Terms & Conditions - Shpock

Terms and conditions

§ 1 Preamble

Welcome to Shpock - The local way to sell and buy beautiful things!

Second hand, used, antique or just beautiful. With Shpock - The local way to sell and buy beautiful things - you find the most beautiful things in your neighbourhood and quickly sell your things to other people with taste.

The finderly GmbH, Donau-City-Straße 1, 1220 Vienna, Austria (hereinafter referred to as "Operator") operates websites (shpock.com and other country specific top-level domains such as .co.uk, .de, .at) and mobile apps (Shpock app for Android, Shpock app for iOS) (hereinafter collectively referred to as "Shpock" / "Shpock services"), under the name “Shpock”.

These terms and conditions (hereinafter referred to as "Terms") apply to the use of the Shpock services and additional services offered through the Shpock-Services. The Terms available at Shpock at the exact time of usage of the Shpock services will be applied. By using Shpock services the user accepts the Terms. If the user does not accept the Terms, the use of any Shpock services is prohibited.

The Terms are translated from the original German version. Please note that if the Terms are inconsistent with the terms and conditions in German, the German terms and conditions will prevail.

§ 2 Offered Services

Shpock is a marketplace where registered users can offer, buy and sell a variety of goods and services (hereinafter referred to as "Products"). This is permitted as long as offers, sales and/or acquisitions do not violate statutory provisions, good morals and/or the Terms. Offering of real-estate by private individuals for renting or selling to private individuals is equally covered.

The Shpock app can be downloaded free of charge from the Google Play Store and the Apple App Store. Additionally, there are Shpock webpages (shpock.com and other country specific top level domains such as .co.uk, .de, .at).

The use of the Shpock basic service version is free of charge. Depending on individual mobile phone rates, costs for data transfer may apply, which have to be carried by the user. Various supplementary products (e.g. Hot, VIP, Top) or subscriptions (e.g. Premium-Membership) (hereinafter collectively referred to as “premium features”) are subject to charge and can be purchased exclusively through the Apple App Store or the Google Play Store. The respective prices are clearly displayed in the mobile applications prior to the actual purchase. The Operator reserves the right to change these prices at any given time. All prices are quoted inclusive of value-added tax at the respective applicable statutory rate. Moreover, the Operator reserves the right to offer varying premium features in the Android App, the iOS App and the website, due to different stages of development.

The user agrees with his/her purchase of a premium-feature that Shpock immediately delivers the purchased service entirely following the conclusion of the corresponding contract.

The operator is not responsible for content generated by users. However, there is no right for publication of content. Participation on Shpock is not enforceable and can also not be compelled or required in any other form. The Operator reserves the right to deny the participation of Shpock temporarily or permanently even without further reasons. A new registration under a different name and/or other e-Mail address following having been blocked is not allowed.

§ 3 Contractual conditions

The Operator only provides information as well as a technical framework for users. The classified buying and renting ads and user posts are not legally binding offers by the Operator. Claims resulting out of communication and between users cannot be claimed from the Operator. The Operator is not a contracting party. The contracts are exclusively concluded between the users of the marketplace. The fulfilment of these contracts concluded via Shpock is carried out exclusively among the users. The Operator therefore only provides the technical framework for users to conclude such contracts.

The Operator offers various paid premium features. These premium features represent offers made by the Operator in order to conclude a contract regarding the respective premium feature. Contracts for the use of paid premium conducted by the user’s acceptance of the respective offer. Firstly, the user chooses the desired supplementary product or the desired subscription. As soon as the user confirms and pays the purchase, the respective premium feature will be activated. A contract is concluded as soon as the user confirms the In-App purchase and, if necessary, enters the respective password. By concluding the contract, the supplementary product will be activated and immediately consumed/the term of the subscription starts to run. In the course of In-App purchases the Operator does not acquire any billing- or payment information, as all transactions run through the user’s Apple App Store- or the Google Play Store-account. In case of input errors or other errors the user shall get in touch with either the Apple App Store or the Google Play Store.

The user is not entitled to download the displayed information on a computer or any other data medium. The repeated and systematic downloading of part of the displayed information, even of an insignificant nature and scope, is equivalent to downloading a substantial nature and scope or part of the displayed information. Moreover, the use of a computer program for the automatic read-out of data in particular, such as scraping, crawlers, spiders or bots is absolutely prohibited. Printing of the displayed information is only allowed for private purposes and only to an absolutely necessary extent. Any use of information for business purposes, in particular for commercial use, is forbidden.

The Shpock app is compatible with Android and iOS devices, although perfect performance cannot be guaranteed on every device as versions differ. Please note that additional terms and conditions by the Google play store and the Apple app store may apply.

