1. scope of application
These Terms of Use apply to all services offered on the websites of RetailTour Global and its affiliated companies, in this case in particular the Best Retail Cases platform (hereinafter referred to as “RetailTour and its platform Best Retail Cases”), in particular to free and paid content and services (such as e-paper, newsletter, ticker messages, online learning systems and e-learning content, download of forms and download and transmission of other text, audio, video and image material, discussion forums, even if and insofar as access to these is provided by mobile end devices such as cell phones, PDAs, e-paper readers or other data storage and/or retrieval devices – hereinafter referred to in their entirety or individually as “Services”). The Terms of Use provided on the websites of RetailTour and its platform Best Retail Cases at the time the Services are ordered shall apply. Deviating provisions shall only apply if they have been expressly confirmed in writing by RetailTour and its platform Best Retail Cases. By using the services, the user expressly agrees to these terms of use without further explanation.
2. Availability
The services of the RetailTour and its platform Best Retail Cases are offered to the user subject to availability. The RetailTour and its platform Best Retail Cases endeavors to ensure that the services are available to the user without disruptions. Due to maintenance work and/or further developments and/or other disruptions, the possibilities of use may be limited and/or temporarily interrupted. This may also result in data loss under certain circumstances. This does not give rise to any claims for compensation on the part of the affected users. The RetailTour and its platform Best Retail Cases is also entitled to change or discontinue the services offered at any time at its own discretion without notice.
3. Contractual relationship
The contractual relationship regarding the use of chargeable services of the RetailTour and its platform Best Retail Cases comes into being through the registration with the desired and selected payment provider (e.g. Paypal) or alternatively the binding selection of another payment alternative (e.g. direct debit authorization, credit card payment), as well as the agreement to the general terms of use and the acceptance by the RetailTour and its platform Best Retail Cases. Acceptance by RetailTour and its platform Best Retail Cases takes place at the latest when access to the chargeable service is opened.
4 Registration
4.1 General
Registration: The user must register for certain services on the websites of RetailTour and its platform Best Retail Cases. The user assures that the personal data provided by him in the course of registration, in particular his first and last name, postal address, date of birth and e-mail address, are true and correct and that he will notify RetailTour and its platform Best Retail Cases of any changes to his data without delay. When registering for submission or voting, the user will automatically be included in the Best Retail Cases newsletter.
4.2 Newsletter
4.2.1 Registration: In order to subscribe to selected newsletters of the individual publications of RetailTour and its platform Best Retail Cases (such as RetailTour Fellowship Program), the user must complete the form provided on the respective publication’s website. In order to use the free newsletter, in addition to specifying the selected newsletter, it is only mandatory to provide one’s own e-mail address required to receive the newsletter. The provision of third-party e-mail addresses is not permitted. By ordering the free newsletter, the user allows RetailTour and its platform Best Retail Cases to inform the user at regular intervals about current industry news as well as services, products and offers from the industry. Otherwise, only such data is collected that is voluntarily provided to the RetailTour and its platform Best Retail Cases by its users.
4.2.2 Recommendation: Users who wish to recommend services of the RetailTour and its platform Best Retail Cases to others, please use the option provided. The RetailTour provides the technology here to send a mail to the recipient’s address. The data collected there will not be stored. The recipient will receive a mail with the corresponding link.
4.2.3 Unsubscribe: By clicking on the appropriate link in the footer of a free newsletter and subsequent confirmation on the website, the unsubscription of the e-mail address provided during registration is automatic. In the event of technical or other problems, technical support for unsubscribing is available to users at the address office@retail-tour.com.
4.3 E-paper use and print editions made available online
4.3.1 Access to and download of an e-paper or the print issues made available online is free of charge.
4.3.2 The user may make copies of the content of the e-paper offer or the print editions made available online for private use within the legally permissible scope.
5. abuse
Users who believe they have been the victim of misuse in connection with the services of the RetailTour and its Best Retail Cases platform may contact the following address: office@retail-tour.com.
6. data protection
For all information related to the handling of users’ data, the RetailTour and its platform Best Retail Cases refers to its separate privacy policy.
By registering, the organizer is granted permission to take photographs and film footage during the RetailTour and its platform Best Retail Cases or other RetailTour events and to use these recordings in connection with the event for public relations and documentation, analog and digital.
