Preliminary remark and description of services
- What is ONDEWO? – ONDEWO is a technical internet platform for the short-term award of service contracts. The platform is operated by ONDEWO GmbH (hereinafter: “ONDEWO” or “we”). The details of use are regulated by the following general terms and conditions (hereinafter: “GTC”).
- What does ONDEWO do? – ONDEWO collects inquiries and offers from users about the services to be brokered and brings them together into orders. In order to ensure the successful placement of services through high visibility, ONDEWO publishes inquiries, offers and other user content on other websites, in applications, in e-mails as well as in online and offline advertisements. To use ONDEWO’s services, users must have at least access to the Internet and be registered on at least one communication channel connected by ONDEWO (e.g. Facebook Messenger).
Definitions The following terms are used repeatedly in the General Terms and Conditions and are therefore defined below for better understanding.
- ONDEWO – ONDEWO refers to the internet service operated by ONDEWO GmbH (regardless of the domain accessed or the contact channel used, such as Facebook Messenger, Skype, Amazon Alexa, Google Assistant or other social messaging systems).
- Inquiry – An inquiry is the entirety of the information provided by a consumer about an order to be placed. This information includes, in particular, the description of the content of the order as well as additional information and additional criteria and requirements for the execution of the order (e.g. asking prices, times, location, etc.).
- Offer – An offer is the entirety of the information provided by a service provider about an order to be awarded. This information includes in particular the specification of a time window in which the service provider is available. Based on the available time and their range of services, ONDEWO supports the service providers in putting together possible offers. This includes the merging of information, such as the description of the order content as well as additional information and additional criteria and requirements for the execution of the order (e.g. asking prices, times, location, etc.).
- Order – Order refers to the service initiated between two users of ONDEWO by merging the request and offer.
- User – A user is any person who calls up ONDEWO or parts of it (e.g. websites, social media channels, etc.), regardless of prior registration.
- Member – Every user who has registered with ONDEWO by setting up a member account is a member. As a member, your relationship with ONDEWO is limited to being an independent contractual partner and not an employee, representative or co-entrepreneur of ONDEWO. Members act exclusively in their own name and for their own account and not in the name or for the account of ONDEWO GmbH.
Validity of the terms and conditions / scope
- Scope – These terms and conditions apply to the use of ONDEWO’s German-language offers. By registering on ONDEWO, a user contract is concluded between the user and ONDEWO GmbH, the content of which is based on these terms and conditions. The subject matter of the license agreement is explained in detail under item 5. When registering, the user must expressly declare his consent to the terms and conditions. By agreeing to the terms and conditions by activating the form field or button provided for this purpose, the user who registers recognizes the terms and conditions as a binding part of the usage contract. The current version of the terms and conditions can be accessed via a link at the bottom of the ONDEWO website.
- Relationship between ONDEWO and its users – The terms and conditions are directly binding exclusively between the user and ONDEWO GmbH. Direct legal effects, claims, etc. between users in the sense of a contract in favor of third parties or with protective effect for third parties do not arise from the terms and conditions, unless otherwise expressly stipulated in these terms and conditions. This also applies if the terms and conditions contain provisions that are important for the relationship between users (e.g. regarding the formation or content of contracts).
- Extended regulations – Additional regulations apply to individual functions, services or areas of ONDEWO (e.g. partner programs, payment processing using external payment systems). The member will be informed of such additional conditions before the first execution of the respective function or the first use of the respective service. With the execution or use, the member declares himself in agreement with the respective supplementary conditions and recognizes these as binding for himself. The additional conditions also apply to subsequent uses of the same function or the same service or area.
General provisions for the use of ONDEWO
- Applicable law must be observed – When using ONDEWO, the user must observe and comply with the applicable law and the provisions of these terms and conditions. This applies in particular to the content posted by users on ONDEWO, such as B. Inquiries, offers or reviews.
