Part A General conditions
1.2 The services offering is directed exclusively to consumers according to § 13 BGB (German civil code).
1.4 Offerista is authorised to change these ToU, to supplement them and/or replace them without giving any reason.
1.5 Offerista is neither obliged nor prepared to participate in dispute settlement proceedings before a consumer arbitration board.
- Conditions for use/registration
No application or registration is required to use the services.
3.1 Via the apps and the website marktjagd.de, offerista.fr ,shopping.lexpress.frand barcoo.at, Offerista provides information on the latest offers, products and services from local traders and service providers (« suppliers »). The information can be adapted to the user’s location. Furthermore Offerista can also provide information on the local traders, such as contact data and opening times.
The offers displayed are not legally binding on the part of Offerista or the supplier in the sense of § 145 BGB (German Civil Code), but are instead intended as an aid for shopping at the corresponding suppliers and are to be understood as an invitation to go shopping at the respective vendor (invitatio ad offerendum). If the user purchases goods at a vendor, this results in a contract exclusively between the user and the respective vendor.
It is the user’s responsibility, before conclusion of the contract, to check all the relevant information and the up-to-dateness himself, based on the details furnished by the vendor.
3.2 The user can add vendors to his favourite shops and receive notifications on the latest offers from vendors. The apps also offer the possibility of creating a shopping list/reminder list forwarding offers, e.g. via email.
3.3 The barcoo app enables a bar-code scan and provides the user with the available information on the respective product. The user can call up products that have already been scanned via the menu option « Scan history ».
- Right of service adjustment and discontinuation
A legal entitlement of access to, and use of the services does not exist. Offerista expressly reserves the right to change the services, in part or completely, to supplement or temporarily/completely cease the services, without further notice.
- Rights of use for the apps (software), database and contents
5.1 The user acknowledges and understands that the apps as software are protected, in accordance with §§ 2 paragraph 1 No. 1, 69a ff. UrgG (law relating to copyright), the database according to §§ 4 par. 2, 87a ff. UrhG, and the contents according to § 2 par. 1 UrhG as well as according to other regulations.
5.2 Offerista grants the user a simple (not exclusive), not transferable right of usage of the services, especially the apps, the database and the contents provided for use, in the scope agreed in this ToU, otherwise for the use of the services to the absolutely necessary extent (transfer tied to purpose).
5.3 The user is, among others, not authorised to sell the apps, the database and/or the contents offered to a third party, to lease or for duplication that doesn’t serve private purposes in accordance with § 53 UrhG or to cede in any other way.
5.4 Furthermore the user is not authorised to reproduce the database or to copy, in type and extent, significant parts of the database, to disseminate it or make it public. The copying, dissemination, or making public of a significant part of the database, in type or extent, is the same as the repeated and systematic copying, dissemination and making public, in type or extent, of insignificant parts of the database. Inasmuch that these actions are contrary to a normal evaluation of the database by Offerista or impair Offerista’s justified interests in an unacceptable manner.
- User’s obligations/ blocking access
6.1 If a the user publishes his own contributions (in the following called “Content”) on a service he is obliged:
– not to infringe on any property, copyright, personal or other third party rights;
– not to breach moral standards, laws or any other legal standards with his user behaviour;
– not to set any links to websites or to refer to them in any manner, where the content is illegal, i.e. against the law or official regulations and/or infringe upon moral standards and/or third party rights (personal, name, brand and data protection rights);
– not to transmit any content that could damage the software, e.g. by viruses or other malware or to use the services in any way or manner that could cause damage by overloading or any other impairment;
– not to call for participation in snowball systems, chain letters or similar;
– not to place any content for commercial purposes.
6.2 By placing the contents the user authorises Offerista simple, time-based and territorially unlimited user rights for the publishing, dissemination and for the public accessibility of the contents on the services. The user does not have any claim to the publication of his content on the website. Offerista is also authorised to delete content at any time without giving reasons.
6.3 The user exempts Offerista from any third party claims that could result from a breach of the obligations listed above. This also includes the legal costs.
6.4 In spite of the measures taken, and the highest level of care and attention, it cannot be guaranteed that the apps are virus-free. Before installing the services the user is thus obliged to take precautions to protect his own computer, smartphone or tablet, e.g. by using a virus scanner.
6.5 If the user violates an obligation in these ToU, especially those in items 5 and 6, respectively in the event of a justified suspicion of an infringement, Offerista is authorised to block the access to the services without further notice and/or to finally block them. For clarification purposes, we would like to point out that the blocking of the access renders the right to use the services according to section 5 invalid.
