Legal
Preambel
By submitting an inquiry to DAA - "DAA" refers to the contractual service and/or DAA GmbH - or by using the forum or the question function, the inquirer, hereinafter also referred to as "user", "consumer" or "inquirer" - all terms used apply to both female and male users regardless of the language form - accepts the following GTC.
These GTC govern the relationship between the user and the DAA, regardless of on which of the DAA websites or on which form of the DAA the user makes an inquiry.
1. placing and forwarding the inquiry
1.1 If the user places an inquiry for a product or a service on one of the inquiry forms, a contract is concluded between the DAA and the user concerning only the possible forwarding of up to five offers from third parties as suppliers to the user.
The submission of the inquiry is free of charge and non-binding for the user. Any commissions for forwarding the request are borne exclusively by the providers.
1.2 After sending the inquiry, the users will be contacted by the DAA by phone and / or e-mail to specify the inquiry with the purpose of finding suitable specialized companies from the DAA network.
1.3 If the users have given the DAA their express consent for this, the DAA will also forward the users' data to partners for the distribution of customer contacts after receiving the consent.
1.4 If users have expressed their interest to the DAA in receiving advice on subsidized loans and grants, the DAA will also forward data to credit institutions or loan brokers for this purpose.
1.5 If a user provides his or her e-mail address when making an inquiry, the DAA may keep the user informed about the current status of his or her inquiry. The DAA sends the user a message with the contact details of suitable specialist companies from your region and, following the user's project, an opportunity to rate these specialist companies.
1.6 It is not necessary for the user to enter his e-mail address to use the inquiry function. If he fails to do so, he will not receive any notifications according to the regulation in 1.5.
1.7 After the interested party's inquiry has been forwarded by the DAA, the providers will contact the interested party by telephone or e-mail and, if necessary, submit offers that match the inquiry. Before the interested party receives an offer, the provider can request further information, ask for an on-site appointment or prepare the submission of the offer through other activities. In this way, the DAA wants to ensure that the interested party only receives offers that correspond to his budget and are individually tailored to his needs.
1.8 After the interested party has received the offers, he decides himself whether and from which provider he accepts an offer. The DAA is neither involved as a contractual partner nor does it act as a representative or vicarious agent of the contracting parties. The providers, for their part, are not vicarious agents and/or assistants of the DAA.
1.9 The collection, processing, transfer and storage of the user's data to providers is carried out in accordance with the provisions of German data protection law and the EU General Data Protection Regulation. The data protection declaration can be found at https://www.daa.net/datenschutz
1.10 The DAA may grant the user the option to add images or files to the request. The terms of use from §5 of these terms of use apply for this.
2. Ratings
The DAA can grant the user the possibility to rate a specialized company, dealer or manufacturer.
By submitting a user review, the user grants the DAA the right, unrestricted in time and place, to further use the customer review in any permissible manner, in particular all exploitation rights under the Copyright and Related Rights Act for any purpose, online or offline. DAA further reserves the right not to display a review on the website or to display it only for a limited period of time, as well as to shorten or change it. Reviews exclusively reflect the opinion of the reviewer. The contents do not necessarily agree with the opinion of the DAA.
The contact details provided in the review are required by the DAA to verify the authenticity of a review and are only used for this purpose.
The following rules apply to reviews:
a) Reviews must relate to the provider and correspond to reality.
b) Negative reviews are permitted, but must be factual and expressed without strong language, obscenities or swear words.
c) Fascist, racist, anti-Semitic, xenophobic or similar politically radical statements will not be published.
d) Reviews for the purpose of self-promotion are not permitted.
The DAA reserves the right to review and delete reviews submitted by users on the portal. The DAA is entitled to remove ratings if there is a suspicion that legal provisions or the rating regulations have been violated.
3. question function or forum
3.1 By using the question function on Haus.co, the user grants DAA GmbH (DAA) permission to forward the user's question to selected experts (this does not involve the transfer of personal data, only the question). In addition, the user grants the DAA permission to send him/her answers to his/her question by e-mail to the address provided.
3.2 The DAA reserves the right to edit, check, delete and publish questions and answers. The DAA is entitled to remove questions if there is a suspicion that legal provisions or regulations are being violated.
