ALLGEMEINE GESCHÄFTSBEDINGUNGEN
GENERAL TERMS AND CONDITIONS1. Definitions
1.1 For the purposes of these Terms and Conditions, the following holds:
Im Folgenden informieren wir über die Verarbeitung personenbezogener Daten bei der Nutzungunserer Website https://www.gotigerapp.com/unserer Profile in Sozialen Medien.Personenbezogene Daten sind alle Daten, die auf eine konkrete natürliche Person beziehbar sind, z. B. ihr Name oder ihre IP-Adresse.
1.1.1 Application means the software application provided by the Company downloaded by the Customer on any electronic device, named GoTiger1.1.2 Application Store refers to the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.1.1.3 Affiliate includes any entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.1.1.4 Account means a unique account created for and by the Customer to gain access to our Service or parts of our Service.1.1.5 Customer means the individual accessing and or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.1.1.6 Country refers to: Berlin, Germany1.1.7 Company (referred to as either “GoTiger”, "the Company", "We", "Us" or "Our" in this Agreement) refers to GoTiger GmbH, Derfflingerstr. 22a, 10785 Berlin, Germany.1.1.8 Device means any electronic device that can access the Service such as a computer, a cell phone or a digital tablet.1.1.9 Feedback stands for feedback, innovations or suggestions sent by the Customer regarding the attributes, performance or features of our Service.1.1.10 Goods refer to the items offered for sale on the Service.1.1.11 Orders are equal to a request by the Customer to purchase Goods from GoTiger.1.1.12 Promotions include contests, sweepstakes or other promotions offered through the Service.1.1.13 Service refers to the Application.1.1.14 Terms and Conditions (also referred as "Terms") mean these Terms and Conditions which form the entire agreement between the Customer and the Company regarding the use of the Service.1.1.15 Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
2. Acknowledgment
2.1 These are the Terms and Conditions governing the use of this Service and the agreement that stands between the Customer and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.2.2 The Customer’s access to and use of the Service is conditioned on his/her acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all users, visitorsand others who access or use the Service.2.3 By accessing or using the Service, the Customer consents to be bound by these Terms and Conditions. If the Customer disagrees with any part of these Terms and Conditions then he/she may not access the Service.2.4 The Customer’s access to and use of the Service is also conditioned by the acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of the Customer’s personal information when using the Application or the Website and governs the Customer’s privacy rights. We advise the Customer to read Our Privacy Policy carefully before using Our Service.
3. Placing Orders for Goods
By placing an Order for Goods through the Service, the Customer warrants that he/she is legally able to the entering into binding contracts.
4. Customer Information
4.1 If the Customer wishes to place an Order for Goods available on the Service, the Customer may be asked to supply certain information relevant to the Order process including, without limitation, the name, the email, the phone number, the credit card number, the expiration date of the credit card, the billing address, and the shipping information.4.2 The Customer represents and warrants that: (i) He/She is legally allowed to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information he/she supplies to us is true, correct and complete.4.3 By submitting such information, the Customer grants GoTiger the right to provide the information to payment processing third parties for purposes of fulfilling the completion of the Order.5. Protection of Minors
5.1 Goods that are subject to statutory sales restrictions will only be delivered to persons who meet the statutory requirements. For this purpose, GoTiger may require the Customer to present photographic identification.5.2 The Customer may order alcoholic drinks, but GoTiger wishes to point out that they will only be handed over to any Customer over the age of 18. GoTiger reserves the right to refuse to hand over alcoholic drinks if the Customer is unable to provide photographic identification.
6. Order Cancellation
6.1 GoTiger reserves the right to refuse or cancel the Customer’s Order at any time for certain reasons including but not limited to:
Goods availability
Errors in the description or prices for Goods
Errors in the Customer’s Order6.2 GoTiger reserves the right to refuse or cancel the Customer’s Order if fraud or an unauthorized or illegal transaction is suspected.
7. Right of Cancellation
7.1 Any Goods the Customer purchases can only be returned in obedience to these Terms and Conditions and Our Returns Policy.7.2 Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy carefully to learn more about the right to cancel an Order.7.3 The right to cancel an Order only applies to Goods that are returned in the same condition as originally received. The Customer should also include all of the products’ instructions, documents and wrappings. Goods that are damaged or not in the same condition as originally received will not be refunded. The Customer therefore has to apply reasonable care while in possession of the purchased goods.7.4 GoTiger reimburses the Customer no later than 14 days from the day on which the returned Goods are received. GoTiger will use the same means of payment as used for the original Order, and the Customer will not incur any fee for such reimbursement.
8. Exclusion of the Right of Cancellation
8.1 The Customer will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to the Customer’s specifications or clearly personalized.
The supply of Goods which are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to hygiene or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with prior express consent by the Customer and the Customer has acknowledged the loss of cancellation right.
9. Availability, Errors and Inaccuracies
9.1 GoTiger is constantly updating its offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.9.2 We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10. Prices Policy
10.1 The Company reserves the right to revise its prices at any time prior to accepting an Order.10.2 The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping costs, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, the Customer will preserve the right to cancel the Order.
11. Payments
11.1 The Customer is obligated to pay the purchase price for the ordered goods and the delivery charge directly after placing an order respectively after conclusion of the contract.11.2 Payment can be made by credit card, PayPal or using one of the payment methods the Customer has signed on for with the respective provider using the single sign-on process. GoTiger reserves the right to add/remove payment options on the Application at any time.11.3 Following the completed delivery of the order, invoices will be sent to the Customer by e-mail only, to the email address specified by the Customer in their user account.
