Shopitoo AB's Terms and Conditions
2011-02-25 (version 1.3)
These Terms and Conditions apply to Shopitoos services. Shopitoo AB is a swedish limited company with a swedish registration number, 556809-4857. These Terms and Conditions regulate the contractual relationship between Shopitoo AB and the person making the order (hereafter referred to as the Customer).
Terms and Conditions in general
By making an electronic order the Customer only acquires the right to use of the Webshop solution. By electronic order is meant an order made through the Internet where the Customer actively has chosen to agree to all of Shopitoo Terms and Conditions.
The customer thereby accepts electronic communication as the means to enter into a legally binding agreement, make orders and other registrations, and the Customer thereby accepts electronic delivery of messages, regulations and transactions. Additionally, the Customer renounces all rights by any eventual laws requiring non-electronic original signature.
Shopitoo provides services and software for Internet-based Webshops (also known as e-trade applications). A service can consist of a subscription.
The Customer is required to always have one contact person available for contact with Shopitoo. The contact person must be authorised to send and receive messages on behalf of the Customer that are binding, as regarding the services provided by Shopitoo.
Service period and cancellation of subscription services
All subscription services are limited in time and run for 1, 3 or 12 months depending on the Customer's choice while ordering. The service is automatically cancelled when it runs out. The customer can choose automatic or manual renewal. The customer can close his shop in admin and thereby change its status to "Under construction". If the Customer does not use the shop or closes it during the current subscription period, no refund is made. If Shopitoo fails to deliver the service for at least 99% of the subscription time, because of failures related to operation, the Customer is entitled to cancel the contract and receive a refund for the remaining period. The Customer is required under such circumstances to contact firstname.lastname@example.org by e-mail, and the time this message is received is registered as the time of first contact.
Payment is due monthly, quarterly or yearly in advance. Payment can be made either in cash or by credit card. Tax or VAT is normally included in all prices.
Transfer of agreement
The Customer owns the right to transfer this agreement to a Third Party.
Changes to Terms and Conditions
These Terms and Conditions apply until further notice. Changes to the Terms and Conditions are posted electronically on the home page, 30 days before they enter into force.
Termination of agreement
If the agreement is terminated, the Customer's rights to use of services are also terminated and Shopitoo is entitled to immediately shut down any provided services.
Shopitoo AB's responsibility
Shopitoo is responsible for the operation of the services provided for the Customer. To protect the Customer's integrity Shopitoo treats all information about the Customer as confidential. Shopitoo can however, if required by a court injunction, provide information about the Customer to the appropriate authority.
Policy regarding privacy
When you place an order with us, you provide information about your person and/or company. During registration and ordering you accept that we store and make use of your information in order to fulfil our agreement with you. You have, according to the Law of personal information, the right to receive the information we have registered about you. If it contains errors, is incomplete or irrelevant, you can demand that the information is corrected or deleted. In such a case, please inform us by e-mail.
The customer's responsibility
The Customer is obliged to observe swedish and international law. This also applies to any objects that are linked to from the Customer's home page or Webshop. The Customer is responsible for all information published on their home page, on their Webshop or in any related folders. The Customer is responsible for ensuring that any sale in their shop is carried out in accordance with the law. The Customer is forbidden from either directly or indirectly contributing to the transfer of unsolicited bulk e-mail messages (SPAM). The customer is forbidden from using the Shopitoo system in any way that may negatively influence Shopitoo's system or other Internet users.
Limitation of responsibility
Shopitoo is not under any circumstance responsible for any indirect damage, such as loss of profit or use, reduced production or sale, loss of data, damage to Third Party's property, failure to meet obligations to Third Party or other consequential damages or damages that it would not be reasonable to expect Shopitoo to be able to predict.
Shopitoo can also not be held responsible for cases where a user, whether authorised or not, breaks into the Customer's or any other computer resource and gains access to, damages or compromises data or information.
Shopitoo's liability is under all circumstances, including direct damages, limited to maximum of a base amount.
Any claims for damages must be delivered in writing within two months of the damages being discovered or should have been discovered.
Any eventual dispute between you and Shopitoo regarding products and services subject to these Terms of Agreement is regulated by swedish law. This will not, however, limit Shopitoo from claiming their property and immaterial rights (including, but not limited to, demanding a court injunction) in other jurisdictions and in accordance with the procedures, terms and conditions that apply in these jurisdictions.
Shopitoo is not liable for the consequences of actions that are prevented or adversely restricted by circumstances that Shopitoo could not reasonably be expected to prevent or control. Examples of such circumstances would be for example labour disputes, war, disorder, failure in external phone lines, lightning, fire, extreme weather conditions, rule of authorities or other public regulation, general shortage of goods, transportation, energy or other similar circumstances.
Grounds for termination of agreement
If one party is culpable of material breach of contract, the other party is entitled to shut down the service with immediate effect. If the breach of contract has not been corrected within 30 days of receiving written notice thereof, the other party is entitled to cancel the contract in its entirety.
Any dispute regarding this agreement will be settled through arbitration according to Stockholms Handelskammares Skiljedomsinstituts rules for Expedited Arbitration. The arbitration will take place in Malmö, Sweden.