SHOPEUR GMBH


TERMS & CONDITIONS

1.      Scope / Definitions 
1.1    These are the Terms of Use of Shopeur GmbH, Kemenatenstr. 44, 80639Munich, Germany (hereinafter together "Shopeur", "we") who runs the websites under www.shopeur.com (hereafter together "Website"). They regulate the contractual relationship between Shopeur and the users of the Website, including our reservation services (such users hereafter "Users").
1.1    On the Website, Shopeur offers Users the possibility to reserve luxury products of selected brands by uploading pictures and, as the case may be, submitting product codes as well as selecting a certain European destination where they may collect the reserved products either at the stores of designated cooperation partners (hereinafter "Partners") or, in some cases, at their accommodation. 
1.2    Only natural persons who are able to give their legally binding consent shall be entitled to use the reservation services. In case of doubt, minors are to obtain the consent of a legal guardian. 
1.3    These Terms of Use apply to the Shopeur reservation services and the use of the Website. Terms and conditions of Users are not applicable.

2.      Our reservation services 
2.1    On the Website, you may pre-order up to six luxury products by following the process described in the following.  Within these Terms of Use, "pre-order" and "reservation" means that a product is put aside for you at a store. 
2.2    When you start the reservation process, as a first step the Website informs you about the service fees for our reservation services, the amount of which depends on the kind of product you wish to reserve. As next steps, the Website asks you to enter your name and email address, upload a picture of your desired luxury product and specify the luxury brand of your product. You may further enter the name of your product or the product code, if available. In addition, you have to select a product category and add the size of your desired product. After that step, you have the option to add another (up to six in total) products by proving the according information as described above. When there are no more products to add, you are asked about your travel destination and the date(s) on which you would like to collect your product(s) there. 
2.3    You are then being asked if you wish to collect your products at the Partners or if you would be interested in using the exclusive Shopeur delivery service. This service is currently only available at a few selected travel destinations and may not be available at all times. If you are interested in using the Shopeur delivery service, we will send you more information in our confirmation email (see Section 2.3 below). You then have the option to receive more information from us about your travel destination and enter a discount code if you should have one. 
2.4    Finally, you have to agree to our Terms of Use before submitting your pre-order request by pressing the "Submit" button on the Website. By submitting your pre-order request to us, no legally binding contract about the purchase of the product(s) between us and you is concluded. When we receive your request we check the availability of your desired product(s) at our Partner's stores. Once you have received a confirmation email from us, stating that your product(s) is/are available, you will receive an invoice from us about the service fees. In order to collect a reserved product at the Partner, you have to show the confirmation email to the Partner. However, the available product(s) will be reserved only if and to the extent you paid the service fees for such product(s) within the time period set forth in the invoice. For the avoidance of doubt, by making a reservation you are not obliged to buy the reserved product(s) and the Partner is not obliged to sell the reserved product(s). After you have paid the service fee, a contract between us and you about the reservation of the product has been concluded, i.e. the product will be laid aside for you at the Partner at the selected date(s). Please note that Shopeur has no legal obligation with regard to the sale and purchase transaction between you and the Partner. Amongst others, this means that Shopeur does not warrant any quality of the reserved products and no claims can be made against Shopeur in this regard.

3.      Availability, quality and changes to the Website 
3.1    Within technical feasibility, Shopeur will make commercially reasonable efforts to provide the Website 24 hours a day. Shopeur, however, reserves the right to temporarily limit the usability of the Website for maintenance and can not guarantee that the Website will remain free from viruses and other harmful content and errors. 
3.2    In addition, access to the Website may be partial and / or even completely closed due to internet-related disturbances and / or force majeure. Shopeur is not responsible for any kind of interference that is outside its sphere of influence (e.g. lack of internet connection). 
3.3    Shopeur is committed to constantly developing the Website. Shopeur therefore reserves the right to make changes to the Website in order to adapt it to the latest state of the art and improve its user friendliness. 

4.      Other User obligations 
4.1    You acknowledge and agree that Shopeur is not responsible for content provided by third parties in the Website. 
4.2    You are required to comply with this Terms of Use and not to use the Website for illegal purposes. You are also obliged to provide true information, in particular a correct email address that you check regularly. The email address provided by you is used to communicate with us with regards to all contractual issues and is therefore to be kept up-to-date. For the reception of emails, you should ensure that emails with the sender "payment@shopeur.com" can pass your spam filter.
4.3    You hereby grant to Shopeur the right to use the information and data provided by you pursuant to Section 2, insofar as this is necessary for the proper performance of our services. You reassure that you have the right to use any material that you upload or use in the Website and that you do not violate any intellectual property rights by uploading or using the Website, such as copyrights regarding pictures, trademark rights or design rights. Shopeur will not indemnify you in case you violate third party intellectual property rights by uploading files to the Website. 
4.4    Any actions that could affect the content and services of the Website or render them inoperable are prohibited. This applies in particular to the introduction of viruses, Trojans, worms or the like, the creation of fake profiles, the manipulation of search functions, the penetration into accounts of other users as well as the manipulation, blocking or modification of data or information of other users.

5.      Limitation of liability 
5.1    Shopeur shall be liable in accordance with statutory provisions, for fraudulent and wilful intent and gross negligence, for personal injury and death or a guarantee, according to the German Product Liability Act and to the extent that liability under statutory provisions is otherwise mandatory. In the absence of any of the aforementioned cases, Shopeur shall be liable for negligence only in the event of a breach of a material contractual obligation, with the liability being limited to the compensation of the typical damages foreseeable at the time of conclusion of the contract. Material contractual obligations are contractual obligations the fulfilment of which enables proper performance of the contract and the compliance therewith the contractual partner may regularly trust upon, or a breach of which jeopardizes the purpose of the contract. Apart from that, the liability of Shopeur is excluded. 
5.2    The limitation of liability applies accordingly for employees and vicarious agents of Shopeur.

6.      Privacy 
The privacy policy of Shopeur applies to the Website, which can be accessed at the following link: http://shopeur.com/en/p/legal-notice-1054.html

7.      Final provisions 
7.1    The reservation services and the use of the Website shall be governed by the laws of the Federal Republic of Germany under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law does not apply to consumers in so far as it would deprive them of the protection provided by mandatory provisions of the law of the EU country in which the consumer is habitually resident. 
7.2    Any disputes under or in connection with this Terms of Use (including those regarding its validity) shall be exclusively settled in the courts of Munich, Germany.
7.3    Should any provision of this document be or become invalid or unenforceable, the remaining provisions shall remain unaffected. 
7.4    The contract language is English, unless otherwise specified by mandatory consumer protection regulations. 

Last updated: April 2017