- Undeclared work is not tolerated – ONDEWO GmbH points out the legal provisions for combating undeclared work. The posting of inquiries and offers that are to be carried out in violation of such provisions or other legal regulations is prohibited. This applies accordingly to preparatory actions aimed at executing an order through undeclared work, such as deleting inquiries and offers or not placing orders.
- Possible fixed prices must be observed – ONDEWO GmbH also expressly points out that both the provision of and the remuneration for services in certain areas (e.g. legal advice, notary services) can be regulated by legal or other provisions. The users are obliged to check the existence of such restrictions on their own responsibility and to ensure compliance with them.
- No circumvention of ONDEWO functions – The transmission of information for personal contact (hereinafter: “contact details”) with other users is prohibited, unless the contact is made by using functions specifically and expressly available on ONDEWO for this purpose. In particular, it is not permitted to bypass such functions by publishing contact data in the context of an order or offer description, in the member profile, in comments or other content posted by a user, including images or other files. In the event of a violation of this provision, section 16.2 applies.
Subject, transfer and termination of the license agreement
- Subject matter of the contract of use – The subject of the contract of use is solely the provision of ONDEWO within the framework of and on the basis of the present General Terms and Conditions, the schedule of fees and any other supplementary regulations (see Section 3.3). The provision of brokerage services in the sense of a brokerage contract are not the subject of the user contract.
- Technical nature of the platform – Due to the nature of the Internet and the dependence on communication channels from third-party providers (e.g. Facebook, Google, Amazon) ONDEWO GmbH cannot guarantee the continuous and uninterrupted availability and accessibility of ONDEWO. There is therefore no entitlement to the provision or maintenance of certain functions or services. ONDEWO can restrict the availability of the ONDEWO platform or certain areas or functions of the ONDEWO platform if this is due to capacity limits, the security or integrity of our servers or to carry out maintenance measures that ensure the proper or improved functioning of the ONDEWO platform, necessary is. ONDEWO can improve, further develop, change the ONDEWO platform and introduce new ONDEWO services. There is no entitlement to the provision or maintenance of certain functions or services. Likewise, there are no binding SLAs (“Service Level Agreements” with regard to availability, speed) between ONDEWO and the users.
- Business nature of the brokerage business – Neither the success of the award of service contracts through the creation of orders between users, nor the advertising effect for inquiries and offers intended by the use of ONDEWO can be guaranteed by ONDEWO. Regardless of ONDEWO’s neutrality, the right to decide on the order of presentation, frequency of presentation, range, target group selection and scope of the information presented for the inquiries and offers posted at ONDEWO. These decisions are also not recommendations.
- Users are responsible for the content of ONDEWO – As the technical operator of ONDEWO, ONDEWO GmbH is not the owner, seller, reseller or provider of the services to be brokered. In addition, ONDEWO does not create, control or manage any offers, inquiries or orders. Users are solely responsible for their offers and inquiries. ONDEWO does not guarantee (i) the existence, quality, security, suitability or legality of offers and inquiries, (ii) the correctness or accuracy of offer and inquiry descriptions, ratings, reviews or other user content or (iii) the performance or the behavior of a user or third party.
- No recommendations by ONDEWO – ONDEWO does not make any recommendations for users or their offers and inquiries. Any indication that a user has been “verified” (or a similar phrase) only indicates that the user has completed a corresponding verification or identification process. This description does not represent a recommendation, certification or guarantee on the part of ONDEWO in relation to a user, their identity, background, trustworthiness, security or suitability. Users should always take the necessary care when initiating orders.
- Binding nature of notifications – notifications that the ONDEWO system sends in connection with an inquiry, an offer or an order serve only to inform the respective user. Insofar as these notifications contain legally significant declarations, they are deemed to have been made for and against the person concerned.
