Terms and Conditions

General Explanations

Minifico GmbH, address: In der Würze 12, 79837 Häusern (hereinafter referred to as "Service Provider") shall provide services for planning and executing wish lists for private celebrations or events (such as for wedding gift wishes for bridal couples and their wedding guests) on the domain of www.honeywish.net and possibly other additional domains (in the following all generally referred to as "honeywish"). Furthermore, the Service Provider provides tourist information on honeywish and offers information on tourist offers and additional tourist services of third parties (such as travel agents and other service providers – travel agencies, hotels, special event organisers, etc.) and the option of submitting binding travel booking requests as well as unbinding travel queries to these third parties. The following usage conditions regulate the provision of all services by the Service Provider and usage of these services. The General Terms and Conditions are structured into:
Part A: General Terms and Conditions applying to the complete usage of honeywish
Part B: Supplementary Terms and Conditions applying to the complete usage of the services for planning and executing wish lists for private celebrations or events (such as for wedding gift wishes for bridal couples and their wedding guests) on honeywish only
Part C: Supplementary Terms and Conditions, applying to the complete usage regarding tourist information and offers information on tourist offers and additional tourist services of third parties on honeywish only.

Part A: General Terms and Conditions, applying to the complete usage of honeywish

§ 1 Changes to the Usage Conditions

The Service Provider reserves the right to change these usage conditions at any time effective also within the existing contractual relationships. The Service Provider shall inform any registered users of any such changes at least 6 weeks before the planned effective date of the changes. Where the user does not object to the changes within 6 weeks of receipt of notification and continues to use the services after the end of the objection period, the changes are deemed agreed on effectively with the end of the period. The Service Provider shall inform the user of his right to object and the consequences of objection in the notification of the change. In case of objection, the Service Provider shall have the right to terminate the contractual relationship with the user at the time the changes are to enter into effect.

§ 2 Usage Authorisation

1. The usage of some services available on honeywish requires registration as a user. There is no claim to registration. The Service Provider shall have the right to reject registration applications without stating reasons.
2. Prerequisite for registration shall be that the user is at least 18 years old. Minors must not register. In case of legal entities, registration must be performed by a person who is authorised to conduct business and to represent the entity without limitations.

§ 3 Closing of the Contract

1. The data requested by the Service Provider in the scope of registration and other information must be entered complete (where mandatory) and correctly by the user.
2. A contractual relationship shall only be entered into when registration was completed successfully.
3. The user shall be able to print the text of the contract and the data indicated at registration during registration.

§ 4 Note on the Right of Revocation

1. Revocation policy (for users as of 11 June 2010)
Right of Revocation
You may revoke your contractual statement in writing (e.g. letter, fax, email) within 14 days without stating reasons. The period shall commence with the receipt of this information as a text, but not before the contract is closed and not before we have complied with our obligation to inform pursuant to section 246 § 2 in connection with § 1 para. 1 and 2 introductory law of the German Civil Code and our obligations pursuant to § 312e para. 1 sentence 1 German Civil Code in connection with section 246 § 3 introductory law of the German Civil Code. To comply with the period for revocation, timely dispatch of your revocation shall be sufficient. Send your revocation to:

Minifico GmbH
In der Würze 12
79837 Häusern
Email: Service.DE@honeywish.net

Consequences of revocation
In case of effective revocation, any services received by either side shall be returned and any benefits possibly received (e.g. interest) shall be surrendered. Where you can not return the service received wholly or partially or only in a deteriorated state, you shall reimburse us for the value in this respect. Therefore, you may still have to comply with the contractual payment obligations for the period until your revocation. Obligations for repayment of payments must be complied with within 30 days. The period shall start for you with dispatch of your statement of revocation and for us with its receipt.

Special Notes
Your right to revocation shall lapse earlier of the contract is completely fulfilled by both sides on your express wish before you have exercised your right of revocation.

- End of information on your right of revocation -
2. Pursuant to § 312b German Civil Code, a right of revocation shall only be due to consumers. If the user is not a consumer in the sense of § 13 German Civil Code and uses services of the service provider, the right of revocation shall not apply.
3. The Service Provider offers his services for use after successful completion of registration.

