General Terms and Conditions

General Terms and Conditions

 

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Reservation of Proprietary Rights
  7. Warranty
  8. Liability
  9. Special Conditions for the Processing of Goods According to Client's Specifications
  10. Special conditions for repair services
  11. Redemption of Campaign Vouchers
  12. Redemption of Gift Vouchers
  13. Applicable Law
  14. Place of Jurisdiction
  15. Code of Conduct
  16. Alternative Dispute Resolution
  17. Terms and Conditions of Competitions on Facebook
  18. Terms and Conditions of Competitions on Instagram

 

1) Scope of Application

1.1 These General Terms and Conditions of the company Vier­freunde GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 Regarding contracts for the delivery of vouchers, these Terms and Conditions apply accordingly, unless expressly regulated otherwise.

1.3 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

 

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Client to submit a a binding offer.

2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.

2.3 The Seller may accept the Client’s offer within five days,

  • by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client, insofar as receipt of goods by the customer is decisive, or
  • by requesting the Client to pay after placing his order.

The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.

2.4 If the payment method "PayPal Express" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the method of payment within the framework of the online order process, he shall also place a payment order with PayPal by clicking the button completing the order process. In this case, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer initiates the payment process by clicking the button completing the order process.

2.5 In case of an order via the Seller’s online order form, the text of the contract will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the text of the contract will be stored on the Seller's website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller’s online shop prior to submitting his order.

2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. Use of the enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.7 The German and the English language are exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

 

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel is provided in the Seller’s instruction on cancellation.

3.3 The right to cancel does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside the European Union at the time of concluding the contract.

 

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3 In case of delivery to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes, for example, transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such additional costs regarding money transfer may also be incurred, if the Client carries out the payment from a country outside the European Union, even if delivery is not made in a country outside the European Union .

4.4 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the payment method "immediate bank transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as "IMMEDIATE"). In order to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account with the PIN/TAN method that is activated for participation in “immediate bank transfer,” he must have the appropriate credentials during the payment process, and he must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the customer in the online shop of the seller. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the customer may be separately referred. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.de/payments
If a payment method offered via the payment service "Klarna" is selected, payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
https://kerbholz.com/zahlungsarten

 

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. In the case of an order placed via the Seller's online order form, the delivery address specified in the online order form shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control, or if he has been temporarily impeded from receiving the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.

5.3 In case the Client is a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.

5.5 Personal collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the Client as follows:

- by download

- by e-mail

 

6) Reservation of Proprietary Rights

6.1 If the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

6.2 If the Client is a trader, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.

6.3 If the Client is a trader, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless of whether the reserved goods are processed prior to or after resale or not. The Client remains entitled to collect the claims even after assignment. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, he is not in default, and no application has been lodged to open insolvency proceedings.

 

7) Warranty

Should the object of purchase be deficient, statutory provisions shall apply. Deviating therefrom, the following shall apply:

7.1 For traders,

  • the Seller may choose the type of subsequent performance,
  • for new goods, the limitation period for defects shall be one year from transfer of risk,
  • for used goods, rights and claims for defects are generally excluded,
  • the limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.

7.2 For consumers claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the legal limitation period.

7.3 The aforementioned limitations of liability and the restrictions of limitation periods do not apply

  • to a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness,
  • to claims for damages and reimbursement of expenses by the Client.
  • If the Seller has fraudulently concealed the defect.

7.4 Furthermore, for traders the statutory limitation periods for recourse claims pursuant to section 478 of the German Civil Code (BGB) remain unaffected.

7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

7.6 If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

 

8) Liability

The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:

8.1 The Seller shall face unlimited liability regardless of the legal ground

- in case of intent or gross negligence,
- in case of injuries of life, body, or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
.

8.2 If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.

8.3 For the rest, the Seller’s liability is excluded.

8.4 The aforementioned provisions on liability apply also to the Seller’s liability regarding his legal representatives and vicarious agents.

 

9) Special Conditions for the Processing of Goods According to Client's Specifications

9.1 If, according to the content of the contract, the Seller is responsible for the delivery of the goods and also the processing of the goods in accordance with the Client’s specifications, the Client must provide the Seller with all content needed for processing such texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant him the rights of use required for this purpose. The Client is solely responsible for the procurement and acquisition of rights to this content. The Client declares and accepts responsibility for the fact that he has the right to use the content provided to the Seller. In particular, he shall ensure that no third-party rights are infringed (in particular, copyrights, trademarks, and personal rights).

