General Terms and Conditions
§1 General Terms and Conditions: Scope of Validity
The following General Terms and Conditions, as amended from time to time, regulate the contractual relationship between the inzumi GmbH and buyers of products of the inzumi GmbH. They apply to deliveries within the EU.
Furthermore, the use of the inzumi website – no matter which URL – is subject to the following regulations.
By using this website, you understand and agree to these Terms and Conditions.
The operator of inzumi.com, inzumi.de, inzumi.at, inzumi.co.uk, inzumi.fr, inzumi.es, inzumi.ch and inzumi.eu as well as other subdomains is inzumi GmbH (hereinafter referred to as “inzumi”).
inzumi reserves the right to change these Terms and Conditions without prior notice. You are expected to read these Terms and Conditions each time you visit the website and your use of this website constitutes an acceptance to be bound by any modifications.
These Terms and Conditions are hereinafter referred to as “agreement”.
By using the check box, which you have to activate when registering for a service of inzumi that requires registration, you agree to the Terms and Conditions described below.
If you do not wish to accept these Terms and Conditions, you should immediately stop using this website and its services. A breach of the Terms and Conditions entails the exclusion from the use of this website and its services.
top§ 2 Description of the Service
The term „service“ refers to all internet web pages, data, analyses, screens, reports, documentation, spreadsheets, photographs, maps and any other kind of information that can be accessed through the websites of inzumi. These sites are located on different URLs, which belong to and are operated by inzumi – including all updates, enhancements and modifications thereto.
“Service” also refers to any kind of correspondence, email, or data sent by inzumi personnel or agents.
As a user of this website, you are aware of and agree that the services may contain advertisements or links to third-party websites.
As a user of this website, you are also aware of and agree that the services may include certain kinds of notifications, e.g. announcements and administrative messages, possibly including attachments.
As a user of this website, you agree that inzumi does not assume any responsibility for sending any kind of user communication or personalization settings punctually, deleting it, sending it erroneously or not saving it. You are responsible for obtaining access to the services and are aware that third parties may charge you for using a service (e.g. costs for internet service providers and data communication). You as a user have to bear these costs. Additionally, you have to make sure that the technical equipment necessary to access the service is available to you and that you are responsible for them.
inzumi has the right to change or terminate its services, for whatever reasons, from time to time without prior notice. In this case, inzumi will not be liable for any damage caused to users or third parties.
top§ 3 Membership
Some of the services offered by inzumi require a free membership. Registration for those services is restricted to natural persons, who either have unlimited legal capacity or act with the consent of their legal guardian. inzumi reserves the right to request a confirmation of the legal guardian’s consent at any time. There is no claim for registration for these services. Membership in the service is void where prohibited.
By using the website and/or the services, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
Registration is limited to one registration per user.
By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the inzumi registration form (the “registration information”) and (b) maintain and update the registration information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete or inzumi has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, including incorrect information about your age, inzumi has the right to suspend or terminate your access without notice and refuse you any and all use of the relevant site(s).
Your membership is solely for your personal use, and you agree not to authorize others to use your membership account.
You are solely responsible for all content published or displayed through your membership account.
inzumi reserves the right to refuse or revoke membership to anyone at any time for any reason.
This agreement shall remain in full force and effect while you use the website, the service, and/or are a member. You may terminate your membership at any time, for any reason, by sending an e-mail to support@inzumi.com with the subject “Deactivate my account” or delete or deactivate your account yourself in your user profile.
You agree that termination of your membership or restriction on access to the services, including but not limited to the discontinuance of providing the services, may be effected without prior notice, and acknowledge and agree that upon termination of your membership or restriction on access to the service, inzumi may immediately deactivate your membership, and bar any further access by you to such files and/or services. inzumi is not obliged to preserve, keep, or maintain back-up copies of any material submitted or posted on the website and/or through the services. You agree that inzumi shall not be liable to you or any third party for termination of your membership, denial of access to the service, discontinuance of providing the service, or deletion of your content, information, and files.
top§ 4 Passwords and Security
Access to certain inzumi services requires you to choose a user name and a password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree to notify inzumi immediately of any unauthorized use of your password or account or any other breach of security. inzumi cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
top§ 5 Types of Use/Internationality
The inzumi website services are – if not agreed otherwise - meant for personal use of the individual member only and may not be used in connection with any commercial activities or endeavors.
