Terms of use for services of Offerista Group GmbH
Part A - General Terms and Conditions
1 Scope of application
These Terms of Use ("TOU") apply to the use of all services operated by Offerista Group GmbH, based in D - 10999 Berlin ("Offerista"), such as the Marktjagd App, barcoo App, Wunderkauf App, Offerista and the websites offerista.com, barcoo.com, barcoo.de, offerista.fr, ("Services").
The offer to use the Services is aimed exclusively at consumers within the meaning of Section 13 BGB.
The use of the Services is only permitted on the basis of these Terms of Use. By using or downloading the Services, the user agrees to these TOU.
Offerista is entitled to amend, supplement and/or replace these TOU at any time and without giving reasons.
Offerista is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
2. conditions of use/registration
No login or registration is required to use the services.
3. services/servicesnste/services
Offerista provides information on current offers, products and services from local retailers and service providers ("providers") via the apps and the website(s) barcoo.de, offerista.fr. The information can be adapted to the user's location. Offerista also provides information on local retailers and service providers, such as contact details and opening hours.
The offers presented are not legally binding offers on the part of Offerista or the provider within the meaning of § 145 BGB, but are merely information to support shopping at the respective providers and are to be understood as invitations to purchase from the respective provider (invitatio ad offerendum). If the user purchases goods or services from a provider, a contract is concluded exclusively between the user and the respective provider.
Before concluding a contract, it is the user's responsibility to check all the information relevant to the conclusion of the contract and its up-to-dateness on the basis of the information provided by the provider concerned.
The user can add providers to their favorite stores and receive notifications about new offers from providers. The apps also offer the option of creating a shopping list/notice list and forwarding offers, e.g. by e-mail.
The barcoo app enables a barcode scan and provides the user with the information available for the respective product. The user can call up the products already scanned under the menu item "Scan history".
4. right to adjust and discontinue services
There is no legal entitlement to access and use of the services. Offerista expressly reserves the right to change, supplement or temporarily or permanently discontinue the services in whole or in part without prior notice.
5. rights of use to the apps (software), database and content
The user acknowledges that the apps as software pursuant to §§ 2 para. 1 no. 1, 69a ff. UrhG, the database pursuant to §§ 4 para. 2, 87a ff. UrhG and the content provided pursuant to § 2 para. 1 UrhG and other works are protected by copyright.
Offerista grants the user a simple (non-exclusive), non-transferable right to use the services, in particular the apps, the database and the content provided for use to the extent agreed in these TOU, otherwise to the extent absolutely necessary for the use of the services (purpose transfer doctrine).
Among other things, the user is not entitled to distribute the apps, the database and/or the content provided to third parties, to rent them out or make them available for reproduction that is not for private use within the meaning of Section 53 of the German Copyright Act (UrhG) or in any other way.
Furthermore, the user is not entitled to reproduce, distribute or publicly reproduce the database as a whole or a part of the database that is significant in terms of type or scope. The repeated and systematic duplication, distribution or public reproduction of parts of the database that are insignificant in terms of type and scope is equivalent to the duplication, distribution or public reproduction of a part of the database that is significant in terms of type or scope, insofar as these actions run counter to a normal evaluation of the database by Offerista or unreasonably impair the legitimate interests of Offerista.
6 Obligations of the user/blocking of access
If the user publishes his own contributions (hereinafter referred to as "content") on a service, he undertakes to:
not to infringe any industrial property rights, copyrights, personal rights or other rights of third parties;
not to violate common decency, laws or other legal norms with its user behavior;
not to set any links to Internet pages or refer to them in any other way whose content is unlawful, i.e. violates laws, official requirements and/or common decency and/or infringes the rights of third parties (personal rights, rights to a name, trademark rights and data protection rights);
not to transmit any content that could damage the software, e.g. through viruses or other malware, or to use the services in a way that could lead to damage through overloading or other impairments;
not to encourage participation in snowball systems, chain letters or similar;
not to post content for commercial purposes.
By posting the content, the user grants Offerista simple, temporally and spatially unlimited rights of use for the publication, distribution and public accessibility of the content on the services. The user is not entitled to publication. Offerista is also entitled to remove content at any time and without giving reasons.
The user indemnifies Offerista against any third-party claims based on a breach of one of the above-mentioned obligations. This also includes the costs of legal defense
If the user violates an obligation from these TOU, in particular from sections 5 and 6, or if there is reasonable suspicion of a violation, Offerista is entitled to temporarily and/or permanently block access to the services without prior notice. For the avoidance of doubt, it is pointed out that in the event of access being blocked, the right to use the services in accordance with Section 5 expires.
7 Liability
Offerista is not liable for the topicality, correctness, completeness or quality of the content provided by the providers, nor for the type, scope and quality of the goods or services presented. Offerista does not check the content provided by the providers, is not responsible for it and does not adopt it as its own. The same applies to content provided by users.
Furthermore, Offerista is not liable for the fact that the goods or services shown are still in stock or can actually be purchased from the respective providers under the conditions stated. Direct contact with the provider is therefore always recommended.
Offerista and the providers operate their respective websites independently of each other. Offerista is therefore not liable for the content or technical design of these websites or for the content provided there. The same applies to websites of providers or third parties to which links are provided or which are integrated into the services in any other way.
Offerista provides its services free of charge, liability for material defects and defects of title, in particular for the freedom from defects, functionality and usability of the service is excluded - except in the case of fraudulent concealment of a defect, intent and gross negligence.
Otherwise, Offerista is liable for intent or gross negligence, in the event of injury to life, limb or health, in the event of a breach of an obligation whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the user regularly relies (essential contractual obligation), or due to an assumed guarantee of quality, in the event of fraudulent concealment of a defect or in the event of intervention of the Product Liability Act. In the event of a breach of a material contractual obligation, compensation is limited to the foreseeable damage typical for the contract.
Offerista is not liable for the functionality and compatibility of systems, programs, etc. that are not part of the Offerista services.
8. data protection
The protection of personal data is particularly important to Offerista. Detailed information on our data protection regulations can be found in our privacy policy.
9. final regulation
German law applies to these terms of use.
