§ 1 Preliminary remark
The Internet platform www.originalo.de (hereinafter: "Originalo") is operated by Originalo UG (haftungsbeschränkt) (hereinafter: "Service Provider"). The details of use are governed by the following General Terms and Conditions (hereinafter: "GTC"). In addition, the use of Originalo is regulated by the Originalo Principles (https://www.originalo.de/originalo-grundsaetze/) and the Fee Schedule .
These GTC for the use of Originalo apply to users (hereinafter: "Members") who have registered as of 01.04.2015, agreeing to these GTC.
§ 2 Subject matter and scope of the contract of use
1) The service provider provides visitors and members of Originalo with various services for temporary use. These services may include, for example, making available data, contributions, image and sound documents, information and other content (hereinafter "Content"). The contents are in particular information and data on branded products. This content is intended to help distinguish branded products from counterfeits and plagiarisms.
In particular, the service provider offers its users the so-called Originalo protection service via Originalo, among other things. The protection service is intended for users who have purchased branded products, e.g. via Internet stores, but have received a counterfeit product. The aim of the protection service is to provide the user with further information on the facts reported by him and to recommend a course of action.
In order to use the Originalo protection service, the User must first fill out a questionnaire provided on Originalo and submit it to the Service Provider by clicking on an appropriate button. By sending the questionnaire, the user accepts these terms and conditions and is treated as a registered member. The submission of the questionnaire is a non-binding request by the Member to the Service Provider. The service provider is entitled to reject this request without giving reasons.
If the request is not rejected by the service provider, the service provider will process the matter with the aim of providing the member with an assessment and a recommendation for action. The processing of the request is usually carried out by the service provider within two working days. However, there is neither a requirement nor an obligation for the service provider to answer the member's inquiry within a certain time.
If the information provided by the Member is not sufficient to assess the facts of the case, the Service Provider may refuse further processing or request further information from the Member. If the member does not provide any further information, the service provider may refuse to further process the request.
If the request is rejected by the service provider, the member will be notified of this decision by email from the service provider.
If the Service Provider makes an assessment and recommendation for action based on the information provided, this will be communicated to the Member by email or telephone. The information provided by the service provider may contain legal references, but these are only of a general nature and do not constitute legal advice. Individual legal questions cannot be answered, as this would constitute a violation of the Legal Advice Act. The information is non-binding and free of charge for the member.
The scope or level of detail of the assessment and recommendation for action is left to the service provider. The service provider is not obliged to give reasons for the assessment and recommended action. The service provider does not have to answer member questions about the information provided.
2) For individuals and legal entities, Originalo offers a functions to register as a member.
3) The Member has no right to the provision of certain functions, services and areas on Originalo.
4) The service provider reserves the right to change Originalo or individual functions, services or areas at its own reasonable discretion or to discontinue them in whole or in part, permanently or temporarily, provided that this does not affect essential obligations of the service provider under the user agreement. The service provider will in each case take into account the legitimate interests of the members.
5) Originalo may also include third-party services to which the Service Provider merely provides access. Such services will be identified as third-party services and may contain regulations that deviate from these GTC or additional regulations, to which the service provider will refer the user in each case.
§ 3 Registration and membership
1) The use of Originalo and the search for information are basically open to every user. In order to use some functions or services of Originalo, prior registration as a member is required. By agreeing to these GTC in the context of a registration or by sending the Originalo protection service questionnaire, a contract for the use of Originalo (hereinafter: "usage contract") is concluded between the service provider and the member.
2) There is no entitlement to registration or the conclusion of a user contract. The Service Provider is entitled to reject registration applications without giving reasons.
3) Legal entities, partnerships and natural persons of full legal capacity may register.
4) The registration of a legal entity may be made only by a natural person authorized to represent the entity, who must be named.
5) The data requested by Originalo in the registration must be provided completely and correctly.
6) If the data provided change after registration, the member himself is obliged to correct the information immediately.
7) Upon request, the member is obliged to prove the accuracy of the data deposited by him.
8) The identification of persons on the Internet is only possible to a limited extent. The service provider cannot exclude with certainty that false contact data is deposited during registration. The service provider does not guarantee the actual identity of a user.
