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schaupunkt

General Terms and Conditions of schaupunkt

Provider: tolinax UG (haftungsbeschränkt), Oberhof 4, 83700 Oberhof, Germany · Version: 3 October 2026

These terms apply exclusively to entrepreneurs (§ 14 German Civil Code), legal entities under public law and special funds under public law.

Part A — General provisions

§ 1 Scope

  1. These terms apply to all contracts between tolinax UG (haftungsbeschränkt) ("schaupunkt", "we") and its customers concerning
    a) the booking of advertising time on digital advertising screens (Part B),
    b) the installation of a display at a customer's location (Part C),
    c) the purchase and rental of display equipment (Part D).
  2. Deviating terms of the customer apply only if we expressly agree to them in text form.
  3. Our offer is not directed at consumers. By placing an order, the customer confirms that they are acting in the course of their commercial or independent professional activity.

§ 2 Conclusion of contract

  1. Information on our website, media data and reach figures do not constitute a binding offer.
  2. The contract is concluded when we confirm a booking, enquiry or order in text form (booking confirmation by email) or begin performance.
  3. For online bookings: the customer selects the advertising screen, period and package, uploads their creative and completes the booking with the button "book with obligation to pay". Until then, all details can be changed.

§ 3 Prices and payment

  1. The prices displayed at the time the contract is concluded apply. All prices are net plus statutory VAT.
  2. Advertising bookings are payable in advance. Payment is made using the payment methods offered in the booking process. Rent and ongoing software services are invoiced monthly in advance.
  3. We issue invoices electronically. If the customer is in default, we may withhold services after prior notice in text form.
  4. The customer may only set off claims that are undisputed or have been finally determined by a court.

§ 4 Liability

  1. We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act.
  2. In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the typical, foreseeable damage, at most to the net order value of the contract concerned. Otherwise, liability for slight negligence is excluded.
  3. We are not liable for lost profit or indirect damage in cases of slight negligence.

§ 5 Data protection

  1. We process personal data in accordance with our privacy policy.
  2. We determine reach and passer-by counts exclusively anonymously. No images are stored and no persons are identified. Only aggregated counts are reported.
  3. Where we process personal data on behalf of the customer (e.g. for prize draws run through their advertising), the parties conclude a data processing agreement.

§ 6 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. The exclusive place of jurisdiction is the registered office of tolinax UG (haftungsbeschränkt), provided the customer is a merchant.
  3. We will notify the customer of changes to these terms in text form at least six weeks before they take effect. If the customer does not object before they take effect, they are deemed accepted; we will point out this consequence in the notification. In the event of an objection, either party may terminate ongoing continuing contracts as of the date of the change.
  4. If any provision is invalid, the remainder of the contract remains effective.

Part B — Booking of advertising time

§ 7 Service

  1. We play the customer's creative on the booked advertising screens during the booked period, alternating with other content. The number and length of insertions stated in the booking confirmation are decisive.
  2. Reach, contact and passer-by figures are empirical and estimated values. They are not a guaranteed characteristic unless we have expressly promised a minimum number.
  3. We may determine the order of content and move insertions within the booked day, provided the booked total number is reached.

§ 8 Creatives

  1. The customer supplies the creative in the formats and by the deadlines set out in the media data. If it is not available in time, the start is not postponed at our expense; the price remains payable.
  2. Every creative is reviewed before it is played. We may reject creatives that violate laws, official requirements, third-party rights, public decency or the rules of the location, in particular advertising for tobacco, unlicensed gambling, political parties, and discriminatory content or content harmful to minors. We communicate the decision by email. If a creative is rejected, the customer may submit a revised creative; if this does not happen before the start, we refund the price less any costs already incurred.
  3. The customer warrants that they hold all rights to the creative and indemnifies us against third-party claims arising from it being played, including reasonable costs of legal defence.
  4. The customer grants us the rights of use required for playing the creative and for proof recordings for the duration of the booking.

§ 9 Disruptions

  1. If insertions fail for reasons for which we are responsible (e.g. technical failure of a display), we make them up within 30 days. If this is not possible, we refund the proportionate price.
  2. Failures due to force majeure, power outages at the location or official orders lead to a proportionate refund if they affect more than 5 % of the booked insertions.
  3. Further claims arising from failed insertions exist only under § 4.

§ 10 Cancellation

  1. The customer may cancel a booking free of charge up to 14 days before the start. For later cancellations we charge 50 % of the price, and the full price from the start.
  2. If we terminate for good cause (e.g. a subsequently discovered legal violation by the creative), the customer owes the price for the insertions delivered up to that point.

Part C — Display location (partner)

§ 11 Subject matter

  1. The location partner provides a suitable space, in particular a shop window, and the power supply. We or the partner install a display there that shows advertising and information content.
  2. The partner receives a share of the net advertising revenue of their display in accordance with the share agreed when the contract was concluded. Settlement is monthly; payment is made as soon as the balance exceeds €25, at the latest at the end of the quarter.
  3. The partner may show their own content on their display, within the agreed share of time and in accordance with § 8 (2).

§ 12 Partner obligations

  1. The partner keeps the display in operation during the agreed times, does not intentionally interrupt the power supply and reports damage without delay.
  2. The partner bears the electricity costs unless otherwise agreed.
  3. The partner obtains any necessary approvals from the landlord or owners and informs us of any conditions.

§ 13 Term

  1. The location contract runs for twelve months and is extended by twelve months at a time unless terminated with three months' notice before the end of the term.
  2. When the contract ends, the partner returns all equipment provided in full or keeps it ready for collection.

Part D — Purchase and rental of display equipment

§ 14 Purchase

  1. Purchased equipment remains our property until paid in full.
  2. Warranty claims become time-barred twelve months after delivery. At our discretion, we provide repair or replacement.
  3. We install software updates remotely free of charge for the duration of an existing software contract.

§ 15 Rental

  1. The minimum term is twelve months. Thereafter, the rental is extended monthly and can be terminated with one month's notice.
  2. Rented equipment remains our property. The customer treats it with care, insures it against theft and damage and returns it in full when the contract ends.
  3. We remedy faults for which the customer is not responsible free of charge, at our discretion by remote maintenance or replacement.
  4. In the event of loss or damage caused by the customer, the customer reimburses the current value.