Terms and Conditions

1. Operator

The operator SKAJ Ventures GmbH, Sonnenlandstraße 4, 14471 Potsdam, Germany, email: info@wishly.de (hereinafter referred to as Wishly or the operator), grants free use of the website https://www.wishly.uk on condition that the following terms of use (Terms and Conditions) are accepted by the user.

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.

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 other users. The user gives their consent to this. The user decides for themselves which information they enter on their wishlist.

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.

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.