The following include illegal and/or unauthorized uses of the website:
- - Collection of user names and/or email addresses of members by electronic or other means
- - sending unsolicited emails
- - unauthorized framing of or linking to the website
Such breaches of the security guidelines will be investigated thoroughly, and the appropriate legal action will be taken.
inzumi occasionally receives requests from people to remove search results from its indices. inzumi reserves the right to address such requests individually.
Given the enormous volume of website information, which can be added, deleted, and changed on a frequent basis, inzumi cannot and will not screen anything made available through its indices.
For more information, please refer to the inzumi Privacy Policy.
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the European Union (EU) or the country in which you reside.
top§ 6 User-Generated Content on the Website of inzum
Certain areas of the inzumi website allow users to post, add, or upload information, data, text, photographs, graphics, messages and/or other content ("postings"). You acknowledge and agree that postings and any and all liability arising from postings are the sole responsibility of the user who posted the content ("poster"), and not of inzumi. inzumi does not control the postings and does not guarantee the accuracy, integrity or quality of any postings.
a) You understand that by using the inzumi services, you may be exposed to postings that are offensive, indecent or objectionable. To the extent permitted by the law, inzumi will not be liable in any way for any postings, including, but not limited to, any errors, omissions or misrepresentations in any postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any postings.
b) You understand and agree that inzumi may review, modify, or delete, without notice, any data, text, software, music, sound, message, photograph, graphic, image, video, profile, forum post, journal, review, information, comment, work of authorship, or other material or expression (collectively, "content"), whether posted publicly or posted privately to other members, that in the sole judgment of inzumi violates this agreement or which might be offensive, indecent, or illegal, or which might harm, violate the rights, or threaten the safety of any person. inzumi is the final arbiter of what is and what is not allowed on its website.
c) You are solely responsible for the content that you publish, transmit, upload, communicate, or display (collectively, "post") on the website and/or through the services, whether posted publicly or posted privately to other members. You understand that inzumi has no obligation to monitor the website, or monitor, control or edit the content thereon, or monitor any use of the service by members, or remove inappropriate content. inzumi is not responsible in any way for the content posted by members on any area of the website, including but not limited to profiles, reviews, trip journals, albums, videos, and messages, or otherwise posted through the services. By posting content on the website and/or through the services, you agree to bear all risks associated with the accuracy and completeness of such content.
d) By submitting material and content to inzumi, you are granting inzumi a non-exclusive, royalty-free, non-terminable license right to use, copy, modify, show in public and create derivative works from that material in any form, anywhere and offer it to third parties, even after your membership has been terminated for whatever reasons. You will not be paid for granting inzumi these rights. You further agree to permit anyone to access, display, view, store and reproduce such content for personal use with the help of the services provided by inzumi.
e) You represent and warrant that (1) you exclusively and irrevocably own the content posted by you on the website and/or through the services or otherwise have the right to grant the license set forth in this section, and (2) that any content posted by you on the website and/or through the service does not violate or infringe the privacy rights, publicity rights, copyrights, trademarks, trade secrets, patents, moral rights or other intellectual property, contract, or proprietary rights of any person or entity. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of any content that you post on the website and/or through the service. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement or you feel that any other personal rights are violated on the website, please contact the copyright agent of inzumi (support@inzumi.de, subject: Copyright), include the URL and a short description of the content in question, and we shall handle your claim immediately.
f) You may only use the website and/or the services for legitimate purposes, for which the website and/or the services is/are available. You must use the website and/or the services in a manner consistent with any and all applicable laws and regulations. In addition, inzumi prohibits activities that may harm the website, the services, members, or other persons or property. inzumi reserves the right to investigate and take appropriate legal action against anyone who, in inzumi’s sole discretion, makes illegal or unauthorized use of the website and/or the service. Prohibited activity includes but is not limited to behavior that:
- (1) is patently offensive to the online community, including but not limited to content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or cruelty to animals
- (2) is vulgar, profane, abusive or indecent
- (3) contains nudity, violence, offensive subject matter or involves pornographic or sexually explicit material of any kind, including but not limited to sexually suggestive imagery or language
- (4) exploits people in a sexual or violent manner
- (5) threatens, harasses, or advocates harassment of another person
- (6) invades another person’s privacy
- (7) violates or infringes the rights of others, including but not limited to content that is protected by contract, rights of publicity, or intellectual property laws, such as copyright, trademark, trade secret, and patent laws, without first obtaining permission from the owner or rights holder
- (8) involves the transmission of junk mail, chain letters, unsolicited mass mailing, “spamming” or “phishing”
- (9) is false, misleading, disparaging, or defamatory, or promotes illegal activities or conduct that is abusive, threatening, obscene, disparaging, or defamatory
- (10) promotes illegal or unauthorized copying of another person’s or entity’s copyrighted work, including but not limited to providing pirated computer programs or links thereto, providing information to circumvent manufacture-installed copy-protect devices or digital rights management software, or providing pirated music or videos or links thereto
- (11) exploits people under the age of eighteen (18) in a sexual, violent, or otherwise objectionable manner, or solicits personal information from anyone under the age of eighteen (18)
- (12) provides instructional information about illegal activities, e.g. providing or creating computer viruses
- (13) solicits passwords or personally identifying information from other members for commercial or unlawful purposes
- (14) involves commercial activities, including but not limited to sales, contests, raffles, sweepstakes, barter, advertising, and pyramid schemes, without the prior written consent of the inzumi management
- (15) violates any applicable local and international law or regulation.
