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General information

• By registering or logging on to the digital platform silversitting.com you, hereinafter referred to as "user" or "provider", declare your agreement with the following General Terms and Conditions, hereinafter referred to as "GTC". Your consent is given by confirming your knowledge and consent to these General Terms and Conditions during registration or registration.

• The scope of the GTC includes both free and paid offers of SilverSitting Gigauri, Andrea and Monninger, Daniel GbR and refers to the version valid at the time of conclusion of the contract, regardless of whether the user or provider is a consumer, entrepreneur or merchant.
   

Terms of Use

• Commercial users (e.g. local or supra-regional companies) need a separate permission as user or provider, which must be granted in advance by SilverSitting Gigauri, Andrea and Monninger, Daniel GbR in writing and in case they appear as users, a chargeable company license. For further information please contact the operator: info@silversitting.com

• In the event of breaches of this obligation to obtain permission, the user undertakes to pay the following amount of damages: in the event of the first breach amounting to 80 euros, in the event of repeated breach and in each further case a contractual penalty amounting to 500 euros. The payment is to be paid to SilverSitting Gigauri, Andrea and Monninger, Daniel GbR, notwithstanding the rights from § 343 BGB. Further claims for damages remain unaffected.

• A user or provider may not transfer his account to third parties.
   

Service description and performance of the digital platform SilverSitting.com

• Subject of the service of SilverSitting Gigauri, Andrea and Monninger, Daniel GbR (operator) is the provision of the digital platform silversitting.com on which care seekers (users) and care providers (providers) can find each other and contact. The aim of both parties is to achieve childcare.

• On the other hand, the service of SilverSitting Gigauri, Andrea and Monninger, Daniel GbR does not include the placement of care seekers and care providers. Accordingly, the operator does not guarantee and accepts no liability that during the contract period (paid membership of the user or free membership of the provider) a successful contact mediation comes about.

• Providers can register free of charge and use the digital platform to a limited extent.

• The online offer of the digital platform silversitting.com is made available to the users against payment by subscription packages for a membership with different terms.

• Silversitting.com may be used by legal entities or legally capable partnerships, subject to the following limitations.
   

Conclusion of Contract, Membership of User and Provider, Prices

• The use of the online offer on silversitting.com is free of charge for providers. The provider is who has registered as a loanoma /-opa. The minimum age for registration is 50 years. Exceptions to this rule must be made in writing by SilverSitting Gigauri, Andrea and Monninger, Daniel GbR.

• As soon as a provider has successfully filled his profile with all necessary data during the menu-guided registration process, an automated confirmation of the successful transmission of the user data will be sent to the provider by e-mail. Only after "Double-Opt-In"[1] the registration is complete, the childcare offer has been created and the user contract with SilverSitting Gigauri, Andrea and Monninger, Daniel GbR has been successfully concluded.

• Users can see and take up contact free of charge care-looking for in the proximity of the own residence by a search function. Only when the user sends a contact request to the provider of the care service is the request for registration and the subsequent selection of the 3 subscription packages made.

• The offer about the use of the user to the SilverSitting Gigauri, Andrea and Monninger, Daniel GbR is considered as delivered, if he has filled out the registration form completely with his data, has selected the option "I have taken note of the terms and conditions and agree to them" and thus has accepted the terms and conditions and then sent the registration form by clicking on the button "Register now".

• The user will then receive an automated confirmation of the successful transmission of the user data by e-mail ("Welcome to SilverSitting").

• SilverSitting Gigauri, Andrea and Monninger, Daniel GbR offers the user 3 paid subscription packages for a membership, with the following terms: 3 months, 6 months, 12 months.

• The user will be informed about costs and payment modalities before the conclusion of a membership or the confirmation of a subscription package and thus the conclusion of a contract.

• The subscription packages for user membership offered on silversitting.com do not constitute a legally binding offer, but merely a non-binding invitation to place an order.

• By clicking on the button provided for this purpose (e.g. "Order" or "Buy"), the user submits a binding offer for the conclusion of a contract for a membership.

• The contract is concluded when the offer has been made by SilverSitting Gigauri, Andrea and Monninger, Daniel GbR by activating the paid online offer.

• In addition, the user receives an automated e-mail about the activation and can view the contract data in the user account under "My membership".

• The information provided by the user or provider during registration must be up-to-date and truthful. SilverSitting Gigauri, Andrea and Monninger, Daniel GbR is entitled to check the personal data of the user or provider by means of suitable official documents.  If the GbR has reason to the assumption, the data are wrong, the user receives a reminder. If he does not correct his details within two weeks, there is a reason for termination.

