General Terms and Conditions
Templiner Str. 16
Fax: +49 30 800970801
Managing Director: Daniel Haeseler
VAT Number: DE266464811
Commercial Register Number: HRB 119189 B - District Court Berlin-Charlottenburg
These General Terms and Conditions apply to any use of this site (hereinafter referred to as 'Website' or 'Portal') and the usage of any services provided therein. They may be altered from time to time. Any new version applies to all use of the Website immediately upon its posting on the Website. By using or accessing the Website, any visitor of the Website agrees to be legally bound by these Terms and Conditions as they apply to the use of or access to the Website. If the respective visitor does not wish to be bound by these Terms and Conditions then he or she may not use or access the Website.
The Website is operated by Panther Holding GmbH, Templiner Straße 16, 10119 Berlin (hereinafter referred to as 'we, us or our').
2. Nature of the Website
The Website addresses end-consumers (hereinafter referred to as 'You') intending to acquire products or services via the internet, or to gather information thereupon. You are provided with a survey of the prices and the source of supply of products and services that merchants and service providers (hereinafter also referred to as 'Shops') registered with us and other third persons (including so called White-Label cooperations) market via the internet. Our research is widely automated and based on information provided by the Shops and third parties and are repeatedly updated throughout each day. Although we make every effort to ensure the accuracy of information published on the Website, we cannot eliminate the possibility of errors, in particular in cases where the error can be attributed to the Shops. Therefore, we do not assume any liability for inaccuracies, especially concerning prices (and therefore the order of the items displayed), availability and shipping times.
3. Contractual Relationships
We will not become party to any purchase or other agreement regarding products or services displayed on the Website. Those agreements will be exclusively concluded between you and the respective Shop. In accordance, further terms and conditions of the respective Shop may apply.
'If you are interested in buying products or services displayed on the Website you will be directly linked to the website of the Shop that made the respective offer. You are obliged to affirm, on the basis of the respective Shop's information, the accuracy and actuality of any detail essential for the purchase before concluding any purchase or other agreement with the Shop.
We do not assume any responsibility or grant any guarantee that the products or services may be acquired on the terms displayed on the Website.
We and the Shops operate our respective websites independently from each other and have no control over the content or the availability of the respective other's website. Therefore, we cannot assume any liability for the availability, content or the graphical and technical presentation and functionality of the Shop's websites and the goods, information and services available or not available on or through those websites.
All products and company names and logos mentioned in the Website are the trademarks, service marks or trading names of their respective owners, including us ourselves.
4. Customer Contributions
You are enabled to comment on products and services offered on the Website directly on the Website using text or images (e.g. opinions, ratings, user reviews, product news etc.), as well as read such contributions submitted by other customers. We are not legally bound to publish any contribution, and noone has any legal right that would require that any contribution be published on the Website.
Any legal claims, rights or remedies against us in connection with the Website shall be excluded and waived unless they are based on wilful misconduct or gross negligence or result from the negligent violation of contractual obligations essential for the achievement of the contract's aims.
If and to the extent we are liable for any damages, such liability is limited to the foreseeable damage. This limitation of our liability does apply, if the damage has been caused by wilful misconduct or gross negligence of one of our legal representatives or executive employees.
Any personal liability our of employees, representatives and servants is limited to the same extent as our own liability.
We make no representations whatsoever about other web sites you may access directly or indirectly through the Website (such as Shops) and the type, amount or quality of the products, services or information offered by or displayed on such other web sites. In particular, we are not liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance upon any content, products or services available on or through any other web site or resource.
Not excluded or limited is our liability for any loss or damage resulting from bodily injury caused by our negligence or wilful misconduct or negligence of one of our legal representatives or servants.
The data, search results, texts, graphics, software and any other contents of the Website are protected by international copyright laws and other intellectual property rights, the owner of which are we. You may not reproduce, republish, upload, post, transmit or distribute, by any means or any manner, any material or information on or downloaded from the Website including but not limited to text, graphics, code and/or software without our prior written consent. Any violation will be prosecuted.
