Terms and Conditions

1. Operator

The operator SKAJ Ventures GmbH, Sonnenlandstraße 4, 14471 Potsdam, Germany, email: info@wishly.net (hereinafter referred to as Wishly or the operator), grants free use of the website https://www.wishly.net on condition that the following terms of use (Terms and Conditions) are accepted by the user. The point of contact under Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act, DSA) can be reached at the same address; the further mandatory details are set out in the imprint.

2. Features of the site

2.1 Types of use

2.1.1 Creating a wishlist

After registering, the user may create one or more personal wishlists and provide them with personal information (image, text, etc.). The user may add items from an online shop suggested by Wishly to their wishlist, or insert a wish manually and link it to other shops or websites. The user may update or delete their wishlists at any time after signing in. The user may delete individual wishes, edit existing wishes and add new wishes.

The wishlist can be sent to friends and acquaintances by email.

The owner of the wishlist can also determine in their settings whether their wishlist can be found publicly via the search function.

2.1.2 Searching for wishlists

Without registering, the user can search for the wishlists of people they know by entering an email address or a name in the search field. If those wishlists are public, the user can view them including all wishes and profile details.

Registered users have the option of saving other people's wishlists to a watch list, which is always available to them once they have signed in.

2.1.2 Giving a gift

By clicking the "Buy" button on a wishlist, the user is taken to the linked online shop and can order the selected item there. The user may choose the shop suggested by the owner of the wishlist or decide on a different one. Any such order, and the contract relating to it, is concluded, where applicable, exclusively between the user and the online shop. As soon as the wished-for item has been bought, regardless of whether this happened in the shop suggested by the recipient or elsewhere, the giver can mark it as bought on the wishlist.

2.2 Rules of use

2.2.2 Content of wishlists

Items, products, objects, services or acts may not be added to a wishlist as wishes where their presentation or description, their subsequent acquisition (by the giver), their provision to the recipient or the handling of them in general, or (in the case of services or acts) their performance or execution, infringes applicable law, the rights of third parties, public morals or these terms of use. Content (images, texts, links, etc.) that infringes the rights of third parties, or that is by its nature defamatory, factually incorrect, insulting, obscene, glorifying violence, inciting violence, offensive, sexually oriented, threatening, harassing or racist, is not permitted.

Wishly has no influence on the content of wishlists, in particular in respect of wishes added to a wishlist manually. Such content may be prohibited for minors (for example classified as FSK 18: "not approved for persons under 18 years of age") or may be unsuitable for them. In such cases, adult users (of full legal age) are obliged to take all appropriate measures to prevent minors from accessing or viewing their wishlist.

2.2.3 Orders placed with online shops

Items, products and other services of online shops are, where applicable, ordered by the user directly and exclusively from the online shops. The terms and conditions of those shops apply to such orders. Wishly does not guarantee that legal transactions with online shops (orders) will come about. The operator of Wishly is not an intermediary for legal transactions concluded between users and online shops. It neither becomes a party to the contract nor acts as the representative of a party. In the case of orders, the initiation, conclusion and performance of contracts take place to the exclusion of any liability on the part of Wishly, at the cost and risk and under the sole responsibility of the users.

Any liability on the part of Wishly for the content of item, product or other service descriptions, in particular as regards their accuracy, completeness and topicality (for example as to price, condition, availability and similar), is excluded.

3. Registration

3.1 In order to be able to use the wishlist functions, the user must register with Wishly. There is no entitlement to be granted access. Wishly may refuse access without giving reasons. Use of Wishly is permitted only to legal entities and to natural persons with unlimited legal capacity.

3.2 The member alone is liable for the use of the password or user name by third parties, and for acts or declarations made through their personal account, irrespective of whether this happens with fraudulent intent or not. The member indemnifies Wishly against all claims in this connection. If a member has reason to believe that another person is using their logins or passwords or their account, the member must notify Wishly of this without delay.

3.3 Wishly has the right to withdraw membership at any time, without prior notice or warning and without giving reasons, in particular in the event of presumably false information, presumed or discernible misuse, damage to or impairment of the functioning of Wishly's services, or other infringements.

