Terms and conditions

§ 1 An Introduction to Shpock

Welcome to Shpock - The Joy of Selling!

Shpock is a mobile-first marketplace encouraging people to find the joy in selling. The declutterers. The wallet boosters. The eco-conscious. Turn electronics, fashion and almost anything else into cash in your pocket!

Shpock is registered under finderly GmbH, Donau-City-Straße 1, 1220 Vienna, Austria (“Shpock”). Shpock operates websites “shpock.com” and other country specific top-level domains such as “.co.uk”, “.de”, & “.at”. Shpock also offers mobile apps for Android and iOS, which operate under the name “Shpock”. Websites, mobile apps and all services made available by these platforms are hereinafter referred to as “Shpock” or “Shpock Services”.

These terms and conditions (the “Terms”) apply to the use of all Shpock Services. If using Shpock the user accepts these terms and shall be obliged to adhere to them.

Shpock can be used by downloading the app free of charge from the Google Play Store or the Apple App store, or via the Shpock website (shpock.com, .co.uk, .de, .at).

§ 2 Offered Services

As a registered user, you can make offers and buy and sell a variety of goods and services (“products”). This is permitted providing it doesn’t break any laws, is not against good morals, our Terms, or our Prohibited Items list.

Shpock’s basic service is free of charge. Additional products such as Hot, VIP & Top, Bump along with our Premium Membership (“premium features”) are subject to an additional charge and can be purchased exclusively through the Apple App Store and Google Play Store. The prices are clearly displayed prior to purchase and are inclusive of VAT and any applicable statutory rates. Shpock reserves the right to change these prices at any given time, and may offer varying premium features across the Android App, iOS app and website due to different stages of development. In case Shpock increases the price of premium features users are entitled to terminate their subscription with effect before the increasement.

Once the user has confirmed their purchase the user agrees that Shpock, concluding the contract, delivers the service in its entirety immediately.

Shpock is not responsible for content generated by users and there is no right for publication of content. Shpock reserves the right to suspend or remove a user from the platform without reason. It is also prohibited to create another account under a different name and/or e-mail address if you have previously been blocked from using Shpock.

§ 3 Contractual conditions

Shpock only provides the framework for users to buy and sell. Posts for buying and selling are not legally binding offers by Shpock and Shpock is not a contracting party. The contract is between the users of the marketplace and the fulfillment of these contracts is concluded via the Shpock Services but carried out exclusively among the users.

Shpock offers a variety of premium features. Once the user selects the premium feature and pays for it, the feature is activated and Shpock has fulfilled their contractual obligation for the premium feature.

§ 4 Eligibility, registration, and deletion of the account

Registration is free of charge. You must be over 18 to use Shpock. If you are aged 14-17 you can use Shpock providing you have approval from your parent or legal guardian.

Commercial use is forbidden unless individual approval by Shpock has been granted. Examples (although not an exhaustive list) could include Shpock+ customers.

Registering for a Shpock account may be completed via Facebook, Google, Apple, or e-mail. The specified profile data provided by the user must be correct. Multiple registrations and accounts are not permitted.

The user is responsible for taking the appropriate measures to keep their login credentials confidential. If a third party has accessed the user’s login details, then the user must change them.

By registering, the user agrees to receiving the Shpock newsletter and will receive regular information from Shpock. The user can unsubscribe at any time by disabling the subscription newsletter in their profile, or by clicking the unsubscribe link in the newsletter.

Users can delete their account at any time, without reason. Further information can be found in our Privacy Policy.

§ 5 Withdrawal and termination

The cancellation policy applies to consumers who have purchased certain premium Shpock features that they have paid for.

Right to cancel premium features:

After purchase of a premium service at a cost of more than EUR 50.00, the consumer has 14 calendar days to withdraw from the contractual agreement. This must be done in writing (e-mail or letter) and can be done without reason. Cancellation requests must be sent in writing to:

finderly GmbH Donau-City-Straße 1 A-1220 Vienna, Austria

Or via e-mail to cancellation@shpock.com.

Shpock will then delete the premium feature and repay the money, if already paid by the consumer.

If the user themself deletes the premium feature product after it was applied/used, it’s considered fully consumed even if the feature is time-dependent and the period hasn’t expired (e.g. deleting a post with a highlight-premium-feature, deleting a premium search agent, deleting the user-account).

§ 6 Payment using PayPal

Payment via PayPal is eligible in specific countries. The seller must connect their PayPal account to their Shpock account. The buyer does not have to connect their PayPal account. Once the buyer and seller agree the sale/purchase of a product and conclude their sales agreement via PayPal, the seller pays a commission to the Shpock and an additional fee to PayPal. The PayPal fee will be dependent on the set-up of their PayPal account (see PayPal’s terms of use). The buyer does not pay any fees and only pays the agreed price of the purchased item. If a refund is processed the seller will not receive a refund of the fees paid to Shpock.

