ShopSharing Conditions of Use

Use of the website shopsharing.com as a brand of Glocal Trade GmbH, Ziegelhüttenweg 45, 60598 Frankfurt am Main shall be governed by the following conditions and principles.

I. Object of the Agreement, Amendments

§ 1 Object of the Conditions of Registration and Use

(1) Glocal Trade GmbH, Ziegelhüttenweg 45, 60598 Frankfurt am Main (hereinafter referred to as the "Service Provider") provides a platform (hereinafter referred to as "the portal") on www.shopsharing.com, through which duly registered users can connect and communicate with each other. Users can create unique personal profiles, retrieve content available on the portal and use the other free-of-charge as well as chargeable services that are currently available on the portal based on the respective availability. Further information on the services can be found in the service description, § 8.

(2) The present Conditions of Registration and Use shall govern the provision of services by the Service Provider and the use of such services by you as a duly registered user.

(3) Information about the Service Provider:

Glocal Trade GmbH, Ziegelhüttenweg 45, 60598 Frankfurt am Main

Tel.: + 49 74 38 67 17

E-mail: info@glocaltrade.de

(4) The portal is a platform on which you as a manufacturer or distributor and/or retailer of goods are given the opportunity to rent, for instance, storage space from distributors and, at the same time, to sell your goods through the distributors and/or retailers from whom you rent the storage space.

(5) The Service Provider itself does not offer any goods and/or storage space and is not itself a party to the contracts concluded solely between the users of this platform. Also, the fulfillment of such contracts concluded via the platform shall take place solely between the users.

(6) The Service Provider shall promote the portal by itself and also provide for this purpose third-party access to the data and information regarding the goods and services, so that they can promote the products on their own website, through software applications and via e-mails.

§ 2 Amendments to the Conditions of Registration and Use

(1) The Service Provider reserves the right to amend these Conditions of Registration and Use at any time, with effect even within the existing contractual relationship. The Service Provider shall notify you of any such changes at least 30 calendar days prior to the scheduled entry into force of the amendments. If you do not object within 30 days of receipt of such notification and continue to use the services even after expiry of the objection period, the amendments are agreed to be effective from the expiry of such period. If you make an objection, the agreement shall continue under the previous conditions. In the notification of amendment, the Service Provider will advise you of your right to object and the consequences of such.

(2) In case of changes to sales tax, the Service Provider is entitled to a pay an adjustment corresponding to such an amendment, without there being the aforementioned right to object.

II. Registration on the Portal, Handling of Access Data, Termination of Registration

§ 3 Entitlement to Registration

(1) Use of the services available on the portal requires you to register as a user. There is no entitlement to registration. The Service Provider is entitled to reject registration requests without stating reasons.

(2) You are only permitted to register if you are an adult with full legal capacity. You may only register if you are a business owner, who therefore registers here because it falls within the ambit of its commercial or independent professional activities. In the case of a legal person, registration must be carried out by a fully legally capable and duly authorized natural person.

§ 4 Your Registration on the Portal

(1) Registration for the Portal is free of charge. More information on the services offered can be found under § 8.

(2) The contact details and other information requested by the Service Provider during the registration process must be fully and correctly indicated by you. When registering a legal person, the natural person duly authorized to represent the former is also to be indicated.

(3) After having provided all the required data, the latter will be checked by the Service Provider for completeness and plausibility. If the details are correct in the Service Provider’s view and there are no other concerns in its view, the Service Provider will activate the access you requested and notify you of the same by e-mail. This e-mail will be considered acceptance of your request to register. Upon receipt of the e-mail, you will be authorized to use the portal under the present Conditions of Registration and Use. For such purpose, you must first confirm your activation by clicking on the link contained in the e-mail.

§ 5 Responsibility for Access Data

(1) In the course of the registration process, you will be requested to indicate a user name and password. With this data, you can log in to the portal after activation of your access and your confirmation pursuant to § 4 (3). It is your responsibility to ensure that the user name does not violate any third party rights, particularly any name or trademark rights, and that it is not contrary to the accepted principles of morality.

(2) The access data including the password must be kept confidential by you and not made accessible to unauthorized third parties.

