBG): The platform operator is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.
(7) The platform operator is neither willing nor obliged to participate in a dispute resolution procedure with consumers before a consumer arbitration board. However, consumers have the option of using an alternative dispute resolution. The following link of the EU Commission (also called the OS platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts or online service contracts: http://ec.europa.eu/consumers/odr.
(8) The platform operator is prepared to achieve an out-of-court settlement with commercial users through the following mediators:
currently still under negotiation
Before initiating a mediation procedure, an attempt should be made to settle the dispute directly with the platform operator.
§ 2 Services of the platform operator, contents of the website
(1) Tresorvino is a platform on which users can create their own virtual wine cellar based on their real stock. With regard to possible increases in value of certain individual wines, the platform operator determines the value of the individual wines in the wine collection on a weekly basis using a global market analysis. On the platform, wine lovers and interested parties can display their wine collection, network, exchange information and share their own wine cellar with other users if they wish. Furthermore, users can create their own posts via communities or participate in communities of other users. Users also have the option of exchanging individual wines or even their entire wine collection with each other (see § 7 of the terms of use).
(2) The platform operator sells virtual Vino Coins. The user can purchase Vino Coins using various payment services. If a user defaults on their payment obligations, the platform operator can demand compensation and/or withdraw from the contract in accordance with the statutory provisions.
Vino-Coins can be used for special functions. These include, in addition to the ad-free display and the use of advanced reporting, participation in the marketplace and the exchange of data between exchange partners.
In addition, credit in Vino-Coins does not represent a legally recognised asset outside of the sales platform offering. Credits that have been paid in by the user are generally non-refundable (i.e. they cannot be paid out or otherwise reimbursed). However, the exclusion of repayment does not affect the user's statutory rights of revocation, withdrawal, termination, warranty and defect rights, or any other mandatory rights, and does not restrict his or her payment and other claims in this regard. Similarly, the right to repayment is not restricted provided that the deposited credit has not become time-barred. The limitation period begins three years after the end of the calendar year in which the last payment on the credit was made.
The Vino-Coins are, unless otherwise stated, including the applicable sales tax (currently 19%). The user receives an invoice from the platform operator for purchased Vino-Coins in the settings area of the user account.
(3) Through constant market value analysis, users have the opportunity to keep an eye on the market value of their own wine stock as well as the individually activated wine stock of other users, and to use their own wine cellar as an investment on this basis.
(4) The market prices of the wines displayed by the platform operator are average values of the corresponding market values offered on the internet, as well as the price indicators (bid/ask) that can be maintained by users and the guide prices on the marketplace. Each price has an indication using traffic light colours. By moving the mouse cursor over the displayed traffic lights, users can obtain more detailed information about the corresponding colours (link ‘mouse over traffic light explanation “prices”’).
(5) The platform operator can refer users of the website to third-party content and applications (hereinafter referred to as ‘third-party content’) by means of links. Such third-party content is clearly marked as such. If and to the extent that the conclusion of a contract is offered in connection with this third-party content, this is concluded exclusively with the respective platform operator.
(6) The platform operator can restrict access to its own services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data, so require.
§ 3 Use as a registered member
(1) Active use of the website is only possible after prior registration as a member. A user can register for free. The user accesses differ in the scope of the usability of the platform, e.g. with regard to the information offered, the search options, the use of the community and an exchange option (Link Community). The platform operator reserves the right to change the usage options for private or business members with a notice period of 4 weeks and to discontinue them in whole or in part.
(2) Registration is carried out by opening a user account as a private or business member, thereby agreeing to these General Terms of Use and acknowledging the data protection declaration (link to data protection declaration). Upon completion of the registration process, a contract for the use of the website (hereinafter referred to as ‘user contract’) is concluded between the platform operator and the respective user. Until the registration access is completed, the user can correct his entries directly in the corresponding input fields using the usual keyboard and mouse functions. The platform operator confirms the conclusion of the user contract to the user by email. With this email, the user also receives these General Terms and Conditions of Use, a cancellation policy and a data protection declaration. There is no right to the conclusion of a user contract.
(3) Commercial users are obliged to indicate the commercial use of the user account when registering. The platform operator then marks the respective user account as ‘commercial user’. When using the platform for the commercial distribution of goods, commercial users are obliged to comply with the legal information requirements towards consumers. In particular, commercial users are obliged to create their own legal notice and to provide information on the statutory consumer protection regulations. Reference to the provisions and use of these terms of use is prohibited.
