Terms and conditions of use

Hello and welcome to the terms and conditions of use of FindPenguins, Pestalozzistraße 20, 80469 Munich (hereinafter „FindPenguins“ or „we“).

§ 1 Application of terms of use / services of FindPenguins

1. FindPenguins offers the services and products described below via the FindPenguins website, web app and via native apps for iOS and Android. For deployment, retrieval and use of all services, as well as the order and the purchase of products through all provided by FindPenguins websites, apps and software applications by the user (hereinafter "user", "customer", "you") only these Terms and conditions of use apply. We do not recognize deviating conditions unless we have agreed to their validity in writing.

2. FindPenguins offers the following services: Providing a website, web app and apps for the operating systems iOS and Android, providing a platform for the creation of travel blogs, archiving personal travel stories, photos and placemarks (hereinafter "Footprints") and for use as a social network for travelers. Find Penguins also offers the following products: Photo books and other printed matter, expanding the range reserved, which are configured and manufactured by FindPenguins on the basis of data provided by the user (hereinafter "products") (products and services are jointly referred to as "services").

3. The terms and conditions of use are valid also for eventual successors.

§ 2 Services of FindPenguins / conclusion

1. FindPenguins provides the following services itself or by third parties:

a) Providing a web site that can also be visited without registration,

b) Providing a web app and native apps for iOS and Android,

c) Provision of public (travel) profiles and other similar functions for setting of data and content (for example, texts, location data, images, graphics, video),

d) Provision of functions of social and interactive features for communication with third parties (for example, the delivery of messages to other users of the FindPenguins network or comments on contributions),

e) the creation of print products / products that are generated from the data provided by the user.

2. Terms of services / conclusion:

The usage agreement or other contractual relationship between you and FindPenguins is founded on:

a) visiting the FindPenguins website,

b) using a FindPenguins APP,

c) the installation / registration of a user profile and the application on an existing profile,

d) accessing our services,

e) including ordering and buying products,

f) by accessing the contents and materials provided by FindPenguins within the Services, and

g) by the settlement of incurred orders

A contract between you and us is concluded in the following way to acquire FindPenguins products:

(1) You are entering the necessary data in the order form.

(2) The order data can be changed at any time up to confirmation of the “Buy now” button.
(3) By clicking on this button, you are making a binding declaration to us on your application for conclusion of a contract (offer). At the same time you accept our terms and conditions of use, which at this point you can review, and you consent to the necessary transfer of your data in the event of the conclusion of the contract. Also at this point before accepting it, you can review the consent to the privacy policy.

(4) The receipt of your order will be confirmed immediately after sending the order, via the email address provided by you. The automatically sent order confirmation email does not constitute acceptance of the contract. We accept the offer either by sending the goods or orally or in writing by fax, e-mail or regular mail letter.
(5) The contractual language is German.
(6) We are saving the contract text and are sending the order data by e-mail to you.

3. To conclude the terms and conditions of use and other contractual relationship with FindPenguins you must be of legal age, or use our services together with a parent or guardian. You further assure that the information you provide during registration and in the settings Find Penguins personal information is correct and complete.

4. The right to use the FindPenguins services is valid only in the context of the given technical possibilities. It may sometimes be necessary to restrict services within the service network temporarily, for example in regard to capacity limits, the security of FindPenguins, the integrity of the server or the implementation of technical measures in the interest of sound performance.

5. FindPenguins reserves the right to reject registration requests and / or retrieval of services by users, in individual cases, in particular if the order of the default of FindPenguins requirements deviates or the user in his person does not meet the necessary requirements and / or is not creditworthy.

6. Please note that we can only accept orders and conduct deliveries if the delivery address is within the countries specified by us. Possibly payments received will be transferred back and credited to the credit card account. Any costs arising in this connection shall be borne by the users.

7. The presentation of services in particular in brochures, advertisements and on the internet does not constitute a binding offer of FindPenguins.

§ 3 Delivery / Delivery times

1. Delivery is from stock of FindPenguins, unless otherwise agreed in writing.

2. FindPenguins always aims to meet the deadlines specified. If FindPenguins falls back nevertheless, the user can withdraw from the contract in accordance with the following provisions and in line with applicable laws.

3. In the cases provided by law FindPenguins is granted an additional respite of two weeks. The period begins with the receipt of the written respite by the customer at FindPenguins.

4. Supply disturbances outside of the zone of affected burden of FindPenguins (particularly in the case of force majeure) and that are not culpably caused by FindPenguins, FindPenguins is entitled to rescind the contract, unless the impediment is only temporary. During the time of the obstacle Find Penguins is not in default. The purchase price already paid will be refunded in case of cancellation.

5. Orders and any power are only fulfilled by Find Penguins if no arrears from other contractual relationships exist with the user. Payments settle on open claims, interest and costs by chronological order and maturity.

§ 4 Payment methods / Terms of payment

1. Available payment methods are PayPal and credit card (VISA / MasterCard).

2. The purchase price is due immediately with the conclusion of contract and will be charged in advance. The credit card will be charged with completing the purchase.

