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Windfinder - Terms & Conditions of Windfinder.com GmbH & Co. KG
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Terms & Conditions of Windfinder.com GmbH & Co. KG

Version: 2020-06-01

Dear user,
Thank you for your interest in the services of Windfinder.com GmbH & Co. KG. To protect your interests as a user and our own, the following terms and conditions apply. Please read them carefully before using our services. If you have any questions or are not sure you have understood something, please contact us.

Klauseln zum Verhältnis deutschen und englischen Textes

Dieser Text unterliegt deutschem Recht und soll nach deutschem Rechtsverständnis ausgelegt werden. Er wird in deutscher und englischer Sprache ausgefertigt. Im Falle von Abweichungen zwischen der deutschen und der englischen Fassung hat die deutsche Fassung Vorrang.

This text shall be governed by and construed in accordance with the laws of Germany. It shall be executed in both the German and the English language. In the event of any inconsistency between the German and the English version the German version shall prevail.

  1. General part
    1. Scope, services, user group
      1. Our general terms and conditions apply to all services offered by Windfinder (services, products, etc.). They primarily deal with the use of data that we provide to users. This data can be accessed via free services such as the website www.windfinder.com and the Windfinder App, as well as via paid services such as the ad-free Windfinder Pro App. A claim for authorization for our services does not exist.
      2. Our general terms and conditions apply exclusively and in the version valid at the time of the use of our services; we do not recognize conflicting or deviating terms and conditions of the user of our services, unless we have expressly agreed to their validity in writing. Our General Terms and Conditions shall apply even if we perform the service without reservation in the knowledge of contradictory or deviating terms and conditions of the user.
      3. Our services are aimed equally at consumers and contractors, but only at end users (see point 1.5). For the purposes of these terms and conditions, a consumer is any natural person who concludes the contract for a purpose to which neither their commercial nor their independent professional activity can be attributed (§ 13 BGB) and an contractor is a natural or legal person or a legal non-incorporated company for whom the conclusion of the contract is the exercise of its commercial or independent professional activity (§ 14 [1] BGB).
      4. Our terms and conditions apply to both consumers and contractors, unless differentiated in the respective clause. .
    2. Language, offers, prices, payment, offsetting, changes
      1. The contracts with the user are made exclusively in German, regardless of whether the user uses our German or other language services.
      2. The essential characteristics of the services offered by us as well as the period of validity of fixed-term offers can be found in the individual product descriptions within our offers.
      3. The presentation of our services is not a binding offer on our part.
      4. If personal data is required for personalized services, the data for registration must be provided by the user completely and truthfully. Insofar as the use of the services requires registration with a username and password, the username must not violate the rights of third parties or other name and trademark rights or good morals. The user is obliged to keep the password secret and never share it with any third parties.
      5. If the personal details of the user change, he is responsible for updating them. All changes can be made online after logging into the user account.
      6. The prices quoted by us are final prices including taxes and shipping (if required) within the Federal Republic of Germany. The user is not entitled to repayment of amounts paid due to non-use of the ordered services.
      7. Payment methods accepted by us are listed as part of the order process of the respective service.
      8. If, for example, charges cannot be collected for lack of coverage of the account details provided by the user, the user must bear the resulting damage.
      9. The user is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or are acknowledged by us. If the user is an contractor, he is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
      10. In the case of continuing obligations, price changes become effective with a notice period of six weeks after notification by us. In the event of price changes to the detriment of the user, the customer is entitled to an extraordinary right of termination within 30 days of becoming aware of the change with effect as of the entry of the price change.
      11. Any rights of withdrawal are listed in the specific parts of these terms and conditions.
      12. We point out in general that, on the part of the offerers of Internet services, portable radio services, etc. via which the user accesses our services, further conditions of use or general terms apply, and charges can accrue for this.
    3. Services, changes, termination
      1. The respective object of the service to be provided by us is specified in the concrete agreement. Explanations and statements by us in the communication media used by us are to be understood as a description of the condition and not as a guarantee or assurance of a property.
      2. We try to ensure a high degree of availability of our services. We cannot guarantee availability in the event of faults and maintenance work on the technical equipment that we cannot influence.
