General terms of conditions
General terms of conditions
§ 1 Scope and Contractual Partner
(1) These General Terms and Conditions contain the terms and conditions agreed between the operator
Union Investment Real Estate GmbH
Valentinskamp 70 / EMPORIO
Tel.: 040 – 349 190
Fax: 040 – 349 194191
Registered office of the company: Hamburg
Registry court: Hamburg Local Court, HRB 110793
Management: Dr. Christoph Holzmann (Chairman), Martin Brühl, Volker Noack, Jörn Stobbe
and the user for the use of the website https://fuenfhoefe.de and the connected webshop.
(2) These General Terms and Conditions apply exclusively; the Operator does not recognize any conflicting or deviating terms and conditions of the User. This does not apply if he has given his written consent.
(3) In the event of changes to these General Terms and Conditions, Users will be notified of the changes in electronic form at least one month before they take effect. If these are not rejected in text form before they become effective, they shall be deemed to have been accepted.
§ 2 Conclusion of contract
(1) In addition to the general use of the website, the user has the option to purchase vouchers via the operator’s webshop. These vouchers can be redeemed in all participating brand stores, bars and restaurants of the operator. The goods displayed on the Operator’s website are to be regarded merely as an invitation to submit a corresponding purchase offer.
(2) Only users / customers who have a shipping address in Germany are authorized to place orders.
(4) Before sending the order, the user has the option at any time to correct his entries using the reset button or to end the ordering process completely by closing the browser window. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged.
(5) By clicking on the “Order Now!” button, the User submits a binding offer to purchase the Vouchers at the price shown. After receipt of the User’s offer, it will be checked by the Operator. Subsequently, the Operator sends an order confirmation to the e-mail address provided by the User, which is to be understood as acceptance of the offer. This concludes the purchase contract.
(6) The voucher is provided by mail.
(7) The User is encouraged to print or digitally save the order confirmation sent by the Operator. A further accessibility of the contract text does not take place. It is the responsibility of the User that the e-mail address provided by him for order processing is suitable for receiving e-mail from the Operator and is set accordingly.
§ 3 Prices and terms of payment
(1) Unless otherwise stated in the description of the goods, the prices stated on the order page are total prices. Since the goods offered are essentially multi-purpose vouchers, it is expressly pointed out that the statutory sales tax is only taken into account when the voucher is redeemed. Additional delivery or shipping costs will be displayed to the user. The prices shown are exclusively in euros (€).
(2) The costs for shipping amount to € 1.55, as far as the value of goods of the vouchers is less than € 50.00 Euro. In all other cases, the operator sends the goods exclusively by registered mail. In this case the shipping costs amount to 3,50 €. All shipping costs are borne by the user. In the event of changes in postage costs by the postal service provider, different costs may arise. Please refer to the website for the applicable costs.
(3) The purchase price for the offered goods is due in full without deduction upon conclusion of the contract.
(4) Only the payment methods shown on the order page are available to the User. Other payment methods are not accepted by the operator.
(6) The payment method “direct debit” is also a service of the payment service provider mentioned in paragraph 4. PayPal collects the invoice amount due from the user’s bank account after issuing a SEPA direct debit mandate, but not before the expiration of the period for prior information on behalf of the operator. Prior information is any notification in text form that announces a debit of the account by means of a SEPA direct debit in advance. The User shall bear any fees incurred if the direct debit cannot be executed due to a lack of sufficient funds in the account or due to the provision of incorrect bank details. The same shall apply in the event that the User objects to the direct debit without justification.
(7) If the User is in default of payment, the Operator is entitled to charge interest for the year in the amount of five percentage points above the applicable base interest rate. If a consumer is not involved in the legal transaction, the Operator’s claim shall be subject to interest at a rate of nine percentage points above the respective base interest rate. A higher damage caused by default can be proven by the operator at any time, § 288 III, IV BGB. The user has to pay a reimbursement of expenses in the amount of 5,00 € for each justified reminder of the operator. It is expressly pointed out that in individual cases from the first day of the delay lawyer reminders can take place.
(8) Insofar as his claims result from the same contractual relationship, the customer may exercise a right of retention. This condition shall not apply to the right to refuse performance pursuant to Section 320 of the German Civil Code (BGB).
(9) Insofar as the gross total price due is not received in full by the operator within statutory or agreed deadlines, the operator shall be entitled to withdraw from the contract after a reasonable grace period has expired.
§ 4 Shipping
(1) The shipment of the vouchers takes place within 1-3 working days after receipt of the order. The regular delivery time is 3-4 working days, unless otherwise stated within the description of the goods.
(2) The delivery of the goods is regularly only after full payment. As far as the vouchers ordered by the user should reach this before a complete payment, these are activated only with the payment. The operator reserves a right of retention for services that are to be provided by means of or with the use of the voucher until the purchase price has been paid in full.
(3) In the case of ordering several vouchers, the operator is entitled to make partial deliveries, as long as this does not unreasonably affect the legitimate interests of the user. The costs arising from a necessary partial delivery shall be borne by the Operator.