- Contract between users as a result of the mediation – When users make or accept a booking, they conclude a contract directly with each other and thus become contractual partners. ONDEWO is and will not be a party or any other participant in the contractual relationship between users, nor is ONDEWO a representative or vicarious agent of a contracting party, broker or insurance company. Contact person for questions in connection with the order, e.g. B. via payment agreements, appointments or warranty claims, is the other user involved. The fulfillment of the orders takes place exclusively between the users. There is no claim against ONDEWO GmbH to receive and process complaints against other users or to mediate or arbitrate disputes between them, unless the subject of the complaint is the fulfillment of legal or contractual obligations of ONDEWO GmbH.
- Transferability of the user contract – ONDEWO GmbH is entitled to transfer its rights and obligations from the user contract in whole or in part to a third party. It will inform the user about this in good time, i. H. at least four weeks in advance. If the user does not agree to this, he can terminate the user contract without observing a notice period, e.g. B. by deleting the member account.
- Term of the user contract – The user contract is valid without any term restrictions.
- Right to terminate the user contract – The user contract can be terminated at any time without notice, both for the user and for ONDEWO GmbH. With a termination by the user, the user also declares that queries that have not yet been issued at the time of termination are irrelevant. Such inquiries will be deleted by ONDEWO GmbH upon declaration of termination or immediately thereafter. Such measures do not give rise to any claims against ONDEWO GmbH.
Registration / confidentiality of the access data / submission of evidence
- Conclusion of the usage contract – ONDEWO can be used to post inquiries without registration. Registration as a member is required to use other functions (e.g. post offers). There is no entitlement to registration of the user and his activation to use ONDEWO. By clicking the button or ticking the box “Agree to terms and conditions”, a user contract is concluded, the content of which is based on these terms and conditions.
- Suitability of the user – ONDEWO is only allowed to be used by legal entities and natural persons with unlimited legal capacity. Use by a legal person may only be carried out by an authorized natural person who must be named.
- Testing of suitability by users – ONDEWO assumes no liability for the correctness of the data stored by members, such as B. Information on identity, address, qualifications, references or creditworthiness. Every user is therefore obliged to check the relevant data of other users himself if necessary. ONDEWO GmbH will investigate any indications of incorrect information and, if necessary, request the member concerned to correct it or block or remove the information.
General regulations for the initiation of orders
- Prohibition of attempted circumvention – An inquiry or offer posted by ONDEWO may not be placed in any other way during the order initiation phase. If the order is to be placed outside ONDEWO, the user must deactivate the request or the offer beforehand using the function available for this purpose. For details and consequences of deactivation, please refer to section 11 of these GTC.
- Prohibition of accepting attempts to circumvent other users – If a user is offered the execution of an inquiry or offer outside of ONDEWO, he must refuse this and request the respective user to complete the order via ONDEWO. In the event of a violation of this provision, section 16.2 applies.
- Obligation to process orders – If an order has been placed via ONDEWO (see Section 12.1), the users involved as contracting parties are obliged to coordinate the processing of the order. This includes, among other things, going to the location of the service provision as defined in the order according to the agreed service time and, if necessary, contacting the other party. Should mutual contact be necessary, ONDEWO provides either a corresponding function or the direct contact details of the users. A breach of the obligation to coordinate order processing can lead to a warning, negative evaluation, depreciation when placing the order as well as temporary or permanent blocking.
Setting and content of orders by users / prohibited requests
- Binding nature of inquiries and offers – The posting of inquiries or offers represents a binding declaration of interest by the user about the completion of an order. An order is placed in accordance with Section 12.1.
- The user has to describe the order content in offers or inquiries as precisely and completely as possible in order to give ONDEWO a secure basis for merging inquiries and offers. All price information, e.g. B. the asking price are to be related to the entire order. Breaking down the price information on individual items, e.g. B. on a price per unit of time, is not permitted, unless functions provided for this purpose are used. In the event of a violation of this provision, section 16.2 applies.
