Terms of Use

  1. Provider | content of the website
    1. The Provider of the website magaloop.com (hereinafter referred to as the “Platform”) is MagaLoop GmbH, Windscheidstr. 4, 10627 Berlin (hereinafter referred to as the “Provider”). The following conditions regulate the rights and obligations of the Provider and the respective user of the Platform (hereinafter referred to as the “User”).
    2. The website is aimed exclusively at retail traders.
    3. The Provider enables registered Users of the Platform to use various services to support and simplify their business activities, e.g. placing orders for goods from suppliers (as defined below).
  2. Access requirements | registration
    1. Anyone can visit the Platform without fulfilling any special requirements.
    2. A User can only use the Provider’s services following prior registration. Registration, by means of an online form on the Platform, is open to all retail traders.
    3. The Provider is free to accept registration applications or reject them without providing reasons. There is no legal entitlement to register. If the Provider accepts the registration application, the registered User will receive a confirmation.
  3. Ordering goods from suppliers
    1. Registered Users can use a function on the Platform to place orders for their retail stores.
    2. Contracts for ordering goods are concluded exclusively between the User and a manufacturer, wholesaler or distributor selected by the User (hereinafter jointly referred to as the “Supplier”). The Provider does not become a party to these contracts and merely enables them to be concluded by providing the User with appropriate functions on the Platform.
    3. The Provider is not responsible for ensuring that specific Suppliers are represented on the Platform or offering specific products. In particular, the Provider is not responsible for ensuring that the goods and supplier information listed on the Platform is kept up-to-date.
  4. Cashback program | payout | statute of limitations
    1. The Provider also offers the User the opportunity to receive a bonus specified by the Provider in advance (hereinafter referred to as “Cashback”) by performing certain activities on or in connection with the Platform. Activities which qualify for Cashback may include, for example, ordering certain goods and services from Suppliers via the Platform, registering for certain services of the Provider or recommending them to third parties.
    2. As soon as the User has completed the activity which entitles them to Cashback, the Provider will credit the User with the respective cashback in his/her user account (hereinafter referred to as “Cashback Credit”).
    3. Cashback Credit earned in connection with ordered goods or services is subject to the condition that (a) an effective contract has been concluded between the User and the Supplier of the goods or services qualifying for cashback, (b) the goods or services have been paid for, delivered and accepted in full, (c) any statutory or contractually agreed cancellation periods have expired, and (d) the respective order has not been withdrawn, cancelled or otherwise rejected.
    4. The User can request the payment of the Cashback Credit into the business account stored in his or her user account at any time by using the payment function on the Platform. The User can choose the payment to be made as a SEPA transfer or using another payment method offered by the Provider. The payment will be made within 14 banking days of the payment request. The minimum payment amount for Cashback Credit is EUR 50.00.
    5. The Cashback Credit does not represent a financial amount retained by the Provider for the User; it merely justifies the User’s right to have the Cashback Credit paid into his or her business account. The Provider does not pay interest on the Cashback Credit.
    6. The Provider is entitled to ask the User to provide evidence at any time that the requirements for credit and/or the payment of Cashback Credit have been met (e.g. in the form of [original] invoices) and can suspend the respective credit and/or payment until this evidence is provided.
    7. The crediting and payment of Cashback Credits is carried out exclusively by the Provider in its own name and not on behalf of third parties.
    8. The User is not entitled to transfer the Cashback Credit to any user account other than the contractual user account.
    9. If the User is of the opinion that (a) the Cashback Credit is not correctly displayed in his or her user account, (b) Cashback Credit was unjustifiably rejected by the Provider, or (c) there are any other discrepancies in connection with the Cashback Credit, he or she is obliged to notify the Provider without delay on the Platform or by email.
    10. According to Section 9.2, the User is obliged to keep his or her business account up-to-date. If the payment of Cashback Credit fails due to incorrect payment or address details of the User, the Provider is released from the obligation to pay the credit.
  5. Availability
    1. The Provider provides its Platform with average availability of 99.5% per calendar month.
    2. When data is transferred, the Provider’s obligation to perform is limited to the communication between the Provider’s server and a suitable connection point to the internet to be selected by the Provider. The Provider has no influence on the availability and reliability of the internet data paths outside of its own network. There is therefore no obligation to provide successful forwarding of data from the connection point to third party servers.
  6. Termination of the usage relationship
    1. Each party can duly terminate the user relationship by giving notice in writing with a notice period of four weeks to the end of a calendar month.
    2. The right to termination without notice for good cause remains unaffected for each party. Good cause which entitles the Provider to terminate without notice in particular exists if the User misuses the Provider’s services (including commercial use for his or her own or third-party purposes) and/or manipulates the services, provides false information in order to credit the Provider or initiate the payment of Cashback Credits, or otherwise seriously and/or continuously violates his or her obligations under these Terms of Use, and the Provider cannot be reasonably expected to continue the contractual relationship.
    3. The termination of the usage relationship has no effect on contracts which the User may have concluded with Suppliers on the Platform.
