TERMS & CONDITIONS
Scope
These General Terms and Conditions govern the access, browsing and use of the internet platforms run by FOR-ELSE (hereinafter also referred to as “websites”), as well as the use of any services they provide. These Terms and Conditions may be revised from time to time. Such revisions take effect immediately upon their publication on these websites. The currently valid version is the version accessible on the websites at the time the internet user makes concrete use of the websites and their services. By accessing or using any part of the websites or the services they offer, the user agrees to be legally bound by these Terms and Conditions. Otherwise, use of the websites and the services they offer is not permitted. Certain services on the websites, such as the Price and Promo, are additionally governed by their own specific conditions, which are clearly posted in the appropriate places. These specific conditions are valid alongside the General Terms and Conditions and take precedence over them in the case of doubt.
These websites are operated by FOR-ELSE (hereinafter also referred to as “FOR-ELSE”).
Objectives of the Websites
The websites are aimed at end consumers (hereinafter also referred to as “customers”) who purchase, apply for or inform themselves (or each other) about products and/or services online via the internet. On the websites, customers receive price overview and references to the sources of supply of products and services that are offered online by retailers, suppliers and service providers registered with FOR-ELSE, as well as third parties (including white label cooperation partners) (hereinafter also referred to as “Online-Shops”).
The information provided on the websites does not represent any legally binding offer on the part of FOR-ELSE. The information research is widely automated and based to a great extent on information that FOR-ELSE receives from the Online-Shops and third parties (e.g. manufacturers and media). Data from the Online-Shops and third parties is repeatedly updated via automatic processes throughout the day. In individual cases, discrepancies may occur, especially in regard to the prices (which also affects the ranking of the offers), the availability and the delivery times of products and services. Due to the sheer quantity of information to be processed, errors cannot entirely be ruled out, especially in cases where the incorrect information can be attributed to the Online-Shops or other third parties. Therefore, FOR-ELSE cannot assume any liability for the accuracy or inaccuracy of the information provided. This shall not apply if FOR-ELSE is informed about the inaccuracy of the information, through a customer, for instance, and does not correct it or at least take action to have the Online-Shop or third party correct it.
FOR-ELSE hereby expressly emphasises that not all online shops and offers existing on the market are taken into account on the websites. The available selection remains the sole discretion of FOR-ELSE and the Online-Shops. The comparison results serve to provide an overview of the Online-Shops cooperating with FOR-ELSE and make no claim to completeness. FOR-ELSE reserves the right to remove individual products and services from the websites without prior notice to the customers.
Contractual Relationships
FOR-ELSE does not become party to any purchase, service or other contract of any nature made in the course of acquiring the products or services represented on the websites. Contracts involving the acquisition of products or services represented on the websites are concluded exclusively between the customers and the Online-Shops. In the case of such contracts, the respective terms and conditions (including cancellation policies) of the individual Online-Shops apply. When the customer is interested in a product or service, the customer is generally taken via link directly from FOR-ELSE’s websites to the website of the Online-Shop from which the offer in question originates. Before concluding a contract or a purchase, users themselves are responsible for checking whether the relevant data provided by the respective Online-Shop is accurate and up-to-date. FOR-ELSE assumes no liability for whether the products or services, as represented by the respective Online-Shops, can actually be purchased or ordered under the conditions stated by these shops.
All brand names, logos and/or other product designations are registered and protected trademarks or trade names of the respective owners.
User Contributions
The customer can express opinions concerning products and services with text or image contributions (e.g. user reviews, evaluations, accounts of personal experience, news on products) directly on the websites and read and follow the contributions and reviews of other customers, as well as test results and price trends. Participation is not legally enforceable and cannot be required or demanded. FOR-ELSE reserves the right not to publish customer contributions. FOR-ELSE expressly distances itself from third party opinions on the websites and is not liable for them.
With the submission of comments and images (e.g. about Online-Shops, products, services, etc.) the user grants FOR-ELSE the simple, gratuitous, revocable, spatially and temporally unlimited right to use the submitted text or image and the accompanying rating (including the right to modify this content, as long as the editing and modification of this content remain true to the original spirit of the work, and the right to translate it into other languages). The submitter of the content waives the right to be named or otherwise identified as author. The usage rights hereby granted are restricted in their content and scope to what is necessary for the operation, provision and improvement of services at FOR-ELSE.
Indemnification regarding Customer Contributions
The customer will indemnify FOR-ELSE against any and all claims by third parties brought against FOR-ELSE due to alleged damaged incurred through the publication of the customer’s text or image contributions on the websites. The customer will bear the costs of the necessary legal defence (in particular court and lawyers’ fees) that FOR-ELSE incurs through a legal assertion of claims. This does not apply when the customer is not liable for the legal violation.
LIABILITY
FOR-ELSE assumes no liability and makes no guarantee as to the type, completeness and quality of the products, services or information from the Online-Shops and/or other third parties, accessible either directly on the websites or indirectly, via links for instance. In particular, FOR-ELSE assumes no liability and makes no guarantee as to the proper functioning and compatibility of systems, programs, etc., that are not directly part of FOR-ELSE’s services and over which, therefore, FOR-ELSE has no influence. As such, FOR-ELSE cannot assume liability for the accessibility and availability, the graphics, content or other technical design, structure or functionality of the websites of the Online-Shops or third parties or for the products, services or information these third-party websites offer or do not offer.
Intellectual Property Rights
The websites contain data, search results, texts, graphics, software and other information that are protected under intellectual property right provisions, in particular copyright law and trademark law for the benefit of FOR-ELSE and its employees. Reproduction, public distribution, modification and other encroachments on these rights, whether entirely or in part, are only permitted with the explicit written permission of FOR-ELSE, unless a statutory limit applies. Each unauthorised encroachment represents a violation of these Terms and Conditions and will be prosecuted. In particular, the automated reading of databases and websites (e.g. via scraping) and the integration of the contents of the websites in a frame without FOR-ELSE’s permission is not permitted. The user is solely permitted to use the application for the individual comparison of offers from Online-Shops for his/her own private needs.
Place of Jurisdiction and Severability Clause
If the customer is a registered merchant or trader, a legal entity under public law or a special fund constituted as a public law entity, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and FOR-ELSE is FOR-ELSE’s registered office.
If certain provisions of these General Terms and Conditions are or become partially or wholly invalid or ineffective, this shall not affect the validity of the remaining provisions. Any unincorporated or ineffective General Terms and Conditions are replaced by statutory law. Furthermore, the parties undertake to replace the invalid or ineffective provision with an effective provision that comes as close as possible to fulfilling the economic intent and purpose of the invalid provision, as far as a supplemental interpretation is not possible or does not take priority.