(3) It is also your responsibility to ensure that your access to the portal and the use of the services available on the portal are limited to you or the persons authorized by you. If there is reason to fear that unauthorized third parties have gained or will gain knowledge of your access data, the Service Provider must be informed immediately.

You will be liable in accordance with the statutory provisions for any use and/or other activity carried out under your access data

§ 6 Updating User Data

You are required to keep your data (including your contact details) up to date. If, during the period of your registration, there is a change in the data indicated, you shall immediately update the details on the portal under your personal settings. If you are not able to do so, please inform the Service Provider of your modified data by e-mail or fax.

§ 7 Termination of Registration

(1) For registration on the portal, there is a minimum contract term of three (3) months, starting from receipt of the e-mail by you, pursuant to § 4 (3). From the end of the minimum contract term, the Agreement shall automatically be renewed for an extension period of three (3) months, unless a party to the Agreement terminates the Agreement by giving a notice period of thirty (30) calendar days prior to expiry of the minimum contract term or the relevant renewal period.

(2) When the termination takes effect, the contractual relationship shall end and you may no longer use your access. The Service Provider reserves the right to block the user names and password when the termination takes effect.

(3) The Service Provider is entitled to permanently delete all data resulting from your registration upon expiry of 30 calendar days after the termination has taken effect and after expiry of any statutory time limits for data provision.

III. Services and Content on the Portal

§ 8 Offer and Availability of Services

(1) The Service Provider provides you with information on the portal and other services for temporary use. Such services may include, for instance, providing data, posts, image and sound documents, information and other content (collectively referred to as “content”), and the opportunity to create unique profiles and to connect with other users by writing personal messages. The content and scope of the services shall be governed by the respective contractual agreements and, in any case, by the respective functions currently available on the portal.

(2) The services available on the portal may also include third party services, to which the Service Provider only provides access. Provisions which are different or additional to these Conditions of Registration and Use may apply to the use of such services – all of which are indicated as third party services – and the Service Provider will inform you every time of updates or changes in regulations.

(3) The Service Provider guarantees a monthly average availability rate of 99% within its area of responsibility. The regular time maintenance window of the web portal every Sunday between 2:00 A.M. and 4:00 A.M. is not included in the calculation of availability.

In addition, the entitlement to use the services available on the portal shall only exist within the technical and operational capabilities of the Service Provider. The Service Provider shall strive for usability of its services that is as uninterrupted as possible. However, temporary restrictions or interruptions may occur due to technical disruptions (such as interruption of power supply, hardware and software errors, technical problems in the data lines).

§ 9 Changes to Services

The Service Provider is, at all times, entitled to change services provided on the portal, to make new services available free of charge or against payment and to cease provision of gratuitous services. The Service Provider will, in each case, take your legitimate interests into consideration.

§ 10 Content Protection, Responsibility for Third Party Content

(1) The content available on the portal is predominantly protected by copyright or by other protective rights and is the property of the Service Provider, of the other users or other third parties who have provided the relative content. The compilation of content as such is, if necessary, protected as a database or database property within the meaning of §§ 4 Par. 2, 87a Par. 1 of the German Copyright Act. You may only use such content in accordance with these Conditions of Registration and Use and within the framework prescribed on the portal.

(2) The content available on the portal derives partly from the Service Provider and partly from other users or other third parties. Content of users or other third parties is hereinafter collectively referred to "third party content". The Service Provider will not perform any checks on third party content for completeness, correctness and legality and therefore accepts no responsibility or liability for the completeness, correctness, legality and timeliness of the third party content. This also applies with regard to the quality of the third party content and its suitability for a particular purpose, and also as far as it concerns third party content of linked external websites.

All content on the portal is third party content, except for the content which is marked with the copyright symbol of the Service Provider.

IV. Your Use of the Services on the Portal

§ 11 Scope of the Permitted Use, Monitoring of the Usage Activities

(1) Your user authorization is limited to access to the portal as well as use of the services available on the portal under the provisions of these Conditions of Registration and Use.

(2) You are alone responsible for establishing the necessary technical requirements for contractual use of the services within your area of responsibility. The Service Provider does not owe you any advice in this regard.

(3) The Service Provider warns that your usage activities may be monitored to the extent permitted by law. This may also involve, if necessary, the logging of IP connection data and conversation histories as well as their evaluations in case of a concrete suspicion of a breach of these Conditions of Registration and Use and/or in case of a concrete suspicion of any other unlawful act or criminal offense.

