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Imprint

Natteria GmbH

Friedrichstr. 95

10117 Berlin, Germany

E-mail: hello (at) natteria.zendesk.com

Fax: +49-30-609857301

 

Local Court Berlin-Charlottenburg, Commercial Register Number: HRB140513B

VAT-ID: DE282116306

Managing director: Dr. A. Maria Oparski

 

 

Terms of Service

 

1.     Applicability of Terms

1.1.      These general terms and conditions of use (hereinafter referred to as “Terms”) apply to the platform “us.Natteria.com” (hereinafter referred to as the “Platform”) and the within the Platform offered recognizable and connected offers, services and functions.

1.2.      The Platform is an online listing of Natteria GmbH, Friedrichstr. 95, 10117 Berlin, Germany (hereinafter referred to as the “Offeror”).

1.3.      These terms and conditions govern conduct obligations of users of the Platform and their relations with each other and in relation to the Offeror. Under the common term users are to understand both consumers and businesses customers.

1.4.      Deviating conditions of the users are not recognized, unless the Offeror agrees to their validity in writing.

1.5.      It is possible that for some functions of the Platform additional conditions are to be agreed. Then, the users shall be advised in good time before the use of any such application or belonging to its help pages.

1.6.      Users agree with the use of the Platform to these Terms.

 

2.     Conditions and definitions

2.1.      The basic form for all statements in the context of the legal relationship between the Offeror and the users subject to any explicit rules is at least the writing form (e.g. e-mail with a recognizable sender). Verbal or conclusive explanations are therefore not effective. Statements comply with the higher formal requirements, for example, the written form, can be used instead of text form.

2.2.      As used in the following term “Content” means any set of user-generated content and information, such as photographs, graphics, logos, videos, texts, reviews, information about places and people, and links.

 

3.     Terms of Reference

3.1.      The Platform provides different services that assist the user in comparing product offerings through the partners of the Offeror. The Offeror provides users with information about products and third-parties as well as links to third-parties that sell the listed products. The listed products in the Platform are however offered for sale by third parties and not by the Offeror.

3.2.      You agree that you understand that the Offeror does not sell the listed products on the Platform, nor resell, license them, nor the Offeror is acting as a sales agent for these products. The Platform makes it only easier for users to buy from stores that offer their goods using the partners (such as the eBay Commerce Networks) of the Offeror. The Offeror accepts no responsibility, to the extent permitted by law, for the products or liability in relation to the products. You agree with the use of the Platform to contact the respective merchant with direct questions, complaints or claims regarding his offer (for example concerning their products, customer service or delivery).

3.3.      Consumer reviews are submitted by members of the eBay Commerce Network, who have decided to publish a review in the eBay Commerce Network. These reviews are meant only as information for interested persons, but do not guarantee a specific level of performance from the Offeror or the merchants or any third party.

3.4.      In general taxes and shipping costs are estimates based on the geographical location of your IP address. For information about the exact shipping costs, please contact your respective merchant. Product prices in the Platform are updated continuously, however, it applies in the event of a purchase, always the price that is stated in the store of the respective merchant.

3.5.      The scope of services offered within the Platform and its technical embodiment arises from the present technical status of the Platform while using its services.

3.6.      The Offeror may extend services and functions, change or restrict, and make improvements as far as they serve technical progress or appear to be necessary for economic reasons, will improve the user experience and to avoid misuse or if the Offeror is under a legal obligation to do so.

 

4.     Registration

4.1.      Is for the use of a closed area of the Platform a registration necessary, then users will be informed about this.

4.2.      By completing the registration process, the user submits an offer to conclude the contract for the use of the closed area of the Platform against the Offeror. The Offeror accepts this offer by activating the user for the use of the Platform. By this acceptation, the contract between the user and the Offeror is established.

4.3.      After entering the data, a confirmation link will be sent to the e-mail address where the application can be confirmed.

4.4.      The Offeror may refuse to conclude the contract with the user when there are valid reasons.

4.5.      The users give assurance to be of legal age or have the consent of a parent or guardian to register with the Platform.

4.6.      The contract between the Offeror and the users is limited to the provision of the Platform and related services. In addition, the Offeror does not participate in contract negotiations and the conclusion of a contract between the users and is not responsible for any resulting consequences for the parties.

4.7.      If available, registration and login via third party services (such as Facebook or Twitter) will be possible.

4.8.      Users may by themselves create a user account and must not impersonate other person or entity or otherwise mislead about their identity.

4.9.      The use of someone else's name and address data is not allowed.

4.10.   The user account is not transferable.

 

5.     Data maintenance and responsibility

5.1.       In subsequent amendments credentials, especially address and contact information as well as other information in the user account must be kept up to date. Should a user due to incorrect data be impossible to find and is the non-availability in his area of responsibility or that of third parties (outdated address, mailbox messages are not being read), so the resulting disadvantages are at user’s expense or consequences.

