Terms & Condition of e-merch
Softwareentwicklungs- und Vertriebs GmbH (FN 254250 y)
1- FIELD OF APPLICATION
The terms & conditions apply to all legal transactions between e-merch and its contracting partner. Contracting partners may be sellers of goods or services (in the following referred to as "suppliers") and buyers of goods or services (in the following referred to as "clients")
The terms & conditions do not apply to legal transactions between suppliers and clients even though their transactions are based on the use of this platform.
With the registration the contracting partner accepts these terms & conditions instead of his own. A registration with e-merch under different terms & conditions than these is not possible.
2- CONDITIONS OF USE
The services are accessible on Internet: www.e-merch.at, www.e-merch.de, www.e-merch.com or any other "e-merch" domain as well as www.e-merch.at.
The site offers to its Internet subscribers the possibility to access all available data at the time of connection.
Access is exclusively reserved to subscribers with the access code (user name and password). Subscribers are exclusively professionals.
Subscriptions can be made by mail, by fax or preferably by email.
The validity of a subscription will take place after verification of the user. Upon receipt of the application e-merch will confirm the use of the e-merch system (by email) and the user will be allocated an access code (user name and password). The account will be activated immediately upon receipt of payment.
The validation by the user of his subscription represents complete acceptation of the above general conditions without reserve.
E-merch reserves the right to cancel access by a contracting partner with whom there is a financial disagreement without the contracting partner being able to make any claim of any nature whatsoever.
E-merch reserves the right to suspend momentarily, without notice, access to all or part of the services for maintenance, without the contracting partner being able to claim any compensation. E-merch cannot be held responsible for any interruption or alteration in the connection to its services resulting from the net itself or the connection means used by the contracting partner or any other cause not under the control of E-merch.
3- OBLIGATIONS OF E-MERCH
E-merch declares to have the rights for the provided software and the complete e-merch system.
E-merch would like to point out that all hard- and software etc. necessary for the use of its services, as well as the maintenance hereof, remains exclusively at the cost of the user.
It is necessary to bring to the attention of the contracting partner that e-merch is not the owner of the aforementioned data and declines any responsibility in this respect.
4- PARTNER'S OBLIGATIONS
The user agrees to provide hard- and software plus internet access for the use of the e-merch system according to the technical minimum requirements:
MS-Internet Explorer Version 5.5 or above
MS-Word 2000 or MS-WordXP
Possibility to effect non-safe ActiveX-components on the user's PC.
Should the contracting partner use the e-merch system with other programs than the ones accepted by e-merch e-merch cannot guarantee the functioning of the e-merch system or parts hereof.
The user agrees to respect the rules and current legal practices, in particular, not to use the site e-merch and its services to create, write or commit, transmit or communicate any message, information or content, of any nature whatsoever, illicit or outrageous, insulting, slanderous, abusive, violent, obscene or pornographic or containing provocation to discrimination based on race, religion, sex or anything else, or provocation to commit a crime or justify a crime or anything of a nature to alter the functioning of the computer systems in any shape or form.
The user agrees to respect all safeguarded access and more generally not to hinder or perturb the functioning of the services proposed by e-merch and corresponding technical means.
The user agrees and confirms his obligation, not to use the services of the site e-merch to propagate any unsolicited advertising or promotional messages, to instigate chain mails or any other sort of mail without the specific prior acceptance on the part of e-merch.
The supplier agrees that his products and services are published in the online-catalogues of all clients registered with e-merch.
Users responsibilities :
The user is the sole responsible for the use he makes of the services made available to him by the intermediary of the site e-merch, and in a more general nature of all usage stemming from his account.
In particular the use of information, messages and all nature of data available by the intermediary of the site e-merch are the sole responsibility of the user, and any decisions or actions that the latter may be brought to take or consider will engage the responsibility of no-one but himself.
The user is the sole judge of the exhaustive utility of the contents after consultation, and, in consequence, confirms his obligation to use all services of the site e-merch with proper judgement and to accept all subsequent risks.
The user will be held responsible in the eyes of e-merch and other parties of any damage, direct or indirect, of any nature whatsoever, caused by a content or any other element communicated, transmitted or spread by the user of the site e-merch by means of the services it offers, as well as any breach whatsoever of the present contract.
In consequence, the user promises to guarantee e-merch, as well as its partners, against all condemnation of any kind. The user agrees to accept any measures put into place by e-merch in order to apply the legislation in force.
