General Terms and Conditions of Business
- 1.1 stylefruits GmbH, Sonnenstrasse 31, D-80331 Munich, Germany (hereinafter referred to as “stylefruits”) offers product information from third party companies (hereinafter referred to as “sellers”) to end consumers (hereinafter referred to as “users”) on its website www.stylefruits.co.uk. In addition, registered users can, as community members, post on the Internet product ratings for goods and services advertised on stylefruits websites; they can also store and exchange information. Use for business or other commercial reasons is only permitted with the prior written consent of stylefruits.
- 1.2 These General Terms and Conditions of Business (hereinafter referred to as “GTCs”) shall apply to the www.stylefruits.co.uk website as well as to all associated subdomains and aliases (hereinafter referred to as “stylefruits websites”). The aforementioned GTCs can be uploaded by the user onto his main memory, stored on data carriers and printed. If so desired, these GTCs may also be requested from stylefruits either by e-mail or letter. The version of the GTCs valid at the time of conclusion of a contract between the user and stylefruits shall apply. The contract shall come into effect upon a user visiting stylefruits’ websites (whether they are a registered user or not). On registering to use the stylefruits websites, users confirm their agreement to be bound by these GTCs.
- 1.3 These GTCs define the basic principles governing the use of the website; they also contain regulations on data protection including users’ consent to sylefruits storing data. These GTCs shall also apply in the event that users access the stylefruits website (or parts of it) via other websites. We explicitly object to the validity of any terms and conditions that users may purport to impose on us. Any user terms and conditions shall only apply if stylefruits has given its express written consent to that effect.
2. Alterations, accessibility
stylefruits shall reserve the right to alter, expand, restrict or shut down the websites in terms of content, set-up and scope at any time. stylefruits shall endeavour to ensure that the websites are continuously accessible, but cannot exclude temporary outages. stylefruits shall guarantee 98 % availability of the website on an annual average. Maintenance work which has been announced in advance and during which the websites cannot be accessed shall not be taken into account in calculating the availability (such periods shall therefore be regarded as neither availability nor non-availability). Liability on the part of stylefruits for the non-accessibility of the websites in the event of intent and gross negligence shall remain unaffected.To the Top
3. Brokerage activity, property rights
- 3.1 The product information provided by stylefruits does not constitute any legally binding offers on the part of stylefruits. The use of the website by the user does not result in any contractual obligation between the user and stylefruits with regard to the products displayed on said website. In particular, no sales agreements or other agreements concerning the purchase of products or services displayed on the website shall be entered into with stylefruits. Agreements concerning the purchase of products or services displayed on the website shall be concluded exclusively between the users and the sellers. In such cases, the terms and conditions of the seller may apply. stylefruits is not an agent of the seller, but merely establishes contact between the user and the seller and, as such, considers itself to be a broker. As a result, (to the extent permitted by applicable law) stylefruits shall not be liable for any claims asserted by a user arising from a contract with a seller. In particular, (to the extent permitted by applicable law) stylefruits shall not be responsible for any cases of damage, non-performance or inadequate performance which arise from any contract between a user and a seller. The brokerage activity carried out by stylefruits is free of charge for the user. However, upon conclusion of a contract between a seller and a user, the user may be under an obligation to pay for the that seller’s goods or services. stylefruits may receive a commission from the sellers.
- 3.2 In the event that the users are interested in purchasing a certain item, they shall be directed from the websites straight to the seller’s website offering the particular item. Prior to concluding a contract, they shall undertake to personally check all information that is important for the conclusion of the contract, and to ensure that such information is up to date, on the basis of the information provided by the seller in question. Company names, logos and/or product descriptions mentioned on the websites may be protected and/or are trademarks of the respective companies, sellers or manufacturers.
- 3.3 The stylefruits websites, and the software and database on which they are based, are all protected by copyright. The permission to use the stylefruits websites within the framework of these GTCs does not constitute a waiver of stylefruits’ rights.
- 3.4 stylefruits explicitly reserves all its rights protecting the stylefruits websites (including the web pages, logo(s), design(s), software and the database (or parts thereof).
- 4.1 stylefruits offers registration for a free community membership. By registering, the user declares that they agree with the GTCs. stylefruits thus provides the users with a platform to rate products, and to store and exchange information, among other things. There is no entitlement to registration.
- 4.2 Upon registering, the user chooses a password. The user undertakes to keep their password secret. stylefruits shall not pass the password on to third parties and shall not ask the user for their password at any time. The authentication of Internet users is only possible with an unreasonable amount of effort. Therefore, stylefruits offers no guarantee that a user registered on the stylefruits websites is actually the same person as the stated name holder.