(4) Only natural persons of full legal capacity are permitted to register. Minors are not allowed to register with the platform operator. Each user may only have one account; transfer of access is not possible.
(5) The data requested by the platform operator during registration must be provided completely and correctly, e.g. first and last name, current address (no P.O. box) and telephone number, valid e-mail address. If the data provided changes subsequently, the user is obliged to correct the information immediately. Commercial users are also obliged to provide their company name, registered office and the corresponding address.
(6) When registering, users shall provide a username and choose a password. The email address provided shall be used for communication between the platform operator and the users. Users must keep their password secret.
(7) Each user is obliged to inform the platform operator immediately if there are indications that their access has been misused. Each user is generally liable for all activities carried out using their access and shall indemnify the platform operator from any third-party claims for damages, unless the user is not responsible for the misuse.
§ 4 Duration of fee-based access, discontinuation of the website by the platform operator
(1) The term of use of additionally purchased content or functions via Vino-Coins is one month. After this period, the user must reactivate the content by spending Vino-Coins.
(2) Registration as a private or business member is unlimited. A private or business member can terminate their user contract at any time on the portal under the settings, in writing or by email (kündigung@tresorvino.de). The user data will be deleted within one week of receipt of the cancellation.
(3) The platform operator reserves the right to discontinue the website altogether. In this case, the users will be informed by email at least 6 weeks in advance. Any credit balances (Vino-Coins) existing at this point in time will expire immediately upon discontinuation of the service.
(4) The right to extraordinary termination remains unaffected.
§ 5 Special provisions for the conclusion of contracts for members
(1) In the context of exchange opportunities for users with a private or business membership, the platform operator is an online exchange platform. The wines offered are products from third parties, the users of the platform. Offers posted by the platform operator are marked accordingly.
(2) A wine exchange contract is always concluded between the respective users; the platform operator only provides the technical platform for this and does not become a party to the exchange contracts. The platform operator is only an exchange partner in the case of his own offers.
(3) An exchange contract between users is concluded in accordance with the statutory provisions by offer and acceptance. The creation and publication of one's own wine stock does not constitute an offer to conclude an exchange contract. The realisation of a contractual relationship requires an individual agreement between the respective users that has come about through communicative exchange. The general terms and conditions of the respective users, if available, apply to the exchange contracts; these users are also responsible for fulfilling all their obligations to provide instruction. Individual agreements always take precedence. Otherwise, the statutory provisions on exchange contracts apply.
(4) In this regard, the platform operator reserves the right to analyse changes in the user portfolio and to draw conclusions about possible exchange behaviour. If the platform operator detects a violation of this provision, then § 6 and § 7 of these terms of use shall apply accordingly.
(5) The actual execution of the exchange contract is the responsibility of the corresponding users. Essential parts of the contract (such as names, addresses, number and destination of the wines, shipping) are provided by the platform operator to the respective exchange partner in exchange for the payment of a virtual Vino coin. A price negotiated on the marketplace is only an indication for the following legal transaction to be concluded elsewhere, outside of the platform operator's platform. Insofar as the exchange in the marketplace includes at least one business customer as a partner, the use of the price indication must also be understood to include the legally required sales tax. The platform operator provides a highlighted display of business users and their price indications. The current market values (guideline values) of the products determined by the platform operator do not constitute a basis of business within the meaning of § 2 (2) of the terms of use. The platform operator does not assume any liability for the correctness of these guideline values (see § 10 (2)).
(6) Users may only use the information obtained from other users during the contract negotiations for the purpose of contractual or pre-contractual communication. Any further processing of the information is prohibited.
(7) After the contract has been fully executed, the platform operator shall transfer the corresponding virtual inventory to the user account of the corresponding user. The platform operator reserves the right to transfer the virtual inventory to the original user account in the event of serious breaches of contractual obligations. Serious breaches of duty shall be deemed to have occurred, for example, if a user is not provided with the contractually agreed products and the other contractual partner is unable to provide evidence of actual delivery.
(8) The platform operator can restrict access to its own services if the security of the network operation and/or the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data, so require.
§ 6 User conduct, exemption in the event of violations
(1) The Platform Operator does not check the accuracy and legality of user contributions on the website. However, if the Platform Operator becomes aware that a user is violating these General Terms and Conditions of Use or legal regulations with their contribution, the illegal content will be removed immediately or access to it will be blocked.
