General terms and conditions
§ 1 Scope of application
1. The following terms and conditions form part of all contracts between the Wichimobile SRL (hereinafter the Provider) and the user of the services of the Provider. The Provider and the user, and any legal successors thereof, are bound by these Terms and Conditions.
2. The Provider offers to the user, in return for a fee, the possibility of retrieving and using content via their mobile device (mobile phone / tablet / Surf Stick). The purpose of these General Terms and Conditions is to regulate conduct between the parties in all respects.
3. The Provider offers its services exclusively on the basis of these General Terms and Conditions.
The validity of these as well as any legal successors applies to all services offered by the Seller. The user acknowledges these Terms and Conditions as binding on him in connection with the use of the services of the Provider.
§ 2 Conclusion of contract
1.The presentation of the services of the Provider, on the websites of the Provider, do not represent a binding offer by the Provider, but merely a solicitation of an offer by the user.
2. The contract is concluded by the activation of the confirmation or purchase button displayed on the mobile device of the user at the point of requesting a service and at the subsequent setting-up of the use of the services of the Provider.
3. After the setting-up stage, the user can immediately access and use any services offered on the selected web page via his mobile device. A waiver of the right of withdrawal for digital content not located on a tangible medium in accordance with EU Directive 83/2011 is explicitly given.
§ 3 Payment
1. The prices notified to the user shall apply. These include VAT, are valid for the period indicated in each case and only cover the grant of possible use of the services of the Provider. Not included in the price are any connection fees arising in connection with the call for services of the Provider, which are charged to the user by their phone Provider.
2. The fee owed by the user for the use of the services of the Provider shall be due immediately upon conclusion of the contract and without deduction. This fee is collected on behalf of the Provider by the mobile service Provider of the user as part of the regular payroll.
§ 4 Rights of use
The user receives a simple, non-transferable, locally unrestricted right to use the services provided by the Provider for a period of time limited to the duration of this contract.
§ 5 Accessibility
The Provider guarantees the availability of its services up to an annual average availability of 99.5%. If such availability rate should not be reached, the user can make a claim for a right of reduction against the Provider. This is limited in amount to the amount the user had to pay under this contract for the period in which the guaranteed availability was not possible.
The Provider has designed this offer to be in compliance with the technical standards available on the market and thereby tries to ensure that the user can make full use of the services of the Provider. However, the Provider cannot guarantee that the services provided are useable on all mobile devices available on the market. The Provider, moreover, relies on the transmission of content to the user by third parties, in particular the mobile network operators. The Provider can therefore not accept any liability for ensuring an un interrupted transmission of the requested content or a permanent and uninterrupted availability of the services.
§ 6 Limitation of Liability / Indemnification
1.Other than in respect of loss of life, limb and health damage, the Provider is liable for damage only if this results from intentional or grossly negligent acts or culpable violation of essential contractual obligations by the supplier, its employees or agents. This also applies to damages resulting from the breach of obligations in contract negotiations as well as in the event of torts. Any further liability for damages is excluded. This also applies to indirect damages, including loss of profits.
§ 5 of these General Terms and Conditions shall not be affected by the provisions of the German Product Liability Act.
2. The User agrees to use the services in a manner that is not abusive or contrary to any legal provisions.
§ 7 Duration of the contract
1. The contract is concluded for the period specified at the time the contract is agreed. The contract is automatically extended for this contract period, except where proper termination of the contract occurs. For proper termination, the user must use the contract cancellation procedure communicated by the Provider to the user after the contract is agreed.
2. The Provider reserves the right to amend these General Terms and conditions at any time. The General Terms and Conditions as amended at the time of use of the services by the user shall always apply.
3. A termination of the subscription can be made by Hotline 0800 100 39* (* Free of charge from the landline network in Germany) or 0043800400133* (* Free of charge from the landline network in Austria), by email to email@example.com or online on the appropriate mobile page.
1. The user agrees that all information provided by it to the Provider may be stored, processed and used to the extent required for the performance contract, in accordance with the German Federal Data Protection Act (BDSG), the German Telecommunications Act (TKG) and the German Teleservices Data Protection Act (TDDSG), .
2. The user agrees to the transfer of data to affiliates of the Provider within the meaning of § 15 AktG, insofar as the purpose of the data use is maintained; this is especially true in relation to corporate services necessary to fulfill the contract.
3. Any collection or processing of personal data of the user that goes beyond the scope described above shall be carried out only with the prior consent of the user.
4. We use "cookies" to extend the functionality of our website and to improve the user's experience. With the help of these "cookies" data can be stored on your computer when you visit our website. You have the option to prevent cookies being stored on your computer by selecting the appropriate settings on your browser. However, through the functionality of our websites could be restricted.
5. As a user of our site you have the right to request information from us about the data stored about your person or your pseudonym. On your request, the information may be provided electronically.
6. We will update this policy from time to time to protect your personal data. You should review the policy to stay up to date on how we protect your data and continuously improve the content of our website. If we make material changes in the collection, use and / or disclosure of the personal data you provide us, we will alert you by a clear and prominent notice on the web site. By using this site, you agree to the terms of this policy on personal data protection.
7. The user can at any time revoke consent to the use of the data, as well as permission to make contact, that is logged by the company in accordance with legal requirements. Such revocation shall have immediate effect for the future and the withdrawal will be recorded accordingly. Revocation should be given at the e-mail address firstname.lastname@example.org.
§ 9 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days, without giving a reason.
The withdrawal period is fourteen days from the date on which the contract was concluded.
To exercise your right, you must provide us
Strada Viscolului, Nr. 14, Etaj 2, Ap. 21,
Sector 6, 062386 Bucuresti,
Manageress: Iulia-Mihaela Simion
Incorporation date: 19.08.2014
Registration number: J40/9663/2014
VAT ID: RO33493908
written notice (e.g. by post, fax or email) that clearly expresses your intention to rescind the agreement. You can use the attached withdrawal form template for this purpose, but this is not mandatory.
Timely submission of the withdrawal notice before the end of the withdrawal period is sufficient for the purpose of observing the withdrawal time limit.
The right of withdrawal from a distance contract for the supply of digital content not located on a tangible medium expires pursuant to EU Directive 83/2011 if the provider has started the execution of the contract after the customer has given to its express consent and at the same has confirmed his knowledge of it, such that he loses his right of withdrawal with the start of the contract execution.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us) within fourteen days from the date on which your notice of withdrawal has been received by us. We will refund you using the same method of payment that you used for the initial transaction, unless otherwise expressly agreed; in no instance will you be charged fees for this refund.
End of withdrawal terms
§ 10 Applicable Law / Concluding Provisions
German law applies, to the exclusion of the UN purchasing law (CISG). Mandatory provisions of the country in which the customer has their habitual residence remain unaffected. If any individual provisions of this contract should become ineffective or violate statutory regulations, the remainder of the agreement will not be affected.