General terms and conditions

1. General information

For the business relationship between the customer (hereinafter referred to as "restaurateur") and united vertical media GmbH (hereinafter referred to as "speisekarte.de") in the area of products of speisekarte.de, the following General Terms and Conditions of Business (hereinafter referred to as "AGB-speisekarte.de") shall apply exclusively. Conflicting or deviating terms and conditions of the restaurateur are not recognized. Verbal agreements require written confirmation. speisekarte.de reserves the right to change, amend or rewrite these GTCs at any time and without giving reasons. The restaurateur will be informed of any changes, additions or new versions of these GTC-MenuCard.com by e-mail in good time before they come into effect. If the restaurateur does not object in writing within four weeks of receipt of the notification of the change, supplement or new version, the amended AGB-speisekarte.de shall be deemed accepted. The restaurateur will be informed of the consequences of the amendment, supplement or new version in the context of the notification of the amendment, supplement or new version. If the restaurateur does not accept the amended AGB-speisekarte.de, speisekarte.de is entitled to a special right of termination with a notice period of 3 months; speisekarte.de must exercise this right within 4 weeks of the restaurateur's objection.

2. Conclusion of contract

The contract is concluded by the submission of an offer by the restaurateur and its acceptance by speisekarte.de. The order is legally binding. The order (also called order) can also be placed by digital signature of the restaurateur. Order confirmations are generally not advertised. However, if the order is concluded by telephone or verbally, a written confirmation letter from speisekarte.de is required.
The premature implementation of the order in the online version is to be seen exclusively as a service for the restaurateur and does not constitute acceptance of the contract.

3. Terms and termination

The contracts concluded are generally contracts with a term of 12 months, beginning with the conclusion of the contract. This contract can be terminated with a period of notice of 3 months to the end of the term. If the contract is not terminated, it will be automatically extended by a further 12 months.
Something else applies only if an unlimited term was agreed between the parties. Then it is a contract concluded for an unlimited period of time, also starting with the conclusion of the order. This can be terminated monthly with a notice period of two weeks.

4. Publication

Every restaurateur is published on the portal speisekarte.de as a free standard entry. Highlighted entries and entries that deviate from the wording or layout of the standard entry are subject to a charge. The only exception to this principle is the free trial membership for a certain period of time. If the standard entry or a part of the standard entry is replaced by a fee-based entry or if the standard entry is changed or supplemented in any other way by a fee-based entry, the standard entry is replaced by the modified entry.
As a rule, the online entry is published on the portal speisekarte.de at the latest in the month following the placement of the order. Should the publication on the portal speisekarte.de - for whatever reason, apart from a violation of the principles governing the directory (cf. Clause 6) - not take place, speisekarte.de shall immediately notify the restaurateur of the non-publication and return the services received. speisekarte.de shall then no longer be bound by the order. In the event of force majeure, any obligation to fulfill orders and pay damages shall lapse.
The print edition in which the advertisement is published depends on the time at which the order is placed. If an order is only concluded when the sales period for the next issue of Die Speisekarte.de has already ended, publication can only take place in the following issue. speisekarte.de endeavours to have Die Speisekarte.de published on the scheduled date, but is not liable for adherence to this publication date. No guarantee can be given for a specific term (usually one year). Should the print edition - for whatever reason, apart from a violation of the principles governing the directory (cf. Item 6) - not appear, speisekarte.de will immediately notify the restaurateur of the non-appearance and return the services received. speisekarte.de is then no longer bound by the order. In the event of force majeure, any obligation to fulfill orders and to pay damages shall lapse.

5. Competition exclusion and placements

Exclusion of competition cannot be granted. Placement requests will be considered subject to the availability of accommodation. speisekarte.de reserves the right to make changes to previous placements for reasons of make-up; these changes do not affect the validity of the order. The same applies to format changes. Likewise, speisekarte.de reserves the right to change the names of kitchen directions or similar.

6. Entry content

The content of the entry must comply with the principles governing the speisekarte.de directory or the menu. It is therefore strictly forbidden to post information content that is insulting, threatening, glorifies violence, racist or sexually offensive, as well as content that encourages the use of harmful substances (within the meaning of the German Drug and Narcotics Act). In addition, it is prohibited to post religious and political information offers that hurt the feelings of those who take a different religious or political stance. speisekarte.de reserves the right to remove, not publish or not broadcast entries, coupons and video spots that distribute immoral content or violate applicable laws and legal norms.

7. Liability for order content

For the contents of the order, in particular the information and pictures contained therein as well as the legal consequences possibly resulting from these, the gastronomer is exclusively liable. This also applies in particular to all entries made by the gastronomer himself. Changes of address, telephone number and other textual changes must be notified to speisekarte.de in writing by the restaurant operator without delay. The restaurateur must clarify any legal issues, particularly those relating to professional, competition, trademark, copyright and name rights, on his own initiative before placing the order. The restaurateur assures speisekarte.de that he/she has all the rights to the content that are necessary to implement the order without restriction. If value-added telephone numbers are published in advertisements, the restaurateur undertakes to comply with and publish the obligatory information in accordance with the TKG.

8. Obligations of the restaurateur to cooperate

If the restaurateur does not provide the required documents properly, incompletely or in a timely manner, speisekarte.de is authorized, but in no way obligated, to compile the wording at its own discretion at the time of the requirement; this usually takes place four weeks after the order is placed if the documents have not been received by speisekarte.de by then. Publication may be delayed accordingly due to the gastronomer's breach of these obligations to cooperate. This delay has no effect on the start of the contract and thus on the term of the contract or on the customer's payment obligation. The restaurant operator agrees to shorten the text if the ordered entries cannot be accommodated in terms of space.

