GENERAL TERMS AND CONDITIONS TOBALIE PORTAL
Commercial register number: 504383s
Commercial register court: Vienna Commercial Court
UID number: ATU74048737
1.1 These General Terms and Conditions (the “GTC”) apply to the use of the portal (the “Portal”) of TOBALIE GmbH (“Tobalie”) described in more detail below.
1.2 The current version of the GTC is available on the website at https://tobalie.com/de/agb (the “Website”). In connection with any amendments to these GTC, particular attention shall be paid to clause 9.
1.3 Within the framework of the portal, Tobalie offers its customers the opportunity to purchase selected products and to use various services. The portal has a separate premium area, which can be used for a fee. Further information on the individual functions of the portal can be found under point 2.
1.4 Any use of content from the website (for example, texts, images, etc.) requires the consent of Tobalie. All intellectual property rights, e.g. trademark rights, rights to photos, graphics and texts, etc. remain with Tobalie.
2. FUNCTIONS OF THE PORTAL
2.1 The portal offers customers of Tobalie the possibility to create an account under which personal data, findings of animals, invoices, personal interests (favorite breed, favorite places, etc.), pictures, documents, completed tests, etc. can be stored and shared with others (private persons or companies).
2.2 The portal has its own map function (“MAP”), which allows customers to create entries for parks, bag dispensers, bathing spots, hiking routes, etc. Such entries in the MAP must be approved in advance by Tobalie.
2.3 The portal has a map function, which allows customers to find and contact all experts in the pet industry, such as veterinarians, trainers, nutritionists, etc.
2.4 The portal has a “Lost & Found” section. In this area, customers can create animal profiles for missing animals. The customer as the owner of the missing animal can decide for himself which information he would like to display publicly in the course of the advertisement.
2.5 The portal has an online magazine, which includes professional articles written by experts as well as video content.
2.6 The Portal has an online store in which pet products and promotional items are offered.
2.7 The portal has an online breed encyclopedia, which contains basic data on various breeds of dogs and cats.
2.8 The portal has an online pet test, which can be used to filter dog and cat breeds.
3. PREMIUM AREA
3.1.1 The portal has a premium area, which offers customers additional functions for a fee.
3.1.2 The following functions in particular are available to the Customer via the Premium Area:
(a) Free premium trial access for 14 days;
(b) Regular video content on relevant topics related to species-appropriate pet care;
(c) Unlimited storage period of posted/uploaded data/content/information;
(d) Unlimited uploads of documents and image files;
(e) Share animal profiles with other users;
(f) Veterinary data export;
(g) Donation to partner animal shelter (monthly 0,1€);
(h) 5% discount in TOBALIE online store;
(i) No shipping costs in TOBALIE online store;
(j) Special offers for premium users.
4. PRICES AND TERMS OF PAYMENT
4.1 The use of the portal, with the exception of the premium area, is available to customers free of charge.
4.2 The customer has to pay a monthly fee for access to the premium area.
4.3 Depending on the agreed period of use (1 month/ 12 months/ 24 months), the fee is as follows:
4.3.1 For monthly use to EUR 5,60,– per month;
4.3.2 For annual use to EUR 4,30,– per month;
4.3.3 For a period of use of two years to EUR 3.90 per month;
4.4 All prices displayed on the portal are inclusive of VAT, unless expressly stated otherwise. The billing takes place in Euro.
4.5 All invoices are payable immediately upon receipt, unless otherwise expressly agreed. Payment can be made with the following payment methods:
4.5.2 Direct debit
4.5.3 AmazonPay: For the processing of the payment, Tobalie provides an online payment method with the help of which the payment is carried out via Amazon account by a payment service provider. In the case of payment by AmazonPay, the payment becomes due upon conclusion of the purchase contract.
In the event of a default in payment for which Tobalie is responsible, Tobalie shall be entitled to charge reminder fees that are necessary for the appropriate prosecution of the matter and are in reasonable proportion to the demanded amount (however, no more than EUR 10 per reminder). If two reminders have remained unsuccessful, a collection agency will be commissioned with the collection of the claim. All costs incurred by the collection agency and invoiced to Tobalie, the maximum amount of which is specified in the Ordinance of the Federal Minister for Economic Affairs on the Maximum Rates of Remuneration Due to Collection Agencies, shall be charged to the customer who is culpably in default of payment, provided that these costs are reasonable and necessary for the appropriate prosecution of the claim.
