This policy was published on July 2020. It will take effect on August 1, 2020.
CVR No. DK-39964104
Address: Edvard Thomsens Vej 39, CPH 2300 Denmark
Email: [email protected]
Telephone No: +45-538-53276 (+45-538 LEARN)
All products displayed on shopbylocals.com are sold by third party independent retailers. shopbylocals.com is neither the buyer nor the seller of the products. shopbylocals.com is the platform provider and commercial agent of the retailers, enabling retailers and customers to complete transactions. At shopbylocals.com, you as a customer can buy physical and digital goods and services from our many independent locals / partners / suppliers / third parties hereafter named sellers. shopbylocals.com acts solely as an agent for the third parties selling goods via shopbylocals.com (each a seller). When purchasing goods from a seller on Shopbylocals.com the buyer enters into an agreement directly with that seller as the contracting party and that seller is responsible for the supply of the goods. shopbylocals.com is therefore not responsible for the performance of agreements concluded with seller. ShopByLocals is thus considered as a marketpalce and an advertising platform that only mediates contact between you as a consumer and the sellers. Responsibility for the performance of the agreement is the sellers. You should therefore contact the seller if you have any questions regarding the specific product.
These TOU describe the terms and conditions applicable to your access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or made available by SBL from time to time which relate to (a) the SBL e-commerce platform including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator “www.shopbylocals.com” and the mobile applications of the ShopByLocals.com e-commerce platform (the “SBL Sites”); and (b) the SBL e-commerce platform including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator “www.ShopByLocals.com” (“SBL Site”), and the mobile applications of the SBL e-commerce platforms. This document is a legally binding agreement between you as the user(s) of the Sites (referred to as “you”, “your” or “User” hereinafter) and the SBL contracting entity determined (referred to as “we”, “our” or “SBL” hereinafter).
For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website https://www.shopbylocals.com and any ShopByLocals mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).
2. ACCEPTANCE OF TERMS
ShopByLocals is a global cross-combined e-commerce platform marketplace of independent Local shops and people. It is owned and operated by HubLearn that enables third-party Sellers to sell new or used products on online marketplace alongside HubLearn’s regular offerings.
Product Orders: We provide a way for you to communicate your orders (“Orders“) for products and services (“Products“) to delivery or pickup from a shops (“Sellers“) displayed on the Website. The legal contract for the supply and purchase of Products is between you and the Seller that you place your Order with and we will conclude the sale of Products on behalf of, and agent for, the Sellers in all cases.
These ShopByLocals Conditions of Use, the rules, policies and guidance we provide regarding the Service, and the following terms (collectively, as they may be changed over time, the “Terms”) form a part of this agreement and govern your use of the Service and platform
Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract with SBL, or (b) you are not permitted to receive any Services under the laws of Denmark or other countries / regions including the country / region in which you are resident or from which you access and use the Services and the Sites.
SBL may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.
If SBL has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Sites.
You may be required to enter into separate agreement(s), whether online or offline, with SBL or our affiliate for any Service (or features within the Services) (each an “Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.
The Terms may not otherwise be modified except in writing by an authorized officer of SBL.
This contract sets out your rights and responsibilities when you use ShopByLocals.com, our mobile apps, and the other services provided by SBL (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
3. OTHER IMPORTANT DOCUMENTS
SBL’s Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Please read the rest of this document which applies to all.
4. SHOPBYLOCALS ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account and of any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. PROVISION OF SERVICES
Capacity and age: By placing an Order through the Website, you warrant that:
– You are legally capable of entering into binding contracts with Seller; and
– You must be 18 years or older to use our Services. Minors under 18 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision.
You acknowledge and agree that if you have a specific allergy or intolerance, you will contact the Seller directly to check that the Product is suitable for you, before placing your order directly with them.
You must register as a member on the Sites in order to access and use some Services.
Further, SBL reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that SBL may impose in our discretion. If the user abuses his access, you reserve the right to close the access.
SBL may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that Service.
Some Services (or part thereof) may be provided by SBL’s affiliates on behalf of SBL.
6. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate and complete.
You must be at least sixteen (16) years of age. If you are not of legal age in your country of residence, you must have your parent or legal guardian to complete the registration on your behalf.
If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any future use of the Service (or any portion thereof).
7. COMPLIANCE WITH LOCAL LAWS AND RULES
You agree to comply with all local laws and rules regarding online conduct and acceptable Content as well as with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
8. ORDERING VIA THE SBL MARKET PLACE
If, through SBL, you have entered into an agreement with one of our sellers for the purchase of a product that the partner must deliver to you, you will receive by e-mail. e-mail an order confirmation (acknowledgment) that the purchase of the item has been completed. Delivery of the item will be made according to what is specified in the specific purchase and what is stated in the order confirmation (receipt).
As a buyer, you should check that the order confirmation on the item is in accordance with what you ordered. If not, you should contact your seller/partner either as soon as possible. email, phone, or live chat so your order gets correct. In rare cases, you can contact SBL via chat or the contact form
On the SBL website, the contact details appear at the top or bottom of the page or under the links “contact us”, “contact” or “customer service”.
9. PRICE AND PAYMENT
The prices of the product / service are set by the seller.
All prices quoted are indicative prices incl. VAT and taxes on recipient order country.
When paying on SBL, Prices will be used as quoted on the website. Payment can be made through the following means: Dankort, VISA, Visa Electron, Mastercard, American Express, JCB and Maestro, PayPal, Stripe, Bank Transfer, Credit Cards, AliPay, ApplePay, Vouchers in connection with purchase of goods and payment by credit card. SBL is approved for internet commerce.
No fees are charged for credit cards. But Fees may also be charged for company cards.
The amount will not be drawn from your card account until the goods are dispatched.
If you pay by bank transfer, you are not protected by the scheme granting the right to object.
If you pay through PayPal, you are not protected by the scheme granting the right to object. Read more about the conditions on the PayPal website.
The purchase of a product is completed only if and when we manage to register the payment. If the payment is unsuccessful on the first attempt (for example, because the specified card account does not exist, does not have coverage, the credit card number is incorrect or the card has reached the credit limit), the purchase will not be completed.
10. DELIVERY AND FREIGHT
All products displayed on ShopByLocals are sold by third party independent retailers. ShopByLocals is neither the buyer nor the seller of the products. ShopByLocals is the platform provider and commercial agent of the retailers, enabling retailers and customers to complete transactions. ShopByLocals acts as a commercial agent on behalf of the retailers only and not on behalf of customers. In our agreements with the retailers, the retailers have authorised ShopByLocals to conclude the sale of products to customers. This means that ShopByLocals has the authority from the retailers to bind the retailers to a sale of products. A contract formed on the completion of a sale of a product is made solely between the customer and the retailer, although ShopByLocals has the retailer’s authority to bind the retailer to a sale of a product pursuant to such contract. ShopByLocals is not a party to such contract nor assumes any responsibility arising out of or in connection with it. We are using our best efforts to make certain that the products purchased by you at ShopByLocals are of good quality, meet the requirements of all relevant rules and regulations and are in all material respects in accordance with the product description displayed at ShopByLocals. We are monitoring our retailers’ delivery processes and our customers’ feedback of products sold at ShopByLocals.
We receive your payments on behalf of the retailer, and we also undertake to refund you on behalf of the retailer any moneys which you may become entitled to.
You understand and agree that such instructions will form an integral part of TOU.
Warranty terms are product specific, and therefore will be provided with the relevant product, or by the relevant retailer.
If your delivery is delayed or incorrectly delivered and is not SBL fault, we cannot be held responsible and you should therefore contact the seller. Of course, you are always welcome to contact SBL customer service and hear if we can help you.
The freight information such as name of the carrier(s), freight prices, expected delivery time and other any special terms and conditions e.g. delivery to the curb, without carrying upstairs etc. will be visible during the checkout depending on your choice and in the sellers terms. It will be shown on the order confirmation email and in your dashboard.
The seller will not be responsible for tolls and other related import administrative services costs related to the delivery and freight.
