Terms and conditions of use

Updated October 20, 2022, 9:46 a.m. and effective for all new subscriptions as of this date.

The portal www.kietzee.de is operated and/or provided by

Kietzee UG (haftungsbeschränkt)

represented by the managing directors Lisa Hübner Moreno, Jeffrey Moreno and Hossein Lessan Toussi

Postal address: Kietzee UG (haftungsbeschränkt)

Grünberger Str. 17a

10243 Berlin

Phone: +49 30 3551 4577

Fax: +49 32 2264 13517

E-Mail: hi(at)kietzee.com

The following terms of use and business conditions are the legal basis for the use of the portal offered by Kietzee UG (haftungsbeschränkt).

To access the privacy policy for the use of the portal of Kietzee UG (haftungsbeschränkt), please click here.

General Terms of Use of Kietzee

The General Terms of Use of Kietzee apply to all portals of Kietzee UG (haftungsbeschränkt).

§ 1 Copyright and trademark rights

1.

Please note that the written works, photographs and illustrations, videos and other content published on the portal of Kietzee UG (haftungsbeschränkt) are protected by copyright and may only be reproduced or otherwise used by you if you are permitted to do so in individual cases by the copyright holder or the legal limits of copyright. This content is not subject to a Creative Common license unless one is expressly stated. Linking or quoting is permitted without permission, provided that this is done within the limits of the right to quote according to § 51 UrhG (German Copyright Act). For licensing possibilities of usage rights, please contact Ms. Lisa Hübner Moreno at [email protected]

2.

Please also note that the marks (trademark) of Kietzee UG (haftungsbeschränkt) are subject to the protection of the Trademark Act.

§ 2 Liability of Kietzee UG (haftungsbeschränkt)

1.

Kietzee UG (haftungsbeschränkt) assumes no legal liability for the accuracy, completeness or timeliness of editorial contributions. Please note that within the framework of the portal of Kietzee UG (haftungsbeschränkt) users can post content. Such content cannot be checked by Kietzee UG (haftungsbeschränkt) for correctness and legality and Kietzee UG (haftungsbeschränkt) does not adopt such entries as its own. If you notice any infringing entries of third parties, please contact [email protected]

2.

Kietzee UG (haftungsbeschränkt) will make every effort to keep its services accessible at all times, but does not assume any liability for this. A claim for constant availability does not exist. Kietzee UG (haftungsbeschränkt) reserves the right to terminate or restrict its offer or parts of the offer at any time. For chargeable offers, supplementary provisions apply in each case.

3.

Kietzee UG (haftungsbeschränkt) assumes liability for loss of data of the user or damage to hardware or software of the user only in the case of intent or gross negligence or breach of cardinal obligations. The liability is limited to that damage which is reasonably foreseeable in case of contractual private use by the user.

4.

Prerequisite for the proper use of the services offered by Kietzee UG (haftungsbeschränkt) is that you have access to electronic media that meets the current technical standard. Please inform yourself before concluding the contract whether the hardware and software you use allows the use of the services provided here. 

§ 3 Other provisions

1.

In addition to these General Terms of Use, our Privacy Policy and the laws of the Federal Republic of Germany shall apply to the exclusion of the CISG. Place of performance is Berlin. Contractual languages are German and English. In case of deviations, the German version shall be binding. 

2.

Deviating conditions of the user will not be accepted. Should individual provisions of these Terms of Use be invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by provisions that come as close as possible to the intended meaning of the invalid provision. The same shall apply in the event of any gaps requiring filling.

3.

If the user is a merchant or has his permanent residence abroad, Berlin is agreed as the exclusive place of jurisdiction.

4.

Kietzee UG (haftungsbeschränkt) reserves the right to change its terms of use in the future. For chargeable services, the respective special provisions apply.

5.

The European Commission provides a platform for out-of-court online dispute resolution (so-called OS platform) at https://ec.europa.eu/consumers/odr/. In accordance with § 36 VSBG, we would like to point out that we are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and do not participate in a dispute resolution procedure before a consumer arbitration board.

Terms of use for digital subscriptions

§ 1 Description of the services

The Kietzee digital subscription (Kietzee Club) gives you access to the articles on the Kietzee blog during the subscription period. With your email address and password, you also have access to the Kietzee apps (Kita Tool), partner offers, a private online group and all articles on kietzee.de. 

These services are subject to registration and a fee. When you order a digital subscription, we will send you the order confirmation by email. Our digital subscriptions can be cancelled at any time. After termination of the digital subscription, access to paid digital publications is only possible if you have previously saved them on your device.