- 4.3 The user warrants that all information provided is truthful and complete. The user undertakes to correct immediately any alterations to the information. stylefruits reserves the right (at its sole discretion and for any reason whatsoever) to withdraw membership at any time and without notice, in particular due to the provision of incorrect information during registration and misuse of the platform.
- 4.4 stylefruits shall have the right (at its sole discretion and for any reason whatsoever) at any time to block users and terminate agreements with them, or to allow use only under certain conditions, although stylefruits shall (where it reasonably considers appropriate) give the user prior warning.
- 4.5 Notwithstanding the above, stylefruits shall in particular be entitled to block users and terminate agreements with them if the user violates these GTCs, applicable law or third party rights and fails to cease such violation despite receiving a warning. A warning is unnecessary if special circumstances exist which would, under due consideration of the interests of both parties, warrant immediate notice of termination without prior warning. This is particularly the case if the user has provided incorrect information or fails to correct such erroneous information, if he violates third party rights or if he misuses services provided by stylefruits.
5. Obligations of the users
- 5.1 The users shall undertake to use information that is entirely truthful in their profiles and in their communication with other users.
- 5.2 When creating his profile and when posting or using content, the user shall undertake to observe the applicable laws and not to violate the rights of third parties. In particular, any criticism must be objective and may not disparage any goods or services, or defame any persons. Any factual allegations made must always be truthful. Sellers shall not be entitled to rate their own products and services or procure that third parties rate them. A user may not accept benefits of any sort whatsoever, or the promise of any such benefits, from third parties (whether sellers or not) for the submission of a rating.
- 5.3 The websites may only be called up using a commercially available Internet browser. The user is strictly prohibited from using mechanisms, software or other scripts in connection with the use of stylefruits websites; he is also prohibited from blocking, overwriting, modifying, copying (this shall also apply to copying by means of “robot/crawler” search engine technologies or using other automatic mechanisms) or circulating the content of these web pages. The user must avoid placing an unreasonable or excessive load on the stylefruits infrastructure.
- 5.4 The users are responsible to the full extent for the information that they publish on stylefruits, e.g. in their own profiles, product ratings, comments or guest books entries on other websites, and are aware that the information entered on the websites is available to other members.
- 5.5 The user may not post any contents which, according to their type or property (e.g. viruses or spyware), could possibly endanger the existence or operation of the websites or cause damage to other users.
- 5.6. By posting his contents (articles, tags, comments, text, graphical and audio material, etc.), the user grants stylefruits a transferable right of use to such, which is unlimited in terms of time and location and which permits stylefruits any type of utilisation whatsoever, in particular for permanently keeping the article posted in the appropriate forum. The right of use shall also apply for the benefit of partners of stylefruits (i.e. allowing stylefruits to sub-license such content) as well as for any other marketing of the websites. The user may revoke this right of use by deleting the contents posted by him.
- 5.7 If a third party uses another person’s account after gaining possession of the access data because the user failed to adequately protect such data from third party access, the user shall be treated as if he himself had been using the account by reason of the risk - created by himself - of uncertainty as to who was using the account in question and against whom a claim can be made in the event of a breach of contract or other legal infringement.
- 5.8 stylefruits may delete, either completely or partially, contents posted by users, which (in the sole opinion of stylefruits) violate these GTCs or are offensive, racist or otherwise illegal or infringing.
6. Limited responsibility of stylefruits
- 6.1 stylefruits provides no guarantee that the information provided is up to date, accurate, complete or of good quality. In particular, stylefruits provides no guarantee for the type, scope and quality of the products, services or information offered by the sellers to which the user is routed either directly or indirectly, e.g. through so-called “links” – in other words, the information is provided “as is”.
- 6.2 stylefruits provides no guarantee for the information entered by the users or for declarations they have made. stylefruits is not obligated to verify such user content prior to publishing. Such verification is usually not carried out at all. Insofar as stylefruits becomes aware, or is made aware, of illegal or other morally objectionable or offensive content, stylefruits shall delete such content immediately.
- 6.3 stylefruits also provides no guarantee that the products and services displayed on the websites under the specified terms and conditions can actually be purchased from the sellers concerned.
- 6.4 stylefruits and the sellers each operate their own websites completely independent of one another. stylefruits can therefore accept no liability for the design of the sellers’ websites in terms of graphics, content or technical aspects, or for the products, services, information and other performances offered or not offered on these websites.