10.1 Vouchers and gift certificates
Particularly regarding redemption of vouchers and gift certificates at the seller.
Seller may need to restrict access to a given product or service. Reservations are made for any sold out dates. Therefore, if you want to redeem your voucher on a specific date, we recommend that you redeem your voucher as soon as possible or reserve that date with the seller.
Expiry of gift certificates and vouchers. The validity period for your gift certificate / voucher is basically stated on the voucher. If nothing is stated on the gift card / certificate, the validity period is 3 years from the date of issue, ie. from the date you received it per. email or per. mail. If you have purchased a voucher which relates to a product that is only offered by the seller for a limited period, on a specific date or the like. like. (such as an event / event), the validity of the voucher will automatically be limited to this.
All vouchers are provided with a unique code. The seller must use this code when you redeem your voucher. Copying or tampering with the vouchers is not allowed. In case of suspicion of copying or tampering, SBL reserves the right to disclose the relevant information collected to the respective seller.
11. FORCE MAJEURE
Neither the SBL nor the seller are liable for failure to fulfill its obligations under the agreement if the failure to fulfill the transaction is due to force majeure or forcible circumstances and the parties should not have taken into consideration the obstruction or subsequently avoided it by signing the agreement.
12. CANCELLATION RIGHTS
As a consumer, when you buy from us, you have a 14-day cooling-off period, in which you have the right to cancel the purchase.
This cooling-off period expires 14 days after the day on which you received your goods. If you have ordered several items in the same purchase, and they are delivered separately, the period runs from the day you received the last item.
If the purchase consists of several consignments or parts, the right to cancel will lapse 14 days after the day you receive the last consignment or the last part.
If the agreement is for regular deliveries of goods over a specific period, then your cancellation right lapses 14 days after the day when you receive the first package.
The period means that you have 14 days after receiving the goods to let the seller know that you want to cancel the purchase. You can fill out a cancelation request or send an e-mail to seller via their shop page or make use of the standard cancellation form, which you will find at the end of the terms of business.
You cannot cancel the purchase by refusing to receive the goods, unless you inform us at the same time.
12.1 Cancelling Part of the Purchase
If you have bought more than one item from us, you may return one or several items, even if they were bought in a single order.
Please note that freight charges will not be refunded if you cancel part of your purchase.
12.2 Returning the Goods
When you have informed the seller that you are cancelling your purchase, you have 14 days in which to return the goods to the seller.
You yourself must pay for returning the package, and you will be liable if it is damaged during transport.
Some goods cannot be returned by normal post but need of special transportation e.g. Oversized items like constructive materials, furniture’s etc. all kind of products which need special shipping. The cost is individual based on the item type and the cost of returning would not exceed more than 20.000 EUR
12.3 No Right to Cancellation
- Deliveries of food and drinks or other items for regular household use, which are delivered physically to your address or place of work by a commercial carrier who regularly delivers goods in your area,
- Establishment or transfer of rights over real estate. This does not apply, however, to financial services or agreements concerned with renting real estate,
- Construction of a building,
- Agreements on rights of use of accommodation on a time-share basis etc.
- Agreements on package tours,
- Games, where payment is made to take part,
- Delivery of non-financial services, for which delivery has been completed, if you previously have accepted that the service shall begin, and that you thereby lose your right to cancel,
- Deliveries of goods which are made to your specifications or which are of a clearly personal nature,
- Deliveries of goods which may be assumed to be perishable or rapidly become time barred,
- Deliveries of sealed items which for health or hygienic reasons are not suitable to be returned, when the seal has been broken after delivery,
- Deliveries of goods which, because of their nature are mixed with other goods on delivery and cannot be separated out again,
- Deliveries of alcoholic beverages for which a price was fixed when the agreement was finalised, when delivery cannot be made until 30 days later, and the actual value is dependent on market fluctuations over which the trader has no control,
- Agreements on specific urgent repair or maintenance work at your address, which you have expressly asked for,
- Deliveries of sealed sound or visual recordings or computer software, if you have broken the seal,
- Deliveries of newspapers, periodicals or magazines, but not, however, if these are delivered as part of a subscription,
- Agreements entered into at a public auction,
- Agreements on accommodation, but not, however, for residential purposes; car hire, catering or leisure offers when the date or period has been agreed upon. (The last-mentioned may be courses, performances, rallies etc.)