5.2.      In the case of incomplete registration, especially if no activation occurs, the Offeror is entitled to the account within one month to clear.

5.3.      The users are obliged to inform the Offeror immediately if there is reason to believe that a third party has knowledge of access and/or misused a user account.

5.4.      The users shall be responsible to take by the use of access to the Platform greatest care and to take any action that ensures the confidentiality, safe handling of the data and prevents its disclosure to third parties. Members are responsible for the misuse of access, if they cannot explain and demonstrate that this was not based on their fault.

 

6.     Offers from third parties

6.1.      The Platform is not an online store and is not selling itself any products. That means, between the Offeror and the users are no contracts, in particular, no purchase contracts concluded.

6.2.      The contracts for the advertised or offered products on the Platform are alone concluded between the merchants of these products (online stores) and the user without that the Platform acts as a representative, vicarious agent or service center of the third party.

6.3.      All is governed then exclusively by the terms and conditions of that third party.

 

7.     Responsibility for the contents and information

7.1.      The Offeror is not responsible for the content posted by users and does not adopt these contents.

7.2.      The Offeror is also not responsible for linked content and does not own this either.

7.3.      The Offeror indicates that there is no claim for accuracy and completeness for the contents provided on the Platform available (for example, features and prices of products). They should be regarded as non-binding information, recommendations and statements, but should always be checked in each individual case before being regarded as a base for legal, economic or health-related decisions.

 

8.     Obligations of the user

8.1.      The user ensure that content, including ratings, self-expression and requests correspond to the truth, legally permissible and free of third party rights. In particular, the following content is inadmissible:

a. content that can affect or jeopardize children or young people in their development or education;

b. adjustment (stalking), threats, insults and claiming false facts;

c. content that violates the copyright, trademark, competition and data protection rights.

d. racist, xenophobic, violent, seditious, pornographic, human degrading and immoral content;

e. content that can affect the health of persons;

f. chain letters, mass messages with or without the advertiser's content (spamming);

g. links to websites with such content;

h. sweepstakes, contests, raffles or similar promotions;

i. publication of private data (e.g. e-mail addresses) outside of the profile;

j. commercial advertising or laudatory references to competing offers to the Platform.

8.2.      The Offeror has the right to remove topic content that does not relate particularly (for example, political or religious topics) to the range of shopping recommendations.

8.3.      If users contact other users , for example, via message system, than this contact option must not be used for advertising purposes or harass the contacted users otherwise (for example, if user doesn’t reply by repeated requests or mentions a wish not to be contacted) . The Offeror reserves the right to restrict general and in individual cases this function, if users should feel harassed.

8.4.      The Offeror reserves the right not to publish content or to make its publication reversed if there is clear evidence that the content violates legal requirements, regulatory prohibitions, rights of third parties or the public morals. The Offeror is not obligated to prescreen content.

8.5.      The Offeror reserves the right to limit advertising links set by users and similar affiliate in its number or function and to prohibit it. Users are not entitled to use the Platform in an abusive manner to interfere with the functions of the Platform or the information and content provided by the Offeror other than access via the user interface or interfaces provided by the Offeror.

8.6.      The Offeror indicates that the Platform may only be used for individual purposes of the users. A further use, for example, the reading of the data by crawlers, framing or other acquisitions of records is prohibited. The Offeror indicates that the records contained by the Platform are protected by copyright as a database.

 

9.     Reviews and comments

9.1.      For users comments & ratings is not the Offeror but the respective user responsible.

9.2.      User comments and reviews are truthful and delivered according to objective criteria. Personal views should be clearly highlighted as such (e.g. “I believe that...”, “I believe”, “I think that...”) and not to be presented as facts.

9.3.      Business operators must not persuade users to specific user comments or reviews showing them economic or moral advantages or disadvantages. Users may not deliver their ratings on the basis of such influences.

 

10.  Complaint of contents

10.1.   Users and other rights holders can complain about content to the Offeror stating the contents and complained criteria and request its correction or deletion.

10.2.   To the latter, and in particular to ensure the rapid processing the signaling functions provided within the Platform should be primarily used.

10.3.   The Offeror may refer the complaint to the respective user of this content and ask him to comment it. The publication of a reported for inappropriate content can be reversed until verification.

 

11.  Granting of rights

11.1.   Users acknowledge the Offeror free of charge and unlimited locally a simple right to reproduce their copyrighted content provided to public access, to edit it as well as to transfer it to third parties, such as technical service provider or other users of the Platform.

11.2.   The granting takes place indefinite until cancelation by the user. The revocation is particularly exercised by the deletion of the profile.

11.3.    The granting of the above- mentioned rights is solely for the operation of the Platform and provision of contractual services.

11.4.   The Offeror is entitled to supplement the links by the user to set within and outside the Platform with its own affiliate links.