- Prohibited orders – “It is forbidden to post inquiries and offers that violate applicable law, the rights of third parties, the provisions of the user contract or morality. This applies in particular to inquiries and offers – their content violates the legal provisions to prevent illegal work violates, – which relate to services the offer, sale or advertising of which is prohibited by law (e.g. the organization of unauthorized games of chance), – which have an impairment of the physical integrity of people or animals, are inadmissibly connected with each other or – for which the remuneration for the execution of the advertised service is to be paid exclusively or partially in the form of, for example, a turnover-dependent commission. ONDEWO GmbH reserves the right to block such requests.”
Initiation of inquiries and offers by ONDEWO
- ONDEWO contacts users – If there are not enough inquiries or offers on ONDEWO to enable the initiation of orders, ONDEWO is entitled to contact users on their own initiative in order to determine their interest.
- Users can pause contact attempts – users can pause this contact from ONDEWO for certain periods of time, e.g. if there is no availability or during vacation times, by using the function provided specifically for this purpose.
General regulations on inquiries and offers
- Use of the specified functions – offers and inquiries may only be submitted while using ONDEWO using the functions provided for this purpose.
- Specification of gross amounts – In offers and inquiries, the amount that the user actually invoices or intends to pay when executing the order must be specified. Prices must always be given as gross amounts including the applicable value added tax. This also applies if the contractual partner is entitled to input tax deduction. Users are responsible for taking into account the circumstances relevant to their calculation before specifying a price.
- Prohibition of bogus information – The submission of bogus inquiries and offers with the aim of reducing or avoiding user fees is prohibited. This also includes the division of orders with a fixed total volume into smaller units (see section 8.2), unless functions provided specifically for this purpose are used. Incorrect information on the duration of the service (see Section 13.1) is also prohibited. ONDEWO GmbH points out that a violation of this regulation may be punishable. In the event of a violation of this provision, section 16.2 applies.
- Binding nature of information – The user remains bound to offers or inquiries posted on ONDEWO and not deleted in accordance with Section 11 for the specified period. By submitting an offer or an inquiry, the user therefore undertakes to execute or have executed orders that have been issued and not canceled in due time (regulation with third-party effect within the meaning of section 3.2).
Deactivation of offers and deletion of requests
- Possibilities for cancellation – Until the final award of an order, offers can be deactivated or inquiries deleted using the function provided for this purpose, as long as no order has yet been placed.
- Consequences of a cancellation – Deleted inquiries and deactivated offers can be listed by ONDEWO in the user’s rating profile. With the deletion, the relevant request or with the deactivation, the relevant offer is deemed not to have been posted. By accepting these terms and conditions when registering, each user declares that he / she grants the other users involved in an inquiry a corresponding deactivation or deletion right for this purpose with regard to the respective declarations (inquiry and offer). At the same time, each user waives all claims for expenses or damages that may exist in connection with deactivation or deletion, regardless of who they are against (regulation with third-party effect in accordance with Section 3.2).
Placement of orders / cancellation / consequences of non-fulfillment
- Order through acceptance of offers – In response to an inquiry or in accordance with Section 9.1 ONDEWO puts together a selection of suitable offers for the user making the request. The user accepts a suitable offer by actively confirming it by using the function of the ONDEWO system provided for this purpose. With this confirmation, the user makes a binding declaration of unreserved acceptance of the confirmed offer.
- Information from the provider – The user whose offer was selected will be informed directly by ONDEWO about the acceptance of the offer and the completion of the order.
- Examination deadline and cancellation option – In order to enable both users to check the correctness of the order details and the suitability of the other user, he is entitled, but also obliged, to check the order within 5 minutes of the order being placed (“examination period”). If he does not like the order, it can be canceled free of charge within the 5-minute examination period.
- Consequences of cancellation – canceled orders are listed by ONDEWO in the rating profile of the user who carried out the cancellation. With the cancellation, the relevant order is deemed not to have been placed. By accepting these terms and conditions, each user declares that he / she grants the other users involved in an order a corresponding right of cancellation for this purpose with regard to the respective declarations (request and offer). At the same time, each member waives all claims for expenses or damages that may exist in connection with a cancellation, regardless of whom they are directed against (regulation with third-party effect in accordance with Section 3.2).