§ 4 Eligibility, registration, and deletion of the account

Users have to register to use most of the features. Registration is free of charge for users. The use of the Shpock service is permitted for individuals over the age of 18 years, who are viable to entering a legally binding contract. Furthermore, users between the age of 14 and 18 years are allowed to enter contracts whereby the approval of the respective parent or legal guardian has been given.

Commercial use is strictly forbidden, with the exception of individual approval by the Operator. Examples include young designers, as the company likes to support local talent, as well as Shpock+ customers.

Individuals can make use of the Shpock services by registering via a Facebook-Account, a Google-Account or by e-mail with SMS confirmation. By registering, the user confirms that he/she has reached the age of 18 years or is between the age of 14 and 18 years and has received approval for the unlimited use from their parent or legal guardian. The specified profile data must be correct, complete and must continuously be kept up-to-date. Multiple registrations are not permitted.

The users’ login credentials must be kept confidential. The user must take appropriate measures to prevent the unauthorized use of this data in order to access Shpock. In case third parties have had access to the login data, the Operator needs to be informed immediately or the access data must be changed immediately.

By registering, the user agrees to receiving the recurring Shpock newsletter and therefore receives information at regular intervals from Shpock. The user may unsubscribe from the newsletter, by simply disabling the subscription of the newsletter in the user profile or by directly clicking on the unsubscribe link in the newsletter.

Users can delete their user account at any time without giving reasons. Further information can be found in the Privacy Policy.

§ 5 Withdrawal and termination

The cancellation policy applies to consumers (as defined by law) who purchased premium features at the Operator, which are subject to charge.

Right to cancel premium features:

The consumer may withdraw from the contractual agreement of a purchased premium feature within a period of 14 calendar days, in writing (e.g. E-Mail, Fax, Letter) without giving reasons. The withdrawal period starts on the day of the conclusion of the contract. To comply with the cancellation period, it is sufficient to submit the cancellation within the due time. Cancellations must be sent to:

finderly GmbH Donau-City-Straße 1 A-1220 Vienna, Austria E-Mail: cancellation@shpock.com

However, at the time of the purchase of a premium feature the user agrees that the Operator immediately activates the premium feature before the withdrawal period expires. The user also agrees that with such activation the right of withdrawal is waived.

Obligations for the refund of payments must be fulfilled within 30 days.

If the user deletes the Product on which the premium feature was applied, the premium feature is considered to be fully consumed, even if the premium feature is time-dependent and the period has not expired (e.g. deleting a classified ad with a highlight-premium-feature, deleting a premium search agent, deleting the user-account).

§ 5a Payment using PayPal

General set-up Payment using PayPal is available for private users, located in eligible countries. The general set-up is that the seller connects his PayPal account to his Shpock account. The buyer is not obliged to connect his PayPal account to his Shpock account. The seller and the buyer agree to the sale/purchase of a product and conclude their sales agreement. In case PayPal payment is agreed upon and payment is successful, the seller pays a commission to the Operator and an additional fee to PayPal. The buyer does not bare any fees and only pays the agreed price of the purchased item.

Seller commission and PayPal’s fees The seller of the item will pay a commission (incl. VAT) to the Operator on the total transaction amount received through PayPal (the "Commission"). In addition, PayPal will charge its own transaction fees (the “Fees”), depending on the contractual set-up of the seller with PayPal. As a seller, please make sure you are familiar with PayPal’s terms of use, which you will have to agree to, when you set-up your PayPal account. Operator’s Commission will be deducted from the seller’s PayPal account. Operator will provide the seller with an invoice detailing the Commission. In case of refunds, there will be no charge back of Operator’s Commission deducted from the Seller’s PayPal account.

Seller and Buyer Protection and Dispute resolution for PayPal Transactions If PayPal is used as a payment method on Shpock, PayPal’s Buyer and Seller Protection may apply, more details available in our Help Center, which is only available in the Shpock App and on PayPal’s website. Dispute resolution can be initiated by the buyer or the seller using PayPal’s Dispute Resolution Centre.

§ 5b Delivery

General set-up Delivery is available for private users in eligible countries. The general set-up is that a seller listing an item on Shpock can enable the listing for delivery. In this case the seller will be asked to provide additional information in the listing process, such as item size and weight. This information is needed for the performance of the delivery service. The seller will have the option to select from different courier services.

Buyers will be informed if an item is enabled for delivery. If buyers make an offer for items, they can choose to use delivery service. The buyer will have the option to choose between the courier services preselected by the seller. The buyer will have to pay the item price plus the price for the delivery service to the seller. The buyer will be asked to provide additional information, such as delivery address.

