General Terms and Conditions (GTC)

Only the German version of these terms and conditions is legally binding; the English version is for informational purposes only.
Last revised: Feb. 6, 2018

§ 1 Validity

These General Terms and Conditions form part of all agreements between you and Wer liefert was? GmbH (hereinafter: “We”, “Us” or “wlw”) in relation to services and products of wlw (hereinafter: “wlw services”) and the sole basis thereof; conflicting terms and conditions will not apply even if We have not expressly objected to them and carry out your order without reservation.

At the point of placing your order, you are at the same time offering your assurances that you are not a consumer but are instead an entrepreneur and businessman within the meaning of the German Commercial Code (HGB).

 

§ 2 Definitions and content of the order

The content of your order for inclusion of your company profile in our suppliers search results from the information provided by you in your customer area on our website and the selected services based on our brochures as amended and constitutes your main order. Design and sorting of your company profile is determined according to the relevant specifications and preferences in your customer area, unless otherwise agreed. We reserve the right to make changes to these specifications and settings during a current order. These do not entitle the customer to any reduction, withdrawal, or termination. As part of the contracted scope of services you can always make changes to the content of your company profile.

 

§ 3 The placing of orders and the terms thereof

You can place orders with us in writing, electronically or by telephone. The execution of the order starts at the date of your choice, regardless of whether the data to be provided or maintained by you is complete or accurate. All orders are standing orders, unless otherwise agreed, and will be extended as such by 12 months if not terminated with a notice period of three months (in detail here) to the end of the minimum contract term or to the end of one of the respective 12-month extension periods. The additional orders “AdWords" and "Retargeting" can be terminated with a notice period of one month to the end of the minimum term, then with a period of one month to the end of the month; the additional order “Call Tracking” can always be terminated with a notice period of one month to the end of the month.

Termination of the main contract (service package) also terminates existing additional orders “Top Ranking”, “D-A-CH”, and “Web Analytics”. All terminations must be made in paper form. If during the contract term you order additional services as standing orders, these additional orders initially run until the start of the next renewal period of the main contract. Thereafter, the extension periods and notice periods which apply to the main contract will apply to the additional orders equally.

 

§ 4 Quality assurance

We are entitled to correct any mistakes identified in your company profile in the context of quality assurance and to make appropriate changes to enhance your profile without being under obligation to do so. You can at any time withdraw this permission in writing and undo or delete corrections and additions.

 

§ 5 Tracking

Services which include technologies of etracker GmbH under the name “Web Analytics” are additionally subject to the relevant terms and conditions of etracker GmbH, which are currently available to view at: www.etracker.com/en/terms-and-conditions.html.

 

§ 6 Call Tracking

The following shall apply insofar that you have booked MaTelSo GmbH’s “Call Tracking” service as part of your AdWords order:

  • You hereby give us your consent to conclude a contract on your behalf with MaTelSo GmbH for the use of the Marketing Telephone Number Service (Marketing Rufnummern Service – MRS), hereinafter referred to as “Call Tracking”. The Call Tracking contract is concluded directly between you and MaTelSo GmbH; the terms and conditions of MaTelso GmbH also apply. They can be found at: http://www.matelso.de/agb.
  • We shall oversee all phases of the contract life cycle, or in other words, the completion, system configuration, adjustments (e.g. expansion of scope of services) and termination. We will provide you with a unique phone number which you can use to run advertising campaigns. All callers who dial this unique phone number will automatically be redirected to a target phone number defined by you. A virtual telephone system is used to carry out this process. It can individually direct each call without you or the call recipient noticing that the call has been handled via a call tracking number. You will be provided with so-called “Call reports”, i.e. statistics and measurements about the total number of incoming calls made to this unique phone number.
  • You shall provide us with the correct information required to configure the MRS phone numbers, especially the target phone numbers. You are responsible for checking the desired and proper functionalities and, if necessary, to report them to us for review. You shall also make any necessary adjustments to your own website, in particular replacing your existing phone numbers with MRS phone numbers.
  • You hereby instruct us to have MaTelSo use one or more geographic MRS numbers in your local area network in Germany in order to publish them in our MAMEMA services for the execution of MRS service in place of your previous phone number.
  • If a geographic landline number is to be used, you confirm that you have a mailing address within the local network districts mentioned. Untruthful information may lead to deactivation of the phone number(s).