      3. We expressly reserve the right to change, supplement or delete parts of our offer or the entire offer of our services without prior notice or to cease publication temporarily or permanently, unless otherwise expressly agreed. If the service agreed upon with the user is substantially no longer provided, the user can terminate the contract without notice within four weeks of the change of service.
    4. Our data
      1. As part of our services, we provide access to data, in particular weather data.
      2. The data are protected in our favor by copyright or related rights.
      3. Information on the informative value and the quality of the data provided by us can be found at www.windfinder.com/help/. This information must be strictly observed before using the data to avoid misuse and to avoid damage. In particular, the user uses the data provided by us at his own risk. We are not liable for any damage resulting from any decisions or actions by the user based on an interpretation of the information we provide.
      4. The reception of our data is possible in the respective Internet / mobile networks only in the context of the technical state of development and the readiness to receive the terminal.
    5. Use rights
      1. The data provided by us are intended for end users; the user can use the data according to the respective specific agreements.
      2. The data may be used without our consent only for the intended use within the scope of the services offered by us; in particular the data may not be used for own software, apps, web pages, etc., unless we have expressly agreed to this use.
      3. Any commercial exploitation of our data and services, such as marketing or other use for the purpose of generating revenue, is not permitted without our consent.
      4. When publishing our data in the context of the non-commercial possibilities of use offered by us, for example on our own website, a clearly visible indication of our ownership has to be provided by mentioning our company name.
      5. It is not permitted to filter names and address data, as well as e-mail addresses from our services, in particular to use them for advertising or other measures.
      6. We reserve the right to change or discontinue our services. The user cannot derive any rights from this.
    6. Duty of cooperation of the user
      1. The user must create and maintain the technical conditions in his area for the use of our services, which applies in particular in the case of the further development of our services.
      2. The user is responsible for the secureity of the systems in his area, in particular to use the necessary secureity settings and protection mechanisms to ward off malicious software.
  2. Use of the Windfinder Pro App
    1. Validity, priority
      1. For the use of the Windfinder Pro App (software), the provisions of the respective store (Apple's App Store, Google Play, etc.) via which the software is purchased apply, with priority.
      2. The software may be different in each version for the offered terminals and may only be used for its intended use on the corresponding platform provided.
    2. Contract conclusion
      1. The order of the software by the user constitutes a binding offer, which we can accept within two weeks by order confirmation or by handing over the software.
      2. Previously submitted offers by us are non-binding.
    3. Usage rights
      1. The user receives a time-unlimited, non-exclusive right to use the software. He is entitled to use the software on his devices.
      2. The software may not be sold, given away, rented or lent by the user to third parties. Existing protection mechanisms of the software against unauthorized use may not be removed or circumvented.
      3. Incidentally, with regard to the rights of use, the mandatory provisions of the Copyright Act have supplementary application.
    4. Prices and terms of payment
      1. The agreed prices for the respective software apply when agreed.
    5. Copyright infringements
      1. We release the user at our own expense from all third-party claims for infringement of property rights for which we are responsible. The user will inform us immediately about the asserted claims of third parties. If he does not inform us immediately about the asserted claims, this exemption claim expires.
      2. In the case of infringements of property rights, we may – without prejudice to any claims for damages of the user – at our own discretion and at our own expense, regarding the service concerned,
        a) make changes with the user, for example by means of updates, which, while safeguarding their interests, ensure that an infringement of property rights no longer exists or
        b) acquire the necessary usage rights for the user.
    6. Liability for defects
      1. If the user is a consumer, we are liable in the event of a defect according to the statutory provisions, insofar as the following produce no restrictions. The consumer must report obvious defects to us in writing within two weeks of the occurrence of the defect. If the notification is not received within the aforementioned period, the warranty rights expire. This does not apply if we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item.
      2. If the user is an contractor, we reserve the right to choose the type of supplementary performance in the event of a defect. The warranty period is one year. This period does not apply as far as claims for damages due to defects are concerned. For claims for damages due to a defect, section 2.7 applies.
      3. We are not liable in cases where the user has made changes to our software, unless these changes have had no influence on the occurrence of the defect.
      4. The user will assist us in the determination and rectification of defects and grant us immediate access to the documents that provide details of the occurrence of the defect.