The seller will enter into an agreement on the delivery service with the delivery service provider Parcel2Go and will take care of initiating the delivery process by purchasing the delivery label via the Parcel2Go service. The seller enters into a contractual agreement with the delivery service provider Parcel2Go. Shpock does not take over any responsibility or liability for the performance of the delivery service. If you want to use the delivery service, please make sure you are familiar with the general terms and conditions of Parcel2Go.

§ 5c Payment using Adyen and buyer protection service

The buyer protection service is available for users in eligible countries. When listing an item, sellers may enable the item for the buyer protections service. By enabling the item for buy protection, sellers agree to be bound by the Shpock Buyer Protection terms.

If an item is enabled for the buyer protection service, buyers have the option to go for the “buy now”-option or to make an offer for the item without using the buyer protection service. Buyers opting for the “buy now” option agree to be bound by the Shpock Buyer Protection terms.

When using the buyer protection service, payments will be carried out using our independent payment service provider partner, Adyen. Users enter into a separate contractual relationship with Adyen regarding the payment services, Shpock does not perform any payment services. Shpock shall not be liable for any acts or omissions of Adyen when performing the payment services. Users who want to use the Adyen payment service in connection with the Shpock buyer protection service agree to be bound by the Adyen terms and conditions as well as the Shpock buyer protection terms.

Payments for purchases under the buyer protection service, will be paid out to seller as soon as buyer has confirmed to Shpock according to the Shpock buyer protection terms that the deal was completed successfully. Upon such confirmation, payment of the buyer will be released to the seller. Depending on the payment method, pay-out may take up to several days. Users designate Shpock as an authorised representative towards Adyen and grant Shpock the power to act on their behalf towards Adyen.

Sellers will receive payments into their Shpock wallet. The Shpock wallet is an electronic money account that allows users to send and receive payments within the Shpock service. To set up the Shpock wallet, our payment service provider, Adyen, will require some additional information from users in order to comply with applicable regulatory provisions, such as KYC (know your customer) procedures. Adyen will request at least the following data for users whishing to set up a Shpock wallet: name, first name, e-mail address, date of birth, nationality, country of residence, bank account details. The money can be transferred any time from the Shpock wallet to the user’s personal bank account.

For more information on the buyer protection service, please see our Buyer Protection terms.

§ 6 Posts by users, copyright of third parties

Each post must be written or created personally by the respective user.

It is strictly forbidden to publish illegal, obscene, offensive, discriminatory, vulgar, violence-glorifying, pornographic, adult content and/or any other content that infringes personal rights. Moreover, aspersions and insults of people and businesses are not permitted. In addition, the harassment through mass distribution of content or messages (spam), the systematic harassment of individual users, hacking in any form, i.e. electronic attacks of any kind on the Shpock service, the database and the network of the Operator or on individual users, as well as the spread of viruses etc. are strictly prohibited and are reported to the respective authority. Violations lead to the deletion of the item or blocking of the user account. In addition, the Operator reserves the right to move, remove posts, disable or to delete user accounts.

With the publication of classified ads, especially in regards to images (e.g. Product images), the user must ensure that copyrights are respected accordingly. This is done by ensuring that the user has all rights to publish and does not violate any rights whatsoever. Uploaded or embedded images/graphics cannot have watermarks or marks of other websites. The Operator reserves the right to limit the maximum size of images and to modify or remove images.

The user assures that he does not copy, paste, upload or integrate copyrighted content in any other form to the Shpock services. Exceptions are such contents that have been released for further use by the copyright holder.

The user may not use Shpock for the promotion of third-party products, the distribution, offering or sale of products, whose distribution, offering or sale is unlawful according to the local law or which are subject to selling restrictions (e.g. as a result of regulations) as well as for the distribution, offering or sale of food or living creatures (except for the provisions as stipulated in §7).

§ 7 Sale of living creatures

Although the sale of living creatures is generally prohibited, there are separate regulations for offering and selling pets in the UK, Italy, Sweden and Germany. In these countries the offering and selling of pets are permitted but must comply with the following rules:

  • The description or the picture of the pet should be chosen wisely and with respect.
  • The buyer needs to be informed about the age, diseases or any kind of abnormal characteristics of the pet.

