Last update: 1 July 2016
Scope of application
- If services or products are provided by cooperation partners or third parties, the terms and conditions of the partner/third party may also be valid. The user will be separately informed of this before the use of such services or receipt of the products. If third party services or products are conveyed to the user through “vanilla bean”, the contractual relationship for such services or products only arises and applies between the user and the third party.
User group and availability
- The offers and services of “vanilla bean” are freely available to everyone, subject to applicable terms. Use is free of charge, unless payment is indicated for individual services and a contract is concluded between Grünzeug and the user regarding the use of such paid services. For the use of certain services and offers, the user must have previously registered (which will involve providing information relating to the user).
- “vanilla bean” offers the user, among other things, the opportunity to post on “vanilla bean” evaluations of restaurants with vegan offerings by awarding stars and/or with written comments. If a restaurant (or the institution responsible for it) no longer wishes to participate in the evaluation forum, Grünzeug has the right, but is not obligated, to remove the restaurant concerned from it and to remove the comments and evaluations published to date.
- With its registration on “vanilla bean” the user makes an offer to enter into a user contract with Grünzeug. This proposal will be accepted by Grünzeug by means of a confirmation email to the user. Grünzeug has the right to refuse the offer without stating reasons.
Obligations of the use and rights of Grünzeug
- The user must comply with applicable law and not use offers and services from “vanilla bean” for illegal purposes. Any creation, provision of public access, distribution and/or transference of content that is illegal, pornographic, glorifying violence, discriminating, infringing against common decency, anticompetitive, insulting, disparaging, libellous and/or injurious to the rights of third parties (such as creator, trademark, personality, and/or image rights), or false factual claims on “vanilla bean” is prohibited. This includes in respect of all content belonging to the user on “vanilla bean”, such as texts, comments, evaluations, photos, drawings, videos, etc. The user grants Grünzeug a non-exclusive right to make this content publically accessible and to use it in the context of the functions of “vanilla bean” (such as duplication and editing, to the extent that this is technically required by the provision of public access and use).
- The offers and services of “vanilla bean” may not be used by users for commercial purposes. Sending unrequested content on a large scale (spamming and comparable practices) is particularly prohibited. The same prohibition applies for the actions of users that are intended to impair, damage or destroy the functionality, availability or good standing of “vanilla bean” (such as posting racist, violent or sexist contents; manipulation of evaluations; etc.).
- The user is obligated to compensate Grünzeug for all damages that result from an infringement of the above obligations and/or a related infringement against the rights of a third party. Indirect damages and financial losses are included under this compensation obligation. To this extent, the user will indemnify and release Grünzeug from all third party claims.
- The user is obligated to keep its password secret and to carefully protect its access data. It is also obligated to immediately inform Grünzeug if there is reason to believe that its access data is being misused by a third party. Grünzeug will not give the password of a user to a third party and will never ask the user for the password in an email or over the phone. The user is liable for all activities that are performed under the use of his access data. If the access data of the user has been wrongfully used by a third party despite the user having taken reasonable care to protect the data, , it is not liable.
Responsibility for the contents of “vanilla bean”
- Grünzeug will take all reasonable care to ensure the accuracy, completeness, and timeliness of the content, information (such as addresses, opening hours, prices, etc.) and services published in “vanilla bean”, but cannot guarantee such accuracy, completeness and timeliness. Consequently, Grünzeug assumes no liability should information be inaccurate, incompleteness or not available in a timely manner.
- If the user arrives at external Internet sites through links in “vanilla bean”, the responsibility belongs exclusively to the providers of those sites. Grünzeug bears no responsibility for the contents of those sites. Any liability or guarantee by Grünzeug for the contents of the linked sites is excluded. Grünzeug has no influence on current and future alterations of the linked sites.
- Grünzeug also takes no responsibility for the contents of banners and other advertising surfaces. Any liability or guarantee with regard to these contents is excluded.