- Delivery of digital content such as computer programs, apps, games, music, films etc.
- which are not delivered physically, e.g. on a CD or DVD, if you previously have accepted that implementation shall begin and that you thereby lose your right to cancel,
- Financial services under the Act on Mortgage-Credit Loans and Mortgage-Credit Bonds etc.
- Agreements on goods, securities or services whose prices depend on market fluctuations over which the trader has no control, when these fluctuations can occur in the cooling-off period.
12.4 The State of the Article When You Return It
If the value of the article is reduced, and the reason is that you have used it in any way beyond what was necessary to check the type and properties of the article and how it works, then only part of the purchase sum can be refunded to you. The amount that can be refunded depends on the saleable value of the article, and in certain cases this may mean that only the freight charges can be refunded.
We recommend that you return the article in its original packaging.
If the original packaging is missing, it may reduce the value of the article.
12.5 Refund of the Purchase Sum
If you cancel a purchase, you will get your money back. If the value of the article is reduced, we will deduct the amount you are liable for.
We refund all payments received from you, including delivery costs (which does not apply, however, to extra delivery costs if you have chosen a form of delivery other than the cheapest standard form of delivery which we offer), not later than 14 days from the day when we have received your notification that you want to cancel the agreement.
We will return the money by the same means of payment which you used for the purchase, unless otherwise agreed.
We may hold back the payment until we have received the article, unless you send documentation that you have returned it.
12.6 Send the Article To
The returns shall be sent to the vendors address which can be found in the vendors shop page or via link in the order confirmation. The seller will only accept packages sent directly to the provided address or one which you and seller has agreed upon.
You can also cancel the purchase by informing shopbylocals and personally returning the article to the above address in the top by prior agreement.
13.1 SBL Auction Conditions:
Users may not manipulate the course of an auction by making bids via another user account or through the express intervention of a third party.
13.2 Description Discrepancies:
Should, in the Buyer’s view, the defects of an object on auction exceed those described by the Seller, SBL is entitled to obtain an expert opinion, which shall be binding for the partners to the contract.
13.3 Bidding Rules, Binding Period:
When bidding, always double-check that you’ve entered the correct amount – especially when making a last minute bid. The Bidder shall make a bid by entering a sum of money within the bidding period. All offers shall be gross amounts. Should two bidders offer the same price, the first bid to be entered shall be considered the higher.
The Bidder’s bid shall be binding until invalidated by a higher bid. Should the Bidder not be outbid and the floor price not met, the offer shall remain valid for a 48-hour period (working days) following the end of the online auction, unless another ruling is agreed to.
Bids already submitted may not be lowered or invalidated unless the Bidder has legal permission to do so, for example via the recision regulations of the Danish Civil Code. All submitted bids will be registered and stored by SBL. SBL shall resolve any uncertainties that arise regarding bids in a manner binding for all the contracting parties.
13.4 Automated bid sniping software:
Many websites and software packages offer automated bidding based on the end time of an SBL auction. They try to automatically place your bid just before the auction ends, and some try to synchronize with SBL servers to ensure your bid wins. When you sign up with third-party providers that offer automated bidding, you should make sure they are trustworthy before entrusting them with any personal data, like your SBL password. Remember, you are responsible for any information you give to third-party services.
13.5 Retracting a bid:
If you’ve made a mistake when bidding on an item, you can retract your bid in certain circumstances. Whenever you place a bid, you’re agreeing to buy the item if you win the auction. However, in some situations you can retract your bid. Keep in mind that you can’t always retract a bid once it’s made – if you’re not able to retract your bid, you can also try contacting the seller to see if they’ll cancel your bid for you.
