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Terms of Use

Terms of Use for “WOW” Valid from January 1, 2013 These are the general terms and conditions (hereafter “TAC”) for the use of the websites within the domain The-WOW.com (hereafter: the “SERVICE” or simply “WOW.”) These TAC are directed at all people who use this offer (“USERS”). Those with a right to use it are naturally only people for whom a commercial or vocational purpose is excluded. Only people of legal majority or those who have legal permission from their proxy guardian have the right to use it. By registering to use the SERVICE the USER expressly confirms (i) their legal age and (ii) in the case of being under-age, the approval of their legal proxy guardian. 1. General (1) The use of the SERVICE is subject to these TAC. The TAC are accepted by the USER when he confirms his registration. (2) The validity of any potential TAC of the USER are hereby expressly excluded. Potential TAC of the USER only become a component of the contract when WOW explicitly approves this in writing. (3) The TAC can be viewed, printed or saved by a device at any time under General Terms and Conditions 2. Description and Conditions of the SERVICE (1) On WOW, the USER can discover and purchase design products at particular partner online shops selected by WOW (“business partners”). For that reasons a selection of online shops is available to the USER on the SERVICE. The products offered by the partner online shops can be chosen within the products section made available by WOW. (2) When the USER chooses to purchase a product, the USER will be redirected to the product landing page of the partner online shop. Should the product not be available on the partner online shop, WOW cannot be made responsible; a guarantee of the availability of products lies in sole consideration of the business partner. (3) WOW is not responsible for the fulfillment of the product purchase, but rather only makes the possibility of identifying a product and transfers only the USER traffic to the business partners. The business partner becomes the contractual partner of the USER and exclusively responsible for the fulfillment of the effected purchase. (4) WOW is not responsible for any discrepancies between the product related information provided on the-wow.com and the respective information provided on the linked partner online shop (e.g., price, location, style, category, and others). (5) WOW is not responsible for handling the purchase (money transaction), the shipment, refund, guarantee, or any other services related to the actual product. 3. Agreement of Use of the SERVICE (1) The SERVICE is available to USERS for their personal use alone. The USER agrees to comply with the terms and conditions of the partner online shop after the purchase. (2) WOW promises the USER to keep the services provided in accordance with the offer and the rules according Number 2 and concedes to the USER the simple and untranslatable rights of use. (3) Usage of WOW is allowed only in compliance with the methods already given by WOW. The database of WOW is only to be accessed with the permission of WOW. Exploitation or unauthorized access of the database is not permitted. Copying, distributing, transmitting or publishing the data in any form is prohibited in so far as it occurs without the permission of WOW. Each use not expressly authorized in these TAC requires the prior written consent of WOW. In particular the commercial resale of an effected product offer made on WOW, when WOW has not expressly given prior consent. (4) The USER concedes free of charge to WOW all of the given content of the rights of use. These rights of use include especially the right to make public worldwide the contents of the offer, to reproduce it and to give it to third parties. (5) WOW is permitted, to make exception and terminate the usage for the SERVICE, if the specified obligations and/or rights are violated, and if the violation remains in spite of written notice and it was unfair to hold WOW to the contract. 4. Fees The registration of a user account on the offer is free for the USER. For the usage of the offer according to the agreement from Number 2, a redirection or purchase fee is charged. 5. Contents from partner online shops (1) On the SERVICE, public offers and content from partner online shops are principally not reviewed by WOW. (2) The content made public by partner online shops of WOW does not reflect the opinions or views of WOW. (3) It is forbidden for the partner online shops to post content on the offer that is damaging to third parties or against statutory provisions or common decency. In particular the contents are not allowed to be insulting, damaging commercially or slanderous. Commercial contents are not permitted. As soon as WOW finds legally damaging contents, it is allowed to delete or freeze the contents. (4) The partner online shops are solely responsible for the content created by them. The partner online shops promise to WOW to be the owner of all necessary rights of the content created by them, and not to injury a third party, regardless of in which way, as well as not to transgress on any legal agreements. (5) The partner online shops are additionally responsible for ensuring that all content posted by them on the SERVICE is free of viruses, worms, Trojans and any other such programs, that damage or endanger the functioning ability or condition of the SERVICE or that could cause damages from user to user. 6. Exemption (1) The partner online shops make WOW, its affiliates and their representatives, employees, shareholders, and agents not responsible for all claims by third parties against WOW cause by content posted by the partner online shops that violates or infringes upon the law, and this includes the cost of legal defences. This is not applicable if the partner online shops were not responsible for the violation. (2) The partner online shops are obliged to make available to WOW in the case of claims made by other USERS, partner online shops, or third parties, truthfully, immediately and completely all information which is necessary for an examination of the claims and legal defenses. 