2.1.1 The user (To Be Presented) can create a wish list for any occasion (eg wedding). He can design this textual (title, description) individually and graphically with predefined designs. The user can then add gift suggestions to the wish list. For this purpose, he can use the online stores specified and linked on the website (e.g. www.amazon.de). However, he can also add his own wishes.
2.1.2 The user (gift giver) can view the wish list of another user (gift recipient) and mark gift suggestions contained therein ("mark as purchased"). If the person making the gift has selected an item from an online store or has added an item with a URL to his or her wish list via "Register gift", the person making the gift can click on the item to go to the corresponding order page and place an order there. The order there or the contract concluded there, is concluded exclusively between the user and the online store (see also point 4).
3.1 The use of Wishbob is generally permitted only to natural persons of full age and unlimited legal capacity. Minors may only enter into a usage agreement with the consent of their legal representatives
3.2 The user agrees to receive after creating a wish list, a confirmation email with the access data for the administration of his wish list, and a reminder email after a few days if no wishes have been entered.
3.3 The user agrees to receive a reminder email for the creation of a new wish list, if marked accordingly when creating a wish list.
In the case of use of external links (hyperlinks to external websites), whether by the operator or by the user, the operator has no influence on their content. For this reason, the operator can not guarantee these contents and therefore any liability of the operator is excluded.
4.1 Articles or services of online stores are ordered by the user if necessary at the linked online stores. The conditions of the online stores apply to this. The operator does not guarantee the conclusion of contracts or legal transactions with the online stores and is not responsible for these orders.
4.2 The operator is not an intermediary of contracts or legal transactions concluded between users and online stores. He neither becomes a contracting party nor acts as a representative of a contracting party. In the case of orders in online stores, the initiation, conclusion and execution of contracts or legal transactions are carried out to the exclusion of any liability of the operator. This is done at the expense, risk and sole responsibility of the users.
4.3 For the content of article or service descriptions, especially with regard to their accuracy, completeness and timeliness (eg on price, condition, availability, etc.), any liability of the operator is excluded.
The operator does not guarantee the uninterrupted, complete and error-free accessibility of Wishbob or consistent quality. In order to perform maintenance, functional testing and troubleshooting, access may be suspended at any time. The operator reserves the right to change the functions and layout of the website at any time. Thus, the functions of the website may increase or decrease.
6.1 The content and materials (e.g. software, source codes, texts, graphics, logos, etc) created by the operator on Wishbob itself, as well as the design and layouts, are protected by copyright.
Copying only allowed if authorized by the operator or necessary for the use of Wishbob.
Any reproduction, distribution, commercial use, linking, integration or other linking of the content in any other way is prohibited without prior written permission from the operator.
6.2 Third party content and materials used or accessed by the operator on Wishbob are also usually subject to third party property rights (copyrights, trademark rights, etc.). In this case, only the User is obligated to obtain any necessary consent from the respective rights holders before making copies, distributing or otherwise using the material. If the user violates such rights of third parties through his actions, then exclusively the user is liable to the affected rights holder, but not the operator.
6.3 The previous point 6.2 also applies in particular to the use of the function "Enter gift". It is the sole responsibility of the user to ensure that this does not violate any intellectual property rights or other rights of third parties (eg by inserting images / photos / screenshots / graphics, links, texts), or previously obtained any necessary permits from the respective rights holder. Any liability in this regard from the operator is excluded.
A blocking of the user is normally only for the protection of legitimate interests of the operator, other users or other third parties. The user can not derive any claims against the operator from the blocking. The handling of the data after blocking is regulated in the next two points 8. and 9.
The operator reserves the right to delete wish lists after a period of 12 months, from the database without the user being notified in advance.
11.1 For all disputes arising from or in connection with a contractual relationship in which the operator is involved, the exclusive jurisdiction of the court with subject-matter jurisdiction in Vienna is agreed.
11.2 The exclusive applicability of Austrian law is agreed, excluding the UN Sales Convention. The contractual, ordering, complaint and business language is German.
As of: 08/19/2018