1. Scope of application
The operator of the Websites is X24Factory GmbH, Hardenbergplatz 2, 10623 Berlin, Germany (hereinafter also referred to as “hometiger”).
2. Website services
The Websites are addressed at consumers (hereinafter also referred to as “Customers”) who purchase products or services on the internet or apply for or wish to obtain or share information on such products or services. On the Websites, customers receive price overviews and sources for products and services offered on the internet by retailers, suppliers and service providers and other third parties registered with hometiger (incl. white label cooperation partners; together hereinafter also referred to as “Online Shops”); such information is provided free of charge.
Such information does not constitute a legally binding offer by hometiger. The search for information is largely automated and is based primarily on information that hometiger receives from the Online Shops and third parties (e.g. manufacturers and media). The Websites use automated processes to update the information received from the respective Online Shops and third parties several times per day. In individual cases, deviations regarding the price (and thus the ranking of products), availability and delivery times of products and services may occur. Due to the quantity of the information to be processed, errors cannot be ruled out entirely, especially errors due to faulty information provided by Online Shops or third parties. Therefore, hometiger does not assume any liability for the accuracy of the information offered. This does not apply if hometiger obtains knowledge of the inaccuracy of such information (if it is informed by a customer, for instance) and fails to correct such information or fails to work towards the Online Shop or third party correcting such information.
hometiger points out that not all the Online Shops and offers on the market (referring in particular to insurances and financial services without being limited thereto) are considered. The offering is selected at the sole discretion of Hometiger and the Online Shops. The displayed results of comparisons serve to provide the Customer with an overview of the Online Shops that cooperate with hometiger and do not claim to be complete. hometiger reserves the right to remove individual products and services without informing the Customer prior to such removal.
3. Contractual relationship
No sales, service or other contract is concluded with hometiger regarding the purchase of the products and services shown on the Websites. Contracts for the purchase of products and services offered on the Websites are concluded exclusively between the Customer and the Online Shop. Therefore, the general terms and conditions of such Online Shops (including the instructions on right of withdrawal) may apply to such contracts. If a Customer is interested in purchasing a product or service, he/she is usually directed to the Online Shop’s website, from which the respective offer originates. Customers are obliged to verify all the information that is relevant for contract conclusion and whether such information is up to date before concluding a contract or placing an order by checking the information provided by the respective Online Shop.
In individual cases, and if this is stated expressly, an offer by the Customer for the conclusion of a contract with respect to certain products or services listed on our Websites may be transmitted directly by hometiger to the Online Shop without referring the Customer to the Online Shop’s websites. Even in this case, hometiger does not act as the representative of either contracting party and does not become a contracting party to any contract concluded between the Customer and the Online Shop. Any and all contractual duties apply solely between the Customer and the Online Shop. All purchases of products are subject to statutory warranty rights. Furthermore, the general terms and conditions of such Online Shops and/or of payment service providers (including the instructions on right of withdrawal) may apply to such contracts. hometiger does not guarantee that the products and services shown on the Websites can in fact be purchased or ordered from the respective Online Shop at the terms and conditions stated on the Websites.
Any company names, logos and/or product descriptions shown on the Websites are proprietary trademarks or brands of the respective owner.
4. Customer contributions
Customers can share information on products and services by writing reviews or sharing pictures (e.g. opinions, ratings, testimonials, product news) directly on the Websites or by reading and following the reviews of other Customers or test results, price trends and the like. Participation cannot be claimed by legal action and cannot be requested or forced in any other way. Customers have no right to their contributions being published. hometiger hereby expressly distances itself from third party opinions expressed on the Websites and does not assume any responsibility for such contributions.
By sending reviews and text/picture contributions (e.g. on Online Shops, products, services) the author grants hometiger a non-exclusive, irrevocable right of use that is not subject to any charge or limitation in terms of region or time (including the right to process such contributions to the extent that the intellectual individual character of the work is respected whenever such contributions are processed and redesigned) to the text or picture contributions and reviews submitted. The author waives being named as the author. These rights of use are limited in terms of content and scope to the content and scope required by hometiger to operate and render its services.
5. Indemnification with respect to Customer contributions
The respective Customer indemnifies hometiger against any and all claims that third parties may assert against hometiger for posting the former’s text/picture contributions. The Customer shall bear the cost of any legal defense (in particular court and lawyer’s fees) that might be incurred by hometiger due to the legal assertion of claims. This shall not apply if the Customer is not responsible for the infringement of a right.
The following exclusions and limitations shall apply to the liability of hometiger, irrespective of the legal grounds and any other statutory bases of claims: hometiger shall be liable in cases of intent or gross negligence on the part of hometiger. hometiger shall only be liable for ordinary negligence if a duty is breached the fulfillment of which is essential to implementing the agreement and upon whose continual observance the contracting parties may regularly rely. In all other cases, liability for compensation of damages of any type whatsoever shall be excluded, irrespective of the legal grounds and including precontractual liability. In cases where hometiger is liable for ordinary negligence hereunder, the liability shall be limited to the damage that could typically be expected based on the circumstances known at the time of contract conclusion. The above exclusions and limitations of liability do not apply in cases where hometiger is liable by law, in particular under the German Product Liability Act, whenever it has assumed a guarantee or in case of culpable injuries to life, limb or health.
The above exclusions and limitations of liability shall also apply for the benefit of employees, vicarious agents and other third parties involved by hometiger in implementing the contract.
hometiger does not assume any liability or warranty whatsoever for the characteristics, scope and quality of the products, services or information offered by the Online Shops and other third parties to which it refers Customers either directly or indirectly (via links, for instance). Further, hometiger does not assume any liability or warranty for the functional efficiency and compatibility of systems, programs, etc. that are not directly associated with its offer and on which it therefore has no influence. Therefore, hometiger cannot assume any warranty for the availability, design and functionality of the Online Shops’ and third parties’ websites in terms of graphics, contents or technology, or the products, services, information or other contents offered or not offered on such websites.
7. Note regarding intellectual property rights
The Websites contain proprietary data, search results, texts, graphics, software and other information of hometiger and its employees that is protected by means of intellectual property rights, in particular under copyright and trademark law. Copying, public display, modifications and any other interference with such rights, either fully or partially, is subject to hometiger’s prior written consent, unless a deviating legal provision applies. Each unauthorized interference constitutes a violation of the aforementioned legal provisions and will be prosecuted. Specifically, the automated reading of the database and the Websites (e.g. by means of scraping) and the incorporation of Website contents in frames without hometiger’s consent is prohibited. Users may only use the application to compare individual offers of Online Shops for their own use.
8. Applicability of German law
9. Place of jurisdiction and severability clause
If the Customer is a businessperson, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes under the contractual relationship between the Customer and hometiger shall be the registered office of hometiger.