    4. If there is Cashback Credit in the user’s account when the user relationship ends, this will be paid out to the User by SEPA transfer within 30 banking days of the termination of the cashback contract, regardless of the amount of Cashback Credit.
    5. The Provider is entitled and obliged to irretrievably erase the User’s data associated with the user account after a retention period of 30 days after the end of the contractual relationship. This in particular includes the data on the User’s order enquiries from Suppliers. The retention time enables the User to restore his or her data if he or her accidentally terminates the contract or allows it to expire. The User’s right to request immediate erasure at the end of the contract remains unaffected.
    6. It is the responsibility of the User to save the data which he or she would like to continue to use after the end of the contract by downloading it onto his or her own storage medium in a timely manner before the end of the contract.
    7. However, data which the Provider is obliged to continue to store for tax, commercial or other legal reasons will not be erased.
  7. Liability | statute of limitations
    1. The Provider’s liability for financial losses is limited to cases of willful intent and gross negligence. In other cases, the Provider is only liable for financial losses in the event of a breach of obligations whose fulfilment is necessary for the proper execution of the contract and compliance with which the User can regularly rely (cardinal obligations). The Provider is only liable for foreseeable consequences which can typically be expected to arise.
    2. The legal liability of the Provider for damages resulting from death, injury to body or health, in accordance with the German Product Liability Act (Produkthaftungsgesetz) or from the assumption of a guarantee remains unaffected.
    3. With the exception of claims based on intentional or grossly negligent damages and personal injury, the limitation period for claims by the user arising from the user relationship is 12 months.
  8. Offsetting | assignment
    1. The User can only offset his or her own claims against claims of the Provider and can only assert a right of retention if the claims of the user have been legally established or are undisputed or recognized by the Provider. The display of Cashback Credit in the User’s user account does not constitute an acknowledgement of claims within the meaning of this Section 8.1.
    2. The assignment of the User’s claims against the Provider requires the prior written consent of the Provider. The Provider will only refuse this consent for an objective reason. Section 354a of the German Commercial Code (HGB) remains unaffected.
  9. Communication | change of dates | uploading content and information
    1. The contracting parties communicate primarily via SMS and email. It is therefore the responsibility of the User to keep his or her mobile phone number and email address ready to receive messages relevant to the contract at all times.
    2. The User is obliged to keep his or her business-related data – in particular payment and address data – up to date in his or her user account and is responsible for its accuracy and completeness. The User is obliged to notify the Provider of any changes to payment and address data without delay. Until the notification of changes, the Provider is entitled, but not obliged, to use the previous data to fulfil its contractual obligations.
    3. The User hereby declares that he or she is authorized to share all information and content which he or she uploads on the Platform with the Provider and has sufficient rights to pass this information on to the Provider. The User shall grant the Provider a simple, non-transferable and sub-licensable (usage) right, which is unrestricted in terms of location and content, to comprehensively use the shared content and information for the purpose of providing the Platform.
  10. Data protection | customer data | usage data
    1. The Provider and the User will comply with the applicable data protection regulations and ensure compliance by any persons they employ. Information regarding the handling of personal data by the Provider can be found in the Provider’s Data Privacy Policy. This can be viewed at https://magaloop.com/de/rechtliches#datenschutz.
    2. The Provider has the right to collect and analyze data and other information relating to the use of the Provider’s contractual services by the User, and the Provider is free to use such information and data during and after the end of the usage relationship to improve and further develop its contractual services and to use them for the purpose of other developments, diagnostic and corrective measures in connection with the services and offers of the Provider. The Provider is only permitted to pass on this data and information to third parties in aggregated or otherwise anonymous form in connection with its business operations.
  11. Changes to the terms of use
    1. It may be necessary to adapt these Terms of Use from time to time. In such a case, the Provider will notify the user of the proposed change by email at least six weeks before it comes into effect.
    2. If the User does not object to the change notification in writing within four weeks of receipt, his or her consent to the change will be deemed to have been given. The Provider will specifically inform the User of this legal consequence in the change notification.
    3. If the User objects to the change notification, this constitutes a reason for the Provider to terminate the user relationship with effect from the entry into force of the change.
  12. Final provisions
    1. The use of the Platform is subject to the law of the Federal Republic of Germany, excluding the conflict rules in international private law.
    2. If the user is a merchant, the place of performance is the Provider’s place of business (Windscheidstr. 4, 10627 Berlin) and the exclusive place of jurisdiction is the judicial region of Berlin-Charlottenburg District Court.
    3. These Terms of Use apply exclusively. Any deviating, conflicting or additional general terms and conditions of the User will only become part of the contract if the Provider has agreed to their validity in writing.
    4. Legally relevant declarations and notifications made by the User to the Provider (e.g. setting of deadlines, reminders, declaration of withdrawal) must be in at least text form to be effective (a simple email is sufficient), unless otherwise expressly stated in these Terms of Use.
    5. Should individual provisions of these terms and conditions prove to be ineffective or impracticable, this should not affect the existence of the remaining provisions. The same applies to any unintended loophole.

MagaLoop GmbH
District Court Berlin (Charlottenburg) HRB 195736
August 2020