General Terms and Conditions (GTC) – in-gear.de
1. Scope and provider
These General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all contracts and the use of the web platform in-gear.de within the European Union. The operator and contractual partner of the platform is in-gear.de, Ehlert Hasseln, Kolonnenstraße 8, 10827 Berlin (Germany) – hereinafter "Provider" – at the email address info@in-gear.de. The platform is aimed at both Business customers (especially clubs, organizers, associations and commercial providers) as well as Private customers (Consumer).
consumer For the purposes of these General Terms and Conditions, a “customer” is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. Entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity. As far as these General Terms and Conditions refer to "Customers" This refers to both consumers and businesses.
The provider provides all deliveries and services exclusively on the basis of these General Terms and Conditions in the version valid at the time of contract conclusion. Conflicting or deviating terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity in writing. Privacy Policy This is indicated; it is available on the website and applies in addition. The content of the platform is suitable for minors; pornographic or harmful content will not be published.
2. Services of the provider
The provider operates under in-gear.de a publicly accessible online platform where dates and events from the gay leather and fetish scene are published. Basic use of the website (accessing information about events) is free and does not require registration. In addition, the provider offers the following paid digital services to:
Note: All paid offers and services of the provider are – unless otherwise stated – digital servicesThe content of the platform (event data, descriptions, images, etc.) is researched to the best of our knowledge or provided by third parties. However, the provider is not responsible for not the success an event or a certain number of participants through advertising, but merely the contractually agreed presentation of the information on the platform and, if applicable, in the newsletter.
3. Conclusion of contract and booking process
Presentation of services: The presentation of bookable services (advertising highlights and newsletter subscriptions) on the platform still represents no binding contractual offer This does not represent an offer from the provider, but rather an invitation to the customer to submit an offer to conclude a contract. The customer can select the desired service via the website and enter the required data. Input corrections are possible at any time before submitting the order (e.g. via the usual browser functions or buttons provided in the booking system); all information is displayed on an overview page before the binding order.
An order: By clicking on the corresponding order or booking button (“order with payment” or similar), the customer enters binding offer to conclude a contract for the selected service. The provider will confirm receipt of the order immediately by email to the email address provided by the customer. This automatic confirmation of receipt does not constitute no acceptance This does not constitute a contractual offer, but merely informs you of the receipt of your order. For subscriptions, the "Subscribe for a fee" button provides information about the recurring monthly payment.
Contract acceptance: A contract is only concluded when the provider accepts the customer’s offer expressly accepts – for example, through an order confirmation via email – or actually providing the booked service. For promotional highlight bookings, acceptance can occur, for example, by activating and publishing the booked event as a "highlight" on the platform. The offer is deemed accepted at the latest when the service begins to be provided. If the provider rejects an order (e.g., because the requirements are not met or content violates the Terms and Conditions), the customer will be informed; in this case, any payments already made will be refunded.
Contract language and storage: Contracts via the platform are concluded exclusively in German language The complete contract text (order data and applicable terms and conditions) will be saved by the provider and sent to the customer immediately after conclusion of the contract free of charge by email in PDF format made available so that it can be saved on a permanent storage medium.
Special conditions for highlight bookings: The offer to book highlight advertising is aimed exclusively to business customers (entrepreneurs)By submitting a Highlight order, the customer confirms that they are acting as an entrepreneur or on behalf of a company and are publishing the advertised event in the exercise of their commercial or independent activity. The provider is entitled to request appropriate proof of entrepreneur status or event organizer status. No right to acceptance: The provider may reject highlight bookings if there are objective reasons – for example, if the planned content violates Section 5 (User Obligations) or the event offering does not fit the thematic focus of the platform. In this case, the customer will be informed; any contract already concluded will be reversed, and any fees paid will be refunded. Otherwise, the customer has no right to conclude a contract.
If the provider definitively rejects a highlight booking or terminates an already activated highlight for reasons for which the customer is not responsible, the provider will refund the customer the fee already paid pro rata within 14 days using the originally used payment method.
Special conditions for newsletter subscriptions: The paid newsletter subscription can be purchased from natural persons aged 18 and over By ordering the subscription, the customer confirms that they are of legal age and have full legal capacity. The subscription begins as soon as the provider accepts the order and prepares or sends the first newsletter. Details regarding the term, renewal, and termination of the subscription are regulated in Section 6.