§ 5 Responsibility for Access Information

1. The login information entered in the scope of registration (user name, password, etc.) shall be kept secret by the user and not made accessible to any unauthorised third parties.
2. The user shall also ensure that access to and usage of honeywish with the user’s access information is only performed by the user and/or authorised users. Where there are any facts that give reason to the assumption that unauthorised third parties have gained or will gain knowledge of the user's access information, the Service Provider shall be informed without delay.
3. The user shall be liable for any use and / or other activity performed with his access information according to the statutory provisions.

§ 6 Updating User Information

The user is obliged to keep his information (including contact information) up to date. Where there is any change in the information submitted during use, the information shall be corrected without delay on honeywish in the user's personal settings.

§ 7 Availability

1. Contents and scope of the services shall be determined by the respective contractual agreements at the commencement of the contract, and also by the respective functions available at honeywish from time to time. Expansion by additional services and functions and optimisation of existing services shall be reserved (under consideration of the users' reasonable interest).
2. The Service Provider strives for providing interruption-free use of his services where possible. However, technical interferences (such as interruptions of the power supply, hardware and software errors, technical problems in the data lines) can lead to temporary limitations or interruptions.

§ 8 End of Use, Termination

1. The user shall have the right to terminate usage at any time without stating reasons by initiating deletion of his account in his personal settings or by sending his termination to the Service Provider in writing or text (e.g. email).
2. The Service Provider shall have the right to terminate usage at any time without stating reasons with a period of 1 month by text (e.g. email). Regarding the use of wish lists by the user, however, this shall for the first time apply 3 months after the end of the event for which the wish list was set up.
3. Either party's right to extraordinary termination shall not be affected.

§ 9 Obligations of the User

1. The user is obliged to give any information indicated by him on his person in the scope of use of honeywish truthfully.
2. The user is obliged to comply with the applicable laws when using the services
3. The user is obliged to treat any email and other electronic messages he receives from honeywish in the scope of utilisation of the service confidentially and to not pass them on to any third parties without the consent of the communications partner.
4. honeywish is not an anonymous platform. The user is obliged to enter his actual name when registering. Using pseudonyms or pennames is not permissible.
5. Wish lists may only be drawn up in the user's own name and for his own account without previous written consent of the Service Providers.
6. The user must not abuse the services of the Service Providers. Abuse shall be present in particular in the following cases:

• Publication or distribution of illegal, defamatory, pornographic, violent or otherwise offensive contents
• Publication or distribution of copyrighted works (e.g. photographs of third parties).
• Coercion, threatening or insulting persons
• Use/publication/distribution of copyrighted material
• Advertising for products or use of data for distributing advertisements (e.g. SPAM), in particular stating value-added service phone numbers subject to charges (e.g. 0900 numbers, etc.) or hyperlinks to internet offers subject to charge
• Publication of untruthful contents
• Commercial use of the service without the previous written consent of the Service Provider

7. The user is also not permitted to perform any action suitable for interfering with the smooth operation of honeywish, in particular by putting an excessive load on the Service Provider's systems.
8. The service provider shall have the right to delete any illegal and/or abusive contents published by users without delay.
9. The user shall indemnify the Service Provider from any obligations and claims resulting from damage due to the loss of services for users, violation of copyright and brand rights, defamation, insults, violation of privacy rights or other rights of third parties. The user shall also reimburse the Service Provider for any damage caused by abusive use. This shall also include the costs required for defence against damages or other claims and costs for legal action (in particular costs for charging a lawyer).
10. The user shall grant the Service Provider simple usage rights in the contents and media contents uploaded by the user (texts, photographs, videos, etc.) for storage, copying making them publicly available completely or partially for rendering the services of honeywish.
11. The user shall ensure that the distribution and use of personal information of third parties (e.g. wedding guests) is permissible.

§ 10 Third-Party Services

1. The Service Provider uses advertisements on the honeywish website (banners, links, etc.). These are offers of third parties. The Service Provider does not become the contractual partner for goods and services offered by any third parties. This shall also apply where the Service Provider receives a commission payment in case a contract is entered into between the user and the third party.
2. The Service Provider shall not be liable for violations of obligations by any third parties.

§ 11 Sanctions

1. The Service Provider shall have the right to block access to the services for users or third parties temporarily or permanently when there is concrete indication that a user has violated or violates these usage provisions and / or applicable law or where the Service Provider has another reasonable interest in blocking the user. Where blocking a user is concerned, the Service Provider shall consider the reasonable interest of the user.
2. The Service Provider reserves the right to wholly or partially delete contents or data published by the user where the user has violated his obligations.
3. In case of a violation of obligations by the user, the Service Provider shall have the right to terminate the contractual relationship by extraordinary termination effective immediately.

