General Terms & Conditions
§ 1 Internet Shop
Whyzzer UG (haftungsbeschränkt) ("Whyzzer"), operates the Whyzzer store on the Internet. In order to stay on the Whyzzer website, in particular to view upcoming sales promotions ("User"), you do not need to become a member. The membership requires the user to register (§ 3). You will receive personal information about upcoming sales promotions through Whyzzer by email, provided that you have agreed to receive these emails. The prices indicated on the website are final prices including VAT. Shipping costs and handling fees are shown separately and comprehensible for you.
§ 2 Validity of the GTC
2.1 By agreeing to these General Terms and Conditions (hereinafter referred to as "GTC") when registering, you agree to be bound by them. These GTC define the conditions under which you can use the services of Whyzzer. 2.2 You can access, save and print these GTC at any time via the "GTC" link on the Fram.d Gallery website. 2.3 General terms and conditions of users, members and partners shall not apply in direct business transactions with Whyzzer, even if Whyzzer not expressly object to them and/or provides services without objection. This also applies if the user, member or partner of conflicting terms and conditions has prescribed a special form for the objection. Any deviating terms and conditions shall only be applied if this has been expressly confirmed in writing by Whyzzer in advance. 2.4 The contractual language is English.
§ 3 Registration, termination and restriction of membership
3.1 Registration with Whyzzer is free of charge. With the registration you become a member. However, registration and membership do not result in any costs for you and no purchase obligation. A legal claim to the conclusion of a contract does not exist through the registration and the acquisition of the membership. 3.2 The data requested during registration and in the further course of membership must be provided completely and correctly; in particular, a functioning e- mail address is a prerequisite for membership. If the data deposited with Whyzzer changes, the member is obliged to update this data in his account immediately. 3.3 You may only register once as a member of Whyzzer. Simultaneous registration of several member accounts is not allowed. Circumvention of this regulation is not permitted and may lead to termination of membership on the part of Whyzzer. 3.4 Members are obliged to keep their password secret and to carefully secure access to their member account. Members are obliged to inform Whyzzer immediately if there are indications that a member account has been misused or could be misused by a third party. 3.5 Members may terminate their membership with Whyzzer at any time free of charge with immediate effect. A notification by e-mail to the customer service is sufficient for the termination declaration. 3.6 Whyzzer may duly terminate the membership at any time with a notice period of 14 days. 3.7 Whyzzer can block, limit or terminate a membership without observing this period of notice if there are concrete indications that the member violates legal regulations, rights of third parties, these GTC or the store regulations. When choosing the measure, Whyzzer will take into account the legitimate interests of the member concerned, in particular whether there are indications that the member is not responsible for the violation.
§ 4 Conclusion of contract and retention of title
§ 5 Use of Fram.d Gallery
5.1 Whyzzer offers the services only within the framework of the recognized rules of technology. Whyzzer may restrict the services if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of the services (maintenance work). For technical reasons in particular, it may be temporarily impossible or only possible to access the services to a limited extent (unforeseen system failures). 5.2 It is prohibited to use the services in a manner that violates legal regulations, the rights of third parties or common decency. It is also prohibited to use the Services in a manner that is abusive or likely to harm the good reputation of Whyzzer. In particular, it is forbidden to use the services for subsequent purposes. It is prohibited to engage in and/or promote anti-competitive activities, including progressive customer advertising (such as chain, pyramid or snowball schemes). It is prohibited to use pornographic content or content that violates youth protection laws or to advertise, offer or distribute pornographic products or products that violate youth protection laws. Our services may not be used for purposes other than those for which they are intended, e.g. by using "robots", "spiders" or "offline readers" or other malware. It is prohibited to upload content to our services that is protected by copyright unless the user has the rights to it or the necessary consents. Furthermore, Whyzzer shall not be used in a manner that adversely affects the availability of our services and performances to other users. The dissemination of offensive, racist or otherwise unlawful content or information, including offensive or defamatory content, through our services is prohibited, regardless of whether such content relates to other users, employees of the operator or other persons or companies. Furthermore, no photos with defamatory, offensive, racist or otherwise illegal or immoral content are to be used. It is prohibited to send chain letters, to intercept or attempt to intercept messages, to advertise shopping clubs, to send messages that serve a commercial purpose, as well as to use our services to threaten or unreasonably harass other persons (especially through spam) or to violate the rights (including personal rights) of third parties. Furthermore, it is not allowed to use temporary e-mail addresses of so-called 10-minute-mail services and to publish names, addresses, telephone or fax numbers, e-mail addresses, user names or other contact data of messenger services. 5.3 Whyzzer has checked and posted its own content on the Whyzzer website to the best of its knowledge and belief. Whyzzer does not control the content published by third parties on the Whyzzer website. Whyzzer also does not control third party websites that can be reached via a link on the Whyzzer website, so that Whyzzer does not assume any responsibility for the form, correctness, appropriateness and quality of the corresponding content. Whyzzer will remove or suppress content posted by third parties or refrain from linking if Whyzzer discovers indications that the posted content or the third-party websites violate applicable law or these GTC.