4.7 In the event of default in payment, the statutory default interest shall also apply.
5. LIABILITY AND WARRANTY
5.1 In the event of intent, gross negligence, injury to life, limb or health, as well as claims under the Product Liability Act, liability shall be governed by the statutory provisions.
5.2 Tobalie shall only be liable for damages incurred by the customer due to the use of the website in cases of gross negligence. Liability for slight negligence is excluded, unless one of the main performance obligations is affected.
5.3 Tobalie shall not be held liable for any damage resulting from the fraudulent manipulation of a third party that has led to a change in the information available on the website, for any omission on the part of the Client or in cases of force majeure, namely events that are unforeseeable by Tobalie, contrary to the will of Tobalie or arise independently thereof.
5.4 Tobalie accepts no liability for direct, indirect, incidental or consequential damages arising in connection with the use of the website, insofar as Tobalie can only be accused of slight negligence.
5.5 The customer may assert warranty claims within the statutory warranty period for defects pursuant to § 922 ff AGBG.
5.6 The customer can exercise warranty rights in the “My Account” area as well as by letter (to the above address) or e-mail (firstname.lastname@example.org).
6. RIGHT OF WITHDRAWAL
6.1 The customer has the right to withdraw from the contract within fourteen (14) days after conclusion without giving any reason. If the period of fourteen (14) days expires on a Saturday, Sunday, holiday or non-working day, it will be extended until the following working day.
6.2 In order to exercise his right of withdrawal, the customer must, before the expiry of the withdrawal period, inform Tobalie of his withdrawal with an unambiguous message. This can be done using the withdrawal form provided on the website, by letter (to the above address) or by e-mail (email@example.com).
6.3 Tobalie shall refund to the customer all payments received by Tobalie from the customer within fourteen (14) days after the customer has declared withdrawal. The repayment shall be made in the same manner as the payment by the customer.
6.4 The aforementioned provisions on the right of withdrawal do not apply if the customer is an entrepreneur.
7. DATA PROTECTION
7.1 The processing of personal data of customers is carried out in strict compliance with the applicable data protection regulations. You can find more information on this in our data protection declaration under Tobalie | DATA PROTECTION DECLARATION TOBALIE
8.CHANGE OF THE TERMS AND CONDITIONS
8.1 Tobalie reserves the right to amend provisions of these GTC at any time and without stating reasons with effect for the future. Amendments to these GTC that do not exclusively benefit the customer shall be notified to the customer no later than two (2) weeks prior to the proposed date of their entry into force, with reference to the provisions affected that do not exclusively benefit the customer. The customer’s consent to the amendment of the GTC shall be deemed to have been granted if Tobalie does not receive a written objection prior to the proposed effective date.
8.2 Without prejudice to point 1 above, Tobalie reserves the right to amend the provisions of these GTC at any time and without stating reasons with effect for the future, insofar as this is necessary to take account of a changed legal situation or changed case law.
9. CONDITIONS OF PARTICIPATION FACEBOOK RAFFLE
The organizer of this competition is TOBALIE GmbH, Eschenbachgasse 11, 1010 Vienna, Austria. By participating in the competition, the participant agrees to the following conditions of participation. TOBALIE GmbH is responsible for the organization, processing and provision of prizes and distribution of prizes.
9.1.1 This sweepstakes is for consumers only.
9.1.2 This sweepstakes is not affiliated with Facebook and is in no way sponsored, endorsed or organized by Facebook. Any questions, comments or complaints regarding the competition should be directed exclusively to TOBALIE GmbH and not to Facebook. TOBALIE GmbH shall indemnify Facebook against all liability claims relating to the sweepstakes. The recipient of the information provided by the participant is not Facebook, but TOBALIE GmbH.
9.1.3 All references to persons and functions in the masculine form used in these Terms and Conditions of Participation shall also apply in the feminine form.
9.2.1 Natural persons who have their main residence in Austria are eligible to participate.
9.2.2 Employees of TOBALIE GmbH are excluded from participation.
9.2.3 Participation in the competition is not dependent on the purchase of goods or the use of a service. The chances of winning are not increased by this.
9.3.1 The prize for the competition is a product of TOBALIE GmbH.
9.3.2 The announcement will be sent via message/comment on Facebook, by TOBALIE GmbH to the respective winner.
9.3.3 The claim to the prize cannot be assigned.
9.3.4 The prize may also be subsequently revoked or/and reclaimed if it was obtained through manipulation or other violation of applicable laws, other legal provisions or these Terms and Conditions of Participation.