(4) The delivery time is extended appropriately if the delivery is affected by force majeure. Force majeure shall be deemed to include, in particular, subsequent difficulties in procuring materials, riots, strikes, lockouts, operational disruptions, outbreaks of panic or epidemics, fire, natural disasters, transport hindrances, changes in legal regulations, official measures or ordinances or the occurrence of other unforeseeable events which are beyond our control and which, when viewed objectively, have not been culpably caused by the operator. Should one of the above mentioned cases occur, the operator will inform the user immediately. If the impediment to performance in the aforementioned cases persists for longer than four weeks, the User is entitled to withdraw from the contract. Further claims, in particular for damages, do not exist in this case. This shall not apply in cases of intent or gross negligence, in the case of warranties or if liability is mandatory in the case of breach of material contractual obligations due to simple negligence or in the case of foreseeable damage typical of the contract for legal reasons.
(5) The delivery of the goods shall be made to the delivery address specified by the User within the ordering process. The user is solely responsible for the completeness and correctness of the information provided in this regard. If a delivery of the goods fails for reasons for which the User is responsible, the User shall bear the full amount of the additional costs incurred. This does not apply to costs incurred in the context of the justified use of an existing right of withdrawal. Further details are regulated in the cancellation policy of the operator.
(6) In addition to shipping, the User has the option of collecting the purchased vouchers from the center management during the valid business hours (currently Mon. – Fri. between 8:00 a.m. and 5:00 p.m.) upon presentation of the order confirmation. To do so, the User must uncheck “Shipping” before completing the order process.
(7) If the User decides to pick up the voucher before completing the order, subsequent shipping is not possible. It is the user’s responsibility to check whether shipping or pickup is desired before completing the order.
(8) In the event that the Operator makes advance payments, the Operator retains ownership of the delivered goods until the purchase price owed has been paid in full.
§ 5 Statutory right of withdrawal for consumers
As far as the user is a consumer in the sense of § 13 BGB (German Civil Code), he has a legal right of withdrawal regarding purchased goods.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of revocation you must send us
Union Investment Real Estate GmbH
Valentinskamp 70 / EMPORIO
Fax: 040 – 349 194191
by means of a clear declaration (e.g. a letter sent by post, e-mail or fax) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Sample cancellation form
If you wish to revoke the contract, please fill out and return this form.
Union Investment Real Estate GmbH
Valentinskamp 70 / EMPORIO
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods/provision of the following service (*)
– Ordered on/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
§ 6 Special conditions for vouchers
(1) Vouchers purchased from the Operator may be redeemed in the Operator’s brand stores, bars and restaurants for any services offered. Several vouchers can be added together.
(2) The vouchers issued by the Operator shall be provided with a uniquely assigned voucher number and stamped for identification purposes. The Operator’s vouchers are not personalized and may be passed on or given away.
(3) It is not permitted to produce, copy or otherwise duplicate vouchers of the Operator on one’s own authority. To claim the value of the goods, the original voucher must be presented. The operator is entitled to reject scans, photocopies or images of the voucher as inadmissible. This also applies in case of justified doubts about the authenticity of the voucher.
(4) If the value of the voucher is more than the service used, the operator is entitled to note a corresponding residual value on the voucher. If the value of the service used exceeds the value of the voucher, the User is obligated to pay the difference. This also applies if a voucher that has already been returned as a result of revocation has been used without authorization and the Operator has reimbursed the amount.
(5) The User has no claim to payment of the (remaining) value of the purchased voucher at any time. This does not apply to cases in which a consumer lawfully exercises his right of withdrawal.
(6) The validity of the vouchers issued by the Operator shall be governed by the regular limitation period. This is three years from the date of issue. The operator reserves the right to reject invalid vouchers. User and Operator can agree in writing on the extension of the validity of a voucher.
(7) The User is responsible for the safekeeping of the vouchers. The Operator is not liable for cases in which the voucher is stolen from the User’s sphere of risk or is otherwise lost.
(8) The issuance of a VAT-compliant invoice for the service used can only take place at the time of the redemption of the voucher or the actual provision of the service.
(9) Insofar as the operator completely ceases its business activities or the business demonstrably changes ownership, the acquired vouchers shall expire without replacement. This shall not apply in the event that the new operator fully assumes the obligations of the old operator.
§ 7 Warranty; Liability
(1) The statutory warranty rights apply to consumers. If the service of the operator is defective, the user has within the statutory warranty period (regularly two years) the right to subsequent performance (at his option in the form of rectification of defects or new delivery) and, if the legal requirements are met, the right to reduction, rescission and / or compensation. In these cases, the operator shall bear the necessary expenses such as transport, travel and labor costs.
(2) Except in the cases of § 281 para. 2 and § 323 para. 2 of the German Civil Code (BGB), it shall not be necessary to set a time limit for the assertion of the right of rescission and compensation if the operator refuses both types of subsequent performance in accordance with § 439 para. 4 of the German Civil Code (BGB) or if the type of subsequent performance has failed or has become unreasonable. A subsequent improvement shall be deemed to have failed after the second unsuccessful attempt, unless otherwise specified in particular due to the nature of the item or defect or other circumstances. In the event of withdrawal from the contract, the user shall be obliged to return the goods in full.
