General Terms and Conditions (GTC) / Terms of Service – Wallstoneberg

General Terms and Conditions (GTC) / Terms of Service

§1 Introduction

Our services are primarily aimed at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or self-employed professional activity).

By registering on Wallstoneberg.com, you confirm that you are acting as an entrepreneur. Consumers within the meaning of Section 13 BGB may also use our services; in these cases, the right of withdrawal described in § 7 applies.

These General Terms and Conditions (“GTC”) govern the use of the Wallstoneberg.com platform as well as all contractual relationships between us and the users. By accessing or using the services, you agree to these terms.

§2 Definitions

In these GTC, the following terms have the meanings set out below:

  1. “Platform” means the Wallstoneberg.com website including all subpages, content, features and services offered.
  2. “User” means any natural or legal person who accesses or uses the Platform, irrespective of whether they act as an entrepreneur or consumer.
  3. “Entrepreneur” within the meaning of Section 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
  4. “Consumer” within the meaning of Section 13 BGB is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.
  5. “Subscription” means the time-limited (paid or free) use of certain services or features of the Platform.
  6. “Content” means all texts, images, videos, data, information or other materials that are provided on the Platform by the User or by us.

§3 Services Provided

Wallstoneberg.com is an online video platform that enables businesses to present their services or products by uploading and sharing videos.

The use of certain functions of the Platform, including the publication of multiple videos, may require a paid subscription. The exact prices and included services are specified on the Platform.

We reserve the right to modify, extend or restrict the services offered on the Platform at any time, provided this is reasonable for the User and no material contractual obligations are violated.

Access to the Platform is exclusively online. We do not offer physical products or in-person on-site services.

The provision of the services requires a functioning internet connection and compliance with the minimum technical requirements specified on the Platform.

§4 Registration and Account

  1. Registration is required in order to use certain functions of the Platform.
  2. The following details are mandatory for registration: business website address, business name, business address, telephone number, opening and closing times and a description of the business. In addition, at least one video of the business must be uploaded.
  3. The User is obliged to provide truthful and complete information and to keep it up to date during the term of the contract.
  4. Access to the user account must be protected by a password. The User is obliged to keep the password secret and to protect it from unauthorised access.
  5. The User is liable for all actions carried out on the Platform using their access data, unless the User is not responsible for the unauthorised access.

§5 Conclusion of Contract

  1. The presentation of the services on the Platform does not constitute a legally binding offer, but a non-binding invitation to the User to submit an offer.
  2. The contract is concluded when we accept the User’s offer by express confirmation via email or by activating access to the booked services.
  3. An automatic payment system or online payment processing on the Platform is currently not available.

§6 Prices and Payment Terms

  1. All prices are quoted in euros. For consumers (B2C), prices include statutory value-added tax (VAT), where applicable. For entrepreneurs (B2B), prices are exclusive of statutory VAT unless otherwise stated; VAT incurred will be shown on the invoice in accordance with legal requirements. No shipping costs arise, as all services are provided online.
  2. Payment is made exclusively on the basis of our invoice sent by email.
  3. Invoices are to be paid within the period specified in the invoice. In the event of late payment, the provisions in § 10 apply.

§7 Right of Withdrawal

7.1 Information on the right of withdrawal for consumers

Consumers within the meaning of Section 13 BGB have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

Exercising the right of withdrawal

To exercise your right of withdrawal, please send us a clear declaration of your decision to withdraw from this contract. The fastest way to do this is via our online contact form at https://wallstoneberg.com/contact-us (please select “Withdrawal” in the dropdown) or by email to withdrawal@wallstoneberg.com.

We recommend these channels for the fastest processing. Any other clear declaration sent to us using the contact details specified in these GTC will also be accepted as an effective withdrawal.

To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you without undue delay and at the latest within fourteen (14) days from the day on which we received the notification of your withdrawal. 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 for this repayment.

If you requested that the services begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal compared to the total scope of the services provided for in the contract.

Special note on digital services

Your right of withdrawal expires prematurely if the contract has been fully performed by us after you have expressly consented to us beginning performance of the contract before the end of the withdrawal period and you have confirmed that you are aware of losing your right of withdrawal once the contract has been fully performed (Section 356 (5) BGB).

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

To: Wallstoneberg.com – Tushar Sharma
Sankt-Martin-Straße 14
82467 Garmisch-Partenkirchen
Germany
Email: withdrawal@wallstoneberg.com

I/we (*) hereby withdraw from the contract concluded by me/us (*)
for the provision of the following service (*):
____________________________________________________

Ordered on (*) / received on (*): ______________________
Name of consumer(s): ________________________________
Address of consumer(s): ______________________________
(optional) Business name: _____________________________
(optional) Business ID: _______________________________
(optional) Reason for withdrawal (for statistical purposes only): __________
Signature of consumer(s) (only if notification is on paper)
Date: _________________________________

(*) Delete as appropriate.

§8 Refund Policy

For entrepreneurs (B2B)

Payments for subscriptions to Wallstoneberg.com are strictly non-refundable once the service has started. The statutory right of withdrawal for consumers does not apply to entrepreneurs (Section 14 BGB).

For consumers (B2C)

Payments are non-refundable once the service has started and the right of withdrawal has been effectively excluded. By completing the purchase, you expressly request that Wallstoneberg.com begin providing the service immediately and before the end of the withdrawal period and acknowledge that you lose your statutory right of withdrawal (Section 356 (5) BGB) once the service has been fully provided.

§9 Term and Termination

  1. The term of the contract is determined by the respective subscription period selected and begins on the day the contract is concluded.
  2. Unless expressly agreed otherwise, a paid subscription does not renew automatically. A new contract must be concluded for use after the subscription has expired.
  3. Both parties may terminate the contract without notice for good cause. Good cause exists in particular if
    1. the User repeatedly or seriously breaches these GTC,
    2. due payments are not made despite a reminder, or
    3. legal provisions are violated.
  4. Termination must be made in text form (e.g. by email).