7.1 Offerista is not liable for the up-to-dateness, completeness or quality of the contents provided by the vendor, nor for the type, scope and quality of the goods or services displayed. Offerista does not check the contents provided by the vendors, is not responsible for this and does not regard this as its own. The same applies to contents provided by the users.
7.2 Furthermore, Offerista does not accept any liability for the goods or services displayed at the conditions stated being available at the respective vendors and that they can actually be purchased. It is always recommended to get in touch with the vendors directly.
7.3 Offerista and the vendor operate their respective websites independent of each other. Offerista therefore does not accept any liability for the content-related or the technical design of these websites nor for the contents displayed. The same applies to vendors’ websites or those of third parties, which are linked to or integrated into the services in any other manner.
7.4 Offerista provides its services free of charge, a liability for material and legal errors, especially for the correctness, functionality and usability of the service is – with the exception of the fraudulent non-disclosure of a defect and gross negligence – is excluded.
7.5 Apart from that Offerista is liable for intent or gross negligence, in the event of injury to life, body or health, for the breach of an obligation the fulfilment of which first makes the fulfilment of the contract possible, and, the infringement of which jeopardises the fulfilment of the contract on which the users regularly relies (essential contractual obligation) or due to an assumed guarantee of quality, in the event of the fraudulent non-disclosure of a defect or in the event of actions under the product liability law. The claim for compensation for the infringement of essential contractual obligations is limited to the foreseeable damage typical for the contract.
7.6 Offerista is not liable for the functionality and compatibility of systems, programmes etc. that are not part of the Offerista services.
- Data protection
The protection of personal data is very important to Offerista. You can find further data protection provisions in our Data protection declaration.
- Closing provision
These ToU are subject to German law.
Part B Special terms loyalty programme
1.2 Offerista reserves the right to change, supplement and/or replace the special terms of the loyalty programme (part B) at any time without giving reasons.
- Conditions for participation
2.1 Every natural person with a place of residence in German can participate, inasmuch that this has been released for the test phase. The selection of the test users is random.
2.2 The participation in the loyalty programme is only permissible if the user personally performs the actions with which loyalty points are collected. Especially the use of software that automatically performs the actions is not permitted.
2.3 A user may only participate in the loyalty actions with one email address registered for his person. A forwarding of his email address to third parties (including family members) for use within the scope of the loyalty programme is not permitted. Only one email address is allowed for each device/installation.
2.4 If a user violates the above mentioned terms or if there is a justified suspicion of a violation, Offerista can immediately block the access in accordance with section 4.3 end the contract without further notice and delete all loyalty points collected, without compensation.
- Collecting and claiming loyalty points
3.1 Participants collect loyalty points by performing certain actions in the Marktjagd app.
3.2 The loyalty points collected can be exchanged for awards. Which awards can be claimed, for how many loyalty points, is displayed on the “My loyalty points” page, which can be accessed via the app menu. Loyalty points can only be exchanged for a certain award as long as stocks last. Vouchers are valid for a period of at least one/two/three years from the date of issue. After expiration of the minimum duration of validity, the respective vendor can be asked whether the voucher is still valid.
3.3 The used loyalty points are automatically subtracted from the user’s account. Cash payouts do not take place.
3.4 When claiming an award the participant must state his email address. If the award must be sent to the user by post, the name and address are required. The user is obliged to specify his contact data correctly and completely. For shipment purposes (digital/by post) Offerista only uses the contact data stated by the user and does not, accordingly, accept any liability for unsuccessful delivery attempts or the loss of the award due to incorrect information from the user.
3.5 If any actions or circumstances (e.g. a change of the end device, resetting the end device to works settings or technical problems while using the app) cause a loss of the loyalty points, these cannot be again credited to the user.
- Termination of the participation/giving notice
4.1 The participant can end his participation in the Loyalty Programme, at any time, by clicking on the checkbox “Participation in the loyalty programme” in the app settings.
4.2 Offerista can close down respectively end the Loyalty Programme with a notice of two weeks. The user can exchange points already collected against awards for a further two weeks after the Loyalty Programme has been discontinued. After the two weeks have expired the loyalty points become invalid.
4.3 Offerista can terminate the contract for exceptional reasons without a cancellation period. Giving notice without a remedial cancellation period is then possible of the user violates section 2.2 or the justified suspicion of a violation exists.
4.4 Cancellation need not be in the written form.