in the context of contracts concluded via the platform www.zapptales.com between zapptales GmbH, Lucile-Grahn-Straße 47, 81675 Munich, represented by the managing directors Anna Kimmerle-Hürlimann, Daniel Vicen Renner (e-mail: info@zapptales.com, telephone: +49 89 32609560), entered in the Commercial Register of the Local Court of Munich under HRB 217338, – hereinafter “Provider” – and the visitors/customers of the platform – hereinafter “Customer”.
1.1 The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the Provider and the customer. Deviating terms and conditions of the customer shall not be recognised unless the Provider expressly agrees to their validity in writing.
1.2 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
2.1 The Customer uploads the desired WhatsApp, Facebook Messenger, iMessage, Threema, Telegram or Instagram chat to zapptales via the zapptales app (“App”) or the zapptales Chat Uploader or the computer software (“Uploader”). The customer will then receive – via email or via the app or the uploader – the access data to the book editing page where the customer can personalise their book (e.g. title, design, image selection).
2.2 The data uploaded by the Customer shall be available for processing for 4 weeks from the Customer’s last access in each case and shall be deleted thereafter or, if a longer storage period is commissioned, four weeks after the expiry of the longer storage period selected by the Customer, insofar as chat transcripts are concerned. Videos and voice memos uploaded from WhatsApp, Facebook Messenger, iMessage, Threema, Telegram or Instagram can be played via a QR code generated by the provider and printed in the book with the respective mobile end device of the customer, provided that the customer has the technical requirements for this (smartphone, app, etc.). Videos and voice memos sent by the customer will be stored by the provider exclusively for this purpose for an unlimited period of time until revoked. The customer may at any time demand the irrevocable deletion of the videos and voice messages by requesting the provider in text form, which may also be done by e-mail. In this case, the printed QR codes in the respective book lose their function. The printing of the QR codes is optional. The customer can deactivate the videos and voice messages himself when editing the book. In this case, the provider deletes all data provided as above after 4 weeks, thus also videos and voice messages.
2.3 By clicking the button “order subject to payment”, the customer submits a binding application to purchase the edited version of the chatbook (hereinafter “chatbook” or “product”). Before submitting the order, the Customer may change and view the data at any time. However, the order can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by placing a tick in the checkbox “Yes, I accept the GTC” and has thereby included and confirmed them in his order.
2.4 The Provider shall then send the Customer an automatic order confirmation by e-mail in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. The automatic order confirmation also constitutes acceptance of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order confirmation) is sent to the customer by the Provider on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored in compliance with data protection laws.
2.5 The contract shall be concluded in German, English, Italian, Spanish or Dutch.
3.1 Delivery times stated by the Provider are calculated from the time of order confirmation or from the time of receipt of payment. If no or no deviating delivery time is specified for the respective goods, it shall be a maximum of three weeks.
3.2 If no copies of the product selected by the customer are available at the time of the customer’s order, the Provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from confirming the order. In this case, a contract is not concluded.
3.3 If the product designated by the customer in the order is only temporarily unavailable, the Provider shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than four weeks, the customer has the right to withdraw from the contract. In this case, the Provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
Until full payment has been made, the delivered goods remain the property of the Provider.
5.1 All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.
5.2 The corresponding shipping costs will be indicated to the customer in the order form and are to be borne by the customer.
5.3 The goods shall be dispatched by post. The shipping risk shall be borne by the Provider if the customer is a consumer.
6.1 The customer can make payment by PayPal, bank transfer, credit card, Amazon Pay, prepayment, MasterCard or iDeal.
6.2 Payment of the purchase price is due immediately upon conclusion of the contract.
6.3 The Customer’s obligation to pay default interest does not preclude the Provider from claiming further damages for default.
The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the Provider to entrepreneurs is 12 months.
8.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health, as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Furthermore, liability for the breach of obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely, shall remain unaffected. In the event of a slightly negligent breach of these contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health.
8.2 The restrictions of para. 1 shall also apply in favour of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.
8.3 The provisions of the Product Liability Act shall remain unaffected.
8.4 The Provider shall always provide its service in terms of type and scope on the basis of the current technical, legal and commercial framework conditions of the Internet. It endeavours and takes all measures to make access to the service available 24 hours a day, seven days a week. However, no liability is assumed for constant availability.