§10 Late Payment

  1. If payment is not received by the due date specified in the invoice, we reserve the right to suspend access to the services until full payment has been made.
  2. We may charge default interest on overdue amounts in accordance with Sections 288 and 286 BGB and claim reasonable costs for debt collection.

§11 User Responsibilities

  1. The User undertakes to use the Platform only in accordance with these GTC and the applicable legal provisions.
  2. In particular, the User is prohibited from:
    1. publishing or distributing unlawful, offensive, defamatory, obscene or otherwise impermissible content on the Platform,
    2. uploading content for which they do not have the corresponding usage rights,
    3. bypassing, disrupting or interfering with technical facilities of the Platform,
    4. using automated systems (e.g. bots, scrapers) to collect data from the Platform unless this has been expressly approved.
  3. The User is solely responsible for the content they upload and ensures that it does not infringe the rights of third parties.
  4. In the event of breaches of these obligations, we reserve the right to block the User’s access or to terminate the contract without notice.

§12 Intellectual Property

  1. All content, designs, logos, trademarks and other materials on the Platform that are provided by us are protected by copyright or other intellectual property rights and may not be used, reproduced, distributed or made publicly accessible without our prior written consent.
  2. The User receives a simple, non-transferable and non-exclusive right to use the services and content provided by us, solely for the duration of the contractual relationship.
  3. The User remains the holder of all rights to the content they upload. By uploading, however, the User grants us a simple, worldwide, non-exclusive, royalty-free right to use the content for display, reproduction and distribution on the Platform and in our marketing channels (including social media), insofar as this is necessary to fulfil the purpose of the contract.

§13 Liability

  1. We are liable in accordance with the statutory provisions without limitation for damages resulting from injury to life, body or health, insofar as these are based on intentional or negligent breach of duty by us, our legal representatives or vicarious agents. This only applies where such liability is required by law.
  2. For other damages, we are liable only in cases of intent and gross negligence. In cases of simple negligence, we are only liable if a material contractual obligation (“cardinal obligation”) has been breached. In such cases, liability is limited to the foreseeable damage typical for the contract.
  3. The limitations of liability do not apply if we have fraudulently concealed a defect or assumed a guarantee or if claims under the Product Liability Act exist.
  4. Where our liability is excluded or limited, this also applies to the personal liability of our legal representatives, employees and vicarious agents.

§14 Indemnification

  1. The User indemnifies us, our legal representatives, employees and vicarious agents against all claims by third parties that are asserted against us due to content or actions of the User in connection with the use of the Platform, insofar as the User is responsible for these.
  2. The indemnity also includes the reasonable costs of legal defence, including all court and lawyer fees at the statutory rate.
  3. The User is obliged, in the event of claims by third parties, to provide us immediately, completely and truthfully with all information required for the examination of the claims and the defence.

§15 Data Protection

  1. We process personal data of the User exclusively within the framework of the applicable data protection laws, in particular the GDPR and the German Federal Data Protection Act (BDSG).
  2. Details on the processing of personal data, the purposes of processing, the legal bases and the rights of data subjects can be found in our Privacy Policy, available at https://wallstoneberg.com/privacy-policy.
  3. The User is obliged to use personal data of other users, which they obtain in the course of using the Platform, exclusively within the framework of the purpose of the contract and not to pass it on to unauthorised third parties.

§16 Changes to Terms

  1. We reserve the right to amend these GTC at any time if this is necessary for objective reasons (e.g. changes in the legal situation, supreme court rulings, market conditions or for technical reasons).
  2. Changes will be communicated to the User at least 14 days before their intended entry into force in text form (e.g. by email).
  3. If the User does not object to the change within 14 days of receipt of the change notification, consent shall be deemed to have been granted. The User will be explicitly informed of this consequence in the change notification.
  4. In the event of a timely objection, we reserve the right to terminate the contract at the time the amended terms come into force.

§17 Governing Law and Jurisdiction

  1. 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 (CISG).
  2. For consumers, the mandatory consumer protection provisions of their country of residence also apply.
  3. If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is our place of business in Munich or Garmisch-Partenkirchen, Germany.
  4. For consumers, the statutory places of jurisdiction apply.

§18 Force Majeure

  1. We are not liable for failure or delay in the performance of our contractual obligations if this is due to events beyond our reasonable control (“force majeure”).
  2. Events of force majeure include in particular natural disasters, official orders, pandemics, epidemics, strikes, lawful lockouts, war, terrorist acts, power failures, failures of telecommunications networks or internet services and other unforeseeable events for which we are not responsible.
  3. In the event of force majeure, we are released from the obligation to perform for the duration and within the scope of the effects. Payments already made will not be refunded unless statutory provisions stipulate otherwise.

§19 Alternative and Online Dispute Resolution

  1. The European Online Dispute Resolution (ODR) platform of the European Commission has not accepted new complaints since 20 March 2025 and will be completely discontinued on 20 July 2025.
  2. Information on alternative dispute resolution (ADR) bodies can be found on the European Commission’s website (“Consumer Redress in the EU”).
  3. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).

§20 Severability

  1. Should any provision of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.
  2. In place of the invalid or unenforceable provision, the statutory provision shall apply. If such a provision does not exist, a provision shall be deemed agreed which comes closest to the economic purpose of the invalid provision.
  3. The same applies in the event that these GTC prove to be incomplete.

§21 Contact Information

Email: contact@wallstoneberg.com
Website: www.wallstoneberg.com
Economic Identification Number and VAT ID (USt-IdNr.): DE456067705