13.6 When you can retract a bid?
You can retract a bid if:
– The seller significantly changed the description of the item
– You accidentally bid the wrong amount. For example, you meant to bid 10 EUR, not 100 EUR. In this case, enter the price you intended to bid as soon as you’ve retracted the incorrect bid
– You can’t reach the seller. For example, you sent the seller an email and it comes back undeliverable, or you tried calling the seller and the phone number doesn’t work
As well as the above, timing is also important when retracting a bid:
– If there are 12 hours or more left before the listing ends, all of your bids can be retracted
– If the listing is ending in less than 12 hours, you can retract your most recent bid if it’s been less than an hour since you placed it
Any other bids can’t be retracted, but you can contact the seller to see if they’ll agree to cancel a bid for you.
14. RIGHT TO MAKE COMPLAINTS
Purchases is made between the buyer and the Seller. Therefor, the Seller (and not Shopbylocals.com) is responsible for delivering the purchased item. Therefore, all complaints relating to the product itself must be addressed to the respective Seller from which the product was purchased. And all returns must be send to the Seller.
If in doubt, you are always very welcome to contact Shopbylocals.com.
When you trade at shopbylocals.com as a consumer, the Danish Sale of Goods Act applies.
This means that you have a right to complain within 24 months. Please contact the Seller before you return the article.
If your complaint is justified, it means that you may either have the item repaired or replaced, or your money refunded, or a reduction in the price, depending on the specific situation.
You must complain within a “reasonable time” after you have discovered a defect. If you complain within two months after the defect has been discovered, it will always be regarded as within a reasonable time.
If the complaint is justified, you will be refunded your freight costs (within reason). The article must always be retuned in suitable packaging. Remember also to obtain a receipt for dispatch, so your freight costs can be refunded.
15. PERSONAL DATA POLICY REGARDING PURCHASE
We need the following information when you trade at Shopbylocals.com:
Name, address, telephone number and e-mail address.
We register and pass on the personal details which are necessary for the Seller to deliver the goods to you.
(If you pass on details to other companies, you must state which details you pass on, why, and to whom.)
Personal data is registered with Hublearn IVS and is kept for five years, after which the details are deleted.
In addition, we work with a number of other companies who store and process data. These companies process the data exclusively on our behalf, and must not use them for their own purposes.
We work only with processors of data in the EU or in countries where your data will be given adequate protection.
On Shopbylocals.com the person responsible for data is Hublearn IVS.
You are entitled to be told what details about you we process.
If you believe the details are inaccurate, you are entitled to have them corrected. In certain situations, we are obliged to delete your personal data if you ask us to do so. These could, for instance, be data which are no longer necessary for the purpose we used them for. You can also contact us if you believe that your personal data are being processed in a way that is against the law. You can also write to us at: [email protected]
16. CUSTOMER CARE BY SELLERS
16.1 Changing or cancelling your Order:
If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact the seller. However, there is no guarantee that the Seller will agree to your requests as they may have already started processing your Order.
16.2 Complaints or feedback:
In the event that you are dissatisfied with the quality of any products or the service provided by a Seller, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, “Reviews”) to reflect your experience. The Reviews are an important part of our quality control process.
If you are dissatisfied with the quality of any products or the service provided by a Seller and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Seller directly to lodge your complaint and, where appropriate, follow the Seller’s own complaint procedures. Please note, however, that the legal contract for the supply and purchase of products is between you and the Seller that you place your Order with. We have no control over Sellers and the quality of the Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Seller.
17. VISITOR MATERIAL AND REVIEWS
Other than personally identifiable information, which is covered under our , any material you post, upload or transmit or upload to the Website (including without limitation Reviews) Visitor Material will be considered non-confidential and non-proprietary.
You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs below.
17.2 Visitor Material Policy:
You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
– breaches any applicable local, national or international law;
– is unlawful or fraudulent;
– amounts to unauthorised advertising; or contains viruses or any other harmful programs.
17.3 Visitor Reviews Policy:
In particular (but without limitation), any Reviews that you submit through the Website must not:
– contain any defamatory, obscene or offensive material;
– promote violence or discrimination;
– infringe the intellectual property rights of another person;
– breach any legal duty owed to a third party (such as a duty of confidence);
– promote illegal activity or invade another\’s privacy;
– give the impression that they originate from us; or
– be used to impersonate another person or to misrepresent your affiliation with another person.