4. Prices, billing and payment terms
Prices: All prices for paid services are in euros (€) All prices are final prices. According to Section 19 of the German Value Added Tax Act (UStG), no sales tax is charged (small business).
Payment processing: Payment is made via PayPal Checkout. Various payment methods are available to the customer within the framework of PayPal Checkout, in particular: PayPal balance, credit card, Debit card, Purchase on account and SEPA direct debitThe available options will be displayed to the customer during the ordering process. Payments made via PayPal may be subject to the payment service provider's terms of use. The customer authorizes the provider or PayPal to collect the amounts due at the time of the order or upon subscription renewal from the payment method selected by the customer.
Due date and prepayment: The fee for booked services is – unless otherwise agreed in individual cases – immediately upon conclusion of the contract is due for payment. For highlight advertising, the full fee for the booked period is due in advance. For newsletter subscriptions, the subscription fee is due at the beginning of each billing period (monthly). If payment is processed by direct debit or purchase on account via PayPal, the customer is responsible for ensuring that the specified account has sufficient funds and that any invoice amounts due are paid on time. Late payment: If the customer defaults on two consecutive payments and the provider has unsuccessfully set a reasonable deadline (at least 14 days) after a reminder, the customer may block access to the respective service or – in the case of a newsletter subscription – terminate the subscription without notice. Further statutory rights of the provider in the event of late payment remain unaffected. Any fees resulting from returned direct debits or incorrect bookings are the customer's responsibility.
Invoicing: The customer will receive an electronic invoice (via email) to the email address provided during the order process. For subscriptions, the customer will receive an invoice for the new billing period upon each renewal. The customer is obligated to notify the provider immediately of any changes to their billing address or email address.
5. Obligations of users; rights of use of content
Truthful information: The customer is obliged to comply with the following when using the platform and when concluding contracts: truthful and complete information In particular, the required contact details and any information about the event must be provided correctly when making bookings. Changes to relevant data (e.g., email address, payment information) must be reported to the provider. The customer may not commit identity fraud or create accounts or bookings under a false name.
Terms of use and prohibited content: Each user must respect applicable laws and common decency. In particular, the platform may not be used no illegal content distributed or linked. The following are prohibited, among others:
Responsibility for user content: The customer bears the full Responsibility for the contentthat he posts on the platform (e.g. event descriptions, pictures, profile information). The provider does not carry out any prior review of all content; posted content originates from the respective users and represents not the opinion or position of the provider. The customer assures that the content submitted by him is correct, current and legal and does not violate the rights of third parties. If the customer violates culpable If the content he has posted infringes the rights of third parties, he indemnifies the provider against any resulting claims by third parties. This indemnity only covers necessary and appropriate Legal defense costs. The indemnification obligation applies to the extent that the customer caused the infringement culpably, or at least negligently.
Granting of rights of use to content: By uploading or providing content (e.g. photos, graphics, texts), the business customer grants the provider a simple, spatially unrestricted right of use for the duration of the contract and for the presentation or promotion of the event in question After the contract ends, the right of use ends; backup copies may only be stored for as long as they are required for statutory retention periods or legal defense. This right of use includes, in particular, the right to access the content on the platform to make publicly accessible, in the newsletters to reproduce and distribute, they may be used for display purposes. to adapt technically (e.g., adjusting the format or size of images) and to use them in connection with the promotion of the event. Further rights of use remain with the customer. The customer guarantees that he is authorized to grant these rights. The provider is entitled, but not obliged, to use content provided by the customer. There is no right to publication (see above). The provider can change content at any time. remove or block, particularly if there are indications of a violation of these Terms and Conditions or applicable law. In such a case, the customer has no right to restore the content or reimbursement of fees already paid, provided that the customer is responsible for the exclusion of the content.
Use of the platform: The user may only use the platform, including the content and functions provided, within the scope of the contractual purpose In particular, it is prohibited to use the platform or parts of it to manipulate technically, to carry out automated queries (e.g. by bots or scripts) without the consent of the provider, to circumvent security precautions or to misuse functions. Redistribution of content Use of the platform outside of its intended use (e.g., mass copying of event data) is not permitted. Likewise, access data may not be improperly shared with third parties (if applicable, e.g., for customer accounts for business customers). In the event of a violation of these Terms and Conditions or legal requirements, the provider is entitled to block or delete the affected content. If the customer is not responsible, the provider will either repair the defect, provide a replacement by mutual agreement or refund the proportionate fee.
