Terms & Conditions

General Terms and Conditions for the Use of the ShareHappyStuff Platform

Effective from: November 1, 2023

1. Scope

The following General Terms and Conditions contain the basic rules for the use of the online services provided by Maxanit FZC, Al Shmookh Business Center, One UAQ, UAQ Free Trade Zone, Umm Al Qwain, UAE, represented by the managing director Max Engelhardt (hereinafter referred to as "ShareHappyStuff"), Tel. +49 160 1603480, Email: engelhardt@sharehappystuff.com.

User's terms and conditions that deviate from these conditions are not applicable.

2. Subject Matter

2.1 ShareHappyStuff is an online platform that enables users to conclude various rental agreements (referred to as the "Service"). ShareHappyStuff itself does not offer items for rent or sale and is not a party to the rental agreements to be concluded. These agreements are exclusively formed between individual users.

2.2 "Users" within the meaning of these terms and conditions are all natural/legal persons or associations of persons who use ShareHappyStuff's service for information, initiation, or conclusion of rental agreements.

3. Use of the Service / Registration / User Account

3.1 Use of the service is generally only possible with registration, except for reading actions.

3.2 By registering or otherwise using the service (e.g., submitting rental inquiries), a contract for the use of the service is concluded between the user and ShareHappyStuff. Registration and setting up a user account are free of charge. When using the service, a service fee is charged for each agreed rental. Minors and other legally incapacitated natural persons are not allowed to use the service. Only one registration is permitted per natural/legal person, and a user account is not transferable.

3.3 The user is obliged to provide truthful and, if they are mandatory, complete data during registration and when submitting rental inquiries. In case of changes to the data collected after registration, the user must update their information in their user account without delay or, if this is not possible, promptly inform ShareHappyStuff of the changes.

3.4 By submitting the registration form, the user makes an offer to enter into a user agreement with ShareHappyStuff, agrees to ShareHappyStuff's General Terms and Conditions, and assures that they are not excluded from using the service according to Section 3.2. ShareHappyStuff reserves the right to reject the user's registration without giving reasons.

3.5 If ShareHappyStuff accepts the registration, the user will receive a confirmation email with a confirmation code. To complete the registration, the user must respond to the confirmation email according to the instructions provided therein. The user agreement is formed between ShareHappyStuff and the user by clicking on the confirmation link in the confirmation email.

3.6 During registration, the user must choose a username and password (hereinafter referred to as "Access Data") within the technical capabilities. The use of usernames that infringe upon the rights of third parties, particularly naming or trademark rights, or that are otherwise unlawful or violate public morals, is not permitted. The user must keep the Access Data confidential and protect them from unauthorized access by third parties. If the user loses their Access Data or suspects that a third party is using them, they must inform ShareHappyStuff immediately.

3.7 The user is aware that they may receive declarations within the framework of the contractual relationship (e.g., confirmation emails, changes to the terms and conditions, or other notifications) via email.

3.8 ShareHappyStuff is entitled to immediately block the user's account:

• If false information was provided during registration

• In the event of loss or suspicion of abusive use of the Access Data by a third party

• If the user violates ShareHappyStuff's General Terms and Conditions

• Or if there is any other significant reason

In the case of an account being blocked, the affected user is prohibited from registering with ShareHappyStuff and creating a new user account until ShareHappyStuff expressly agrees otherwise.

4. User Ratings and Comments

4.1 Users can rate and comment on the landlord and the transaction after concluding a rental agreement. Ratings and comments are displayed exclusively under pseudonyms (first name, first letter of the last name, or just the first name).

4.2 Ratings and comments should reflect the user's subjective opinion regarding their satisfaction with the rental item and the landlord. ShareHappyStuff does not generally verify the correctness, truthfulness, or legality of ratings and comments. Users are solely responsible for the accuracy and legality of their ratings and comments, as well as the legal consequences arising from them. ShareHappyStuff is entitled but not obliged to review ratings and comments for compliance with applicable legal regulations and these terms and conditions and, if necessary, to modify or delete them. Any misuse of the rating system is prohibited. Each user is obligated to comply with legal regulations when posting ratings and comments and, in particular, to provide truthful and objective information. Specifically, each user is obligated:

• Not to impersonate another person or entity and deceive about their own identity

• Not to harass, threaten, or otherwise violate the dignity, honor, or sexual self-determination of other individuals and landlords

• Not to make defamatory statements or disseminate libel, insults, lies, or false information

• Not to provide inaccurate or subjective ratings or comments

• Not to post ratings or comments about themselves or by third parties

• Not to use the rating and comment system in a manner contrary to its purpose

4.3 ShareHappyStuff reserves the right to delete, not display, and/or release ratings and comments after prior examination at any time without giving reasons.

4.4 Users grant ShareHappyStuff non-exclusive, unrestricted, transferable, and sublicensable usage rights free of charge to use their ratings and comments if they are protectable under copyright law, particularly the right to reproduce, make them publicly accessible, and distribute them, even in edited or modified form. ShareHappyStuff is especially entitled to use ratings and comments even after the termination of registration.