9. Transfer of rights

For the design of insertions and video spots - regardless of the form (image, text or sound) - the copyright and property rights remain with speisekarte.de. A transfer or assignment to third parties is only permitted with the consent of speisekarte.de. The restaurateur transfers to speisekarte.de all rights required to implement the order, in particular with regard to the content contained therein. In the event of a claim by third parties who assert their claims against speisekarte.de in connection with the published content, the restaurateur alone is liable and undertakes to indemnify speisekarte.de from third-party claims and the costs of the necessary legal defence.

10. Changes and return of documents

The costs for ordered final artwork, multi-colour prints and other printing documents, as well as changes to originally agreed designs requested by the Restaurant or for which the Restaurant is responsible shall be borne by the Restaurant. In the case of printing, we reserve the right to make technical colour deviations from the artwork and these do not justify a price reduction. The documents provided to speisekarte.de will only be returned at the express request of the restaurateur after publication. The documents shall be returned in the usual condition after editorial processing.

11. Proofs

If the order is cancelled by the restaurant operator before the publication date, the agreed remuneration (order value) is due. However, speisekarte.de must take into account the amount of expenses saved as a result of the cancellation of the contract. If the restaurateur disputes the amount of the savings, he/she must provide proof of this. After publication, speisekarte.de is entitled to payment of the entire invoice amount even if the contract is terminated. Partial amounts will not be refunded.

12.Termination

13. Right of withdrawal

speisekarte.de may withdraw from the contract without any claims for damages on behalf of the restaurant operator if it only becomes apparent at a later date that the content or form of the order violates the principles governing the directory (cf. Item 6). A right of withdrawal also exists if there is reasonable doubt about the creditworthiness of the restaurateur. speisekarte.de may also withdraw from the contract if the restaurateur is in arrears with payments due and has not complied with the payment request on time after a reminder has been sent or a deadline has been set.

14. Claims for damages and claims of the client for defects and exclusion of liability

Claims for damages, regardless of the legal basis, are excluded within the scope of legal admissibility, unless speisekarte.de is guilty of intent or gross negligence or, in the case of slight negligence, of the violation of such obligations whose fulfilment is essential for the proper execution of the contract (so-called cardinal obligations). In the latter case, liability is limited to foreseeable damages typical for the contract. In the event of an injury to life, body or health for which speisekarte.de is responsible, speisekarte.de shall be liable without limitation. Liability for damages that occur despite the assumption of a guarantee for the quality of the work as well as liability under the German Product Liability Act (ProdHaftG) shall remain unaffected by this.
speisekarte.de endeavours to execute the order carefully. In the case of completely or partially illegible, incorrect or incomplete entries, the restaurant owner is entitled to claim reductions (no withdrawal) to the extent that the purpose of the entries has been impaired (at most to the amount of the amount incurred). In all cases, a claim for supplementary performance with regard to a print edition is excluded, as this would only be possible at disproportionate cost. Speisekarte.de assumes no liability for errors of any kind arising from telephone transmissions. If defects occur in connection with an entry, the restaurateur is not entitled to refuse payment for another entry that is subject to a charge.
Claims from § 284 BGB are excluded. In the event of obvious defects, notices of defects must be submitted to speisekarte.de in writing within 30 days of publication. If no notification is made in due time, claims are excluded. The limitation period for all claims (including claims for damages) is one year, unless there is intent. In case of force majeure any claims for damages and warranty claims shall be excluded.

15. Billing

The invoiced prices are net end prices for the client, possible claimed compensation for funds cannot be granted by speisekarte.de. Invoices can be issued by the publisher before the performance of the service. The invoice amount is payable without deduction within 30 days of the invoice date to a specified account of speisekarte.de, quoting the order and customer number. In the event of collection or cash payment by speisekarte.de, cash payment must be made immediately upon placement of the order. Payments made to the publisher's agent will be recognised upon proper acknowledgement. For each reminder issued (in non-commercial business transactions only from the 2nd reminder), speisekarte.de reserves the right to charge reminder costs. A set-off is only permitted if the claim of the caterer for set-off is undisputed or legally binding.

16. Place of performance and jurisdiction

Place of performance and exclusive place of jurisdiction for both parties is Nuremberg. With regard to the place of jurisdiction, however, this shall only apply if the restaurateur is a merchant, a legal entity under public law or a special fund under public law, or if the restaurateur can make an effective agreement on the place of jurisdiction for other reasons.

17. Data protection

The legal basis for the storage of the name and address of the restaurateur as well as all data required for the processing of the order is, according to Art. 6 para. 1 sentence 1 lit. b) EU-DSGVO, the concluded contract. Furthermore, reference is made to the applicable data protection statement.

18. Adress

united vertical media GmbH
Pretzfelder Straße 7-11
90425 Nürnberg
e-mail: info@speisekarte.de
phone.: +49 (0)911 37 75 02 84; Fax: +49 (0)911 37 75 02 99
limited liability company
Headquarters Nuremberg
Commercial register: AG Nuremberg - HRB 28744
Sales tax identification number (according to § 27a UStG): DE291221203
Managing directors: Jürgen Renghart, Michael Amtmann

Status: October 2018