AGB - General Terms and Conditions
General Terms and Conditions for the Purchase and Subscription of the family.cards System and Services
- Scope and definitions
a) These General Terms and Conditions apply exclusively to the business relationship between Generation Reach GmbH (hereinafter referred to as “PROVIDER”) and the recipient of the services (hereinafter referred to as “CUSTOMER”, together here also referred to as the “PARTIES”), in particular for contracts for the purchase and subscription of the family.cards system and services (hereinafter referred to as “family.cards”), in particular if and to the extent that the contract is concluded via the website https://family.cards (hereinafter referred to as “WEBSITE”).
b) Contradictory, deviating or supplementary general terms and conditions of the CUSTOMER will not become part of the contract unless the PROVIDER expressly agrees to their validity. These general terms and conditions also apply if the PROVIDER carries out services without reservation despite knowing that the CUSTOMER's conditions are contrary to or deviate from these general terms and conditions.
c) All information provided by the CUSTOMER during the ordering process must be current and truthful. There is no entitlement to the conclusion of a contract.
d) The CUSTOMER must keep his access data, in particular the password he has chosen, secret. The CUSTOMER is obliged to inform the PROVIDER immediately if there are indications that the access data may be used without authorization.
e) The version of the PROVIDER’s General Terms and Conditions valid before the services are used shall be decisive.
f) If the generic masculine form is used in the following provisions, this applies solely for reasons of simplicity, without any value judgment being associated with it. The contract language is German. We do not save the contract text after the contract has been concluded. The customer has access to the latest version of the General Terms and Conditions on the website.
g) The family.cards system is a technical device that can only play individual or standardized content as part of an existing, valid subscription together with a television with an HDMI-CEC connection. family.cards users can also use the family.cards system to connect with reference persons (friends, relatives, carers, etc.) who in turn have the Whatsapp app (hereinafter referred to as “whatsapp”) installed on their smartphones. The family.cards system consists of a set-top box, a webcam, a card reader and the charging unit for the card reader as well as various famly.cards cards. A television with an HDMI-CEC connection, Internet access (WLAN or 4G SIM card) and a power connection are also required to use the family.cards system. - subject matter
a) The PROVIDER offers its CUSTOMERS the family.cards system, hereinafter referred to as SUBSCRIPTION, as a subscription.
b) The CUSTOMER is responsible for establishing an Internet connection to the system via a SIM card and for any costs incurred.
c) The CUSTOMER is responsible for connecting the system via WLAN and the costs incurred thereby.
d) Upon payment of the purchase price and a monthly flat-rate subscription fee, the CUSTOMER will receive the product and the corresponding services.
e) The functionality of the device and the services is subject to the continuation of the subscription and compliance with the technical requirements as per Section 6.
f) The family.cards system is only shipped within Germany. Delivery time is 5 to 7 working days.
g) The minimum contract period for the subscription is 1 month. After that, the rental period is extended by a further month if the contract is not terminated at the end of the month as described under 4.1.
h) The PROVIDER is entitled to use third parties as assistants to fulfill individual or all contractual obligations.
i) The CUSTOMER undertakes to provide the necessary cooperation required to fulfil the main contractual obligations and to fulfil which he has been instructed to do by the PROVIDER. If the CUSTOMER breaches this obligation, the PROVIDER is released from his obligation to perform. - conclusion of the contract
a) The presentation of the goods on the WEBSITE does not constitute a legally binding offer by the PROVIDER to conclude a purchase contract. The CUSTOMER is hereby merely invited to submit an offer by placing an order by registering on the WEBSITE and concluding a paid contract for the purchase or transfer of the rental item.
b) When selecting one or more products, these are placed in a virtual shopping cart, where the selected product(s) can be viewed and the number of products can be changed or the products can be removed. By clicking on the “Checkout” button, the CUSTOMER is asked to enter the information relevant for shipping and to select a payment method. Before completing the order, the CUSTOMER is shown all the information relevant to the order in summary. By clicking on the corresponding “Complete order” button, the ordering process is completed and the order is sent.
