General Terms & Conditions

General Terms and Conditions of Use of ecomparo

 
The following general terms and conditions ("Terms") are valid for the use of ecomparo (hereinafter also the "Portal") and all sub-pages.

The Portal (hereinafter the "Offer") provides you with information and services in various issues of ecommerce and other topics (hereinafter referred to as "content").
In some areas of ecomparo special conditions may apply additionally. When signing up to these areas, you are expressly advised of the applicable conditions for these areas. Such specific conditions will apply to the use of such services in addition, and if the instruments overlap, instead these conditions.
 
 

1. General

  
ecomparo is a service of HOWADO GmbH (hereinafter also referred to as "Provider"). All services of the provider are provided solely on the basis of these terms and conditions. These Terms shall be the basis for the use of ecomparo and any associated additional services.

By clicking the appropriate box when you register or purchase access, you confirm that you have read the terms and agree to them. You can also print or download the Terms and Conditions. They apply to all one-time and ongoing services, where no specific regulations intervene. We point out that if online services are provided by partners or advertisers, their General Terms and Conditions of Use shall take precedence. Conflicting or deviating conditions from these Terms and Conditions of the user are not valid.
 
Target Group
Free ecomparo content is freely available to everyone in accordance with these General Terms and Conditions of Use. The pay offer is not directed to consumers but only to entrepreneurs acting in their commercial or professional activity.
  
Exclusion of third party Terms
Other terms and conditions (including terms of payment, contract conditions , conditions of purchase) of the user or other correspondence have no contractual value even if they are explicitly stated by the user in emails or other similar locations or if we do not contradict expressly.
 
Change in scope of service
a) We reserve the right to extend, to change and make improvements, particularly when it is in the interest of technical progress, appear to us to be necessary or otherwise to prevent abuse. The changes can cause a change to the appearance and functionality of ecomparo. We also reserve the right to terminate or restrict overall performance or parts thereof at any time. This is especially true for the free services and offers, and also in the paid area.
b) We are entitled to unilaterally terminate the contract, without giving any reason within a period of 3 months. Paid in advance fees will be refunded in this case. We are also entitled to terminate your access if charges are not paid in time. In this case you cannot claim the continuation of the service. We reserve the right to provide services at any time and in any amount by the help of third parties.
c) We also have the right to change these terms and conditions or contractual/ product-specific general rules, so far essential provisions of the contract shall not be affected and so far it is necessary to adapt to developments which were not foreseen at the conclusion of the contract and its failure would markedly interfere the balance of the contract noticeably. Significant rules are in particular those concerning the nature and extent of the contracted services including arrangements for termination and duration.
d) Further adjustments and additions to these Terms and Conditions or contract-specific to general regulation may be made to the extent necessary to eliminate difficulties in the execution of the contract due to incurred contract loopholes after the conclusion of contract. This may be particularly the case if the law changes and one or more provisions of these terms and conditions are affected.
e) The approval of the amendment shall be granted if you do not object to the amendment within one month of the notification of change. We will inform you in the course of the change by a notification of the consequences of non-objection. In case of an change or upgrade of your access your current term of validation is added to the term of your newly access plan.
f) These terms and conditions shall apply as long as the user is an entrepreneur, businessman, a legal entity under public law or public special fund, also for all future contracts in the above sense, even if they are not explicitly included again.
 
 

2. The contract

 
Terms of Reference
The fee-based access to ecomparo gives you a comprehensive comparison of shopping carts on the basis of numerous comparative criteria. By ecomparo and its filter, and compare functions, you can independently do various comparisons in order to receive an overview of the cart vendor market and/ or identify the appropriate shopping cart.

Service packages
ecomparo offers different service packages. You consent to the transfer of our invoice electronically, for example, by email.
 
Conclusion of contract
Instant Access
a) A contract for the use of the access gains validity by the confirmation of these Terms and Conditions (by clicking the appropriate checkbox) and then clicking the button "Buy Now", even if the following electronic payment process for technical or other reasons, can not be completed immediately. In case of payment problems, please contact the address given under Contact.
Access per invoice-form
b) By confirming these Terms and Conditions (by clicking on the appropriate checkbox) and then clicking the button "Buy now" you offer a binding purchase request to buy the previously selected ecomparo plan. We can accept the contract within 7 working days by confirming acceptance by email to the email address you have provided. To accept your offer, we are not required.
  
 

3. Termination, Upgrades 

Your access and thus the contract expires at the end of the agreed term or upon final completion of the agreed services. A diverging termination requires a written agreement. But if you want to delete your account ahead of time, so please let us easily know via our contact form.
All notices under these Terms must be made in writing, while an email is sufficient. Your data will be completely erased as soon as the data is no longer needed for billing purposes or bookkeeping regulations for paid services. The cancellation of optional and additional selected charged options does not affect the contract per se. After termination of the contract, we are no longer obliged to provide the contractual services.
 

