§ 1 Scope of application
(1) These terms and conditions govern the use of the tipBerlin Food App. They apply regardless of whether the use is free of charge (eg as part of a trial subscription) or paid for.
(2) The tipBerlin Food App is an offer of Tip Berlin Media Group GmbH (hereinafter referred to as “Provider”). In the relationship between the “Provider” and the user of the tipBerlin Food App (hereinafter referred to as the “User”), the following terms and conditions apply in their respective effectively agreed version.
§ 2 Definitions
(1) The terms “consumer” and “entrepreneur” correspond to the legal definitions in §§ 13, 14 BGB. Accordingly, the user is a “consumer” insofar as the use or purchase of the tipBerlin Food App cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, “entrepreneur” means any natural or legal person or partnership with legal capacity who, when using the tipBerlin Food App or concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
(2) The term “marketplace” refers to the shops (shops) of marketplace operators such as Google (“Google Play Store”) and Apple (“App Store”) where users can select the tipBerlin Food App and download it for installation.
§ 3 Use of the tipBerlin Food App; Subscriptions; Termination
(2) Downloading via the marketplaces, installing and using the basic version of the app is initially free of charge. For full access to all content (in particular all editorial recommendations for localities, guides, etc.) of the app, users must take out a paid subscription through an “in-app purchase” (hereinafter “in-app purchase”). A two-week free trial subscription is available to all subscribers, which automatically changes to the paid subscription chosen by the user if it is not cancelled in time.
(3) The following in-app purchase subscriptions are available for the tipBerlin Food app:
- Two-week free trial subscription with full access to the tipBerlin Food App, which automatically changes to one of the following paid subscriptions selected in advance by the user if it is not cancelled via the respective marketplace at least 24 hours before the end of the two-week trial period;
- Monthly subscription: Monthly subscription with full access to the tipBerlin Food App for €0.99, which is renewed monthly if it is not cancelled via the respective marketplace at least 24 hours before the end of the respective subscription period;
- Quarterly subscription: Quarterly subscription with full access to the tipBerlin Food App for €1.99, which is renewed quarterly if it is not cancelled via the respective marketplace at least 24 hours before the expiry of the respective subscription period;
- Unlimited subscription: An unlimited subscription with full access to the tipBerlin Food App for €49.99. The unlimited subscription is valid for as long as the App is operated by Tip Berlin Media Group GmbH, but at least for 7 years from the start of the unlimited subscription.
Time-limited subscriptions cannot be terminated prematurely during the respective subscription period, only at the end of the subscription period. The right to extraordinary termination for good cause remains unaffected.
(4) The way in which the in-app purchase is made depends on the respective marketplace; the specific procedure can be found in the terms and conditions of the respective marketplace operator, which also apply subordinately. The contract concluded hereunder (including any additional contract between Provider and User) is also additionally – subordinately – governed by the terms and conditions of the respective marketplace.
(5) In-app purchases are invoiced via the respective marketplace. The terms of payment specified by the respective marketplace operator apply.
(6) The cancellation of subscriptions also depends on the respective marketplace and the hardware used (mobile phone, tablet, etc.). For iOS devices and the App Store, information on cancellation can be found here: https://support.apple.com/de-de/HT202039 . For Android devices and the Google Play Store, information on termination can be found here: https://support.google.com/googleplay/answer/7018481.
§ 4 Warranty for material defects and liability
(1) Insofar as the contract is concluded between the Provider and the User, the Provider shall be liable for defects in the app in accordance with the statutory provisions applicable to this. For entrepreneurs, the warranty period for the app provided by the provider is 12 months.
(2) The Provider shall be liable in accordance with the statutory provisions for intent and gross negligence on the part of the Provider, its legal representatives, executive employees or other vicarious agents. The same applies in the event of the assumption of guarantees or other strict liability or in the event of culpable injury to life, limb or health or for liability under the Product Liability Act. The provider is liable on the merits for breaches of essential contractual obligations caused by simple negligence on the part of the provider, its representatives, executive employees and simple vicarious agents, i.e. such obligations on the fulfilment of which a contractual partner regularly relies and may rely upon the proper performance of the contract, in this case, however, limited to the amount of the typically arising, foreseeable damage. Any further liability of the provider is excluded. Insofar as the liability of the provider is excluded or limited, this shall also apply in favour of the personal liability of its legal representatives, executive employees and simple vicarious agents.
(3) In deviation from § 4 paragraph 2 sentence 2, insofar as the contract is concluded between the Provider and the User and tenancy law applies, the Provider is not liable for claims under tenancy law in the event of injury to life, limb, health, property or assets of the User caused by a material defect of the tipBerlin Food App existing or created at the time of the conclusion of the contract, unless,
- he is at fault or
- he does not remedy the defect immediately after becoming aware of it and the user suffers damage as a result.
§ 5 Cancellation policy
If you are a consumer and a contract has been concluded between you and us as the provider, you are entitled to a statutory right of revocation in accordance with the statutory provisions:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The revocation period is 14 days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us, Tip Berlin Media Group GmbH, Salzufer 11, 10587 Berlin, Phone: +49 (0) 30 233 269 600 E-mail: [email protected], by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the day on which we received notification of your withdrawal 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; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal concerning this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
If you wish to cancel the contract, please complete and return this form.
- To Tip Berlin Media Group GmbH, Salzufer 11, 10586 Berlin or [email protected]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following good (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)Name of the consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
- Date (*)
(*)Delete where inapplicable
End of the cancellation policy
Under Section 356 (4) of the German Civil Code (BGB), the right of withdrawal shall also expire in the case of a contract for the provision of services if the trader has provided the service in full and has only begun to provide the service after the consumer has given his express consent to this and has confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the trader.
Under Section 356 (5) of the German Civil Code (BGB), the right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible data carrier if we have commenced performance of the contract after the consumer has
- expressly agreed that the trader should begin the performance of the contract before the end of the withdrawal period, and
- has confirmed his knowledge that, by giving his consent, he loses his right of withdrawal upon commencement of the performance of the contract.
§ 6 Final provisions
(1) Contracts between the Provider and the User shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, remain unaffected.
(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the User and the Provider is the registered office of the provider.
(4) The European Commission provides an online dispute resolution platform (ODR platform) for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or online service contracts between a consumer resident in the Union and a trader established in the Union, which can be found here. The e-mail address of Tip Berlin Media Group GmbH, Salzufer 11, 10587 Berlin is [email protected].
(5) We would like to point out that we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.