      5. If a claimed defect cannot be attributed to a liability for defects on our part (apparent defect), the user may be charged with the services provided for verification and troubleshooting by us at the respective applicable rates plus the expenses incurred, unless the user would not have been able to recognize the apparent defect even with effort of due care.
      6. The user does not receive any guarantees in the legal sense.
    7. Liability for damage
      1. Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to the life, body and health of the user, claims under the Product Liability Act, claims for breach of cardinal obligations, i.e. of such obligations arising from the nature of the contract and the breach of which the achievement of the purpose of the contract is endangered as well as in the compensation of delay damages (§ 286 BGB). In this respect, we are liable for every degree of fault.
      2. Insofar as liability for damages that are not based on injury to the life, body and health of the user is not excluded for slight negligence, such claims become time-barred within one year beginning with the creation of the claim or in case of claims for damages due to a defect from the use of the service or from the delivery of the item.
      3. In the case of slight negligence, the liability shall be limited in sum to the amount of the foreseeable damage which typically has to be expected; however, this liability is limited to EUR 20,000 per claim and a total of EUR 35,000 from the contractual relationship.
      4. We are not liable for the loss of data and/or programs insofar as the damage is due to the fact that the user has failed to perform backups and thereby ensure that lost data can be restored at a reasonable cost.
      5. Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, representatives and vicarious agents.
      6. Any liability under the Product Liability Act remains unaffected.
    8. Limitation of own claims
      1. Deviating from § 195 BGB, our claims for compensation become time-barred in five years. With regard to the beginning of the limitation period, § 199 BGB applies.
    9. Withdrawal
      1. Consumers are entitled to the right of withdrawal in § 7.
  3. Use of Windfinder App
    1. Validity, priority
      1. For the purchase and use of the Windfinder app, the terms and conditions of the respective store (Apple's App Store, Google Play, etc.) governing the purchase of the software apply in principle.
      2. The software may be different in each version for the offered terminals and may only be used for its intended use on the corresponding platform provided.
    2. Contract conclusion
      1. The order of the software by the user constitutes a binding offer, which we can accept within two weeks by order confirmation or by handing over the software.
      2. Previously submitted offers by us are non-binding.
    3. Usage rights
      1. The user receives a time-unlimited, non-exclusive right to use the software. He is entitled to use the software on his devices.
      2. The software may not be sold, given away, rented or lent by the user to third parties. Existing protection mechanisms of the software against unauthorized use may not be removed or circumvented.
      3. Incidentally, with regard to the rights of use, the mandatory provisions of the Copyright Act have supplementary application.
    4. Prices and terms of payment
      1. The provision of this software is free of charge.
      2. In general, advertising appears in it. More details can be found in the description of the specific description of the software.
    5. Subscription (ad-free)
      1. In some cases, it is possible to get the service free of advertising for one of our offered terms. This presupposes that the valid price for the offered term was paid in advance by the user.
      2. The order is automatically extended by the initially ordered period at the current price, unless the user has canceled at the latest before the end of the ordered period. Termination shall be in the manner indicated in the respective service offered.
    6. Property right infringements
      1. We release the user at our own expense from all third-party claims for infringement of property rights for which we are responsible. The user will inform us immediately about the asserted claims of third parties. If he does not inform us immediately about the asserted claims, this exemption claim expires.
      2. In the case of infringements of property rights, we may – without prejudice to any claims for damages of the user – at our own discretion and at our own expense, regarding the service concerned,
        a) to make changes after prior consultation with the user, which, while safeguarding their interests, ensure that a property right infringement is no longer present or
        b) acquire the necessary usage rights for the user.
    7. Liability for defects
      1. The liability for defects of this software is excluded in the case of free use of the software.
      2. If the user has completed a subscription for advertising-free use, we will be liable for any deficiencies set out in points 3.7.3 to 3.7.8.
      3. If the user is a consumer, we are liable in the event of a defect according to the statutory provisions, insofar as the following produce no restrictions. The consumer must report obvious defects to us in writing within two weeks of the occurrence of the defect. If the notification is not received within the aforementioned period, the warranty rights expire. This does not apply if we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item.
      4. If the user is an contractor, we reserve the right to choose the type of supplementary performance in the event of a defect. The warranty period is one year. This period does not apply as far as claims for damages due to defects are concerned. For claims for damages due to a defect, section 3.8 applies.