7. payment transactions
7.1 The fees for chargeable services are settled with the payment system provider to be selected by the User. In this context, the terms of use of the respective payment system provider selected by the User shall apply exclusively, to which reference is made at the appropriate point and corresponding assistance is provided. The payment claims are to be settled with the respective selected payment system provider in accordance with the respective terms of use. If another payment method (direct debit, credit card, etc.) is selected, the terms of delivery and payment stored there shall apply.
7.2 If the User does not meet his payment obligations, RetailTour and its platform Best Retail Cases are entitled, subject to further claims, to block the User’s access to the chargeable services. After settlement of the outstanding claims, access will be reopened.
7.3 The RetailTour and its platform Best Retail Cases reserves the right to commission appropriate companies to carry out the respective collection.
8. obligations of the user
8.1 Compliance with applicable legal provisions: The user undertakes not to violate applicable legal provisions.
8.2 He especially commits himself to ensure that
contents distributed by him do not violate the rights of third parties (such as copyrights, patent and trademark rights);
the applicable criminal laws and regulations for the protection of minors are observed;
no racist, pornographic, obscene, offensive content or content unsuitable for minors is disseminated.
8.3 Data security: The User further undertakes to comply with the recognized principles of data security in order to protect data and to check emails sent to the RetailTour and its Best Retail Cases platform for viruses with the greatest possible care.
8.4 Obligation for Dialogs: When using dialogue-oriented content on the website or in the e-paper, the user undertakes to limit himself to the professional exchange of opinions and to refrain from advertising statements and to show consideration for the interests of other participants. The RetailTour and its platform Best Retail Cases is entitled to delete in particular contributions that do not comply with the rules of fair discussion and good manners due to their choice of language or content or do not show sufficient consideration for the interests of other participants. The RetailTour and its platform Best Retail Cases hereby expressly prohibit in particular the posting of racist, pornographic, obscene, inhuman and immoral contributions.
8.5 Access data and password: The user undertakes to keep all access data assigned to him secret, not to pass them on, not to tolerate or allow third parties to gain knowledge of them and to take the necessary measures to ensure confidentiality. Each user is responsible for all activities that occur under his password. In the event of misuse or loss or a corresponding suspicion, this must be reported immediately to RetailTour and its platform Best Retail Cases at the address Location Based Marketing Association e.V., St. Paul 15, 85435 Erding. Indications of misuse of the services and content of the RetailTour and its platform Best Retail Cases or of the payment system must also be reported to the RetailTour and its platform Best Retail Cases without delay. RetailTour and its platform Best Retail Cases is entitled to block access to the protected area if misuse of the access data, e.g. by passing it on to third parties, occurs through the fault of the user.
9. contents/liability
9.1 The website and the e-paper provide own and third-party content. Insofar as this content originates from third parties, it is marked accordingly.
9.1.1 Liability for own content: The RetailTour and its platform Best Retail Cases shall only be liable for loss or damage that the User may incur as a result of relying on own information provided by the RetailTour and its platform Best Retail Cases, which the User has received in the course of using the Website or the E-Paper, if the loss or damage has been caused by intent or gross negligence on the part of the legal representatives or vicarious agents of the RetailTour and its platform Best Retail Cases or if, as a result of slight negligence, an obligation has been breached, the fulfillment of which the User has particularly relied on (cardinal obligation). The RetailTour and its platform Best Retail Cases are only liable for foreseeable damages. Liability for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as lost profits is excluded. The same applies to accidental damage and force majeure. Any liability of RetailTour and its platform Best Retail Cases for personal injury remains unaffected by this exclusion and limitation of liability.
9.1.2 Liability for third-party content: In the case of content from third parties as well as from private individuals (in particular in discussion forums and chats), the website and the e-paper merely make the medium technically available. Such content made available to the user by third parties is information provided by the corresponding author or distributor and not by the RetailTour and its platform Best Retail Cases. The RetailTour and its platform Best Retail Cases is therefore not responsible for the accuracy, correctness or reliability of such content under any circumstances. In particular, the RetailTour and its platform Best Retail Cases is not liable for any loss or damage incurred by the user as a result of relying on such information.
9.2 Liability for links. The RetailTour and its platform Best Retail Cases accepts no responsibility for the content of linked websites. Insofar as a link is created by the RetailTour and its platform Best Retail Cases, the latter hereby expressly declares that no illegal content was discernible on the linked pages at the time the link was created. This declaration applies to all links on this website as well as those in guest books, discussion forums and similar services set up by the RetailTour and its platform Best Retail Cases, the content of which can be accessed and written to externally. In no case is the RetailTour responsible for the content of websites that refer to the RetailTour and its platform Best Retail Cases. The RetailTour is also not in a position to determine or verify references to its websites.