12. Promotions
12.1 Any Promotions made available through the Service may be governed by rules that are separate from these Terms.12.2 If the Customer participates in any Promotions, we advise the Customer to review the applicable rules carefully as well as Our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.12.3 Promotions are usually offered subject to particular promotion-conditions, which include, for example, time and/or geographical restrictions, restrictions for certain customer categories (e.g. new customers) or for specific items. The Customer is not entitled to the issuance of a discount or its cash payment. In the event of cancellations, Promotions cannot be refunded or granted again and thus expire without replacement.12.4. Any attempt to manipulate our Application, our Service, and our Promotion offers through mass submissions via third parties or consortia, external websites, macros, "scripts," "brute force," masking of identity through manipulation of IP addresses, use of identities other than one's own, or other automated means (including systems that can be programmed to enter) will void the order and the corresponding promotions. GoTiger shall have the right to take all reasonable steps to protect against fraudulent or invalid redemption of promotions, including requiring additional reasonable checks to close the accounts of customers it reasonably suspects have engaged in such acts.12.5. The application and/or redemption of a new promotion may be denied by GoTiger if a new account is registered by a Customer using the same or minimally different credit card details, delivery name and address, or using a device already in use in our system.12.6. If the Customer uses promotions in a way that violates the respective Promotion terms and conditions, GoTiger reserves the right to declare the Promotion invalid and to withdraw the Promotion. GoTiger also reserves the right to block the
Customer at any time in case of abusive behavior.
13. User Accounts
13.1 When the Customer creates an account with GoTiger, he/she must provide GoTiger information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of the user account on Our Service.13.2 The Customer is responsible for safeguarding the password that is used to access the Service. The Customer also agrees not to disclose the password to any third party. The Customer must notify Us instantly upon becoming aware of any breach of security or unauthorized use of his/her account.13.3 The Customer may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity unless there is appropriate authorization. The Customer is also not allowed to use a name that may can be considered as offensive, vulgar or obscene.
14. Intellectual Property and Copyright
14.1 The Service and its original content (excluding Content that is provided by the customers), features and functionality are and will remain the exclusive property of the Company and its licensors.14.2 The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.14.3 GoTiger trademarks and trade dress may not be used in connection with any product or service without the prior written agreement of the Company.14.4 When using the Service, it is forbidden to extract the information presented on the Application, in particular to the Goods offered on the Application, in large quantities (e.g. by "scraping") and / or to further use the information outside of the Application.
15. Customer Feedback
15.1 The Customer assigns all rights, title and interest in any feedback to the Company. If for any reason such assignment is ineffective, the Customer agrees to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
16. Links to Other Websites
16.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.16.2 The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The Customer further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.16.3 GoTiger highly advises the Customer to read the terms and conditions and privacy policies of any third-party websites or services that the Customer visits.
17. Termination
17.1 The Customer can at any time terminate the contractual relationship with GoTiger with respect to his/her user account via e-mail to hello@gotigerapp.com.17.2 GoTiger can terminate the contractual relationship with the Customer with respect to his/her user account by giving two (2) weeks’ notice via e-mail to the e-mail address provided by the Customer connected with his/her user account.17.3 Orders that have not yet been processed shall remain unaffected by a termination pursuant to section 17.1 or 17.2.17.4 The statutory right of termination for cause shall remain unaffected.17.5 In the event of the termination of the user account, any existing credit shall be paid out without undue delay. Any remaining credit on a voucher shall be issued to the Customer in the form of a voucher in the respective amount and at the corresponding conditions.17.6 GoTiger can – without prejudice to the rights of termination – temporarily or permanently block the user account of the Customer if the Customer breaches these terms and conditions of use, in particular if the Customer goes beyond the rights of use granted to him/her in section 14 or the Customer unlawfully procures or uses promotions pursuant to section 12. The Customer will be informed about the blocking and the duration thereof. The Customer may not place orders via his/her user account while the account is blocked.
18. Limitation of Liability
18.1 Notwithstanding any damages that the Customer might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and the Customer’s exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the Customer through the Service or €100 if the Customer has not purchased anything through the Service.18.2 To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.18.3 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
19. Final Provisions
19.1 Should one or more provisions of these General Terms be invalid or voided at a later date, this shall not affect the validity of the remaining provisions.19.2 These General Terms shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.19.3 If the contracting partner is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund organized under public law, the exclusive place of jurisdiction for all disputes arising from these or in connection with these General Terms shall be Berlin.19.4 If there is any concern or dispute about the Service, the Customer agrees to first try to resolve the dispute informally by contacting the Company.19.5 The EU Commission has set up an Internet platform for the online resolution of disputes (“ODR platform”) between companies and consumers. The ODR platform can be accessed at ec.europa.eu/consumers/odr/.19.6 GoTiger reserves the right to change these General Terms.19.7 The Customer can find the respective current version of the General Terms on the website and on the Application. We will not make any material changes to the General Terms or limit Customers’ rights under the General Terms without a prior announcement. In the case of such a change, GoTiger will notify the Customer of the changes at least six weeks before the amended General Terms take effect. If the Customer does not agree with the changes to the General Terms, he/she shall have the right to terminate the contract immediately. If the Customer does not make use of his/her right of termination, his/her agreement with the General Terms will be assumed. GoTiger will inform the Customer about this circumstance and its consequences in the notification on the changes to the General Terms.19.8 Should the Customer object to the application of the General Terms, GoTiger shall have the right to terminate the Customer’s use of the Application pursuant to section 17.2.
20. Translation
20.1 These Terms and Conditions may have been translated. The Customer agreee that the original English text shall prevail in the case of a dispute.
21. Contact Us
If the Customer has any questions about these Terms and Conditions, he/she can contact us:
By email: hello@gotigerapp.com Berlin, February 2022
