§ 1 Scope
These Terms of Use apply to the legal relationships arising from and in connection with the use of the website accessible under the domain almondia.com (hereinafter referred to as the “Website”) between ABP GmbH Saarbrücker Str. 19, 10405 Berlin (hereinafter referred to as “ALMONDIA”) as the operator of the Website and users of the Website (hereinafter referred to as “Interested Parties”). By using the website, the interested party agrees to the validity of these terms of use in the version valid at the time of use.
§ 2 Services of ALMONDIA
(1) ALMONDIA’s services are free of charge for interested parties.
(2) ALMONDIA offers interested parties on the website the opportunity to design an individual prefabricated house (hereinafter “enquiry”) by specifying numerous criteria, suitable suppliers of houses, prefabricated houses, house accessories and related services such as in particular financing services (hereinafter “supplier”). for the inquiry and to compare these providers and their offers with each other.
(3) If the interested party makes an inquiry via the website, ALMONDIA uses its matching algorithm and on the basis of data that the providers have transmitted or are freely available to search for offers and their providers that match the inquiry at its own discretion shows the prospect this as an overview (hereinafter “hit list”).
(4) ALMONDIA is not obliged to include a minimum number of providers or specific providers in its search pursuant to para. (3) to include. In particular, ALMONDIA is also free to carry out its search in accordance with para. (3) to be limited to providers who have entered into a paid contractual relationship with ALMONDIA for the presentation of their company on the website.
(5) ALMONDIA reserves the right to send the contact details to be provided by the interested party before the hit list is displayed (hereinafter “interested party data”) together with their request by e-mail to selected suitable providers so that they can provide the interested party with further information and offers free of charge and without obligation can provide. In order to provide interested parties with the most accurate information and offers possible through suitable providers, ALMONDIA reserves the right to clarify any ambiguities in the house configuration of the interested party, to contact the interested party if necessary in order to eliminate all ambiguities and, if necessary, to adjust the configuration of the dream house. ALMONDIA is not obliged to forward the prospect data to one or more suitable providers. All providers who receive interested party data from ALMONDIA are contractually obliged to use the interested party data exclusively for the purpose of sending the interested party suitable offers for their inquiry and not passing the interested party data on to third parties.
§3 Obligations of the interested party
(1) Information, materials, images, graphics, search results, text, data, software and other content that ALMONDIA provides on the website or that the interested party receives from providers at his request (hereinafter “content”), the interested party may only personal, non-commercial and for the purpose of identifying and evaluating suitable providers and offers for their request and, if necessary, contacting the relevant providers. Publishing or passing on the content to third parties, public reproduction, modification or other interventions are not permitted. In particular, it is forbidden to automatically read the website or the database used by the website (e.g. by scraping) or to include website content in frames without the express written consent of ALMONDIA.
(2) The interested party undertakes to truthfully enter his/her interested party data in the corresponding contact form.
(3) The interested party undertakes to make inquiries via the website solely on the basis of a specific interest in purchasing a house, prefabricated house, house accessories or related services, such as financing services in particular.
§ 4 Availability of the website
ALMONDIA cannot guarantee that the website or the offers of the providers will be available online without interruption or errors. Without acknowledgment of a legal obligation, ALMONDIA will carry out non-essential server and maintenance work affecting the website outside of main business hours and endeavor to keep the number and duration of interruptions as low as possible.
§ 5 Responsibility for the content of the offers
(1) ALMONDIA’s performance is limited to providing the website as a platform for presenting and comparing the offers of different providers and for forwarding inquiries to suitable providers. ALMONDIA itself does not offer any houses, prefabricated houses, house accessories or related services such as in particular financing services, does not conclude any service, purchase or other contracts with interested parties and is in no way involved in any transactions between interested parties and providers.
(2) ALMONDIA cannot guarantee that the offers presented are actually available from the relevant providers under the conditions presented on the website. All prices and descriptions of services presented on the website are intended solely for the orientation of the interested party and were made available by the provider or taken from publicly accessible sources. These prices and service descriptions do not represent a legally binding offer by the provider to conclude a contract. The providers can only develop and submit legally binding offers for the conclusion of a contract themselves and in direct communication with the interested party.
(3) The providers themselves are responsible for all content posted on the website that describes or presents the providers or their offers. ALMONDIA does not check this content from the providers itself and assumes no liability for its correctness or for the correspondence of the actual offers of the providers with the request of the interested party. ALMONDIA assumes no liability for the content of the providers, in particular not for trademark or copyright infringement.
