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General Terms and Conditions – Tiripano Homeservices

Version: March 2019

Table of contents

1. Performance description and subject matter

2. Registration, creation of user account and conclusion of contract with Tiripano

3. Rules of conduct and use

4. Copyrights and rights of use

5. Fees for the use of the platform

6. Payment of the price and reimbursement of the agency fee

7. Third-party services

8. Platform availability and warranty

9. Liability of Tiripano

10. Data protection and privacy

11. Right of revocation

12. Termination of the contract of use

13. Changes of the General Terms and Conditions

14. Applicable law, place of performance and place of jurisdiction

Preamble

Tiripano Homeservice operates an online platform that provides home services such as

    • Childcare
    • Cleaning
    • Geriatric care
    • Craftsman services
    • Private tutoring

between the users.
The following General Terms and Conditions regulate the rights and obligations in connection with the online intermediary platform (hereinafter referred to as “Platform”) between Tiripano Homeservices, Lübecker Str. 7, 65760 Eschborn (hereinafter referred to as “Tiripano”) and the platform users (hereinafter referred to as “Users”, “Principals” or “Contractors”) within the framework of all usage relationships of the Platform (hereinafter referred to as “User Agreement”). The General Terms and Conditions (hereinafter also referred to as “Terms of Use”) shall apply to any use of the Platform.

  • 1. Service description and subject matter

    1.1 Tiripano provides an online platform on which registered users can search, offer and conclude orders in connection with home services. With the respective registration, the user accepts the exclusive validity of these terms of use in relation to Tiripano.

    1.2 A user (“Client”) may use the Platform to submit inquiries regarding a desired home service. The Client shall ensure that his request adequately and clearly determines the home service he is looking for, the service period and the location for the provision of the service. A user who provides home services (“Contractor”) may submit an offer in response to a request made by a Client. The contractor shall ensure that his tender sufficiently and clearly determines the performance and price of the home service.

    1.3 A contractor may amend or revoke his request until the offer has been accepted.

    1.4 If a contractor accepts an offer on the platform, a binding contract is concluded between the contractor and the client within the framework of the underlying offer (“hereinafter also referred to as “contract”).

    1.5 After conclusion of the contract, the Client shall pay the agreed price (hereinafter referred to as “price”) into the escrow account named in the process. Tiripano shall inform the Contractor immediately of the receipt of payment on the plattform. Interest will not be charged.

    1.6 Tiripano has rendered its agency service upon conclusion of the contract in accordance with section 1.4. Hereby, the service fee in the amount of 15% of the price agreed between the users becomes due to the client and is retained from the price paid according to section 1.4.

    1.7 Contractors and givers of services are themselves responsible for fulfilling each other’s obligations within the framework of the contract concluded with each other, for complying with any legal requirements and for fulfilling any further obligations arising therefrom, such as taxation, social security contributions, avoidance of undeclared work, payment of minimum wages, compliance with trade law requirements, etc. Tiripano has no influence on this and is not itself a party to the respective home service contract and has no employment relationship with the user.

    1.8 After the home service has been rendered and is owed, the contractor shall confirm the fulfilment of the contract to Tiripano using the form provided on the platform. Tiripano will then immediately pay the price paid pursuant to 1.5 minus the agency fee to the contractor, but no later than 14 days after receipt of the confirmation, in accordance with the specified method of payment.

    1.9 After completion of the order, the contractors and providers are requested within the framework of the platform to submit an evaluation of the order on the platform

  • 2. Registration, creation of user account and conclusion of contract

    2.1 User registration and the associated creation of a user account is only permitted for natural persons with unlimited legal capacity. Persons under the age of 16 are not permitted to use the platform and to confirm their age in the registration process. To protect its users, registration as a contractor is only permitted if a copy of the identity card is provided or uploaded. All information not required for proof of identity, such as the identity card number, must be removed from the copy or blacked out. For the rest, Tiripano’s data protection regulations apply.
    In addition, during the registration process, the Contractor must confirm that there are no relevant criminal convictions with regard to the home service to be provided that would conflict with personal reliability. In individual cases, Tiripano reserves the right, as far as legally permissible, to demand an extended private certificate of good conduct in the sense of § 30a Para. 1 No. 2 Federal Central Register Act from the Contractor for services that are in contact with minors.

    2.2 With the registration and creation of the user account, a contract between the user and Tiripano within the framework of these General Terms and Conditions shall be concluded. The terms of use shall be acknowledged, printed or saved during registration and their validity confirmed.

    2.3 The registration and creation of a user account is free of charge. Fees will only be charged by Tiripano in the form of a lump-sum agency fee upon conclusion of the contract between the users in accordance with section 5.