17.4 Removal of Reviews:
The prohibited acts listed in paragraphs above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
17.5 Use of Reviews:
The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
Any images of food displayed on the Website are provided as a design feature of the Website only and may not be either (a) an image of food prepared or produced by the Seller from which you choose to order; or (b) representative of the food you receive from a Seller.
You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Seller or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph ”VISITOR MATERIAL AND REVIEWS”.
17.8 Disclosure to authorities and courts:
You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
18. LINKS TO AND FROM OTHER WEBSITES
18.1 Third party websites:
Links to third party websites provided by SBL on the Website are provided solely for your convenience eg. In a blog or an update post. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for their availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
18.2 Linking permission:
You may link to the Website’s homepage (www.shopbylocals.com), provided that:
– you do so in a fair and legal way which does not damage or take advantage of our reputation;
– you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
– any website from which you link must comply with the content standards set out in these Website Terms (in particular Visitor Materials and Reviews);
– we have the right to withdraw linking permission at any time and for any reason.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
19.1 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
19.2 WE MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
19.3 DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
We may only be responsible as long as it follows from Danish law.
20. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we expect our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please report the problem to ShopByLocals customer care.
21. USE OF OUR SERVICES
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
21.1 Don’t Try to Harm Our Systems.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
21.2 Follow Our Trademark Policy.
The name “SBL” and the other SBL marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of SBL in all countries. If you’d like to use our trademarks, please follow our Trademark Policy.
21.3 Share Your Ideas.
We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to SBL (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21.4 Talk to Us Online.
From time to time, SBL will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
22. USERS GENERALLY
As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites or Services.
You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with SBL, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from SBL is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
You must read the following documents which govern the protection and use of personal information about Users in the possession of SBL and our affiliates:
SBL may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that SBL has no control over such third parties’ web sites, does not monitor such web sites.
23. YOUR MEMBER ACCOUNT WITH ShopByLocals
You’ll need to create an account with SBL to use some of our Services. Here are a few rules about accounts with SBL:
23.1 You must be 16 years or older to use our Services.
Minors under at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use SBL or the Services. You are responsible for any and all account activity conducted by a minor on your account. For more information, see SBL’s Minors Policy.
23.2 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below).
Except with SBL’s approval, one User may only register one member account on the Sites. SBL may cancel or terminate a User’s member account if SBL has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, SBL may reject User’s application for registration for any reason.
23.3 Be honest with us. Provide accurate information about yourself.
It’s prohibited to use false information or impersonate another person or company through your account.
23.4 Upon registration on the Sites,
SBL shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
23.5 You’re responsible for your account.
A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify SBL immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
23.6 Protect your password.
As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
23.7 Sites and Services
Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
Member acknowledges that sharing of your account with other persons or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to SBL or other Users of the Sites.
Member shall indemnify SBL, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, SBL is not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
24. INTELLECTUAL PROPERTY RIGHTS
24.1 SBL is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with SBL, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by SBL are hereby reserved.
24.2 “SHOPBYLOCALS”, “SHOPBYLOCALS.COM”, “SBL” and related icons and logos are registered trademarks or trademarks or service marks of HubLearn and ShopByLocals; in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
24.3 SBL may have independent third parties involved in the provision of the Sites or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
25. BREACHES BY MEMBERS
25.1 SBL reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject SBL or our affiliates to liability, or is otherwise found inappropriate in SBL’s sole discretion.
25.2 If any Member breaches any Terms, or if SBL has reasonable grounds to believe that a Member is in breach of any Terms, SBL shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any all accounts determined to be related to such account by SBL in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as SBL may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as SBL may deem necessary or appropriate in its sole discretion.
25.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) Upon complaint or claim from any third party, SBL has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
b) SBL has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
c) SBL has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
d) SBL believes that the Member’s actions may cause financial loss or legal liability to SBL or our affiliates or any other Users.