§ 12 Privacy

1. The Service Provider shall ensure that personal information of users is only collected, stored and processed where required for contractual rendering of services and permissible by statutory provisions or required by law. The Service Provider shall treat personal information confidentially and according to the provisions of the applicable data privacy laws and not pass them on to any third parties where not required for performing the contractual obligations and / or there is a legal obligation to do so.
2. Where data privacy-related declarations of consent are collected by us from the user in the scope of usage of honeywish, we indicate that they can be revoked by the user at any time effective for the future.
3. For further information on data privacy and purpose, type and scope of collection, processing and usage of personal information, see the data privacy statement that can be accessed at any time under the privacy policy link.

§ 13 Limitation of Liability

1. The Service Provider shall be liable without limitation for any damage caused by honeywish in case of wilful intent and gross negligence.
2. In case of simple negligence, the Service Provider shall be liable without limitation in case of violation of life, body or health.
3. Apart from this, the Service Provider shall only be liable where he has violated an essential contractual obligation. Essential contractual obligations shall be the abstract description for such obligations that must be fulfilled for making it possible to properly perform the contract and for which the customer may regularly assume that they are complied with. In these cases, liability shall be limited to replacement of the typically arising damage that can be expected.
4. Liability pursuant to the product liability law shall not be affected.
5. Where liability of the Service Provider pursuant to the above provisions is excluded or limited, this shall also apply to the Service Provider's servants.

§ 14 Final Provisions

1. The law of the Federal Republic of Germany shall apply, and the application of the UN Convention on Contracts for the International Sale of Goods shall be excluded.
2. Where the user is a merchant, legal entity of public law or public special funds, the Service Provider's headquarters shall be the exclusive place of jurisdiction for any disputes arising from the contractual relationship.
3. Where individual provisions of these usage provisions are or become invalid, the validity of the remaining provisions shall not be affected.

Part B: Supplementary Terms and Conditions only applying for the complete usage of the services for planning and executing wish lists for private celebrations or events (such as for wedding gift wishes for bridal couples and their wedding guests) on honeywish

§ 1 Object

The provisions of the following usage conditions shall only apply for offers and information regarding the complete use of the services for planning and executing wish lists for private celebrations or events (such as for wedding gift wishes for bridal couples and their wedding guests). The provisions of the following usage conditions supplement the General Terms and Conditions described under item A.

§ 2 Services

1. On the honeywish website, the Service Provider provides users with a wish list service used for communicating gift wishes for private celebrations, such as weddings. Users can set up one or several virtual wish lists and invite third parties ("guests") to their wish list by email and through other channels. Guests can select gifts they want to give to the user on the password-protected wish list when they are given the password. The gifts on the honeywish wish list are given by forwarding amounts of money for the present by the giving guest ("giver") to the user directly. Thus, users have the flexibility to buy the gifts received where they wish. The Service Provider only provides the technical platform for organising the wish list and communication of the details for payment, including the interface to the payment service provider PayPal. The Service Provider does not organise collection of the money for the presents. The user shall have no claim against the Service Provider for execution of presents selected and promised by guests on honeywish but maybe not paid to the user. The Service Provider shall not be liable for any errors in the execution of payment for the presents that are outside of its sphere of control or responsibility.
2. While there is a contractual relationship, users can set up any number of wish lists. A wish list always refers to an event and has a date assigned. To prevent too many old wish lists from being around, the Service Provider shall have the right to delete or block wish lists when more than three months have passed since the event for which the date was entered when the wish list was set up.
3. Wish lists must only be set up in the name and for the account of the user without the previous written consent of the Service Provider.

