Donation guidelines

General terms and conditions for the transmission of a payment as a donation:
The following general terms and conditions apply to the uses of the website (ww.absolutlukas.com/payment) of Lukas Küchen (hereinafter referred to as "Admin"):

1. subject matter of the contract
The admin offers donation recipients an internet-based possibility to collect funds for charitable purposes.

By agreeing to these rules, you accept the following conditions and objects:

As little data as possible will be collected from the donating person in order to enable an anonymous donation process. The donating person only has to offer a username of his choice.

It is allowed to the admin or other people to contact the donor via social media and his username to inform him about the donation or to inform him about his donation history. This does not constitute legally compliant information.

The admin will not send the donor a confirmation email about the successful completion of the donation process, so that the donor does not have to provide his email address. About this circumstance, the donor agrees.

All prices include the legal sales tax.

The donor is obliged to raise objections to the admin immediately, but no later than seven days after the donation. Otherwise, the settlement is considered approved.

Donation processing
In the online solution, the admin also provides the donor with the necessary functions for processing the donation using the following payment methods: credit card payment and PayPal.

With the payment method bank transfer or Sofortüberweisung/Klarna, the donor transfers directly to the bank account specified by the donation recipient.

With the Paypal payment method, the donor pays directly from their Paypal account to the Paypal account specified by the donation recipient.

Online payment methods require separate contracts with payment service providers. The admin offers various interfaces to payment service providers. Payment processing is based solely on the contractual relationship between the donation recipient and the payment service provider.

Liability / Warranty
The admin is not liable for damages arising from injury to life, limb or health that are based on a breach of duty by the admin, a legal representative or vicarious agent of the admin, as well as for damages caused by fraudulently concealed defects or the lack of a quality agreed with the admin.

Altruja's liability is otherwise excluded, including liability without fault, in particular for initial defects.

The admin cannot technically determine with certainty whether a donor registered with the admin actually represents the person that the donor claims to be. the admin therefore provides no guarantee for the actual identity of a donor.

the donor undertakes to inform the admin immediately of any unavailability or faulty functioning of the web pages.

The donor undertakes not to violate German laws or infringe the rights of third parties in the course of using the admins services. In particular, the donor is obligated to comply with competition law, data protection law and consumer protection regulations as well as to respect the intellectual property of third parties. 

Confidentiality
All terms and conditions concerning the contractual relationship, including the terms and conditions of the contractual relationship between the donor and the payment service provider, are confidential information. The parties agree to maintain confidentiality about confidential information.

Excluded from this obligation is such confidential information a) which is proven to have already been known to the Recipient at the time of the conclusion of the contract or to become known thereafter from a third party without violating a confidentiality agreement, statutory provisions or official orders; b) which is publicly known at the time of the conclusion of the contract or becomes publicly known thereafter, unless this is based on a violation of this contract; c) which must be disclosed due to statutory obligations or by order of a court or an authority. To the extent permissible and possible, the Recipient obligated to disclose shall notify the other Party in advance and give the other Party an opportunity to oppose such disclosure.

 

Final provisions
admin reserves the right to amend these General Terms and Conditions due to changes in the legal situation, supreme court rulings or market conditions. The power of amendment does not cover any main performance obligations. 

Additions or amendments to the contract shall only be effective in individual cases if they have been agreed in writing or in text form.

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision whose content comes as close as possible to the economically intended meaning and purpose of the invalid provision. This shall apply accordingly in the case of loopholes.

The place of jurisdiction and performance shall be Aachen.

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Alsdorf, December 2021