Terms and Conditions - General Terms and Conditions
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) regulate the online sale of products and services by Waldihaus GmbH (hereinafter referred to as the provider) in the version valid at the time of registration.
(2) Deviating terms and conditions of the customer or manufacturing companies of the wooden houses are rejected.
(3) Please read these terms and conditions carefully before registering with Waldihaus GmbH. By registering with Waldihaus GmbH, you agree to the application of these terms and conditions.
(4) At www.waldihaus.de we offer you the sale of the following products:
Waldihaus GmbH offers Russian companies the opportunity to list and sell their wooden houses for the European market on the website.
(5) At www.waldihaus.de we offer you the following services:
turnkey construction by master companies
payment of duty
§ 2 Condition of the contract
(1) The offers are aimed exclusively at end customers with a billing and delivery address worldwide.
(2) The presentation of the wooden houses on the website does not constitute a legally effective offer. By presenting the goods, the manufacturer is only asked to make an offer upon request.
(3) Your product entry represents an offer to www.waldihaus.de to conclude a purchase contract. The manufacturer makes a binding offer and the buyer concludes the contract directly with the manufacturer whose offer he has chosen.
(4) Contracts that are initiated as a result of an advertisement placed via Waldihaus.de come about without the legal involvement of the provider.
(5) The purchase contract between the provider and the manufacturer only comes into existence through a declaration of acceptance by the provider. This is done when you register your company and enter your wooden houses.
(6) Your login data will be saved by us after the contract has been concluded. Should you lose your documents or access codes, please contact us by email or phone. We will send you a copy of the data.
(7) Access to the www.waldihaus.de service requires registration.
(8) By registering, the manufacturer accepts these terms and conditions. With the registration, a contractual relationship arises between www.waldihaus.de and the registered manufacturer, which is based on the provisions of these terms and conditions.
(9) You agree that you will receive invoices electronically. Electronic invoices will be made available to you by email.
§ 3 Description of the scope of services
(1) The provider reserves the right to refuse, change or delete advertisements without giving reasons. The provider also reserves the right to permanently exclude individual advertisers from using the online service. The advertiser is not entitled to the publication of advertisements against the provider.
(2) The advertiser has to bear the expenses incurred and in particular the costs from and in connection with the entry and maintenance of advertisements himself. This also applies if the provider changes, deletes or rejects advertisements.
(3) The advertiser can delete his advertisements at any time using the password he chose when he entered the account.
§ 4 Services of the provider
(1) The provider provides an input mask for advertisements about offers from all kinds of houses, activates the advertisements placed via the input mask and enables the advertisements to be accessed via the Internet for the period agreed with the advertiser. The advertisers can independently enter, change and delete their advertisements in the provider's database.
(2) The advertisements are activated daily, unless otherwise agreed. The provider reserves the right to postpone the activation for technical or other reasons.
(3) The provider reserves the right to block advertisements from advertisers who violate the provisions of these terms and conditions.
(1) Every user who publishes an advertisement on Waldihaus.de is responsible for the content of his advertisement and the correctness of the information provided there and is liable for this. The provider is not obliged to check orders and advertisements to see whether they affect the rights of third parties.
(2) The advertiser is obliged to expressly indicate in the input form of the provider what type of house it is.
(3) The content of the advertisement must be entered in full on the entry form. The advertiser bears sole responsibility for and is liable for all information and content provided by him. The provider is not obliged to check orders and advertisements to see whether they impair the rights of third parties.
(4) The advertiser undertakes to provide truthful and lawful information. The advertiser exempts the provider from third party claims of any kind, which are based on the illegality or falsehood of his advertisement or the other violation of third party rights. The indemnification obligation also includes the assumption of legal defense costs of the provider, e.g. court and lawyer costs.
(5) The advertiser is obliged to provide only relevant data of the houses.
(6) The advertiser is obliged to use only his own photos. The use of catalog photos of the houses for which the copyright belongs to a third party is also not permitted.
(7) The advertiser is solely liable for posted or linked videos, in particular on YouTube.
(8) The advertiser is obliged to give name and address in the contact information. Anonymous advertisements will not be published and will otherwise be deleted immediately.
(9) The advertiser is obliged to provide a valid e-mail address and agrees to the use of this e-mail address by the provider to notify inquiries about advertisements.
(10) Only the entry of specific offers is permitted for house offers. General advertising such as "all types of XY houses" may not be advertised. The provider only accepts specific house offers.
(11) The advertisements are protected with a password chosen by the advertiser. It cannot be ruled out that third parties may acquire this password and change or delete advertisements against the will of the advertiser. The provider is not liable for this.