§ 6 Conditions for competitions, raffles or promotions
6.1 The following conditions apply to the sweepstakes, raffles or other promotions (hereinafter "Promotion") organized by Whyzzer. Winners or beneficiaries will be determined among all persons who have participated in the Promotion and met the requirements set by Whyzzer. Winners or beneficiaries will be notified by Whyzzer of the prize or beneficiary by e-mail via the e-mail address provided during registration. If the e-mail contains a notice that the winner or beneficiary must contact Whyzzer within a certain period of time in order to accept the prize, the prize will be forfeited upon expiration of the deadline if the winner has not contacted Whyzzer accordingly. The prizes or benefits offered in the promotions cannot be exchanged, nor is cash payment possible. Participants in a promotion agree that they may be named on the Whyzzer website and other Whyzzer services, as well as in press publications, in the event that they win. Whyzzer may exclude participants from a promotion if they manipulate the contest or promotion mechanisms by unfair means or in violation of these GTC. Whyzzer may, at its own discretion, punish such manipulations with exclusion. Whyzzer reserves the right to cancel promotions or extend them beyond the original period. 6.2 The following terms and conditions apply to sweepstakes on social networks (hereinafter referred to as "social media sweepstakes") organized by Whyzzer.com on Facebook and/or Instagram:
Social media sweepstakes are conducted by Whyzzer UG (Barmbeker Straße 15, 22303 Hamburg, Germany).
The respective social media sweepstakes ends at the specified time.
Whyzzer has the right to discontinue social media sweepstakes temporarily or
permanently without giving reasons.
Unless otherwise specified in the respective social media sweepstakes, persons who reside in one of the countries to which we ship (Australia, Austria, Belgium, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Isle of man, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherland, New Zealand, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States) are eligible to participate.
Persons who are at least 18 years old during the participation are eligible to participate.
Each participant may only enter the respective social media sweepstakes once. This also applies if they have multiple Instagram or Facebook memberships.
Whyzzer employees are excluded from participation.
Participation takes place according to the respective general conditions in the contribution.
Contributions that are offensive, abusive, misleading, unethical, discriminatory or
defamatory in nature are not permitted and will not be considered.
Any participant who tries to falsify the result by technological means will be disqualified.
Winners will be selected at random by a Whyzzer staff member.
- Winners will be notified in the comments or via a private message on Facebook or Instagram.
- Any changes to the respective social media sweepstakes will be announced in a timely manner on the respective social media page.
- The right to win will be forfeited and awarded to another entrant if the winner does not respond within seven days or does not comply with the terms and conditions listed above.
Cash payment of the prize is not possible.
6.2.4 Data protection
Insofar as personal data (name, date of birth, postal and e-mail address) of participants are
collected within the scope of the respective social media sweepstakes, they will be collected, processed and used by Whyzzer exclusively for the purpose of conducting the social media sweepstakes.
The data will be treated with absolute confidentiality and will not be disclosed to third parties.
6.2.5 Legal basis
- The legal process is excluded
- The respective social media sweepstakes is in no way associated with or sponsored, endorsed or organized by Instagram or Facebook.
- By participating in the respective social media sweepstakes, participants accept the GTCs and the data protection provisions.
§ 7 Invite friends, product and sales promotion recommendations
7.1 Members can invite other friends to Whyzzer on the website. Members also have the option of recommending sales promotions or individual products to third parties by e- mail. 7.2 Members undertake to send newsletters, sales promotion and product recommendations only to e-mail addresses of existing, living, natural persons who have previously expressed interest to the member and have given their express consent to the sending of the corresponding e-mail. In the event of a dispute, a written statement to this effect must be provided.