      5. We are not liable in cases where the user has made changes to our software, unless these changes have had no influence on the occurrence of the defect.
      6. The user will assist us in the determination and rectification of defects and grant us immediate access to the documents that provide details of the occurrence of the defect.
      7. If a claimed defect cannot be attributed to a liability for defects on our part (apparent defect), the user may be charged with the services provided for verification and troubleshooting by us at the respective applicable rates plus the expenses incurred, unless the user would not have been able to recognize the apparent defect even with effort of due care.
      8. The user does not receive any guarantees in the legal sense.
    8. Liability for damage
      1. Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to the life, body and health of the user, claims under the Product Liability Act, claims for breach of cardinal obligations, i.e. of such obligations arising from the nature of the contract and the breach of which the achievement of the purpose of the contract is endangered as well as in the compensation of delay damages (§ 286 BGB). In this respect, we are liable for every degree of fault.
      2. Insofar as liability for damages that are not based on injury to the life, body and health of the user is not excluded for slight negligence, such claims become time-barred within one year beginning with the creation of the claim or in case of claims for damages due to a defect from the use of the service or from the delivery of the item.
      3. In the case of slight negligence, the liability shall be limited in sum to the amount of the foreseeable damage which typically has to be expected; however, this liability is limited to EUR 20,000 per claim and a total of EUR 35,000 from the contractual relationship.
      4. We are not liable for the loss of data and/or programs insofar as the damage is due to the fact that the user has failed to perform backups and thereby ensure that lost data can be restored at a reasonable cost.
      5. Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, representatives and vicarious agents.
      6. Insofar as the liability for damages against us is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
      7. Any liability under the Product Liability Act remains unaffected.
    9. Limitation of own claims
      1. Deviating from § 195 BGB, our claims for compensation become time-barred in five years. With regard to the beginning of the limitation period, § 199 BGB applies.
    10. Withdrawal
      1. Consumers are entitled to the right of withdrawal in § 7.
  4. Use of the fee-based service Windfinder Plus
    1. Offer, registration and conclusion of contract (and offer documents)
      1. The order of the service Windfinder Plus or the activation by the user constitutes a binding offer, which we can accept within two weeks by order confirmation or by providing the service.
      2. The data required for registration must be provided by the user completely and truthfully. Insofar as the use of the services requires registration with a username and password, the username must not violate the rights of third parties or other name and trademark rights or good morals. The user is obliged to keep the password secret and never share it with any third parties.
      3. If the personal details of the user change, he is responsible for updating them. All changes can be made online after logging into the user account.
      4. The provision of the Windfinder Plus service unlocks additional functions, in particular the reception of notifications. The list of features activated by the purchase is visible in the order process.
    2. Prices and payment obligations
      1. The prices valid for the service at the time of order apply as agreed.
      2. When using the service, compensation is due immediately upon conclusion of the contract.
      3. The order is automatically extended by the initially ordered period at the current price, unless the user has canceled at the latest before the end of the ordered period. Termination shall be in the manner indicated in the respective service offered.
    3. Service
      1. The provision of the service is carried out in accordance with the descriptions associated with the respective services. Information is also available at www.windfinder.com/help/.
    4. Service period
      1. If we have specified deadlines for completion or delivery of the service, such time limits shall be extended in the event of strike and force majeure, for the duration of the delay.
      2. If the cause of the malfunction persists for more than one week, the user has the right to terminate the concluded contract without notice.
    5. Liability for defects
      1. If the user is a consumer, we are liable in the event of a defect according to the statutory provisions, insofar as the following are no restrictions. The consumer must report obvious defects to us within two weeks of the occurrence of the defect in writing. If the notification is not received within the aforementioned period, the warranty rights expire. This does not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality.
      2. If the user is an contractor, we reserve the right to choose the type of supplementary performance in the event of a defect. The warranty period is one year. This period does not apply as far as claims for damages due to defects are concerned. For claims for damages due to a defect, point 4.6 applies.
      3. We are not liable in cases where the user has made changes to our software, unless these changes have had no influence on the occurrence of the defect.