(2) The user alone is responsible for ensuring that they have all rights with regard to the content they publish and that no third-party rights are violated as a result. If, for example, images protected by trademark law are to be uploaded, this is only possible with the consent of the licence holder. By publishing content, the user irrevocably grants the platform operator, free of charge, the right to use and exploit the content provided by him on the website without any restrictions in terms of territory, time or content. Any other use of the content transmitted by the user is only permitted with the user's consent. Under no circumstances does the content represent the opinion of the platform operator and the platform operator does not adopt it as its own.
(3) Each user is obliged not to use the website to publish content or transmit messages that
- are immoral, pornographic, racist or otherwise offensive,
- are factually incorrect or deliberately untrue,
- contain a quality seal, guarantee mark or other symbols of third parties,
- infringe the rights of third parties, in particular copyrights and protected rights under the German Trademark Act (MarkenG),
- otherwise violate applicable laws or constitute a criminal offence,
- contain viruses or other computer programmes that can damage software or hardware or impair the use of computers,
- are surveys or chain letters or disguised advertising, or
- serve the purpose of collecting and/or using personal data from other users, in particular for business purposes.
(4) Should the platform operator become aware of a violation of the above provisions, it reserves the right to modify or delete the post/advertisement. Should third parties assert claims for damages against the platform operator due to such a violation, the responsible user shall indemnify the platform operator against these.
§ 7 Blocking
(1) The platform operator can take the following measures if there are concrete indications that a user is violating legal regulations, the rights of third parties or these general terms and conditions of use, or if the platform operator has any other legitimate interest, in particular to protect other users:
- Warning of users,
- Provisional, partial or final blocking.
(2) The platform operator can also permanently exclude a user from actively using the website (permanent block) if the user provided false contact information when registering, in particular a false or invalid email address, if the user causes significant harm to other users or the platform operator, or for any other good cause.
(3) As soon as a user has been blocked temporarily or permanently, they may no longer use the website with other user accesses and may not re-register.
§ 8 System Integrity and Disruption of the Website
(1) Users may not use any mechanisms, software or other scripts in connection with the use of the website that could disrupt the functioning of the website, in particular those that enable the generation of automated page views or page views.
(2) Users may not take any measures that could result in an unreasonable or excessive load on the infrastructure.
(3) Users may not block, overwrite or modify any content generated by the platform operator or interfere with the website in any other way.
§ 9 Responsibility for content, liability
(1) The platform operator does not guarantee that the information and documentation provided on the website is complete, correct and up to date. This also applies to all links contained on the website. The platform operator is not responsible for the content of a page accessed via such a link.
(2) In particular, the platform operator shall not be liable for the market values of the products determined by him within the meaning of § 2 (2) of the terms of use. The user has no right to disclosure of the factors used to determine the prices or to disclosure of the names of the platform operators whose prices serve as the basis for calculating the market value determined on the platform.
(3) Outside of liability for material defects and defects of title, the platform operator shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. The platform operator is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the user regularly relies), but only for foreseeable, contract-typical damage. In particular, the platform operator is only liable for the loss of data up to the amount of the expense that would arise if the user had regularly and adequately performed a data backup, thereby ensuring that lost data could be restored at a reasonable cost. The platform operator is not liable for the slightly negligent breach of obligations other than those mentioned above.
(4) The limitations of liability of the above paragraph do not apply to injury to life, limb and health, to a defect after the assumption of a guarantee and to fraudulently concealed defects.
(5) If the platform operator's liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
§ 10 Data protection
(1) The user is aware and consents to the fact that the personal data required for the processing of the user relationship is stored on data carriers. The user expressly consents to the collection, processing and use of his personal data for the purpose of executing the user contract. This includes all data required for the proper processing of the contract between the user and the platform operator, in particular name, address, contact details (telephone and fax number, e-mail address); but also the anonymous evaluation of files that have been requested, as well as the name of the file, the date and time of the query, the amount of data transferred, the access status (file transferred, file not found, etc.), a description of the type of web browser used.
(2) Within the framework of the community function, personal data of users are generally not visible to other users. In the event of a link with other users (adding to a friends list), personal data of the linked users (first name, last name, company name) will be visible on the respective accounts if they agree to this. Consent to the visibility of personal data is given by confirming the link to other users (confirming the addition to a friends list).
(3) The platform operator is only entitled to collect, store, modify or use the user's personal data for advertising purposes with the user's separate consent. Under no circumstances is the platform operator entitled to transmit this data to third parties in a list or otherwise summarised form for advertising purposes.
(4) The platform operator shall treat the stored personal data confidentially. The collection, processing and use of personal data is carried out in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The user has the right to revoke his consent at any time with effect for the future. In this case, the platform operator is obliged to delete the user's personal data. In the case of a user's current contractual relationship, the data will be deleted after the contract has ended.
