Terms of use

General Terms of Use for queer-pflege.de

Andreas Schütz - Goethestr. 58 - 10625 Berlin, operates a German-language website under the name "queer-pflege.de" and other related services (called: Queer-Pflege-Dienste)

Notes:
Due to the possibility of booking highlighted adverts via the website, we must appear here as a small business. Small businesses within the meaning of Section 19 (1) UStG have the right to choose whether they wish to pay VAT. If they decide not to pay VAT, they do not generally require a VAT identification number. If they do not have a VAT identification number, they do not have to provide one in the legal notice. In addition, small entrepreneurs are often not entered in the commercial register, so that no information is required in this respect either. However, if there is an entry in the register or if a VAT identification number has been issued, the relevant information must be provided. The model assumes that there is no VAT identification number and that the operator of the website is not entered in the commercial register. Furthermore, the model is based on the assumption of a journalistic-editorial website, so that the provider identification has been included separately in accordance with Section 18 (2) MStV.

Right of cancellation

These Terms of Use (hereinafter referred to as "Terms of Use") comprise the general guidelines for the use of the services of "Queer-Pflege.de". Terms and conditions of users that contradict these Terms of Use do not apply unless they have been confirmed in writing by "Queer-Pflege.de". When using "Queer-Pflege.de", the terms of use are made available in German.

Please understand that use of the portal is only permitted if users accept these terms of use.

These terms of use apply from 01.04.2023.

If you are a consumer of Queer-Pflege.de and conclude paid service contracts with "Queer-Pflege.de", you have a statutory right of cancellation, about which "Queer-Pflege.de" informs you as follows:

Consequences of cancellation

If you cancel this contract, we will - without undue delay, but no later than 14 days after receiving notification of your cancellation - refund all payments already received from you, including delivery costs (except for additional costs incurred due to a delivery method requested by you and deviating from our offered cheapest standard delivery). We will make this refund using the same means of payment that you used for the original transaction, unless you have expressly authorised otherwise. In any case, you will not be charged any fees for this refund.

Exceptions to the right of cancellation:

There are exceptions to the right of cancellation. The right of cancellation expires for contracts for the delivery of digital content that is not delivered on a physical data carrier (e.g. CD or DVD) if you have expressly agreed that we will begin executing the contract before the end of the cancellation period and you have confirmed that you are aware that you will lose your right of cancellation as soon as the execution of the contract has begun.

Your right of cancellation shall expire prematurely if we have provided the service owed in full and have only started to provide the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of cancellation if we have fulfilled the contract in full.

Sample cancellation form

You can (but do not have to) use the following cancellation form if you wish to cancel the contract.

Cancellation form:
(Only complete and return this form if you wish to cancel the contract)

To: "Queer-Pflege.de" - Andreas Schütz - Goethes. 58 - 10625 Berlin
Telephone number: 4917644413929
E-mail address: hello (a t ) queer-pflege.de

(*) Delete where not applicable.

• * I/we () hereby give notice that I/we () wish to cancel my/our () contract of sale of the following goods ()/for the provision of the following services: Ordered on ()/received on ()
• Address of the customer
• Signature of the customer (only if this form is sent in paper form)
• date

§1 Registration, offer and use of the portal

1. "Queer-Pflege.de" is a platform designed for use in the DACH countries - Germany, Austria and Switzerland. Private and commercial providers can register.
2. "Queer-Pflege.de" provides an online service through which you as a user can create and publish adverts, view published adverts of other users and exchange electronic messages between advertisers and interested parties.
3. The purpose of "Queer-Pflege.de" is to create a simple and free platform to find queer care offers and care contacts, to publish adverts and to bring together those offering and selling as well as those potentially buying the advertised queer goods or services. "Queer-Pflege.de" is in no way a seller of the products or services advertised in the adverts. "Queer-Pflege.de" is also not a recruitment agency or a provider of labour.
4. When registering on "Queer-Pflege.de", you will be asked to provide correct and complete data. When registering, you must provide your valid e-mail address/telephone number and a personal password. No prior registration is required to use the portal.
5. As soon as you place an advert, a contract is concluded between "Queer-Pflege.de" and you for the use of the "Queer-Pflege.de" portal (hereinafter referred to as the portal usage contract). You may not allow third parties to use your access. You are obliged to keep your access data secret and to protect it from access by third parties.

§2 Free of charge

1. "Queer-Pflege.de" is free of charge for private and commercial users as well as organisations that count as public institutions.

