The following terms and conditions shall apply to all business relations between ShopMyStuff (hereinafter “ShopMyStuff”, “we”, “us” or “our”) (hereinafter "ShopMyStuff") and you the user of the Platform and our services.
Please read these Terms and Conditions carefully before using the Platform or services (collectively the “Platform”). These Terms and Conditions constitute a legal agreement between you and ShopMyStuff governing the use of our Platform and our services. We license use of our Platform and our services to you on the basis of these Terms.
The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us.
We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Platform on these Terms.
ShopMyStuff does not itself offer the goods and/or products presented in the respective advertisements and - in the absence of any indication to the contrary - does not itself op
erate the advertised events. ShopMyStuff does not become a contracting party to sales contracts for goods and products of any kind concluded on the platform.
Purchase contracts for the goods and products offered on the platform are concluded between the individual users. In principle, such a contract is concluded when a user submits a corresponding offer, and the other user accepts this offer. An offer is to be understood as a declaration of intent to be received which contains all essential elements of the contract and by which the conclusion of the contract is offered to another in such a way that the conclusion of the contract depends only on the consent of the recipient. A legally binding contract of sale can therefore already be concluded if the parties agree on the subject matter of the contract and its price and inform the other party accordingly.
ShopMyStuff merely provides the technical and organizational infrastructure to ensure the proper conduct of transactions on the platform.
ShopMyStuff does not itself become a contracting party to the contracts concluded exclusively between the users. The performance of contracts concluded with ShopMyStuff is also exclusively between the users.
The users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, ShopMyStuff does not guarantee:
the accuracy and completeness of the statements and declarations made in relation to the items offered,
the items offered as such; and
the conduct and performance of the offering third party.
Users are required to comply with applicable laws when using the Platform and Service. It is each users own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties.
The content published on ShopMyStuff by the respective users is generally not reviewed by ShopMyStuff and does not represent the opinion of ShopMyStuff.
ShopMyStuff can only perform a limited review of the data provided by users. Therefore, no guarantee can be given for the accuracy of the data provided by the respective Users.
In order to use the services of ShopMyStuff, the user must be 18 years or older at the time of registration. A further prerequisite is that the information provided on the occasion of the registration for the user carrying out the registration is true and that an account of the user party is/was not blocked or closed.
By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
you have read the terms set out in these Terms and agree to be bound by and comply with them; and
you shall ensure that all Users of your Account abide by these Terms.
Deviating terms and conditions of the users are not valid, unless otherwise agreed.
These Terms and Conditions do not apply to services which are offered on the platform which are clearly to be understood as services of third parties.
ShopMyStuff reserves the right to change these terms and our Terms and Conditions. In such a case, ShopMyStuff will inform the users of the change to these terms and our Terms and Conditions with a notice period of 4 weeks. Consent is deemed to have been given if no objection is made within 4 weeks, for example in writing.
We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites.
The offer of ShopMyStuff contains services which are provided in connection with an internet-based online platform. At ShopMyStuff, the respective service offers can be accessed at will.
ShopMyStuff is not a mediator or arbitrator, but merely offers the platform on which processes can take place. The service for users is limited to giving them the opportunity to get to know and to contract other Users.
The service for users, is limited to giving them the opportunity to create a profile, through which other Users are encouraged to contact them, at their own initiative.
ShopMyStuff assumes no liability for the content that Users provide, nor the ability to fulfil the requirements for a by the Developers service or also any information provided by the Users. ShopMyStuff has no influence on the offers made by Users.
ShopMyStuff is entitled to check the personal details of the Users by means of suitable official documents in order to confirm the correctness of the data entered.
ShopMyStuff reserves the right to delete the Users’ profile in the case of false information and gross violations of these terms and our Terms and Conditions without prior notification or naming of reasons. In the case of gross deception, falsification of documents or other willful misrepresentation, ShopMyStuff will take appropriate action, including legal action.
Supplemental terms and conditions or documents that may be posted on the platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms and our Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these terms and our Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the platform after the date such revised Terms and Conditions are posted.
The information provided on the platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The services provided by ShopMyStuff require payment of fees before you can access or use them (“Fees”).
Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Platform or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our Platform or any of the Services.
Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of Fees.
You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods.
We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees.
