shpock
Mobilna pijaca za lepe stvari u komšiluku

General terms and conditions

§1 Preamble

Welcome to Shpock - the boot sale app for beautiful things!

Second hand, used, antique or just beautiful. With Shpock - the boot sale app for beautiful things - you find the most beautiful things in your neighborhood and quickly sell your things to other people with taste.

The Finderly GmbH, Gredlerstraße 4/5-6a, 1020 Vienna, Austria (in the following called "Operator") operates under the name "Shpock" websites (shpock.com and other country specific top level domains like e.g. .co.uk, .de, .at) and mobile apps (Shpock app for Android, Shpock app for iOS) (hereinafter collectively referred to as "Shpock" / "Shpock services").

These terms and conditions (hereinafter referred to as "terms") apply to the use of the Shpock services. The terms available at Shpock at the exact time of use of Shpock services will be applied. By using Shpock services the user accepts these terms and conditions. If the user does not accept the terms and conditions, the use of any Shpock services is not permitted.

These terms and conditions are translated from the original German version. Please note that if these terms and conditions are inconsistent with the terms and conditions in German, the German terms and conditions will control.

§ 2 Offered Services

Shpock is a marketplace on which registered users can offer, sell and buy all kinds of goods (hereinafter referred to as "goods"), as far as their offer, sales or acquisition does not violate statutory provisions, good morals, or these terms. The Operator is not a contract 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 those contracts.

The use of the basic version of the Shpock service is free of charge. Depending on mobile phone rates, costs for data transfer may apply, which have to be borne by the user. The free Shpock app can be downloaded from the Google play store and the Apple app store. In addition there is a Shpock website.

The user can purchase various additional features (“premium features”), which are subject to charge. The respective prices are shown to the user clearly on the Shpock website and in the mobile apps before the actual purchase. The Operator reserves the right to change these prices at unspecified times. Moreover, the Operator reserves the right to offer different premium features in the Android App, the iOS App and the website, due to different stages of development.

The user agrees with his purchase of a premium-feature that Shpock immediately performs the purchased service completely after the conclusion of the corresponding contract.

There is no responsibility for content generated by users. At the same time there is no right for publication. Participation in Shpock is not enforceable and can also not be compelled or required in any other form. The Operator reserves the right to deny the active participation of Shpock temporarily or permanently even without further reasons. A new registration under a different name and/or other E-Mail address after blocking is not allowed. If a user has been blocked he may address himself by E-Mail to support@shpock.com and ask for clarifications on his block.

§ 3 Contractual conditions

The Operator only provides information for users. The presented classified ads according to § 7 and user posts according to § 6 are no legally binding offers by the Operator. Claims of such contracts between users cannot be claimed from the Operator. Under no circumstance does the Operator enter a sales agreement or any other agreement with the user in regards of the purchase or sale of any item in a classified ad, or in regards of user posts presented in the Shpock Services.

The Operator offers various paid premium features. These premium features represent offers by the Operator in order to conclude a contract, with regard to the respective premium feature. Contracts for the use of paid premium features are conducted by the user’s acceptance of the respective offer.

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 of 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 prohibited. The printing of the displayed information is only allowed for private purposes and only to an absolutely necessary extent. Any use of the information for business purposes, in particular the commercial use is forbidden. The user shall ensure that information used for private purposes will not be used by unauthorized third parties.

All the information in the Shpock services has greater copyright protection under the Copyright Act. Reproduction, copying, or modification of any kind is permitted only with prior written permission of the Operator.

The Shpock app is usable for owners of Android and iOS devices, whereas it cannot be guaranteed that it works perfectly on all devices with each version of the operating systems. Please note that additional terms and conditions by the Google play store and the Apple app store may apply to the user.

§ 4 Eligibility, registration, and cancellation

Users have to register to use most of the features. Registration is free for users. The use of the Shpock service is allowed for individuals over 18 years of age who are in a position to enter into a legally binding contract. Commercial use is strictly forbidden except the Operator particularly approves a commercial use of the Shpock services. We do this sometimes, for example for young designers, as we personally like to support them.

The participation can be done by registration via a Facebook-Account or by E-Mail registration with SMS confirmation. By registering, the user confirms that he is at least 18 years old. The specified profile data must be true and complete and must continuously be kept up-to-date. Multiple registrations are not allowed.

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, Shpock needs to get informed immediately or the access data must be changed immediately.

By registering for Shpock, the user also agrees to the recurring receipt of the Shpock newsletter and therefore receives information at regular intervals from Shpock. To unsubscribe from the newsletter, simply disable the subscription of the newsletter in your user profile or directly click on the unsubscribe link in the newsletter.

Users can delete their user account at any time without giving reasons. In order to do so, please write an E-Mail to support@shpock.com .

§ 5 Cancellation policy for consumers

The cancellation policy applies to users within the meaning of the law (in Austria § 1 Abs 2 KSchG), who have purchased premium features, which are subject to charge, at the Operator via the Shpock services. Consumers are people who have registered for a purpose, which neither can be ascribed to their commercial nor to their independent professional career.

