General Terms and Conditions for Customers


§ 1 General

  • 1.1 Hadi Reda, Podhagskygasse 51/13, 1220, Vienna (further on in this document “Searchin”) operates under searchin.it or an associated top-level domain and/or subdomain/alias (further on in this document only "searchin.it") an online portal for sport shoes searching (sneakers).
  • 1.2 When using a service in connection with Searchin, or more precisely, the online portal searchin.it exclusively the present Terms and Conditions (further on in this document "Terms") apply to the contractor within the meaning of § 2. The Terms can be viewed at any time at searchin.it/terms. In particular, Terms, Terms of Use or something similar from contractual partners or third parties will not be part of this contract regardless whether they oppose these conditions or contain additional conditions.
    Deviating or supplementary agreements to these Terms shall in any case be in writing.
  • 1.3 Searchin has the right to amend these Terms without the prior approval of the contracting party at any time or to adapt them for amendment of a provision of law.

§ 2

Contracting parties, type of service and contract conclusion

  • 2.1 Contractors under these Terms are Searchin and the company/entrepreneur who is offering sport shoes (sneakers) for sale (further on in this document "Customer"), which promotes sport shoes (sneakers) via the online portal searchin.it
  • 2.2 Searchin offers the Customer a possibility for a defined search order free of charge and/or for a separate fee (see § 3), to promote his sports shoes (sneakers) on the online portal searchin.it. Searchin thereby obtains the possibility to provide offers of the Customers within the meaning of Terms without limitations.
  • 2.3 The contract for the possibility of setting advertising adverts concluded if the (online) request of the Customer is confirmed by Searchin by clicking the appropriate box online.
  • 2.4 Searchin reserves the right not to publish promotional advertisements because of their content, origin or technical form in accordance to uniform, objectively justified principles. This is especially true if the advertising content viul class="list"ates legal or official prohibitions or it is against morality or other reasons, which make the publication unacceptable for searchin.
  • 2.5 Searchin is therefore entitled to remove advertising which content viulates legal or official prohibitions and accepted standards of moral without prior warning of the Customer from their pages. Replacement or refund claims by the Customer are not thereby justified.

§ 3

Affiliate Partners

  • Through a supplementary agreement between the customer and Searchin it is possible for the Customer to become a so-called "affiliate partner". Search results of affiliate partners are listed primarily as a rule and visually highlighted. The manner of preference is, however, regulated separately in the supplementary agreement. Otherwise, the provisions of these Terms for affiliate partners shall apply correspondingly. Payment is made separately through a third party.

§ 4

Privacy Policy

  • 4.1 The Customer hereby explicitly agrees that the data entered and automatically processed by Searchin in conjunction with the online portal searchin.it may be processed within the specific purpose.
  • 4.2. Furthermore, the User explicitly takes notice of the use of services from third parties (eg. Google Analytics, Facebook, Wirecard etc) by Searchin, and its contractual partners for marketing purposes and explicitly agrees in this connection to the use of his data by these third parties. It must be noted that third parties may use Cookies, IP-addresses of Users or similar for statistical purposes (e.g. evaluation of the site searchin.it) or may be passed on for statistical purposes. Should the personal information of third parties in this respect, be used or disclosed, Searchin does not apply as a client within the meaning of the Data Protection Act 2000 (further on in this document "DSG 2000").
  • 4.3. Incidentally, the use of data in conjunction with online portal Searchin, is in accordance with the privacy policy according to DSG 2000 or any other relevant Austrian law.
  • 4.4. If Searchin, receives an e-mail address of the User through the website, it will be used for the purpose of advertising of its own services as well as for system messages. The User explicitly agrees to receive system messages and newsletters. These notifications and newsletters are part of the service of Searchin, and may be canceled in writing. The searches are saved in connection with personal data.
  • 4.5. The results (possibly individual) will be stored in the database of Searchin, and used for statistical and commercial purposes.

§ 5

Intellectual Property Rights

  • The rights for the advertising content (e.g. images, graphics, frames, databases, brand names, product descriptions, product title, etc.) are held by the Customers. All possible necessary (unlimited) rights for the operation of the website Searchin will be granted to the online portal Searchin.

