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Terms & conditions

Preamble

www.e-shopping24.com is a service shopping24 Gesellschaft für multimediale Anwendungen mbH, An der Alster 45, 20099 Hamburg.


1. Services from www.e-shopping24.com

a. www.e-shopping24.com is an independent information platform free of charge for the user (hereinafter referred to as "User"), available at www.e-shopping24.com. Registered users can also post product reviews for products advertised on www.e-shopping24.com websites. Sales contracts or other contracts for the products and services displayed on www.e-shopping24.com are not concluded on the www.e-shopping24.com websites. The operators of the www.e-shopping24.com linked websites ("sellers") offer their goods to the user in their own name and for their own account. All purchases by the user and the handling (including shipping, payment, returns processing, etc.) of the transactions are handled by the seller economically and legally independent.

b. The www.e-shopping24.com websites and the linked websites of the sellers are operated independently from one another. In this respect www.e-shopping24.com assumes no liability for the fact that the goods and services displayed in the database are actually available from the seller at the stated price and under the stated conditions. Furthermore www.e-shopping24.com assumes no liability for the respective construction of the seller websites, in particular with regard to the contents of these websites as well as the technical conditions.



2. Availability of www.e-shopping24.com

a. www.e-shopping24.com strives to provide the www.e-shopping24.com service 24 hours a day, 7 days a week, taking into account maintenance, repair and downtime for updates. The use of the service is at the user's own risk. www.e-shopping24.com does not warrant that the services will be available at all times without interruption, in a timely manner, or error-free.

b. Business interruptions are possible. This applies in particular during the performance of maintenance and/or repair work and/or updates as well as for times when the web server cannot be reached via the Internet due to technical or other problems beyond the control of www.e-shopping24.com (force majeure, fault of third parties, failure of communication networks and gateways of other operators, faults in the area of the respective service provider, etc.).



3. Links to third-party websites and disclaimer of liability in this regard

a. www.e-shopping24.com and the partners linked to the www.e-shopping24.com websites operate their websites independently of each other and are solely responsible for their content, media law and technical services.

b. At the time of linking by www.e-shopping24.com, www.e-shopping24.com has checked the respective linked pages for possible legal violations. Illegal contents were not apparent at that time. However, www.e-shopping24.com cannot be reasonably expected to constantly monitor these websites with regard to their correctness, admissibility and completeness. As a result, www.e-shopping24.com does not assume any liability for the linked websites, in particular with regard to illegal, but also incorrect or false content. The responsibility for the linked site lies solely with the respective site operator. If www.e-shopping24.com becomes aware of any infringement on a linked page, the link will be removed from the www.e-shopping24.com website immediately.



4. Rights of www.e-shopping24.com

a. If www.e-shopping24.com becomes aware that content posted by the user on the www.e-shopping24.com websites violates these terms and conditions, legal prohibitions/bids, the rights of third parties or morality, www.e-shopping24.com is entitled to delete the illegal information without notice or to block access to it. In this respect www.e-shopping24.com reserves the right to check any content posted by a user for compliance with the law.

b. www.e-shopping24.com is entitled to discontinue its services in whole or in part with immediate effect and to delete all stored user data and content without giving reasons and to the exclusion of any claims for damages by users.

c. www.e-shopping24.com is entitled to delete a user's account with the associated user data if the account has not been used for more than half a year.



5. Liability

a. The content published by users on the www.e-shopping24.com websites represents solely the subjective views of the users. They do not represent the opinion of www.e-shopping24.com at any time and in any way and are therefore not attributable to www.e-shopping24.com. This applies in particular to product reviews and recommendations created by users.

b. www.e-shopping24.com is not responsible for any content posted by users of the www.e-shopping24.com websites or for the content of any external websites linked to the www.e-shopping24.com websites. In particular, www.e-shopping24.com does not guarantee that the content posted by users is true, fulfils a specific purpose or can serve such a purpose. Any use of this content, as well as the access to linked websites, is exclusively at the user's own risk. These contents represent only subjective opinions of the users and should not be regarded as the basis of any subsequent contracts. In this respect www.e-shopping24.com assumes no liability for the overall impression of a product on the basis of the individual evaluations/recommendations by the users.

c. www.e-shopping24.com is not liable for damages outside its own area of responsibility, such as those caused by interference with internet access, telephone lines, servers and other third-party equipment.