5. Conclusion of Rental Agreements

5.1 The user can submit a non-binding request for the conclusion of a rental agreement to the landlord using the platform's functions. ShareHappyStuff transmits the data provided by the user to the landlord. The landlord subsequently either rejects the request or enters into the rental agreement with the tenant.

5.2 A rental agreement is exclusively concluded between the user and the landlord. ShareHappyStuff's General Terms and Conditions do not apply to the rental agreement.

5.3 Information about the rental items comes from the providers. Ratings and comments from other users should only be regarded as subjective, personal opinions or recommendations and should not serve as a basis for transactions but at most as an indication of the quality and reliability of the respective landlords and products.

5.4 ShareHappyStuff endeavors to prevent fraudulent use of the service. Unfortunately, it cannot be ruled out in individual cases. It is recommended to determine the identity of the other contracting party before exchanging services.

5.5 If an item is damaged or stolen, you must report this immediately. The person who damaged the item must send a damage report to ShareHappyStuff. If it is a theft, or if the landlord does not return the item, a police report must be attached to the report.

6. Use of Personal Data

Personal data, especially contact details of others that are included in ShareHappyStuff's service or that the user otherwise becomes aware of while using the service, may only be used by tenants and landlords for the purpose of initiating and processing rental agreements. It is particularly prohibited to use such data for advertising purposes and to send unsolicited email, fax, or postal mail advertising or to contact individuals by phone without their consent.

7. Additional Services; Payment via ShareHappyStuff

7.1 ShareHappyStuff accepts payments on behalf of the respective landlord. These payments will be transferred to the landlord by ShareHappyStuff when both parties to the rental agreement confirm its successful completion.

7.2 ShareHappyStuff also charges a deposit to the tenant's payment method. This deposit is used for damage, loss, and theft of the rental item. The deposit is released after both parties confirm the successful completion of the rental agreement.

7.3 ShareHappyStuff generally offers PayPal as a payment method.

8. Cancellation Option

The tenant can cancel the booking by paying a cancellation fee as follows:

Before acceptance of the rental request by the landlord: free of charge

After acceptance by the landlord: 100%

The cancellation must be made through the ShareHappyStuff platform (mobile app).

If there is a statutory right of withdrawal, this remains unaffected. No cancellation fee is due when exercising the statutory right of withdrawal. The deposit is released immediately upon cancellation. The service fee is non-refundable.

9. Duration and Termination

9.1 Registration is indefinite. It can be terminated by the user at any time. ShareHappyStuff can terminate the registration at any time with a notice period of two weeks. The user can unsubscribe from their account in their personal settings to terminate the registration. ShareHappyStuff can terminate the registration via email to the user's provided email address during registration.

9.2 The right to extraordinary termination remains unaffected.

9.3 Termination of registration has no effect on the validity of already concluded rental agreements.

9.4 Ratings and comments provided by a user before the termination may, at ShareHappyStuff's discretion, remain in the system after termination, unless the user explicitly requests the deletion of their ratings and comments.

10. Liability

10.1 ShareHappyStuff is not liable for the conclusion or non-conclusion of a contract between customers or for a specific result of an advertisement. ShareHappyStuff is not responsible for the accuracy of customer identity information or for the accessibility of a customer through the provided contact details.

10.2 The liability of ShareHappyStuff and its vicarious agents is excluded, regardless of the legal grounds.

11. Amendments to the General Terms and Conditions

11.1 ShareHappyStuff has the right to supplement the General Terms and Conditions with regulations for the use of additional features, if any. The planned changes to the terms and conditions will be announced to the user by email at the email address provided by the user, at the latest, two weeks before the planned effective date. The user's approval of the change to the terms and conditions is considered granted if the user does not object to the change in writing within two weeks, starting from the day following the notification of the change (e.g., by letter, fax, email). ShareHappyStuff commits to separately draw the user's attention to the possibility of objection, the objection period, the text form requirement, and the significance or consequences of not objecting in the change notification.

11.2 If the user objects to the change to the terms and conditions in a timely and proper manner, the contractual relationship will continue under the previous conditions. In this case, ShareHappyStuff reserves the right to terminate the contractual relationship.

11.3 A change to the terms and conditions with the user's explicit consent is possible at any time.

1. Creating and Publishing Ads

12.1 Creating and publishing ads on the platform is free of charge.

12.2 A service fee of 10% of the rental fee, with a minimum of 1 Euro, is charged to the tenant when conducting a rental. The rental price is determined by the landlord.

12. Miscellaneous

12.1 The user is not entitled to set off claims unless the counterclaims are legally established or undisputed by ShareHappyStuff.

12.2 If the user is a merchant, legal entity under public law, or special fund under public law, Dubai is the exclusive place of jurisdiction for all claims arising from the contractual relationship.

12.3 German law applies exclusively, excluding such legal norms that refer to other legal systems. The Uniform Law on the International Sale of Goods (CISG) does not apply. The contract language is German.

Please note that this is a translation, and for legal purposes, you should consult the original document or seek legal advice if needed.