General terms and conditionsfor the use of hobby2love.de

Introduction

The following General Terms and Conditions apply to all services offered by hobby2love e.K., owner: Sandra Grohmann, Bispinweg 1, 48324 Albersloh-Sendenhorst (hereinafter “Service Provider” or “SP”). The services of hobby2love e.K. are offered exclusively to registered users of the hobby2love.de website.
Registration on the hobby2love.de website (hereinafter “website”) and the possible acceptance of services from hobby2love e.K. on this website is only permitted for natural persons who have reached the age of 18 and who are consumers within the meaning of Section 14 of the German Civil Code (BGB).
A “consumer” within the meaning of Section 14 of the German Civil Code (BGB) and thus also these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

Commercial use is excluded. Violations will result in the removal of the user account.

Insofar as the following provisions relate to the contractual relationship between SP and a user, the term “customer” is used for the user in order to distinguish the user from third party users and other third parties.

1 Subject matter of the contract

1.1 The SP offers the customer a variety of services which the customer can use after successfully registering on the SP's website. Some of the services offered by the SP are offered for a fee and some are offered free of charge. The descriptions and conditions of the individual services can be found on the SP's website.

1.2 Following registration on the website, the SP grants the customer the opportunity to get to know other SP users free of charge via the database provided by the SP. The database, in which the customer also registers by signing up, is a form of “social media” in which the customer is given the opportunity to introduce himself to other users by means of a self-description, among other things, and to make contact with them.

1.3 The services offered by the SP, in particular the customer's registration on the website, are not an attempt to arrange or initiate a marriage. The object of the contract is exclusively the provision of opportunities to make contact, the purpose of which is left to the customer's discretion.

2 Conclusion of contract

2.1 A contract between the SP and the customer is concluded by registering on the website and the associated creation of a user profile. To register, the customer must enter the data provided on the registration sub-page (e-mail address and password) and follow the steps specified there (creation of a user name).

2.2 The conclusion of the contract, which takes place through registration, initially establishes a contractual relationship free of charge. Following registration, the customer may make use of the free services offered by the SP under the terms of these GTC.

2.3 In addition to the free services, the customer has access to further paid services of the SP, which are also subject to the provisions of these GTC. For this purpose, the customer must take out a “Premium Subscription”. The customer can find the services covered by the “Premium Subscription” and its price in the corresponding information on the website. The “Premium Subscription” is concluded when the customer clicks on the button provided on the SP website to conclude the “Premium Subscription” and then follows the steps required for conclusion (data entry; confirmation of paid subscription; successful payment).

2.4 The customer must pay the fee due for the conclusion of the “Premium Subscription” via “PayPal Checkout”. For this purpose, he will be redirected to a page of the third-party provider where he must follow the steps required to successfully initiate the payment.

3 services

3.1 Registration and creation of a basic customer account on the website is free of charge. The customer account can be customized within the scope of the given settings. In addition to the option of uploading a profile picture, customization includes the specification of parameters (e.g. hobbies, interests) on the basis of which the customer receives suggestions for new contacts. The customer can use the database of existing contacts free of charge after registering and logging in to the website with their user account. Contacting other SP customers via the database is also possible free of charge. The customer has the option of assigning a “Like” mark to another user account.

3.2 The customer can also use the messaging function free of charge to a limited extent, provided he is logged into his user account. The free use of the messaging function is restricted in such a way that only a certain number of messages can be sent within a specific period of time.

3.3 For a monthly or annual fee, depending on the selected option, the customer can take out a “Premium Subscription”, with which the customer can use services of the SP that are not available within the scope of free use. In addition, the customer can also make use of SP services that are only available to a limited extent as part of free use. The benefits of using the SP's services for a fee include, for example, unrestricted use of the messaging function. A detailed description of services is available on the SP website.

3.4 The monthly fee for the “Premium Subscription” is based on the current price list on the SP website. The duration of the subscription is at least one month. The term of the “Premium Subscription” is automatically extended if it is not canceled within the notice period. After termination of the “Premium Subscription”, the customer retains his user account and the free contractual relationship established by registration on the website continues to exist.