6. Contract term, extension and termination
Highlight advertising (business customers): Contracts for booking advertising highlights for events are subject to a time limit fixed-term contractsThe term is determined by the booked advertising period (e.g., a certain number of days/weeks before the event). The contract ends automatically at the end of the agreed advertising period without the need for notice. Ordinary termination is excluded during the booked period, provided the booking period does not exceed 3 months. For longer booking periods, the business customer can terminate the contract with one month's notice to the end of the month. extraordinary termination for good cause remains unaffected. Good cause for the provider exists in particular if the business customer violates essential obligations of these General Terms and Conditions (in particular Section 5) and does not immediately remedy the violation despite a request to do so. In this case, the provider may terminate the placement prematurely; the customer has no right to a refund of fees already paid unless the provider is responsible for the premature termination.
Newsletter subscription (private customers): The newsletter subscription has a Minimum term of one month from the start of the contract. Unless terminated, it will be automatically renewed for another 1 month (continuing subscription). Termination by the customer: The customer can cancel the newsletter subscription at any time with effect from the end of the period. To do so, he or she has a permanent clearly named cancellation button “Cancel contracts here” according to § 312k BGB available; alternatively, we accept cancellations in text form (email is sufficient). Cancellations will take effect at the end of the subscription period already paid for; any fees already paid in advance for the current period will not be refunded pro rata. Termination by the provider: The provider is entitled to cancel the customer’s newsletter subscription with a notice period of 2 weeks to the end of the month The right to block or terminate the contract for good cause (e.g., in the event of default by the customer or misuse) remains unaffected.
After termination (by the customer or provider) becomes effective, the customer will no longer receive any further paid newsletters. Until then, the customer may use newsletters already received and their contents in accordance with the terms of use; further use or distribution of the content after the end of the subscription is not permitted unless permitted by law.
7. Right of withdrawal for consumers
Cancellation policy: Customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB) are generally entitled to a statutory right to information when concluding a distance contract with the provider. Right of withdrawal The provider will inform you about this below. Entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) no right of withdrawal granted.
Right of withdrawal: You have the right to fourteen days to withdraw from this contract without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract (for subscription contracts, from the date of initial conclusion of the contract).
To exercise your right of withdrawal, you must contact us (in-gear.de, owner Ehlert Hasseln, Kolonnenstraße 8, 10827 Berlin, email: info@in-gear.de) by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract, inform. You can use the attached Sample cancellation form However, this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the notification of your exercise of the right of cancellation before the expiry of the withdrawal period send.
Consequences of revocation: If you withdraw from this contract, the provider has all paymentsreceived from you, including any delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by the provider), without undue delay and at the latest within fourteen days from the date on which the provider receives notification of your cancellation of this contract. For this refund, the provider will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. Fees charged.
Have you requested that the Services (e.g. newsletter subscription) should begin during the withdrawal period, you may have to provide the provider with a reasonable amount This amount corresponds to the proportion of the services (or newsletter content delivered) already provided up to the point in time at which you notify the provider of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. A notice: The right of withdrawal also expires in the case of a contract for the provision of digital services if the provider has fully provided the service before you exercised your right of withdrawal, and if you have expressly requested the provider to begin providing the service during the withdrawal period before the start of performance and have confirmed your knowledge that you will lose your right of withdrawal upon full performance of the contract by the provider. (Such a constellation may be relevant, for example, for one-off, time-critical services or individual requests; in the case of the monthly newsletter, however, the provider provides the service continuously and not all at once.)
Sample cancellation form:
If you wish to cancel the contract, please fill out this form and send it back to info@in-gear.de:
– I hereby revoke the contract I concluded for the purchase of the newsletter/service…
– Ordered on … / received on …
– Name of the consumer
– Consumer’s address
– Signature of the consumer (only if notification is made on paper)
- Date
8. Liability of the provider
Liability principles: The provider is liable to the customer in cases of Intent and gross negligence unlimited according to the legal provisions. simple (minor) negligence The provider is liable – except in cases of injury to life, body or health – only in the event of a breach of essential contractual obligation. Essential contractual obligations (cardinal obligations) are those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely. In these cases of simple negligence, the provider's liability is limited to the amount of typically foreseeable damage.
