Terms and Conditions
These Terms and Conditions (T&C) apply to all paid services provided through the 40667.live portal (and its sister portals 40668.live and 40670.live). They are addressed exclusively to entrepreneurs within the meaning of §14 of the German Civil Code (BGB).
1. Scope and contracting party
The provider of the paid premium services is Frank Kreif, Moerser Str. 25, 40667 Meerbusch, Germany (the "Operator"). These T&C apply to all contracts between the Operator and entrepreneurs within the meaning of §14 BGB (the "Customer") concerning paid services on the platform. Consumers within the meaning of §13 BGB cannot purchase paid services via the portal. Diverging or supplementary terms of the Customer do not become part of the contract, even if the Operator does not expressly object to them.
2. Services
The portal is a local directory for businesses, service providers and institutions in the Meerbusch area (postal codes 40667, 40668, 40670). Inclusion as an editorial baseline entry is free of charge for the listed business. The paid premium entry includes the following value-added services: • Extended business profile with images, description, opening hours and contact details • Self-management of the entry via a business login • Publishing of offers, promotions and news • Use of the ActionButton feature (e.g. reservation, appointment, shop link, enquiry) • Highlighted display in search, categories and newsletter The Operator may extend the service offering by further paid services, in particular additional advertising placements. The Operator reserves the right to further develop and adapt features; material changes will be communicated to the Customer in good time.
3. Conclusion of contract
The contract for a premium entry is concluded once the Customer completes the order via the platform and the payment is successfully authorised via the payment service provider Stripe. The Customer then receives a confirmation by email and access to the premium features. The contract language is German.
4. Prices
The prices shown on the platform at the time of order apply. All prices are gross prices in euros and include the statutory value-added tax (VAT) applicable at the time. The amount of VAT included in the prices is shown separately during the order process and on the invoice.
5. Payment processing via Stripe
Payment is processed via the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. The accepted means of payment are displayed during the order process (in particular SEPA direct debit and common credit cards). By completing the order the Customer authorises the payment vis-à-vis Stripe. In the case of recurring fees (subscription), payment is collected at the start of each billing period according to the chosen plan. In the event of payment disruptions (e.g. chargebacks, declined cards) the Operator is entitled to suspend the premium features until full settlement. Invoices are provided in electronic form by email; the Customer expressly consents to this.
6. Term and termination
The term of the premium entry depends on the plan selected by the Customer during the order process (e.g. monthly or annual). Unless otherwise agreed, the contract is automatically renewed for the chosen term if it is not terminated at the latest one month before the end of the current period. For monthly contracts, termination to the end of the running month is sufficient. Termination may be declared informally by email to hello@40667.live. The right to terminate for cause without notice remains unaffected.
7. Customer obligations
The Customer undertakes to provide only accurate and up-to-date information regarding its business, services and contact details and to update changes without undue delay. Submitted content must not violate applicable law, in particular not competition law, trademark and copyright law, the protection of minors or the general personal rights of third parties. Misleading advertising, untrue statements of fact and disparaging statements about competitors or other third parties are not permitted. The Customer alone is responsible for all submitted content. In the event of a breach of these obligations the Operator is entitled to remove the affected content, suspend premium access or terminate the contract for cause without notice, without the Customer being entitled to a refund of fees already paid. The Customer shall indemnify the Operator against any third-party claims arising from content submitted by the Customer, including reasonable costs of legal defence.
8. Usage rights to content
The Customer grants the Operator a non-exclusive right of use, limited geographically to the European Union and in time to the term of the contract, in all content submitted by the Customer (texts, images, logos, videos) for the purpose of publication on 40667.live (and its sister portals 40668.live and 40670.live) and inclusion in related channels such as the newsletter. The Customer warrants that it holds the rights required for this and that no third-party rights are infringed.
9. Availability
The Operator endeavours to achieve the highest possible availability of the platform but does not owe any particular availability. Maintenance work, outages caused by force majeure and disruptions attributable to third-party providers (in particular Vercel, Supabase, Resend, Stripe) do not constitute a breach of contract. In the event of unavailability attributable to the Operator that lasts more than seven consecutive calendar days, the Customer may demand a pro-rata refund of the fee paid for that period.
10. Liability
The Operator is liable without limitation for damages arising from injury to life, body or health and for damages based on intentional or grossly negligent breach of duty. In cases of simple negligence the Operator is liable only for the breach of essential contractual obligations (cardinal obligations) whose fulfilment is essential for the proper performance of the contract and on which the Customer regularly relies; in such cases liability is limited to the foreseeable damage typical for this type of contract. Liability per incident is limited in total to the fees paid by the Customer to the Operator in the preceding twelve months. Any further liability of the Operator is excluded. The Operator is not liable for third-party content, in particular content from other providers on the platform or from externally linked sites.
11. Data protection
Information on the processing of personal data is provided in the portal's privacy policy.
12. Changes to these T&C
The Operator is entitled to amend these T&C with effect for the future where this is necessary for valid reasons (e.g. new statutory requirements, changes in case law, new services or adjustments to the technical framework). Changes will be communicated to the Customer in text form at least six weeks before they take effect. If the Customer does not object within this period the changes are deemed accepted; the Customer will be expressly informed of this consequence in the notice of change. In the event of a timely objection the Customer has a special right of termination effective at the time the change takes effect.
13. Final provisions
The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction for all disputes arising from this contractual relationship is Düsseldorf, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law. Place of performance is Meerbusch. Should individual provisions of these T&C be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected; the statutory provisions shall replace the invalid provision.