8.5 The Provider has no influence on the transport of data via the Internet. The provider therefore also does not guarantee that interactive processes reach the customer correctly and completely and that the dial-up process via the Internet is guaranteed at all times. Furthermore, the provider does not guarantee that the data exchange will take place at a certain transmission speed. Also excluded from the warranty are malfunctions resulting from defects or interruptions of the Customer’s computer or the communication paths from the Customer to the server or from misuse of user name and password. No electronic communication is completely secure, therefore the Provider cannot guarantee that the flow of information to and from the Provider will not be intercepted or recorded by third parties due to his Internet connection and the resulting technical conditions. In this context, the provider expressly points out that each customer is responsible for ensuring that his system is protected against harmful attacks from the network (viruses, Trojans, etc.). The Provider shall not bear the risk of data loss on the transmission path outside its area of control. The provider also assumes no liability for data security outside its area of control.
8.6 The Customer warrants that he alone holds all rights necessary for the transmission and desired use of its data. The Customer shall be liable for all consequences and disadvantages incurred by the Provider due to the improper or illegal use of the Service or due to the Customer’s failure to comply with its other contractual obligations (including, but not limited to, the obligation to keep the password secret). The Customer shall indemnify the Provider against any claims or demands of third parties upon first request, which they assert due to infringement of rights by the Customer or on the basis of the content created by the Customer, including reasonable legal costs and lawyers’ fees. Furthermore, the customer undertakes to support the provider in the defence against such claims.
8.7 The customer is solely responsible for the content of the protocols transmitted by him. He assures that the data used by him within the scope of the Provider’s service, in particular the chat protocols, do not violate applicable law, in particular the regulations on the dissemination of child pornography. Should the Provider become aware of a violation, the Provider is entitled to notify the law enforcement authorities.
The right of withdrawal according to § 312 g para. 1 BGB for distance contracts is excluded in the present case according to § 312 g para. 2 no. 1 BGB, as the product is manufactured according to the specifications of the customer and is tailored to his personal needs.
10.1 The customer agrees to exclusively private use of the products ordered from zapptales GmbH. He acquires exclusively the real property of the respective product; rights of use for reproduction of any kind, distribution, processing as well as for making available to the public are not included therein. Commercial use in the form of reproduction by making copies and selling them is therefore not permitted. This applies in particular to multiple printouts of the PDFs and their commercial sale or publication.
10.2 If the customer is interested in publishing or reproducing the PDFs purchased from zapptales GmbH, it may be possible to acquire a licence. In this case, a request can be made via info@zapptales.com.
10.3 The customer grants zapptales GmbH an unrestricted right of use for all images, videos and designs provided which are used and/or processed on the software of zapptales GmbH for the purpose of fulfilling the purchase contract. zapptales GmbH is entitled to use the respective image, video or other media files as well as chat protocols for all products offered and to grant the customer a respective right of use for his end product. This use does not conflict with any copyrights, property rights or other rights of third parties, and the delivered end product is free of third party rights. Further information on the subject of data protection can be found in the privacy policy.
11.1 The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
11.2 If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
11.3 The Provider is entitled to amend these GTC at any time, e.g. in order to take into account new or amended services in the GTC. The Provider shall notify the Customer of the amendment in good time. The amendment shall be deemed to have been approved by the customer if he does not object to the amendment or terminate the contract within one month of receipt of the notice of amendment. In the event of an objection by the customer, the provider shall be entitled to terminate the contract in due time. In the notification of the changes, the Provider shall make special reference to the possibilities of objection and termination, the time limit and the legal consequences, in particular with regard to a failure to object. With the notice of change, the customer receives the ordinary termination on the part of the provider, which is subject to the condition precedent that the customer objects to the change.
11.4 Within the scope of amending the GTC, the Provider shall be entitled, in the event that a condition is invalid, to supplement or replace it with effect for existing contracts; in the event of an amendment to a statutory provision or supreme court case law, if one or more conditions of the contractual relationship are affected by this amendment, to adjust the affected conditions in such a way as is consistent with the purpose of the amended legal situation, provided that the Customer is not worse off as a result of the new or amended condition than under the original condition.