3.5 The SP may change the services it offers, whether for a fee or free of charge, at any time during the term of the contract. If the SP changes the scope of services, the customer has the option of terminating the contractual relationship with immediate effect.

4 Availability

4.1 The availability of the website and the services of the SP is 99% on an annual average. The annual average is calculated on the basis of a calendar year.

4.2 Availability exists 24 hours a day, seven days a week, taking into account the provisions of no. 4.1.

4.3 Periods of non-availability within the meaning of clause 4.1 do not include downtimes due to maintenance and software updates or downtimes due to reasons outside the sphere of responsibility of the SP (e.g. force majeure, fault of third parties, lack of technical requirements for use by the customer, etc.).

4.4 If the customer is unable to use a service provided by the SP, the customer must inform the SP accordingly. The SP shall check and rectify the restriction of availability within a reasonable period of time (approx. 5 working days), provided that the restriction is attributable to the SP. If the restriction is not rectified within the aforementioned period and the customer sets another deadline for rectification, the customer may terminate the contract without notice if the SP does not rectify the restriction within the deadline set by the customer. The termination is accompanied by a refund of the portion of the remuneration already paid for the remaining period of the “Premium Subscription”. Insignificant impairments of the SP's services are not covered by this provision.

4.5 Availability in accordance with No. 4.1 can only be guaranteed if the customer uses devices and software (in particular browsers or “OS” (operating systems)) that are state of the art and on which the latest updates are regularly installed. The use of outdated technology may lead to restrictions in use.

5 Termination; extension of contract

5.1 The customer may terminate the free contractual relationship with the SP established by registering on the website within the following notice periods:

• Subscription for one year: termination at the latest one month before the end of the contract period
• Subscription for one month: Cancellation at the latest one week before the end of the contract period

Notice of termination shall only be deemed to have been given in good time if it is received by the SP no later than the aforementioned dates, depending on the duration of the subscription. If notice of termination is not given in good time, the
“Premium Subscription” will be extended by the duration of the current subscription.
If the free contractual relationship established by registration on the website is terminated, the user account will be deleted.

5.2 Notice of termination must be given in text form. For this purpose, the customer can use the termination button in the profile, which can be accessed via the member area.
The customer may also send a letter of termination signed by him/her, stating his/her intention to terminate the contractual relationship described in more detail in clause 5.1, to the address of the SP stated in the legal notice. The customer is also free to send his termination notice by e-mail to support@hobby2love.de. In order to avoid misuse, the terminating party must state both their user name and the e-mail address stored in their profile (if the termination is not sent via this e-mail address) in their letter.

5.3 The “Premium Subscription” can be canceled by using the cancellation option available in the user interface of the profile. Provision 5.2 applies accordingly.

5.4 After successful termination of the “Premium Subscription”, the customer retains their user account and the contractual relationship established by registering on the website remains in place. The customer has the option of taking out a new “Premium Subscription” at any time. The termination shall take effect upon receipt by the SP.

6 Warranty; liability and limitations of liability

6.1 During the term of the contract, the customer is entitled to the statutory warranty rights.

6.2 The SP shall be liable in accordance with the statutory provisions for all damage culpably caused by it, its representatives or vicarious agents in cases of intent and gross negligence.

6.3 In the event of simple negligence, the SP shall only be liable for damages resulting from the breach of a cardinal obligation (cardinal obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely). In this case, the amount of liability is limited to the foreseeable damage typical for the contract, unless another of the cases of extended liability listed above applies at the same time.

6.4 Excluded from the provisions in 6.2 and 6.3 are claims for damages by the customer in the event of injury to life, limb or health, in the event of damage covered by the Product Liability Act.

6.5 The SP shall not be liable for incorrect information that a customer saves during or after registration so that it can be viewed by other customers (hereinafter “public user data”). The customer saving the public user data is solely responsible for the accuracy of this data. The SP has no influence over the accuracy of this data and cannot be held responsible for any inaccuracies.

6.6 Liability for unsuccessful attempts by the customer to contact other users is excluded. Whether a user wishes to communicate with the customer is solely at the discretion of the contacted user. The SP has no influence on this and only provides the technical framework to enable the customer's request to contact a user. The customer has no right to contact another user.