3. All prices are inclusive of the at the time the contract effective value added tax (VAT).

4. In case of credit card reversal FindPenguins reserves the right to charge a handling fee, that is to be determined and appropriate in each case, unless the customer is not responsible for the credit card reversal.

5. All shipping costs, in particular packaging, transport costs, transport insurance and delivery bears the customer. All prices and additional costs are calculated according to the price lists of FindPenguins valid at the time of deployment and shipping.

6. Are there any additional costs for FindPenguins in result of specifying an incorrect delivery address or an incorrect addressee, the costs must be replaced by the customer, unless he is not responsible for the incorrect information.

7. Until all requirements are fulfilled, FindPenguins reserves the ownership of the delivered products.

§ 5 Instructions of withdrawal

Right of withdraw

You have the right to withdraw this contract without giving reasons within fourteen days. The withdrawal period is fourteen days from the date, you or a third party who is not the carrier, have or has taken the final goods in possession.

To exercise your right, you have to inform us (FindPenguins, Pestalozzistr. 20, 80469 Munich, Germany, Phone:. +49 177/321 2321 and email: help@findpenguins.com) by the means of a clear statement (e.g. a regular mail letter, fax or email) of your decision to withdraw from this contract. Therefor you can use the attached withdrawal form.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the right of withdrawal before the end of the withdrawal period.


Effects of withdrawal

If you are withdrawing from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the cheapest option we offer ourselves) immediately at the latest within fourteen days from the date on which we received the notification about your withdrawal of this contract. For this repayment, we are using the same method of payment that you used in the original transaction, unless explicitly agreed on otherwise; in no case you will be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods, or until you have supplied proof that you have returned the goods, whichever is the earlier.

You have to return the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you ship the goods before the end of the fourteen day period. You are be responsible for the costs of returning goods. The consumer must compensate for lost value for any deterioration that has arisen by the means of using the goods in accordance with the conditions. The consumer must pay for any loss in value resulting from using them above and beyond pure testing and if the goods can no longer be sold as “new”.

No right of withdrawal shall exist in the case of contracts for the supply of goods, that are made to the specification of the consumer or are clearly custom-made to the personal needs of the consumer or that are not suitable for shipping back because of their nature or condition. THIS MEANS ET AL THAT THERE IS NOT RIGHT OF WITHDRAWAL FOR THE ORDER OF A PHOTO BOOK OR OTHER PRINT PRODUCTS OR ANY PRODUCT BY THESE TERMS.

End of right of withdrawal

Sample withdrawal form

If you want to cancel the contract, please fill out the form below and send it to us:

To

FindPenguins, Pestalozzistraße 20, 80469 Munich, Germany


Email: help@findpenguins.com


Hereby I (*) / we (*) withdraw my (*) / our (*) signed contract for the purchase of the following goods (*) / provision of the following services (*)


Appointed on (*) / obtained at (*)


Consumer name(s)


Consumer address(es)


Consumer signature(s) (only for messages on paper)

Date

(*) Delete as appropriate.

Please note that the legal provisions do not apply for contracts concluded away from business premises and for distance contracts for the purchase of products in stationary stores and in stores of trading partners, as well as for the purchase of products by an entrepreneur or a company (eg for corporate events). In these cases there is no right of withdrawal.

§ 6 Warranty / Granting of rights

1. The user assures that he is entitled to dispose freely of all copyrights, ancillary copyrights, trademarks and other rights to texts, images, photographs and other contributions (hereinafter "contributions"), insofar as it requires the respective participation in services of FindPenguins. In particular, the user assures to be entitled to unlimitedly duplicate, distribute, make available to the public, edit and develop the contributions in person, or by third parties, independently of time, space and content and to be able to commercially evaluate them in any form.

2. The user further assures that no third party rights exist (eg copyright, service, brand, personality rights or rights to their own image) of or issued in relation to the contributions, and that no third party rights conflict with the rights granted under these terms. If third parties take FindPenguins into account of existing or alleged rights to the contributions, the user will hold FindPenguins free from all claims (including legal costs) on first call.

3. The user also guarantees that the contributions do not violate the law. The user guarantees in particular that no illegal, violence glorifying, inflammatory, racist, discriminatory or pornographic patterns, materials, images or other content, propaganda, symbols of unconstitutional organizations or instructions to crime are included in the contributions.

4. The user concedes FindPenguins, with participation in the FindPenguins services, the time, space and content unlimited, non-exclusive right to use, reproduce, disseminate, make publicly available, edit and develop the contributions provided to FindPenguins by the user or by third parties in all shapes, especially to remodel and edit the contributions in the form of travel blogs and photo books, to commercially evaluate and promote, to advertise with and to use the contributions for products, to grant rights to third parties and to dispose of the property of the products and to grant the rights granted hereunder to third parties partially or completely for evaluation and / or transfer.

§ 7 Property rights

1. The contents of the FindPenguins Website and FindPenguins APPs and in this regard the logos, symbols and software used are protected under the Copyright Act, the trademark law and regulations on the protection of intellectual property. Without written consent, protected content or trademarks of Find Penguins may not be published or used in any other way.