If there are indications of false information, the service provider will ask the member to provide evidence and, if necessary, block or remove false information.
9) The user name chosen by the user during registration may not violate the rights of third parties (in particular, no name or trademark rights) and may not offend common decency. Furthermore, it must not contain the term Originalo.
10) Members must keep their password secret and carefully secure access to their member account. Members are obliged to inform the service provider immediately if there are indications that a member account has been misused by third parties.
11) Members are liable for all activities carried out using their member account. If the member is not responsible for the misuse of his member account because there is no violation of the existing duties of care, the member is not liable.
12) The Service Provider reserves the right to delete Member accounts from registrations that are not fully completed.
§ 4 User fees and terms of payment
1) The service provider reserves the right to charge user fees for the use of certain functions, services or areas at Originalo. The amount of the individual fees is based on the current fee schedule. The fee schedule may contain supplementary regulations that are part of these GTC.
2) For one-time services, the fee schedule valid at the time of use shall apply in each case.
If functions, services or areas are used for a certain period of time, the fee schedule valid at the time of the order shall apply for the entire period of use. The member who uses chargeable functions from the service provider is obligated to pay these usage fees.
3) Fees for the use of the chargeable function or service or area are due for payment immediately upon receipt of the invoice or request for payment. Members shall be in default without further reminder after a period of 30 days after notification of the invoice amount.
4) The Service Provider may change the fees at any time. Changes in the fees will be communicated to the Members in due time before they take effect.
§ 5 Posting of content by members
1) Originalo offers functions and services through which members can post content on Originalo and thus make it available to third parties.
It is forbidden to post content on Originalo that violates legal regulations, third party rights or morality. Furthermore, the Originalo principles (https://www.originalo.de/originalo-grundsaetze/), which are binding for all members, apply.
2) The member is fully responsible for the content posted by him/her. The Service Provider does not check the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose. The posted content does not represent the opinion of the Service Provider.
3) If the Service Provider is made aware of illegal content or otherwise becomes aware of illegal content, it shall immediately check the relevant content and, if there is reasonable suspicion of illegality, delete it or block access to it.
4) The Member declares and warrants to the Service Provider that he/she is the owner of all rights to the content he/she posts, or is authorized (e.g. by an effective permission of the rights holder) to post the content on Originalo and to grant the rights of use and exploitation.
5) By posting content, the Member grants the Service Provider a non-exclusive, transferable, sublicensable, royalty-free, worldwide right to use the respective content.
6) A Member may revoke the right of use over content posted by him/her by notifying the Service Provider in writing. The rights of use to the member's content granted to other users or third parties prior to revocation shall remain unaffected. The service provider is entitled to keep copies of the revoked content for backup or verification purposes. In the event that a Leased Member deletes his or her member account or terminates the user agreement, the content posted by him or her remains available on Originalo.
7) Members' content may also be accessed on the Originalo Internet platforms of other countries. The content published by Members may be translated by the Service Provider for this purpose.
8) The service provider reserves the right to refuse the posting of content and to edit, block or remove already posted content without prior notice, if the posting of content by the user or the posted content itself violates the Originalo principles or applicable law. The service provider will take into account the interests of the member.
§ 6 Use of the contents
1) The use of the services provided and content made available on Originalo may only be for private purposes.
2) The content provided on Originalo may not (with the exception of cases permitted by law) be copied, distributed or otherwise made publicly accessible without the consent of the Service Provider. Prohibited is the use of computer programs for the automatic reading of data, such as by crawlers or robots.
3) Any use that aims to use content made available on Originalo in a business, commercial or other commercial manner is prohibited.
§ 7 Sanctions, blocking and termination
1) If there are concrete indications that a Member violates legal regulations, rights of third parties, these GTC or Originalo principles, then the Service Provider may take the following measures:
- Change or delete content
- Change user names
- Warning of members
- Member blocking
- Limitation/restriction of the use of original o
2) Once a member has been banned, that member may not use Originalo or log in again (even with different usernames).
3) Members may terminate this User Agreement at any time. A written notice to the service provider or an e-mail to the customer service is sufficient for the termination declaration.
4) The Service Provider may terminate the User Agreement at any time with 14 days' notice to the end of the month. The right to block and to terminate the user contract for cause remains unaffected.