g) You may restrict access to certain content created by yourself to other inzumi members by changing your account settings or choosing the privacy options on the website. However, any unrestricted content is accessible to the general public. You understand that, although inzumi makes reasonable efforts to maintain the security of any content that you elect to restrict to other members, the internet is never 100% secure and any content you post, whether restricted or not, is vulnerable to being accessed by unintended persons. Therefore, you agree to exercise caution not to post content on the website and/or through services that is of so personal or sensitive nature that, if accessed by unintended persons, would cause you harm, loss or damage.
h) inzumi reserves the right to disclose any content posted on the website and/or through the services as necessary to satisfy any applicable law, regulation, legal process or governmental request.
i) inzumi uses content of other service providers and websites by using automated interfaces.
top§ 7 Concession of Rights
The following concession of rights refers to the use of texts, photos, videos and other content in all services of inzumi, may they be free of charge or not.
The author’s copyright and ancillary copyright of the posts and uploaded contents, including but not limited to texts, photos and videos (collectively, “content”) remain unaffected. However, you give inzumi the non-exclusive right, unlimited by either time or region, to use all content in any way, especially the right to duplicate, prepare, provide public access to and to make your reviews available on request (online-, access-, and transmission rights) and to archive them and save them in databases, including the use in other portals, data media and electronic devices of inzumi as well as its customers and partners, search engines and other electronic and print media.
Moreover, while maintaining the author's moral right and your personal rights, inzumi is authorized to modify, shorten, complete, share, translate into other languages or edit the content in another way in order to adapt it to the format required for the use of the services and/or to improve its quality.
If possible, inzumi shall also be granted the right to make use of still unknown digital and non-digital types of use.
Furthermore, inzumi is entitled to transfer the rights mentioned above and to issue licenses to third parties.
You understand and agree not to make use of your right according to § 13 Cl. 2 of the German Copyright Act (naming of the copyright holder). However, without being obliged by law, inzumi will try to name the copyright holder where technically possible and appropriate.
The content may also be used by inzumi on other portals, search engines and all media that may help to promote inzumi’s website and products.
inzumi has the right to use the entire content or only parts of it in the way outlined above.
top§ 8 Conclusion of Contract, Payment
Different services of inzumi allow the use of an application for customizing and consequently ordering a product (the offer) for a fee.
This offer of the inzumi GmbH represents only a non-binding request for users to place an order.
After placing an order and thus making an offer to conclude a contract and after having completed the payment process on the inzumi website, customers receive an order confirmation and an invoice, sent to the address indicated by themselves. The latter is proof of the acceptance of the contract by the inzumi GmbH.
Payment takes place via credit card or via the payment function GIROPAY of the service provider Wirecard Technologies AG, and the amount is transferred to the account of the inzumi GmbH. VISA and MASTERCARD credit cards are being accepted.
Moreover, inzumi GmbH is prepared to accept credits on its PayPal account (§364 II BGB) (Provider: PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Etage, 22-24 Boulevard Royal, L-2449, Luxemburg). The contractual relationships between PayPal and its customers are exclusively subject to the terms of use of PayPal.
top§ 9 Delivery
The product will be delivered to the address electronically transmitted by the customer. Standard shipping generally takes place within 3 to 5 working days after ordering.