If PayPal is the method of payment, PayPal’s Buyer and Seller Protection may apply. Dispute resolution can be initiated by the buyer or seller using PayPal’s Dispute Resolution Centre. To find out more visit PayPal.

§ 7 Delivery

The door-to-door collection & delivery service is provided either by Parcel2Go or Royal Mail and only available in the UK.

If an item is available for delivery, the buyer will be made aware at the time of making an offer, and will be able to select delivery as an option. The price the buyer pays will include the item, the Buyer Protection fee and also the price of delivery. The buyer will also need to provide their seller with additional information, i.e their delivery address.

The seller will initiate the delivery process by purchasing a delivery label via the Parcel2Go or Royal Mail. Shpock does not take any ownership or responsibility for the performance of the delivery service. Please refer to Parcel2Go’s T&Cs or Royal Mail’s T&Cs for more information.

To make the delivery service possible, Shpock will share with Parcel2Go or Royal Mail the following data of the buyer and seller: Contact name, e-mail, phone number and full address.

Sellers may be offered or can also use alternative delivery providers. Sellers may transfer necessary personal data of buyers to such delivery providers to fulfil their contractual obligations versus the buyer.

§ 8 Vouchers, codes and other Customer Retention Programs

From time to time Shpock may offer Customer Retention Programs to Shpock users. Such programs are offered voluntarily and may be altered, amended, withdrawn or ended any time by Shpock. Rules and policies of such programs are published in the Shpock App, on the Shpock website or in individual notifications to the user.

Vouchers and codes may be offered by Shpock as discounts or as credits for performing defined actions. Users may collect and use vouchers and codes on their user accounts to receive a rebate by Shpock when making payments or to utilize a certain service. Vouchers and codes have a defined value or may be exchanged to get a defined service, as published from time to time on the Shpock platform. Getting a rebate with vouchers or codes is only possible when using our payment service provider partner Adyen.

Vouchers or codes can never be withdrawn as cash, or transferred to or exchanged with other users; they also may invalidate after a defined period. Vouchers and codes are not refunded or compensated, even if a Customer Retention Program is terminated before the user has used their vouchers and codes. If a user abuses such program, Shpock is entitled to cancel such user’s individual vouchers and codes or Customer Retention program advantages without compensation.

§ 9 Our Buyer Protection Program and payments using Adyen

The Buyer Protection program is available for users in the UK only. When listing an item, sellers must enable the item for Buyer Protection in order for it to be eligible. When enabling this feature, the seller agrees to the Buyer Protection terms.

When an item is eligible for Buyer Protection, the buyer has to make the payment in-app to be covered by Buyer Protection.

Payments will then be carried out via 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 directly and is therefore not liable for Adyen when performing payment services. When Buyer Protection is enabled, the users agree to be bound by the Adyen terms and conditions as well as the Shpock Buyer Protection terms.

Once the buyer uses the pays for their item that is eligible for Buyer Protection, they have confirmed the deal and the Buyer Protection terms and the seller will receive their funds into their Shpock Wallet. Depending on the payment method, payouts may take up to several working days. Users designate Shpock as an authorised representative towards Adyen and grant Shpock the power to act on their behalf towards Adyen.

The Shpock Wallet is an electronic money account that allows users to send and receive payments within Shpock. To set up the Shpock Wallet, our payment service provider, Adyen, will require some additional information from users to comply with applicable regulatory provisions, such as KYC (know your customer) procedures. Adyen will request at least the following data for Shpock Wallet users: Full name, e-mail address, date of birth, nationality, country of residence & bank account details. After the Shpock Wallet is configured, the money can be transferred any time from the Shpock Wallet to the user’s personal bank account. After receiving their first Secure Delivery payment via the Shpock Wallet, the seller has 150 days to complete the setup before the money is returned back to the buyer.

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

§ 10 Listings, images and copyright

Each post must be written and created by the user.

It is strictly prohibited to publish anything that:

  • is illegal, obscene, offensive or discriminatory
  • contains pornographic images or content
  • infringes personal rights
  • attacks the reputation of a person or a business
  • is seen as harassment through mass messages (spam), or any other kind
  • Is designed to electronically hack Shpock or spread a virus

Any of this behaviour will be reported to the relevant authority and your account will be blocked. It is also strictly prohibited to list anything on our Prohibited Item List.

Shpock reserves the right to remove posts, disable or delete any user’s account.

When publishing classified ads, the user must ensure that the images do not break copyright law. Images must not contain watermarks or any other copyright marks. The user must own the images they are using or have the right to publish them from the copyright owner. Shpock reserves the right to limit the maximum size of images and to modify or remove images.

§ 11 No sale of living creatures

Shpock respects the rights and dignity of living creatures. In most countries, the selling of living creatures is regulated by special laws. You may not offer, sell or exchange animals via Shpock.