- 6.5 Although stylefruits endeavours to ensure that its systems, programmes, etc., run smoothly and without interference at all times, stylefruits cannot provide any guarantee for this. In this regard, stylefruits shall reserve the right to set aside a freely definable period of time for the repair of technical problems. Please also note section 2 above with regard to limited availability.
- 6.6 In particular, stylefruits provides no guarantee for the functionality and compatibility of systems, programmes, etc., which are not directly part of the stylefruits websites and upon which stylefruits therefore has no influence.
- 7.1 Nothing in these GTCs purports to exclude or limit any liability which may not be limited/excluded by applicable law. Any limitations and exclusions of liability set out in these GTCs is only intended to apply to the extent permitted to by applicable law.
- 7.2 The contents published by users on the stylefruits websites represent the subjective views of the users only. In particular, this shall also apply for the product ratings and product recommendations compiled by the users. In this respect, stylefruits shall accept no liability for the overall impression of a product created on the basis of the individual ratings given, or recommendations made, by the users.
- 7.3 With regard to contractual and non-contractual claims, stylefruits shall be liable for intentional or grossly negligent breach of duty.
- 7.4 In cases of slight negligence, stylefruits shall be liable for injury to life, body or health or for breach of express guarantees, for claims under the German Product Liability Act and in the scope of applicability of Section 44 a of the Telecommunications Act (TKG), and for breach of material contractual obligations. Material contractual obligations, also referred to in case law as essential contractual obligations, are those obligations, which enable the contract to be properly performed in the first place and upon the fulfilment of which the customer may rely. In cases of slightly negligent breach of a material contractual obligation, stylefruits’ liability shall be limited to the amount of the typically foreseeable damage.
- 7.5 The above-mentioned disclaimers and/or limitations of liability shall also apply in respect of the liability of the salaried employees, wage-earners, staff, representatives and vicarious agents of stylefruits, in particular for the benefit of the shareholders, staff, representatives, institutions and their members as regards their personal liability.
- 7.6 For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods shall not apply between the user and stylefruits and all conditions, warranties and other terms which might otherwise be implied by law are hereby excluded.
The user shall indemnify stylefruits from all claims asserted against stylefruits by other users or other third parties on the grounds that their rights have been infringed as a result of the user’s conduct, including the costs of necessary legal representation, court fees and statutory solicitor fees.To the Top
9. Termination of contract
Both parties shall have the right at any time to terminate the contract by notice with immediate effect. To terminate, the user shall send notice of termination and request for deletion of the profile by e-mail to firstname.lastname@example.org. Stylefruits shall send notice to the email provided to it by the user (which shall be deemed to have been validly given whether or not it is received, provided that stylefruits can demonstrate that it was validly sent). .To the Top
stylefruits shall have no liability whatsoever for any contents of those sites to which websites operated or hosted by stylefruits provide links. stylefruits stresses that it has no influence whatsoever on the design and the contents of the linked sites or their sub pages.To the Top
11. Data protection
- 11.1 stylefruits shall undertake to comply with the legal requirements on data protection.
- 11.2 By using the stylefruits websites, the user hereby agrees that:
- 11.2.1 stylefruits may collect personal data, and process and use said data for creating, conducting and concluding the contractual relationship with stylefruits. Personal data consists not only of data that obviously relates to the user, such as name and address, (“inventory data”) but also of usage data about the user and the stylefruits website, such as user name, password and IP address as well as any other data that you provide to us
- 11.2.2. stylefruits may make the various types of data entered by the user himself available to other users,
11.2.3 stylefruits may collect, process and use the usage data to associate, for example, a user by using cookies, among other things:
A cookie is a small information file that is sent to the user's computer, mobile or other device when the user visits a website and it will recognise the user's device on future visits. These types of files do a number of different jobs such as remembering the user's preferences and viewed items, assisting the user to improve site experience as well as trying to ensure that the adverts or offers the user sees online are more relevant. These “cookies” can be divided into 4 types each of which is outlined below.
Category 1: Strictly Necessary Cookies
These cookies are essential in order to enable the site to provide services the user has asked for such as remembering the user's login-status.
Category 2: Performance Cookies
This type collect anonymous information on how people use the site and the data is merged with other users to enable stylefruits to improve how the site operates. For example stylefruits utilises Google Analytics cookies to help understand how users arrive at the site, browse or use the site and highlight areas where stylefruits can improve areas such as navigation, shopping experience and marketing campaigns. The data stored by these cookies never shows personal details from which the user's individual identity can be established.