Furthermore, the RetailTour and its platform Best Retail Cases has no influence on how the content offered here is used, passed on or changed by the user and can therefore not be held liable for any damages incurred, lost benefits or other direct or indirect consequences arising from the use of the content offered here.
9.3 The RetailTour and its platform Best Retail Cases exclude any liability due to technical or other malfunctions.
10 Warranty
10.1 The RetailTour and its platform Best Retail Cases provides its services without any representation or warranty of any kind, whether express or implied. Also excluded are all implied warranties regarding merchantability, fitness for a particular purpose or non-infringement of laws and patents. Even if the RetailTour and its platform Best Retail Cases assumes that the information provided by the RetailTour and its platform Best Retail Cases is accurate, it may still contain errors or inaccuracies.
10.2 If the User complains about chargeable content due to incomplete or defective services of the RetailTour and its platform Best Retail Cases, the User must notify the RetailTour and its platform Best Retail Cases of the complaints immediately after becoming aware of them.
10.3 If the RetailTour and its platform Best Retail Cases is liable due to justified and timely complaints, the RetailTour and its platform Best Retail Cases shall, in the case of incomplete performance, make subsequent delivery and, in the case of defective performance, either repair or replace the goods at the discretion of the user. The user can demand a reduction of the fees if attempts at rectification or replacement deliveries are refused, are impossible or fail in any other way.
11 Copyright
11.1 All content published on the websites and e-paper pages of RetailTour and its Best Retail Cases platform, such as texts, images, graphics, sound, video and animation files as well as databases are protected by copyright. Furthermore, RetailTour and its platform Best Retail Cases are entitled to title, trademark or other industrial property rights to many contents.
11.2 The use of the contents is only permitted for private personal use. Any use beyond this requires the prior consent of RetailTour and its platform Best Retail Cases; this applies in particular to the commercial and private reproduction, modification, distribution or storage of information or data, in particular of texts, parts of texts and image material. This applies in particular to the implementation of the content on third-party websites and the inclusion in electronic databases.
11.3 In all other respects, the statutory limits of copyright and/or other applicable legal provisions shall apply.
12. right of revocation
12.1 The user is entitled to revoke his declaration of intent to conclude the contract within two weeks without giving reasons in writing (e.g. letter, fax, e-mail) or – if the goods are delivered to him before the expiry of this period – by returning the goods. The period begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under § 312c paragraph 2 BGB in conjunction with § 1 paragraph 1, 2 and 4 BGB-InfoV and our obligations under § 312e paragraph 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period. The revocation is to be sent to: Location Based Marketing Association e.V., St. Paul 15, 80335 Munich.
12.2 In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the User is unable to return the received performance in whole or in part or only in a deteriorated condition, the User may be obliged to pay compensation for the loss in value. This shall not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible in a store, for example. In addition, the user can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were his property and refraining from doing anything that could impair its value. Items that can be sent by parcel post are to be returned at the risk of RetailTour. The user must bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, the user has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for the user. Items that cannot be sent by parcel post will be collected from the user. Obligations to refund payments must be fulfilled within 30 days. For the User, the period begins with the dispatch of the declaration of revocation or the item, for RetailTour and its platform Best Retail Cases with its receipt.
12.3 The right of revocation does not apply to a service if RetailTour and its platform Best Retail Cases has started the execution of the service with the express consent of the user before the end of the revocation period or if the user has initiated this himself (e.g. by download).
13. final provisions
13.1 Deviations from these Terms of Use must be made in writing in order to be effective, whereby the sending of an email or fax also corresponds to this written form. The same shall apply with regard to the waiver of the written form requirement.
13.2 If individual provisions of these Terms of Use are or become invalid and/or unenforceable, the validity of the remaining provisions of the Terms of Use shall remain unaffected. Ineffective and/or unenforceable provisions shall be replaced by way of supplementary interpretation of the contract by an effective and enforceable provision which, taking into account the interests of both parties, is most likely to achieve the desired economic purpose. The same shall apply to the filling of gaps in these Terms of Use.
13.3 The contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of performance and jurisdiction is Munich, insofar as an agreement on this is legally permissible.