c) By submitting the order on the WEBSITE, the CUSTOMER makes a binding offer aimed at concluding a rental agreement for the product(s) contained in the shopping cart. By submitting the order, the CUSTOMER also accepts these terms and conditions as the sole determining factor for the legal relationship with the PROVIDER.
d) The PROVIDER confirms receipt of the CUSTOMER's order by sending a confirmation email. This order confirmation does not yet represent acceptance of the contract offer by the PROVIDER. It merely serves to inform the CUSTOMER that the order has been received by the PROVIDER.
e) The declaration of acceptance of the contract offer is made by an express contract confirmation by e-mail.
f) Contracts concluded via the WEBSITE are concluded exclusively in German.
g) The CUSTOMER can view the General Terms and Conditions on the WEBSITE at any time and print or save them by using the corresponding function of the browser (“Print” or “Save as”). - termination of the contract
a) Termination
i) Ordinary termination: Both parties have the right to terminate the subscription at the end of each month without giving reasons. Termination takes place in writing or via the PROVIDER's website by clicking the corresponding "Cancel" button.
ii) Extraordinary termination: The right to extraordinary termination for good cause remains unaffected. The PROVIDER is particularly entitled to extraordinary termination if
1. the customer is in arrears with two consecutive usage fees and has been reminded or warned in this regard;
2. the CUSTOMER violates the obligations incumbent upon him under 5. - Obligations of the CUSTOMER when handling the device
a) The CUSTOMER undertakes to use the functions provided by the PROVIDER only to the extent contractually agreed.
b) In particular, the CUSTOMER is obliged to use the SIM card provided exclusively for shared use with the family.cards. Any violation may result in legal consequences.
c) The CUSTOMER may not sublet or lease the device and/or the service to third parties for a fee, unless the PROVIDER has expressly approved this in individual cases. The CUSTOMER is liable for any damage caused by passing the device on to third parties.
d) The CUSTOMER is obliged to keep his stored customer information or access data (in particular his e-mail address) up to date.
e) The CUSTOMER acknowledges that in the event of a breach of the conditions set out here, the PROVIDER may temporarily or permanently exclude him from the offer (“deactivate”) at any time. - Technical requirements
a) The CUSTOMER is responsible for ensuring that the necessary technical requirements are met in order to be able to use family.cards fully. Full use of family.cards requires an internet connection. An internet connection via WLAN or a SIM card with mobile data volume must be purchased separately by the CUSTOMER if required and is not part of the offer.
b) The installation of the family.cards hardware and app as well as the CUSTOMER’s registration in the same are the responsibility of the CUSTOMER.
c) If there are technical problems with the service provided, the CUSTOMER is obliged to do his best to help solve the problem.
d) The CUSTOMER acknowledges that in the event of a breach of the conditions set out here, the PROVIDER may temporarily or permanently exclude him from the offer (“deactivate”) at any time. - liability for damages
a) The PROVIDER shall be liable, regardless of the legal basis, within the framework of the statutory provisions only in accordance with the following paragraphs. In all other respects, the statutory liability for material defects shall apply.
i. The PROVIDER is only liable for damages resulting from injury to life, body or health and for damages resulting from intent or gross negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER is liable, limited to compensation for the foreseeable damage typical for the contract, for damages resulting from a slightly negligent breach of essential contractual obligations by it or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the CUSTOMER can regularly rely.
ii. The CUSTOMER is required to inspect the goods for possible transport damage upon receipt and to inform the PROVIDER of this. This is solely to improve the enforcement of the PROVIDER's rights against the carrier. Failure to notify will have no adverse legal consequences for the CUSTOMER. - compensation
a) The services of the PROVIDER (including the shipping of the device) are compensated by the remuneration(s) shown at the time of conclusion of the contract in the service description (depending on the selected model and scope of services) and/or price list (“purchase price” and “subscription”). All prices are generally inclusive of German statutory sales tax.
b) The CUSTOMER's obligation to pay remains in force in cases where the service cannot be provided for reasons for which the CUSTOMER is responsible. In this case, however, the PROVIDER must be credited with the amount of expenditure saved or omitted.