    2.4 Tiripano has no influence on the content posted by users. In particular, Tiripano cannot guarantee the identity of the users, their qualifications, abilities or solvency even despite the information and documents required for user registration.

    2.5 Multiple registration or the creation of several user accounts by one user is not permitted.

3. Rules of conduct and use

3.1 By using the platform, the users confirm that they are

(a) observe and comply with the terms and conditions and laws;

(b) fulfil the agreed obligations towards other users arising from a home service contract in accordance with the contract;

(c) ensure that the legal provisions and, in particular, administrative provisions within the scope of the services offered and executed, such as taxation, business registrations, etc., are complied with and that their services are provided within the scope of these provisions. Services that do not comply with the legal requirements are excluded from the use of the platform.

3.2 Users are responsible for the security of their user account and are generally liable for account activities within the framework of the statutory provisions. In particular, users are responsible for sufficient security of their access data and their confidentiality vis-à-vis third parties. User accounts and access data are not transferable to third parties. The statutory provisions, in particular those of inheritance law, shall remain unaffected.

3.3 Furthermore, within the framework of using the platform, users undertake to ensure that the information and content they post is

(a) are truthful and, in particular, have no fraudulent, deceptive, offensive, derogatory, inhuman or racist purpose;

(b) are in accordance with the rights of third parties, in particular other users and Tiripano, and in particular do not infringe any copyrights or personal rights;

(c) comply with applicable laws and administrative regulations, in particular applicable criminal law;

(d) contain no advertising for its own or third-party services or the like;

(e) significantly impair or burden the functionality or operation of the platform or cause damage to the technical infrastructure, unless this is necessary for the proper use of the platform. In particular, the contents do not contain any harmful program code, data or corresponding software, such as viruses, Trojans, worms, malware or scripts.

3.4 Users are solely responsible for their published information and content. Tiripano does not control them, has no influence on them and does not adopt them as its own. Nevertheless, Tiripano reserves the right, in particular in order to fulfil its own legal obligations, to investigate complaints from users and to request a statement from the respective user and, taking into account all interests in the individual case, to request the removal of corresponding content or to remove the content.

3.5 For their own security, clients should not publish any personal data such as full name, house number, telephone number or e-mail address publicly accessible on the platform, e.g. in the offer search or the chat.

3.6 As contractor, users are responsible for complying with the applicable legal provisions for the agreed service. They are responsible for fulfilling the legal obligations, in particular tax and official obligations, with regard to these services within the framework of platform use, for displaying and making any corresponding payments and for obtaining any necessary permits and administrative acts, such as business registrations or work permits. Tiripano has no influence on this and will not check this and has no employment relationship with the user himself.

3.7 Contractors may not charge a client any additional fees for the agreed service at the agreed price.

3.8 Users conclude contracts for home services searched for on the platform only within the framework of the process provided for on the platform. Tiripano and the platform shall not be circumvented by the users within this framework, in particular in order to avoid the placement fee by concluding the contract by other means. Users are obliged to refrain from or reject such requests. Tiripano expressly reserves the right to assert claims for damages, in particular in the event of circumvention. The statutory provisions shall remain unaffected.

3.9 Tiripano encourages users to find an amicable solution in the event of disagreements, conflicts, etc. within the framework of the concluded home service contract. Tiripano has no influence on this and the observance of the respective contractual obligations of the home service contract between the users. Nevertheless, Tiripano reserves the right in individual cases to support users within the framework of conflict resolution, taking into account and weighing up all interests.

3.10 If Tiripano determines that a user has violated an obligation under these Terms of Use and in particular in relation to this section, it reserves the right, taking into account and weighing all interests in the individual case, to remove the content concerned, including the published order searches and offers, and/or to terminate the user account extraordinarily

4. Copyrights and rights of use

4.1 All content, in particular pictures, graphics, videos, etc., on the Platform may not be used outside the Platform, in particular on external Internet sites, without the prior written consent of Tiripano.

4.2 Users grant Tiripano a non-exclusive right of use, unlimited in time and place, in particular for the exploitation, reproduction, distribution, public communication, in particular in the form of making available to the public the content posted on the platform, insofar as this is necessary in order to make the content available to other users within the framework of the use of the platform regulated in the Terms of Use. Tiripano may grant other users access to and corresponding use of this content at any time within the framework of the terms of use regulated here.

4.3 Tiripano grants the users a simple right of use, unlimited in time and place, to the contents of the platform to the extent permitted by these Terms of Use.