d. www.e-shopping24.com is not liable for legal violations, data losses, access disruptions and other damages of users or third parties that are attributable to the behavior of www.e-shopping24.com users. The liability for the user profiles generated by the users lies solely in their area of responsibility; this also applies to all content posted by the users on www.e-shopping24.com websites.

e. www.e-shopping24.com is not liable for loss of data, access disturbances as well as damages and infringements of rights of third parties, which can be attributed to improper use of www.e-shopping24.com by the user, system errors or failures, force majeure or external influences and which cannot be attributed to intentional or grossly negligent actions of employees or agents. External influences include in particular unauthorized access by hackers, other third parties to whom the user himself has made his account accessible contrary to point 2f, as well as system failures due to mass spamming.

f. With regard to contractual and non-contractual claims www.e-shopping24.com is liable for intentional and grossly negligent breaches of duty by www.e-shopping24.com, its legal representatives and its vicarious agents. In case of slight negligence www.e-shopping24.com is only liable for injury of life, body and health as well as for violation of essential contractual obligations. In the event of a slightly negligent breach of a material contractual obligation, www.e-shopping24.com shall be liable only to the extent of the typically foreseeable damage. This does not apply to liability under the Product Liability Act. The limitation of liability in sentences 2 to 4 also applies to breaches of duty by legal representatives or vicarious agents of www.e-shopping24.com.



6. Cyberwarfare

a. Cyberattacks of any kind on the platform / database / network of www.e-shopping24.com or individual users are prohibited. This includes in particular the procedures listed in point 4 paragraph 4. The list there is not exhaustive. Every electronic attack leads to the immediate exclusion of the user and will be prosecuted under civil and criminal law.



7. Rights of use

a. The user grants www.e-shopping24.com a temporally and locally unlimited, irrevocable and transferable right to use the content (contributions, tags, comments, text, image and sound material, etc.) of www.e-shopping24.com, which entitles www.e-shopping24.com to any kind of exploitation, in particular to the permanent provision of the contribution in the relevant forum both on its pages and on the websites of its cooperation partners and to the other marketing of this forum.

b. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the www.e-shopping24.com's agreement. In addition, copying, downloading, saving, distributing and distributing the content of the www.e-shopping24.com websites is not permitted without the prior express written consent of www.e-shopping24.com, with the exception of caches made while visiting forum pages.



8. Industrial property rights

a. According to point 4c, the user may not post, forward or distribute content to www.e-shopping24.com that is protected by industrial property rights (e.g. copyrights, licenses) held by third parties. Exceptions are cases in which the user has obtained the express written consent of the copyright holder in advance and in writing.

b. By posting, forwarding or distributing content to which third parties are entitled to industrial property rights, the user declares his authorization only to publish and use such content.



9. Indemnification from user claims

a. The user shall indemnify www.e-shopping24.com against any claims, claims for damages and other costs incurred by third parties due to any infringement of industrial property rights (in particular copyrights, licences, trademarks, distinctive signs, personal rights) and other rights to which www.e-shopping24.com is exposed as a result of the user's use of the www.e-shopping24.com services in breach of the contract by the user, any conduct of the user contrary to these General Terms and Conditions (in particular with regard to the obligations under point 4 and compliance with the industrial property rights under point 11 or for other reasons illegal or abusive conduct of the user).

b. The user assumes the costs both for out-of-court and judicial defense of such claims and demands, this includes in particular the lawyer's fees.



10. Validity of the Terms of Use

a. www.e-shopping24.com reserves the right to change these terms and conditions at any time and without stating reasons. The changed terms and conditions will be sent to the user by e-mail two weeks before they come into effect. If the user does not object to the amended GTC within two weeks after receipt of the e-mail, the amended conditions shall be deemed accepted. www.e-shopping24.com undertakes to inform the user separately of the significance of the two-week period in the e-mail containing the amended conditions.



11. Other

a. By registering to use the www.e-shopping24.com services, the user agrees to this contract.

b. Amendments or supplements to this contract must be made in writing in order to be effective. This also applies expressly to this written form requirement.

c. Should any provision of these General Terms and Conditions violate statutory provisions in whole or in part or be null and void for other reasons, this shall not affect the validity of the remaining contract. The void or ineffective provision shall be replaced by mutual agreement by an effective provision which comes as close as possible to the economically intended purpose of the ineffective provision.

d. For users and members, who possess merchant status or for other reasons can make an agreement about the place of jurisdiction, the place of jurisdiction is Hamburg, Germany.

e. This contract is subject exclusively to the law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods of 11.04.1980).

f. Status: May 2011