Furthermore, the following points are prohibited when selling a pet:

  • Offering, requesting or confirming postal deliveries or the street sales of pets.
  • Selling pregnant animals.
  • Exchanging animals for other animals.
  • Selling protected species and compounds without the necessary documents. For more information, have a look at https://www.cites.org/.
  • Selling exotic, dangerous and poisonous animals.
  • Selling pets with any controversial surgeries which are not mandatory for the pet’s health (e.g. ear-cropping, tail docking, devocalization, claws or teeth removal). Requesting such surgeries is strictly prohibited.
  • Selling imported pets.
  • Selling pets for slaughter or experiments or as live food.
  • Professional breeding without any approval from an administrative authority.
  • Selling of multiple different species or selling pets in huge quantities, as this conflicts with the proper treatment of animals.
  • Selling pets before they reach an appropriate age. The minimum age for puppies is 12 weeks and for kittens 12 weeks or older.
  • Selling pets to users younger than 18 years.
  • Selling wolf hybrids.
  • Selling dogs without indication of the registration number. In cases where registration has not yet been made, the puppy’s mother’s registration number must be indicated.

Users selling pets are obliged to obtain information about the legal regulations and are forced to comply with these. Further information regarding the sale of living pets and animal welfare can be found here UK: http://paag.org.uk/ SWE: http://www.djurskyddet.se/ http://www.jordbruksverket.se/ IT: http://www.regione.fvg.it/ DE: http://www.gesetze-im-internet.de/ And in each country’s specific FAQ section.

§ 8 Granting of rights and liability for users

By posting user contributions, the user grants and the user represents and warrants that he has the right to grant, to the Operator an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the content created by the user for any purpose, commercial, advertising, or otherwise, or in connection with Shpock or any other product or service of the Operator or the promotion thereof.

This includes the full and unrestricted online and offline use of such content. These rights remain indefinitely with the Operator, even if the user is no longer registered with Shpock.

Shall the Operator be held liable, due to a violation of the Terms or applicable law by the user, the user obliges himself to release the Operator from any legal consequences (e.g. claims of third parties). The indemnity includes but is not limited to payable fines, damages, as well as all costs of legal defence and legal representation.

§ 9 Classified ads and transactions, real-estate offers

The displays of items offered for sale or rent (in the following called "classified ads") include information about the user who is offering this item or real-estate (hereinafter referred to as “Seller” or “Renter”), user uploaded images of the item, a description of the item provided by the user, the approximate location of the item, as well as a purchase price proposal of the seller/renter. If the seller states a price of 0.00 it means he intends to give the item away for free. If the Operator is informed that this is not the case, the classified ad will immediately be removed.

Other users can view classified ads and submit offers to purchase the item. The seller can accept an offer or in turn submit a counter offer. If the seller and a certain user (hereinafter "buyer") agree on a certain price (referred in the following as "purchase price"), a binding sales contract concerning the item in the classified ad is concluded - one party accepts and the other confirms. The buyer is obliged to pay the purchase price and to pick up the item from the seller. The seller is obliged to sell the item shown and described in the classified ad.

Offers can be cancelled by the seller or the buyer before the other party has confirmed.

The Operator points out that the sales contracts in regards to classified ads constitute contracts between the users themselves. The Operator does not offer any items, does not submit any bids, does not receive any bids and does not accept any offers in regards of the items in the classified ads. The Operator is not a party partaking in the sales contracts concluded, which are closed exclusively between the users of this marketplace. Furthermore, the fulfilment of these sales contracts concluded via the platform of the Operator is exclusively carried out among users.

The Operator is not obliged to verify the transmitted or stored information or to actively search for circumstances which may indicate illegal activity.

Should the Operator somehow become aware of a specific unlawful act of an individual user or receive information within the Shpock services, the information will immediately be removed or the access to this content will be blocked.

§ 10 Liability

The Operator cannot be held liable for the correctness of the information or the images shown in the classified ads or the comments of the users or the contractual commitment of users or the flawlessness of the purchased item.

The Operator is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of Shpock, unless they are caused intentionally or grossly negligently by the Operator or the damage concerns the injury of life, body or health. The Operator is liable only for the amount which corresponding with contract-typical foreseeable damages. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.

The foregoing limitations of liability include claims against employees or representatives of the Operator as well as the licensors of the Operator and their licensors or the licensees of the Operator and their licensees. Shpock services might be subject to an underlying licensing agreement. The liability of the licensor is determined by the respective licensing agreement.

Moreover, the Operator is not liable for the content, accuracy, legality and functionality of third party internet pages, which reference from or to the platform of the Operator via a link.

The Shpock services are only accessible for the user with an active Internet connection. The Operator neither assumes responsibility that the Shpock services are continuously usable and/or accessible, nor is the Operator liable for technical transmission delays or failures. The Operator excludes any warranty for the functionality of the Shpock services. The Operator is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers.