4.4 By using the platform, users assure that they own the rights of use to the content published on the platform and that they can grant Tiripano the rights of use specified in 4.2 to this extent and that they do not infringe the rights of third parties. Insofar as the contents of the user violate the rights of third parties, the user shall indemnify Tiripano against any corresponding liability vis-à-vis the third party if the violation is intentional or negligent. The user shall inform Tiripano in good time of any such claim.

5. Fees for the use of the platform

5.1 If a contract is concluded between the Contractor and the Client, the Client shall owe Tiripano a lump sum agency fee of 15% of the agreed price for this home service. The agency lump sum is due upon conclusion of the contract between the contractor and the provider and is deducted from the agreed price after payment to the escrow account before payment.

5.2 The agency fee is non-refundable and can be cancelled. The statutory regulations and claims shall remain unaffected.

5.3 In individual cases, Tiripano may block a user’s account for the conclusion of further contracts, taking into account and weighing all interests, until all due and payable fees have been paid.

6. Payment of the price and reimbursement of the agency fee

6.1 Tiripano shall, after confirmation of the fulfilment of the home service by the contractor, immediately pay to the contractor the price paid according to 1.5 minus the agency fee, but no later than 14 days after receipt of the confirmation, in accordance with the specified method of payment.

6.2 In individual cases, Tiripano reserves the right to obtain prior confirmation from the Contractor, to refuse payment and/or to repay the Contractor a lump sum less the agency fee, taking into account and weighing all interests, in particular in the case of justified objections by the Client and/or suspicion of fraud.

6.3 In addition, Tiripano reserves the right in individual cases, taking into account and weighing up all interests, to refund the paid price minus the flat fee for agency to the client in order to relieve the client of the burden after the absence of a confirmation or reaction from the contractor and provider for a period of time that usually exceeds the reasonable period required for the performance of the home service contract.

6.4 In addition, Tiripano shall repay the amount in the escrow account minus the agency lump sum to the client in accordance with the specified method of payment without delay, but at the latest within 14 days of becoming aware of it, if the client and the agent inform Tiripano by mutual agreement that they have terminated the agreed home service contract or its implementation.

6.5 Tiripano will reimburse the amount in the escrow account minus the agency lump sum to the client in accordance with the specified method of payment immediately, but at the latest within 14 days of becoming aware of it, if the contract between the users has not been concluded and/or the contract has been effectively contested by one of the parties, in particular due to deception or error. The statutory provisions shall remain unaffected

7. Third-party services

7.1 Tiripano may integrate third-party services on the platform, in particular the escrow account framework, in order to offer an extended range of functions. These third-party services are not provided by Tiripano. Tiripano will provide sufficient information that this is a third-party service.. These third-party services are not provided by Tiripano. Tiripano will provide sufficient information that this is a third-party service.

7.2 Irrespective of the terms of use stated here, the general terms and conditions of the third-party service provider may apply to the use of the third-party services. In this case, Tiripano will make sufficient reference to the respective validity.

7.3 The use of a third-party service shall be governed by the legal relationship between the third-party provider and the user.

7.4 Tiripano assumes no responsibility, guarantee or liability for the services of third parties.

8. Platform availability and warranty

8.1 Tiripano makes every effort to ensure that users can operate the platform and the services offered within the framework of these Terms of Use without disruptions or problems. However, due to its technical nature, Tiripano does not guarantee complete, uninterrupted availability of the Platform at all times.
Tiripano reserves the right to partially or temporarily restrict the availability of the platform due to maintenance and technical service work, technical limitations in particular in connection with server capacities, in particular if the causes for this lie outside the sphere of influence and control of Tiripano and were caused by third parties. Tiripano will inform users sufficiently about the restrictions.

8.2 Taking into account the basic functionality of the platform within the framework of these Terms of Use, users have no claim to availability and the provision and maintenance of individual functions and services in their specific form.

8.3 Tiripano itself is not a party to the contracts concluded between users for home services. Tiripano has no influence over this and therefore does not assume any guarantee for the fulfilment of the contractual obligations between the users. Users are responsible for the contractual fulfillment and execution of the contracts concluded between themselves.

8.4 Tiripano assumes no warranty whatsoever for the functions or operability of third-party services provided on the platform.

9. Liability of Tiripano

9.1 Tiripano’s liability in cases of slight negligence shall be limited to the breach of essential contractual obligations and to the amount of the foreseeable damage typical of the contract.
In addition, Tiripano shall only be liable for pre-contractual, contractual and non-contractual breaches of duty to the extent that they are due to intent or gross negligence or for damages resulting from injury to life, limb or health.
The mandatory statutory provisions, in particular liability under the Product Liability Act and unlimited liability based on the assumption of an express guarantee, shall remain unaffected.

