General terms and conditions

(1) These general terms and conditions apply to the use of the NotdienstFair mediation platform, operated by Niels Hofmann, Bullersbarg 2, 21279 Appel, Germany (the “platform operator”).

(2) NotdienstFair is a mediation platform. The platform operator mediates trade services between customers (the “users”) and independent trade businesses (the “providers”). The platform operator does not itself provide the trade service.

(3) The contract for work and services relating to the trade service is concluded solely between the user and the relevant provider. The platform operator does not become a party to that contract.

(4) By using the platform, the user accepts these terms and conditions. A provider’s own terms and conditions may apply in addition.

(1) NotdienstFair’s mediation service includes:

• Providing a configurator in which the problem can be described
• Displaying available, verified providers with fixed prices
• Mediating an order between the user and a provider
• Providing status notifications as the order progresses
• Providing a review system after the order has been completed

(2) Use of the platform is free of charge for the user. The platform operator receives its remuneration from the provider in the form of a mediation commission.

(3) Before admitting providers to the platform, the platform operator checks their identity, business registration, evidence of insurance and, depending on the activity, any required trade-specific evidence. This does not constitute a guarantee of the quality of an individual trade service.

(1) All prices shown on the platform are gross prices including statutory value added tax and travel costs.

(2) The price shown in the configurator and confirmed by the user when booking is binding under the fixed-price guarantee. The provider may not increase that price unilaterally.

(3) Additional services, such as installing a new lock cylinder, may become necessary on site if the actual scope of work differs from the result produced by the configurator. Before any such additional service is performed, the exact price is shown to the user and the user must give explicit digital approval by confirming it in the app or on the website. Without that approval, the provider may neither perform nor charge for the additional service.

(4) The digital approval is documented and stored together with a timestamp, the IP address and the exact text shown in order to preserve evidence.

(1) Displaying providers on the platform does not constitute a legally binding offer, but an invitation to treat (invitatio ad offerendum).

(2) By clicking the “Book with obligation to pay” button, the user submits a binding offer to conclude a contract for work and services with the selected provider.

(3) The contract for work and services is concluded when the provider accepts the order. The user is notified of acceptance by SMS or push notification.

(1) Payment for the trade service may be made by any of the following methods:

• Online payment: through Stripe using a credit card, direct debit or another available payment method
• Cash payment: directly to the technician on site after the service has been completed
• Debit card payment: to the technician on site, if offered by the provider

(2) For online payments, the amount is not captured until the trade service has been completed. Before then, only an authorisation hold is placed.

(3) If, during the job, the user expressly approves an additional service at a stated additional price, the existing authorisation may be increased by precisely that amount before the additional service is performed. If the additional authorisation fails or the payment method does not support it, the additional service is not deemed approved and may neither be performed nor charged.

(1) Consumers generally have the statutory right of withdrawal under section 312g(1) and section 355 BGB in relation to distance contracts and off-premises contracts.

(2) Under section 312g(2) no. 11 BGB, there is no right of withdrawal for contracts under which the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. This exception does not cover additional services provided during the visit that the consumer did not specifically request, or goods supplied during the visit that are not necessarily required as replacement parts for the maintenance or repair.

(3) Where the exception for urgent repairs or maintenance does not apply, the right of withdrawal from a contract for the provision of services expires only once the service has been fully performed and the further requirements of section 356(5) BGB have been met. Before booking, we obtain and record the consumer’s explicit request for performance to begin before the withdrawal period has expired and the required acknowledgement that the right of withdrawal may consequently expire.

(1) The platform operator is not liable for the quality of the mediated trade service. The relevant provider alone is responsible for claims relating to defects under the contract for work and services.

(2) The platform operator’s liability in relation to the mediation service is limited to intent and gross negligence. This limitation does not apply to loss of life, bodily injury or damage to health, or to the breach of essential contractual obligations.

(3) If an essential contractual obligation is breached, the platform operator’s liability is limited to the loss that is typical of the contract and was foreseeable.

(4) The platform operator is not liable for the platform being continuously available or for technical faults.

(1) After an order has been completed, customers may review the provider by awarding one to five stars and, optionally, adding a comment.

(2) Reviews must be truthful and objective. Abusive criticism, insults and statements of fact that are clearly untrue are prohibited and will be removed by the platform operator after review.

(3) Providers have the right to respond publicly to reviews.

(4) The platform operator does not proactively check the substantive accuracy of reviews. A review will be investigated if a substantiated complaint is made.

Information about the processing of personal data is provided in the privacy policy, which is also linked at the end of this page.

(1) The law of the Federal Republic of Germany applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) If any provision of these terms and conditions is or becomes invalid or unenforceable, the validity of the remaining provisions is unaffected. The statutory provisions take the place of the invalid or unenforceable provision.

(3) The platform operator reserves the right to amend these terms and conditions with effect for the future. Users will be informed of amendments in good time.

(4) The place of jurisdiction is determined by the applicable statutory provisions.