When you order a subscription, you will also receive the associated newsletter and similar offers by e-mail. You can unsubscribe from newsletters and offer emails at any time via a link in the corresponding newsletter email.

As long as we do not receive a corresponding objection, we will send you newsletters and offer e-mails, even beyond the term of your subscription.

You can find more information about our digital subscriptions and the current prices of these offers here. We reserve the right to adjust the subscription price of our digital subscriptions.

§ 2 Conclusion of contract

1.

To use all or individual digital subscriptions, you must register as a user and enter your desired order data. By clicking on the link provided in the registration e-mail or by entering the user data provided, you activate your access. We will immediately send you a confirmation of receipt by e-mail with your access and contract data as well as details of your right of cancellation. The contract is concluded upon receipt of this e-mail by you.

2.

Trial subscription

The trial subscription offered by Kietzee UG (haftungsbeschränkt) is intended to give you the opportunity to get to know our product at your leisure. If you decide to take advantage of this offer, you will conclude a subscription with an indefinite term (for the termination of the contract, see section 5). Kietzee UG (haftungsbeschränkt) expressly reserves the right to exclude consumers who repeatedly conclude these offers. 

3.

In the event of impossibility of delivery due to force majeure (including strikes and lockouts), the performance obligations of the customer and seller shall be suspended for the duration of the delivery disruption. After the end of the delivery disruption, the contractual relationship shall be continued as usual.

4. 

Support and billing of the digital subscription is carried out by Kietzee UG (haftungsbeschränkt).

§ 3 Right of revocation

If you conclude the contract as a consumer, you have the following statutory right of withdrawal:

1. Cancellation policy

Right of withdrawal

You have the right to cancel the contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must contact us (Kietzee UG (haftungsbeschränkt), Grünberger Str. 17a, 10243 Berlin. Fax: +49 32 2264 13517, e-mail: hi(at)kietzee.com) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. 

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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.

End of the cancellation policy

2. Sample cancellation form

If you want to revoke the contract, please use the template below and send it to:

Kietzee UG (haftungsbeschränkt), Grünberger Str. 17a, 10243 Berlin. Fax: +49 32 2264 13517, e-mail: hi(at)kietzee.com.

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of paper communication)

Date

------------

(*) Delete as applicable. 

§ 4 Payment

The fee is to be paid by the user according to the agreed order data by credit card (including VISA, MasterCard). 

§ 5 Termination of contract

1.

Unless otherwise agreed, subscriptions shall run for an indefinite period. Billing shall take place according to the respective agreed billing cycle. You may terminate your digital subscription contract at any time at the end of the respective billing cycle. The termination must be declared in writing or in text form (e.g. e-mail). Please send it to Kietzee UG (haftungsbeschränkt), Grünberger Str. 17a, 10243 Berlin. Fax: +49 32 2264 13517, e-mail: hi(at)kietzee.com.

§ 6 Private Use

1.

As a private user, you may only use the contents of the Digital Offer for personal, non-commercial use. Use for business or professional purposes in the exercise of or in connection with a business activity or use by companies of any private or public legal form, including sole proprietorships, associations, foundations, corporations and institutions under public law, public authorities and courts (hereinafter: companies) via a private user account is not permitted.

2.

The right to private use of the content is limited to the person of the registered user, who may use the content on up to five end devices.

§ 7 Business use

1.

As a non-private user, the contents of the offer may only be used for own professional and business purposes.

2.

The right to use the contents for business purposes is limited to the business of a company registered as a user. Use by other establishments of a company or affiliated companies is not permitted. Content may be used on up to five end devices, whereby each end device must be permanently assigned to an employee of the company. Use by other persons is not permitted.

§ 8 Sharing of content

1. as a user you are not entitled, except for the rights according to § 6 and § 7, to pass on content in whole or in part to third parties, to digitize it or to use it, regardless of the carrier medium and the technical design, in third party storage media. Reproduction (e.g. archiving or printing), public reproduction (e.g. public presentation, making available to the public, broadcasting and physical transmission) outside the private sphere are not permitted, regardless of whether this is done in return for payment or free of charge.

§ 9 Other provisions

In addition, the General Terms of Use of Kietzee listed above apply. In the future, you will also receive similar offers from us at the e-mail address you provided during registration. You can object to this at any time, for example by sending an e-mail to: hi(at)kietzee.de.