§ 8 Promotion vouchers/credits
The following conditions apply to Whyzzer promotion vouchers (and, analogously, Whyzzer credit). Whyzzer vouchers for goods can be redeemed for all products posted on the Whyzzer website, unless the redemption of Whyzzer vouchers is excluded on the promotion overview or product overview page or it is a promotion where the order is placed via a third party's website; this is expressly marked in each case. The purchase price of the ordered products must be at least equal to the value of the voucher, unless otherwise communicated when the voucher is issued. Whyzzer vouchers for shipping costs can be redeemed for the flat rate shipping costs incurred for orders placed on the Whyzzer website, unless the redemption of Whyzzer vouchers is excluded accordingly on the promotion overview or product overview page, or it is a promotion where the order is placed via a third party website. Whyzzer vouchers will be based on codes provided to you personally; codes generally expire after a single use. Validity period, minimum order value, if any, or other conditions will be determined by Whyzzer and announced in the corresponding promotion; minimum order value in this case refers to the purchase price including VAT and shipping costs will not be taken into account. Only one Whyzzer voucher can be redeemed per order; multiple Whyzzer vouchers cannot be combined. If you cancel the purchase of an item where you have used a Whyzzer voucher, the voucher amount will not be refunded and the voucher cannot be reused; this does not apply if you have purchased the Whyzzer voucher directly from Whyzzer against payment of a sum of money. You cannot use a Whyzzer Voucher that you did not purchase directly from Whyzzer against payment of a sum of money. There will be no cash payment or interest on the Whyzzer voucher. Whyzzer vouchers are issued to a member personally and cannot be transferred to third parties; if Whyzzer learns of the transfer of a voucher, Whyzzer reserves the right to declare the corresponding voucher invalid. If Whyzzer indicates that the voucher is only valid for new customers, it is necessary for a person to register as a member of Whyzzer for the first time in order for the voucher to be issued. With the exception of a loss of the Voucher for which Whyzzer is responsible, Whyzzer shall not be liable for the loss or theft of the Voucher; replacement Vouchers shall only be issued if Whyzzer is liable for the loss of the Voucher. Additional conditions or limitations for the redemption of promotional vouchers may be listed in the store terms and conditions or when the voucher is issued.
§ 9 Warranty and liability for damages
9.1 The warranty is generally governed by the statutory provisions of the Federal Republic of Germany. In the event of a defect in the goods, you therefore have the legal options of rectification (e.g. delivery of defect-free goods), withdrawal and reduction. 9.2 Whyzzer's liability for damages towards consumers is limited. Regardless of the nature of the damage, liability for damages is excluded, unless otherwise stipulated below. Fram.d Gallery is only liable according to the legal regulations, if you claim damages based on intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. Whyzzer is only liable according to the legal regulations, if Whyzzer culpably violates an essential contractual obligation. An essential contractual obligation in this sense is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely. Whyzzer is also liable only according to the legal regulations in case of culpable injury to life, body or health; this also applies to the mandatory liability according to the product liability law. 9.3 Towards companies that directly or indirectly participate in sales promotions contrary to § 4, the same limitations of liability for damages apply as towards consumers, with the further limitation that the liability for damages is limited to the foreseeable, contract-typical occurring damage, unless there is liability due to intentional action or due to injury to life, body or health. 9.4 The aforementioned exclusions of liability and limitations towards entrepreneurs or consumers do not apply in the case of the assumption of express guarantees by Whyzzer.
§ 10 Exemption
The user indemnifies Whyzzer from all claims of third parties, which they assert against Fram.d Gallery due to violation of their rights or violations of these GTC, the store regulations or laws when using Whyzzer. In this case, the user shall bear the costs of the necessary legal defense, including all court and attorney fees in the amount incurred. This does not apply if the violation of the rights of third parties or the violation of these GTC, the store regulations or the laws is not the responsibility of the user. In case of a claim by a third party, the user is obliged to provide Whyzzer immediately, truthfully and completely with all information that might be necessary for the examination of the claims and a defense. Delays in the provision of information shall be borne by the user.
§ 11 Copyright and rights of use
The contents of Whyzzer are protected by database law, copyright and trademark law. These contents may not be copied or distributed, used or reproduced in any other way without the prior consent of the relevant rights holders. This applies in particular to copying with the aid of robots, crawlers or other automatic mechanisms. Any use or exploitation for other purposes or modification of the services is prohibited. In particular, the copying or extraction of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be prosecuted under criminal and civil law to the extent permitted by law.
§ 12 Final provisions
12.1 Should individual provisions of these GTC be invalid in whole or in part or contain a gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In such a case, the parties undertake to enter into negotiations with the aim of replacing the invalid or incomplete provisions with provisions that come as close as possible to the originally intended provisions while safeguarding the interests of both parties. 12.2 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of references to foreign law. If you are a consumer, mandatory provisions of the state in which you have your habitual residence shall remain unaffected. 12.3 If you are a merchant, a legal entity under public law or a special fund under public law or if you do not have a general place of jurisdiction in Germany or in another EU member state, the place of jurisdiction for all disputes arising from this contractual relationship shall be Berlin. 12.4 With the exception of the store terms, no ancillary agreements have been made and must be in writing to be effective.