c) All payments to be made by the CUSTOMER are due from the time of registration or order and must be settled against appropriate, proper payment using the payment options offered by the PROVIDER. - data protection, confidentiality
a) The processing of personal data to fulfill the contractually agreed services is carried out in accordance with national and European data protection laws. The processing of personal data is carried out on the basis of Art. 6 lit. b GDPR. Beyond this, no data is passed on to third parties.
b) Personal data will be deleted after the statutory retention period has expired. A retention period of at least six years follows from tax and social security law. According to Section 147 Paragraph 1 Numbers 2, 3 and 5 of the Fiscal Code (AO), this retention period applies to commercial and business documents, such as invoices and delivery notes and other tax-relevant documents, starting at the end of the calendar year in which they were created. Otherwise, personal data is regularly deleted after 6 months.
c) The contracting parties undertake to treat as confidential any information or documents from the other party's area that have become known to them in the course of the contract and that are not public or generally accessible. This obligation of confidentiality shall continue even after the termination of the contractual relationship. - Rights of Use & Transfer of Rights, Reference Use
a) The entire data and database structure as well as the external appearance of the website are legally protected by the PROVIDER and/or its licensors.
b) All legally protected content of the PROVIDER, as well as the entire data and database structure, may not be published, reproduced, made publicly accessible or passed on to third parties without the express prior consent of the PROVIDER. Automated data retrieval by scripts, bots, crawlers, etc., by bypassing the search mask, by search software or similar actions (in particular data mining or data extraction) and the accessing of protected data and database contents in any other way is not permitted. The assertion of claims for damages in this regard remains expressly reserved.
c) The CUSTOMER may not use the data obtained through queries, either in full or in part or in extracts, to create their own database in any media form and/or for commercial data exploitation or the provision of information or any other commercial exploitation, unless the PROVIDER has given their consent in individual cases. Linking, integrating or otherwise connecting the database or individual elements of the database with other databases or meta-databases is not permitted.
d) Family.cards and the devices are protected by copyright, trademark and design law. Any infringement of the protected intellectual property rights is prohibited and will be pursued by the respective rights holder. The CUSTOMER indemnifies the PROVIDER from any claims by third parties against the PROVIDER that may result from the infringement of intellectual property rights through an unlawful act by the CUSTOMER. - right of withdrawal
a) In the event that the contractual agreement is a contract concluded outside business premises or a distance selling contract and the CUSTOMER is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. makes the purchase for purposes that are predominantly neither commercial nor self-employed professional activity, he has a right of withdrawal in accordance with the following provisions.
b) The right of withdrawal expires in the case of a contract for the delivery of digital content that is not stored on a physical data carrier (e.g. online video course content, etc.) if the PROVIDER has begun to execute the contract after the CUSTOMER has expressly agreed to the following: “I expressly agree to the execution of the contract before the expiry of the withdrawal period and have acknowledged that the right of withdrawal expires with the start of the contract.” - General Provisions
a) All disputes in connection with the use of the WEBSITE, regardless of the legal basis, shall be governed exclusively by the law of the Federal Republic of Germany, excluding all provisions of the conflict of laws that refer to another legal system.
b) The invalidity of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions of these General Terms and Conditions.
c) Complaints procedure via online dispute resolution for consumers (OS): ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
General Terms and Conditions for the purchase of vouchers and family.cards cards
- Scope and definitions
a) These General Terms and Conditions apply exclusively to the business relationship between Generation Reach GmbH, c/o Unicorn Workspaces GmbH, Am Neuen Markt 9 EF, 14467 Potsdam (hereinafter referred to as “PROVIDER”) and the recipient of the services (hereinafter referred to as “CUSTOMER”, together here also referred to as the “PARTIES”), in particular for contracts for the sale and delivery of so-called Family.cards cards and vouchers (hereinafter referred to as “goods”, “goods”, “product” or “products”) via the website https://family.cards/ (hereinafter referred to as “WEBSITE”) or the family.cards app.