The user will inform himself about the tax and / or fee obligations which may occur in his country of origin. In case that national taxes and / or fees for the use of Shpock services are due, these must be paid by the user.

§ 11 Data protection

The protection of the personal data provided is very important to the Operator. Privacy rules, as specified in the Privacy Policy, apply.

§ 12 Shpock trademark rights

Shpock and other trademarks owned by the operator may not be used without express written consent. Expressly excluded is the use of press photos provided by the operator on the Shpock website for press and marketing purposes.

§ 13 Violations of the Terms

In case of violations of one or more of these provisions the Operator is entitled to temporarily or permanently, and notwithstanding of further legal steps against the affected user, block or delete his/her account, posts, classified ads and any other content provided by this user, and/or to partly or fully prevent the publication of articles and profiles of the user and/or to block his access to the Shpock services totally or in part.

In case a user receives a definite block (restriction) from the Shpock services, all purchased premium features forfeit without compensation. For a temporary block the right to use the premium features will not be extended by the period of the exclusion. These services also forfeit without compensation.

If a temporary blocked classified ad will be blocked definitely, all premium features purchased and/or used for this ad will forfeit without compensation. For a temporary block of a classified ad the right to use the purchased and/or used premium features for this classified ad will not be extended by the period of the block. These services also forfeit without compensation.

The enforcement of any other claims, especially for damage compensation, remains expressly reserved for the Operator.

If users violate the rights of third parties or the Terms, we ask to use the “Report” function on the respective product.

§ 14 Amendment of the Terms

As soon as the Operator changes the Terms, the amended version together with the respective publication date will be published herein. An explicit reference to the change of the Terms will not be made. The Terms shall automatically be reviewed by the users periodically to check for changes. If the user does not agree with the changes he remains free to request the deletion of his account.

§ 15 Final provisions

The Terms shall be subject to Austrian law, excluding the UN Convention of International Sale of Goods and the reference norms (IPRG, EVÜ, etc.); in case that the contracting party is a private user, the law of the user' s habitual residence country applies, if more favourable to the user . The exclusive place of jurisdiction is the relevant court in Vienna, Austria . For possible cases, where a lawsuit against a private user shall be filed; it has to be filed at the user’s general place of jurisdiction .

With a view to reaching an out - of - court settlement between the Operator and the User, the User my contact the online platform provided by the EU . The so - called ADR - platform is available here: http://ec.europa.eu/consumers/odr/. The Operator expressly points out that the sales contracts in regards of classified ads constitute contracts between the users. The Operator does not offer any items, does not submit any bids, does not receive any bids and does not accept any offers in regards of the items in the classified ads.

If individual stipulations of the Terms should be or become ineffective, invalid or unworkable, this shall not touch the legal effectiveness of the other stipulations of the Terms. In place of the ineffective, invalid or unworkable stipulation, a valid and workable regulation shall apply which approximates as closely as possible to that the contract partners would have economically intended if the contract partners would have pursued with the ineffective, invalid or unworkable stipulation. The above stipulations apply accordingly in the event that the contract is shown to be incomplete.

Terms and conditions version: 2019-07-22 finderly GmbH, Vienna, Austria

Disclaimer with regards to the vehicle lookup service for Shpock users located in the UK

If you are a Shpock user located in the UK and using the vehicle lookup service, please take note of the following permitted use and use restrictions:

  • You are only allowed to use the service for personal, non-commercial purposes.
  • CAP data and software are protected by database rights. All rights are reserved.
  • You are not allowed to mass-extract or re-utilise information accessed from the Operator.
  • User vehicle valuations are provided “as is” and no warranties are given in relation to such valuations.
  • You are required to comply with these user instructions.
  • CAP reserves the right to enforce any breach of the terms directly against a Shpock user.

Disclaimer version: 2017-10-27 finderly GmbH, Vienna, Austria

Shpock+ Terms and Conditions

The Terms are translated from the original German version. Please note that if the Terms are inconsistent with the Terms and Conditions in German, the German Terms and Conditions will prevail.

§1 Preamble & Subject matter of the contract

finderly GmbH, Donau-City-Str.1, 1220 Vienna, Austria (hereinafter referred to as "the operator") operates websites and mobile apps (iOS and Android) under the name "Shpock". Within Shpock, using the Shpock+ service, companies (hereinafter referred to as "Shpock+ Customer / s") will be given the opportunity to purchase advertising packages and to offer and sell products and services to Shpock users (hereinafter referred to as “Shpock+”). The general Terms and Conditions of the operator shall apply on a subsidiary basis to these Shpock+ terms and conditions. The Privacy Policy is applied accordingly.