5- RELATIONSHIPS BETWEEN PARTNERS (SUPPLIERS and CLIENTS)
All correspondence, exchange or relationships of any nature, and more precisely promotional or commercial, instituted by the partners of e-merch links only the partners concerned.
In consequence, the terms and conditions, guarantees, declarations, payments or deliveries resulting apply only to the partners, excluding e-merch, who cannot be held responsible for any loss or damage resulting from the offers of partners.
Any problem between client and supplier is to be solved between them. E-merch does not act as arbitration board. If the problem cannot be solved e-merch reserves the right to dismiss the contracting partner and to cancel all imported data.
6- PRICES AND CONDITIONS OF PAYMENT
The prices for subscription can be found online under menu item "prices".
Subscription will be invoiced and payment is due immediately.
E-merch reserves the right to modify the price at any moment. The subscription will always be invoiced at the price applicable at the moment of register.
7- RESTRICTION OF LIABILITY
Diffused contents :
E-merch has made every effort to insure the quality of the information diffused on the site.
However, the messages, information and in general all the contents available through the site e-merch engage only the author or he who produced them, and consequently e-merch cannot be held responsible for messages, information or contents that were not directly created or produced by itself and notably for the truthfulness, pertinence and in a general manner any error or omission that they may contain. Consequently e-merch cannot be held responsible for any damage whatsoever resulting from this.
The creators and producers of the contents will, when possible, be identified on the site.
Services of the sites of e-merch:
E-merch promises to make every effort to ensure that its services are reliable. The services are supplied as stated to the user, who uses them at his own risk. They are accessible following availability.
E-merch cannot guarantee that its services will answer completely the expectations of the user, that they will not be interrupted or will not always be pertinent, complete or void of errors.
E-merch cannot guarantee that all products, services, data or information obtained by the user through the services will be up to the expectations of the user.
E-merch cannot be held responsible for any breakdown, interruption of a commercial proposal, loss of clientele or profits or even data and in general any damage suffered by the computer of the user resulting from the use or the impossibility of use of the services, on obtaining, receiving or downloading information while using the services, or resulting from any unauthorised access of the services by another user or third party, or from a modification of information or data base relative to the user, or any other way of use of the services.
In general the user accepts that under the legal dispositions in place, e-merch cannot be held responsible for any damage whatsoever, direct or indirect, materiel or abstract, and notably for any loss of profit or of data, of accidents or other things, resulting from the use of the proposed services on the site of e-merch or a visit to the site e-merch.
Hypertext Links :
The site e-merch, or its partners or a third party may offer links with other web sites or other resources available on Internet. As e-merch cannot control these sources the latter cannot be held responsible for any damage of any sort resulting from the contents of these sites or external sources, and notably information, products or services that they proposes, or of any use that these elements could be put to.
8- INTELLECTUAL PROPERTY RIGHT
The user agrees to respect all intellectual property rights of e-merch, and in particular copyrights and also the producers of the data base.
The use that the user may have of the services protected by intellectual property right, whether they be soft ware or not, is obviously non exclusive and strictly limited to the users personal use for the duration of the present contract. The user cannot, in any circumstances, transfer his right of use of the services and the protected elements contained therein. And cannot decompile any of the elements of software. He is not authorised to use any of these elements to create or exploit other works which could be derived form these elements.
It must be pointed out that the use allowed to the user in view of the present document does not imply or include any transfer at his profit, of whatever nature, of any intellectual property right, whether it refers to the site itself or its content. All of these rights remain, except with distinct special agreement, the exclusive property of e-merch.
9- NON CESSIBILITY
The user cannot cede any part or all of his rights and obligations resulting from the present document to a third party, without having obtained prior authorisation from e-merch.
10- NOTIFICATIONS
All notifications made in view of the present document can be made by email. Nonetheless e-merch has the possibility to notify also by facsimile or by post according to the details provided by the user during register.
11- LENGTH AND CANCELLATION
The present contract is valid for the period of the chosen package and from the date of the signing of the contract. Any breach of the user of any of the stipulations will bring about the immediate rupture of the contract and the ban on the user to use the services of the site e-merch on simple notification of e-merch to the user.
Subscription will be renewed for 12 months if not cancelled in written at least 1 month prior.
12- COMPETENT JURISDICTION AND APPLICABLE LAWS
The present general conditions are subject to Austrian law and any problem which cannot be solved amiably will be brought before the competent Austrian tribunal.