25.4 SBL reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, SBL may disclose the Member’s identity, contact information and/or information regarding the Member’s account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. SBL shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against SBL for such disclosure.
25.5 SBL may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if SBL has received notice that the Member is in breach of any agreement or undertaking with any affiliate of SBL and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. SBL reserves the right to but shall not be required to investigate such breach or request confirmation from the Member.
25.6 Each Member agrees to indemnify SBL, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or Services, or from your breach of the Terms or any Additional Agreements.
25.7 Each Member further agrees that SBL is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. SBL reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with SBL in asserting any available defenses.
26.1 Termination by You.
We’d hate to see you go, but you may terminate your account with SBL at any time from your account settings. You can find more information about How to Close Your SBL Account in this link. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. And you will still have to pay any outstanding bills.
26.2 Termination By SBL.
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. SBL may refuse service to anyone, at any time, for any reason.
26.3 We May Discontinue the Services.
SBL reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
If you or SBL terminate your account, you may lose any information associated with your account, including Your Content.
27. WARRANTIES AND LIMITATION OF LIABILITY (Things You Can Not Sue Us For)
27.1 Items You Purchase.
You understand that SBL does not manufacture, store, or inspect any of the items sold through our Services. We provide the marketplace/venue; the items in our marketplaces are produced, listed, and sold directly by independent Vendors, so SBL cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the Vendor of the item. You release SBL from any claims related to items sold through our Services, including for defective items, misrepresentations by Vendors, or items that caused physical injury (like product liability claims).
27.2 Content You Access.
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. SBL is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
27.3 People You Interact With.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.
27.4 Third-Party Services.
28. DISPUTES WITH OTHER USERS
If you find yourself in a dispute with another user of SBL’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Buyers and Sellers who are unable to resolve a dispute related to a transaction on our websites, in person or mobile apps may participate in our case system. You can find details about the case system here “How to Report a Problem with an Order”. SBL will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. SBL has no obligation to resolve any disputes.
Release of SBL. You release SBL from any claims, demands, and damages arising out of disputes with other users or parties.
29. WEBSITE ACCESS
29.1 Website availability:
While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
29.2 Suspension of access:
Access to the Website may be suspended temporarily at any time and without notice.
29.3 Information Security:
The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
30. CHANGES TO THE TERMS
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
31. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights
32. SOME FINER LEGAL POINTS
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and SBL regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
33. ADDITIONAL TERMS
33.1 Privacy Notice:
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice.
33.2 Other terms:
If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
33.4 Entire agreement:
These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
33.5 No waiver:
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
34. GENERAL PROVISIONS
34.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and SBL with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
34.2 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
34.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
34.4 SBL’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of SBL’s right to act with respect to subsequent or similar breaches.
34.5 SBL shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity – including any affiliates of SBL). You may not assign, in whole or part, the Terms to any person or entity.
34.6 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF DENMARK.
If you have any comments on the Services we provide to you, you may contact our customer service support line here.
If you have any questions about the Terms, please email us at [email protected]
35. WHERE YOU CAN COMPLAIN
If as a consumer you want to complain about your purchase, please contact the VENDOR (insert contact information for the relevant person or unit in the online shop). If you do not succeed in finding a solution, you can send a complaint to the Centre for dealing with complaints at:
Center for Klageløsning
(or insert the URL for the board/the boards who are relevant with the goods or services you sell from your online shop.)
If you are a resident of a country outside Denmark, you can complain to the EU Commission’s online complaints portal here – http://ec.europa.eu/odr
37. STANDARD CANCELLATION FORM
(This form is only to be filled in and returned when the right to cancel is exercised)
Name of seller:_________________________________
Address of seller:_______________________________
Postcode of seller:______________________________
Town of seller:_________________________________
e—mail of seller:_________________________________
I wish to make use of the right to cancel in a purchase agreement concerning the following goods/services:
Ordered, date: _______________________________
Received, date: _______________________________
Consumer’s signature: _________________________________________
(only if the content of the form is given on paper)