Terms and conditions

1. Scope and provider

1. These terms and conditions apply to the use of GiftQuest at giftquest.de and to all contracts you conclude with us via GiftQuest. The provider and your contractual partner is:
   Mario Schulz – GiftQuest
   Dibbersener Weg 5
   21224 Rosengarten
   Germany
   Email: service@giftquest.de
2. GiftQuest is aimed at consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB).
3. Deviating terms only apply if we expressly agree to them.

2. What GiftQuest offers

1. With GiftQuest you design digital greetings and Advent calendars and give them as a gift via a private link, by email or as a printed QR code. We store your content and make it available to the people who open the link (digital service).
2. Free of charge: designing, publishing and sharing a greeting to the extent described on the website.
3. Paid: additional features for a greeting (e.g. “Gift moment”) and the Advent calendar. Which features are included and what they cost is stated in the description on the website and on the payment page at the time of ordering.
4. Term of availability: Greetings can be reached via their link for 6 months from publishing, paid greetings for the period stated in the description. Advent calendars can be reached until the end of February of the year following Advent. We then delete the content. Please keep the originals of your photos yourself.
5. No account: Access is via private links (edit, recipient and contribution link). Anyone who knows a link has access – only pass it on to the right people. Keep your edit link safe. As we only store it as a checksum, we cannot restore it unless you had it sent to you by email.
6. Time lock: An Advent calendar door opens on its day at midnight in the calendar’s time zone (default: German time). Greetings with an unlock time only reveal their surprise from that time.
7. Technical requirements: an up-to-date browser with JavaScript enabled; the 3D calendar requires WebGL. Display and animations may vary depending on the device.

3. Conclusion of contract

1. For free services, a contract of use is concluded when you publish a greeting.
2. The presentation of paid services on the website is not yet an offer. You select the service and are redirected to the payment page of our payment provider Stripe. There you can check and correct your details. By clicking the payment button (e.g. “Pay” or “Order with obligation to pay”) you submit a binding offer. We accept it by activating the service, at the latest with our confirmation by email.
3. Paid contracts can only be concluded by adults, or by minors with the consent of their legal guardians.
4. The contract languages are German and English. We store the order data. You receive it together with these terms and the withdrawal policy in the confirmation email; you can view the current terms on this page at any time.

4. Prices and payment

1. The prices at the time of ordering apply. All prices are final prices and include statutory VAT. There are no shipping costs.
2. You pay via the payment page of Stripe Payments Europe, Limited. You can see there which payment methods (e.g. credit card, Apple Pay, Google Pay) are available. Payment is due immediately when the contract is concluded.
3. You receive a receipt by email.

5. Provision

As soon as the payment is confirmed, we activate the purchased features – usually immediately.

6. Right of withdrawal

As a consumer, you have a right of withdrawal. Details, including when it expires early, can be found in the withdrawal policy. You can withdraw, among other ways, via the “Withdraw from contract” button at the very bottom of every page.

7. Your content

1. You are responsible for the content you post – texts, photos, signatures, vouchers, links; for the Advent calendar also for the content of contributors you invite via your contribution link, insofar as you know or ought to know it.
2. Illegal content is not permitted, in particular insults, threats, hate speech, depictions of sexual abuse, pornographic content or content harmful to minors, infringements of copyright, trademark or personality rights, advertising, spam and links to malware or phishing.
3. Only upload photos for which you have the necessary rights and whose sharing the people shown have agreed to.
4. You grant us the simple, non-transferable right, limited to the term of availability, to store your content, adapt it technically (e.g. size and format) and display it to the people who open the respective link – solely to provide GiftQuest. We only use your content for advertising with your express consent.
5. If third parties assert justified claims against us because of your content, you shall indemnify us insofar as you are responsible for the infringement.

8. Reporting illegal content, moderation

1. We do not check content in advance and do not use automated moderation.
2. You can report illegal content to us at any time at service@giftquest.de (Art. 16 of Regulation (EU) 2022/2065, Digital Services Act). Please include the link to the content, explain why it is illegal, give your name and email address (except for reports of child sexual abuse material) and confirm that your information is accurate and complete to the best of your knowledge.
3. We confirm receipt, review the report promptly, diligently and by a human, and inform you of our decision.
4. If content is illegal or violates section 7, we block or delete it or the entire greeting or calendar. If we have an email address of the person concerned, we give them the reasons for our decision. If there is evidence of a criminal offence threatening the life or safety of persons, we inform the competent authorities.
5. You can contact us about our decision at any time; recourse to the courts remains open.

9. Advent calendars with contributors

1. As the creator of a calendar, you can invite others via a contribution link to fill doors. Contributors use GiftQuest free of charge under these terms.
2. The contributors’ content is visible to the creator and – from the respective day – to the recipient. The creator can change or remove contributions.

10. Vouchers and links in greetings

Vouchers you give in a greeting or calendar – such as “Dinner for two” or a shop’s code – are your personal promise or a service of the respective provider. GiftQuest is not involved and does not guarantee that they can be redeemed. The operators of linked websites are solely responsible for them.

11. Availability and further development

1. We make sure GiftQuest is available with as few interruptions as possible. Short interruptions for maintenance or due to disruptions beyond our control cannot be completely ruled out.
2. We keep developing GiftQuest. Purchased services remain available to the agreed extent for the agreed period.

12. Warranty

The statutory rights in the event of defects apply, for digital products in particular Sections 327 et seq. BGB.

13. Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee given.
2. In the case of slight negligence, we are only liable for the breach of essential contractual obligations – those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely – and limited to the typical, foreseeable damage.
3. For free services, apart from paragraph 1, we are only liable for intent and gross negligence.
4. These rules also apply to our vicarious agents.

14. Term and deletion

1. The contract for a greeting or calendar ends when the term of availability expires (section 2 paragraph 4); no notice of termination is required.
2. You can ask us at any time to delete a greeting or calendar early – write to us with the edit link at service@giftquest.de. We only refund amounts already paid insofar as you have a statutory claim to them (e.g. from withdrawal or warranty).

15. Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. If you have questions or problems, just write to us – we almost always find a solution.

16. Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law only applies insofar as it does not deprive you of the protection of mandatory provisions of the country in which you have your habitual residence.
2. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is our registered office.
3. If any provision of these terms is invalid, the rest of the contract remains valid; the statutory provisions apply (Section 306 BGB).