6.7 The liability of the SP in the event of misuse of data or information that the customer has either stored in his user account for public viewing or communicated privately to another user via the messaging function is excluded unless the damage caused by the misuse is directly attributable to a culpable act by the SP. Liability for damages caused by misuse of this data by other users is excluded, as the SP has no influence over this. Liability for damages to the customer that are attributable to misuse of this data by third parties is also excluded, unless the third party has obtained the data through culpable conduct attributable to the SP.

6.8 The SP is not liable for the loss of messages by the customer if the customer does not back up his messages at regular intervals on his own storage medium.

6.9 The SP is not liable for the limited usability of the services offered by it due to technical problems on the part of the customer.

7 Obligations of the customer

7.1 Data provided by the customer during registration or in his user account must be truthful.

7.2 The customer may use the services of the SP exclusively for private, but not for commercial purposes. Contacting other users for commercial or business reasons is prohibited.

7.3 The customer is not permitted to automatically (e.g. with the help of crawlers) or manually read and process publicly visible or privately entrusted data of other users for the purpose of use in the context of analysis procedures or for commercial or business purposes.

7.4 The customer shall indemnify the SP against all third-party claims of any kind that are asserted against the SP due to the customer's registration on the website or due to the acceptance of services from the SP.

7.5 The customer shall indemnify the SP against any liability and other claims of third parties of any kind, insofar as these are based on damages that arise or have arisen due to unauthorized actions, the violation of personal rights or other intangible rights, the loss of use by other users, violations of the provisions of these GTC, the violation of intangible goods or other rights.

7.6 The customer must inform the SP immediately and without culpable delay if it is no longer interested in further communication by other users, so that the SP can remove the customer from its database. Alternatively, in the case described above, the customer himself has the option of deleting his user account using the functionality in the “Edit profile” area.

7.7 The customer must retrieve messages from the SP or other users at regular intervals and, if the customer does not wish to accept the loss of the messages, back them up on their own storage medium. All messages stored on the SP's server shall be deleted.

7.8 The customer is prohibited from using the services of the SP in an improper manner. In particular, it is prohibited to

• to disseminate immoral or obscene, pornographic or politically radical content and/or photos (irrespective of their orientation on the political spectrum)
• to disseminate defamatory, offensive or otherwise unlawful material and/or unlawful information;
• make threats not to infringe the rights of other users or to harass them;
• upload data that
  o contain or install harmful software (viruses) or
  o are protected by copyright, unless the uploader has the necessary rights of use or the consent of the copyright holder;
• use the services of the SP in a way that is detrimental to the usability of the services of the SP for other users;
• intercept messages or e-mails from other users, whereby even the attempt to intercept is prohibited;
• to use e-mails or messages via the SP's messaging system for purposes other than communication, i.e. not to send messages or e-mails for commercial or advertising purposes to other users or third parties (exception: SP consents);
• to send chain letters;
• to provide personal data (e.g. first name and surname, address, contact details, etc.) in the description in the context of contact requests, unless this information is requested.

7.9 Violations of the prohibitions mentioned in No. 7.8 may result in an extraordinary, immediate termination - in the case of minor violations, a prior warning may be required. If necessary, the SP shall ask the client to comment beforehand. The SP expressly reserves the right to take civil and criminal action. In addition to termination or a prior warning, the SP may also temporarily or permanently block the customer's access to his/her user account. In the event of a temporary block, if the customer has taken out a “Premium Subscription”, the customer is still obliged to pay.

7.10 The customer is also obliged to settle any payment obligations he has towards the SP on time. If the customer is in arrears, the SP has the right to terminate the contractual relationship immediately.

8 Support

8.1 Contact is made by the SP in the customer's user interface after the customer has registered on the website. In certain cases, the SP may also use the customer's e-mail address provided during registration, which can be subsequently changed.

8.2 The customer can contact the SP via the e-mail address given in the legal notice of the website or by post using the address given in the legal notice.

8.3 If the customer wishes to contact the SP in one of the ways mentioned in No. 8.2, he must - in order to enable identification - state his user name, the e-mail address he provided when registering on the website and the address he provided.