• The operator reserves the right to withhold certain contents or only make them available to the user or provider at the user's expense if this does not endanger the purpose of the contract.

• The term of the contract corresponds to the term of the subscription package selected by the user, which was confirmed by clicking on the intended button. The contract is not automatically extended, but ends automatically without the user's intervention at the end of the term. Duration (e.g. 3, 6 or 12 months) and price are indicated in the respective offers.

• After membership expires, the user's profile will be deactivated and deleted within 14 days.  

• The monthly costs incurred for the various subscription packages are determined by the Operator as follows:

  • Subscription for a membership with duration 3 months: 24,90€ per month

  • Subscription for a membership with duration 6 months: 14,90€ per month

  • Subscription for a 12 month membership: 8,90€ per month

• The provider reserves the right to offer different price models and service recipients for different booking and usage dates and target groups (e.g. specials for certain occasions). Costs, contract duration and scope of services are specified in the respective chargeable offer.

• The membership costs resulting from the selected subscription package are due for payment for the respective month by the 3rd of the month without deduction.

• In the case of a delay in payment of 5 days, the user receives a request to comply with the payment. After further 5 days a reminder is sent to the user and the user account is debited with a reminder fee of 5€.

• All prices are final prices including the statutory value added tax and other price components.

• The user can make the payment by means of one of the indicated payment systems (credit card, PayPal). Payment will be processed via a payment service provider (PayPal, Stripe).

• The invoice is issued exclusively in digital form and is sent to the user by e-mail.

• In the case of a return debit note, which is caused by the fault of the user (such as incorrect bank details, lack of account coverage, etc.), the user is obliged to bear the costs calculated for the return debit note to SilverSitting Gigauri, Andrea and Monninger, Daniel GbR.

Data protection

• The personal data of the user or provider are collected, processed and used within the scope of the purposeful fulfillment of the online offer of SilverSitting Gigauri, Andrea and Monninger, Daniel and in accordance with the statutory provisions.

• The personal data (e.g. name, e-mail address, address, payment data) of the user or provider will only be used by SilverSitting Gigauri, Andrea and Monninger, Daniel GbR to fulfill and process the contract.

• The user and/or supplier is entitled to receive information free of charge about the personal data stored by SilverSitting Gigauri, Andrea and Monninger, Daniel GbR.

• In addition, the user or provider has the right to correct incorrect data as well as blocking and deletion of his personal data, unless there is no legal obligation to retain. If a deletion of the data is requested by the user or provider within the scope of an active membership, this request is equivalent to a termination. A deletion of the personal data is made after the expiration of the contract period (membership), unless the use is free of charge agreed (for Leihomas-/opas). In this case the data deletion takes place within 7 working days.

• SilverSitting Gigauri, Andrea and Monninger, Daniel GbR explicitly refers to the separate privacy statement.

Disclosure and dissemination of data

• The user and/or offerer is hereby informed in accordance with the regulations of the DSGVO in connection with the Teledienst-Datenschutzverordnung that SilverSitting Gigauri, Andrea and Monninger, Daniel GbR processes and publishes addresses in machine-readable form and for tasks, which result from contents of this offer, by machine.

• With the input of the personal data by the user or provider and the sending of these to the operator, he expressly agrees to the publication and transfer of his personal data in the context of the intended fulfillment of the online offer of SilverSitting Gigauri, Andrea and Monninger, Daniel GbR or third parties commissioned by it. 

• If a purposeful use of the personal data of the user or provider in the sense of the online offer is ensured, a passing on of this data to e.g. subsidiaries, holding companies and their subsidiaries is also legal. Included in this provision is the disclosure of personal data to third parties in the event of a purchase or sale of assets, or the company as a whole or in parts, if the continuation of the online offer under a different name, company or Internet address takes place. This provision also applies if personal data is passed on to third party service providers (authorities, lawyers, payment service providers, debt collection etc.) in order to pursue the business purpose. In this case, the operator must ensure that third parties undertake to comply with and apply the data protection provisions of the DSGVO for the protection of personal data (further provisions in this regard, in the data protection provisions).

Declaration of the user or provider

• The user or provider declares that he or a member of his household has no previous conviction for the following intentional criminal offences, in particular not for criminal offences against sexual self-determination (§ 174 ff. StGB), criminal offences against life (§ 211 ff. StGB), criminal offences against physical integrity (§ 223 ff. StGB), criminal offences against personal freedom (§ 232 ff. StGB). Furthermore, the user or provider declares that there are no previous convictions for theft and embezzlement (§ 242 ff. StGB), for robbery and extortion (§ 249 ff. StGB) or for drug abuse.