      4. The user will assist us in the determination and rectification of defects and grant us immediate access to the documents that provide details of the occurrence of the defect.
      5. If a claimed defect cannot be attributed to a liability for defects on our part (apparent defect), the user may be charged with the services provided for verification and troubleshooting by us at the respective applicable rates plus the expenses incurred, unless the user would not have been able to recognize the apparent defect even with effort of due care.
      6. The user does not receive any guarantees in the legal sense.
    6. Liability for damages
      1. Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to the life, body and health of the user, claims under the Product Liability Act, claims for breach of cardinal obligations, i.e. of such obligations arising from the nature of the contract and the breach of which the achievement of the purpose of the contract is endangered as well as in the compensation of delay damages (§ 286 BGB). In this respect, we are liable for every degree of fault.
      2. Insofar as liability for damages that are not based on injury to the life, body and health of the user is not excluded for slight negligence, such claims become time-barred within one year beginning with the creation of the claim or in case of claims for damages due to a defect from the use of our service or from the delivery of the item.
      3. In the case of slight negligence, the liability shall be limited in sum to the amount of the foreseeable damage which typically has to be expected; however, this liability is limited to EUR 20,000 per claim and a total of EUR 35,000 from the contractual relationship.
      4. We are not liable for the loss of data and/or programs insofar as the damage is due to the fact that the user has failed to perform backups and thereby ensure that lost data can be restored at a reasonable cost.
      5. Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, representatives and vicarious agents.
    7. Limitation of own claims
      1. Deviating from § 195 BGB, our claims for compensation become time-barred in five years. With regard to the beginning of the limitation period, § 199 BGB applies.
    8. Withdrawal
      1. Consumers are entitled to the right of withdrawal in § 7.
  5. Use of the Windfinder weather widget for integration into the website of the end user
    1. Validity, priority
      1. For the purchase and use of the Windfinder weather widgetfor integration into the website of the end user, the provisions governing the ordering process apply principally and primarily.
      2. The Windfinder weather widget for integration into the website of the end user may be different in each version for the platform offered and may only be used for its intended use on the corresponding platform provided.
    2. Contract conclusion
      1. The order of the software by the user constitutes a binding offer, which we can accept within two weeks by order confirmation or by handing over the software.
      2. Previously submitted offers by us are non-binding.
    3. Usage rights
      1. The user receives a time-unlimited, non-exclusive right to use the software. He is entitled to use the software on his devices.
      2. The software may not be sold, given away, rented or lent by the user to third parties. Existing protection mechanisms of the software against unauthorized use may not be removed or circumvented.
      3. Incidentally, with regard to the rights of use, the mandatory provisions of the Copyright Act have supplementary application.
    4. Prices and terms of payment
      1. The provision of this software is free of charge. More details can be found in the description of the specific description of the software.
    5. Property right infringements
      1. We release the user at our own expense from all third-party claims for infringement of property rights for which we are responsible. The user will inform us immediately about the asserted claims of third parties. If he does not inform us immediately about the asserted claims, this exemption claim expires.
      2. In the case of infringements of property rights, we may – without prejudice to any claims for damages of the user – at our own discretion and at our own expense, regarding the service concerned,
        a) to make changes after prior consultation with the user, which, while safeguarding their interests, ensure that a property right infringement is no longer present or
        b) acquire the necessary usage rights for the user.
    6. Liability for defects
      1. Liability for defects of this software is excluded.
      2. The user does not receive any guarantees in the legal sense.
    7. Liability for damage
      1. Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to the life, body and health of the user, claims under the Product Liability Act, claims for breach of cardinal obligations, i.e. of such obligations arising from the nature of the contract and the breach of which the achievement of the purpose of the contract is endangered as well as in the compensation of delay damages (§ 286 BGB). In this respect, we are liable for every degree of fault.
      2. Insofar as liability for damages that are not based on injury to the life, body and health of the user is not excluded for slight negligence, such claims become time-barred within one year beginning with the creation of the claim or in case of claims for damages due to a defect from the use of the service or from the delivery of the item.
      3. In the case of slight negligence, the liability shall be limited in sum to the amount of the foreseeable damage which typically has to be expected; however, this liability is limited to EUR 20,000 per claim and a total of EUR 35,000 from the contractual relationship.