(4) Beyond the services described in § 2, ALMONDIA does not provide any services and is in no way involved in any transactions or any further business initiation between providers and the interested party. In particular, in the event of any further business initiation (including the first contact) with the interested party, the providers alone are responsible for ensuring that they comply with all legal provisions, in particular applicable competition and data protection law (see Section 8 on data protection law). In the event of disputes between providers and interested parties, ALMONDIA assumes no liability whatsoever.
§ 6 Liability of ALMONDIA
(1) ALMONDIA is liable for damages – for whatever legal reason – in the event of intent and gross negligence. In the event of simple negligence, ALMONDIA is only liable for damage resulting from injury to life, limb or health, or for damage resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of this agreement and on the observance of which the contractual partner regularly relies and may trust); in the event of a breach of an essential contractual obligation, however, ALMONDIA’s liability is limited to compensation for the foreseeable, typically occurring damage.
(2) Any further contractual or legal liability on the part of ALMONDIA is excluded – insofar as it is not mandatory by law, for example by the Product Liability Act – regardless of the legal nature of the asserted claim.
(3) Insofar as ALMONDIA’s liability is excluded or limited, this also applies to the personal liability of its employees, workers, workers, representatives and vicarious agents as well as their liability for their conduct.
§ 7 Newsletter
ALMONDIA offers a regular newsletter. Interested parties have the opportunity to register for this and then receive the newsletter free of charge by e-mail. There is no legal entitlement to the sending of the newsletter. In particular, ALMONDIA can restrict or stop sending the newsletter at any time. The interested party can unsubscribe from the newsletter at any time. The corresponding notification must be sent
by mail to:
ABP Ltd.
Saarbrücker Str. 19
10405 Berlin
Germany
§ 8 Data protection and consent to the use of personal data
(1) The interested party consents to ALMONDIA processing their personal data of interested parties for the purposes specified in Section 2 and forwarding them to suitable providers in accordance with Section 2 (5) in particular, so that they can send the interested party further information and offers by post free of charge and without obligation , by telephone, by fax or by e-mail. The interested party expressly agrees to receive such offers and information from providers via the communication channels mentioned. The consent can be revoked at any time. A corresponding notification must be sent for this purpose
by mail to:
ABP Ltd.
Saarbrücker Str. 19
10405 Berlin
Germany
(2) With regard to data protection, reference is made to which is available in printable form on the website.
§ 9 Customer Reviews
(1) Interested parties can report on their experiences with providers and their offers on the website and give opinions or ratings on this (“customer reviews”) as well as view corresponding customer reviews of other interested parties. The interested party has no right to submit or publish a customer review. ALMONDIA distances itself from published customer reviews, does not adopt them and assumes no responsibility for them.
(2) By submitting a customer review, the interested party grants ALMONDIA the simple, free of charge, revocable right of use that is not limited in terms of space and time (including the right to edit it, insofar as the editing and transformation takes place while maintaining the intellectual individuality of the work). The interested party waives the right to be named as the author. The content and scope of the rights of use granted to ALMONDIA are limited to what is necessary for the operation and provision of services by ALMONDIA on the website.
(3) The respective interested party releases ALMONDIA from any claims asserted by third parties against ALMONDIA due to the publication of his customer review. The interested party has to bear the costs of the necessary legal defense (in particular court and legal costs) of ALMONDIA. This does not apply if the interested party is not responsible for the infringement.
§ 10 Applicable Law and Place of Jurisdiction
(1) The legal relationship between the client and ALMONDIA from and in connection with the use of the website, these terms of use and all rights and obligations arising from them are subject exclusively to German law, excluding international private law and the UN Sales Convention.
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the use of the website by the interested party or these terms of use is ALMONDIA’s registered office, insofar as the provider is a merchant, a legal entity under public law or a special fund under public law.
§ 11 Final Provisions
(1) The invalidity of one or more provisions of these terms of use or other agreements does not affect the validity of the other provisions.
(2) Unless the parties have expressly agreed otherwise in writing, these Terms of Use apply exclusively. General terms and conditions of the interested party only apply insofar as ALMONDIA has expressly agreed to them in writing.
(3) Changes or additions to these Terms of Use must be made in writing to be effective. This also applies to a change or waiver of this written form clause.