Delivery expressly takes place after payment of the total amount using one of the methods named in § 8.
top§ 10 inzumi’s Right of Withdrawal
If one of the following facts apply after concluding the contract, inzumi GmbH is entitled to immediately retire from the contract:
- 1. Negative booking operation of the purchase price by the customer before the product is delivered
- 2. Non-availability of partial performances on the part of inzumi’s suppliers (printing office, postal service)
- 3. Failure of technical systems necessary to produce the goods.
This does not apply to non-accidental non-delivery caused by the inzumi GmbH.
The inzumi GmbH is obliged to inform customers, if possible immediately, about the non-availability of the service. Exchanged performances, especially already paid product prices, will be repaid as soon as possible.
top§ 11 Liability for Defects
In case the object of purchase should be defective, the legal regulations apply. inzumi GmbH cannot and will not be liable for any further damage that may arise from a defective delivery.
The liability for damages for injuries to life, body or health that result from damages caused by gross negligence of the inzumi GmbH or of its representatives and auxiliary persons remains unaffected by the regulations at hand in every case.
Moreover, the liability for any other damages caused by gross negligence or deliberately by the inzumi GmbH or one of its representatives or auxiliary persons remains unaffected.
top§ 12 Reservation of Proprietary Rights
Until complete payment of all invoices the products shall remain the property of the inzumi GmbH.
top§ 13 Set-off
The customer shall only have the right to claim a set-off if his or her counter-claims have been legally established or accepted by the inzumi GmbH.
top§ 14 Cancellation Policy und Right of Revocation
(1)Cancellation Policy:
Right of revocation
As a customer of inzumi you may revoke your declaration to conclude a sales contract within a period of two weeks in textual form (e.g. by letter, e-mail, facsimile) without stating a reason or – if the products have already been delivered - by returning the goods.
The period shall commence upon receiving this notification, however, not prior to the delivery of the goods to the consignee, nor before the fulfillment of our duties to furnish information pursuant to § 312 c Para. 2 German Civil Code (BGB) in conjunction with § 1 Paras. 1, 2 and 4 of the Information Duties set out therein (BGB-InfoV) as well as our duties pursuant to § 312 e Para. 1 Cl. 1 BGB in conjunction with § 3 BGB-InfoV. The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be addressed to:
inzumi GmbH
Waidmannstr. 47-45
60596 Frankfurt
Email: info@inzumi.com
Consequences of Revocation
In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued shall be released. Should you be partially or wholly unable to return the goods received from us – or only to do so in a deteriorated condition – you shall to this extent provide an according compensation. This does not apply if such deterioration is entirely attributable to their inspection – as it would have been possible for you in, for instance, a retail outlet. The duty to provide compensation can also be avoided by not making proprietary use of the goods and refraining from any action which may impair their value. Items suitable for delivery by parcel are to be returned at our risk. You shall bear the return delivery costs of return deliveries from shipments the total order value of which do not exceed 40 EUR, provided that the delivered goods correspond with the ordered goods or, in case of a higher value, if you have provided the payment or a partial payment in accordance with the closed contract at the time of the cancellation. In all other cases return delivery is free of charge for you. Goods not suitable for parcel-post shipment shall be collected from you following receipt of the revocation. Requests for re-compensation for payments must be met within 30 days after sending the declaration of withdrawal or after returning the goods. The deadline shall commence for you on the date you sent the notice of withdrawal and for us, following its receipt.
End of Cancellation Policy
The products of inzumi are customized products. It shall be stated expressly that despite the existence of a distance contract there is no right of revocation within two weeks if an individualized travel guide is ordered on the website. This is not possible with customized goods according to §312d IV Nr. 1 BGB.
top§ 15 Disclaimer of Warranties
(1) You understand and agree that the website and the services are provided on an “as is” and an “as available” basis. inzumi expressly disclaims any warranty of any kind, whether express or implied, including but not limited to warranties of merchantability or of fitness for a particular purpose. inzumi cannot guarantee and does not promise any specific results from the use of the website and/or services. inzumi makes no guarantee that the website and/or the services will be timely, secure, or error-free. The website and/or the services may be temporarily or indefinitely unavailable for maintenance or other reasons. inzumi makes no guarantee of availability of the website and/or the services and reserves the right to modify, withdraw, suspend or discontinue providing any or all functions or features of the website and/or the services without notice at any time.