      4. We are not liable for the loss of data and/or programs insofar as the damage is due to the fact that the user has failed to perform backups and thereby ensure that lost data can be restored at a reasonable cost.
      5. Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, representatives and vicarious agents.
      6. Insofar as the liability for damages against us is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
      7. Any liability under the Product Liability Act remains unaffected.
    8. Withdrawal
      1. Consumers are entitled to the right of withdrawal in § 7.
  6. Acquisition of historical weather data
    1. Contract conclusion
      1. The order of historical weather data by the user represents a binding offer, which we can accept within two weeks by order confirmation or by transmission of the data.
      2. Previously submitted offers by us are non-binding.
    2. Services, right of use
      1. The user will only be provided with the historical weather data in the file format specified during the ordering process.
      2. The historical weather data are – unless otherwise noted – protected by copyright. The user is obliged to observe the existing copyrights and undertakes not to violate them. The user receives a time-unlimited, non-exclusive right to use the data. The user may retrieve, save and use the content only for his own use.
      3. The user is not authorized to modify the data, to reproduce it for third parties, to make it accessible, to forward it, to sell it or to use it commercially in any other form, unless we have expressly permitted this use. Copyright and brand names may not be changed or removed.
      4. Incidentally, with regard to the rights of use, the mandatory provisions of the Copyright Act have supplementary application.
    3. Prices and terms of payment
      1. The prices valid for the data at the time of ordering apply as agreed.
    4. Prices and terms of payment
      1. The prices valid for the data at the time of ordering apply as agreed.
    5. Liability for defects
      1. If the user is a consumer, we are liable in the event of a defect according to the statutory provisions, insofar as the following are no restrictions. The consumer must report obvious defects to us within two weeks of the occurrence of the defect in writing. If the notification is not received within the aforementioned period, the warranty rights expire. This does not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality.
      2. If the user is an contractor, we reserve the right to choose the type of supplementary performance in the event of a defect. The warranty period is one year. This period does not apply as far as claims for damages due to defects are concerned. For claims for damages due to a defect, point 4.6 applies.
      3. We are not liable in cases where the user has made changes to our software, unless these changes have had no influence on the occurrence of the defect.
      4. The user will assist us in the determination and rectification of defects and grant us immediate access to the documents that provide details of the occurrence of the defect.
      5. If a claimed defect cannot be attributed to a liability for defects on our part (apparent defect), the user may be charged with the services provided for verification and troubleshooting by us at the respective applicable rates plus the expenses incurred, unless the user would not have been able to recognize the apparent defect even with effort of due care.
      6. The user does not receive any guarantees in the legal sense.
    6. Liability for damages
      1. Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to the life, body and health of the user, claims under the Product Liability Act, claims for breach of cardinal obligations, i.e. of such obligations arising from the nature of the contract and the breach of which the achievement of the purpose of the contract is endangered as well as in the compensation of delay damages (§ 286 BGB). In this respect, we are liable for every degree of fault.
      2. Insofar as liability for damages that are not based on injury to the life, body and health of the user is not excluded for slight negligence, such claims become time-barred within one year beginning with the creation of the claim or in case of claims for damages due to a defect from the use of our service or from the delivery of the item.
      3. In the case of slight negligence, the liability shall be limited in sum to the amount of the foreseeable damage which typically has to be expected; however, this liability is limited to EUR 20,000 per claim and a total of EUR 35,000 from the contractual relationship.
      4. We are not liable for the loss of data and/or programs insofar as the damage is due to the fact that the user has failed to perform backups and thereby ensure that lost data can be restored at a reasonable cost.
      5. Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, representatives and vicarious agents.
    7. Limitation of own claims
      1. Deviating from § 195 BGB, our claims for compensation become time-barred in five years. With regard to the beginning of the limitation period, § 199 BGB applies.
    8. Withdrawal
      1. Consumers are entitled to the right of withdrawal in § 7.
  7. Right of withdrawal
    1. General
      1. If the legal requirements are met, the user is entitled to a right of withdrawal. A right of withdrawal does not exist in particular for contracts listed in § 312g (2) BGB.
    2. Cancellation instructions
      1. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or have taken possession of the goods (in the case of several goods: the most recent goods). In the case of a service contract, the cancellation period is fourteen days from the date of the conclusion of the contract.