- ONDEWO’s role in the case of cancellations – the conclusion and fulfillment of the contract for the orders placed via ONDEWO are based on general contract law. Therefore, functions for awarding an order may only be used in accordance with contractual provisions. The termination of a contract concluded between users is only possible if the relevant legal requirements are met. Insofar as functions for declaring a revocation, withdrawal, termination or similar design rights are made available on ONDEWO after the examination period has expired, these do not establish any rights in the relationship between the users beyond any existing legal rights.
- Consequences if the order is not processed – If, contrary to the provisions agreed in the order concluded, a user does not show up at the agreed service time at the place of service provision defined in the order or refuses to provide the agreed service, this violation by the other user involved in the order is immediately ONDEWO Report to. ONDEWO reserves the right to punish the registered user by issuing a warning, negative evaluation, deprivation of priority when the next order is placed, as well as temporary or permanent blocking. However, this user behavior does not result in a claim against ONDEWO. In particular, no reimbursement of fees is possible at this time.
After the end of the order / evaluation system
- Information about the end of the service – users are obliged to inform ONDEWO about the fulfillment immediately after the end of the order, so that the mutual evaluation process can be started.
- Aim and scope of ratings – users have the opportunity to rate other users involved in an order via ONDEWO’s rating system. Evaluations of the execution of an order placed via ONDEWO or the quality of the communication can only be submitted by the users involved. Evaluations relating to the execution of the order may generally only be submitted after the respective services have been performed in full. If the execution of the order fails due to the fault of a user involved, submitting a negative rating is permitted. The aim of the rating system is to create a meaningful and accurate profile of the performance, reliability and trustworthiness of users.
- Objectivity of ratings – In order to achieve the above-mentioned goal, every user is obliged to only make objective and truthful statements when evaluating other users. Any statements that run counter to the objective of the rating system, in particular inaccurate, unobjective or offensive statements, are to be refrained from and can lead to the complete or partial deletion of the rating, the blocking of the user and / or further appropriate measures.
Usage Fees / Terms of Payment
- List of fees – ONDEWO GmbH charges usage fees for the use of ONDEWO in accordance with the list of fees available on ONDEWO. The user who uses ONDEWO’s chargeable functions is obliged to pay these usage fees. In particular, the creation of an order for the user who created the offer is subject to a charge. The schedule of fees may contain additional regulations.
- Subject of the fee – The user fees are the consideration for the use of chargeable functions when using ONDEWO. ONDEWO GmbH does not make any promises regarding the services provided by way of the relevant function for a specific purpose, regardless of whether this suitability does not exist from the outset or does not apply after the service has been used. The user bears the risk of use. For this reason, fees incurred on the occasion of a successful order are not dependent on the actual execution of the corresponding order. This obligation to pay fees also applies if an order has been placed via ONDEWO, but is not executed afterwards and / or a contract concluded between the members for the execution of an order is canceled after the conclusion of the contract. In individual cases, ONDEWO GmbH can waive the assertion of the fee claim for reasons of goodwill. Such a waiver always takes place without recognition of a pertinent legal obligation.
- Prohibition of fee avoidance – The users undertake to refrain from any measures to avoid user fees. In the event of a violation of this provision, section 16.2 applies.
Responsibility for content / liability of ONDEWO GmbH
- External content – The content of inquiries, offers or evaluation comments and user profiles posted on ONDEWO are created exclusively by the respective users. This is external content for ONDEWO GmbH. The user who posted the respective content is solely responsible for this content. However, if ONDEWO GmbH is informed of possibly illegal content by a specific advertisement or if it gains knowledge of illegal content or related actions in some other way, it will immediately check the corresponding content and delete it or replace it in the event of a justified suspicion of illegality. block access to this.