Consent: You hereby consent to MaTelSo assigning you an MRS number, which will then be entered in your record instead of your current number so that call tracking may be carried out.

Right to revocation: You may revoke your consent given to MaTelSo at any time with effect for the future. You may also inform us of your revocation in writing by sending an email to info@wlw.de. We will make sure to forward it immediately to MaTelSo on your behalf.

  • MaTelSo shall carry out the derived assignment, activation, and management of phone numbers for you. MaTelSo provides you with a virtual telephone system plus routing and messaging functions. MaTelSo also oversees all technical operations for MRS phone numbers and the telephone platform (virtual telephone system) so that telephone calls may be made.

Itemized bill

Consent: You hereby consent to MaTelSo emailing us itemized bills so that we may inspect and use them. Itemized bills contain the following connection data: “A” phone number (caller, if transferred); “C” phone number (redirection number), MRS phone numbers, as well as the call date, time, and duration.

Right to revocation: You may revoke your consent given to MaTelSo at any time with effect for the future. You may also inform us of your revocation in writing by sending an email to info@wlw.de. We will make sure to forward it immediately to MaTelSo on your behalf.

 

§ 7 Our contractual obligations

Our obligation is to provide server space for the presentation of your company profile during the contract period and to ensure the visibility of your company profile in our search engine. Furthermore, we will strive, without being obliged to do so, to supplement your company profile with recourse to images and information available on your website within technical and reasonable feasibility or to place and advertise this material in whole or in part on third-party websites, social networks, and other forms of use and media. Specific content or graphic quality of your company profile is not part of the contract. Evidence of publication can be furnished in the form of current screenshots or the reproduction of files complete with date and time from our internal backup system.

 

§ 8 Your contractual obligations

To use your customer area, you are provided access data consisting of username and password. Keep your password confidential and do not share it with unauthorized third parties. If you have the impression that an unauthorized person has obtained your password, you are required to change your password immediately.

You shall be liable under general law for the content and data of your company profile as well as for ensuring that all files you provide are free of viruses.

You may not post any illegal, immoral, abusive, threatening, violence-glorifying, racist, sexually explicit content, or link to content which may violate religious feelings or denigrate persons with different political opinions or are likely to endanger children or young persons morally or negatively affect their well-being.

If we are sued for breach of any of these obligations, you will indemnify us from all claims of third parties on the first request.

If you violate any of these obligations, we are entitled to block your company profile and/or terminate the contract without notice. Moreover, we reserve the right to refuse to publish the content if it may constitute a violation of applicable laws, public order, morality, accepted principles of morality, or competition, trademark or advertising law. Any fees that have been paid will not be refunded in such cases. You are furthermore under obligation to identify any advertising content on your linked websites as such in the event that editorial and advertising contributions are mixed and to make it clear that you are responsible for the content of these websites.

 

§ 9 Payments and maturity

Billing will take place after acceptance of your order. We are entitled to issue invoices solely in electronic form. Subject to a separately agreed-upon installment payment schedule, payments are due immediately and in advance without deduction upon receipt of the invoice. In the case of a separately agreed-upon installment payment schedule, one-time payments are invoiced together with the first installment. If you are in default of an installment, in particular because a direct debit or a SEPA direct debit mandate is returned, any existing agreement concerning payment installments shall end immediately and without the need for a separate notice of termination. Furthermore, we are entitled to initiate judicial dunning or legal proceedings with regard to all owed sums at our discretion. Payment shall be deemed effected once we can actually dispose of the funds (for checks: the date of unconditional credit). We shall charge you any returned direct debits in the amount of the costs actually incurred by us, but at least EUR 10.00 for each invoice.