7. Intellectual Property Rights and Copyrights The website of the SERVICE, as well as its underlying software, databases and published contents are protected by copyright. The provisions for use according to the TAC in no way constitute a waiver. Each outgoing modification, reproduction, disclosure, dissemination or use of the contents of the SERVICE requires the prior consent of WOW. 8. Transfer of Contract WOW is allowed to partially or wholly transfer the rights and obligations in this contract to a third party with a notice period of four weeks. 9. Privacy Policy WOW processes and uses the relevant privacy policy agreements according to the data provisions in the contract and according to the use of the SERVICE based on the data of the USER, which is required for correct and authorized contractual fulfillment. The provisions of the general privacy policy of WOW are here valid. 10. Availability of Services (1) The USER acknowledges that WOW does not guarantee the availability of the SERVICE. WOW reserves the right to limit the availability of the SERVICE (without prior notice) completely or partially, or to limit or restrict access to it. (2) WOW therefore takes no responsibility and makes no guarantee, that the services offers will be at all times available and free of interruptions and the USER can make no claim that they should be so. WOW does, for its part, seek to make its product available and to maintain the functions of the SERVICE in their current respective states. 11. Warranty and Liability (1) WOW ensures the conveyance of the purchase of the USER to the business partner. WOW is not liable for services offered by the business partner used by the USER. These the business provides in its own name and on its own behalf, therefore WOW is not liable for breaches of the business partner towards the USER. (2) Should problems arise in the use of the SERVICE or in the realization of the purchase, WOW will try to find a solution. In such cases USERS are required to contact WOW at the address listed at the end of the TAC. (3) WOW is liable for damages and compensation of the listed expenses (hereafter referred to as “Compensation”) due to injuries of contractual or non-contractual obligations only (i) in cases of intent or gross negligence, (ii) negligent or willful injury to life, body or health, (iii) due to the assumption of a guarantee of service, (iv) negligent or intentional breach of contract (v) due to mandatory liability according to the product liability law or (vi) due to other mandatory liability. (4) The liability of WOW is excluded except for damages by lost data, when the replacement due to missing or insufficient data backup is not possible or successful. The foregoing liability limitation shall not apply in cases of intent or gross negligence. (5) The compensation for the breach of fundamental contractual obligations is limited to the typical, foreseeable damages, as long as there is no willful misconduct or gross negligence, or injury to life, body or health, or in the case of the assumption of a warranty or product liability. Under fundamental contractual obligation, also known as cardinal duties under the law, such obligations are to be understood as allowing the proper execution of the contract, whose fulfillment the USER is allowed to anticipate. (6) The foregoing exclusions or restrictions apply also to the liability of employees, workers, representatives and agents of WOW, in particular concerning the well-being of shareholders, employees, representatives, agents and their personal liability. (7) A disadvantageous change for the USER in the burden of proof is not connected with the above regulations. (8) WOW is not liable for eventual damages, which develop from processing system changes or errors, or either unforeseen issues that is not possible to be responsible for, and make it impossible to execute the orders of the contract. 12. Applicable Law and Jurisdiction (1) The contract existing between the USER and WOW is subject to mandatory international provisions of the law of the Federal Republic of Germany, excluding the conflict of private international laws and the UN purchasing right (2) The legal venue is Munich, in case the USER changes his residence or usual domicile after the end of the contract to outside the scope of the Federal Republic of Germany. This applies even if the residence or usual domicile of the USER is not known at the time of the lawsuit. In all other cases, WOW or the USER can make legal claims at any court of competent jurisdiction due to legal restrictions. 13. Changes to These Terms and Conditions, Severity Clause (1) WOW reserves the right to modify these TAC at any time without giving any reasons should it prove necessary, and so long as the USER's trust and faith are not disadvantaged through doing so. A change can be necessary, for example, to reflect changes in the SERVICE, which are outside the control of WOW, or due to changes in the legal framework of the SERVICE, for example new legislative or court decisions. Amended terms will be noted. Should the USER not agree with the amended terms, he can no longer use the services of WOW. (2) In the event that there was already a data use agreement between WOW and the USER, WOW will send the changed conditions of these TAC at least two weeks before the changes take effect. If the USER does not object to the changed TAC within two weeks of receiving notification of them through email, they are considered as accepted. The USER retains the unchanged right to terminate the contract according to Number 4. (3) If one or more of these provisions in these TAC is invalid or are, the other provisions remain valid and unaffected. Any invalid provisions shall be deemed replaced in that the intent and purpose of the invalid provision will then be positioned in a legal manner onto the next one. For any legal gaps the following is valid. 14. Contact The Lorikeet UG Munich, Germany Email address: [email protected] - The WOW -