2. The products sold by FindPenguins are only for private use. The commercial resale as well as any reproduction, distribution, public disclosure, modification and processing of the products is prohibited.

§ 8 Warranty / Passing of risk

1. The use of the FindPenguins website and APP is at your own risk. FindPenguins is not liable for damage to your computer system or other technical devices, for loss of data or other damages incurred in connection with the downloading of content or the use of our services. Despite careful control we do not assume liability for links from this site to other websites operated by third parties. The content of linked pages is the exclusive responsibility of their operators.

2. We point out that the products are not waterproof and not color-stable upon prolonged exposure to sunlight. A warranty therefore does not exist with deterioration or loss of the products related by external influences.

3. The specifications at the time of conclusion of this contract take place with the background of the technical status at the time the contract is concluded. Minor variations of a technical nature (in particular in pictures and color scheme) of products are possible and do not constitute defects. Images cropped can slightly differ from the prescribed size. We point out that small color differences can also be due to the different monitors of customers and their preferences.

4. In the corporate segment the limitation period for claims arising from liability for defects is limited to 12 months. The legal provisions, examination and reprimand obligations to the HGB, apply to merchants.

§ 9 Liability

1. Our liability for breaches of contractual obligation and breaches arising from an offence is limited to intent and gross negligence. This shall not apply to injuries, death and impairments to the health of the customer or in the case of breach of cardinal duties or for claims for compensation for damage incurred through default (§ 286 BGB). Insofar we shall be liable for every degree of the breach. Liability in the event of the infringement of cardinal obligations shall be limited to the damage that is normally foreseeable. As far as the contractual liability of us shall be limited and/or excluded, this also applies to the personal liability of our employees, salesmen or assistants.

2. Find Penguins is not liable for the accuracy, quality or completeness of the content and / or contributions provided by our users. The publication of the contributions written or submitted by our users does not constitute expression of FindPenguins, in particular, we do not embrace any of their contents.

§ 10 Form of statements

Legally relevant declarations and notifications yielded to FindPenguins require text form (§ 126 b BGB).

§ 11 Privacy

1. The collection of personal data transmitted to FindPenguins in the needs of a contractual relationship, its implementation for processing orders, the delivery of our products, the provision of our services, as well as implementing the corresponding payment transactions are confidential and collected, stored and processed with the valid legal regulations.

2. We do employ other companies and individuals to perform tasks on our behalf as part of our duties and responsibilities in line with the FindPenguins services, for example, Product delivery, settlement of payments, Google Maps services. These service providers have access to personal information needed to perform their duties.

3. We also use your information to communicate with you about orders, products and services as well as to update our records and to maintain your customer accounts with us and to maintain and to map and store content.

4. For more content please refer to the FindPenguins Privacy Policy.

§ 12 Amendment of the terms

. FindPenguins reserves the right to amend these terms occasionally and in its sole discretion. If any such amendment will put you in a less favourable position, the amendment is only effective for you, if necessary because of technical or legal changes that incurred after the conclusion of the contract and that could not have be foreseen at the time of conclusion of the contract and if FindPenguins did not issue the change and had no influence to it. Such a change of the terms is therefore generally not concerning data collections that have been incurred in the past.

. Find Penguins is at any time entitled to perform editorial changes to the terms, that do not affect the current contractual relations with the user. Such changes include for example the correction of typos or the update of contact details that are part of these terms.

. For an amendment after conclusion of contract of essential provisions of these terms, in particular of those concerning the nature and extent of the services, your consent is required. You will be notified via a message in the app or via email. Your approval of the amendment of the terms shall be deemed granted if FindPenguins notifies you about the change in writing and you do not object to the amendment within the appropriate period of time given within the notification. If you do not want to continue using the services of FindPenguins under the new terms and conditions of use, please also delete your account.

§ 13 Final clause

1. To the extent permitted by law, the place of execution and payment is the registered office of FindPenguins.

2. The laws of the Federal Republic of Germany shall apply with the exception of the UN international trade law. This does not affect the binding provisions of the country in which the user has his habitual residence.

3. To the extent permitted by law, the parties agree on the exclusive jurisdiction of Munich.

4. Verbal agreements must be documented on a durable medium or as Email. Changes in the terms and conditions of use, including this confirmation clauses, as well as the agreement of delivery dates and periods, which can be binding or non-binding require a confirmation of FindPenguins to be legally valid.

5. Should one of the provisions in these terms be ineffective, it shall not affect the effectiveness of the remaining provisions. The ineffective provision is to be replaced by a legal provision that from an economic perspective comes as close to the regulatory intent pursued with the ineffective provision as is legally permissible. The same applies to gaps in the regulations.


Terms and conditions of use of FindPenguins, Pestalozzistraße 20, 80469 Munich,
Version: August 2016



NOTE: The English version of these “Terms and conditions of use of FindPenguins” is intended to be a translation from the German version. In case of dispute between the German and the English version, only the German version is legally binding.