Privacy Police
1. Scope
These Terms of Use apply to all services offered on the websites of 11 Prozent Communication by The LBMA Service and its affiliated companies, in particular the Best Retail Cases platform (hereinafter referred to as “11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform”), especially free and paid content and services (such as e-paper, newsletters, 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, also where and insofar as access is via mobile devices such as mobile phones, PDAs, e-paper readers or other data storage and/or retrieval devices – hereinafter collectively or individually referred to as “Services”). The Terms of Use provided on the websites of RetailTour and its Best Retail Cases platform as valid at the time of ordering the Services shall apply. Deviating provisions shall only apply if expressly confirmed in writing by RetailTour and its Best Retail Cases platform. By using the Services, the user expressly agrees to these Terms of Use without further declaration.
2. Availability
The services of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform are offered to the user subject to availability. RetailTour and its Best Retail Cases platform endeavors to ensure that the Services are available to the user without disruptions. Maintenance work and/or further development and/or other disruptions may restrict and/or temporarily interrupt the use of the Services. This may also result in data loss in some cases. Users affected shall not be entitled to any compensation as a result. RetailTour and its Best Retail Cases platform 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 for the use of paid services of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform is concluded by registration with the desired and selected payment provider (e.g. PayPal) or alternatively by the binding selection of another payment option (e.g. direct debit authorization, credit card payment), as well as acceptance of the general Terms of Use and acceptance by RetailTour and its Best Retail Cases platform. Acceptance by 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform occurs at the latest when access to the paid service is enabled.
4. Registration
4.1. General
Registration: For certain services on the websites of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform, the user must register. The user warrants that the information provided during registration about the user’s person, in particular first and last name, postal address, date of birth and email address, is truthful and correct, and that the user will notify RetailTour and its Best Retail Cases platform of any changes without delay. In the case of registration for submission or voting, the user will be automatically subscribed to the Best Retail Cases newsletter.
4.2. Newsletter
4.2.1. Subscription: To receive selected newsletters of the individual publications of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform (such as the Use-Case submission program), the user must complete the form provided on the respective publication’s website. For the use of the free newsletter, only the selection of the newsletter and the provision of an email address required to receive the newsletter are mandatory. The use of third-party email addresses is not permitted. By subscribing to the free newsletter, the user allows RetailTour and its Best Retail Cases platform to inform the user at regular intervals about current industry news as well as services, products and offers from the industry. Otherwise, only data that users voluntarily provide to RetailTour and its Best Retail Cases platform will be collected.
4.2.2 Referral: Users who wish to recommend services of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform should use the provided option. RetailTour provides the technical function to send an email to the recipient address. The data entered there will not be stored. The recipient will receive an email with the corresponding link.
4.2.3. Unsubscribe: By clicking the corresponding link in the footer of a free newsletter and then confirming on the website, the email address provided during subscription will be unsubscribed automatically. In case of technical or other problems, users can obtain technical support for unsubscribing at office@retail-tour.com.
4.3. E-paper Use and Print Issues Provided Online
4.3.1. Access to and download of an e-paper or the print issues provided online is available free of charge.
4.3.2. The user may make copies of the content of the e-paper offering or the print issues provided online for private use within the legally permitted scope.
5. Misuse
Users who believe they have become victims of misuse in connection with the services of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform may contact the following address: submit@bestretailcases.com
6. Data Protection
For all information related to the handling of user data, 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform refers to its separate Privacy Policy.
By registering, the organizer is granted permission to take photos and video recordings during 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform events or other RetailTour events and to use these recordings in connection with the event for public relations and documentation, in analog and digital form.
7. Payment Transactions
7.1. Fees for paid services are billed via the payment system provider selected by the user. In this context, only the terms and conditions of the respective payment system provider chosen by the user shall apply; users will be informed accordingly and provided with guidance where appropriate. Fee claims must be settled in accordance with the respective terms and conditions with the selected payment system provider. If another payment method is chosen (direct debit authorization, credit card, etc.), the delivery and payment terms stored there shall apply.