3.3 The platforms (Haus.co & the Heizungsfinder Forum) are communication forums of the DAA and do not replace expert advice. The purpose of the forums is the exchange of experiences, opinions and information in the areas of renovation, energy and housing. Other participants are to be treated with respect, decency and courtesy.
3.4 The DAA expressly points out that answers in the free reader forum can only be general information on general questions, which can in no way replace professional advice from a person in the field. This also applies to any contributions made by experts in the forum.
3.5 The DAA accepts no liability whatsoever for forum contributions and expressly distances itself from the content of contributions made by users in the forums. The users are solely responsible for any legal consequences of the contributions (e.g. due to insult, copyright infringement, data protection regulations, etc.). In case of positive knowledge of illegal content in a forum post, this post will be deleted or edited immediately by DAA GmbH.
4. image upload in inquiry, question or forum post
4.1 The DAA may grant the user the possibility to add images or files to his question, inquiry or post.
4.2 The DAA has the right to publish the uploaded images or files together with the user's question or post on the DAA platforms.
4.3 The image upload function within the scope of an inquiry serves to provide image material to concretize the corresponding inquiry. This is an additional, voluntary information.
4.4 The following rules apply to the image upload:
a) By transferring an image to the DAA server, the user guarantees that he/she has the right to make these images available for use.
b) Transferred images and their use must not constitute an infringement of copyrights or other rights of third parties.
c) The user transfers to the DAA a right to use this content.
d) The transferred material must not contain any personal data.
e) The transmitted material must not contain any illegal, pornographic, advertising, youth or child endangering, violence glorifying or discriminating content.
f) DAA reserves the right not to use pictures provided without giving reasons.
5. Warranties & Limitations of Services
5.1 The DAA cannot guarantee that suitable providers can be found for every inquiry of an interested party and that these providers can be induced to submit corresponding offers. The DAA is not responsible for the conclusion of a contract between a potential provider and an interested party, nor for the successful execution of a potential contract between a provider and an interested party. The warranty of DAA is excluded in this respect.
5.2 The DAA is not responsible for breaches of duty that arise in the context of a possible contractual relationship between the prospective customer and the provider. The DAA does not have to accept responsibility for such breaches of duty. It is neither a vicarious agent of a party to such a contract nor is a party to such a contract a vicarious agent of the DAA. The DAA neither acts as an agent of one of the contracting parties nor is one of the contracting parties an agent of the DAA.
6. limitations of liability
6.1 The following exclusions and limitations of liability apply to liability for damages without prejudice to the other statutory conditions for claims.
6.2 The DAA is liable without limitation for breach of duty concerning its contractual relationship with the user, as far as the cause of damage is based on intent or gross negligence of the DAA.
Furthermore, the DAA is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the user regularly relies. In this case, however, the DAA is only liable for the foreseeable, contract-typical damage.
The DAA is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
6.3 The DAA assumes no liability for the images uploaded by the user. The user indemnifies the DAA from all claims asserted against the DAA by other users or third parties in the event of a violation of the terms of use.
6.4 The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after a guarantee has been given for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
6.5 Insofar as the liability of DAA is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
6.6 The objection of contributory negligence remains unaffected.
6.7 Claims for damages by the User shall become statute-barred after two years, unless a shorter period is agreed in this contract and unless the claims are based on injury to life, body and health or freedom and are not based on intent. In all other respects §§ 199ff. BGB APPLY.
7. data protection & resulting rights of the user
7.1 The DAA processes personal data of the users for a specific purpose and in accordance with the legal provisions. More detailed information about the nature, scope and purpose of the processing of personal data within the DAA websites and the resulting rights as a user can be found in our privacy policy at: https://www.daa.net/datenschutz
8. Final Provisions
8.1 The place of performance is the registered office of the DAA.
8.2 The place of jurisdiction vis-à-vis a merchant is, to the extent permitted by law, the registered office of the DAA, currently Am Sandtorkai 73, 20457 Hamburg, Germany.
8.3 German law shall apply to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law.
Status: 01.03.2019
Note: For specialist companies that wish to register on this platform, the following GTC apply.