- Liability of ONDEWO – ONDEWO GmbH is liable for damages, with the exception of the breach of essential contractual obligations (i.e. in particular those obligations that the user could rely on and whose fulfillment enables the proper performance of the contract in the first place) and further, but only towards consumers Exceptions to cases of debtor default or the impossibility of rendering the service for which ONDEWO GmbH is responsible, only if and to the extent that these were caused intentionally or through gross negligence by you, your legal representatives, executives or other vicarious agents. In the case of the aforementioned exceptions as well as those mentioned under section 15.5, ONDEWO GmbH is liable for any culpable behavior on the part of its legal representatives, executives or other vicarious agents.
- Amount of liability – Except in the case of intent or gross negligence on the part of legal representatives, executives or other vicarious agents of ONDEWO GmbH, the amount of liability is limited to the damage typically foreseeable when the contract was concluded.
- Liability details – Liability for compensation for indirect damage, in particular for lost profit, exists only in the event of intent or gross negligence on the part of legal representatives, executives or other vicarious agents of ONDEWO GmbH.
- Liability in accordance with statutory provisions – Exceptions to the aforementioned limitations of liability are violations of express guarantees by ONDEWO GmbH as well as damage resulting from injury to life, limb or health, as well as liability based on mandatory legal regulations.
- No guarantees regarding the scope of functions – ONDEWO GmbH provides ONDEWO in the form and with the functions that are currently available. There is no entitlement to the provision or maintenance of certain functions (see section 5.2). No guarantee is given with regard to the availability of the system. It can temporarily be due to maintenance work or for other reasons in whole or in part, e.g. be restricted with regard to individual functions (hereinafter: “restricted availability”). Liability for consequences of restricted availability – regardless of the nature and for whatever reason – is excluded. As far as the limited availability affects has to carry out tenders, for example because an inquiry cannot be posted or an offer cannot be submitted because z. For example, if an inquiry expires in a period of limited availability, no claims against ONDEWO GmbH arise from this.
Flat rate damages / other sanctions / exemption
- Sanctions – ONDEWO GmbH reserves the right to impose the following sanctions in the event of violations of these terms and conditions:
- Reasons for sanction – “In the event of a violation of the provisions of – Section 4.4 (impermissible transmission or publication of contact details), – Section 7.2 (no rejection of offers and inquiries made contrary to Section 7.2), – Section 8.2 and Section 10.3 (prohibition of submission of bogus offers and inquiries), – Clause 14.6 (prohibition of circumvention of user fees) or – Clause 16.6 (prohibition of new registrations after blocking), the user in question – if several users are involved as joint debtors – is obliged to contact ONDEWO GmbH to compensate for the with the pursuit of such a violation to pay damages in a lump sum, unless he is not responsible for the violation. The calculation of the damages is based on clauses 16.3 to 16.4. ONDEWO GmbH reserves the right to additional damage. The user reserves the right to provide evidence of lower damage.”
- Amount of sanctions in relation to orders – If a breach of the provisions mentioned under section 16.2 was committed in connection with a specific offer, it amounts to three times the usage fee that would have been incurred if the order had been placed via ONDEWO. The user is entitled to have the assessment checked by the competent court.
- Amount of sanctions in other cases – Insofar as a violation of the provisions mentioned under section 16.2 was committed regardless of a specific request, e.g. B. through content published in a member profile, the lump sum compensation amounts to 250.00 EUR. In the event of persistent violations, this amount increases by EUR 50.00 per calendar day.
- Blockings – “In addition, ONDEWO GmbH is entitled to block or delete non-contractual inquiries, offers, reviews or other non-contractual content in the event of a violation of the terms and conditions – depending on the type of violation – without prior notice or justification, or in violation of the contract to exclude cautious users temporarily or permanently from the use of ONDEWO (“blocking”) or to take other measures at their own reasonable discretion that are suitable to end or prevent such violations. ONDEWO GmbH will take the legitimate interests of the members concerned accordingly A violation occurs in particular if – the user deliberately provides false information; – offers or inquiries are posted for which it is certain from the outset or is obvious that they cannot be carried out at the specified price, or for which the price quite considerably out of proportion to the content of the request age stands; – Orders placed on ONDEWO are to be awarded in a different way than intended on ONDEWO; – Insulting, unfounded derogatory or otherwise unobjective entries are made in the rating system; – the user does not settle fee claims, does not settle them in full or on time, or if – the user makes statements or takes other actions that are likely to harm ONDEWO GmbH or ONDEWO in any way.”
