Greenfinder UG (limited liability)
With effect from 01.01.2014
The official and legally authoritative version of this document is the original German text. Should there be any discrepancies between the German and English versions, the German version is definitive.
Registry: Amtsgericht Mannheim
Register number: HRB 714267
VAT ID: DE284840626
Directors: Harry Glatz, Sascha Nachtnebel
Data Protection Official: Sascha Nachtnebel, datenschutz(at)greenfinder.de
The service phone line for Greenfinder UG in Bammental is at your service from Monday to Friday from 9 AM to 6 PM. You are also most welcome to contact us via our e-mail address, email@example.com.
Greenfinder UG (limited liability) operates among other things the website www.greenfinder.de and its sub-pages, via which business and private customers can find information about electro-mobility and, if required, also find out about service offerings in this field.
1.1 These general terms and conditions for Greenfinder UG (limited liability), Industriestr. 78, D-69245 Bammental, Germany, represented by the directors Harry Glatz and Sascha Nachtnebel, henceforth referred to as “Greenfinder UG” or “Greenfinder”, apply for all services and contents offered on the web pages under the URL www.greenfinder.de (“Greenfinder site”) and the associated sub-pages (so-called secondary or tertiary domains) and additional sites (e.g. www.ebike-studie.de) which are specified on the Greenfinder site. These terms apply for simple visitors to the website (“users”) as well as for those visitors who, by entering their personal data, create an account on the website (“members”), together henceforth referred to as “customers”. They also apply if the customer accesses a page using autonomously-acting software, or using any other form of automated access. Greenfinder may in future change these T&Cs, and product descriptions which depend on specific contracts, in particular to comply with changes in regulations or technical circumstances, or to react to changing market conditions, in so far as such changes are not unreasonable for customers. Greenfinder will inform members of significant changes in writing (for example by e-mail) and of any consequences of not objecting. Unless an objection is made, the change will be binding for the member. Should Greenfinder and a member agree access to part of a page for which payment is compulsory, for verification of identity the customer is obliged to provide details of age, authority to act as a user or company representative, contact information and bank details. Excluded from this are services specifically noted as “third party services”, which are provided not by Greenfinder themselves but instead by a third party. For these services, only the general terms and conditions specified by the third party apply.
1.2 Special terms and conditions of use may apply to particular Greenfinder services. Should these special terms and conditions differ from these general terms and conditions, the special terms and conditions take priority.
1.3 These terms and conditions of use do not apply to content for which payment is compulsory, such as Studies or Reports (e.g.: E-Bike Report) and their associated services.
1.4 These general terms and conditions, as well as all special terms and conditions of use, are to be made available to users on the Greenfinder websites, so that users can read them and download them for reference.
2. Range of users
2.1 The range of users will be controlled within the individual services of Greenfinder UG.
2.2 Greenfinder UG reserves the right to introduce access controls for particular services, or to define additional further rules for authentication.
3. Data protection
3.1 Greenfinder UG respects the privacy of its users. Greenfinder UG handles personal data from users responsibly, and will only make such data available to third parties in so far as this is permitted under German Federal Data Protection Act (BDSG) or with the permission of the user.
3.2 Greenfinder UG gives notice that the personal data of its users will be processed electronically.
3.3 Greenfinder UG is permitted to make available anonymised user information to third parties – among them advertising customers and partner organisations – for demographic purposes. These anonymised data may further be used by Greenfinder UG to compile statistics and for trend analysis, and for quality assurance and market research.
3.4 If a service for which registration is compulsory is cancelled, data stored for the user will be deleted with effect from the time of cancellation, unless its further retention is legally required.
3.5 Additional data protection terms and conditions are stated at www.greenfinder.de/ueber-uns/kontakt/datenschutz/ .
3.6 Any user may, without giving any reason and free of charge, access the data held by us on him or her. Current contact details for Greenfinder are available in the “About us” page.
4. Greenfinder services from Greenfinder UG
Greenfinder services from Greenfinder UG are provided “as seen” with no warranty or guarantee. Use of them is free of charge, unless a compulsory charge is specified for a particular service.
5. Compliance with copyright law
5.1 Only content or information for which the user has the necessary rights (especially copyright and related rights) may be published, uploaded or transmitted. Uploading and distribution of illegally acquired data is forbidden.
5.2 The Greenfinder site and Greenfinder services from Greenfinder UG are protected against reproduction and misuse by copyright terms and conditions. Unauthorised reproduction, distribution or publication of these contents, or plagiarism of them, will be pursued by Greenfinder through civil, and if necessary criminal, legal proceedings.
6. Rights and obligations of users
6.1 Each user of the services of Greenfinder UG takes full responsibility for their activities on the Greenfinder site and its associated services.
6.2 Users of the services from Greenfinder.de are obliged to comply with legal requirements, and in particular not to infringe the current laws of the Federal Republic of Germany. Above all, each user undertakes to comply with current child protection regulations. This means that the services of Greenfinder UG may not be used for illegal purposes. It is forbidden in particular to publish, transmit or distribute contents or information which are illegal, especially with abusive, violence-inciting, discriminatory or pornographic contents. This also includes content which may be accessed via links placed by the user.