§ 11 Protection of minors and age verification
By placing an order, the user confirms that he has reached the minimum age required to purchase the age-restricted products.
The products subject to age restriction include alcoholic beverages.
§ 12 Amendments to these GTC
The platform operator reserves the right to amend these GTC at any time and without stating reasons. The amended conditions will be sent to users by email no later than two weeks before they come into effect. If a user does not object to the validity of the new GTC within six weeks of receiving the email, the amended GTC shall be deemed accepted. The platform operator will specifically draw the user's attention to the significance of this deadline in the email containing the amended conditions.
§ 14 Right of withdrawal
Consumers have the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of the contract.
To exercise your right of cancellation, you must inform us of Tresorvino data by means of a clear statement (eg a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such repayment using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with such repayment.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this contract compared to the total services provided for in the contract.
Specimen cancellation form
If you wish to cancel the contract, please complete this form and return it to:
TresorvinoBaroxx Projektmanagement GmbH
Am Büchsenackerhang 66
69118 Heidelberg
- - I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract for the provision of the following service (*)...
(additional information, if applicable) - - Ordered on (*)/ received on (*):
- - Name of the consumer(s):
- - Address of the consumer(s):
Signature of consumer(s) (only for paper-based notification)
Date
§ 15 Beta Version
(1) The beta version is still in a test phase to be completed. You must assume that not all product features are fully functional yet. The use of this beta version is therefore at your sole risk.
(2) Tresorvino reserves the right to change these terms of use at any time with effect for the future, insofar as this
a) is required to adapt to developments that were not foreseeable at the start of the usage relationship and that Tresorvinox has not caused or can influence and whose non-consideration would disturb the balance of the usage relationship to a significant extent and provided that essential provisions of the terms of use are not affected or;
b) is required to eliminate significant difficulties in the execution of the contract due to gaps in the provisions arising after the start of the usage relationship or;
c) is required for a valid reason that could not be foreseen at the start of the usage relationship and this change does not shift the relationship between performance and consideration to the disadvantage of the partner, so that the change is reasonable for the partner.
d) Tresorvino shall notify the change to the terms and conditions of use in text form no later than two weeks before it comes into effect. If you do not object to the changes to the terms and conditions of use before they come into effect, the amended terms and conditions of use shall be deemed to have been accepted. If you object to the amended terms and conditions of use within the time limit, Tresorvino is entitled to restrict or prohibit the use of the platform.
(3) The beta version is therefore provided to you without agreement of a specific nature or quality and without agreement of suitability for a specific purpose. In particular, Tresorvino is not obliged to ensure that the platform functions without error and is available without interruption. A specific availability of the platform is not guaranteed. Tresorvino is not obliged to rectify defects, provided that a defect has not been fraudulently concealed.
(4) Tresorvino has the right to terminate the current beta test for you, either in whole or in part, at an earlier point in time without notice, stating reasons or a deadline. No claims may be made against Tresorvino due to premature termination of the beta test.
(5) After completion of the beta test, you will be requested the next time you access the platform to decide whether you want to be transferred to the standard operation of the final product version of the platform. If you agree to the transfer to standard operation, you and your recorded data will be automatically transferred to operation after installation of the final product version.
(6) Tresorvino does not guarantee the accuracy and completeness of the information on the platform. References and links to third-party websites do not mean that Tresorvino adopts the content behind the reference or link as its own. The content does not establish any responsibility on the part of Verivox for the data and information provided there. Tresorvino has no influence on the content behind the link. Tresorvino shall therefore not be liable for illegal, incorrect or incomplete content or for damages caused by the use of content accessed via the link.
(7) The above exclusions and/or limitations of liability shall also apply with regard to the liability of the employees, staff, representatives and vicarious agents of baroxx Projektmanagement GmbH (the operator of Tresorvino) or its partners.
(8) Otherwise, liability is excluded, regardless of the legal reason.
(9) The information displayed on the platform is comprised of various pieces of information, some of which are obtained from you and some from our partners. In particular, Tresorvino is not liable for the accuracy and completeness of the information transmitted. We are also not liable if you incur damages due to the faulty, incomplete or delayed transmission of information or a malfunction of the application. We endeavour to minimise the impact of external circumstances through the use of dedicated servers for download, upload, ping and website tests, thus ensuring an optimal test procedure. Should the application or the transmission of data result in impairment or damage to hardware or software, we shall only be liable for this if it has been caused by us through intent or gross negligence.