Right of cancellation of premium features:
The consumer may cancel the contractual agreement for a purchased premium feature premium features within a period of 7 working days, whereas Saturday does not countas a working day, in writing (e.g. E-Mail, Fax, Letter) without giving reasons. The cancellation period starts with the day of the conclusion of the contract. To comply with the cancellation period, it is sufficient to submit the cancellation in due time. The cancellation has to be sent to:

Finderly GmbH
Gredlerstraße 4/5-6a
A-1020 Vienna, Austria
E-Mail: cancellation@shpock.com
Fax: +43 660 33 200 70 80

According to §5f Z1 KSchG the consumer has no right to withdraw from contracts on the delivery of services, if both parties agreed, that the performance of the premium-feature will start within 7 working days from the conclusion of the contract (§5e Abs2 first sentence).

Consequences of an effective cancellation of premium features:
In the event of cancellation taking effect, services received on both sides must be returned and any benefits derived surrendered. If the user is not able to return the service received to the Operator fully or in part or only in deteriorated condition, the user must pay compensation in this regard. This can mean that the user is obliged to fulfil his contractual payment obligations for the period up to the cancellation anyhow. Obligations for refund of payments need to be fulfilled within 30 days. The period begins for the consumer with the dispatch of his cancellation declaration and for the Operator with the receipt of the declaration.

Premature expiration of the right of cancellation:
The consumer’s right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at particular request of the user, before the user has exercised his right of cancellation. This at least applies to the case where the user has consumed and completely paid for the Shpock premium feature. If the user deletes the foundation 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 or deleting a premium search agent).

§ 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 and adult content. 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 Shpock network or on individual users, as well as the spread of viruses etc. are strictly prohibited and are brought to display. Violations lead to the deletion of the article and blocking of the user account. In addition, the Operator reserves the right to move or remove posts or to disable or delete user accounts.

With the publication of classified ads, especially in regards of images (e.g. product images), the user must ensure that copyrights are respected accordingly, that the user has all rights to publish and that the user does not violate any rights whatsoever.

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 in Austria or in the state of the selling user or which may not be sold to all groups of people (eg. as a result of regulations) as well as for the distribution, offering or sale of food or living creatures.

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 afterwards.

§ 7 Granting of rights and liability for user contributions

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, on 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.

The user guarantees that he is the owner of all rights in the user contributions provided by him and no rights of third parties are infringed by the content.

Shall the Operator be held liable, due to a violation of these 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 defense and legal representation.

§ 8 Classified ads, transactions and liability

The displays of items offered for sale (in the following called "classified ads") include information about the user who is offering this item (hereinafter referred to as “Seller”), 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. If the seller states a price of 0.00 it means he intends to give the item away for free (If we are informed that this is not the case, we will immediately remove the classified ad.)

Other Shpock users can call classified ads and submit offers to purchase the item. The seller can accept an offer or in turn submit a new offer. If the seller and a certain user (hereinafter "buyer") agree on a certain price (referred in the following as "purchase price"), a sales contract concerning the item in the classified ad is concluded. 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 in the classified ad.

The Operator expressly points out that the sales contracts in regards of classified ads constitute contracts between the users. The Operator itself 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 itself is not a party to the sales contracts concluded exclusively between the users of this marketplace. The fulfilment of these sales contracts concluded via Shpock is carried out exclusively among users.

The Operator cannot be held liable for the correctness of the information or images given in the classified ads or the flawlessness of the purchased item.

Acording to the statutory provisions the Operator as a service provider is not obliged to verify the transmitted or stored information or to actively search for circumstances which point to an illegal activity.

Should the Operator somehow become aware of a specific unlawful act of a user or information within the Shpock services, the information will immediately be removed or the access to this content will be blocked. If you are aware of such actions or information we ask for immediate notification by E-Mail at support@shpock.com .

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 basic-services for users provided by Shpock are free of charge. In addition the Operator offers premium features which are subject to charge. 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 Shpock or the damage concerns the injury of life, body or health. The Operator is liable only in the amount for 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 licensor of the Operator and its licensors.

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

§ 9 Data protection

The protection of the personal data provided is very important to us. Our privacy rules, which are specified in our Privacy Policy, apply.

§ 10 Violations of the terms and conditions

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 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 has been blocked, he can write to support@shpock.com and ask for clarifications on his block.

In case a user gets a definite block 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 these terms, we ask for notification with a brief description via E-Mail at support@shpock.com .

§ 11 Amendment of the general terms and conditions

The Operator reserves the right to amend these terms at any time. 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.

§ 12 Final provisions

These terms and conditions shall be subject to Austrian law, excluding the UN Convention of International Sale of Goods and the reference norms (IPRG, EVÜ, etc.). The exclusive place of jurisdiction is the relevant court in Vienna, Austria.

If individual stipulations of these general terms and conditions should be or become ineffective, invalid or unworkable, this shall not touch the legal effectiveness of the other stipulations of these general terms and conditions. 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: 2014-03-06
finderly GmbH, Vienna, Austria

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