11.5.    The user must ensure before uploading and writing content on the Platform that they hold the necessary rights to use the content and any copies thereof available to the public or editing the content does not violate legal regulations, common decency and/or any third-party rights are violated.

11.6.   If user-generated content used where even another person or persons are still visible next to the user, an upload is not permitted unless the consent of the will or the third party is available and there is no interference with the privacy rights of third parties.

 

12.  Sanctions

12.1.   Since the integrity and functionality of the network is for the Platform of essential importance, sanctions are imposed on users, if the Offeror has concrete evidence that a user violates legal regulations, third party rights, common decency and/or these Terms of Service.

12.2.   The Offeror will, while choosing the sanction to be imposed, involve the legitimate interests of the affected user in the decision building and, inter alia, with regard to whether one only unmerited misconduct has occurred or the infringement was committed negligently. The following graduated sanctions are available to the Offeror:

a. Partial and complete deletion of content of an user

b. Warning to the user

c. Restrictions in the use of applications

d. Temporary blocking of a user

e. Final revocation/termination of a user’s account, in some cases with ban from entering Offeror’s premises.

12.3.   As far as the Offeror is claimed because of inappropriate content or other violations of the law to be represented by the user, the user exempts the Offeror at the first request and supports him in defending back the claims. The exemption includes the necessary legal costs.

 

13.  Guarantees

13.1.   The Platform urges users to truthful and legally permissible content. However the Platform cannot guarantee that the self-reports of users are truthfully.

13.2.   Users acknowledge that a 100% availability of the Platform is technically impossible to achieve. However, the Offeror strives to keep the Platform available without interruption. Related to maintenance, security or capacity requirements, and issues that do not lie within the control of the Offeror (force majeure, third parties, etc.), might result in brief malfunctions or temporary interruptions of individual services of the Platform. Is the security of the operation or maintenance of network integrity compromised by reasons that are not the responsibility of the Offeror, the Offeror may temporarily restrict access to the Platform if required.

13.3.   The Offeror is not responsible for the integrated services of third parties, provided that such services are recognizable for the users and are based on a separate contractual relationship with the user. In such case the terms and conditions of the third-party provider are effective. By the services are meant e.g. services, such as login functions from providers like Facebook or Twitter.

 

14.  Termination

14.1.   If the use of the Platform requires a registration, termination is possible by the user at any time and can be done by the cancellation of the members account. The Offeror may terminate the use of the Platform with a period of four weeks without giving reasons.

14.2.   The premature extraordinary termination for good cause remains for both parties reserved. The extraordinary termination against users will always precede a warning. The Offeror may only waive the warning if it's not reasonable. This is particularly the case when the behavior of the user gives rise to the fact that in spite of a warning a further misconduct is to be expected.

14.3.   On termination the final deactivation of the account may take up to 14 days.

14.4.   With termination, the Offeror is entitled to delete the profiles of users. It is up to the users to back up their data before it will be deleted. Exceptionally user content may remain on the Platform when this seems out of consideration for other users. This is for example the case with discussions and conversations, advices, etc. in order not to lose or invert their meanings. The Offeror will anonymize the remaining contents of the users. The users can also claim the deletion of individual contents.

 

15.  Liability

15.1.   The Offeror and its representatives and agents are liable for damages in case of intent and gross negligence.

15.2.   In case of simple negligence the Offeror is only liable for damages arising from injury to life, body or health or for damages resulting from the breach of an essential contractual obligation (obligation whose fulfillment enables the proper execution of the contract and on the fulfillment of the contractual partner can trust may and trust), the liability of the supplier to the replacement of the foreseeable, typically occurring damage is limited in this case.

15.3.   These limitations of liability do not apply if the Offeror has fraudulently concealed a defect or agreed to in his absence. The limitations of liability also do not apply to claims under the Product Liability Act.

 

16.  Change of the Terms and Service

16.1.   The Offeror reserves the right to change the Terms at any time with effect for the future. The amendment to the essential rules that affect the contractual balance between the users and the Offeror takes place only in the presence of valid and objective reasons, in particular of legal, technical or business nature.

16.2.   In the case of significant changes, the Offeror shall notify the users the amended terms, at least in text form, so that users have two weeks to object to the amendment. In case of conflict, the users and the Offeror have the right to terminate. The termination of the users accounts has to be done by deleting the user account in the “Settings” and/or by sending a message to the Offeror. If the user does not contradict to changed terms within the time limit, they will be deemed as accepted.

 

17.  Jurisdiction, applicable law, contract language

17.1.   The place of jurisdiction and performance of all obligations is Berlin, Germany, as far where a venue clause with the user is permitted.

17.2.   The law of the Federal Republic of Germany applies, unless the mandatory rules of protection of the law of the consumer's place of residence apply.

 

 

Berlin, July 30, 2016

 

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