Category 3: Functionality Cookies
These remember choices the user makes on the site. These can then be used to provide the user with an experience more appropriate with the user's selections and make the visits more tailored and pleasant. The information is also merged with other users on an anonymous basis to enable stylefruits to improve how the site operates.
Category 4: Targeting Cookies or Advertising Cookies
These cookies collect information about the user's browsing habits in order to make advertising relevant to the user and the user's interests. They remember the websites the user has visited and that information is shared with other parties such as advertisers. For example stylefruits uses 3rd party companies such as Criteo to provide the user with more personalised adverts when visiting other websites.
You can change the settings on your browser to prevent cookies being stored on your computer or mobile device without your explicit consent. Your browser “help” section will normally provide details on how to manage the cookie settings.
- 11.2.4. stylefruits may process and use personal data for stylefruits marketing activities such as sending e-mails, which either contain general information or are of a promotional nature (newsletter). The user acknowledges that he has the opportunity at any time to cancel this information service by sending an email to email@example.com. The user also agrees to stylefruits processing and using personal data to present specifically selected sellers in response to personal interests,
- 11.2.5 stylefruits may collect, process and use the inventory and usage data necessary to expose and prohibit any information that is entered fraudulently and any other use of the services provided by stylefruits that is contrary to law or contract, to the extent that such measures are necessary in individual cases and in the presence of actual documented evidence. For this purpose, stylefruits may also collect usage data with the help of cookies, for example, and process and use this data in such a way that, out of the total inventory of all up-to-date information, such information can be identified where there is specific evidence that such information was entered with the intention to misuse the website.
- 11.2.6 stylefruits may also, to the extent that this is necessary, process, use and forward personal data for the purpose of prosecution to law enforcement services and third parties, whose rights have been infringed, even after the contractual relationship has ended if actual documented evidence of such misuse of the stylefruits websites, particularly through posting illegal contents, exists.
- 11.3 This consent can be revoked at any time by terminating your contract in accordance with clause 9
- 11.4 stylefruits uses analytic software from Google and Google Adsense. These web services provided by Google Inc., USA (“Google”), are used to anonymously record page requests and to place third party advertisements (“ads”) on stylefruits websites.
- 11.4.2 Google shall use this information to evaluate how the website is used, to compile reports on site activities for the website operators and to provide further services connected with the use of the site and the Internet. Google shall also forward this information to third parties if necessary, insofar as this is legally stipulated or insofar as third parties process this data on behalf of Google.
- 11.4.3 The user may prevent the installation of Google cookies by adjusting his browser software accordingly; in this case, not all functions of the stylefruits websites may be available in their full capacity.
- 11.4.4 By using stylefruits websites, the user consents to Google processing the user’s personal data recorded in the manner described above and for the purpose specified above.
- 11.5 stylefruits uses plug-ins from social networks. When users visit a web page on stylefruits websites that contains such a plug-in, a connection is established to the social network’s servers, which then instructs the web browser of the respective user to display the plug-in on that web page. In this way, the social network’s servers can receive information on which of the web pages the user visited. If the user is logged on as a member of that particular social network, said network may be able to assign the information to the user’s personal social network account. By using the plug-in functions (e.g. clicking on a “Like” button, posting a comment), this information can also be assigned to each respective user’s account with this social network; the user can usually only prevent this by logging out before using the plug-in. Further information on the collection and use of data by the operator of a social network and on the user’s rights and the possibilities for protecting the user’s privacy can be found in the data protection notice published by the respective operator of the social network. To the Top
13. Final provisions
- 13.1 Any changes or amendments to this contract shall not be valid unless made in writing.
- 13.2 As a rule, stylefruits shall communicate with the user by e-mail, unless otherwise stipulated in these GTCs or in any other agreement with the user. The user shall make sure that e-mails, which are sent by stylefruits to the e-mail address provided by the user upon registration or communicated to stylefruits at a later date, are collected by him. To this end, he shall, for example, ensure that the spam filter is adjusted accordingly and check this address regularly. In all other matters, stylefruits shall reserve the right to freely determine which form all other correspondence shall take.
- 13.3 The user shall state his account name when contacting stylefruits.
- 13.4 Should individual provisions of a contract be or become invalid, this shall not affect the validity of the remaining provisions of the contract. The parties shall undertake to fill any gap caused in such a way with a valid provision that comes as close as possible to the economic intent and purpose of the invalid provision and of the contract.
- 13.5 Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) or these GTCs will be governed by German law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.