Terms and Conditions
Terms and Conditions
General Terms and Conditions of Protected Shops GmbH
These General Terms and Conditions (GTC) of Protected Shops GmbH, Lindwurmstraße 25, 80337 Munich (hereinafter "Provider") apply
- for the registration-required use of the provider's online portal at www.protectedshops.de/portal (hereinafter "Protected Shops Portal"),
- for all contracts for the acquisition of a protection package (hereinafter also referred to as "protection package contract") as well as for all contracts for the acquisition of valuation packages, but not for the law firm mandate (see section 1.7).
A. Use of the Protected Shops Portal
Registration to use the Protected Shops portal is free. On the Protected Shops portal, registered users can, among other things, subscribe to a free newsletter and conclude contracts (protection package and evaluation package contracts). Unless a (paid) protection package or evaluation package contract exists, the contract for using the Protected Shops Portal can be terminated at any time. Otherwise, the regulations in section D apply.
B. Protection Package Agreement
1. Conclusion of the contract
1.1 The product descriptions and price information provided by the supplier are binding. The customer can accept the supplier's offer to conclude a contract by submitting their order online after completing the individual order steps by clicking the "Order protection package" button. Clicking the button constitutes the customer's binding declaration of acceptance, upon receipt of which by the supplier the contract is concluded under these Terms and Conditions.
1.2 A prerequisite for placing an order is registration for the Protected Shops Portal, which – if not already done at an earlier time – can be done as part of the ordering process.
1.3 A protection package agreement applies exclusively to one commercial website (e.g., own online shop, Yatego, Amazon, or eBay presence). If the customer operates multiple commercial websites for which they wish to use the documents provided within the protection packages, they must register each commercial website separately. Accordingly, multiple protection package agreements will be concluded.
1.4 If the parties have agreed on special conditions, these generally do not apply to existing and future contractual relationships.
2. Services
2.1 Legal texts: The scope of services for each protection package type is described in the service description for the respective package on the provider's website at http://www.protectedshops.de. During the term of the protection package agreement, the provider will make legal texts ("documents") available to the customer for download and use in the registered online shop, depending on the agreed package. Documents are tailored based on customer input in the configurator. Updates are notified by email; documents are checked only against German law unless otherwise stated.
2.2 Protected Shops logo: Use permitted during the contract term only if documents are kept up to date and link to www.protectedshops.de is provided. No obligation to use the logo; the customer remains responsible for keeping documents current.
3. Granting of rights of use
Non-exclusive, non-transferable rights for the contract term to use documents only for the registered commercial site. No use beyond intended purpose: no commercial exploitation beyond contract, no edits (except marked fields), no disclosure to third parties unless necessary for customer contracts. Same applies to the logo under the conditions in 2.2.1.
4. Customer obligations
Customer is responsible for correct inputs in the configurator and for verifying documents. Customer must keep documents current; use of outdated documents is at the customer's own risk.
5. Contract duration
Indefinite term; either party may terminate with three months' notice to the end of a contract year, earliest after the minimum term (one year). Automatic renewal by one year absent timely termination. Extraordinary termination rights remain (e.g., non-payment, improper logo use, false registration data). After termination, no use of documents/logo; access to download area ends.
6. Liability
No legal advice is provided. For negligent breach of essential duties, liability is limited to foreseeable average damage at contract conclusion; otherwise limited to order value. Exclusions do not apply in cases of intent, gross negligence, fraud, injury to life/body/health, Product Liability Act, or guarantees.
7. Warranty
Provider indemnifies for justified third-party claims arising from contractual use of documents; covers necessary legal defense up to first instance. No indemnity if customer breached obligations in 4. Customer must promptly provide information needed for defense.
8. Further regulations
Otherwise, the regulations in section D apply.
C. Rating Package Agreement (Protected Shops Rating System)
Contract conclusion, services (rating system, overall rating, widget, VoteConnect, comments, feedback service), obligations, sanctions, term, liability follow the detailed provisions: Ratings apply only to the specified site; misuse (self-reviews, manipulation, improper widget use, unlawful content) is prohibited; technical requirements must be met; reviews and overall ratings are stored; after termination, widget must be removed; liability per section B.6.3.
D. General Provisions
Services are for businesses (§14 BGB) only. Access data must be kept confidential. Prices per portal at contract time; payment terms and default interest apply; no set-off/retention except for undisputed or adjudicated claims; no assignment. Warranty for software excludes non-standard environments. Availability is subject to technical limits. Contract language is German; governing law is German law; jurisdiction is Munich.
Before submitting declarations, inputs can be corrected; order receipt is confirmed electronically; contract text is stored in the customer account. Terminations in writing. Changes to GTC with notification and 4-week objection right; provider may terminate if objected. Version: February 2011 - V3.1.