9.2 The limitation of liability shall also apply in the event of the fault of a vicarious agent of Tiripano.

9.3 Irrespective of this, Tiripano assumes no liability for third parties, in particular third-party services, or within the framework of the legal relationships between users, in particular within the framework of the home service contracts concluded between users.

9.4 Tiripano assumes no liability for the information and content of users posted on the platform, does not adopt it as its own and does not check it on principle. In this respect, users themselves may be liable for this information and content. Tiripano will, however, to the extent required by law and permissible by law, investigate any indications of illegal content and, within this framework, immediately block or remove such content, taking into account all interests and, if applicable, the prior opinion of the user. The legal regulations remain unaffected.

10. Data protection and privacy

10.1 Tiripano processes personal data within the framework of the use of the platform in accordance with its data protection declaration.

10.2 In addition, Tiripano encourages users, for their own security, not to publish any personal data such as name, address, telephone number or e-mail address on the Platform beyond the specific contracts with other users.

11. Right of revocation

Users who are consumers within the meaning of § 13 BGB are entitled to the following statutory right of revocation:

Cancellation policy

Users who are consumers within the meaning of § 13 BGB are entitled to the following statutory right of revocation:

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 revocation, you must
Tiripano Homeservices
Lübecker Strasse 7
65760 Eschborn
Germany
phone 061968017765
E-mail: info@tiripano.de

by means of a clear statement (e.g. a letter, fax or e-mail sent by post) that you have decided to revoke this Agreement. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

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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 arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment for the refund as you used for the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for such refund. In the event of effective revocation, you are also obliged to return any services already received; if the service cannot be returned in whole or in part or can only be returned in a deteriorated condition, compensation must be paid if necessary.

Expiry of the right of revocation

The right of revocation expires if Tiripano has completely provided the service and has only begun with the execution after the consumer has given his express consent to this and at the same time has confirmed his knowledge that he loses his right of revocation with complete performance of the contract by Tiripano.
Tiripano points out that this right of withdrawal only affects the relationship with Tiripano and not the relationship between the users. Other statutory or contractual revocation rights remain unaffected.

12. Termination of the contract of use

12.1 Users may terminate this user contract at any time and without giving reasons.

12.2 Tiripano may terminate this user contract at any time without giving reasons by giving 2 weeks’ notice to the end of the month.

12.3 Users and Tiripano may terminate this user contract for cause. For Tiripano, such a reason exists in particular if a user demonstrably fails to fulfill his contractual obligations under the respective home service contract towards other users in accordance with the contract. Section 3.10 and the statutory provisions shall remain unaffected.

12.4 Termination can be declared in the user account using the form provided on the platform. In addition, the respective termination can be declared in text form, e.g. e-mail, or in writing and must be addressed to:

Tiripano Homeservices
Lübecker Strasse 7
65760 Eschborn
Germany
E-mail: info@tiripano.de

12.5 Termination of the user contract with Tiripano has no effect on a home service contract concluded between the users. In this respect, users are responsible for ensuring that the mutually agreed obligations, the execution and fulfillment of the contract are met. Tiripano has no influence on the execution, fulfillment and termination of this contract and is therefore not itself a party to the contract.

12.6 Upon termination, the respective user account shall be closed and all content, in particular open enquiries and their accessibility by the user, shall be removed. In individual cases, Tiripano will inform other users about the account closure, taking into account and weighing up their interests.

12.7 In individual cases, Tiripano reserves the right to refuse users whose user accounts have been terminated, to re-register and to create a user account, taking into account and weighing all interests.

13. Changes of the general terms and conditions

13.1 Should Tiripano change or adapt these General Terms and Conditions, it shall inform the user in good time and in sufficient form of the changes before they become effective.

13.2 In the course of such an amendment, users will be asked to agree to the amended General Terms and Conditions. For this purpose, Tiripano will also provide a corresponding user input field in connection with the login to the user account.

13.3 If users do not agree with the validity of the amended General Terms and Conditions, they may terminate the user contract independently of the provisions under 11. Tiripano reserves the right to terminate the user relationship in accordance with 11. or to continue it under the validity of the original General Terms and Conditions in the event of withheld or unissued consent

14. Applicable law, place of performance and place of jurisdiction

14.1 The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded, unless this results in mandatory legal regulations for consumers, in particular consumer protection.

14.2 If the user is a merchant, the place of jurisdiction shall be Cologne. However, Tiripano is also entitled to sue the user at his place of residence.

14.3 Unless otherwise agreed in individual cases, the place of performance for users who are merchants shall be Eschborn.