Terms and Conditions – RelaxOne GmbH – Website
Conditions of participation and general terms and conditions (GTC) (as of 01.07.2020)
In order to ensure the operation of this online platform and the services generally offered by RelaxOne GmbH, we are obliged to comply with and satisfy the statutory provisions and to draw up some provisions of terms and conditions of use – GTCs.
The provisions and the legal relationship between you and RelaxOne GmbH shall be governed exclusively by German law and shall become an integral part of all legal transactions. Should individual provisions become or be invalid, the validity of the remaining provisions shall remain unaffected in such a case. Should an invalid provision arise between the contracting parties, it shall be replaced by a valid provision that comes as close as possible to the meaning of the invalid provision, insofar as this is possible.
In doing so, RelaxOne GmbH reserves the right to change this provision at any time. In this context, no express reference to a change is made, as the provisions are to be reviewed independently for changes by the contractual partner.
In doing so, the contractual partner declares its agreement with the GTC by using the service / accepting the delivery, even if these have not been expressly included in the contract between the contractual partners.
General use of the online offer:
Content, offers, dates and prices of the online offer:
RelaxOne GmbH does not assume any liability for the topicality of the contents, the correctness of the information and the completeness and quality of the information provided. Liability claims against RelaxOne GmbH relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded unless there is evidence of wilful intent or gross negligence on the part of RelaxOne GmbH. Unaffected remains
liability for damages resulting from injury to life, body or health.
All offers and dates are subject to change and non-binding. RelaxOne GmbH expressly reserves the right to change, supplement or delete parts of the website or the entire offer without prior notice or to discontinue publication temporarily or permanently. Orders must be confirmed in writing by RelaxOne GmbH to be valid. Unless otherwise stated, all prices are subject to the applicable sales tax.
Terms of performance and payment:
RelaxOne GmbH is entitled to demand advance payments of a reasonable amount and, in the case of continuing obligations, payments of the monthly fees in advance.
Retention of title and assignment:
RelaxOne GmbH retains title to a delivered item or an executed order until payment of all claims arising from the business relationship between the contracting parties.
The transfer of a right is subject to the condition that the contractual partner pays all claims arising from the business relationship, including all claims arising from previous legal transactions.
References and internet links:
Simple references (HTML links) to sub-pages and sub-directories (deep links) and the inclusion in parts (e.g. by means of frames) in other websites require the consent of RelaxOne GmbH. The setting up of HTML links to our offer is permitted and desired, although RelaxOne GmbH reserves the right to demand the deletion of the HTML link within a reasonable period of time at any time and without stating a reason. As the content provider for its own content that is made available for use and in accordance with general laws, RelaxOne GmbH is fully responsible for its own content. Cross-references, e.g. links to content provided by other providers, are to be distinguished from this own content. RelaxOne GmbH is only responsible for this third-party content if it has positive knowledge of it, i.e. also of illegal or punishable content, and if it is technically possible and reasonable to prevent its use in accordance with Section 5 (2) of the German Telemedia Act (TMG).
A link is a living or dynamic reference. It is not possible for RelaxOne GmbH to constantly check third-party content to determine whether this content could give rise to any civil or criminal liability. As a content provider, RelaxOne GmbH is not obligated under the German Telemedia Act (TMG) to constantly check the content referred to in offers for changes that could give rise to a new responsibility. Only if RelaxOne GmbH discovers or is made aware that a specific online offer to which a link has been provided gives rise to civil or criminal liability will RelaxOne GmbH remove the link to the online offer, insofar as this appears technically possible and reasonable for RelaxOne GmbH. In this regard, the technical feasibility and reasonableness shall not be affected by the fact that the illegal or criminal offer can be accessed from other servers even after access from the RelaxOne GmbH website has been prohibited.
Copyright and trademark law:
In all publications the copyright of the images, graphics, sound files, video sequences, texts, etc. RelaxOne GmbH strives to use only its own images, graphics, sound files, video sequences, texts, etc. or to use unlicensed graphics, sound files, video sequences, texts, etc.. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the registered owner. The mere mention of a trademark does not imply that it is not protected by the rights of third parties; all rights are reserved. Information and other content, e.g. texts, graphics, etc., may not be used or utilized in any form, even in part, without the prior consent of RelaxOne GmbH.
Claims arising from impossibility of performance, positive breach of contract, culpa in contrahendo, and tort shall be excluded against RelaxOne GmbH as well as against RelaxOne GmbH’s vicarious agents or assistants, except in cases of intent or gross negligence. The contract partner shall indemnify the agency against claims for compensation by third parties and all expenses based on the unauthorized use of materials, content or domains.
If events of force majeure occur during the contractual relationship between the contracting parties, RelaxOne GmbH shall be entitled to postpone the provision of services for the duration of the hindrance of the event and a reasonable start-up period or to withdraw from the contract between the contracting parties in whole or in part. Force majeure includes, for example, official interventions and orders, fire, floods, traffic blockages, lockouts, power shortages, server failures, strikes, mobilization or war.
RelaxOne GmbH undertakes vis-à-vis its contract partner to treat all documents and data provided to it as confidential. In addition, the contracting partner undertakes vis-à-vis RelaxOne GmbH to maintain strict secrecy with respect to all user IDs, passwords and accesses provided to it by RelaxOne GmbH for the purpose of fulfilling the contract. The contracting party shall be liable for any damage that may result from a breach of this obligation.
Within the framework of the contractual relationship between the contractual partners, personal data is stored in accordance with § 33 of the Federal Data Protection Act (BDSG). In the process, the case may arise that this data is transmitted to vicarious agents, cooperation partners, to involved third parties and the operators of search engines and published to the usual extent. Furthermore, personal data will only be collected, processed or used by RelaxOne GmbH if the contractual partner consents and a legal provision permits or justifies this.
In this context, it cannot be ruled out that, in this day and age of technology, unauthorized third parties may gain knowledge of transmitted data during data transmissions on the Internet. This risk must be known to the contractual partner and is accepted by him.
Amendments or supplements to the underlying GTC and ancillary agreements between the contracting parties shall only apply if they are agreed in writing. Thereby, the cancellation of this written form requirement, also requires the written form.
The place of jurisdiction is Berlin. German law shall apply exclusively between the contracting parties, even if the contracting party has its registered office abroad.
“We”, RelaxOne GmbH, are the responsible website operators.
14167 Berlin – Zehlendorf
Managing Director: Andreas Bergholz landline: 0049 030 / 403 677 077 E-mail: firstname.lastname@example.org Sales tax identification number: according to § 27a UStG: DE 29/490/31299 Register entry: HRB 206294 B Regulatory Authority: Local Court Berlin-Charlottenburg
How to reach us:
If you have any general questions about the RelaxOne GmbH website, please feel free to contact us by e-mail at any time. Please include your personal data / company information.