9 copyrights

9.1 hobby2love e.K. is the author or sole rights holder of all rights of use (in particular rights to reproduction, distribution, processing, transmission, etc.) to all content available on the website as well as the website itself (e.g. front and back end, etc.).

9.2 No transfer of rights to customers shall take place. The parties are at liberty to conclude a separate, express and written agreement on this.

9.3 After conclusion of the contract, the customer shall only acquire a simple, exclusive, non-transferable right to use the content that can be used on the website for customers (e.g. messaging system, database) for the duration of the contractual relationship, exclusively for the purposes specified in these terms and conditions.

10 Deadlines

10.1 The customer must raise objections to the amount or the reason for the items invoiced to him within a period of six weeks after the debit has been made or after receipt of the invoice (the earliest time triggering the deadline). If the customer does not raise objections within this period and justify them, he can no longer subsequently invoke the objections.

10.2 If the customer raises justified objections, he will either be refunded the payment(s) on the basis of which the objections were raised or the customer will be granted an extension of his “Premium Subscription” to an extent comparable to the amount against which he has raised objections.

10.3 If the customer has successfully raised objections, he may set the SP a deadline of 5 working days to decide and implement the consequences in accordance with No. 10.2. If the SP does not comply with this deadline, the customer may claim payment of the amount affected by the objection instead of the consequences specified in No. 10.2.

11 right of withdrawal

Consumers (see introduction for definition) have a right of withdrawal in accordance with the provisions of distance selling law.

As a consumer, you have the right to revoke your contractual declaration in accordance with the following instructions:

- Cancellation policy -

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must contact us at

hobby2love
- Revocation -
Bispingweg 1,
48324 Albersloh-Sendenhorst
Phone: +49 1575-0976763
support@hobby2love.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.

- End of the withdrawal policy -

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back to us).

hobby2love
- Revocation - Bispingweg 1,
48324 Albersloh - Sendenhorst
Phone: +49 1575-0976763
support@hobby2love.de

• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for notification on paper)
• Date

(*) Delete as appropriate.

- Note on the exclusion or expiry of the right of withdrawal - 

The right of withdrawal expires before the end of the withdrawal period if

• you have given your consent for us to commence performance of the contract (provision of our services) before expiry of the withdrawal period,
• you have confirmed that you are aware that your right of withdrawal expires when our services commence and
• we have commenced performance of the contract.

We will therefore only begin with the execution of the contract once you have given us the above consent and confirmation or after expiry of the withdrawal period. You can declare your consent and provide confirmation by clicking on the checkboxes provided for this purpose when concluding the “Premium subscription”. This is still possible at a later date in your user profile. Once consent has been given, it cannot be withdrawn.

12 Applicable law

12.1 The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply. This choice of law shall not apply to consumers if the protection afforded by mandatory provisions of the country in which the consumer has his habitual residence is thereby withdrawn.

13 data protection

13.1 Information on how we handle your data can be found in our detailed privacy policy at the following link

www.hobby2love.de/datenschutz

14 Confidentiality

14.1 The customer is obliged to maintain secrecy about all e-mails and other messages from the SP and other users and to treat them with absolute confidentiality. He may not make them accessible to third parties without the prior consent of the respective originator. The same applies to all other data that the customer obtains from the SP, from other users or from third parties.

14.2 If the customer breaches his duty of confidentiality, the SP can and will initiate civil and criminal proceedings and support other users, should they also be affected, in asserting claims or taking further steps.

15 Final provisions

15.1 The SP may commission third parties and vicarious agents to fulfill its performance obligations, provided that the SP is not personally obliged to provide the respective service and the customer does not suffer any disadvantages as a result.

15.2 The General Terms and Conditions may change over time. The SP does not save all versions. The customer is therefore obliged to archive the version of the General Terms and Conditions valid at the time of the conclusion of the contract with the SP.

15.3 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

15.4 Responsible for the content is hobby2love e.K., Sandra Grohmann, Bispingweg 1, 48324 Albersloh- Sendenhorst.

Status: August 2024