§2 Contracting party of the operator

Shpock+ Customers are exclusively companies registered in Austria, Germany and the UK, consumers are expressly excluded from using Shpock+.

§3 Formation and duration of the contract

A free of charge trial-period access can be granted by the operator on a voluntary basis and revoked at any time. There is no legal obligation for granting the trial-period. The contractual relationship between the operator and Shpock+ Customer is concluded by sending the order form to operator and paying the selected package. The duration of the contract is confirmed in the order confirmation. The ordered package ends automatically with the end of the contract term. Operator reserves the right to change and / or discontinue Shpock+ at any time. Already performed services remain unaffected. Operator reserves the right to extraordinary contract termination in case of contract violation, e.g. if the monthly payment cannot be retrieved. The already paid remuneration is not refunded.

§4 Payment and the receipt of electronic invoices

Payment for Shpock+ will be made in advance with the order of the selected ad package as a one-time or monthly payment made on the Shpock+ website. Shpock+ Customer expressly agrees to receive electronic invoices by e-mail. In case that monthly payment is chosen, Shpock+ Customer gives Operator the permission to use the provided payment data on Shpock+ Customer`s behalf, for the monthly payment processing.

§5 Obligations of the Shpock+ customer

Shpock+ Customer is responsible for ensuring that all legal obligations relating to distance contracts with consumers are respected. For the sake of clarity, it is stated that the operator only provides Shpock and the Shpock+ services. The contracts are exclusively concluded between the Shpock+ Customers and the Shpock Users. The fulfilment of these contracts concluded via the operator`s platform is carried out exclusively among the Shpock+ Customers and the Shpock Users. The Shpock+ Customer's terms and conditions, which serve as a basis for offers and purchase agreements, must contain information on the right of withdrawal for consumers, a reference to the European ADR-platform and, if applicable, other statutory information. Shpock+ Customer is obligated to comply with Austrian and European data protection regulations. Shpock+ Customer undertakes not to violate any applicable statutory or governmental regulations or any intellectual property rights or other rights of third parties. Shpock+ Customer shall be liable for the correctness of the data provided during registration and for the confidentiality of access data. Shpock+ Customer will not offer any goods or services on Shpock for sale, which infringe current law, are counterfeits, pornographic or obscene content. Shpock+ Customer will not behave contrary to morality. For more information on prohibited practices, please have a look at Articles 6 and 7 of the Shpock Terms and Conditions. Shpock+ Customer shall not sell pets and living creatures. Only the sale of pet accessories is permitted. Shpock+ Customer agrees that the telephone number provided is publicly posted on Shpock. Shpock+ Customer will not sell any goods that contain THC or CBD, even in the event that the sale of these goods is not prohibited by the Austrian Medicines Act or Austrian Narcotic Substances Act.

§6 Warranty and liability

Shpock+ Customer is obligated to examine the service provided by the operator immediately after provision by the operator and immediately notify any defects in writing, otherwise no warranty and/or damage claims may be asserted. Technical defects that are remediable and reported in a timely manner, are remedied within a reasonable period. In the event of defects, Shpock+ Customer's warranty is limited to making improvements. Operator assumes no guarantee that the services provided are suitable for a particular purpose of the Shpock+ customer. Operator is only liable for intent and gross negligence; the liability for slight negligence is expressly excluded. Claims for damages of the Shpock+ Customer are restricted by the amount of the respective order value. Liability for consequential damages, in particular for lost profit, is excluded. Operator is not liable for any data loss or damage to data. Operator is not liable for damages that occur on the computer or other technical devices of the Shpock+ Customer. The period for the enforcement of warranty claims, consensually limited to improvement, shall be six months from the date of delivery of Shpock+. Insofar as damages are not claimed within a period of six months from the occurrence of damage, these shall be deemed to be statute-barred. Operator shall not be liable for damage to the Shpock+ Customer due to misuse or loss of his access data (Username, Password, etc).

§7 PayPal

The Shpock+ Customer may choose to connect their Shpock account with PayPal. If the Shpock+ Customer decides to connect with PayPal, Shpock Users will have the option to buy all items listed by the Shpock+ Customer using PayPal. If in such case the Shpock User requests PayPal payment, the Shpock+ Customer will have to accept this form of payment and will not be able to ask for another payment method. However, the Shpock+ Customer will still have the right to reject the whole transaction. The Shpock+ Customer will also have the right to disconnect their Shpock account from PayPal at any time. PayPal will charge its own transaction fees (the “Fees”) to Shpock+ Customer, depending on the contractual set-up of the Shpock+ Customer with PayPal. Please make sures you are familiar with PayPal’s terms of use, which you will have to agree to, when you set-up your PayPal account. Seller and Buyer Protection and Dispute resolution for PayPal Transactions  If PayPal is used as a payment method on Shpock, PayPal’s Buyer and Seller Protection may apply, more details available in our Help Center, which is only available in the Shpock App and on PayPal’s website.  Dispute resolution can be initiated by the Shpock+ Costumer or the Shpock User using PayPal’s PayPal’s DisputeResolution Centre.

