Smart Shopping

Terms of Use

TERMS & CONDITIONS

Special Conditions of Use for Local.SmartShopping.com Product Search

1. Scope of application
2. Availability
3. Service provided
4. Rights and duties of the user
5. Rights and duties of 1&1 Internet
6. Warranties and liability
7. Miscellaneous

1. Scope of application
 
1.1 The following conditions apply to the service known as "Local.SmartShopping.com" ("Local.SmartShopping.com Product Search") provided by 1&1 Internet AG, Elgendorfer Strasse 57, D-56410 Montabaur, Germany ("1&1 Internet"). Local.SmartShopping.com Product Search provides the user with access to the database of products offered in the internet ("product database") made available by Become Europe GmbH. The individual offers are listed with a link to the website of the relevant internet shop.
 
 
1.2 These special conditions apply in addition to the general conditions of use of Become Europe. Insofar as these special conditions differ from the general conditions of use, these conditions take priority.
 

2. Availability
 
 
Local.SmartShopping.com Product Search is available to everyone. Registration is not necessary. For services provided by 1&1 Internet which do not require any registration or payment, the user is entitled to cease use at any time.
 

3. Service provided
 
 
Local.SmartShopping.com Product Search allows the user to browse the product database on the internet. To do this the user must be connected to the internet. The use of Local.SmartShopping.com Product Search itself is free of charge to the user. 1&1 Internet expressly points out however that charges will be incurred for the internet connection for access to the internet and during the use of Local.SmartShopping.com Product Search. Any costs incurred in this respect are not included in the services provided by 1&1 Internet.
 

4. Rights and Duties of the User
 
4.1 Each user of the services provided by 1&1 Internet carries full responsibility for his activities when using the 1&1 Internet site and associated services.
 
 
4.2 Any activities of the user which are aimed at making the services of 1&1 Internet or the 1&1 Internet site non-operational or which makes their use more difficult are prohibited and can be pursued by civil action and by criminal proceedings. In particular any activities are prohibited which could affect the physical and logical structure of the services.
 
 
4.3 Users of the services provided by 1&1 Internet must comply with legal requirements in particular not to contravene the existing law of the Federal Republic of Germany.
 
 
4.4 The Local.SmartShopping.com site and the services provided by 1&1 Internet are protected by copyright against reproduction and misuse. Any unauthorised reproduction, dissemination or publication of this material or copying of it will be the subject of civil and if necessary criminal proceedings by 1&1 Internet.
 

5. Rights and Duties of 1&1 Internet
 
5.1 In providing the Local.SmartShopping.com Product Search 1&1 Internet is solely offering a search engine for products offered on the internet. The offering of a product within the Product Search service is the responsibility of the internet shop and does not represent any purchase recommendation by 1&1 Internet.
 
 
5.2 1&1 Internet reserves the right to terminate the Local.SmartShopping.com Product Search wholly or in part and/or to alter it and the right to amend these Conditions of Use. This includes the right to introduce a requirement for payment for the Smart.Shopping.co.uk Product Search. 1&1 Internet will give the user advance information of this where necessary.
 

6. Warranties and Liability
 
6.1 1&1 Internet's services are made available "as seen" without any warranties or guarantees. In particular 1&1 Internet does not guarantee that the Local.SmartShopping.com Product Search will be accessible at all times nor that it will operate without faults nor that it will be immediately accessible. This applies in particular where access to the Local.SmartShopping.com Product Search and the Local.SmartShopping.com site are prevented by difficulties which are beyond the control of 1&1 Internet.
 
 
6.2 1&1 Internet and Become Europe undertake no liability for the completeness and accuracy of information provided by the Local.SmartShopping.com Product Search in particular in relation to information concerning products (price, quality etc). The individual user is responsible for comparing the description of products offered within the Local.SmartShopping.com Product Search with those on the website of the relevant internet shop before ordering a product. The user may only rely on information provided by the internet shop.
 
 
6.3 All information, content and details about products are made available to 1&1 Internet by the relevant internet shop. 1&1 Internet does not carry out any check of this information before it is put on the internet. The information provided by and the activities of internet shops within the product search service can therefore neither be attributed to 1&1 Internet nor do they represent the views of 1&1 Internet.
 
 
6.4 The products shown in the Local.SmartShopping.com Product Search are offered solely by the relevant internet shop. 1&1 Internet is neither acting on behalf of nor representing the relevant internet shop nor is it involved in any other way in negotiations or the purchase of products shown on the sites of the relevant internet shop. Claims in connection with the purchase of a product shown in Local.SmartShopping.com Product Search exist solely against the relevant internet shop.
 
 
6.5 1&1 Internet assumes no liability for the material given out in connection with the Local.SmartShopping.com Product Search. Such material is provided by parties who have no connection with 1&1 Internet.
 

In addition the following limitations of liability also apply:
 
6.6 Except in respect of death or personal injury caused by our negligence, or as expressly provided in these terms, 1&1 Internet shall not be liable to the user by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract with the user, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of 1&1 Internet, its servants or agents or otherwise) which arise out of or in connection with the use of the Local.SmartShopping.com Product Search. The statutory rights of consumers are not affected.
 
 
6.7 If the user chooses to access the Local.SmartShopping.com Product Search from locations outside the United Kingdom, the user does so on his own initiative and is responsible for compliance with local laws.
 
 
6.8 The user will indemnify 1&1 Internet against all losses, liabilities, costs and expenses reasonably suffered or incurred by 1&1 Internet, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by 1&1 Internet as a result of any settlement agreed by it arising out of or in connection with:
  • any claim by any third party that the use of the Local.SmartShopping.com Product Search by the user is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
  • any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Local.SmartShopping.com Product Search by the user.
  • In particular, 1&1 Internet disclaims all liabilities in connection with the following:
  • loss of material uploaded
  • incompatibility of the site with any of the user's equipment, software or telecommunications links
  • technical problems including errors or interruptions of the site
  • unsuitability, unreliability or inaccuracy of the site
 

7. Miscellaneous
 
7.1 These conditions and any dispute or claim whatsoever relating to them shall be governed by and construed in accordance with English law and the parties irrevocably agree that the courts of England shall have exclusive jurisdiction.
 
 
7.2 These conditions shall not give rise to any joint venture, employment relationship or agency between 1&1 Internet and the relevant user.
 
 
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