§ 12 Costs

(1) Registration on the platform is free of charge.

(2) The Service Provider charges a usage fee for posting an offer. The amount of the usage fee varies depending on the usage period and the desired scope of use.

(3) For the current prices of the services offered by the Service Provider, please refer to the price list which you received by e-mail in PDF format after registration and possibly thereafter in an updated version.

(4) All prices quoted are exclusive of any applicable value added tax.

(5) The usage fees are charged in advance at the time of registration or renewal for the time period ordered.

(6) The invoice for the chargeable services used can be retrieved in your personal area.

(7) In case of default, the Service Provider is entitled to demand default interest amounting to 8% above the base rate if the user does not prove lower damages or if the Service Provider does not prove higher damages.

(8) You are only permitted to offset with undisputed or legally established counterclaims. You may only assert a right of retention if it is based on the same contractual relationship.

§ 13 Creation of User Profiles

(1) Insofar as it is available as a function on the portal, you can customize your user profile according to your preferences within the framework of these Conditions of Registration and Use. We ask you to strictly observe the restrictions under § 15.

(2) The Service Provider usually does not perform any checks on the identity of the profile holder and the information contained in the profiles. The Service Provider therefore does not guarantee that each profile holder corresponds to the person whom that profile holder claims to be.

§ 14 Posting your own Content

(1) Insofar as it is available as a function on the portal, you may, subject to the following provisions, post content on the portal and thereby make it available to third parties.

(2) By posting content, you grant the Service Provider a free of charge and transferable right to use the respective content, in particular:

To store the content on the Service Provider’s server as well as to publish it, in particular to make it publicly accessible (e.g. by displaying the content on the portal),
To process and reproduce the content, to the extent necessary for the provision or publication of such content.

Insofar as you remove the content you have posted on the portal, this shall void the right of use and exploitation previously granted to the Service Provider. However, we will retain the right to keep copies created as backups and/or for compliance purposes. The rights of use already granted to the users for the content already posted by you shall also remain unaffected.

(3) You shall be fully responsible for the content posted by you. The Service Provider will not perform any checks on the content for completeness, correctness, legality, updates, quality and usage suitability for a particular purpose.

You declare and warrant to the Service Provider that you are the sole holder of all the rights to the content posted by you on the portal, or that you are otherwise authorized (e.g. with the effective permission of the copyright holder), to post content on the portal and to warrant the rights of use and exploitation according to the foregoing paragraph (2).

(4) The Service Provider reserves the right to refuse the posting of content and/or to process, block or remove content already posted (including private messages and guest book entries), without prior notification, insofar as the posting of content by the user or the posted content itself has resulted in a breach of § 15 or insofar as there is concrete evidence to suggest that a serious breach of § 15 will occur. The Service Provider will, however, take your legitimate interests into consideration and choose the least drastic means of defense against the breach of § 15.

(5) You release the Service Provider from any claims which other users or other third parties file against the Service Provider for violation of their rights due to offers posted by you on the platform or due to your other use of the platform. The user shall also assume the costs of the necessary legal defense of the Service Provider, including all court and legal costs in accordance with the law. This shall not apply if you are not responsible for the violation of rights. You are obliged, in the event of a claim by third parties, to promptly, truthfully and completely make available to the Service Provider all information which is necessary for examination of the claims and the defense.

§ 15 Prohibited Activities

You are prohibited from any activities on or in connection with the portal which are in breach of applicable law, which violate third party rights, or which are in breach of the principles of youth protection. In particular, you are prohibited from the following acts:

Posting, distributing, offering and promoting pornographic content, services and/or products which are in breach of youth protection laws, data protection law and/or other laws and/or which are fraudulent in nature;
Using content which causes other users or third parties to be offended or slandered;
Using, supplying and distributing content, services and/or products which are protected by law or encumbered by third party rights (e.g. copyrights), without being expressly authorized to do so.