• The user or provider offering or seeking instruction declares that participation in the Scientology sect does not take place or took place at any time. Furthermore, the user or provider declares that the teachings of L. Ron Hubbard were not learned at any time, or practiced according to them, and that there is no intention to appropriate these teachings in the future.

Responsibilities and duties of the user or provider

• The user or provider undertakes to provide the required data truthfully when registering.

• The user or provider is solely responsible for the information and content he or she provides in the registration.

• A user account or the account of the provider is set up exclusively for his sole and personal use. Only this user or provider may use this account. A transfer of the user/provider account to third parties or a shared use by third parties is prohibited, with the exception of a further legal guardian.  

• The user or provider declares that he/she will not transfer all data entrusted to him/her to third parties and that no use of this data beyond the purpose of the digital platform silversitting.com will take place for commercial purposes, including advertising purposes.

• The user or provider declares to treat e-mails and messages confidentially. Access to these is only permitted to third parties with the express prior consent of the sender. Also included are details of names, telephone and fax numbers, address data, e-mail addresses and URLs.

• The user or provider declares that he has the right to publish all information and content provided by him on silversitting.com.

• The user or provider declares that SilverSitting Gigauri, Andrea and Monninger, Daniel GbR has the right to publish the following information and content provided by him on silversitting.com

  • First name 

  • Place of residence

  • Description

  • Photo (if deposited)

  • Voluntary work (if deposited)

• The user or provider declares that the publication and use of the information and content provided by him does not infringe the rights of third parties.

• The user or provider undertakes not to misuse the online offer on silversitting.com, in particular: not to disseminate or exchange any defamatory, offensive or in any other way illegal material or such information (pornographic, racist, incitement to hatred or comparable content) via him not to use it to harass or threaten other users or providers or to violate the rights (including personal rights) of third parties not to bring and disseminate on the digital platform any data material that is infected with a computer virus or infected software not to bring or distribute any data material with copyright protection on the digital platform, unless the user or provider owns the rights to these or the necessary consents not to use it in such a way that a reduction in availability results in the online service being made available to other users or providers not to intercept messages for other users or providers or to take such steps with this aim in mind to send messages to providers exclusively for the purpose of establishing contact and targeted communication, but not for advertising goods or services (except in cases where this is expressly permitted by SilverSitting Gigauri, Andrea and Monninger, Daniel GbR) not to send chain letters

• In the event of violation of the above-mentioned obligations to conduct, this can lead both to an immediate termination of the contract (§ 314 I BGB important reason) as well as civil and criminal consequences for the user or provider.

• In the case of civil and criminal steps against the user or provider, SilverSitting Gigauri, Andrea and Monninger, Daniel GbR is entitled to forward all available data and information to the competent authority (authorities, courts, etc.), should this be necessary for the prosecution of illegal actions.

• SilverSitting Gigauri, Andrea and Monninger, Daniel GbR especially reserves the right to exclude the user or provider from the membership if in case of an action on the digital platform in the opinion of SilverSitting Gigauri, Andrea and Monninger, Daniel GbR politically radical or obscene content or photos should be disseminated. (§ 314 I BGB important reason or § 314 II reminder for removal and omission, otherwise as important reason name)

• The user or provider undertakes to independently obtain information on the statutory provisions for the provision and remuneration of household-related services from the competent authorities (such as tax consultants, health insurance funds, pension insurance companies or employers' liability insurance associations) within the legally prescribed time limits.

• The user agrees to send an e-mail to SilverSitting once a week with an indication of when (date, approximate time) the own child met with which provider (name). This can be done either by e-mail to info@silversitting.com or by using the message function on the website.

• The SilverSitting Gigauri, Andrea and Monninger, Daniel GbR commits herself to delete this information reliably after one month.

Liability for breaches of obligations

• The user or provider is fully liable for the accuracy and legality of the information provided. This includes images and videos uploaded to the platform, which may not be encumbered by any third party rights (e.g. copyrights, personal rights etc.), unless permission has been granted by the holder of the rights.

• The SilverSitting Gigauri, Andrea and Monninger, Daniel GbR is only liable if the operator is aware of the facts and grossly negligent or intentional, an elimination of the violation within a reasonable period of time does not arrange (eg by deleting the relevant process).