(3) Properties of the goods are not guaranteed by the operator, unless such a guarantee has been expressly declared.
(4) The User is obliged to treat the ordered goods with care. This includes in particular the preservation of the legibility of the voucher number as well as the stamp. The operator assumes no liability for damages and defects that occur due to improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by the user.
(5) The operator excludes liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same shall apply to breaches of duty by its vicarious agents. In the case of damage caused in any other way, the operator shall be liable in accordance with the statutory provisions in the event of intent and gross negligence, including that of its vicarious agents. The same applies to negligently caused damage resulting from injury to life, body or health. In the case of negligently caused damage to property and financial loss, the operator and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the User may regularly rely.
(6) The illustration of goods on the Internet may differ slightly from the original for various reasons (settings on the monitor, graphics card, etc.). Such insignificant deviations do not constitute warranty rights.
§ 8 Intellectual property
(1) The entire content of the website, including all texts, graphics, logos, icons, images, audio files, database, software and their interaction is the intellectual property of the operator and in particular protected by copyright. Equally protected are registered logos, trademarks and business names, especially those of partner companies. It is prohibited to use, reproduce, sell, edit or otherwise make publicly accessible again protected contents of the Operator’s website without written consent.
(2) The User has the possibility to submit suggestions, ideas, comments, questions or other information to the Operator (“Submissions”).
(3) By submitting such a Submission, the User grants the Operator a non-exclusive, royalty-free, transferable and licensable right of use. The Operator shall be entitled to reproduce, supplement, adapt, sell, transfer and edit the Submissions as well as to make them recognizable in any medium and in any form. In particular, the user agrees that any submissions may be used for the development, advertising or further distribution of services and products.
§ 9 Duties of the user
(1) The user has to refrain from the following actions, especially when communicating with the operator – no matter in which way:
a. the posting, dissemination, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws, the rights of third parties (trademark rights, copyrights, design rights or similar) and/or other laws and/or are fraudulent;
b. publishing and making available content that insults or defames other users or third parties.
(2) In addition, the User is required to refrain from the following activities when communicating with the Operator or third parties, when making submissions and when otherwise using the Website:
a. Sending junk and/or spam links as well as chain letters;
b. Spreading viruses, trojans or similar harmful files;
c. Use software particles, “crawlers” and other means to collect data, insofar as they are capable of burdening the infrastructure of the Website;
d. use the Website or its contents for other than personal purposes;
e. to communicate lewd, offensive, sexually oriented, obscene or defamatory content, as well as to refrain from any communication of content that is/are likely to promote or support (explicitly as well as implicitly) racism, bigotry, hatred, physical violence or otherwise unlawful acts;
f. to request the operator, other users or third parties to disclose passwords or other personal data and to use them for commercial or illegal purposes.
(3) The User shall indemnify the Operator upon first demand in the event of claims asserted by third parties against the Operator due to a violation by the User of the provisions of these General Terms and Conditions or of legal regulations, rights of third parties (in particular trademark, copyright and personal rights) or against contractual obligations, representations or warranties.
§ 10 Data protection
(1) The operator ensures that personal data of the user is only collected, stored and processed to the extent that this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator.
(2) In the event that the user’s consent under data protection law is obtained in connection with the use of the website or the online store, it is pointed out that this consent can be revoked at any time with effect for the future.
(3) The personal data necessary for the conclusion of the contract will be stored solely for processing and only until the final execution of the contractual relationship plus 3 years, unless storage is required for legal reasons.
(4) The user is entitled to various rights based on the applicable provisions of the General Data Protection Regulation (DSGVO). These rights include, in particular, claims for information, correction and deletion, as well as the right to complain to the competent supervisory authority.
(5) However, claims for deletion only exist in the event of an interest in deletion that outweighs the legitimate interest in the use of this data pursuant to Art. 6 (1) (f) DSGVO or if the data is no longer required for contractual processing pursuant to Art. 6 (1) (a) and (b) DSGVO (Art. 17 (3) DSGVO). The aforementioned rights arise, among others, from Articles 6, 7, 15, 16, 17, 18, 20, 21, 77 DSGVO.
(6) The entity responsible for data protection is Union Investment Real Estate GmbH. The operator provides further information on data protection in the data protection statement
§ 11 Final provisions
(1) The exclusive contractual language is German.
(2) Amendments or supplements to these General Terms and Conditions of Business must be made in text form and confirmed by both parties. This shall also apply to the discontinuation of the text form requirement.
(3) The parties agree that the place of jurisdiction and place of performance shall be the registered office of the platform operator. This shall only apply if the User is a merchant, a legal entity under public law or a special fund under public law or if the User does not have a registered office or usual place of residence in the Federal Republic of Germany at the time the action is filed.
(4) The law of the Federal Republic of Germany shall apply 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 of the state in which the user has his habitual residence as a consumer shall remain unaffected.
§ 12 Out-of-court dispute resolution
(1) The European Commission provides an Internet platform at http://ec.europa.eu/consumers/odr for the out-of-court settlement of consumer disputes arising from online purchase contracts.
(2) The operator is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.