(2) Furthermore, independently of any possible breach of the law, when posting your own content on the portal and when communicating with other users (e.g. by sending personal messages, participating in discussion forums or writing guest book entries), you are prohibited from the following activities:

Spreading viruses, Trojans and other harmful files;
Sending junk or spam mail as well as chain letters;
Spreading lewd, offensive, sexually explicit, obscene or defamatory content or communication, as well as such content or communication that is capable of promoting or supporting (either implicitly or explicitly) racism, fanaticism, hatred, physical violence or unlawful acts;
Harassing other users, e.g. through repeated personal contact without or contrary to the reaction of the other user, as well as promoting or supporting such harassment;
Exhorting other users to divulge passwords or personal data for commercial or illegal/unlawful purposes;
Distributing and/or publicly communicating content available on the portal, insofar as this is not expressly permitted by the respective copyright holder or explicitly made available as a function on the portal.

(3) You are also prohibited from any act which is capable of impairing the smooth operation of the portal, particularly placing excessive strain on the Service Provider’s systems.

(4) Should you become aware of a use of the portal which is illegal, abusive, in breach of contract or otherwise unauthorized, please contact the Service Provider. The Service Provider will then investigate the matter and, if necessary, take appropriate action.

(5) If there is a suspicion of unlawful or criminal acts, the Service Provider is authorized and possibly also obliged to check your activities and, if necessary, to initiate appropriate legal action. This may also involve filing a lawsuit to the public prosecutor’s office.

§ 16 Blocking Access

(1) The Service Provider can temporarily or permanently block your access to the portal if there is concrete evidence to suggest that you are in breach of, or have breached, these Conditions of Registration and Use and/or applicable law, or if the Service Provider has another legitimate interest in blocking your access. In deciding whether to block, the Service Provider will adequately take your legitimate interests into consideration.

(2) In case of temporary or permanent blocking, the Service Provider will block your access authorization and notify you of the same by e-mail.

(3) In case of temporary blocking, the Service Provider will reactivate the access authorization after expiry of the blocking period and will notify you of the same by e-mail. Permanently blocked access authorization cannot be restored. Permanently blocked persons shall be permanently excluded from the portal and may not re-register on the portal.

V. Processing of your Personal Data

§ 17 Data Protection

(1) The quality requirements of the Service Provider include handling users' personal data responsibly (this data is hereinafter referred to as “personal data”). The personal data resulting from your registration on the portal, as well as the use of available services, will only be recorded, filed and processed by the Service Provider to the extent necessary for contractual services and permitted by law or prescribed by the Lagislator. The Service Provider will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and will not disclose it to third parties.

(2) Apart from this, the Service Provider will use your personal data only to the extent to which you have expressively given consent to. You may, at any time, withdraw consent you have previously given.

VI. Limitation of Liability

§ 18 Limitation of Liability

Offers and content published by you on the portal or other uses will not be checked by the Service Provider for legality, correctness and completeness. The Service Provider does not imply endorsement of such.

In the context of your use of the portal, the Service Provider shall be liable in accordance with the following provisions:

(1) The Service Provider shall bear unlimited liability for damages that have been caused intentionally or through gross negligence by the Service Provider or by its legal representatives, executives or ordinary collaborators.

(2) The Service Provider shall not be liable in cases of slightly negligent infringement of only minor contractual obligations. In addition, the Service Provider’s liability for damages caused by minor negligence shall be limited to those damages which can be typically expected to arise in the context of the contractual relationship (foreseeable damages typical of the contract). This also applies to slightly negligent breaches of obligation by the Service Provider's legal representatives, executives or ordinary collaborators.

(3) The foregoing limitation of liability shall not apply in the case of fraudulent intent, in the case of bodily or personal injury, for violation of warranties or for product liability claims.

VII. Other Provisions

§ 19 Requirement of Written Form

Except where expressly stated otherwise in these Conditions of Registration and Use, all declarations made in the context of registration on the portal must be submitted in written form or by e-mail. The Service Provider’s e-mail address is info@glocaltrade.de. The Service Provider’s postal address is Ziegelhüttenweg 45, 60598 Frankfurt am Main. Changes to contact details shall remain reserved. In case of such a change, the Service Provider will inform you thereof in advance.

§ 20 Applicable Law

These Conditions of Registration and Use are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention (Convention of Contracts for the International Sales of Goods, CISG).

§ 21 Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising from these Conditions of Registration and Use shall, insofar as such jurisdiction agreement is legally allowed, be the seat of the Service Provider.