• 1 Preamble

1. hey.kitchen GmbH, Emsweg 3, 51789 Lindlar, Germany (hereinafter referred to as “HK”) provides registered users with an online service via the website “www.hey.kitchen”, through which users can create and publish offers and requests in the area of kitchen and furniture assembly and installation (hereinafter referred to as “advertisements”) as advertisers and view published advertisements of other users as interested parties.

1. Users and contractual partners of HK can only be entrepreneurs within the meaning of § 14 BGB (German Civil Code), as well as legal entities under public law or a special fund under public law.

1. HK merely provides the corresponding platform for bringing together advertisers and interested parties in relation to the posted services; HK itself is not a service provider or service demander.

1. For the purpose of the functionality and user-friendliness of the HK marketplace, HK offers special functions, such as the possibility of saving search requests and sorting advertisements according to certain criteria (e.g. posting date, price), the possibility of mutual evaluation and the presentation of additional information about the user and his activities (e.g. information on orders already placed and/or average response time to inquiries).
   HK also enables users to exchange electronic messages for the purpose of initiating and executing contracts.

1. HK operates a customer service that enables users to submit complaints and other inquiries free of charge.
   The customer service department documents complaints submitted via the internal complaints management system, examines them carefully and will take any necessary measures within a reasonable period of time and inform the user of this or of the outcome of the complaints procedure.
   HK regularly reviews its internal complaints management system and prepares a report on this.

• 2 Registration

1. The full use of HK services, in particular the placement of advertisements, the display of advertisers’ contact details and the exchange of electronic messages with other users, requires the user to register with HK.

1. The data collected during registration must be truthful and complete.
   By submitting the registration form, the user submits an offer to conclude a user agreement with HK, by which he accepts the validity of the terms of use.
   If HK accepts the registration, the user will receive a confirmation e-mail with a personalized link.
   Upon receipt of the confirmation email, a contract is concluded between HK and the user for the use of the HK services (hereinafter “user agreement”).
   To complete the registration process, the user must click on the link provided in the confirmation email to verify their email address.
   There is no entitlement to the conclusion of a contract of use.

1. Upon successful registration, a user account is created for the user, which he can access using his e-mail address and the password he chose during registration.
   The password can be changed by the user at any time via the password-protected user area.
   It must be kept secret by the user and protected from access by unauthorized third parties.
   If the user discovers or suspects that his access data is being used by a third party without authorization, he must inform HK immediately and change his password without delay.

1. HK may make the use of certain functions dependent on the fulfillment of additional requirements, e.g. the provision of additional data, a check and verification of the user’s data, the duration of use, the type of use (private/commercial), the user’s previous payment history and/or the submission of certain evidence.

• 3 Conclusion of advertising and service package contracts

1. Registered users have the opportunity to create and publish their own advertisements free of charge.
   However, HK reserves the right to limit the number of free advertisements published by a user within a certain period of time and to offer the publication of additional advertisements only against payment of a fee.

1. Additional functions are only possible against payment of a fee.
   On the one hand, it is possible to select and book certain additional services subject to a charge when placing an advertisement; on the other hand, it is possible to book service packages with special services or conditions.

1. By entering the ad data, selecting any additional services subject to a charge or selecting the desired service package and submitting the corresponding form, the user submits a binding offer to HK to conclude a contract for the temporary publication of the ad (“ad contract”) or a service package (“service package contract”), for which additional conditions may apply.
   The process can be canceled at any time before submitting the form by closing the browser window or the application.
   The user also has the option of checking the content of the designed advertisement using a preview function before submitting the form and correcting their details if necessary.

1. HK may accept the offer to conclude an advertising contract or a service package contract by means of a separate declaration to the user or by activating the advertisement or service package.
   The advertising contract or service package contract shall come into effect upon acceptance of the offer by HK.
   HK is not obliged to accept contractual offers from the user.

1. Users can edit and/or delete their advertisements at any time in the password-protected user area of HK services.
   The text of the advertising contract or the service package contract is not stored separately.
   However, the user can call up the terms of use regulated here, which form the basis of the advertising contract or the service package contract, at any time via the HK website and then save them in a reproducible form.