By using the platform, you represent and warrant that:
all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity, and you agree to comply with these terms and our Terms and Conditions;
you are not under the age of 18; or if a minor, you have received parental permission to use the platform;
you will not access the platform through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the platform for any illegal or unauthorised purpose;
your use of the platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the platform (or any portion thereof).
ShopMyStuff makes no representations, warranties, or guarantees, whether express or implied, that the content on the platform is accurate, complete or up to date.
ShopMyStuff will not be liable for any loss or damage including, without limitation, loss of profit, indirect, incidental, or consequential loss, or any damages whatsoever arising from the use of, or in connection with such use or loss of use of, the platform, whether in contract or tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the platform or to your downloading of any content on it, or on any platform linked to it.
Where reference is made to partners, ShopMyStuff is not responsible for the nature and extent of the services provided by the partners.
The respective partner is fully responsible for the delivery, quality, and liability in relation to their services and products.
To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The user shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the online course.
ShopMyStuff does not guarantee that the services offered can actually be used with the user's computer.
You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data.
We will only use the content uploaded by you for the purposes of providing the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.
We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.
By posting your to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such content (including, without limitation, your image, and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such content, and grant and authorise sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your content, and you warrant that moral rights have not otherwise been asserted in your content.
We do not assert any ownership over your content. You retain full ownership of all of your content and any intellectual property rights, or other proprietary rights associated with your content. We are not liable for any statements or representations in your content provided by you in any area on the Platform.
You are solely responsible for your content to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your content.
We have the right, in our sole and absolute discretion,
to edit, redact, or otherwise change any content;
to re-categorise any content to place them in more appropriate locations on the Platform; and
to pre-screen or delete any content at any time and for any reason, without notice.
We have no obligation to monitor your content.
Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
to comply with all applicable technology control or export laws and regulations; and
not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform, or servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
You acknowledge that you have no right to have access to our Platform in source code form.
you must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way, and you must not use any illustrations, photographs, sequences, or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a license to do so from us or our licensors.
If you print off, copy, or download any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately and, and must, at our option, return or destroy any copies of the materials you have made.
You may use our Platform only for lawful purposes.
You may not use our Platform:
in any way that breaches any applicable local or international laws or regulations;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
not to access without authority, interfere with, damage or disrupt:
not to further or promote any criminal activity or enterprise or sell or offer or provide instructional information about illegal activities including, but not limited to, making or buying illegal goods, including but not limited to explosives, Illegal Drugs, Dangerous Goods, any item that is prohibited by law, highly flammable, dangerous, hazardous or toxic materials or substances, contraband or illegal substances, weapons, or providing or creating computer viruses;
any part of our Platform;
any equipment or network on which our Platform is stored;
any software used in the provision of our Platform; or
any equipment or network or software owned or used by any third party.
The Platform may contain (or you may be sent via the Platform) links to other websites ("Third-Party websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party websites or the Third-Party Content.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party websites.
We reserve the right, but not the obligation to:
monitor the Platform for violations of these Terms and Conditions;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your content or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive or are in any way burdensome to our systems;
otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times.
We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
ShopMyStuff accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
You agree that if you have provided ShopMyStuff with personal data relating to a third party
you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to ShopMyStuff and
You agree to indemnify ShopMyStuff in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
These Terms and Conditions shall remain in full force and effect while you use the Platform. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform, and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
To the maximum extent permitted by law, ShopMyStuff accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Platform or any information contained therein. Users should be aware that they use the Platform and its Content at their own risk.
ShopMyStuff shall only be liable for damages in the event of intent or gross negligence. ShopMyStuff shall only be liable for the negligent breach of essential contractual obligations (cardinal obligations).
In the event of damage caused by minor negligence, ShopMyStuff and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage that was foreseeable and typical for the contract at the time of conclusion of the contract.
The above exclusions of liability shall not apply in the event of injury to life, limb, or health. Statutory liability remains unaffected.
Any exclusion or limitation of ShopMyStuff's liability shall also apply to the personal liability of its legal representatives, employees, and other vicarious agents.
This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
To the extent that any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision notwithstanding, the remaining provisions of this Agreement shall remain in full force and effect and such invalid or unenforceable provision shall be deleted.
These terms and conditions and the relationship between you and ShopMyStuff shall be governed by and construed in accordance with the Law of France and ShopMyStuff and you agree to submit to the exclusive jurisdiction of the Courts of France.