§ 3 Prices, Payment Conditions

1. The Service Provider offers his services in different models free of charge or subject to charge. The agreed-on prices can be taken from the respective price information applicable from time to time. Setting up a wish list is generally free of charge. Where wish lists are made accessible to other users or third parties, a one-time service fee shall apply for any wish list made accessible.
2. The respective amounts that are agreed on are charged when the service is rendered (activating a wish list for third party access). The amount to be paid shall be payable immediately upon receipt of the payment request by email and shall be paid by the user to the Service Provider in advance without discount. Payments can also be made through PayPal.
3. Any provisions regarding free of charge test stages shall not be affected by this.
4. The one-time service fee may be dispensed with when the user enters into a contractual relationship with a sales partner of the Service Provider ("activate honeywish free of charge"). When proof is submitted that there is a contractual relationship with a distribution partner in place that entitles the user to free of charge use of the wish list, the one-time service fee shall not apply. The user shall be obliged to submit suitable proof to the Service Provider in writing or text (e.g. fax/email). The Service Provider is not the contractual partner of the user regarding the contract with the distribution partner.

§ 4 Third-Party Services

The Service Provider may also offer third-party services (e.g. travels, gifts) for selection, design and execution of a wish list. Where such third-party services are offered, the Service Provider is not the contractual partner of the user. The contractual relationship is entered into between the user and the respective provider of the services.

Part C: Supplementary Terms and Conditions, only applying for the complete usage regarding tourist information and offers information on tourist offers and additional tourist services of third parties on honeywish

§ 1 Object

The provisions of these following usage conditions shall only apply to the tourist information and tourist offers and additional tourist services – hereinafter referred to as travels - of third parties (such as tour operators or other service providers – travel agencies, hotels, special event organisers, etc.) on honeywish. The provisions of the following usage conditions supplement the General Terms and Conditions described under item A.

§ 2 Notes on the Activity of the Service Provider

1. The Service Provider expressly indicates that he does not operate a travel agency and that he is not a tour operator but only provides the user with the option of getting tourist information and accessing information on travels offered by third parties through honeywish.
2. Furthermore, the Service Provider also offers the user a chance to make binding travel booking requests to third parties and as well as unbinding travel queries. The Service Provider shall only pass these on to the respective responsible third party for processing without any changes. There is the option that the user can be forwarded directly to the respective booking portal of the responsible third party for making a binding travel booking request or unbinding travel query.
3. Only tourist information based on information and offers of third parties are provided on honeywish to enable the user to enter into a contract regarding a travel with the respective responsible third party. The binding travel booking request or unbinding travel query of the user will not be processed by the Service Provider but only by the responsible third party. Regarding the individual travels and their processing and execution, the terms and conditions of the respectively responsible third party are expressly referred to. These terms and conditions can be centrally accessed on honeywish. The Service Provider has no influence on these terms and conditions of third parties.
4. In the scope of presentation of the travels of third parties and for forwarding the binding travel booking request or unbinding travel query of the user to the relevant third party, the Service Provider expressly acts as an agent. The Service Provider is neither the provider nor seller of any presented travel, but only forwards the binding travel booking request or unbinding travel query of the user to the relevant third party without processing it or organising any travels.

§ 3 Booking by the User

1. Any travel booked by the user on honeywish shall be a binding offer for closing a travel contract to the respective relevant tour operator or provider of services as a third party regarding the travel selected by the user – so-called binding travel booking request. The user shall be bound to it, which is forwarded by the Service Provider unchanged directly to the respectively responsible third party for further processing. The contractual obligation of the Service Provider shall be limited only to this activity. The exclusive other contact after placing the binding travel booking request by the user shall be the respective responsible tour operator or provider of the service.
2. When the selected travel is still available after the binding travel booking request of the user, a contract is entered into by the respective responsible tour operator or provider of the service sending a booking confirmation solely between the tour operator or provider of the service and the user. The Service Provider therefore also cannot assume any guarantee that any special wishes the user stated for his binding travel booking request will be complied with by the respective responsible tour operator or provider of the service.
3. For any travels that cannot be booked through honeywish, e.g. special travels that are only customised to the user's wishes by the tour operators or providers of the service, the user may only make an unbinding travel query to the respective responsible tour operator or provider of the service. In this case, the user will be informed by the Service Provider that he only makes an unbinding travel query towards the third party. The unbinding travel query entered by the user shall be forwarded to the respective responsible tour operator or provider of the service by the Service Provider for further processing. The contractual obligation of the Service Provider shall be limited only to this activity. The only further contact after the unbinding travel query is placed by the user shall be the respective responsible tour operator or provider of the service.
4. The user commits to indicating the requested information and other required information in the scope of a binding travel booking request or unbinding travel query completely and truthfully.
5. When a contract is closed between the user and the respective responsible tour operator or provider of the service, the general terms and conditions of the respective tour operator or provider of the service shall be part of this contract. This may include liability, cancellation, rebooking and repayment, payment conditions, provisions on payments becoming due, further limitations, etc. Once more, the general terms and conditions of the respective tour operator or provider of the service are referred to, which the user should read thoroughly before placing his request. Where anything is not clear, the user shall put his questions only directly to the respective tour operator or provider of the service.
6. The provisions and rules named in these General Terms and Conditions shall therefore only apply to the activities of the Service Providers as named and have no influence on the rules and conditions under which the travels are booked or performed by the respective tour operator or provider of the service.