• SilverSitting Gigauri, Andrea and Monninger, Daniel GbR merely provides the data provided by the user or provider. For these data a conclusiveness check takes place, however no guarantee for the correctness and completeness of the data as well as their topicality is taken over. The user and/or offerer commits itself, independently, with an establishment of contact with the user and/or offerer, the indicated

• Check data for correctness and completeness. The SilverSitting Gigauri, Andrea and Monninger, Daniel GbR can change texts, pictures and videos etc. after own discretion and/or remove from the digital platform, if this procedure is necessary for a contractual fulfilment or is offended against legal regulations and regulations.

• A liability constellation refers exclusively to the relationship between the user and the provider and the rights holder (third party).

• In the event of a technical (partial) failure of the digital platform, the liability for damages shall be limited to the fee paid by the user for the current month of membership if the downtime amounts to more than 10% of the month of membership and shall be refunded on request in relation to the actual downtime.

• In the case of a right-abusive use of the database of SilverSitting Gigauri, Andrea and Monninger, Daniel GbR by third parties (e.g. hacker attack) the operator is liable only if gross negligence or intent is confirmed. This also applies to all other possible infringements.

Liability of SilverSitting - Gigauri, Andrea and Monninger, Daniel GbR

• The contract for the household-related service is concluded exclusively between the user and the provider. The Operator merely provides the digital platform for a contact between the User and the Provider and is not liable for the services of the participating Users or participating Providers. Consequently, all matters relating to the relationship between User (care seeker) and provider (care provider), including, without exception, the services received by a care seeker or payments due to care providers, shall be addressed directly to the respective party of User (care seeker) or provider (care provider). The Operator cannot be held responsible for this and hereby expressly contradicts all possible liability claims of any kind, including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in any way whatsoever in connection with the aforementioned matters.

• The operator assumes no responsibility for the content and accuracy of the information in the registration and profile data of users or providers, and other content provided by users or providers for publication. SilverSitting Gigauri, Andrea and Monninger, Daniel GbR assumes no liability for the possible misuse of information.

• The operator is liable without limitation:

  • Intention or gross negligence

  • Absence of a guaranteed characteristic

  • fraudulent concealment of a defect.

• The operator's liability is limited as follows: in the event of slight negligence, if there is a breach of duty, the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and the compliance with which the user or provider can regularly rely on (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, the liability of the provider is excluded.

• The provisions stipulated here also apply in favour of the operator's vicarious agents. The liability according to the regulations of the product liability law or other compelling legal regulations remains unaffected.

Third-party involvement

• SilverSitting Gigauri, Andrea and Monninger, Daniel GbR reserves the right to commission third parties to provide partial or complete services.

Final provisions

• If the user or provider is a merchant, a legal entity under public law or a special fund under public law, Frankfurt is agreed as the place of jurisdiction.

• German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the event that the user or provider is a consumer, this shall only apply to the extent that the protection granted by mandatory provisions of the law of the country in which the user or provider has his habitual residence is not withdrawn.

• The contract language is German.

Online dispute resolution

• The European Commission provides a platform for online dispute resolution (OS). In the future, this will enable consumers to settle disputes in connection with their online order out of court. The platform can be found at http://ec.europa.eu/consumers/odr/. The e-mail address of the consumer complaint service provider is: info@silversitting.com

Copyright

• The copyright for objects, texts, sound documents, video sequences, animations, graphics and the like, which are created and published by SilverSitting Gigauri, Andrea and Monninger, Daniel GbR itself, remains exclusively with the operator. A duplication of these, or a use in other electronic or printed publications, is not permitted without express written agreement of the SilverSitting Gigauri, Andrea and Monninger, Daniel GbR.

Revocation instruction

Consumers are entitled to the following right of withdrawal:

right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform SilverSitting Gigauri, Andrea and Monninger, Daniel GbR, Elkenbachstrasse 36, 60316 Frankfurt, Germany, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail to info@silversitting.com). You may use the attached sample revocation form, which is, however, not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of the revocation: If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different type of delivery from the cheapest standard delivery offered by us). For such refund we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you.
 

• Sample Withdrawal Form:

(If you wish to cancel the contract, please complete this form and return it to us.)

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An

SilverSitting – Gigauri&Monninger GbR

Elkenbachstrasse 36

60316 Frankfurt

E-Mail: info@silversitting.com

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I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

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Ordered on (*)/received on (*)

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Name(s) of consumer(s)

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Address of consumer(s)

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Signature of consumer(s) (only for paper communication)

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date

_____________

(*) Delete as appropriate.

End of the revocation instruction

 

1] describes a two-stage registration or confirmation procedure in which the user of online services deposits his e-mail address in order to receive services. In a second step, the user's order is reconfirmed in an e-mail from the service provider.