1. Users have the option of entering into a so-called partnership to simplify order processing.
   For this purpose, users can share orders in hey.kitchen+ directly with the partner company, assign them to the partner company or manage orders.
   Both users can track the status of the respective order in hey.kitchen+ and have access to all reports and documents.
   Two different users can only enter into a partnership as far and as long as a user’s ad has been viewed by another user.
   The possibility of a partnership between these two users is then technically blocked.
   The technical blocking of a partnership between two users can be lifted by HK for a one-off fee.

• 4 Content requirements for advertisements

1. Users are obliged to describe their advertisements truthfully and comprehensively.
   HK offers the option of uploading corresponding images and assigning ads to specific categories.

1. Users are prohibited from posting advertisements, texts, images or other content that violate statutory provisions, these Terms of Use, the rights of third parties or morality.
   In particular, it is prohibited to post content,

• that violate copyright, trademark and competition law regulations or statutory provisions for the protection of minors,
• which violate prohibited content, or
• which contain untrue statements or which are otherwise misleading.

1. Users must indicate whether they are publishing the advertisement privately or in the exercise of a commercial or self-employed professional activity.
   Under certain conditions, HK may request that users generally specify whether they use their user account for purely private or purely commercial purposes.

1. Commercial users are subject to special legal regulations and are responsible for complying with them.
   Among other things, they are obliged to fulfill the statutory information obligations and, in particular, to provide a complete provider identification that meets the legal requirements.

• 5 Special obligations of the user

1. Users are obliged to refrain from all actions that could jeopardize the safe operation of the HK services or harass other users or that otherwise go beyond the intended use of the HK services.
   In particular, they must refrain from

• sending e-mail advertising, SMS advertising, chain letters or other harassing content,
• send viruses or other technologies that could damage the HK Services or the interests or property of other users,
• expose the infrastructure of the HK Services to an excessive load or otherwise disrupt or jeopardize the functioning of the HK Services,
• to reproduce, make publicly accessible, distribute, edit or otherwise use HK content in a way that goes beyond the intended use of HK services without the prior consent of HK,
• to reproduce, make publicly accessible, distribute, edit or otherwise use advertisements or other third-party content in a way that goes beyond the intended use of the HK services without their prior consent,
• use crawlers, spiders, scrapers or other automated mechanisms to access the HK Services and harvest Content without HK’s express written consent,
• collect or use information, in particular e-mail addresses or telephone numbers, about other users without the prior consent of the user,
• to circumvent measures that serve to prevent or restrict access to HK services.

1. Users are obliged to back up and archive on their own storage medium all data and information stored within the HK services that they currently require or may require in the future for the purposes of preserving evidence, accounting or for other purposes.

• 6 Deletion of advertisements, blocking of users, other measures

1. HK is entitled to delete advertisements or other content of the user in whole or in part or to delay or not publish advertisements or other content of the user if there are concrete indications that the advertisement or the content violates these Terms of Use or legal requirements, or that the user has otherwise culpably violated contractual obligations.

1. In such a case, HK may additionally warn the user and/or temporarily or permanently exclude the user from using the HK services.
   In the event of temporary or permanent suspension, HK shall inform the user of this circumstance 30 days before the suspension takes effect and provide reasons for this on a durable medium (e.g. email), provided there are no compelling reasons to the contrary.
   The aforementioned period shall not apply if the termination or permanent blocking is due to mandatory statutory provisions or an official order or if HK can prove that the user has repeatedly violated these Terms of Use, which has led to the termination or permanent blocking.

1. HK also reserves the right not to publish advertisements or to remove them from the HK Services if there are indications that the advertisement is intended to be or has been placed for improper purposes.

1. If the user is blocked, he/she may no longer use HK services and may not register with HK again.

1. HK reserves the right to restrict or terminate HK services in whole or in part and to delay the publication of advertisements or other content from users if this is necessary with regard to capacity restrictions, the security or integrity of the servers or to carry out technical measures, or if this serves the proper or improved provision of the services (maintenance work).

• 7 Fees

1. HK charges fees for certain services and the use of certain functions.
   value added tax at the statutory rate.

1. Before each booking of a chargeable service, HK shall expressly point out the chargeable nature and the amount of the costs incurred.

1. The agreed fees shall be invoiced for the previous month and are then due for payment immediately.
   If HK offers and accepts direct debit by SEPA direct debit as a means of payment, the direct debit collection (“pre-notification”) shall be announced with a notice period of at least five working days; the period for SEPA pre-notification shall be shortened accordingly to five days.
   If the collection of the claim fails despite timely notification and the user is responsible for the failure, the user must reimburse HK for the additional costs incurred as a result.