- Prohibition of re-registration after blocking – Blocked users are prohibited from further using and re-registering on ONDEWO.
- No obligations on the part of ONDEWO in the event of culpable user violations – The user holds and indemnifies ONDEWO GmbH from all claims, costs and damage to which ONDEWO GmbH is exposed in connection with a culpable violation by the user of his obligations in the user relationship, in particular in the case of claims Third parties for violation of their rights, e.g. B. industrial property rights or personal rights including the costs incurred during processing and legal defense (e.g. internal processing costs as well as lawyer and court fees).
- Information about data processing – In order to properly carry out the initiation of an order, in particular to comply with the notification obligations under these terms and conditions, it is necessary to save and process the personal data of the users. ONDEWO GmbH guarantees the confidential handling of this data in accordance with the relevant statutory provisions on data protection and otherwise in accordance with the data protection declaration (see ONDEWO website).
- Rights of use to the data provided – In order to better place offers and inquiries and to better merge inquiries and offers, ONDEWO collects, aggregates, stores and uses information (e.g. text content and images) from sources made available by users . This includes, among other things, the release of information from social media, users’ own websites or public reviews of users on other platforms (e.g. Google. Facebook, Tripadvisor, Yelp). Users are obliged to provide ONDEWO only such information that ONDEWO is subsequently allowed to use, save and use on all channels, without restriction in terms of time and location, and without limitation for the purpose of initiating orders and marketing ONDEWO. The user is responsible for any copyright violations resulting from failure to observe this provision.
- Data protection provisions of third-party services – The data made available to ONDEWO are collected, forwarded and partially published in the interests of the user to initiate orders via the communication channels and platforms of third-party providers (e.g. Facebook Messenger, Skype, Amazon Echo, Google Assistant). ONDEWO has no influence on the storage and use of user data by these third-party providers. The data protection regulations and terms and conditions of the third-party providers with whom the users have concluded separate usage agreements apply.
- Confidentiality regarding data of other users – When making information available for ONDEWO, the user agrees that ONDEWO may share this information with other users and third parties in order to enable the initiation of orders and to market ONDEWO. Each user is therefore obliged to only disclose the data that he believes is necessary for the initiation of orders and that can be safely shared with other users. All users are obliged to maintain secrecy about the personal information of other users. A violation (e.g. by publishing data from other users) can lead to sanctions in accordance with Section 16.
- Reference to data protection regulations – The use of ONDEWO requires the separate consent of the user for data processing. At the request of a user, his personal data will be deleted from ONDEWO, unless they are required for the processing of orders including the usage fees to be paid to ONDEWO GmbH. The user is advised that the deletion of personal data may restrict or exclude the usability of ONDEWO. Furthermore, ONDEWO cannot delete data on third-party platforms.
- At the request of a user, his personal data will be deleted from ONDEWO, unless they are necessary for the processing of orders including the usage fees to be paid to ONDEWO GmbH. The member’s attention is drawn to the fact that the deletion of personal data may limit or exclude the usability of ONDEWO. Furthermore, ONDEWO cannot delete data on third-party platforms.
- Permissible form of communication – All declarations relating to the usage relationship must be submitted in writing or text form (email or letter). The contact information of ONDEWO GmbH can be found in the provider identification (imprint on the ONDEWO website). The user’s contact information is those that the user used to contact ONDEWO. Declarations sent by ONDEWO GmbH to this contact information by e-mail or fax are deemed to have been received at the time of dispatch, declarations sent by post two days after dispatch, unless the user can provide evidence of a later access time.
