Terms for advertising space

1. Provider and scope

Advertising space is provided by elbcloud Tech Solutions GmbH, Jarrestraße 44, 22303 Hamburg, Germany (“we” or “provider”). Full provider details are in the imprint.

These terms apply to all bookings of advertising space on the ShineLists platform. They supplement our General Terms and Conditions; in the event of conflict, these terms prevail for advertising bookings.

The offer is aimed exclusively at businesses within the meaning of § 14 German Civil Code. As a gesture of goodwill, we grant the right of withdrawal set out in section 6 to all booking parties.

We object to any differing terms of the advertiser unless we have expressly agreed to them in text form.

2. Subject matter

The subject matter is the display of an advertisement in the designated space at the bottom of the platform's pages. The advertisement consists of a headline, optionally a short text, optionally an image, and a link to a target address named by the advertiser.

The space can be booked for a single city page, for a product category or for all pages. A category booking appears on the pages of the products in that category. If “all pages” is booked, the advertisement appears on every page where the space is provided. Where several bookings match the same page, the more specific one takes precedence.

The dashboard, the sign-in and registration pages, the legal texts (imprint, privacy policy, terms) and the public profile pages of users are excluded. No advertising is shown on those pages. Booking the page of an individual product or an individual place is not possible.

Advertisements are labelled as advertising. This labelling is required by law and cannot be switched off.

3. Conclusion of contract

The presentation of advertising space on the platform is not a binding offer but an invitation to book.

By submitting the booking form you make a binding offer to conclude an advertising contract. By submitting it you also confirm that you are making the booking as a business within the meaning of § 14 German Civil Code, that is, in the exercise of your commercial or independent professional activity. We first confirm receipt automatically; this acknowledgement is not yet an acceptance.

The contract is concluded when we expressly confirm the booking or activate the advertisement. We review every booking manually and are not obliged to accept a booking.

4. Prices and payment

Prices depend on the space booked and apply per month: one city page €9.99, one product category €19.99, all pages €39.96. All prices are final prices and include statutory VAT.

The total is the monthly price multiplied by the booked term and is shown in the booking form before you submit it.

Payment is made via PayPal to buchhaltung@elbcloud.de. Please state the reference shown to you after booking (format: SL-XXXX) — without it we cannot match your payment to your booking.

Activation follows once payment has been received and the review has been completed successfully. We issue an invoice in text form after activation.

If payment is not received within 14 days of our acceptance of your booking, we may withdraw from the booking; the booking then lapses without replacement, and we will refund any payment that still arrives afterwards. We point out this deadline in our declaration of acceptance.

5. Term and start

The booked term begins when the advertisement is activated, not when it is booked or paid for. Waiting time caused by our review is therefore not at your expense.

The term ends automatically when the booked period expires. No subscription and no automatic renewal arises; no cancellation is required.

6. Right of withdrawal (granted voluntarily)

There is no statutory right of withdrawal for contracts between businesses. Irrespective of that, we grant you the following contractual right of withdrawal — it applies to all booking parties alike.

We refund amounts already paid within 14 days of receiving your notice, using the same means of payment you used. If, at your express request, the advertisement was already run before the period expired, we retain the pro-rata amount for the time it ran, calculated to the day, and refund the remainder.

If, in an individual case, you nevertheless book as a consumer (§ 13 German Civil Code), your statutory right of withdrawal (§§ 312g, 355 German Civil Code) remains unaffected by this voluntarily granted contractual right of withdrawal; it applies alongside that right and is neither restricted nor shortened by these terms. In that case the following applies: you may revoke your contractual declaration within 14 days of conclusion of the contract without giving reasons, in text form (e.g. email to buchhaltung@elbcloud.de); sending the notice in good time is sufficient to meet the deadline. Before the withdrawal period expires, we will only run your advertisement if you expressly request the earlier start (e.g. by email to buchhaltung@elbcloud.de); if you withdraw afterwards, you owe the pro-rata amount for the time the advertisement ran up to the withdrawal. Your statutory right of withdrawal expires once we have performed the service in full, after you have expressly consented to this and confirmed your knowledge that the right of withdrawal lapses as a result.

Independently of this, you may have your advertisement ended early at any time. In that case we do not refund the pro-rata amount for the remaining term; ending it takes effect for the future only.

7. Advertising content, rights and indemnity

You supply the content of your advertisement — headline, text, image and target address. You warrant that you hold all necessary rights and that the content does not infringe applicable law or third-party rights.

In particular, advertisements are not permitted if they

• are misleading or breach competition law;
• infringe third-party rights, in particular copyright, trade mark or personality rights;
• are insulting, discriminatory, inciting or harmful to minors;
• advertise products or services whose promotion is legally restricted or prohibited (e.g. prescription medicines, tobacco products, unlicensed gambling);
• present themselves as editorial content or as a user's recommendation.

You grant us the non-exclusive right, unlimited in territory and limited to the booked term, to use the supplied content as required to display the advertisement.

You indemnify us against third-party claims asserted against us because of the advertising content you supplied, including reasonable costs of legal defence. This does not apply where you are not responsible for the infringement. We will inform you without undue delay of any claim asserted, give you the opportunity to comment and — insofar as this is possible and reasonable for us — will neither acknowledge the claim nor enter into a settlement without your consent.

8. Rejection and suspension

We may reject bookings and suspend running advertisements if their content breaches section 7, breaches our General Terms and Conditions, or is incompatible with the character of the platform as a recommendation platform. We will inform you of any suspension and state the reason.

If a suspension is not your responsibility, we refund the amount attributable to the remaining term. If we suspend because of a breach under section 7 for which you are responsible, we may retain the amount attributable to the remaining term as lump-sum compensation for our review and handling effort and our damage. You remain free to prove that we suffered no damage or substantially less damage; in that case we refund the excess amount. Further statutory claims remain unaffected.

9. Availability

We endeavour to keep the platform available as continuously as possible but do not owe uninterrupted availability. Brief interruptions, for example due to maintenance, faults or events beyond our control, do not give rise to a refund.

If the advertisement is unavailable for more than 48 hours — whether continuously or in total over the term — the term is extended at your request by the entire downtime; alternatively, you may demand a refund of the amount attributable to the downtime, calculated to the day. Your statutory rights otherwise remain unaffected.

10. Liability

We are liable without limitation for intent and gross negligence, for fraudulent concealment of a defect, within the scope of a guarantee expressly assumed by us, for injury to life, body or health, and under the German Product Liability Act.

In cases of simple negligence we are liable only for breach of a material contractual obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely. In such cases liability is limited to the foreseeable damage typical for this type of contract.

Any further liability is excluded. Mandatory statutory claims remain unaffected, in particular under Art. 82 GDPR.

11. Data protection

We process the data you provide in the booking form in order to perform the contract (Art. 6(1)(b) GDPR) and to comply with retention obligations under commercial and tax law (Art. 6(1)(c) GDPR). Details are set out in our privacy policy.

12. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only insofar as it does not restrict mandatory consumer protection provisions of the state in which the consumer has their habitual residence. If the advertiser is a merchant, a legal entity under public law or a special fund under public law, Hamburg is the exclusive place of jurisdiction.

Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

We make these terms available in several languages. The German version is legally authoritative; translations are provided for your information only. The language of the contract is German.