DeutschGeneral Terms and Conditions
of sole trader Andrea Cecconi, Stephansplatz
4, A-1010 Wien,
VAT Reg. Nr. ATU10555905, business purpose: commerce pursuant, limited to
retail trade, member of the Austrian Federal Economic
Chamber, trade section, as service provider, media owner and editor of
www.shopulate.com.
1. Coverage
1.1. The General Terms and Conditions of 1.1.2007 apply for all entries in connection with the website [www.shopulate.com]. Arrangements differing from these conditions will not be accepted unless it is explicitly acknowledged by Andrea Cecconi in written form.
1.2. www.shopulate.com is an online platform where business clients – not consumers – obtain the possibility to present their webshop without rendering a charge or fee. Beyond that, Andrea Cecconi will not offer any other goods and/or services on www.shopulate.com.
1.3. By registering your webshop on www.shopulate.com you (in the following referred to as the „client“) guarantee to be businessperson (thus not consumer) and to have provided your true identity and correct data.
2. Entries on www.shopulate.com
2.1. A contractual relationship shall come into existence exclusively between client and Andrea Cecconi. The contractual agreement can be met either in German or in English language. On an registration page www.shopulate.com offers the client the possibility to provide a description of his shop as follows and to quote the following data: username and password, name of the shop, category, e-mail, URL, postal address, description of the shop, payment modality in the shop, logo, language of the shop, html-title-tag, html-meta-keywords, html-meta-description.
2.2. The client guarantees that the provided data do not infringe these General Terms and Conditions and do not violate applicable law, third-party-rights respectively public morals and that he is using the data legally. The client will confirm rightness and completeness of the registration data in writing and/or prove them by document, if demanded by Andrea Cecconi.
2.3. The registration shall have binding force for the client as soon as he activates the button „Submit“ on the registration page of www.shopulate.com. The client will receive an automatic confirmation by e-mail that Andrea Cecconi has received the order. The confirmation e-mail is provided with a link to these General Terms and Conditions. The confirmation does under no circumstances state an acceptance of the order by Andrea Cecconi.
2.4. The acceptance by Andrea Cecconi shall be effected by clearance of the client’s registration. There is no legal claim to receive a clearance. The contractual wording of the order/entry will be stored electronically. The client is not entitled to access the wording after order.
2.5. After clearance the client will receive the log-in data which enable him to modify the entry. In addition, the client is obliged to place two backlinks to be defined by Andrea Cecconi on www.shopulate.com. At the time of the client’s first log-in with the log-in data he will be provided with an html-code which has to be integrated into the source code of the client’s website’s starting page. This html-code will generate a link to the starting page of www.shopulate.com as well as a link to the client’s entry on www.shopulate.com.
2.6. Entries will be arranged within a category alphabetically, according to their postcode or other criteria to be assigned by Andrea Cecconi. The client is entitled to modify category, title and description of the entry. Under no circumstances is the client entitled to provide a third party (not even temporarily) with his log-in data to www.shopulate.com. Any electronic or nonelectronic storage of the log-in data is forbidden.
3. Rights of Andrea Cecconi
3.1. Andrea Cecconi is entitled to modify or delete category, title and description of the registered entry upon its first entry, its modification by the client and at any time e.g. upon deletion or inclusion of a new category.
3.2. Andrea Cecconi reserves the right to decline entries particularly for the following reasons:
- pages are neither in German nor English language;
- inconnectivity of the webpage or the host server;
- no substantial factual content;
- content is not suitable for the concept of www.shopulate.com;
- violation of the General Terms and Conditions, applicable law, third-party-rights or public morals. This shall also apply in case the webpage links to another page where a violation occurs or where forwarding to such a page is caused.
3.3. Andrea Cecconi is entitled to reorganise or modify these General Terms and Conditions in any other way.
3.4. Andrea Cecconi is entitled to transmit promotion e-mails to the client.
3.5. The client transfers to Andrea Cecconi the unlimited right to use and particularly publish the entered data on www.shopulate.com as well as on other websites which belong to Andrea Cecconi’s business.
4. Client duties
The client ensures not to violate applicable law, third-party-rights or public morals. He is obliged to backup his data before and after the use of www.shopulate.com. The client will indemnify Andrea Cecconi entirely from possible claims of third parties resulting from an infringement of the here-mentioned obligations. The client is obliged to integrate the html-code provided by Andrea Cecconi into the starting page of the client’s website.
5. Warranty and liability
5.1. Andrea Cecconi shall not be liable for the accessibility of the website and – with the exception of personal injury – for own actions and those of auxiliary persons which are not caused by gross negligence. The client has the burden of proof regarding the existence of intention and gross negligence. The compensation of consequential damage, pecuniary loss, unrealised savings, loss on interest and damage due to third-party-claims is foreclosed.
5.2. Since the actual service is free of charge or fee, Andrea Cecconi does not guarantee the accessibility of the webpage www.shopulate.com.
5.3. It is upon the client to choose the communication channel. Therefore Andrea Cecconi shall not be liable for transmission errors and other incidents of the sort. The assumption of the risk of loss or modification of the transmitted data remains on the client’s side up to respectively from the network interface of Andrea Cecconi.
5.4. The client shall bear unlimited responsibility and liability for compliance with these General Terms and Conditions and shall be obliged to indemnify Andrea Cecconi as well as third parties entirely from possible damage and loss resulting from an infringement of the here-mentioned obligations. Any liability and responsibility on the part of Andrea Cecconi in this context is foreclosed.
6. Applicable law and legal venue
Austrian law is the solely applicable law. Conflict rules and the Vienna Convention on the Sale of Goods are excluded. Sole legal venue for all claims regarding the business relationship is the factually competent court for the first district of Vienna (Innere Stadt Wien). In addition, Andrea Cecconi is entitled to take legal action before the client’s general legal venue.
7. Privacy statement
All personal data will be kept in confidence. Data necessary for business processing will be stored electronically and referred to associated businesses within the processing of the order (as far as absolutely necessary). The client grants his explicit consent to the storage and processing of his data. Other data than those necessary for executing the contract will not be determined.
8. Final clause
As far as terms or substantial parts
of the General Terms and Conditions may be or may become completely or partly
invalid, the residual terms shall remain effective. As a substitute for invalid
terms a rule shall supersede which the parties would have agreed upon in awareness
of the invalidity in order to achieve the same (economic) result.
