§ 1 Scope
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded via our online shop between us, the customer and ourselves.
Managing Director: Michael Wolff
Commercial register: Amtsgericht Berlin-Charlottenburg
Commercial register number: HRB 174901 B
Phone: 030 /235 433 82
and you as a customer. The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant. All agreements made between you and us in connection with the contract result in particular from these terms and conditions, our written order confirmation and our declaration of acceptance. The version of the General Terms and Conditions valid at the time the contract is concluded shall be decisive. We do not accept deviating conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Variants of the virtual tours
The virtual tours are created by our customers themselves using a web app, the so-called tour generator, and displayed in the tour viewer, an HTML5 player. Customers can integrate the Tour Viewer into other websites using an iFrame code. The created tour can also be shared on social networks (such as Facebook) using the Share button. A connection to the respective account is established and the link to the Tour Viewer is posted. The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a sales contract. The customer has the possibility to choose between two variants of virtual tours. The "Free Tour" variant is free of charge, but contains advertising before or during the virtual tour. The "Premium Tour" variant does not contain such advertising with the exception of our logo. The customer needs 100 credits to activate the Premium Tour. The currently valid price list for the purchase of credits can be found at https://wolowo.de/site/preise With the "Premium Tour" variant, the customer can decide whether his tour is publicly accessible or not. With the "Free Tour" variant, the tour is always accessible to the public. Public means that the tour can appear under Inspirations on the wolowo website. Private tours become. The Free Tour allows the customer to upload 5 panoramas per week. Here the customer can decide whether he uploads the 5 panoramas in a Free Tour or a panorama in 5 Free Tours. From the moment the customer uploads the first panorama into a Free Tour, the customer of the Free Tour is only entitled to the additional 4 panoramas for the next seven days. After the seven days have expired, the customer can upload 5 panoramas in Free Tours again. As soon as a panorama has been uploaded again, the seven-day period in which the customer can upload only 4 more panoramas begins to run again.
In addition to the above upload of a maximum of 5 panoramas per week, the scope of services in the Free Tour includes the option of integrating floor plans including radar, panorama, info and media hotspots. In addition, the integration of Google Maps is possible. The customer can share the tour created by him using the Share button in the Tour Viewer. The Wolowo logo appears in the nadir of the panorama and in the Tour Viewer. New panoramas can also be uploaded to the tour after the tour has been completed.
When choosing the all-inclusive package, Wolowo offers the customer to have a photographer commissioned by Wolowo take the 360° photos required for the creation of a tour and to create the virtual tour. Wolowo will send the customer an offer with a cost estimate. At the same time, the customer receives the General Terms and Conditions as well as the data protection declaration at his e-mail address. The customer signs these and sends them back to Wolowo. After consultation and verbal offer promise Wolowo commissions a photographer who takes 360° photos for the customer at the previously agreed location. The choice of the photographer is incumbent on Wolowo. After the photographer has taken the panoramas, they will be viewed and edited by Wolowo. Wolowo creates a Wolowo account and a premium tour for the customer. After completion, the customer receives the access data for his Wolowo account. At the same time the customer receives a link to the finished tour as well as a download link to the 360° photos taken. After receiving the link to the virtual tour, the customer has the possibility to check the created tour. Wolowo will revise the tour at the customer's request. Wolowo will send the customer an invoice by e-mail. The current version of Wolowo's price list applies.
§ 4 Rights to tours
- Wolowo is entitled to all rights to virtual tours created with the Tour Generator.
- The customer is entitled to use his own virtual tours for advertising purposes and to publish these in social networks.
- Wolowo has the right to delete the "Free Tour" version after a period of 6 months without using it.
- With the "Premium Tour" variant, Wolowo will first ask the customer by e-mail to verify the tour after a period of 6 months in which it is no longer used. If no verification takes place within 2 weeks, Wolowo is entitled to delete this tour.
§ 5 Customer behavior
- The customer is prohibited from creating virtual tours whose content violates applicable law. Customers are also prohibited from displaying immoral, in particular pornographic content in the virtual tours. The customer is responsible for checking compliance with all legal provisions.
- If § 5 Abs. 1 should be offended, Wolowo can delete this virtual tour. If you notice any violations of this rule during virtual tours of other customers, please report them to us.
- The customer assures that he possesses the data protection consent of this person for publication with regard to all persons depicted.
- Wolowo is not liable for violations by customers against § 5 paragraph 1 or against § 5 paragraph 3.
§ 6 Right of withdrawal
- If you are a consumer (i.e. a natural person who places the order for a purpose which cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of revocation in accordance with the statutory provisions.
- The provisions set out in detail in the following apply to the right of withdrawal
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who has taken possession of the goods, designated by you, have taken possession of them. In order to exercise your right of cancellation, you must inform us (Wolowo GmbH, Im Vogelsang 23, 56651 Niederzissen, Germany, telephone: 030 /235 433 82, e-mail: email@example.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
§ 7 Pricing
- All prices are gross prices including the legal value added tax. The price including sales tax is also displayed in the order form before you send the order.
§ 8 Terms of payment and set-off and right of retention
- The price for the "Premium Tour" variant must be paid within two weeks of receipt of our invoice at the latest.
- You can pay the price according to your choice by credit card, PayPal or bank transfer immediately. In the case of payment by credit card, we will debit your account at the earliest on the date specified in paragraph 1.
- You shall not be entitled to offset our claims unless your counterclaims have been legally established or are undisputed.
- You may only exercise a right of retention if your counterclaim arises from the same contract.
§ 9 Liability
- Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and which are necessary to achieve the objective of the contract and on whose observance you as the customer may regularly rely.
- In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract, unless it is a matter of the customer's claims for damages arising from injury to life, limb or health.
- The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
- In particular, we are not liable for technical problems, in particular server problems, on which the tours are stored, which prevent them from being reached. This also applies if the tours have been irretrievably lost due to events for which we are not responsible, as well as in cases of force majeure.
§ 10 Applicable law and place of jurisdiction
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and at the time of your order have your habitual residence in another country, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
- If you are a merchant and have your registered office in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of the seller, Berlin. For the rest, the applicable statutory provisions shall apply to local and international jurisdiction.
- These GTC remain binding in their remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced, if any, by the statutory provisions.