We reserve the right to increase the prices once for each renewal period by up to five percent or, alternatively, in the amount of the consumer price index of the month in which the invoicing takes place.

In the case of default, we charge interest according to § 288 II BGB (German Civil Code) and are entitled to suspend the provision of services in whole or in part.

A shortening of the advance information period for SEPA direct debit to one (1) day is hereby agreed. Offsetting is possible only with undisputed or legally established counterclaims. Only authorized representatives shall carry out collection.

 

§ 10 Disruption in Performance, Acceptance and Liability

Liability for brief, insignificant disruptions in accessibility to your company profile or disruptions which are beyond our control, or for any disadvantages from unauthorized use of your login information for which you are responsible, is excluded. This also applies to any service disruptions during maintenance. They do not justify a reduction, termination or assertion of claims for compensation. Prerequisite for the elimination of faults and defects is a timely report. Claims for defects that are not communicated to us in writing within two weeks after they have first been noticed are excluded. Contractual services are considered as accepted once they are used, but no later than 10 days after they have been made available. Warranty services are primarily rendered with corrections. If such a correction finally fails after two unsuccessful attempts, you are entitled to a price reduction or extraordinary termination.

We are liable only for damages caused by gross negligence, willful misconduct or negligent breach of primary obligations by us or by our vicarious agents. The liability is in any case limited in amount to damage foreseeable at the time of conclusion of the contract and does not include cases of force majeure. The limitation period for defects in the performance of wlw, if these are not based on willful intent, is reduced to 12 months.

 

§ 11 Data processing and assignment of rights

By placing an order, you agree to the processing, storage, and use of the equipment necessary for order execution, invoicing, increasing the advertising impact of your company profile, technical support, and performance analysis of company profile data, user profiles, and related personal data involved.

In addition, you grant wlw the right to store, process, and make your logos and company or product-related images, moving pictures, and copy publicly accessible on any website and comparable, (including mobile), media and services, to the extent necessary.

Distribution to third parties not concerned with the purpose of the contract is excluded.

 

§ 12 Miscellaneous

The law of the Federal Republic of Germany applies. Place of performance and jurisdiction is the seat of wlw. We are entitled to sue Austrian customers at the court with jurisdiction in Vienna, Inner City, Swiss customers at the court of Baar, and alternatively at the place where the customer’s property is located. Any changes to these GTC, including the text form clause, must be made in writing. The invalidity of individual provisions will not affect the remaining effectiveness of the other provisions of these GTC.

 

Contact “Wer liefert was”

 

in Germany

Wer liefert was? GmbH

ABC-Strasse 21

20354 Hamburg

Germany

Phone: +49 (0) 40 254 40-0

Fax: +49 (0) 40 254 40-100

Email: info@wlw.de

VAT ID no.: DE263357612

Tax number: 48/763/02042

Commercial register: HRB Hamburg no. 106779

Managing Director: Peter F. Schmid

 

in Austria

Wer liefert was? GmbH

Austria branch

Mariahilfer Strasse 34

1070 Vienna

+43 (0) 17431 528

Fax: +43 (0) 17431 527

E-mail: info@wlw.at

Company register: FN 392239y Commercial Court Vienna

UID: ATU67822234

Tax number: 09 220/8594

DVR: 0581488

Managing Director: Peter F. Schmid

Member of the Austrian Federal Economic Chamber

 

in Switzerland

Wer liefert was? GmbH, Hamburg,

Switzerland branch

Neuhofstrasse 5a

6340 Baar

Switzerland

Telephone: +41 (0) 41 766 33 88

Fax: +41 (0) 41 766 33 77

Email: info@wlw.ch

 

General Terms and Conditions (GTC)

Last revised: Feb. 6, 2018