3.4 Every user may end their membership at any time with effect for the future.

4. Rights and obligations of Wishly

4.1 Wishly has the right to change the services at any time, or to discontinue them in part or in full, to the exclusion of any claims for damages. Wishly gives no guarantee of the uninterrupted, complete and error-free availability of the website, nor of consistent quality. Access may be interrupted at any time in order to carry out maintenance work and to remedy faults. Wishly may change the functioning and the layout of the website at any time.

4.2 Wishly has the right to exclude users from using the services at any time, or to change their rights of use, to the exclusion of any claims for damages.

4.3 Wishly is entitled, but not obliged, to check the content of any text as well as of submitted photos or graphics files for compatibility with the general laws or with these terms of use and, where necessary, to change or delete the content in question. The procedure for notices and for decisions about content is set out in section 4.4.

4.4 Moderation and reporting of content

4.4.1 Section 2.2 governs which content is not permitted on Wishly; in addition, all content that infringes applicable law is prohibited. These requirements apply to every wishlist, irrespective of whether it can be reached only through its link or has been published in accordance with section 8.4. Wishly does not generally monitor the content posted by users and is under no obligation to do so, but acts as soon as Wishly receives a notice or otherwise obtains knowledge of content that may be unlawful or in breach of these rules.

4.4.2 Any person may report content that they consider unlawful or in breach of these Terms and Conditions. Notices are to be addressed to info@wishly.net; where Wishly offers a reporting form on a page, that form may also be used. A notice should identify the page complained of precisely, state the reason, explain why the content is unlawful or infringes these Terms and Conditions, give the name and the email address of the reporting person, and include their declaration that the information is accurate and complete to the best of their knowledge. Wishly requires neither a name nor an email address for notices concerning offences under Articles 3 to 7 of Directive 2011/93/EU, and deals with those notices as a priority. Wishly confirms receipt of a notice to the reporting person.

4.4.3 If Wishly establishes an infringement, Wishly may remove individual wishes or an entire wishlist or make them inaccessible to third parties, end a publication under section 8.4 and, in serious or repeated cases, block the user account. In doing so, Wishly chooses the measure that ends the infringement and places the least burden on the user. Measures are decided on by a person; Wishly uses no solely automated procedures for this.

4.4.4 Wishly informs the user concerned of a measure and states the measure and its territorial and temporal scope, the facts on which the decision is based, the legal provision or the provision of these Terms and Conditions that has been infringed, a note that no solely automated procedures were used, and the ways in which the decision can be challenged. Wishly also informs the reporting person of the decision. Wishly does not disclose the identity of the reporting person or their reasoning to the user concerned.

4.4.5 Anyone who disagrees with a decision may object to it informally at info@wishly.net within six months; Wishly then reviews the decision again. Recourse to an out-of-court dispute settlement body certified under Article 21 of Regulation (EU) 2022/2065, and recourse to the courts, are also open. Wishly is not bound by the decision of a dispute settlement body.

5. Liability of Wishly

5.1 There is no entitlement to the availability of the service.

5.2 Wishly is not liable for third parties obtaining unauthorised knowledge of members' personal data (for example through unauthorised access to Wishly's database by "hackers").

5.3 Wishly is not liable for the misuse of details and information which users have themselves made accessible to third parties.

5.4 Wishly is not liable for the accuracy or inaccuracy of the information and content provided by other members, by visitors to the website and/or by the member themselves, nor for the consequences of it. In addition, Wishly is not liable for content distributed by a member which infringes the rights of one or more other members or of third parties.

5.5 Any liability of Wishly and/or its vicarious agents and/or its legal representatives for damage to property, financial loss, indirect damage (in particular consequential damage caused by a defect) and loss of profit is excluded.

5.6 The above exclusions of liability do not apply insofar as the damage was caused by intent or gross negligence on the part of Wishly and/or its vicarious agents, nor in the event of a breach of essential contractual obligations. In the event of a breach of essential contractual obligations, liability is limited to the damage typically arising.

5.7 Wishly hereby expressly dissociates itself from all contents of all third-party pages linked from the Wishly website (for example by links or banners) and declares that it does not adopt those contents as its own. Its liability for the use of these linked pages is excluded.

6. Rights and obligations of users

6.1 The user is obliged to comply with applicable law and with these terms of use, and to respect the rights of third parties.

6.2 The user warrants that the details they have provided are complete and correct. The user undertakes to inform Wishly without delay of any changes to those details.