7.2. If the user fails to meet payment obligations, 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform is entitled, without prejudice to further claims, to block the user’s access to paid services. After settlement of the outstanding claims, access will be reactivated.
7.3. 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform reserves the right to commission appropriate companies to carry out collection procedures.
8. User Obligations
8.1. Compliance with applicable laws: The user undertakes not to violate applicable legal regulations.
8.2. In particular, the user undertakes that
- content distributed by the user does not infringe rights of third parties (such as copyrights, patent rights and trademark rights);
- applicable criminal laws and youth protection regulations are complied with;
- no racist, pornographic, obscene, insulting or otherwise inappropriate content for minors is distributed.
8.3. Data security: The user further undertakes to observe recognized principles of data security to protect data and to check outgoing emails to 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform for viruses with the greatest possible care.
8.4. Obligation in dialogues: When using dialogue-oriented content on the website or in the e-paper, the user undertakes to limit contributions to professional exchange of opinions, to refrain from advertising statements, and to consider the interests of other participants. RetailTour and its Best Retail Cases platform is entitled, in particular, to delete contributions that, due to their wording or content, do not comply with the rules of fair discussion and common decency or do not sufficiently consider the interests of other participants. RetailTour and its Best Retail Cases platform explicitly prohibits in particular the posting of racist, pornographic, obscene, degrading content and content that violates common decency.
8.5. Access data and password: The user undertakes to keep all access data assigned to the user confidential, not to pass it on, not to allow or enable third parties to become aware of it, and to take the necessary measures to ensure confidentiality. Each user is responsible for all activities carried out under the user’s password. In the event of misuse, loss, or a corresponding suspicion, this must be reported without delay to 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform at 11 Prozent Communication, St. Paul 15, 85435 Erding. Indications of abusive use of the services and content of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform or of the payment system must also be reported without delay. 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform is entitled to block access to the protected area if misuse of access data occurs due to the user’s fault, e.g. by passing it on to third parties.
9. Content / Liability
9.1. The website and the e-paper provide both own and third-party content. Where such content originates from third-party companies, it is labeled accordingly.
9.1.1. Liability for own content: RetailTour and its Best Retail Cases platform shall only be liable for losses or damages that may arise for the user from relying on information of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform received via use of the website or the e-paper if the damage was caused by intent or gross negligence of the legal representatives or vicarious agents of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform, or if a duty was breached through slight negligence on which the user particularly relied (cardinal obligation). 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform shall only be liable for foreseeable damages. Liability for indirect damages, in particular consequential damages due to defects, unforeseeable damages or atypical damages, as well as lost profit, is excluded. The same applies to accidental damages and force majeure. Liability 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-party companies as well as private individuals (in particular in discussion forums and chats), the website and the e-paper merely provide the technical medium. Such content made accessible to the user by third parties constitutes information of the respective author or distributor and not of RetailTour and its Best Retail Cases platform. Therefore, 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform is under no circumstances responsible for the accuracy, correctness or reliability of such content. In particular, RetailTour and its Best Retail Cases platform shall not be liable for losses or damages arising because the user relies on such information.
9.2. Liability for links: 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform assumes no responsibility for the content of linked websites. Where links are set by RetailTour and its Best Retail Cases platform, it expressly declares that, at the time the links were created, no illegal content was recognizable on the linked pages. This declaration applies to all links on this website as well as links in guestbooks, discussion forums and similar services set up by 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform where external write access is possible. Under no circumstances is RetailTour responsible for the content of websites that refer to RetailTour and its Best Retail Cases platform. RetailTour is also not able to identify or review references to its websites.
Furthermore, 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform has no influence on how the content offered here is used, shared or modified by the user and therefore cannot be held liable for damages, lost benefits or other indirect or direct consequences arising from the use of the content offered here.
