General conditions of donation

§ 1 General

(1) We, the Wilderness International Foundation, represented by the Board of Directors, Grundstraße 1, 01326 Dresden, Germany (hereinafter also referred to as "we" or "Wilderness") accept donations for the purpose of environmental protection, especially of the forest, in accordance with the following provisions.

 

(2) The acceptance of donations is governed exclusively by these General Terms and Conditions for Donations, unless otherwise contractually agreed in individual cases. Any deviating General Terms and Conditions of Visitors are expressly rejected.

§ 2 Definitions

For the purposes of these General Terms and Conditions of Donation are understood:

  1. "Visitors": Persons who access the website of our donation platform;
  2. "Donor": Visitors who trigger the donation function in order to send Wildnerness a sum of money (§§ 516 ff. BGB);
  3. "Donation": the gratuitous contribution of the donor;
  4. "Purpose of the donation": the donor's intention expressed at the time of donation as to how the donation should be used by Wilderness;
  5. "Spons orship": an internal and purely non-material assignment of a specific piece of land to a donor in order to enable the donor and third parties to better understand the use of their donation from the point of view of transparency. The sponsorship has no external legal effect; in particular, it does not entail any acquisition of ownership by the donor or any other right of use by the donor with regard to the land subject to the sponsorship. Wilderness will endeavor, but is not obliged, to take into account any wishes of the donor to reference a particular piece of forest;
  6. "Permanent donation": a promise by the donor, revocable with effect for the future, to make an individual donation pledged in advance for an unlimited period of time and at times to be determined in advance (e.g. monthly).

§ 3 Execution of a donation

(1) We provide the technical requirements for the use of our donation platform in accordance with the following provisions and to the extent described therein.

 

(2) The data communication for this purpose is carried out by the donor through independent online access - such as via the web browser or a corresponding app.

 

(3) The details regarding the process of the donation as well as the receipt of a donation receipt, if requested, are described in each case at a suitable place on the Internet pages of our donation platform.

 

(4) Depending on whether the donor wishes to make a free donation - without a specific donation purpose beyond the topic of environmental protection - or wishes to link a donation purpose to their donation, the donor first makes the appropriate selection, checks the content of their pledge on the subsequent overview page and completes the donation by clicking on the "Donate now with obligation to pay" button. Until the donation is completed, the donor can cancel the donation at any time by clicking the "Back" button and closing the browser window. If the data has been successfully transmitted as part of the donation, the donor will immediately receive a confirmation by e-mail. This confirmation of receipt also constitutes acceptance of the donation. Depending on the payment method selected (e.g. PayPal), the donation will then be made directly by the donor or collected by Wilderness by direct debit.

 

(5) The donor receives a donation receipt ("donation confirmation") for his donation. Wilderness will send this within 21 days after the donation has been made.

 

(6) The content of the contract will be stored by us for the duration of the fulfillment of the contract (legal basis for this is Article 6 para. 1, p. 1, lit. b) DS-GVO), secondarily for the fulfillment of our (in particular tax) legal obligations (legal basis Article 6 para. 1, p. 1, lit. c) DS-GVO). The content of the contract will also be sent to the donor with the acceptance and can be sent to him in text form as a copy upon request in the event that his documents are lost.

 

(7) We shall be entitled to have our services rendered by third parties.

§ 4 Special features of a permanent donation

(1) If the donor chooses the option of a permanent donation, the promised amount of money will be debited as a single donation at the agreed times. With regard to future payments, the donor may revoke the promise of payment at any time with effect for the future until such payments are made.

 

(2) Since any repayments of individual payments already collected involve considerable personnel and financial effort on the part of Wilderness, the donor is requested, in the event that the Permanent Donation option is selected, to declare any revocation with reasonable notice of at least 5 calendar days.

 

(3) The donor will receive a summary annual donation receipt ("donation receipt" for all donations made in the previous calendar year under the permanent donation rule) for his donations made under the permanent donation rule. Wilderness will send this receipt by 31.01. of the following year. 

§ 5 Secondary obligations of the donor, use of the foundation name and advertising content by the donor, business basis of the donation or its acceptance by Wilderness.

(1) If the donor decides to make his payment by direct debit, he shall ensure that the donation can be debited. Any fees for a return debit note due to insufficient funds shall be borne by the donor.

 

(2) Should the Donor unlawfully dispute the donation with the issuer of his/her means of payment (e.g. credit card) or otherwise unlawfully have the donation reversed via his/her bank, the Donor shall reimburse Wilderness for any fees incurred by the payment service provider as a result.

 

(3) Wilderness permits the donor to use the foundation name, the texts, photos and graphics provided by Wilderness on its own website under "Downloads" as part of any printed and digital communication by the donor, i.e. in particular to reproduce, distribute and make publicly available. In this respect, the editorial and graphic adaptation of the content by the donor is also permitted (e.g. translations, shortening of texts for various social media services, adaptation of graphic formats for output on third-party platforms). The permission extends exclusively to the communication around any engagement of the donor for the purpose of environmental and especially forest protection with recourse to the work of Wilderness. A granting of rights (license) is not connected with this, but only a (non-transferable) permission under the law of obligations. The donor will respect the copyright. As far as in the download area nothing else is indicated at the concrete contents, wish the or the originator designation in the form "originator: name originator source: www.wilderness-international.org".

 

(4) The business basis is that Wilderness is committed to environmental protection, especially forest protection, and that this purpose should also be expressed in the context of the external impact. If this business basis is disturbed (e.g. by scandals regarding environmentally harmful actions and/or omissions on the part of the donor), Wilderness is free to reverse any donations made to the donor even after they have been made. In the event of a reversal, any donation receipts already issued must be returned immediately or - in the case of digital delivery - deleted by the donor and any recipients (e.g. the tax authorities) must be informed of their discontinuation.

§ 6 Choice of Law, Place of Performance and Jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers (§ 13 BGB) who order from another member state of the European Union or another contracting state of the Agreement on the European Economic Area, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (so-called "favorability principle").

 

(2) The place of performance and jurisdiction for all disputes arising from and in connection with this contract shall be Dresden, Germany, for contracts with merchants, legal entities under public law or special funds under public law.

Status: November 2022