6.3 The user is obliged to keep their password secret. Where the user name and password are entered correctly, Wishly has no way whatsoever of recognising whether it is the member themselves or a third party. If a member has reason to believe that another person is using their logins or passwords or their account, the member must notify Wishly of this without delay.

6.4 The user warrants that they will not use Wishly's services for commercial or professional purposes (advertising, event announcements or similar).

6.5 The user undertakes not to introduce any data containing computer viruses into the system. To this end, the user will use suitable and continuously updated anti-virus software.

6.6 The member is aware that everyone involved in the transmission path of the internet has the possibility of obtaining knowledge, without authorisation, of data in the course of transmission. The member accepts this risk.

7. Liability of the user

7.1 The user is liable for all infringements of these Terms and Conditions or of statutory provisions, and for the claims resulting from them.

7.2 The member alone is liable for the use of the password or user name by third parties, and for acts or declarations made through their personal account, irrespective of whether this happens with fraudulent intent or not. The member indemnifies Wishly against all claims in this connection.

7.3 Should Wishly be held liable because a member has infringed the obligations arising from statutory provisions or from these Terms and Conditions, the member undertakes to indemnify Wishly against all legal consequences arising from this. That indemnity covers any fines and damages payable as well as the lawyers' fees and court costs that could be imposed on Wishly. This applies in particular to claims for infringement of third-party copyright.

8. Privacy policy

8.1 By using Wishly, the user agrees to the provisions set out below on the use of their personal information by Wishly.

8.2 Wishly stores personal information of users in various ways. This information arises from details provided by the user and from use of the services offered. The user agrees that their personal data will be stored by the operator in electronic form.

8.3 Wishly stores, uses and analyses information in order to enable the platform to function and to be able to offer users a better service.

8.4 The information on the wishlist can be viewed by any person who knows the link to that wishlist. The user decides for themselves who they pass the link on to and which information they enter on their wishlist. The legal basis for this display is the performance of the user agreement under Art. 6(1)(b) GDPR. If the user publishes a wishlist through the function provided for that purpose in their user account, they additionally grant Wishly the non-exclusive, territorially unrestricted and royalty-free right, revocable at any time, to display the public title, the public description, the occasion, the relationship to the person receiving the gift, the age group as well as the titles, prices and images of the wishes it contains on the public page of the wishlist, on overview pages, in an editorial feature, such as wishlist of the week or of the month, and in the structured data of those pages, and thereby also to make them accessible to search engines, to services for generative search results and to preview services. A right of modification exists only to the extent necessary for presentation in different formats and sizes; use for advertising beyond the feature of the user's own wishlist is not covered. The right ends as soon as the user withdraws the publication.

8.5 The user declares that they hold the rights to the photos or graphics files they submit and use, and that these contain neither pornographic nor anti-constitutional motifs.

8.6 If the user publishes a wishlist in accordance with section 8.4, they warrant, in addition to section 8.5, that they hold the rights required for the images and texts they have posted, including the right to make them publicly accessible, and that the publication infringes no rights of third parties; this applies in particular to images in which persons are recognisable. No surnames, addresses, schools, kindergartens or dates of birth may be entered in the public title or in the public description. If the user breaches this warranty, Wishly may end the publication in accordance with section 4.4; section 7.3 remains unaffected.

The detailed data protection terms are set out under this link: Privacy

9. Termination

9.1 If a user no longer wishes to make use of the functions that require registration, they can close their user account by clicking the button "Delete user account" under the menu item "Access data". In that case the wishlists created and, where applicable, the listing by name in the wishlist search function on the website will be deleted. Wishly reserves the right to store the data contained on the wishlist internally. As regards other data, reference is made to the privacy policy and the data protection principles. Registering again is possible at any time under the general conditions.

9.2 Wishly has the right to block or terminate the membership of users at any time, without notice and without giving reasons.

10. Copyright

10.1 The contents and materials of the website produced by Wishly itself (for example texts, source code, photos, videos, graphics, logos, software and similar), including the layout, are protected by copyright and may be subject to further industrial property rights (trade marks, patents).

10.2 Copying is permitted only to the extent that it is technically indispensable for the intended and authorised use of the website as provided for by Wishly. Any other reproduction, distribution or commercial use of these contents is prohibited without the prior consent of Wishly.

11. Miscellaneous

Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions is not affected.