§ 5 Liability
(1) The provider has unlimited liability insofar as the cause of the damage is based on intent or gross negligence on the part of the provider. For the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract and which the user regularly relies on, the provider is only liable for the foreseeable typical contract damage. The provider is not liable for the slightly negligent breach of obligations other than those mentioned in the above provisions. In the case of slightly negligent breaches of insignificant contractual obligations, the liability of the provider is completely void towards entrepreneurs. The above limitations of liability do not apply in the event of injury to life, limb and health and in the case of defects fraudulently concealed by the provider. Any liability that may exist under the Product Liability Act remains unaffected. As far as the liability of the provider is excluded or limited according to the above provisions, this also applies to the personal liability of employees, representatives and vicarious agents of the provider.
(2) The provider is neither an agent, broker nor dealer, but only provides an advertisement database for providers and interested parties.
(3) The provider assumes no liability for the topicality, correctness, completeness or quality of the information provided. The provider does not check the information published by users for their content. The provider accepts no liability for the content of the information provided by the users.
(4) Liability on the part of the provider for damage resulting from the fact that advertisements are not published or published in a shortened or falsified manner is excluded.
(5) All information offers are subject to change and non-binding. The provider is not liable for errors or omissions and reserves the right to make changes to the online services without notice. The provider assumes no liability for the suitability of the product for sales or other purposes.
(6) The provider is not liable for errors in the transmission of inquiries.
(7) The provider is not liable for technical malfunctions in the operation of the Internet pages of the online services. In particular, the provider is not liable for the fact that information is not available uninterrupted or error-free.
(8) The provider is not liable for reference targets (links) for which the provider is not the author. The provider is also not liable for the content of the websites of its official partners / advertising partners. The provider is not involved in any legal relationships between users and partners / advertising partners of the provider.
§ 6 Registration and termination
(1) A user account is for his / her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his / her account to third parties.
(2) Subject to reservation, a user is entitled at any time to unsubscribe in writing by post, email or telephone without stating a reason. At the same time, there is the option of deactivating this completely and personally within the data and settings in the user account. The previously concluded contractual relationship is thus ended.
(3) If a user has registered for a paid service, he can cancel at least 14 days before the booking period. If this deadline is not met, the chargeable service will be extended by this period depending on the booking time selected and the cancellation will only take effect at the end of the subsequent booking period. Cancellation is possible by phone, email or letter and we will confirm this in writing. So that your cancellation can be assigned, the full name, the stored e-mail address and the address of the customer should be given.
(4) www.waldihaus.de can terminate the contract at its own discretion, with or without prior notice and without giving reasons, at any time. www.waldihaus.de also reserves the right to remove profiles and / or any content that has been published on the website by or by the user. If www.waldihaus.de terminates the registration of the user and / or removes profiles or published content of the user, www.waldihaus.de is not obliged to inform the user about the reason for the termination or the removal.
(5) Following any termination of any individual use of the services from www.waldihaus.de, www.waldihaus.de reserves the right to provide information about this to other registered users with whom www.waldihaus.de assumes that it is were in contact with the user. www.waldihaus.de's decision to terminate the registration of the user and / or to notify other users with which www.waldihaus.de assumes that the user was in contact does not imply or in no way say that www.waldihaus.de statements about the individual character, general reputation, personal characteristics and lifestyle.
(6) Users are obliged not to provide any intentional or fraudulent false information in their profile or other areas of the portal. Such information can lead to civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(7) If the access of a user is blocked due to a culpable breach of contract and / or the contractual relationship is terminated, the user has to pay damages for the remaining contract period in the amount of the agreed fee minus the saved expenses. The amount of the saved expenses is set at a flat rate of 10% of the remuneration. Both contracting parties are free to prove that the damage and / or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship, all user data will be deleted from www.waldihaus.de.
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third party data cannot be fully guaranteed. Our liability is excluded in this regard.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given the data subjects prior written consent.
(4) You have the right at any time to receive information about your data from www.ruswelt.eu in full and free of charge.
(5) Furthermore, there is a right to correction / deletion of data / restriction of processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 8 Cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; a banner is available to you to object to / accept.
(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. The instructions on how to prevent and delete cookies can be found in the help function of your browser or software manufacturer.
§ 9 Jurisdiction and applicable law
(1) For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN sales law.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 10 Final Provisions
(1) We do not offer any products or services for sale by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use www.waldihaus.de/com/eu/ru with the cooperation of a parent or legal guardian.
(2) If you violate these terms and conditions and we do not take action against this, we are still entitled to make use of our rights on any other occasion in which you violate these terms of sale.
(3) We reserve the right to make changes to our website, rules and conditions, including these terms and conditions, at any time. The terms and conditions of sale, contract conditions and general terms and conditions in force at the time of your order apply to your order, unless a change to these conditions is required by law or by order of the authorities (in this case they also apply to orders that You have previously done). If any provision in these Conditions of Sale is ineffective, void or unenforceable for any reason, this provision is deemed severable and does not affect the validity and enforceability of the remaining provisions.
(4) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the ineffective provision.