- Communication by e-mail – If communications between ONDEWO GmbH and a user or between users are sent by e-mail and thus in text form, the user acknowledges the unlimited effectiveness of the declarations of intent transmitted in this way.
- Email details – The email must contain the name and email address of the sender and the time of sending (date and time).
- Email encryption – ONDEWO points out that confidentiality for unencrypted data, information etc. is not guaranteed on the Internet. If desired, the communication can be encrypted using a standard encryption method.
- Email sender – An email received within the scope of the above provisions is deemed to have originated from the owner of the sender address, subject to proof to the contrary.
- E-mail liability – The e-mail, and thus the text form, is binding for all declarations that are involved in normal contract processing. Text form, on the other hand, is excluded for declarations that are expressly requested in writing by a contractual partner in deviation from this agreement.
Cancellation policy for consumers
- Right of revocation – You can revoke your contractual declaration within two weeks in text form (e.g. letter, fax, email) without giving reasons. The period begins after receipt of this instruction in writing, but not before the conclusion of the contract and also not before the fulfillment of our information obligations according to § 4 FAGG. The timely sending of the cancellation is sufficient to meet the cancellation deadline. The revocation must be sent to: ONDEWO GmbH, Neubaugasse 21/2/29, 1070 Vienna or email@example.com
- Consequences of cancellation – In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you cannot return the received service in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation, for us with its receipt.
- Special notes – In the case of a service, your right of cancellation expires prematurely if your contractual partner has started to perform the service with your express consent before the end of the cancellation period or if you have arranged this yourself. – End of revocation
Final provisions / applicable law / place of performance / place of jurisdiction
- Time zone – The time zone UTC + 1 (CET: Central European Time = MEZ: Central European Time) or – during summer time – UTC + 2 (CEST / MESZ : Central European Summer Time).
- Applicable law – If the user is an entrepreneur, this user contract is subject to the substantive law of the Republic of Austria, excluding the United Nations Agreement on the International Sale of Goods. If the member is a consumer, this only applies if there are no mandatory statutory provisions, in particular consumer protection provisions, to the contrary.
- Place of fulfillment – The place of fulfillment for the mutual services from the usage relationship is the seat of ONDEWO GmbH specified in the provider identification (imprint on the ONDEWO website). If the user is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law or if there is no general place of jurisdiction in the Republic of Austria, the place of jurisdiction for all disputes in connection with the use of ONDEWO is also the one in the provider identification ( Legal notice on the ONDEWO website) stated seat of ONDEWO GmbH.
- GTC changes – The GTC in the version valid at the time of registration become part of the user contract between the user and ONDEWO GmbH. However, ONDEWO GmbH is entitled to change the terms and conditions at any time with effect for the future in compliance with the following procedure. Users will be informed of such changes by email or text message via connected social networks (e.g. Facebook Messenger) 21 calendar days before the changes are planned to take effect. Every user can object to the changes in writing or in text form (e.g. by email) within 21 days of receiving the information. If there is no objection and the user continues to use ONDEWO after the objection period has expired, or if the user agrees to the changes in advance, the changed provisions will take effect. The posting of an inquiry, an offer or an evaluation comment as well as any other active use of ONDEWO functions with the exception of a mere contact by the member after receiving the information about the intended changes to the terms and conditions also counts as consent. When providing this information, ONDEWO GmbH will inform users of the aforementioned deadline and the legal consequences of its expiry if the option to object is not taken. If the user objects in writing or in text form in due time, the user contract will be continued under the previous conditions. The contractual rights of the parties to terminate the user contract remain unaffected.
- Out-of-court complaint management – In the event of complaints, suggestions and other feedback, users can contact ONDEWO at any time by post (according to the website’s imprint) or by e-mail (firstname.lastname@example.org).
- Severability clause – If a provision of these terms and conditions is or becomes ineffective, the remaining provisions remain in effect. The parties to the user relationship will replace the ineffective provision with one that comes closest to the will of the contractual partner in economic terms. In the case of loopholes, this applies accordingly.