For more information please refer to our Prohibited Item List.

§ 12 Granting of rights and liability for users

The user permits the Shpock a world-wide, fully paid, non-exclusive and transferable licence 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 Shpock or the promotion thereof.

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

Should Shpock be held liable, due to a violation of the Terms or applicable law by the user, the user obliges himself to release Shpock 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.

§ 13 Transactions between Users

Other Shpock users can view posts and submit offers to purchase. The seller can accept the offer or submit a counter offer. If the seller and potential buyer agree on a price (“purchase price”) and both parties confirm, a binding sales contract is entered. The buyer is obliged to pay the purchase price and pick up from the seller, if no other delivery is agreed upon. The seller is obliged to sell the classified ad as shown and described.

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

The contract between the seller and buyer is exclusively between the users themselves and must be closed on the Shpock platform. Shpock does not offer or receive any offers or submit or receive bids and therefore is not a party in the sales contract.

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

Should the Shpock 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.

§ 14 Liability

The seller holds liability for the correctness of the information, images and comments on the classified ads. Shpock cannot be held liable.

Shpock 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 Shpock or the damage concerns the injury of life, body or health. Shpock is liable only for the amount which corresponds 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 Shpock as well as the licensors of Shpock and their licensors or the licensees of Shpock 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, Shpock is not liable for the content, accuracy, legality and functionality of third-party internet pages, which reference from or to the platform of Shpock via a link.

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

The user will inform theirself 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.

§ 15 Data protection

Protection of your personal data is very important to us. To see our specific Privacy rules, see our Privacy Policy.

§ 16 Shpock trademark rights

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

§ 17 Violations of the Terms

If these terms are violated, Shpock is entitled to temporarily or permanently block or delete the affected user and remove their posts, classified ads and any other content provided by this user.

If a user receives a permanent ban from all Shpock services (including classified ads), all purchase premium features forfeit without compensation. If a user receives a temporary ban, the right to use the premium features will not be extended, and they will forfeit without compensation.

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

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

§ 18 Amendment of the Terms

Shpock reserves the right to change and amend the Terms at any time. An explicit reference to the change of Terms will not be made, and therefore the user must review the T&Cs periodically. If the user doesn’t agree to any changes they may exercise their Right to Deletion under GDPR and close their account.

§ 19 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 Shpock and the user, the user may contact the online platform provided by the EU. The ADR platform is available here: http://ec.europa.eu/consumers/odr/.

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. Instead a valid and workable regulation shall apply. The above stipulations apply accordingly in the event that the contract is shown to be incomplete.

Terms and conditions version: 2021-02-10 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 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 Shpock.
  • 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: 2020-12-02 finderly GmbH, Vienna, Austria

Shpock+ Terms and Conditions

§1 Introduction

Shpock is registered under finderly GmbH, Donau-City-Straße 1, 1220 Vienna, Austria (the “Shpock”). Companies using the Shpock+ service (Shpock+ Customer/s) will be given the opportunity to purchase advertising packages to promote their products and services to Shpock users (“Shpock+”). The general Terms and Conditions of Shpock shall apply on a subsidiary basis to these Shpock+ terms and conditions. The Privacy Policy is applied accordingly.

§2 Contracting party of Shpock

Shpock+ customers must be exclusively registered in Austria, Germany or the UK. Consumers are excluded from using Shpock+.

§3 Formation and duration of the contract

3.1 Contract formation

A free of charge trial-period can be granted by Shpock on a voluntary basis and revoked at any time. There is no legal obligation for granting the trial-period. The contractual relationship between Shpock and the Shpock+ customer is concluded by sending the order form to Shpock and paying for 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 the contract terms are 1 month, 3 months, 6 months or 12 months. After the selected minimum duration the package will auto-renew if not terminated and the cost of the monthly package may increase. Termination notices must be within a 30 day notice period before the end of the contract duration and must be e-mailed to plus@shpock.com.

Shpock reserves the right to change and/or discontinue Shpock+ at any time. Already performed services remain unaffected. Shpock reserves the right to extraordinary contract termination in the case of a 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+ is in advance of the selected ad package as a one-time or monthly payment made on the Shpock+ website. Shpock+ Customers expressly agree to receive electronic invoices by e-mail. If monthly payment is chosen, Shpock+ Customers give Shpock permission to use the provided payment data of the Shpock+ Customer's behalf for monthly payment processing.