9.2 The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller’s contractual use of the Client’s content. The Client shall also bear the reasonable costs of the necessary legal defense, including all court and lawyer's fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully, and completely with all information that is necessary for the verification of the claims asserted for a corresponding defense.

9.3 The Seller reserves the right to refuse processing orders, if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, or youth-endangering, and/or if it glorifies violence.

10) Special conditions for repair services


If, according to the contents of the contract, the seller owes the repair of an item belonging to the customer, the following shall apply:


10.1 Repair services shall be performed at the Seller's place of business.


10.2 The Seller shall, at its discretion, perform its services in its own person or by qualified personnel selected by it. The Seller may also make use of the services of third parties (subcontractors) acting on the Seller's behalf. Unless otherwise stated in the Seller's description of services, the Customer shall not be entitled to the selection of a specific person to perform the desired service.
10.3 The Customer shall provide the Seller with all information required for the repair of the item, provided that the procurement of such information does not fall within the Seller's obligations under the terms of the contract. In particular, the Customer must provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances which may be the cause of the defect found.


10.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's registered office at his own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the goods in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert any rights he may have against the carrier.


10.5 The return of the goods is at the expense of the customer. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller shall take out transport insurance for the item.


10.6 The aforementioned provisions shall not restrict the customer's statutory rights in the event of defects in goods purchased from the seller.


10.7 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of the statutory liability for defects.

 

11) Redemption of Campaign Vouchers

11.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter to as "campaign vouchers”) can be redeemed onla in the Seller’s online shop and only within the indicated time period.

11.2 Campaign vouchers can be redeemed only by consumers.

11.3 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

11.4 Campaign vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

11.5 Only one campaign voucher can be redeemed per order.

11.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

11.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

11.8 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

11.9 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.

 

12) Redemption of Gift Vouchers

12.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter to as "gift vouchers") can be redeemed only in the Seller’s online shop.

12.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift vouchers' purchase. Remaining assets will be credited to the Client’s voucher account.

12.3 Gift vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

12.4 In case of an order, several vouchers can be redeemed.

12.5 Gift vouchers can be used only for the purchase of goods and not for the purchase of other gift vouchers.

12.6 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

12.7 The gift voucher credit will not be redeemed in cash and is not subject to any interest.

12.8 The gift voucher is transferable. The Seller may render performance with debt-discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, however, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or of the missing right of representation regarding the respective owner.

 

13) Applicable Law

13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

13.2 Furthermore, this choice of law regarding the right to cancel does not apply to consumers who are not nationals of a Member State of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside of the European Union at the time of concluding the contract.

 

14) Place of Jurisdiction

If the Client is a businessman, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract,provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases, the Seller is entitled to appeal to the court which has jurisdiction over the area where the Client’s place of business is located.

 

15) Code of Conduct

  • The Seller meets the quality standards of Trusted Shops, which can be viewed at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
  • The Seller meets the IITR GmbH - Institut für IT-Recht- privacy policy codex, which can be viewed at: https://www.iitr.de/informationen/codex.html.

 

16) Alternative Dispute Resolution

16.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

16.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

 

17) Terms and Conditions of Competitons on Facebook

17.1 Applicability
These terms and conditions of participation apply to all competitions held by vierfreunde GmbH, Wilhelm-Mauser-Strasse 14–16, 50827 Cologne, Germany (the ‘Organiser’). By participating in a competition, each participant acknowledges these terms and conditions of participation. This competition is not associated with Facebook. It is in no way sponsored, supported or organised by Facebook and does not establish any legal claims with regard to Facebook. All information provided as part of this competition is provided exclusively by the Organiser.

17.2 Participation
17.2.1 All natural persons of at least 18 years of age are entitled to participate in their own name. Participants aged 16 who are not yet of age may only take part in the competition with the permission of a parent or guardian.
17.2.2 Minors under the age of 16 and legally incompetent persons may not participate in competitions.
17.2.3 The Organiser reserves the right to disqualify anyone who infringes against these terms and conditions of participation or who does or intends to gain an advantage over other participants by unfairly influencing or manipulating the competition. In such cases, the Organiser can also retroactively disqualify participants from the competition and revoke and recall prizes.
17.2.4 Participants may only participate within the deadline set out by the description of the competition. Each participant may only take part once in a competition.
17.2.5 Employees of the Organiser and employees of the companies involved in the competition, including their relatives, may not participate in the competition.