(2) The website contains opinions, recommendations, statements, and information provided by third parties, including but not limited to content posted by other members. inzumi does not represent, endorse, verify, or guarantee the truthfulness, accuracy, completeness, integrity, quality, or reliability of any such content posted by such third parties, and the opinions and views expressed by such third parties do not necessarily represent those of inzumi. inzumi is not responsible for any incorrect or inaccurate content posted on the website and/or through the services, whether caused by inzumi, any visitor of the website (a “visitor”), any member, or by any of the equipment or programming associated with or utilized in connection with the website and/or the service. You understand and agree that you use content or other information obtained from the website and/or through the service at your own discretion and risk.
(3) Under no circumstances will inzumi be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone’s use of the website and/or the services, any content posted on the website and/or through the services, or any interaction between members or visitors, whether online or offline. inzumi is not responsible for the conduct of any member or visitor, whether online or offline.
(4) inzumi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, visitor or member communication. inzumi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the internet, the website, a third party’s website, or a combination thereof, including but not limited to injury or damage to a visitor’s or a member’s or any other person's computer equipment related to or resulting from participating in or downloading materials in connection with the internet, the website, the service, or a third party’s website.
(5) The website and/or the services may contain advertisement of and links to external websites operated by parties other than inzumi. Such advertisements and links are provided for your reference only. inzumi does not control such websites and is not responsible for their content. You agree that inzumi will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with your use of or reliance upon such content, advertising, products, services or other resources made available by such advertisements or websites. Your business dealings with, or participation in promotions of, advertisers found on the website and/or through the services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers.
(6) You understand and agree that inzumi is not responsible for and assumes no liability for the access of users to any photographs, videos, albums, journals, reviews, email messages, comments, profiles, or other content posted by users on the website and/or through the services.
top§ 16 Limitation on Liability
IN NO EVENT SHALL INZUMI BE LIABLE TO ITS USERS OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, ARISING FROM THE USE OF THE WEBSITE AND/OR THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INZUMI IS NOT LIABILE TO ITS USERS OR THIRD PARTIES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, INCLUDING BUT NOT LIMITED TO: (I) INABILITY OF THE USER TO USE THE WEBSITE AND/OR THE SERVICE OR ACCESS CONTENT THEREON; (II) REMOVAL OF, ALTERATION OF, DELETION OF, UNAUTHORIZED ACCESS TO, OR THEFT OF YOUR EMAIL MESSAGES, CONTENT, OR OTHER INFORMATION; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY POSTED OR OTHERWISE EXPRESSED ON THE WEBSITE AND/OR THROUGH THE SERVICES; (IV) ACCESS DELAYS TO, INTERRUPTIONS TO, SUSPENSION OF, OR TERMINATION OF THE WEBSITE AND/OR THE SERVICES; (V) NON-DELIVERY, MISDELIVERY, OR CORRUPTION OF E-MAIL MESSAGES OR CONTENT; (VI) PERSONAL INJURY; OR (VII) PROPERTY DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INZUMI’S LIABILTY TO YOU, IF ANY, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO INZUMI FOR THE SERVICE DURING THE TERM OF HIS/HER MEMBERSHIP.
top§ 17 Indemnity
You agree to indemnify and hold inzumi harmless from any loss, liability, claim or demand, including reasonable attorney’s fees and costs, relating to or arising out of your use of the website and/or the services in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth herein, including but not limited to your posting of content or other material that infringes any copyright, trademark, trade secret, patent or other intellectual property rights of any person or entity, or which defames any person, violates their rights of privacy or publicity.
top§ 18 Trademarks
„inzumi“ and the inzumi logo are registered trademarks. All other trademarks, service marks and/or and trade names used on this website are the property of their respective owners.
The website and the services of inzumi contain copyrighted material (including but not limited to graphic designs, source code, member-created content, and compilations of individual data), trademarks, and other proprietary information of inzumi (collectively, “proprietary information”). Except for that information which is in the public domain or licensed by you to inzumi as set forth below and for which you have legal authority to license or for which you have been given written permission by the management of inzumi, you may not copy, modify, publish, transmit, distribute, publicly perform, display, reverse engineer, create derivate works of, sell, or otherwise exploit any proprietary information. In addition, you may not attempt to discover any source code used in connection with the website and/or the services.
By agreeing to these terms, inzumi grants you a limited, non-transferable, revocable, and non-exclusive license to reproduce and display the interface of the website and/or services and content posted thereon (excluding any source code), solely for your personal use in connection with viewing the website and using the services.
Please contact us at support@inzumi.com if you have any questions regarding this agreement.
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