Particularly the automated read-out of our database and Websites (e.g. by but not limited to scraping) and/or embedding content of the Websites via iFrame without our admission, is prohibited.
With the submission of store ratings and product reviews and any other text (hereinafter also referred to as 'Texts') you grant us in perpetuity to hold absolutely solely and exclusively the right to exploit the Text in any and all media throughout the universe and waive the right to be named as the author of the Text. We are not obliged to publish any Text submitted. Store ratings and product reviews do not necessarily reflect our own opinion. We do not take any responsibility for the content of Texts submitted by you.
7. Data Protection
We do not collect any personal information about you of the Website, with the exception of the information that is essential for the delivery of additional services (e.g. Newsletter).
In case you wish to adjust or have your provided personal information deleted by us, you shall contact us via firstname.lastname@example.org.
We may use so-called cookies in certain areas of the Website, in particular to facilitate your use of the Website. Cookies are small data packages that can be sent to your computer from a web site. To protect your privacy, our cookies do not contain data attributed to a person. If you do not want to accept cookies on your hard disk, you can adjust your browser accordingly. The respective procedure is described in the instructions from the respective browser provider. Of course, you have the right to view the Website without cookies. However, non-acceptance of cookies may in some areas result in restricted functionality of the Website.
We utilize Social Plugins („Plugins“) from the social network Facebook and from the information network Twitter (hereinafter referred to as „Networks“. Operators of these services are Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereafter referred to as "Facebook") and Twitter Inc., 795 Folsom Street, Suite 600, San Francisco, CA 94107, USA (hereinafter referred to as "Twitter"). The Plugins are displayed in the form of the relevant Network's logo on individual pages within the Website. When you visit a page that includes a Plugin, the your browser automatically establishes a connection with the relevant Network's server and the content of the Plugin is then downloaded from the Network's server and integrated into the Website. Through the connection established by the Plugin the Network, under certain circumstances, receives information about the request from the web page. Should you be logged in to your account provided by a Network when using the page containing the Plugin provided by that Network, then the Network is able to establish a connection between you as the account holder and the use of the page containing the Plugin. Any of your performed actions is accompanied by a synchronous notification of that action to the relevant Network. Facebook has announced that only in cases where an active utilization of the Facebook Plugin occurs (where you click on the button) your IP address is saved and sent to the Facebook server. In such cases a permanent linkage between your IP address and your User-ID (UID) generated by Facebook is created. Should you be a member of one of these Networks and do not wish this data exchange to occur, it is necessary to log out from the respective Network before visiting the page/s containing the Plugin/s. Facebook has confirmed that under these circumstances, or where you have not registered a Facebook account, this data exchange does not occur. With regards to the purpose and scale of this data processing, you may inform yourself more comprehensively by visiting the relevant pages on the Networks' websites: http://twitter.com/privacy and http://www.facebook.com/policy.php). You may also use privacy settings available on the Networks through your account, if existent, to protect your privacy.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accepts the inherent security risks of providing information and dealing on-line over the Internet.
8. Applicability of German Law
The usage of the Website and these Terms and Conditions are exclusively governed by and are to be construed in accordance with German law (with the exclusion of the applicability of the CISG) without regard to applicable principles of conflicts of law thereof.
9. Place of Performance, Venue of Jurisdiction
If you should be a registered merchant, legal entity under public law or special fund under public law, the place of performance as regards all services and the sole venue of jurisdiction with regard to any disputes which may arise between the parties, shall be Berlin, Germany. The same place of performance and venue of jurisdiction, respectively, shall apply if you should have no general jurisdiction locally, relocates its ordinary domicile or habitual residence outside domestic territory after conclusion of the contract or if the domicile or your habitual residence should not be known at the point in time of raising action.