1. Invoices are sent exclusively by e-mail.

• 8 Liability

1. The advertisements and other content published by users on HK do not reflect the opinion of HK and are not checked by HK for their legality, accuracy or completeness.
   HK does not guarantee the accuracy and completeness of the information contained in the advertisements, nor does it guarantee the quality, safety or legality of the services offered by users.

1. HK shall be liable in accordance with the statutory provisions for intent and gross negligence.
   The same applies to the assumption of guarantees or any other assumption of no-fault liability as well as to claims under the Product Liability Act or in the event of culpable injury to life, limb or health.
   HK shall also be liable on the merits for simple negligent breaches of essential contractual obligations caused by HK, its representatives, executives and other vicarious agents, i.e. obligations on the fulfillment of which the user regularly relies and may rely for the proper execution of the contract, but in this case the amount shall be limited to the foreseeable damage typically arising.
   Any further liability on the part of HK is excluded.

1. Insofar as HK’s liability is excluded or limited, this shall also apply in favor of the personal liability of its legal representatives, executives and other vicarious agents.

1. The user shall indemnify HK against all claims asserted against HK by other users or other third parties due to an infringement of their rights by advertisements and other content posted by the user or due to the user’s other use of the HK services.
   The user shall bear the costs of HK’s necessary legal defense, including all court and legal fees at the statutory rate.
   The right to indemnification shall not apply if the user is not responsible for the infringement.

1. In the event of a claim by a third party, the user shall, upon request, immediately provide HK truthfully and completely with all information required for the examination of the claims and a defense against them.

1. Any liability of the user over and above these regulations remains unaffected.

• 10 Termination of the contract of use

1. Users are entitled to terminate the user contract at any time without observing a notice period, unless otherwise agreed, e.g. as part of a service package.
   For this purpose, it is sufficient to send a notice of termination in text form by e-mail to the customer service of HK (kontakt@hey.kitchen) or by post to: hey.kitchen GmbH, Emsweg 3, 51789 Lindlar.
   In the event of termination during an ongoing chargeable additional service, there is no entitlement to a (pro rata) refund.

1. HK may terminate the contract of use at any time with 30 days’ notice.
   If an agreement has been concluded between the user and HK on a fee-based additional service with a specific term, and the agreed term ends after the time specified in sentence 1, termination by HK is only possible with a notice period of 30 days to the end of the agreed term of the additional service.
   In the case of commercial users, HK shall give reasons for the termination on a durable medium (e.g. email), whereby the reasons may arise, among other things, from § 6 No. 1 and No. 2 of these Terms of Use.
   The user may no longer book any new services from HK from receipt of a termination declared by HK.
   The time limit shall not apply if the termination is due to mandatory statutory provisions or official orders.
   HK shall provide the user with separate reasons for this, provided there are no compelling reasons to the contrary.

1. HK’s right to delete individual advertisements, to block users and to take other measures in accordance with § 6 as well as the right to terminate without notice for good cause shall remain unaffected.

1. Upon termination of the user contract, all current advertisements of the user will be removed from the HK services and the user’s user account will be deactivated.
   Access to the user account by the user is no longer possible from this point in time.

1. HK reserves the right to irrevocably deactivate and delete user accounts with incomplete registration data and user accounts that have been inactive for a period of at least 12 months.
   HK will notify the user at least 30 days before deleting the user account.

• 11 Changes to the terms of use

1. HK is free to change these terms of use.

1. Users agree to the amended terms of use in particular by accepting them when placing an advertisement or making a request for an advertisement.

• 12 Assumption of contract

HK may transfer its rights and obligations arising from this contractual relationship in whole or in part to a third party with a notice period of four weeks.
In this case, users are entitled to terminate the contract of use.

• 13 Final provisions

1. The Terms of Use, the User Agreement and all agreements between HK and the user based thereon shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

1. If the user is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Lindlar shall be the exclusive place of jurisdiction for all disputes arising from the contract of use and the agreements based thereon.

1. The same applies if the user moves his place of residence abroad after conclusion of the contract or has no general place of jurisdiction in Germany.

1. Should individual provisions of these Terms of Use be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions.
   Any provisions of these Terms of Use that are not included or are invalid shall be replaced by statutory law.
   If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.