- Scope / Definitions
1.1 On the Website, Shopeur offers Users the possibility to reach out to Shopeur via WeChat and the Mini Program to request, reserve and – in case of delivery – buy luxury products of selected brands by uploading pictures and, as the case may be, submitting product codes or web links as well as selecting certain European destinations where Users may collect reserved products (hereafter “Pre-Orders”) either at the stores of designated cooperation partners (hereinafter “Partners“) or, in some cases, at their accommodation (hereafter “Delivery”). Eligible Users may request tax refund documents (hereafter “Tax Refund”) alongside their Delivery purchases in which case they will need to provide a billing address outside the European Union and a valid passport number.
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.
- Conclusion of contract for usage of the WeChat Mini Program
2.1 Downloading the Mini Program does not conclude a contract between Shopeur and the Users. Rather, by accessing the Mini Program for the first time and by allowing it access to the WeChat profile of the Users by means of the checkboxes provided for this purpose a contract about the use of the Mini Program is concluded.
- Our services
3.2 After scanning the WeChat QR-code and allowing the Mini Program access to their WeChat profiles, Users may start the product request process. As a first step the Mini Program informs Users on the process of the product request.
3.3 Users are required to create lists to which they may then add items by uploading pictures of their desired products. Users may further specify the luxury brand and/or enter the name of their requested items and/or the product code, if available. In addition, they must add the size of their requested item, if applicable. Users have the option to upload up to three pictures for each individual product request to further specify the request.
3.4 Once a request is submitted via the ‘Submit’-Button it remains pending until Shopeur provides the Users with an offer for their requested products which may take up to 48 hours depending on the availability of the requested products. By submitting a request Users are not obliged to purchase the requested products.
3.5 Shopeur will update the Users’ lists indicating the availability of the requested products for offline collection (Pre-Order) or Delivery. The offer also contains the retail prices and in case of a sales or discounted offers the adjusted prices including VAT and shipping, if applicable.
3.6 As a general rule, products may be requested (Pre-Order) and purchased (Delivery) without any additional fees besides the ones stated in 3.5.
3.7 Due to an often limited product availability, offers for Delivery are only valid for 48 hours. Once Shopeur made an offer for requested products we cannot guarantee the availability of requested products until Users have completed their purchases.
3.8 If requested products are or become unavailable the product requests are cancelled with a corresponding notification to the Users.
3.9 If Shopeur has made an offer for requested products Users may decide whether they wish to proceed with placing a Pre-Order – in case of availability for collection – or continue with purchasing the products for Delivery.
3.10 In case Users select the Pre-Order option for collection at Partner stores they will be redirected to a private chat with Shopeur to clarify additional details such as collection destination and date. Once all necessary details have been collected Shopeur will notify the Partners of the Pre-Order. Users are not obliged to purchase Pre-Ordered products and the Partners are not obliged to sell Pre-Ordered products but will undertake best efforts to reserve the products until the arrival date indicated by the Users. Please note that Shopeur has no legal obligation with regard to the sale and purchase transaction between Users and the Partners. 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.
3.11 In case Users select the Delivery option for their requested products the Mini Program requires them to provide Shopeur with their travel itinerary, including arrival and departure dates, address of accommodation and billing address.
3.12 Users may also indicate whether they require Tax Refund documents alongside their purchases.
3.13 Once Users have provided all necessary information the Mini Program will permit them to purchase their selected products using payment options offered by WeChat.
3.14 Upon purchasing products a contract between Shopeur and the Users about the Delivery of the requested products has been concluded, i.e. the requested products will be delivered to the accommodation of the Users at the selected dates.
- Availability, quality and changes to the Website and WeChat Mini Program
4.1 Within technical feasibility, Shopeur will make commercially reasonable efforts to provide the Website and the Mini Program 24 hours a day. Shopeur, however, reserves the right to temporarily limit the usability of the Website and the Mini Program for maintenance and cannot guarantee that the Website or the Mini Program will remain free from viruses and other harmful content and errors.
4.2 In addition, access to the Website and the Mini Program 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).
4.3 Shopeur is committed to constantly developing the Website and the Mini Program. Shopeur therefore reserves the right to make changes to the Website and Mini Program in order to adapt it to the latest state of the art and improve its user friendliness.
- Other User obligations
5.1 Users acknowledge and agree that Shopeur is not responsible for content provided by third parties on the Website or in the Mini Program.
5.3 Users hereby grant Shopeur the right to use the information and data provided by them pursuant to Section 2, insofar as this is necessary for the proper performance of our services. Users reassure that they have the right to use any material that they upload or use in the Mini Program and that they do not violate any intellectual property rights by uploading or using the Mini Program, such as copyrights regarding pictures, trademark rights or design rights. Shopeur will not indemnify Users in case they violate third-party intellectual property rights by uploading files in the Mini Program.
5.4 Any actions that could affect the content and services of the Website or the Mini Program or render either of 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.
5.5 Users are obliged to keep their Mini Program data secure and not to make it accessible to unauthorized third parties. If Users are aware of the unauthorized use of their data or suspect it, they are obliged to notify Shopeur without delay. In such cases, Shopeur has the right to block access to the affected user account until the unauthorized use by third parties has been terminated.
5.6 A sale or transfer of Mini Program user accounts is not permitted.
- Term of the contract
6.1 This agreement is concluded indefinitely and may be terminated by Shopeur with a notice period of 2 (two) weeks. Shopeur will send Users a notification to their WeChat Account. Users can terminate the contract at any time by deleting the Mini Program.
6.2 The right to terminate the contract for good cause shall remain unaffected. There is a good cause if the terminating party, taking into account all the circumstances of the specific case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiry of a notice period. The Mini Program can no longer be used by the User after the end of the usage contract. All User data and information will be deleted in this case.
6.3 All outstanding reservations will be cancelled, and any payments for undelivered products will be refunded or authorized back to the Users’ payment accounts.
- Checking content and blocking the user profile
- Limitation of liability
8.1 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.
8.2 The limitation of liability applies accordingly for employees and vicarious agents of Shopeur.
- Final provisions
10.1 The reservation services and the use of the Website and the Mini Program 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.
10.3 Should any provision of this document be or become invalid or unenforceable, the remaining provisions shall remain unaffected.
10.4 The contract language is English, unless otherwise specified by mandatory consumer protection regulations.
Last updated: August 2018