The above limitations of liability apply accordingly for legal representatives, employees and vicarious agents of the provider. Insofar as the liability of the provider is excluded or limited, this also applies to any personal liability of bodies, employees and vicarious agents.
No disclaimers: The limitations of liability agreed in this section apply not in the case of the acquisition of a express guarantee by the provider and for liability under the Product Liability Act (where applicable) and in the event of injury to life, body or health.
Third-party content and external links: The provider is not responsible for third-party content published on the platform by customers or third parties (e.g. event data, comments, uploaded media) and does not adopt this content as its own. Liability for such third-party content is excluded as long as the provider has not positive knowledge of a specific violation of law. As soon as the provider becomes aware of illegal content, he will react promptly and remove the content within reasonable limits. External links on the platform, if available, are provided for information purposes only. The provider has no influence on the content of external websites to which links are provided and assumes no liability for them. At the time the links were created, no legal violations were apparent.
Platform availability: The provider strives to ensure high availability and uninterrupted operation of the platform and the services offered. However, the provider assumes no liability no guarantee for the uninterrupted availability or accessibility of the services. In particular, maintenance work, further developments, or technical malfunctions may temporarily restrict use. The provider strives to achieve an average technical availability of the platform of 96 hours per calendar year. Excluded from this are periods of planned maintenance and updates (max. 24 hours per month) and outages beyond the provider's control. If this is not met, the customer may reduce the price; further statutory rights remain unaffected. Unforeseeable failures (e.g., force majeure) are excluded from this. If availability is not achieved, the customer is entitled to statutory rights (e.g., price reduction).
No event organizer: The provider only operates the platform for information and advertising about events, but is not the organizer of the listed events. For the Implementation, quality and legality The respective organizers are solely responsible for the advertised events. The provider assumes no liability for the actual occurrence of an announced event, its intended purpose, or the fulfillment of specific visitor expectations. In particular, the provider is not liable for damages incurred by the user as a result of participating in or failing to participate in an event. Contracts for attending the event are concluded exclusively between the user and the respective organizer; the provider is not involved.
9. Final provisions
Applicable law: The law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG). However, with regard to consumers habitually resident in another EU member state, the mandatory consumer protection provisions and rights of the respective country of residence remain unaffected.
Place of jurisdiction: If the customer Merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, Place of jurisdiction for all disputes arising from this contractual relationship, the registered office of the provider (Berlin, Germany). In this case, the provider is also entitled to sue at the customer's registered office. Consumer relations the statutory jurisdiction rules apply: actions brought by the provider against the consumer must be brought before the court of the consumer's place of residence, and actions brought by the consumer against the provider can be brought before the registered office of the provider or before the courts of the state in which the consumer is domiciled.
Contract transfer: The provider is entitled to transfer its rights and obligations under this contractual relationship to another company with a notice period of four weeks, provided that this company can continue to provide the services to the same extent. In the event of such a contract transfer, the customer may one month after receipt of the notification terminate free of charge. If the user fails to do so, the contract transfer shall be deemed accepted.
Changes to the Terms and Conditions: The provider reserves the right to change or supplement these terms and conditions in the future, insofar as this is necessary due to legal changes, supreme court rulings, technical changes, or extensions of the services. The provider will offer the customer planned changes to the terms and conditions in text form. The changes will be only effective if the customer agreesIf the customer refuses, either party may terminate the contract at the end of the current billing period.
No participation in dispute resolution proceedings: The provider points out that he does not participate in dispute resolution proceedings before a Consumer Arbitration Board within the meaning of the VSBG and is not obliged to do so. The EU Commission provides a platform for out-of-court online dispute resolution (so-called OS platform), which the customer can use at https://ec.europa.eu/consumers/odr/ Our email address in this regard is kunden@in-gear.de.
Severability clause: Should individual provisions of these Terms and Conditions ineffective or unenforceable Should any provision of these Terms and Conditions be or become invalid/unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory provision. The same applies to any gaps in these Terms and Conditions.
As of May 2025
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