§8 Intellectual property

All rights to Shpock, Shpock+ and other documents / materials provided by the Operator to the Shpock+ Customer are and remain the sole property of the operator.

§9 Confidentiality

Press releases and any communication related to Shpock and Shpock+ are only possible with the written consent of the operator. Shpock+ Customer is not allowed to use the "Shpock" and "finderly" trademarks or the Shpock logo/s.

§10 Support

Telephone support is provided on Austrian business days from 9 am to 5 pm Central European Time, additional costs for extra charges are reserved.

§11 Final clause, applicable law, jurisdiction

All contracts for the use of Shpock+ shall be concluded on the basis of these Terms and Conditions. There are no verbal or additional written agreements. The Terms shall be subject to Austrian law, excluding the UN Convention of International Sale of Goods and the reference norms (IPRG, EVÜ, etc.). Exclusive court of jurisdiction is the competent court in Vienna, Austria. Should a provision of these Terms and Conditions be or become ineffective and / or incomplete, it shall be replaced by the provision which comes closest to its economic effect. Should individual provisions of these Terms and Conditions not be in accordance with mandatory legal regulations, this does not affect the remaining provisions of these terms and conditions.

Shpock+ Terms and conditions version:2018-02-23 finderly GmbH, Vienna, Austria

Shpock+ Motors Terms and Conditions

§ 1 Definition

Shpock+ Motors allows commercial car dealers (hereinafter referred to as "Shpock+ Motors Customer") to post adverts of new and used vehicles to users of the Shpock platform ("Shpock User"). "Shpock+ Motors" is provided by finderly GmbH (hereinafter "Operator").

§ 2 Contracting Parties

Shpock+ Motors Customers are exclusively companies registered in the UK, consumers are expressly excluded from using Shpock+ Motors.

§ 3 Contract formation and duration

3.1 Contract formation

A free of charge trial-period access can be granted by the operator on a voluntary basis and revoked at any time. There is no legal obligation for granting the trial-period. The contractual relationship between the Operator and Shpock+ Motors Customer is concluded by sending the order form to operator and paying the selected package. The duration of the contract is confirmed in the order confirmation.

3.2 Contract duration and termination

The minimum contract duration will be indicated on the website and in the order confirmation (currently 3 months, 6 months or 12 months). After the selected minimum duration, the package will renew for additional monthly periods, if not terminated with a 30-days’ notice period prior to the end of the contract duration (3 months, 6 months of 12 months) via e-mail to motors@shpock.com. If the package is not terminated and is therefore renewed for additional monthly periods, the costs for the monthly package may increase.

§ 4 Payment and the receipt of an electronic invoice

Payment for Shpock+ Motors will be made in advance with the order of the selected ad package as a one-time or monthly payment made on the Shpock+ Motors website. Shpock+ Motors Customer expressly agrees to receive electronic invoices by e-mail. In case that monthly payment is chosen, Shpock+ Motors Customer gives Operator the permission to use the provided payment data on Shpock+ Motors Customer`s behalf, for the monthly payment processing.

§ 4a Payment methods and pre-purchased credits

Purchases for the Shpock+ Motors service can be made with the payment methods currently available at the Shpock+ Motors Website, as well as with credits, which are purchased in advance at the Shpock+ Motors Website. Credits can be used for a time-frame, as indicated in the offer page. Free credits can be offered in the sole discretion of the Operator.