§ 8 Exemption
The member indemnifies the service provider against all claims asserted by other members or third parties against the service provider due to an infringement of their rights by content posted by the member on Originalo or by the member's other use of the services available on Originalo. The member assumes the costs of a necessary legal defense of the service provider, including all court and attorney fees in the statutory amount. In the event of a claim by a third party, the member is obligated to immediately, truthfully and completely provide the service provider with all information available to him/her that is necessary for an examination of the claims and a defense.
§ 9 Limitation of liability
1) The Service Provider shall only be liable to Members for damages caused intentionally or through gross negligence by its own actions, those of its legal representatives, executive employees or other vicarious agents.
2) In the event of a breach of material contractual obligations, the Service Provider shall be liable for any of its own culpable conduct, as well as that of its legal representatives, executive employees or other vicarious agents.
3) Except in the case of intent or gross negligence of legal representatives, executives or other vicarious agents of the Service Provider, liability is limited to the amount of typically foreseeable damages and compensation for indirect damages is excluded.
4) The foregoing limitation of liability shall not apply to damages resulting from injury to life, body or health or for breach of warranties as well as to mandatory statutory provisions, such as the Product Liability Act.
5) The Service Provider does not guarantee the availability of Originalo. The availability of Originalo may be temporarily restricted in whole or in part due to technical malfunctions, for reasons of force majeure or due to the performance of maintenance work that serves to maintain and improve the operability and functionality of Originalo.
§ 10 Data protection
In order to properly perform the functions and services on Originalo, it is necessary to store, process and use the personal data of members. The service provider guarantees the confidential handling of this data in accordance with the legal provisions on data protection and the Originalo data protection declaration (https://www.originalo.de/privacy-policy).
§ 11 Right of withdrawal and cancellation policy
If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you are entitled to a statutory right of revocation, which the service provider shall inform you about as follows:
Right of withdrawal
You may revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without stating reasons. You can use the enclosed sample revocation form for this purpose, which is, however, not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
The revocation is to be addressed to:
Originalo UG (limited liability), Ernst-Thälmann-Str. 71, 12529 Schönefeld, Tel: 03379-3226422
Contact by e-mail: Originalo footer > Contact (https://www.originalo.de/contact/)
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered. If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This may mean that you must nevertheless fulfill the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with its receipt.
Special notes
Your right of withdrawal expires prematurely if the service has been completely performed by us and the performance of the service has only begun after your express consent and you have confirmed your knowledge prior to the performance of the service that you will lose your right of withdrawal upon complete fulfillment of the contract on our part.
Sample cancellation form
If you wish to revoke your contract, please fill out the following form and send it by letter or e-mail to the address listed under Right of Revocation:
To: Originalo UG (haftungsbeschränkt), Ernst-Thälmann-Str. 71, 12529 Schönefeld, Fax: 03379-3226421
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service:
- Ordered on:
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s)
- Date
___________
(*) Please delete where inapplicable.
- End of the cancellation policy -
§ 12 Final provision
1) For all members, the contract of use, including these GTC, is subject to the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
2) For Members who are merchants within the meaning of the German Commercial Code (HGB) or a legal entity under public law, the registered office of the Service Provider shall be the exclusive place of jurisdiction for all disputes arising from the User Agreement and these GTC.
3) For members who are consumers, the place of jurisdiction is the respective place of residence of the member. For all disputes arising from the user contract and these GTC, the additional place of jurisdiction for consumers domiciled in Germany is the registered office of the service provider.
4) Should individual provisions of these GTC be or become invalid, the remaining provisions shall remain unaffected.
5) The Service Provider reserves the right to change these GTC at any time with effect also within the existing contractual relationships. The Service Provider shall notify registered Users of such changes at least 30 days before the planned entry into force of the changes. If the User does not object within 30 days of receipt of the notification and continues to use the services even after the expiry of the objection period, the amendments shall be deemed to have been agreed with effect from the expiry of the period. In the notification of change, the Service Provider shall inform the User of his right to object and of the consequences of an objection. In the event of an objection, the Service Provider shall have the right to terminate the contractual relationship with the User as of the planned effective date of the changes.