17.3 Execution of the competition
17.3.1 To participate in the competition, a participant must post a comment or photo on the Facebook page of the Organiser; the competition page specifies what exactly a participant is required to do. If participation in the competition is subject to any other requirements, this shall also be specified in the rules of participation of the competition. The competition shall be carried out in the period specified. All participants who meet the requirements of sections 2 and 3 by the date of the prize draw shall be included in the competition. The winner shall be selected at random immediately upon the expiry of the competition entry deadline.
17.3.2 The prize may not be changed or exchanged for cash. The prize cannot be transferred.

17.4 Prize draw
17.4.1 The Organiser shall inform the winner by email. With regard to the prize, every notified participant is obliged to inform the Organiser of whether or not they will accept the prize within four weeks of receiving the prize notification. If the Organiser does not receive such a notification within this deadline, the winner will no longer be able to accept the prize and the Organiser reserves the right to select and notify another winner.
17.4.2 If the contact information provided by the participant is incorrect (e.g. the email address), the Organiser is not obliged to find the correct information. The participant must bear any disadvantages resulting from the provision of incorrect contact information (e.g. an incorrect email address).

17.5 Liability for defects
The Organiser can only be held liable for damage suffered by the winner due to material defects and/or defects of title in cases of malice, intent or gross negligence. Otherwise, the Organiser cannot be held liable for material defects and/or defects of title.


17.6 Premature termination, adjustment or alteration of the competition The Organiser is entitled to terminate, adjust or alter the competition at any time, without prior notice and without providing a reason if, for technical or legal reasons, the due execution of the competition cannot be guaranteed without such measures.

17.7 Data protection
17.7.1 The Organiser shall use the data provided by participants for the purposes of participation in the competition in order to execute the competition. You can send a message using the contact information below to object to the storage and use of your data for this purpose at any time.
17.7.2 The Organiser reserves the right to publish the name of the winner on a competition page unless the winner has objected to this.
17.7.3 At the written request of the participant, the Organiser shall provide information on what personal data of the participant has been stored; at this point the participant can have this data corrected.

17.8 Intellectual property/licences/indemnification agreement
17.8.1 The participant affirms that none of the images they publish violate third-party rights, and that the participant is solely entitled to utilise the rights to the published images without restriction and without being affected by third-party rights. Furthermore, the participant affirms that they have not utilised the rights in any way that might conflict with these terms and conditions of use, and that they have no intention of doing so.
17.8.2 With regard to the published images, the participant grants the Organiser a non-exclusive right of use, unrestricted by time or region, with regard to all types of use for publication both on the Facebook competition page and on our website. Furthermore, the participant grants the Organiser the right to grant non-exclusive sublicences. Additionally, the participant grants the Organiser the right to process images submitted by the participant; this entitles the Organiser to employ analogue, digital and other processing methods to process and/or convert the original image with consideration for copyright law.
17.8.3 If the participation breaches the copyrights, intellectual property rights, trademarks, or other protective rights of a third party, the participant undertakes to fully indemnify the Organiser against all legitimate claims of that third party arising from the rights violation. In this regard, the participant is also obliged to pay the costs of the necessary legal defence, including all legal and lawyer’s fees, unless the participant was not responsible for the rights violation.

17.9 Applicable law. All legal relationships of the parties are subject to the law of the Federal Republic of Germany. This choice of law only applies to consumers in so far as the protection is not withdrawn by mandatory provisions of the law of the country in which the consumer is habitually resident.

 

18) Terms and Conditions of Competitons on Instagram

18.1 Applicability
These terms and conditions of participation apply to all competitions held by vierfreunde GmbH, Wilhelm-Mauser-Strasse 14–16, 50827 Cologne, Germany (the ‘Organiser’). By participating in a competition, each participant acknowledges these terms and conditions of participation. This competition is not associated with Instagram. It is in no way sponsored, supported or organised by Instagram and does not establish any legal claims with regard to Instagram . All information provided as part of this competition is provided exclusively by the Organiser.

