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QueerPflege-LSBTIQ-Pflege Buntes Logo mit blumenähnlichem Design und dem Text „queer pflege.de“.
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Terms of use

General terms of use for queer-pflege.de

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

QueerPflege-LSBTIQ-Pflege Eine Illustration einer Gruppe älterer Menschen mit einer Regenbogenfahne.

Notes:

Due to the possibility to book highlighted ads via the website, we have to act as a small business here. Small entrepreneurs in the sense of § 19 para. 1 UStG have a right to choose whether they want to pay VAT. If they decide not to pay VAT, they do not need a VAT identification number. If they do not have a VAT identification number, they do not have to state one in the imprint. 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 corresponding information must be provided. The sample assumes that there is no VAT identification number and that the operator of the website is not entered in the commercial register. Furthermore, the sample is based on the assumption that the content is journalistic and editorial in nature, so that the provider identification pursuant to Section 18 (2) MStV has been included separately.

Right of withdrawal

These Terms of Use (hereinafter "Terms of Use") comprise the general guidelines for the use of the services of "Queer-Pflege.de". Terms and conditions of the users that conflict with these Terms of Use shall not apply unless they have been confirmed in writing by "Queer-Pflege.de". When using "Queer-Pflege.de", the terms of use are provided in German.

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

These terms of use are valid from 01.04.2023.

When your consumer from Queer care.com are and paid service contracts with "Queer care.com", you have a statutory right of revocation, about which ".Queer care.com" informed you as follows:

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

Exceptions from the Right of withdrawal:

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

Your right of withdrawal expires prematurely if we have fully performed the service owed and have only begun to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.

Sample cancellation form

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

Cancellation form:

(Fill out and return this form only if you want to cancel the contract)

To: "Queer-Pflege.de" - Andreas Schütz - Goethes. 58 - 10625 Berlin
Phone 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 () purchase contract for 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 delivered in paper form)
  • Date

§1 Registration, offer and portal use

  1. "Queer-Pflege.de" is a platform designed for use in the DACH countries - Germany, Austria and Switzerland. Private providers and commercial providers can register.
  2. "Queer-Pflege.de" provides an online service through which you as a user:in can create and publish advertisements as well as view published advertisements of other user:in 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 advertisements and to bring together offering and selling as well as potentially buying queer goods or services. "Queer-Pflege.de" is in no case itself seller:in the products or services advertised in the advertisements. "Queer-Pflege.de" is also not a placement agency or a labor broker.
  4. When registering on "Queer-Pflege.de", you will be asked to provide correct and complete information. When registering, your valid e-mail address/telephone number and a personal password must be provided. No prior registration is necessary to use the portal.
  5. As soon as you place an advertisement, a contract on the use of the portal of "Queer-Pflege.de" is concluded between "Queer-Pflege.de" and you (hereinafter referred to as portal usage contract). You may not give your access to third parties for use. You are obliged to keep your access data secret and to protect it from access by third parties.

§2 Fees

  1. "Queer-Pflege.de" is for private and commercial Nutzer:innen as well as institutions that count as public institutions, free.
  2. There is the possibility to use certain additional services voluntarily, for which we reserve the right to charge fees (e.g. to advertise advertisements in a special way on request). You will be informed separately and comprehensively if fees are incurred for an additional service.
  3. If you wish to use an additional service for which a fee is charged, the costs will be shown in euros and can be changed by us at any time. We will notify you of any changes in charges and you agree to the new charges if you wish to continue to use the chargeable service after the change.
  4. The individual fees are due for payment immediately and can be paid via the payment methods offered on the website. If the collection fails and you are responsible for the failure, you must reimburse us for the additional costs incurred. If you use paid services and do not pay the fees, we may block you from further using our services.

§3 Services of the provider

  1. Queer-Pflege.de enables you to publish advertisements, 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 make every effort to keep our service available, but we do not assume any further service obligations. You have no right to constant availability of the service.
  2. We do not guarantee the accuracy, completeness, reliability, timeliness and usefulness of the content and advertisements provided.
  3. You have the possibility on the portal to publish your advertisements also on other websites through a sharing function. If you do this and publish your posts or advertisements on another website, you are responsible for ensuring that your advertisement does not violate the principles of that website.
  4. We reserve the right to remove advertisements whenever they are reported by another user or if we have evidence that the advertisement is causing problems or violating any law, these Terms of Use, or any of our policies.

§4 Disclaimer

  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. Liability for compensation of indirect damages, such as loss of profit, exists only in the case of 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, health and claims for damages arising from the breach of essential contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by Queer-Pflege.de, its legal representatives or vicarious agents.
  4. The advertisements published on Queer-Pflege.de originate from the users. Queer-Pflege.de therefore assumes no guarantee or warranty for the timeliness and accuracy of the advertisements. Queer-Pflege.de also cannot guarantee the communication and the quality, security or legality of the advertisements.
  5. Queer-Pflege.de has a claim against Users for indemnification against claims of third parties, which they assert due to the violation of a right by Users. Users undertake to support Queer-Pflege.de in defending against such claims. Users are also obligated to bear the costs of an appropriate legal defense of Queer-Pflege.de.
  6. Users 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 in Queer-Pflege.de or due to the other use of Queer-Pflege.de by Users. In this case, the User shall bear the costs of the necessary legal defense of Queer-Pflege.de, including all court and attorney fees in the statutory amount. The claim for exemption 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 obligated to provide Queer-Pflege.de, upon request, immediately, truthfully and completely with all information necessary for the examination of the claim and its defense.
  8. Users are obligated to compensate Queer-Pflege.de for any damages caused by breaches of duty.

§5 Transfer of rights of use

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

§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 with a notice period of 14 days by sending an appropriate declaration to Queer-Pflege.de. 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 block according to § 2 remains unaffected.
  3. In case of an important reason Queer-Pflege.de is entitled to block the access to your account immediately and to delete it without notice.
  4. Queer-Pflege.de is entitled 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 part "Personal data", as well as the title of the advertisement, advertisement text and, if applicable, videos or pictures will be comprehensively deleted. Queer-Pflege.de can evaluate other advertisement data anonymously and, of course, store and use it without reference to you even beyond the publication period.
Contact us

§7 Deletion, blocking or discontinuation of the offer

  1. You have the right to terminate these Terms of Use at any time by deleting your account and discontinuing your use of Queer-Pflege.de.
  2. However, Queer-Pflege.de reserves the right to make changes to its service and to delete posts or advertisements or to temporarily or permanently block users 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 it is entitled to do so. However, Queer-Pflege.de will try 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 (OS), 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 (§ 36 para. 1 No. 1 VSBG).

§9 Payment

  1. Credit card, debit card
    In the order process you enter the details of your credit or debit card. Your card will be charged immediately after placing the order.
  2. PayPal
    In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
  3. Stripe
    If you choose to pay by credit card, the payment information you enter will be transmitted to the payment service provider Stripe (Stripe, 185 Berry Street, Suite 550, San Francisco, CA 94107). Credit card information is always encrypted when transmitted over networks.
  4. Immediately by Klarna
    In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
QueerPflege-LSBTIQ-Pflege Eine Illustration zweier älterer Männer, die sich mit Wärme und Zuneigung umarmen.

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. The invalid provision shall be replaced as soon as possible by another provision that comes as close as possible to the economic content of the legally invalid provision. In all other respects the statutory
  2. The statutory provisions apply.

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