4. Privacy Policy

 
We collect, process and use personal data of ecomparo users. Further information on data processing and data protection resulting from our Privacy Policy. You can find it here.
  

5. Rights to contents and obligations of the user

 
a) You may use the content of ecomparo for your own business purposes. The transfer of content to third parties (or part thereof) is not allowed without our consent. It is forbidden to include or present websites belonging to ecomparo or their content via a hyperlink in a window. Furthermore, you are forbidden to copy the data from the portal through technical means. As far as there are special instructions for the use of content on a page, they will apply in addition to these general terms and conditions.
b) After you have completed the purchasing process, you get to the registration form, in which you must enter a user name (also called "Login Name") and password for your account. In addition, other details, such as the company name, address, email address is necessary. This data is mandatory, so you can use the free and fee-based services (eg. shopping cart comparison) and we can send you an invoice (charged plans). You agree that your data entered is accurate and complete and agree that your data is stored electronically. It will not be disclosed to third parties, unless you have expressly consented or disclosure is necessary to fulfill our services. It is your responsibility to keep your data in your profile up to date.
c) The access, the access data and all services are allowed on a company basis. You are responsible that your password is not accessible to any third party outside of your company or authority. In case of unauthorized data disclosure we reserve the right to withdraw access. Access purchase amounts will not be refunded. Fees paid, in the case of early termination of the account by you are not recoverable.
d) As a user, you have full responsibility for all activities that occur by the use of your login name in connection with your password. You agree to immediately notify us if you get to know any unauthorized use of your login name/ your registration data. In the event of fraudulent use you have to change your password immediately via the "My Account" page. We and our suppliers exclude the liability for damage arising from unauthorized or improper use of your password protected logins.
e) For all Content that you post on the ecomparo websites, you are responsible. Moreover, we are not obliged to check your content for any legal violations. In addition, the User agrees to accommodate the recognized principles of data security and comply with the obligations of the Privacy Policy. You specifically agree to comply with legal requirements and do not tolerate or enable any acknowledgment of your username and password.
f) The user agrees not to violate any third party rights or applicable law. The user is especially obliged not to use ecomparo in such a way that might lead to a change in the structure of ecomparo or the underlying software, not to program data to make any attempt to decompile or modify the underlying source code and databases, not to integrate in a separate product besides of ecomparo and not to use ecomparo data or information for other purposes than those of the single business. The user is liable for all consequences and disadvantages to the provider by the improper or illegal use of the Service or the fact that the user does not comply with other significant contractual obligations (including but not limited to the obligation to maintain confidentiality of the password).
g) The user shall set ecomparo free of any claim or claims of third parties upon first request, which result of the violation of legal laws by the user or by the user-created content, including reasonable court costs and attorney fees. In addition, the user has to assist the provider in the defense of such claims.

6. Creation of content by users / comments

 
a) In public areas and requiring registration of ecomparo websites there are ways to publish content (texts, opinions, links, etc. ) for registered and non-registered users ("User Content"). When commenting and you're not logged in, we publish your mentioned name (a pseudonym is also possible). Your email address is stored by us for contacting purposes and not made public. In addition, you can also optionally leave your website. If you are logged in, by submitting your comment we publish your customer profile's name and last name.
b) When you submit content for publication to us, you grant us a royalty-free, temporally and spatially unlimited and non-exclusive right to use such content in whole or in part, reproduce, adapt , publish, translate, modify , edit, distribute, perform , display, provide third parties with easy usage rights in such content, as well as to incorporate the content into other works and/ or media ..
c) If you publish rights-protected content in publicly accessible areas of ecomparo, then this applies as your assurance that the owner has full, irrevocable and legally granted all necessary rights, that content is temporally and spatially unlimited and free of charge for use, imitation, for modification, editing, publishing, translate, worldwide distribution, and can be adapted with other content to ecomparo.
d) You are obligated to respect the interests of other users and not to violate their rights and the rights of third parties. Reviews from users must not violate legal provisions in particular. You are responsible for ensuring that your published content must not be contested properly and legally. In that regard, you warrant ecomparo that you either are the content creator or have the necessary rights to publish and grant us the rights listed above.
e) If the contents represent people, you have to make sure that the person depicted, agrees to the publication.
f) We expressly point out that the entire appearance of ecomparo can be evaluated by different search engines and your published content can be listed in search engines, consequently, so that content can be searchable all over the Internet anytime.
g) ecomparo User Content has a lively discussion and freedom of expression as a target, you must observe mandatorily the following limiting rules. The user undertakes in the use of ecomparo not to violate any applicable laws and any contractual provisions to offend. He undertakes in particular, that no third party rights, particularly copyrights, moral rights, patent, trademark and other rights of any, that the existing criminal law and youth protection regulations are observed and that no racism, denying the Holocaust, grossly offensive, pornographic containing or sex, minors, extremist, violence-glorifying or trivializing war-glorifying, advertising for a terrorist or extremist political organization, prompting a criminal offense, defamatory comment, libelous or inappropriate for minors, or other criminal content by his distributed content. In case of violation, we reserve the right to take legal action and delete the respective content.
h) If you post content to the user-generated areas of ecomparo, you agree to indemnify us and our data providers from any claims of third parties which make this the basis of these contents against us or our data providers claim, regardless of the legal basis (including claims under the Copyright Act and breach of privacy or trademark rights).
i) The exemption is provided including the reasonable cost of our legal defense. With your consent to these general terms and conditions you agree well with the above exemption.