§3 Services of the provider

1. Queer-Pflege.de allows you to publish adverts, contributions and links on the portal within the framework of these terms of use. We provide you with an Internet portal for this purpose within the scope of our technical and economic possibilities. We endeavour to keep our service available, but do not assume any further performance obligations. You are not entitled to expect the service to be available at all times.
2. We assume no liability for the accuracy, completeness, reliability, timeliness and usefulness of the content and advertisements provided.
3. You have the option of publishing your adverts on the portal via a function for sharing on other websites. If you do this and publish your contributions or adverts on another website, you are responsible for ensuring that your advert does not violate the principles of that website.
4. We reserve the right to remove adverts whenever they are reported by another user or if we have reason to believe that the advert is causing problems or is in breach of the law, these terms of use or one of our principles.

§4 Exclusion of liability

1. You have no claims for damages against Queer-Pflege.de, unless otherwise specified below. The legal representatives and vicarious agents of Queer-Pflege.de are also covered by this exclusion of liability if you assert claims against them.
2. Queer-Pflege.de shall only be liable for compensation for indirect damages, such as loss of profit, in the event of wilful intent or gross negligence on the part of Queer-Pflege.de.
3. Excluded from the exclusion of liability specified in paragraph 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by Queer-Pflege.de, its legal representatives or vicarious agents.
4. The adverts published on Queer-Pflege.de originate from the users. Queer-Pflege.de therefore assumes no guarantee or warranty for the up-to-dateness and accuracy of the adverts. Queer-Pflege.de also cannot guarantee the communication, quality, security or legality of the adverts.
5. Queer-Pflege.de has a claim against users for indemnification against claims asserted by third parties due to the violation of a right by users. Users undertake to support Queer-Pflege.de in the defence of such claims. Users are also obliged to bear the costs of an appropriate legal defence by Queer-Pflege.de.
6. Users shall indemnify Queer-Pflege.de against all claims asserted by other users or other third parties against Queer-Pflege.de due to an infringement of their rights by advertisements and other content posted by the user on Queer-Pflege.de or due to other use of Queer-Pflege.de by users. In this case, the user shall bear the costs of the necessary legal defence of Queer-Pflege.de, including all court and legal fees at the statutory rate. The claim for indemnification does not exist if the user is not responsible for the infringement.
7. In the event of a claim by a third party, users are obliged to provide Queer-Pflege.de immediately, truthfully and completely upon request with all information necessary for the examination of the claims and their defence.
8. Users are obliged to compensate Queer-Pflege.de for damages caused by breaches of duty.

§5 Transfer of rights of use

1. You as the user retain the copyright for the adverts you post. We at "Queer-Pflege.de" reserve the right to move adverts within our website, combine them with other content or change them.
2. You have no right to demand that we at "Queer-Pflege.de" delete or correct your adverts.

§6 Termination

1. Queer-Pflege.de reserves the right to delete user accounts that have been inactive for a longer period of time or are not fully logged in.
2. You can cancel or terminate your participation at any time by giving Queer-Pflege.de 14 days' notice. At your request, Queer-Pflege.de will then block or delete access to your account. Read more here in the privacy policy. The right to blocking according to § 2 remains unaffected.
3. If there is an important reason, Queer-Pflege.de is authorised to block access to your account immediately and to delete it without notice.
4. Queer-Pflege.de is authorised to block access to your account after your participation in the portal has ended. Personal data that you have entered in the registration form or in the advertisement form in the "Personal data" section, as well as the title of the advertisement, advertisement text and any videos or images will be comprehensively deleted. Queer-Pflege.de can analyse other advertisement data anonymously and, of course, store and use it beyond the publication period without reference to you.

§7 Deletion, blocking or discontinuation of the offer

1. You have the right to cancel these terms of use at any time by deleting your account and discontinuing the use of Queer-Pflege.de.
2. However, Queer-Pflege.de reserves the right to make changes to its service and to delete posts or adverts or to block users temporarily or permanently if they violate legal regulations, the rights of third parties or these terms of use.
3. If Queer-Pflege.de terminates its service, it may not delete the content created by the users, but is authorised to do so. However, Queer-Pflege.de will endeavour to give users a reasonable notice period of 2 weeks.

§8 Choice of law

1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).
2. The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies. Accordingly, "Pflege-Kleinanzeigen" is not willing and not obliged to participate in dispute resolution proceedings with consumers before a consumer arbitration board (Section 36 (1) No. 1 VSBG).
4. Severability clause:
5. Should one or more provisions of these Terms of Use be or become legally invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced as quickly as possible by another provision that comes as close as possible to the economic content of the invalid provision. In all other respects, the statutory
6. The statutory provisions apply.

Severability clause:

1. Should one or more provisions of these terms of use be or become legally invalid, this shall not affect the validity of the remaining provisions. 
2. The invalid provision shall be replaced as quickly as possible by another provision that comes as close as possible to the economic content of the invalid provision. 
3. The statutory provisions apply.