§ 5 Obligations of the Shpock+ Motors Customer

Shpock+ Motors Customer is responsible for ensuring that all legal obligations relating to distance contracts with consumers are respected. For the sake of clarity, it is stated that the operator only provides Shpock and the Shpock+ Motors services. The sales contracts are exclusively concluded between the Shpock+ Motors Customers and the Shpock Users. The fulfilment of these contracts concluded via the Operator`s platform is carried out exclusively among the Shpock+ Motors Customers and the Shpock Users. The Shpock+ Motors Customer's terms and conditions, which serve as a basis for offers and purchase agreements, must contain information on the right of withdrawal for consumers, a reference to the European ADR-platform and, if applicable, other statutory information. Shpock+ Motors Customer is obligated to comply with Austrian and European data protection regulations. Shpock+ Motors Customer undertakes not to violate any applicable statutory or governmental regulations or any intellectual property rights or other rights of third parties. Shpock+ Motors Customer shall be liable for the correctness of the data provided during registration and for the confidentiality of access data. Shpock+ Motors Customer will not offer any goods or services on Shpock for sale, which infringe current law, are counterfeits, pornographic or obscene content. Shpock+ Motors Customer will not behave contrary to morality. For more information on prohibited practices, please have a look at Articles 6 and 7 of the Shpock Terms and Conditions. Shpock+ Motors Customer agrees that the telephone number provided is publicly posted on Shpock. Shpock+ Motors Customer explicitly agrees for his contact data consisting of company name, phone number and similar data to be publicly available in the Shpock service. Shpock+ Motors customer explicitly agrees for the phone calls made to be tracked and displayed in the respective Shock+ manager dashboard.

§ 6 Warranty and liability

6.1 Shpock+ Motors Customer is obligated to examine the service provided by the Operator immediately after provision by the Operator and immediately notify any defects in writing, otherwise no warranty and/or damage claims may be asserted. Technical defects that are remediable and reported in a timely manner, are remedied within a reasonable period. In the event of defects, Shpock+ Motors Customer's warranty is limited to making improvements. Operator assumes no guarantee that the services provided are suitable for a particular purpose of the Shpock+ Motors customer. Operator is only liable for intent and gross negligence; the liability for slight negligence is expressly excluded. Claims for damages of the Shpock+ Motors Customer are restricted by the amount of the respective order value. Liability for consequential damages, in particular for lost profit, is excluded. Operator is not liable for any data loss or damage to data. Operator is not liable for damages that occur on the computer or other technical devices of the Shpock+ Motors Customer. The period for the enforcement of warranty claims, consensually limited to improvement, shall be six months from the date of delivery of the Shpock+ Motors service. Insofar as damages are not claimed within a period of six months from the occurrence of damage, these shall be deemed to be statute-barred. Operator shall not be liable for damage to the Shpock+ Motors Customer due to misuse or loss of his access data (Username, Password, etc).

6.2 Disclaimer with regards to the vehicle lookup service - for Companies using the vehicle lookup service, the following is agreed:

  • Company is only allowed to use the service for the purpose of advertising vehicles for sale on Shpock
  • CAP HPI data and software are protected by database rights. All rights are reserved.
  • Company is not allowed to mass-extract or re-utilise information accessed from the Operator.
  • User vehicle valuations are provided “as is” and no warranties are given in relation to such valuations.
  • Company is required to comply with these user instructions.
  • CAP HPI reserves the right to enforce any breach of the terms directly against a Shpock+ Motors user.

§ 7 Integration of Data Feed Provider

Integration of a Data Feed Provider is only possible with the explicit consent of the Shpock+ Motors Customer. It is applicable, when a Shpock+ Motors Customer uses a data feed provider to extract the raw vehicle inventory data from a Dealer Management System, and this vehicle inventory can be integrated into the Shpock+ Motors system. The vehicle inventory received from a Data Feed Provider and displayed in a Shpock+ Motors shop is provided "as is"; therefore, no warranties or guarantees for the data can be assumed by Operator. The Shpock+ Motors customer is obliged to keep the vehicle inventory accurate.

§ 8 Intellectual property

All rights to Shpock, Shpock+Motors, and other documents / materials provided by the Operator to the Shpock+ Motors Customer are and remain the sole property of the operator.

§ 9 Confidentiality

Press releases and any communication related to Shpock and Shpock+ Motors are only possible with the written consent of the operator. Shpock+ Motors Customer is not allowed to use the "Shpock" and "finderly" trademarks or the Shpock logo/s.

§ 10 Support

Telephone support is provided on Austrian business days from 8 am to 6 pm British Standard Time, additional costs for extra charges are reserved.

§ 11 Final clause, applicable law, jurisdiction

All contracts for the use of Shpock+ Motors shall be concluded on the basis of these Terms and Conditions. There are no verbal or additional written agreements. The Terms shall be subject to Austrian law, excluding the UN Convention of International Sale of Goods and the reference norms (IPRG, EVÜ, etc.). Exclusive court of jurisdiction is the competent court in Vienna, Austria. Should a provision of these Terms and Conditions be or become ineffective and / or incomplete, it shall be replaced by the provision which comes closest to its economic effect. Should individual provisions of these Terms and Conditions not be in accordance with mandatory legal regulations, this does not affect the remaining provisions of these terms and conditions.

Shpock+ Motors Terms and conditions version:

finderly GmbH, Vienna, Austria

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