7. Technical Requirements

For proper functionality of ecomparo sites a few system requirements are necessary. All you need for the use of ecomparo is an Internet connection and a Web browser. Our website is optimized for the use of the Google Chrome browser (the latest version). It is necessary that JavaScript and Cookies are enabled in your browser. You should also have installed the latest version of Flash Player. If you need a newer version, you can download it here. We assume for any errors or non-working features due to the use of other browsers and system configurations, no liability. A claim to any benefits that result from such errors is excluded.

8. Liability

Service disruptions
a) We strive for a continuous availability and faultless functionality of the paid ecomparo services. The user acknowledges however, that for technical reasons and because of for example the dependence on external factors in the context of telecommunications networks and signal transmissions over various instances of the WorldWideWeb, an uninterrupted availability of ecomparo websites is not feasible, why the user cannot insist on constant accessibility. Temporary access disabilities, do not grant warranty claims for lost profits or other damages, nor a right to immediate termination of contract. We have the right to a time and peripheral access restriction, when a failure is caused by external influences, not within our controllability.
b) For the initial treatment of technical improvements, elimination of errors and faults, etc. a temporal suspension of ecomparo sites can be necessary. No warranty claims justify in particular insignificant difficulties in searching, storing, or concerning the content of posts (for example, typing errors, time delays), which do not affect the use of the service significantly. The provider specifically excludes, to the extent permitted by law, any warranty.
  
Transmission
a) On the transport of data over the Internet, the provider has no control. We therefore do not accept any liability that interactive procedures reach the user properly and that access to the Internet is guaranteed at all times. Furthermore, no guarantee that the data is exchanged with a given bit rate.
b) The service of the provider is not a high security system and simply through its connection to the Internet and the resulting technical conditions we therefore are not responsible for a possible interception or recordings of informations by third parties. Are firewalls or security certificates offered, the user acknowledges that these are not foolproof and fully providing total security of the prior manner. Excluded from the warranty are malfunctions resulting from defects or interruption of the user's computer or communication paths from the user to the server or from misuse of the username and password.

Daten
We are not liable for data loss on your part or for the unauthorized acquisition of your personal data by third parties (e.g. from hackers). We are not liable for information that you have made ​​available to third parties and which ist misused by them. The provider does not carry the risk of data loss during transmission outside its own borders. The risk passes with the provision of data, or contribution for access to the server. We accept outside our own borders no liability for data security.
 
Limitation of Liability
As far as it is not about injury to life, body and health, other claims for damages against the HOWADO GmbH as an operator of ecomparo are excluded. This exclusion does not cover damage caused by a grossly negligent breach of duties of HOWADO GmbH or an intentional or grossly negligent breach of duty by a legal representative or agent of HOWADO GmbH. For entrepreneurs the liability is limited by the amount covered by our media liability insurance. Full terms and conditions can be viewed on demand.

Third Party Content
a) ecomparo is in parts based on contributions and comments from users. It is content of ecomparo users that have not been tested by us and other users have published on their own. It may therefore be that the content does not correspond to the truth or infringe the rights of third parties. It may also be that persons listed as the sender is not the true sender of the statements. We do our best to remove immoral, infringing and contrary to generally applicable law content.
b) However, if you find these kind of content contrary to expectations at one point of our website, please inform us with a brief message to info (at) ecomparo . com and we will remove such content immediately. Interviews and commentaries of third parties reflect their opinion and do not necessarily reflect the opinion of ecomparo. Correctness, accuracy , timeliness, veracity and completeness of the views of third parties can not be assured by ecomparo. In any case, users should not use statements as the sole basis of decisions. We are not responsible for such content.

