General terms and conditions
1.1 Scope of Application
These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract for all business relations between us of MiDiDiv UG (haftungsbeschränkt), Babelsberger Str. 16, Büroturm Ost, 4 OG, 14473 Potsdam and you. If you use contrary general terms and conditions, these are hereby expressly contradicted.
1.2 Contractual Agreement
Contract language is German.
“Sender” are all persons who wish to have goods transmitted by a traveler.
“Travelers “, on the other hand, are only persons who receive and deliver the goods of the senders (locally or internationally).
Both senders and travelers have to subscribe to use our platform.
Please note that in order to use our platform, you must be at least 18 years old.
1.3 Registration (free user contract)
To use the full scope of our platform, it is first necessary to create an account. Here, the data required for the provision of services by us will be requested. The entries are confirmed by clicking the “Register” button. You will then receive a confirmation e-mail with a confirmation link. Only when you have activated this link, the registration is completed. By registering, you enter into a free user agreement with us.
The password that enables you to access the personal area is to be treated as strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. An account cannot be transferred to other users or other third parties.
1.4 Download via App Store or Play Store
1.5 Ordering a subscription
If you want to become active on our platform as a sender or traveler, you have to take out one of our subscriptions. When ordering via our platform, the booking process then consists of a total of four steps. In the first step, you select the desired subscription. In the second step, you enter your data including billing address and, if applicable, different address. In the third step, you select the payment method. In the fourth step, you have the opportunity to check all the details (e.g. name, address, payment method, desired subscription) once again and correct any input errors before confirming your order by clicking on the “order subject to payment” button. By placing your order, you are making a binding offer to enter into a contract. We will confirm receipt of the order without delay. The confirmation of receipt constitutes our binding acceptance. With the acceptance the contract is concluded.
The text of the contract will be saved by us and sent to you in text form (e.g. by e-mail, fax or post) after you have sent your order together with these General Terms and Conditions and customer information. However, the contract text can no longer be retrieved by you via the platform after you have sent your order. You can use the print function of the browser to print out the relevant page with the text of the contract.
1.6 Conclusion of contract between traveler and supplier
The conclusion of the contract between the traveler and the sender is exclusively between these two parties. We only provide our platform for contacting and processing the contract, but do not become a contractual partner ourselves. In particular, the parties have to carry out the payment processing independently and detached from the platform. We are also not the parties’ contact in the event of complaints regarding the execution of the order. Our platform only provides technical assistance for communication.
The parties must also inform themselves on their own responsibility about the respective travel regulations (e.g. of the respective airline) that could conflict with the order before they conclude corresponding contracts with each other. In particular, the carriage of certain foodstuffs, liquids, weapons, explosive substances, animals, drugs, etc. may be prohibited or subject to certain requirements. The parties must therefore inform themselves before concluding the contract and disclose the goods to be transferred and take appropriate precautions. The traveler must also be aware that during the trip he is responsible to the transport company for the goods he is to transfer.
1.7 Subsequent amendment of the terms and conditions
We are entitled to make subsequent adjustments and additions to the General Terms and Conditions of Business in relation to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment of the terms and conditions shall become effective if you do not object within six weeks after notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment and give you the opportunity to make an express declaration during the period. If you object within the time limit, both we and you may terminate the contractual relationship without notice, unless we allow the contractual relationship to continue under the old General Terms and Conditions.
2 Description of services
We offer a platform on which you, as the sender, can contact travelers and have your goods shipped by them (e.g., take-away on a flight). The conclusion of the contract as well as the processing of the concrete order takes place exclusively between the sender and the traveler. We only provide our platform for contact and communication. In order to use our platform, both the sender and the traveler must be registered and have ordered a paid subscription from us. You are welcome to use our versatile communication channels (e.g. video chat, SMS dispatch) e.g. to present your upcoming trips and to communicate with interested senders.
2.2 Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Time of performance
Unless expressly agreed otherwise, we shall provide the service within 5 days. In the case of payment in advance, the period for performance shall commence on the day after the payment order is issued to the remitting bank. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of performance, the period ends on the next working day.
All prices are inclusive of value added tax.
3.2 Default of payment
You shall be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9 percentage points above the prime rate of the European Central Bank in the case of legal transactions in which a consumer is not involved. If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. We reserve the right to claim damages in excess of this amount. You shall have the opportunity to prove that we have incurred no or less damage.
3.3 Right of retention
You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4. cancellation policy for consumers in distance selling contracts
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (MiDiDiv UG (haftungsbeschränkt), Babelsberger Str. 16, 14473 Potsdam, phone: 015233714948, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
– End of the cancellation policy –
Special information on the premature expiry of the right of withdrawal
Your right of withdrawal will expire prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent to this and you have simultaneously confirmed your knowledge that you will lose your right of withdrawal upon complete fulfillment of the contract by us.