6.3 Furthermore, the use of offensive content, phrases with dual meanings and indirect references which are suspected to be illegal but where this cannot be definitively determined, is forbidden.
6.4 User activities which are intended to make the services of Greenfinder UG or the Greenfinder site non-functional, or to make its use more difficult, are forbidden and may be pursued via civil or criminal legal proceedings. Any behaviour which could influence the physical or logical structure of the service is expressly forbidden.
6.5 The Greenfinder service from Greenfinder UG may not be used by users for commercial purposes. Irresponsible advertising, including in particular the mass sending of content which the recipient has not requested (especially so-called spamming) is forbidden.
6.6 For the Greenfinder service from Greenfinder UG, which requires no registration or payment, the user has the right to cease their use at any time.
6.7 For services requiring registration, in the case of their account being compromised, the user is obliged to release Greenfinder UG from all claims by third parties which may be made against Greenfinder UG in relation to this matter. In addition, the user must protect their account against unauthorised access by third parties, and must keep their password secret. The user accepts liability for any unauthorised use of their account made possible by their behaviour, insofar as they are at fault. The user must inform Greenfinder UG immediately should they have reason to suspect that their account is being misused.
7. Rights and obligations of Greenfinder UG
7.1 Greenfinder UG carries out no checking of the openly published content and information from users before its distribution, transmission or publication.
7.2 In case of a violation against these terms and conditions of use, or well-founded suspicion of a violation by a user, Greenfinder UG has the right to exclude that particular user and if necessary to delete without notice contents used by or addressed to them. Before locking out a user, Greenfinder UG will send a warning note with an appropriate time period specified, unless the transgression is of such a serious nature that continuing the user relationship is unreasonable for Greenfinder UG.
8. Cancellation of, or changes to services
8.1 Greenfinder UG reserves the right to end, change or otherwise alter services on the Greenfinder site at any time. This also includes making changes to these terms and conditions. In particular Greenfinder UG reserves the right to introduce compulsory charges for specific services. In this case, Greenfinder UG will inform users in advance as appropriate.
8.2 For services for which payment or registration is compulsory, the user may cancel their user agreement for up to 4 weeks after accessing the information about changes to terms and conditions of use or services. This cancellation must be made in writing. Cancellation may also be made by sending a fax with a hand-written signature. Should the user not cancel, the user agreement will continue with the altered terms and conditions.
8.3 Both Greenfinder UG and users have the right, for services which are free of charge but for which registration is compulsory, to end the user agreement with a cancellation notice period of 6 weeks without giving any reason.
8.4 The rights of users according to clause 6.6 should be noted.
8.5 Cancellation rights of Greenfinder UG according to clause 7 are unaffected by this.
Greenfinder UG does not guarantee that its services will be available and error-free at all times. This applies especially when access to the services and the Greenfinder site is disrupted by factors which are beyond the control of Greenfinder UG.
10.1 Greenfinder UG is liable only in so far as Greenfinder UG, its fulfilment agents and/or legal representatives are guilty of malicious or grossly negligent conduct. This does not apply in so far as significant contractual obligations of the contract are damaged by Greenfinder UG, its fulfilment agents and/or legal representatives.
10.2 In the case of minor faults, liability is excluded for Greenfinder UG and/or its fulfilment agents or legal representatives for financial losses with respect to avoidable damage, especially consequential damage, unforeseeable damage or atypical damage, as well as loss of earnings.
10.3 The statutory liabilities set out in law, regardless of negligence or fault, of Greenfinder UG – especially liabilities in regard to product liability law and statutory warranty liabilities – are unaffected by the previously stated limitations of liability. The same applies for the liability of Greenfinder UG for negligent loss of life, bodily injury or damage to health of a user.
10.4 Clauses 10.1 to 10.3 include all contractual and legal requirements which result from this agreement, or from the use of services and/or the Greenfinder site.
11. Right of withdrawal for Greenfinder UG / Stopping of services
Should a user go into arrears with obligatory payments for paid-for service elements, Greenfinder UG reserves the right to temporarily terminate other services, even those for which payment is not required. This may occur in particular to prevent the user from making claims on additional services for which payment is required.
12. Final provisions
12.1 The law of the Federal Republic of Germany applies. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
12.2 No joint venture partnership, employment relationship or agency relationship between Greenfinder UG and any user is caused by this contract or through the use of Greenfinder services.
12.3 Should any of the preceding terms and conditions wholly or in part not become part of a contract, or be invalid, the contract will in its remaining parts remain valid. Insofar as these conditions do not become part of a contract or are invalid, the content of the contract shall conform with the legal requirements of the Federal Republic of Germany. The contract is invalid if complying with it would represent an unreasonably difficulty for the contracted parties with regard to compliance with legal requirements.
12.4 Should the user have no general address for legal purposes in Germany, or in another EU member state, or should the user have changed their fixed residential address overseas subsequent to these terms and conditions taking effect, or if their residential address or usual place of residence is not known at the moment of commencement of an action, then the exclusive place of jurisdiction for all disputes under this contract shall be the location of Greenfinder.