b) Contradictory, deviating or supplementary general terms and conditions of the CUSTOMER will not become part of the contract unless the PROVIDER expressly agrees to their validity. These general terms and conditions also apply if the PROVIDER carries out services without reservation despite knowing that the CUSTOMER's conditions are contrary to or deviate from these general terms and conditions.
c) All information provided by the CUSTOMER during the ordering process must be current and truthful. There is no entitlement to the conclusion of a contract.
d) The CUSTOMER must keep his access data, in particular the password he has chosen, secret. The CUSTOMER is obliged to inform the PROVIDER immediately if there are indications that the access data may be used without authorization.
e) The version of the PROVIDER’s General Terms and Conditions valid before the services are used shall be decisive.
f) Where the generic masculine form is used in the following provisions, this is solely for reasons of simplicity and does not imply any value judgment.
g) Family.cards are individually produced cards that can be used together with the family.cards system within the framework of an existing user agreement.
h) The family.cards cards can be purchased by registered users in the family.cards app (hereinafter “APP”) - conclusion of the contract
a) The presentation of the goods on the WEBSITE does not constitute a legally binding offer by the PROVIDER to conclude a purchase contract. The CUSTOMER is hereby merely invited to submit an offer by placing an order.
b) When one or more products are selected, they are placed in a virtual shopping cart, where the selected product(s) can be viewed and the number can be changed or the products can be removed. By clicking on the “Checkout” button, the CUSTOMER is asked to enter the information relevant to shipping and to select a payment method. Before completing the order, the CUSTOMER is shown all the information relevant to the order in summary. By clicking on the “buy” or “order with payment” button, the order process is completed and the order is sent.
c) By submitting the order on the WEBSITE, the CUSTOMER makes a binding offer aimed at concluding a purchase contract for the product(s) contained in the shopping cart. By submitting the order, the CUSTOMER also accepts these terms and conditions as the sole determining factor for the legal relationship with the PROVIDER.
d) The PROVIDER confirms receipt of the CUSTOMER's order by sending a confirmation email. This order confirmation does not yet represent acceptance of the contract offer by the PROVIDER. It merely serves to inform the CUSTOMER that the order has been received by the PROVIDER.
e) The declaration of acceptance of the contract offer is made by an express contract confirmation by e-mail.
f) Contracts concluded via the WEBSITE or the family.cards app are concluded exclusively in German.
g) The CUSTOMER can view the General Terms and Conditions at any time at the URL https://family.cards/agb and print or save them by using the corresponding function of the browser (“Print” or “Save as”). - Prices, shipping costs, delivery times
a) The price(s) listed for the product(s) at the time of the order apply to orders. All prices quoted are final prices (gross prices) that include statutory VAT and other price components.
b) In addition to the prices stated, delivery costs may apply. The CUSTOMER will be clearly informed of any shipping costs that may apply on the product pages, in the shopping cart system and on the order page.
c) Goods that are marked as “available” on the WEBSITE will be delivered immediately after receipt of the order within a maximum of 5 days. If advance payment has been agreed, the period begins on the day after the payment order is issued to the transferring credit institution. If advance payment has been agreed, the period begins on the day after the payment order is issued to the transferring credit institution. The PROVIDER will indicate any different delivery times on the respective product page. - payment methods and invoicing
a) The customer can use the payment methods offered at the time of the order.
b) The CUSTOMER agrees that the PROVIDER’s invoices will generally be sent in electronic form to the specified invoice recipient. - Delivery
a) If the PROVIDER cannot meet a binding delivery deadline for reasons for which the PROVIDER is not responsible (e.g. due to a lack of delivery by sub-suppliers or force majeure), the PROVIDER will inform the CUSTOMER immediately, if necessary stating the new expected delivery deadline. If the new delivery deadline is not acceptable to the customer or the goods are no longer available within the new delivery deadline or at all, both contracting parties are entitled to withdraw from the contract with regard to the goods in question; in this case, any consideration already provided will be refunded immediately. The statutory rights of the contracting parties remain unaffected.