9.4 Implementation of the sweepstakes
9.4.1 Participation in the competition is only possible during the period stated in the posting.
9.4.2 To participate in the sweepstakes, the participant must comment on the sweepstakes posting and like the Facebook page of TOBALIE GmbH.
9.4.3 The drawing will be conducted by the marketing team of the advertising agency inpublic at random and the winners will be notified by message.
9.4.4 The handover of the prize will take place in camera.
9.5 Acceptance of the sweepstakes
9.5.1 The winner will be notified of the prize by TOBALIE GmbH by message. The claim to the prize arises exclusively upon receipt of the written notification of the prize.
9.5.2 The winner must accept the prize within 7 working days by returning a private message from TOBALIE GmbH with his address and full name. If the prize is not accepted within this period, the claim to the prize will be forfeited and the prize will be drawn again by TOBALIE GmbH at its own discretion and, if time permits, among the remaining participants. The winner drawn first is no longer entitled to his prize after the deadline.
9.5.3 The participant is responsible for the accuracy of the data provided.
9.5.4 The prize will be sent to the winner by mail.
9.6.1 The winner gives his express permission for TOBALIE GmbH to publish him as the winner of the competition on the Facebook fan page, stating his name.
9.7 Malfunctions in the process, liability
9.7.1 TOBALIE GmbH reserves the right to interrupt or terminate the competition at any time, taking into account the interests of the participants, if technical reasons make its proper continuation impossible, if there is suspicion of misuse of the game or the TOBALIE GmbH fan page or if the game is inadmissible for legal reasons.
9.7.3 TOBALIE GmbH does not guarantee that the websites on which the competition is offered will function properly at all times, and in particular does not guarantee that the Facebook fan page of TOBALIE GmbH will not be overloaded.
9.7.4 TOBALIE GmbH is only liable for damages caused by TOBALIE GmbH or one of its vicarious agents intentionally or through gross negligence or through the violation of cardinal obligations. This does not apply to damages resulting from injury to life, body or health.
9.8 Responsibility for the content and release from liability
9.8.1 The participant undertakes not to upload any photos or texts that infringe the copyright, personal rights or trademark rights of third parties or that violate competition law or other laws. Furthermore, he/she undertakes to respect the right to his/her own image and texts and not to upload any texts from persons who have not given him/her their express consent. The legal responsibility in this respect lies exclusively with the participant.
9.8.2 The participant assures TOBALIE GmbH that his texts or photos do not violate the rights of third parties or otherwise violate applicable laws.
9.8.3 In the event of an intentional or grossly negligent violation of paragraphs 1 and 2, the participant shall indemnify TOBALIE GmbH against all claims, regardless of their nature, which are raised by third parties due to infringements of rights based on the content published by the participant as part of the competition. In addition, the participant shall reimburse TOBALIE GmbH for the costs of legal defense. This applies expressly and without limitation to claims arising from copyright or trademark infringements, violations of competition law or violations of general personal rights or the right to one’s own image and text.
9.9.1 If the use of the services requires the storage of personal data (for example, participation in competitions), TOBALIE GmbH processes the data disclosed by the user to fulfill the services used by the user.
9.9.2 TOBALIE GmbH will take all reasonable technical and organizational measures to ensure the security of personal data.
9.9.3 The following data is collected from participants by TOBALIE GmbH and stored on a secure server of TOBALIE GmbH – it is only used for the design, implementation and execution of the competition and will not be used for advertising purposes: First and last name of the participant, e-mail address, address.
9.9.4 Each participant is entitled at any time to withdraw their participation in the competition from TOBALIE GmbH (by e-mail to firstname.lastname@example.org) and to request in writing information about their personal data stored by us and any recipients. Likewise, TOBALIE GmbH is obligated to correct, block or delete the data stored about the participant at the participant’s request, provided that other legal regulations (e.g. legal retention obligations) do not prevent this.
9.10 Final provision
9.10.1 The competition is governed by Austrian law, excluding the conflict of law rules. The place of jurisdiction is Vienna.
9.10.2 Should individual provisions within these Terms and Conditions of Participation be or become invalid, this shall not affect the validity of the remaining provisions.
10. FINAL PROVISIONS
10.1 These GTC and the contractual relationship between Tobalie and the customer shall be governed exclusively by Austrian law, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection regulations remain unaffected by this.
10.2 Disputes arising from or in connection with these GTC may be brought by the customer before the court having subject-matter jurisdiction over his place of residence, habitual abode or place of employment.
10.3 The possible invalidity of individual provisions shall not affect the validity of the remaining GTC.