- Grünzeug observes the statutory data protection provisions. The user’s data will be treated as confidential and Grünzeug will take appropriate measures to protect that data. Disclosure to a third party will only occur if this is permitted by the statutory data protection provisions or if the user consents. The privacy statement from Grünzeug for “vanilla bean” applies.
- All contents, information, images, databases, and services published in “vanilla bean” are protected under copyright law and other intellectual property rights. Usage is only granted for personal, private use. Any further use, particularly commercial duplication, dissemination, or publication for commercial purposes is prohibited.
Term of the contract
- Save to the extent the parties have made special agreements regarding the term and termination of a contract for services ordered by the user, the contractual relationship may be ended by either party at any time without the designation of a reason.
- Termination periods for individual paid services rendered by Grünzeug are shown in the respective special agreements.
- Even if special agreements regarding the term and termination are present, each party has the right to terminate the contractual relationship without termination period in the case of material breach of the applicable contract terms.
- After the end of the applicable termination period, Grünzeug will block the user’s access to “vanilla bean” and may delete the user’s data. Grünzeug reserves the right to continue to use the contents (such as comments and evaluations) posted by the user to “vanilla bean” in an anonymised form.
- In the event that the contract concerned is classified as a commercial business transaction for both parties, Ratisbon is agreed as the place of fulfilment and exclusive place of court jurisdiction; Grünzeug also has the right to file a suit at the user’s location. Mandatory statutory jurisdiction shall remain unaffected.
- The law of the Federal Republic of Germany shall apply. However, this choice of law is only valid with regard to consumers to the extent that they are not deprived of the protection granted by mandatory provisions of the law of the country in which the consumer has their customary residence. The UN Convention on the International Sale of Goods (CISG) is excluded. Only the German language is available for conclusion of contract, if a user does not understand the language of the terms presented to it must not proceed with entry into that contract and Grünzeug shall not be liable nor otherwise deprived of any protection due to the user's failure to understand the language of the presented terms.
Right of cancellation for consumers
Right of cancellation
The user has the right to cancel a contract with Grünzeug entered into online or via other electronic communication without giving a reason within fourteen days. The cancellation period is fourteen days from the date of entry into the contract. To use the right of cancellation, the user must inform Grünzeug at:
by means of a clear declaration (such as with a letter sent by post or email) of its decision to cancel this contract. The user may use the attached sample cancellation form, but this is not mandatory.
The deadline for cancellation is deemed met if the user sends the communication regarding the use of the right of cancellation before the end of the cancellation period.
Consequences of cancellation
If the user cancels a contract for products or services, Grünzeug must return all payments that it has received from the user in respect of the cancelled products and services, including delivery costs (with the exception of additional costs resulting if the user selected a type of delivery other than the standard delivery offered by us), immediately and no later than fourteen days after the day that we received the communication regarding the cancellation of this contract. For this reimbursement, we will use the same method of payment that the user used in the original transaction, unless something else was explicitly agreed with the user; in no case shall the user be charged a fee for this reimbursement.
If the user requested that a paid service should begin during the cancellation period, the user must pay us an appropriate amount, which shall correspond to the portion of the paid service provided up to the time that the user informed us that they would use the right of cancellation with regard to this contract in relation to the total extent of the paid service intended in the contract.
Suspension of the right of cancellation
The right of cancellation does not exist if the user acts in performance of his commercial or self-employed professional activity and should thus be seen as an operator in the sense of § 14 of the German Civil Code (BGB).
Additional important information
The user explicitly agrees that we will begin to deliver digital contents (such as an app) before the end of the cancellation period. The user is aware that this causes his right of cancellation to lapse.
Sample cancellation form:
I/We (*) hereby cancel the contract concluded by myself/ourselves (*) regarding the performance 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 communications on paper)
Information regarding online disputes
- In accordance with the 2013/11/EU guidelines, the EU Commission has established an Internet platform for settling disputes (“OS platform”) between companies and consumers online. This can be reached under the following link: http://ec.europa.eu/consumers/odr