§5 Obligations of the Shpock+ customer

Shpock+ Customers are responsible for ensuring that all legal obligations relating to distance contracts with consumers are respected. The contracts and their fulfillment are exclusively concluded between 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+ Customers

  • must comply with data protection regulations of the European Union and the United Kingdom and must not violate any applicable statutory or governmental regulations or any intellectual property rights or other rights of third parties.
  • shall be liable for the correctness of the data provided during registration and for the confidentiality of access data.
  • will not offer any goods or services on Shpock for sale which infringe current law, are counterfeits, pornographic or obscene content. Shpock+ Customers 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.
  • shall not sell pets and living creatures. Only the sale of pet accessories is permitted.
  • agrees that the telephone number they have provided is publicly posted on Shpock.
  • 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+ Customers are obligated to examine the service provided by Shpock and report 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 and Shpock assumes no guarantee that the services provided are suitable for a particular purpose of the Shpock+ customer. Shpock is only liable for intent and gross negligence; the liability for slight negligence is expressly excluded; this exclusion of liability shall not be applicable for injury of life, body or health. 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. Shpock is not liable for any data loss or damage to data. Shpock 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, is 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. Shpock 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 connects with PayPal, Shpock Users will have the option to buy all items listed by the Shpock+ Customer using PayPal as the method of payment and will not be asked 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 the Shpock+ Customer, depending on the contractual set-up within PayPal. 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. If PayPal is used as a payment method on Shpock, PayPal’s Buyer and Seller Protection may apply. Dispute resolution can be initiated by the Shpock+ Customer 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 Shpock to the Shpock+ Customer are and remain the sole property of Shpock.

§9 Confidentiality

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

§10 Support

For further support please visit our Help Centre.

§11 Final clause, applicable law, jurisdiction

All contracts for the use of Shpock+ shall be concluded on the basis of these Terms and Conditions. For all cases not regulated subsidiary to these Terms and Conditions the General Terms and Conditions of Shpock shall be applicable. 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: 2020-12-02 finderly GmbH, Vienna, Austria

Shpock+ Motors Terms and Conditions

§ 1 Definition

Shpock+ Motors allows commercial car dealers (hereinafter referred to as "Shpock+ Motors Customers") 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 excluded from using Shpock+ Motors.

§ 3 Contract formation and duration

3.1 Contract formation

A free of charge trial-period can be granted by Shpock on a voluntary basis and revoked at any time. There is no legal obligation for granting the trial-period. The contractual relationship between Shpock and Shpock+ Motors Customers is concluded by sending the order form to Shpock 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 automatically renew for additional monthly periods, if not terminated with a 30-days’ notice period prior to the end of the contract duration 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.

§ 4a 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 Customers expressly agree to receive electronic invoices by e-mail. If monthly payment is chosen, Shpock+ Motors Customers gives Shpock permission to use the provided payment data on Shpock+ Motors Customer's behalf, for the monthly payment processing.

§ 4b 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 have an expiry date as indicated in the offer page. Free credits can be offered at the discretion of Shpock.

§ 5 Obligations of the Shpock+ Motors Customer

Shpock+ Motor Customers are responsible for ensuring that all legal obligations relating to distance contracts with consumers are respected. The contracts and their fulfillment are exclusively concluded between the Shpock+ Motor Customers and the Shpock Users. The Shpock+ Motor 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+ Motor Customers must comply with data protection regulations in the European Union and the United Kingdom and must not violate any applicable statutory or governmental regulations or any intellectual property rights or other rights of third parties. Shpock+ Customers shall be liable for the correctness of the data provided during registration and for the confidentiality of access data. Shpock+ Motor Customers will not offer any goods or services on Shpock for sale which infringe current law, are counterfeits, pornographic or obscene content. Shpock+ Motor Customers will not behave contrary to morality. For more information on prohibited practices, please have a look atArticles 6 and 7 of the Shpock Terms and Conditions.

Shpock+ Motors Customers agree 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. This consent may be withdrawn any time according to the applicable data protection law; withdrawal of the consent leads to termination of the contract. 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+ Motor Customers are obligated to examine the service provided by Shpock and report 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+ Motor Customer's warranty is limited to making improvements and Shpock assumes no guarantee that the services provided are suitable for a particular purpose of the Shpock+ Motor Customer. Shpock is only liable for intent and gross negligence; the liability for slight negligence is expressly excluded; this exclusion of liability shall not be applicable for injury of life, body or health. Claims for damages of the Shpock+ Motor Customer are restricted by the amount of the respective order value. Liability for consequential damages, in particular for lost profit, is excluded. Shpock is not liable for any data loss or damage to data. Shpock is not liable for damages that occur on the computer or other technical devices of the Shpock+ Motor Customer. The period for the enforcement of warranty claims, is 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. Shpock shall not be liable for damage to the Shpock+ Motor 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 Shpock.
  • 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 Shpock to the Shpock+ Motors Customer are and remain the sole property of Shpock.

§ 9 Confidentiality

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

§ 10 Support

For further support please visit our Help Centre

§ 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 remainingprovisions of these terms and conditions.

Shpock+ Motors Terms and conditions version: 2020-12-02 finderly GmbH, Vienna, Austria