Information disclaimer
a) The contents of ecomparo are carefully researched and submitted by information from public sources or partners. However, we take no responsibility for the topicality, correctness, accuracy, completeness, reliability, veracity or usefulness of the information provided to the user. We do not guarantee that the free or paid content meets your expectations or enables you to reach a certain goal. The information on ecomparo is not updated daily. The current prices and specifications are at any time given on the respective websites of the cart vendors.
b) Liability for personal injury and under the Product Liability Act remains unaffected.
Despite the wealth of information as well as due to the constantly changing subjected situation, ecomparo cannot replace relevant professional qualified entities (eg legal advice) and their specific case consultation. We therefore recommend you contact an attorney or other qualified counseling center when you have questions about legal and tax issues and related aspects. Please note that shopping cart vendors and third-party provicers (service provider) change their rates, cost structures and services from time to time and update in real time can not be guaranteed.
If you wish to correct or complete information, please use the feedback button on the left side of the screen. Thank you.
c) Liability claims, which refer to material or immaterial nature caused by the use or non-use of any information, e.g. the use of incorrect and incomplete information are excluded, unless the author is guilty of intentional or grossly negligent. In particular, when signing a contract with cart or service providers listed on this page, the respective contractual arrangements (GTC) of these providers are valid and not the differing data on ecomparo. We reserve the right to change parts of ecomparo or the entire offer without prior notice, to add, delete or cease publication temporarily or permanently. Paid plans will be refunded pro rata in the inability to use the offer.

9. Links & references

a) For direct or indirect references to other websites ("hyperlinks") that lie outside our area of ​​responsibility, would occur liability only in those cases, in which we have knowledge of illegal contents and it is reasonable for us, as would be technically possible, to prevent use of such content. At the time of linking, no illegal contents were recognizable on the linked pages.
b) On the design , contents or authorship of the linked web sites , we have no control. We therefore expressly distance ourselves from all contents of linked pages that experienced a change after the link . This declaration applies to all of ecomparo.de links and references as well as for any material created by us discussion forums, comment boxes , link directories , mailing lists and all other types of databases , insists on the content of external write access.
c) For illegal, incorrect or incomplete content and especially for damages resulting from the execution or failure to use of this information is the sole responsibility of the supplier or the internet sites to which reference was made, and not ecomparo that we only refer to the particular sites.
d) We point out that we do not embrace the content of the microsites and banners and other advertising space, and assume no liability for them.
Because some states/ jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation applies only to the extent permitted by law for them.

10. Copyright Notice

a) We are committed to respect the copyrights of the images, graphics, sound files, video sequences and texts on ecomparo. All trademarks on ecomparo are subject to the provisions of the applicable trademark law and the ownership rights of the respective owners. The use of general descriptive names, trademarks, and all names likewise used in this work does not justify the assumption that such names and marks within the meaning of the trademark and trade protection laws could be regarded as free and therefore free to be used by anyone. Rather, they are often legally protected registered trademarks, even if they are not identified as such. In the notation we have endeavored to abide by the manufacturer's spelling.
b) The copyright for any self-produced objects and works of us remains with us and is subject to German copyright law. No liability can be assumed for unsolicited manuscripts. With the delivery of manuscripts and pictures to us, the author grants us the right to publish. Paid submissions become the property-rights of ecomparo.
All rights reserved, including partial reprints, photo-mechanical reproduction (including microfiche) and the evaluation by databases and electronic data processing , the same applies to multimedia information (sound, images, software, etc.). All information/ data given in good faith but without guarantee of completeness and correctness.

11. Closing provisions

a) If any provision of this Agreement is or becomes invalid, the validity of the remaining provisions persists. This is in accordance with §33, para 1 BDSG and §4 , Teledienst Datenschutz-Verordnung noted that the data of the users are machined in machine readable form. The law of the Federal Republic of Germany applies. It also applies to the registration of users from other countries. Jurisdiction is the seat of the HOWADO GmbH, currently Neustadt/ Waldnaab, Bavaria, Germany.
b) If the domicile or habitual residence of the user, even for non-professionals, for the time of action is unknown or the user has moved his residence or usual place of abode outside the purview of the law after the contract is agreed, the jurisdiction is the registered office of the HOWADO GmbH.
c) These arrangements establishes no company law relationship between the provider and the user.
 
(Status: 01. Januar 2015)
 
ecomparo
A Service of
HOWADO GmbH
Rosenstraße 5
92660 Neustadt
Phone: (+49) 9602 9390757
Fax: (+49) 9602 9390758
EMail: info(at)ecomparo . com
 
Authorised managing directors:
Wirt.-Ing. Alexander Hofmann, Wirt.-Ing. Tobias Walbert
Registernummer: HRB 4324
Registergericht: Amtsgericht Weiden i.d.OPf.
Ust-IdNr.: DE293077777

We hope that our Conditions of use/ Terms are helpful to you. If you have any further questions, then please contact us using our contact form. We will be happy to answer your questions.