9.3. 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform excludes any liability for technical or other disruptions.
10. Warranty
10.1. 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform provides its services without any representation or warranty of any kind, whether express or implied. This also excludes any implied warranties regarding merchantability, fitness for a particular purpose, or non-infringement of laws and patents. Even if RetailTour and its Best Retail Cases platform assumes that the information provided is correct, it may still contain errors or inaccuracies.
10.2. If the user objects to paid content due to incomplete or defective services of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform, the user must notify RetailTour and its Best Retail Cases platform of the objections without delay after becoming aware of them.
10.3. If 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform is liable due to justified and timely objections, RetailTour and its Best Retail Cases platform shall, in the case of incomplete performance, provide subsequent performance, and in the case of defective performance, at the user’s choice, remedy the defect or provide a replacement. The user may request a reduction of fees if repair attempts or replacement deliveries are refused, impossible, or otherwise fail.
11. Copyright
11.1. All content published on the websites and e-paper pages of 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform, such as texts, images, graphics, audio, video and animation files as well as databases, is protected by copyright. In addition, RetailTour and its Best Retail Cases platform holds title rights, trademark rights, or other industrial property rights in many contents.
11.2. Use of the content is permitted only for private personal use. Any use beyond this requires prior consent from RetailTour and its Best Retail Cases platform; this applies in particular to commercial and private reproduction, modification, distribution or storage of information or data, especially texts, text excerpts and image material. This applies especially to implementing the content on third-party websites and inclusion in electronic databases.
11.3. Otherwise, the statutory limits of copyright law and/or other applicable legal provisions shall apply.
12. Right of Withdrawal
12.1. The user is entitled to revoke the declaration of intent directed at concluding the contract within two weeks without stating reasons in text form (e.g. letter, fax, email) or – if the item is provided before the deadline – by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Section 312c (2) of the German Civil Code (BGB) in conjunction with Section 1 (1), (2) and (4) of the BGB Information Regulation (BGB-InfoV) and our obligations pursuant to Section 312e (1) sentence 1 BGB in conjunction with Section 3 BGB-InfoV. Timely dispatch of the withdrawal or the item is sufficient to meet the deadline. The withdrawal must be addressed to: 11 Prozent Communication, St. Paul 15, 85435 Erding.
12.2. In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the user cannot return the received service in whole or in part or only in a deteriorated condition, the user may be obliged to compensate for value. This does not apply to the provision of items if the deterioration is exclusively due to testing the item, as would have been possible in a retail store. Otherwise, the user can avoid the obligation to compensate for value caused by intended use by not using the item as if it were their own and by refraining from anything that impairs its value. Items that can be shipped as parcels must be returned at RetailTour’s risk. The user bears the costs of return shipment if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed 40 euros, or if, in the case of a higher price, the user has not yet provided the consideration or an agreed partial payment at the time of withdrawal. Otherwise, the return shipment is free of charge for the user. Items that cannot be shipped as parcels will be collected from the user. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the user upon sending the withdrawal declaration or the item, and for 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform upon receipt.
12.3. The right of withdrawal expires early for a service if 11 Prozent Communication by TheLBMA Services and its Best Retail Cases platform has begun performance of the service with the user’s express consent before the end of the withdrawal period or if the user has initiated this themselves (e.g. by download).
13. Final Provisions
13.1. Deviations from these Terms of Use require written form to be effective, whereby sending an email or a fax also meets this written form requirement. The same applies to any 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 Terms of Use shall remain unaffected. Invalid and/or unenforceable provisions shall be replaced by way of supplementary contract interpretation with a valid and enforceable provision that, taking into account the interests of both parties, is best suited to achieve the intended economic purpose. The same applies to filling gaps in these Terms of Use.
13.3. The contract is governed by German law excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of performance and jurisdiction is Erding, insofar as such an agreement is legally permissible.