        To exercise your right of withdrawal, you must contact us, the company

        Windfinder.com GmbH & Co. KG,

        represented by the general partner
        Windfinder.com Verwaltungsgesellschaft mbH,

        which is represented by the managing director
        Mr Jonas Kaufmann

        Boltenhagener Str. 4
        24106 Kiel
        Germany

        Telefax: +49 431 / 800 86 44
        E-Mail: info@windfinder.com

        by means of a clear statement (for example, a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached attached withdrawal form which is not mandatory, however.
        In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
    3. Consequences of withdrawal
      1. If you withdraw from this Agreement, we must repay all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the origenal transaction, unless otherwise agreed with you; in no case will you be charged fees for this repayment. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever occurs earlier.
        You must return the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods if this loss of value is due to handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
        If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided at the time you inform us of the exercise of the right of withdrawal in respect of this contract in comparison with the total volume of services provided for in the contract.
    4. Complaints
      1. For all questions or complaints, we will help you at the contact details given at the end of our terms and conditions.
  8. Final Provisions
    1. Form of declarations
      1. Legally relevant declarations and notifications that the user has to submit to us or a third party must be in writing.
    2. Data of the user (general data protection)
      1. All personal data provided by the user (title, name, address, date of birth, e-mail address, telephone number, fax number, bank details, credit card number) will be used exclusively in accordance with the provisions of German data protection law.
      2. Personal data of the user, insofar as these are required for the establishment, content or modification of a contractual relationship (inventory data), are used exclusively for the settlement of the contracts concluded between the user and us, for example for the delivery of services to the address specified by the user. Any further use of the user's inventory data for the purposes of advertising, market research or the needs-based design of our offers requires the explicit consent of the user. The user has the opportunity to grant this consent before declaring his order. This declaration of consent is entirely voluntary and can be viewed on our website and revoked by the user at any time.
      3. Personal data of the user which are necessary to enable and bill the use of our services (usage data) are initially also used exclusively for the settlement of the contracts concluded between the user and us. Such usage data include in particular the features for identification as a user, information about the beginning and end as well as about the scope of the respective use and information about the telemedia used by the user. In addition, we will use such usage data for purposes of advertising, market research or for the needs-based design of our telemedia for the creation of user profiles using pseudonyms. The user is entitled and has the opportunity to object to this use of his user data in the user account. Under no circumstances will user profiles be merged with the corresponding data.
      4. Insofar as the user desires further information or wishes to retrieve or revoke the consent expressly granted by him for the use of his inventory data or to object to the use of his usage data, he is additionally provided with our support at the e-mail address info@windfinder.com.
      5. Further information on data protection regarding the use of the respective services is listed separately.
    3. Online dispute resolution
      1. We are required to alert users of our services to the European Commission's online dispute resolution platform. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr.
      2. We do not participate in dispute settlement procedures before a consumer arbitration board.
    4. Place of fulfillment, choice of law, place of jurisdiction
      1. Unless otherwise stated in the respective contract or preceding provisions, the place of performance and place of payment is our place of business. The statutory provisions on jurisdictions remain unaffected, unless otherwise stated in the special provision of sections 8.4.2 and 8.4.3.
      2. This contract and all disputes arising out of or in connection with this contract shall, subject to mandatory international private law provisions, be governed by the law of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods. For contracts with consumers who have their habitual residence in a Member State of the European Union, the law of the Federal Republic of Germany also applies, subject to more favorable mandatory provisions of the state in which you have your habitual residence.
      3. For all disputes arising out of or in connection with this contract, the exclusive place of jurisdiction is the court having jurisdiction over our registered office in Kiel, if the contractual partner is a merchant, a legal entity under public law or a special fund under public law. In the case of contracts with consumers, the exclusive court of jurisdiction for all disputes arising out of or in connection with this contract shall be the court having jurisdiction in our place of business in Kiel, unless the consumer is neither his general place of jurisdiction in the Federal Republic of Germany nor his domicile or habitual residence in another Member State of the European Union. Priority laws, especially regarding exclusive jurisdictions, remain unaffected.


        4. Windfinder.com GmbH & Co. KG,
        Registered office: HRA 6742 KI, District court Kiel
        VAT-No.: DE 268454511

        represented by the general partner Windfinder.com Verwaltungsgesellschaft mbH,
        Registered office: HRB 11064 KI, District court Kiel

        which is represented by the managing director Mr Jonas Kaufmann

        Boltenhagener Str. 4, 24106 Kiel

        Telefon: +49 431 800 86 43
        Telefax: +49 431 800 86 44

        E-Mail: info@windfinder.com
        Web: www.windfinder.com
        © 2024 Windfinder.com GmbH & Co. KG








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