b) In cases of force majeure, the delivery time will be extended accordingly. Force majeure includes, among others, strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks, operational disruptions such as fire, water, machine damage and lightning strikes and all other disruptions that the PROVIDER could not foresee and is not responsible for. The start and end times of such delivery disruptions will be communicated to the customer immediately by the PROVIDER. - liability for damages
a) The PROVIDER shall be liable, regardless of the legal basis, within the framework of the statutory provisions only in accordance with the following provisions:
b) The PROVIDER is liable without limitation for damages resulting from injury to life, body or health that are based on intent or negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER is liable for damages that are based on intent or gross negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee or assured property given by the PROVIDER or due to fraudulently concealed defects.
c) The PROVIDER is liable, limited to compensation for the foreseeable damage typical for the contract, for such damages that are based on a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely. - warranty
a) The warranty period is two years. This does not apply to damages resulting from injury to life, body or health caused by the PROVIDER through negligence, nor to damages caused by gross negligence or intent or malice on the part of the PROVIDER, nor to claims for recourse pursuant to Sections 478 and 479 of the German Civil Code (BGB).
b) Only the PROVIDER's own information and the manufacturer's product description are deemed to be agreed upon as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.
c) Claims based on the Product Liability Act remain unaffected.
d) Otherwise, the statutory provisions apply. - Special provisions for vouchers
a) Vouchers can be redeemed for future orders via the WEBSITE or the family.cards app. Redemption takes place before the order process is completed. The balance of a voucher will not be paid out in cash and will not accrue interest.
b) Redemption is not personal.
c) Vouchers are valid for the period stated. If the voucher was issued without a time limit, the statutory limitation period of three years applies. The period begins at the end of the year in which the voucher was issued. Vouchers can be redeemed on the WEBSITE and in the family.cards app.
d) The misuse or multiple redemption of a voucher is prohibited and will be prosecuted. This expressly includes any attempt at misuse or multiple redemption. - Retention of title, offsetting
a) The goods remain the property of the PROVIDER until full payment has been made.
b) The CUSTOMER is only entitled to a right of set-off if his counterclaims have been legally established or are undisputed or recognized by the PROVIDER. This does not apply to claims to which the CUSTOMER is entitled due to the exercise of the right of withdrawal.
c) If the CUSTOMER defaults on any payment obligations to the PROVIDER, all existing claims shall become due immediately. - data protection, confidentiality
a) The CUSTOMER is informed that the PROVIDER collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data will be treated confidentially.
b) The PARTIES undertake to treat as confidential any information relating to the other party which becomes known to them in the course of executing the contract. - right of withdrawal
a) In the event that the contractual agreement is a contract concluded outside business premises or a distance selling contract and the CUSTOMER is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. makes the purchase for purposes that are predominantly neither commercial nor self-employed professional activity, he has a right of withdrawal in accordance with the following provisions.
b) The right of withdrawal expires in the case of a contract for the delivery of digital content that is not stored on a physical data carrier (e.g. online video course content, etc.) if the PROVIDER has begun to execute the contract after the CUSTOMER has expressly agreed to the following: “I expressly agree to the execution of the contract before the expiry of the withdrawal period and have acknowledged that the right of withdrawal expires with the start of the contract.” - General Provisions
a) All disputes in connection with the use of the WEBSITE, regardless of the legal basis, shall be governed exclusively by the law of the Federal Republic of Germany, excluding all provisions of the conflict of laws that refer to another legal system.
b) The invalidity of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions of these General Terms and Conditions.
c) Complaints procedure via online dispute resolution for consumers (OS): ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
cancellation policy
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Generation Reach GmbH, c/o Unicorn Workspaces GmbH, Am Neuen Markt 9 EF, 14467 Potsdam, info@family.cards) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
–To Generation Reach GmbH, c/o Unicorn Workspaces GmbH, Am Neuen Markt 9 EF, 14467 Potsdam, info@family.cards
–I/we ( ) hereby revoke the contract concluded by me/us ( ) for the purchase of the following goods ( )/the provision of the following service ( )
–Ordered on ( )/received on ( )
–Name of the consumer(s)
–Address of the consumer(s)
–Signature of the consumer(s) (only for notification on paper) Date
(*) Delete as appropriate.