18.2 Participation
18.2.1 All natural persons of at least 18 years of age are entitled to participate in their own name. Participants aged 16 who are not yet of age may only take part in the competition with the permission of a parent or guardian.
18.2.2 Minors under the age of 16 and legally incompetent persons may not participate in competitions.
18.2.3 The Organiser reserves the right to disqualify anyone who infringes against these terms and conditions of participation or who does or intends to gain an advantage over other participants by unfairly influencing or manipulating the competition. In such cases, the Organiser can also retroactively disqualify participants from the competition and revoke and recall prizes.
18.2.4 Participants may only participate within the deadline set out by the description of the competition. Each participant may only take part once in a competition.
18.2.5 Employees of the Organiser and employees of the companies involved in the competition, including their relatives, may not participate in the competition.

18.3 Execution of the competition
18.3.1 To participate in the competition, a participant must post a comment or photo on the Instagram page of the Organiser; the competition page specifies what exactly a participant is required to do. If participation in the competition is subject to any other requirements, this shall also be specified in the rules of participation of the competition. The competition shall be carried out in the period specified. All participants who meet the requirements of sections 2 and 3 by the date of the prize draw shall be included in the competition. The winner shall be selected at random immediately upon the expiry of the competition entry deadline.
18.3.2The prize may not be changed or exchanged for cash. The prize cannot be transferred.

18.4 Prize draw
18.4.1 The Organiser shall inform the winner by email. With regard to the prize, every notified participant is obliged to inform the Organiser of whether or not they will accept the prize within four weeks of receiving the prize notification. If the Organiser does not receive such a notification within this deadline, the winner will no longer be able to accept the prize and the Organiser reserves the right to select and notify another winner.
18.4.2 If the contact information provided by the participant is incorrect (e.g. the email address), the Organiser is not obliged to find the correct information. The participant must bear any disadvantages resulting from the provision of incorrect contact information (e.g. an incorrect email address).

18.5 Liability for defects
The Organiser can only be held liable for damage suffered by the winner due to material defects and/or defects of title in cases of malice, intent or gross negligence. Otherwise, the Organiser cannot be held liable for material defects and/or defects of title.


18.6 Premature termination, adjustment or alteration of the competition The Organiser is entitled to terminate, adjust or alter the competition at any time, without prior notice and without providing a reason if, for technical or legal reasons, the due execution of the competition cannot be guaranteed without such measures.

18.7 Data protection
18.7.1 The Organiser shall use the data provided by participants for the purposes of participation in the competition in order to execute the competition. You can send a message using the contact information below to object to the storage and use of your data for this purpose at any time.
18.7.2 The Organiser reserves the right to publish the name of the winner on a competition page unless the winner has objected to this.
18.7.3 At the written request of the participant, the Organiser shall provide information on what personal data of the participant has been stored; at this point the participant can have this data corrected.

18.8 Intellectual property/licences/indemnification agreement
18.8.1 The participant affirms that none of the images they publish violate third-party rights, and that the participant is solely entitled to utilise the rights to the published images without restriction and without being affected by third-party rights. Furthermore, the participant affirms that they have not utilised the rights in any way that might conflict with these terms and conditions of use, and that they have no intention of doing so.
18.8.2 With regard to the published images, the participant grants the Organiser a non-exclusive right of use, unrestricted by time or region, with regard to all types of use for publication both on the Instagram competition page and on our website. Furthermore, the participant grants the Organiser the right to grant non-exclusive sublicences. Additionally, the participant grants the Organiser the right to process images submitted by the participant; this entitles the Organiser to employ analogue, digital and other processing methods to process and/or convert the original image with consideration for copyright law.
18.8.3 If the participation breaches the copyrights, intellectual property rights, trademarks, or other protective rights of a third party, the participant undertakes to fully indemnify the Organiser against all legitimate claims of that third party arising from the rights violation. In this regard, the participant is also obliged to pay the costs of the necessary legal defence, including all legal and lawyer’s fees, unless the participant was not responsible for the rights violation.

18.9 Applicable law. All legal relationships of the parties are subject to the law of the Federal Republic of Germany. This choice of law only applies to consumers in so far as the protection is not withdrawn by mandatory provisions of the law of the country in which the consumer is habitually resident.