§ 4 Services of the Service Providers

By filling in the indicated information fields on the booking form according to the above § 3 number 1 and sending the binding travel booking request by the user or filling in the provided information fields for an unbinding travel query according to the above § 3 number 3 and submitting it, the user charges the Service Provider only with forwarding his binding travel booking request of unbinding travel query to the respective responsible tour operator or provider of the service for further processing. The Service Provider shall expressly not be charged with procuring any service connected to performance of the travel unless a written agreement was made to the contrary.

§ 5 Services of the Tour Operators, Providers of Services

1. Any information and activities after forwarding of the respective binding travel booking request or unbinding travel query by the Service Provider to the respective responsible tour operator or provider of services shall be provided or performed by the respective tour operator or provider of services personally afterwards and are owed by him to the user. This shall apply, e.g. regarding general additional information on the travel, answering all questions of the user regarding the travel or connected questions, information on changes, deviations or additions of travel contents from or to the travel offer or conditions that impair the travel, information on the possibility of taking out travel cancellation insurance, information on regulations on entering or travelling through a country, granting and sending travel confirmations and other documents regarding the travel, invoicing and accepting the travel price, sending travel documents, cancellations, etc. the same shall apply for the performance of the actual travel booked.
2. Regarding the above examples and provision of the actual travel, the user shall only contact the respective tour operator or provider of services, since these are exclusively responsible for this.

§ 6 Limitation of Liability

1. Regarding any and all indications and information on the individual travels of the respective tour operator or provider of services, the Service Provider depends on the indications and information of the respective tour operator or provider of services, which he is provided by them. The Service Provider is not able to verify these indications and information. The Service Provider can therefore not assume any guarantees or representations towards the user about whether or not these indications and information are correct, complete and up to date. The same applies to any other indications and information on travels that are available on honeywish and provided by any third parties.
2. The Service Provider himself does not process any binding travel booking requests or unbinding travel queries of the user, and he also does not provide the booked travel. Insofar, the Service Provider is not liable for any information or notifications the responsible tour operator or provider of services submits to the user before or after entering the contract on the travel, or for the availability of the travel at the time of the binding travel booking request or unbinding travel query, or for rendering the actual travel booked. The Service Provider does not assume any guarantee or warranty for any offered, book travels or their delivery. Warranty claims the user has regarding any possible defects of the travel booked shall only be directly towards the responsible tour operator or provider of services.
3. Additionally to part A, § 13 of these General Terms and Conditions, liability in case of simple negligence shall be limited to three times the value of the booked travel where the Service Provider would be considered a travel agent due to his service.

§ 7 Notes regarding Passport, Visa, Currency or Health Provisions

1. Regarding any notes given by the Service Providers regarding passport, visa, currency or health provisions of the destination of the user's travel, it is assumed that the user is a German citizen. Where this is not the case, the user should get this information from the embassy or consulate responsible for him. Since the Service Provider requires information from third parties (tour operator, provider of services, travel agency or authorities) and the relevant provisions can be changed at any time, the Service Provider provides no warranty or guarantee that any information is correct, complete or up to date. Insofar, liability of the Service Operator is excluded.

§ 8 Miscellaneous

The user is expressly informed that the travels offered on honeywish are partially fed in from international travel booking systems or that these are directly linked to. Such travels sometimes include provisions in the English language that also affect the type and scope of the travel services offered. The user hereby acknowledges that such information in the English language shall also effectively bind him in the relationship to the respective tour operator or provider of services.

§ 9 Privacy

In addition to part A, § 10 of these General Terms and Conditions, it is expressly stated that any data indicated by the customer on honeywish for the purpose of binding travel booking requests or unbinding travel queries is forwarded to the respective responsible tour operator or provider of services Service Provider for the purpose desired by the user.

Date: March 13th 2011