§ 6

Warranty and Damages

  • 6.1 Searchin undertakes to carry out the tasks entrusted with technical and commercial diligence in good faith. Should there occur any inconsistencies to the contracting party, any complaints should be delivered within seven working days in writing and should be justified, unless otherwise specified in these Terms after being aware of the disagreement.
  • 6.2 Compensation claims of the contracting party of any kind are excluded unless they result from willful misconduct or gross negligence of Searchin, based exclusively on the services related to these Terms, but then only up to the amount of each contract value.
  • 6.3. It is the responsibility of the Customer to ensure that the content of its advertising does not violate any law, morality or the like.

§ 7

Disclaimer

  • 7.1. The use of the online portal searchin.it is exclusively at risk and responsibility of the Customer. Searchin, its officers, employees and representatives disclaim any and all liability associated with the use of the website searchin.it (or a corresponding top-level domain and/or subdomain/alias). Searchin guarantees no specific properties (except the services described in § 2 and guaranteed under or § 3) of the contents of the online portal searchin.it and possibly on the linked pages, no continuous availability of the online portal Searchin / (even for those services described in § 2 and guaranteed under or § 3) and excludes Searchin from all responsibility and liability for:
    • backup or storage of the data and information of any kind;
    • damages of any kind arising from loss of data and/or theft of the data provided to the Customer (e.g. promotional ads);
    • Damage caused by the temporary unavailability and unexpected offline phases of the server/s;
    • content of linked sites of any kind;
    • errors, mistakes and inaccuracies of the provided content;
    • personal injury or property damage of any kind arising from the use of the online portal searchin.it;
    • any unauthorized access or unauthorized use of the secured Searchin server and/or thereon stored personal and/or financial data;
    • any interruption or cessation of transmission associated with the online portal searchin.it;
    • any computer infections, viruses, trojans; hacker attacks and the like, searchin.it by or through the use of the online portal transferred by third parties;
    • any errors or incomplete content or any loss or damage of any kind resulting from the use of any content made accessible due to the use of the online portal searchin.it in any manner whatsoever;
    • from third parties or subcontractors caused damage;
    • the absence of a contract for searchin.it;
    • breaches of the Customer and the applicant and breaches of the agreement between these contracts in connection with searchin.it.
  • 7.2. Searchin expressly dissociates itself and takes no responsibility for any product/service, advertised or offered via linked third-party websites. Searchin is not a contracting party or responsible for the supervision of any business transactions between Customers and Users of online portal services.
  • 7.3 Searchin operates from its Austrian websites and assumes no responsibility for its use elsewhere it is allowed and possible. Therefore, whosoever from other locations access Searchin website, does it voluntarily and is responsible for its correspondence with the local law.
  • 7.4 The contracting party is liable for all damages caused by him towards Searchin in connection with the relevant contract.

§ 8

Indemnification

  • 8.1 Without prejudice to (further) validity of these Terms and unlimited in time for the use of the online portal searchin.it each Customer irrevocably commits himself to hold harmless Searchin, its officers, employees, associated businesses and representatives for all damages, in particular arising from debt and compensation claims, including costs of legal representation because of
    • access to and use of the online portal searchin.it by the Customer;
    • violation of these Terms or any part thereof
    • violation of third party rights, especially of (intellectual) property or personal rights; or
    • any claims by third parties due to commercial advertisements.
  • 8.2 If a third party claims due to other violations of clients against Searchin the Customer explicitly commits to indemnify and hold Searchin harmless.

§ 9

Final Provisions

  • 9.1 Messages that are provided in these Terms or by law, shall be deemed received on the date on which they arrived at the address last given in writing by the contracting party. A change of address must be clearly communicated in writing to the other party and shall take effect two weeks after the arrival at the address of the other party.
  • 9.2 The Customer waives the possibility of offsetting or retention.
  • 9.3 The place of performance for services provided by Searchin as well as for consideration from the Customer is Podhagskygasse 51/13, 1220 Vienna.
  • 9.4 On all legal issues arising from or in connection with these terms and conditions Austrian law, under exclusion of its conflicts of law rules, particular excluding the UN sales law and the IPRG, is applied.
  • 9.5 The parties agree that for all arising disputes from the contractual relationship between Searchin and the Customer, subject to compliance with mandatory provisions of law, the place of jurisdiction will be Vienna.
  • 9.6 If any provision of these Terms, any subsequent amendment or supplement is invalid or void, the validity and effectiveness of the remaining provisions of these Terms shall not be affected thereby. In case of invalidity, unenforceability or invalidity a provision as close as possible towards the economic result, not ineffective, invalid or unenforceable deemed to be agreed. Here, the specific economic interests of the parties in particular from the void, invalid or illegal provision shall be determined.

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