5. your responsibility as a user of our platform
You are solely responsible for the content of your posts or profile. These may not violate any applicable laws, nor these Terms and Conditions with the content. You also undertake not to transmit any data whose content violates the rights of third parties (e.g. personal rights, rights to a name, trademark rights, copyrights, etc.). In particular, contributions or profiles with criminal content may not be published or untrue facts asserted.
You shall indemnify us against all claims asserted against us by third parties on account of such infringements. This also includes the reimbursement of costs of necessary legal representation.
5.3 Data backup
You are jointly responsible for backing up the information sent to us. We cannot be held responsible for the loss of your transmitted information, as we do not provide a general data backup guarantee.
5.4 Mandatory information for your travel offers
As a traveler, you yourself must ensure that you fulfill and properly provide any required mandatory information (e.g., if you offer your service commercially) for your offered trips. We do not become a contractual partner in the contracts concluded via our platform, but merely provide the platform for advertising and contacting.
5.5 Profile data
You are obligated to keep the content and profile information posted by you up to date at all times and to inform us immediately of any misuse of your profile.
5.6 Abusive contributions
Abusive content or posts will be deactivated or deleted by us without prior notice. Such content designs are given, for example, in the following cases:
– for sending spam,
– false and/or incorrect information,
– for sending and saving offensive, obscene, threatening, insulting or in any other way violating the rights of third parties,
– to send and store viruses, worms, Trojan horses and harmful computer codes, files, scripts, agents or programs,
– uploading programs that are capable of disrupting, interfering with or preventing the operation of the service,
– attempting to gain unauthorized access to our service or to individual modules, systems or applications, or granting such access to third parties,
– Content that glorifies violence, is pornographic or otherwise offensive or punishable by law.
In case of recurring violations, we reserve the right to block or delete your account. In this case, payments already made cannot be refunded. The right to extraordinary termination remains unaffected.
6 Term, blocking and termination
6.1 Termination of an account
The free user relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by giving notice to us in text form. With the termination of the free user contract, the profiles and contents assigned to the account will also be deleted.
6.2 Paid subscriptions
The paid subscriptions can be terminated in text form with a notice period of one month to the end of the respective term, without giving reasons. If the contract is not terminated in due time, it shall always be automatically extended by the respective initial term, however, by a maximum of one year. The right to extraordinary termination for cause is not affected by this. After successful termination, your account will be converted into a free account, which you can also terminate under the conditions of 6.1.
6.3 Termination without notice
The right to terminate without notice for good cause remains unaffected. Good cause shall be deemed to exist in particular if
– You have provided incorrect or incomplete information when concluding the contract,
– you repeatedly violate other contractual obligations and do not cease the violation even after being requested to do so by us.
7. Use of content
By placing content in the database, you grant us the right to use this content for an unlimited period of time for placing and holding it in the database and for retrieval and storage by third parties, in particular to store, reproduce, hold ready, transmit, link and publish the content. This may also be done by or in the form of advertising material (in particular linking on social networks, use for commercials, use for your own website or also in printed form, etc.) by us or by third parties. In this case, the author explicitly waives his right to be named. Furthermore, we receive the right to rework the content, especially if it does not meet the above requirements of these terms and conditions.
8. Usability of the services
8.1 Further development of the service / availability
We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the platform operation partially or completely within reasonable limits for the purpose of updating and maintenance. In this respect, we do not guarantee the availability of the services offered at all times and do not warrant that the services offered or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.
8.2 Technical requirements
The use of the platform requires appropriate compatible devices. It is your responsibility to put or keep your devices in a condition that allows the use of the platform services (especially functional internet access).
9. warranty rights for services
The statutory warranty rights apply.
10.1 Exclusion of liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are concerned, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. With respect to entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.
10.2 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
10.3 Data backup
We carry out effective data backups as part of the service provision, but do not provide a general data backup guarantee for the data transmitted by you. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will provide the data backup with the necessary expertise. However, we do not warrant that the stored content or data you access will not be accidentally damaged or corrupted, lost or partially removed.
10.4 Liability for content
As the operator of the platform, we are not liable for incorrect information provided by users / senders / travelers in their posts or profiles. A review of the content posted on our platform (especially with regard to the violation of third party rights) does not take place. However, should we become aware of incorrect, inaccurate, misleading or illegal information, we will immediately review and remove it if necessary. We also do not guarantee the accuracy, timeliness, completeness, quality or legality of content that does not originate from us. We merely make our platform available to you.
11. final provisions
11.1 Place of jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
11.2 Choice of law
Unless mandatory statutory provisions according to your home country’s law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.