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General Terms and Conditions Please note:
small-prices.com is not a direct shop but, rather, a price comparison platform. Ordering of products is therefore not possible from small-prices.com itself. Instead, products are ordered from the shops listed on this platform. Please contact the relevant shop directly Services of the Websites The websites are aimed at end
consumers (hereinafter also referred to as “customers”) who
purchase, apply for or inform themselves (or each other) about products
and/or services online via the internet. On the websites, customers
receive free price overviews and references to the sources of supply of
products and services that are offered online by retailers, suppliers
and service providers registered with small-prices.com, as well as
third parties (including white label cooperation partners) (hereinafter
also referred to as “Online-Shops”).
The information provided on the websites does not represent any legally binding offer on the part of small-prices.com. The information research is widely automated and based to a great extent on information that small-prices.com receives from the Online-Shops and third parties (e.g. manufacturers and media). Data from the Online-Shops and third parties is repeatedly updated via automatic processes throughout the day. In individual cases, discrepancies may occur, especially in regard to the prices (which also affects the ranking of the offers), the availability and the delivery times of products and services. Due to the sheer quantity of information to be processed, errors cannot entirely be ruled out, especially in cases where the incorrect information can be attributed to the Online-Shops or other third parties. Therefore, small-prices.com cannot assume any liability for the accuracy or inaccuracy of the information provided. This shall not apply if small-prices.com is informed about the inaccuracy of the information, through a customer, for instance, and does not correct it or at least take action to have the Online-Shop or third party correct it. small-prices.com hereby expressly emphasises that not all online shops and offers existing on the market are taken into account on the websites. The available selection remains the sole discretion of small-prices.com and the Online-Shops. The comparison results serve to provide an overview of the Online-Shops cooperating with small-prices.com and make no claim to completeness. small-prices.com reserves the right to remove individual products and services from the websites without prior notice to the customers. Contractual Relationships small-prices.com does not
become party to any purchase, service or other contract of any nature
made in the course of acquiring the products or services represented on
the websites. Contracts involving the acquisition of products or
services represented on the websites are concluded exclusively between
the customers and the Online-Shops. In the case of such contracts, the
respective terms and conditions (including cancellation policies) of
the individual Online-Shops apply. When the customer is interested in a
product or service, the customer is generally taken via link directly
from small-prices.com's websites to the website of the Online-Shop from
which the offer in question originates. Before concluding a contract or
a purchase, users themselves are responsible for checking whether the
relevant data provided by the respective Online-Shop is accurate and
up-to-date. small-prices.com assumes no liability for whether the
products or services, as represented by the respective Online-Shops,
can actually be purchased or ordered under the conditions stated by
these shops.
All brand names, logos and/or other product designations are registered and protected trademarks or trade names of the respective owners. User Contributions The customer can express
opinions concerning products and services with text or image
contributions (e.g. user reviews, evaluations, accounts of personal
experience, news on products) directly on the websites and read and
follow the contributions and reviews of other customers, as well as
test results and price trends. Participation is not legally enforceable
and cannot be required or demanded. small-prices.com reserves the right
not to publish customer contributions. small-prices.com expressly
distances itself from third party opinions on the websites and is not
liable for them.
With the submission of comments and images (e.g. about Online-Shops, products, services, etc.) the user grants small-prices.com the simple, gratuitous, revocable, spatially and temporally unlimited right to use the submitted text or image and the accompanying rating (including the right to modify this content, as long as the editing and modification of this content remain true to the original spirit of the work, and the right to translate it into other languages). The submitter of the content waives the right to be named or otherwise identified as author. The usage rights hereby granted are restricted in their content and scope to what is necessary for the operation, provision and improvement of services at small-prices.com. Indemnification regarding Customer Contributions The customer will indemnify
small-prices.com against any and all claims by third parties brought
against small-prices.com due to alleged damaged incurred through the
publication of the customer's text or image contributions on the
websites. The customer will bear the costs of the necessary legal
defence (in particular court and lawyers' fees) that small-prices.com
incurs through a legal assertion of claims. This does not apply when
the customer is not liable for the legal violation.
Liability The following exclusions and
limitations apply with regard to small-prices.com's liability,
notwithstanding other legal claim requirements: small-prices.com
assumes liability if the cause of damage is the result of wilful
misconduct or gross negligence on the part of small-prices.com. In the
case of simple negligence, small-prices.com only assumes liability for
the breach of significant duties the proper fulfilment of which
constitutes a condition sine qua non and on the fulfilment of which the
customer regularly relies (so-called cardinal duties). In all other
respects, liability for compensation for damage of any kind, regardless
of the basis for claim, including liability for violation of mutual
confidence in the preparation of contract, are excluded. If
small-prices.com assumes liability for an instance of simple
negligence, this liability is limited to damage the occurrence of which
could typically be expected due to circumstances known upon conclusion
of the contract. The aforementioned exclusions and limitations of
liability do not apply in cases of mandatory legal liability, in
particular pursuant to the German Product Liability Act, in the event
of the assumption of a guarantee, as well as for culpable injury to
life, body or health.
The aforementioned exclusion and restrictions of liability also apply to employees, auxiliary persons and other third parties, serving small-prices.com in the capacity of fulfilment of contract. small-prices.com assumes no liability and makes no guarantee as to the type, completeness and quality of the products, services or information from the Online-Shops and/or other third parties, accessible either directly on the websites or indirectly, via links for instance. In particular, small-prices.com assumes no liability and makes no guarantee as to the proper functioning and compatibility of systems, programs, etc., that are not directly part of small-prices.com's services and over which, therefore, small-prices.com has no influence. As such, small-prices.com cannot assume liability for the accessibility and availability, the graphics, content or other technical design, structure or functionality of the websites of the Online-Shops or third parties or for the products, services or information these third-party websites offer or do not offer. Intellectual Property Rights The websites contain data,
search results, texts, graphics, software and other information that
are protected under intellectual property right provisions, in
particular copyright law and trademark law for the benefit of
small-prices.com and its employees. Reproduction, public distribution,
modification and other encroachments on these rights, whether entirely
or in part, are only permitted with the explicit written permission of
small-prices.com, unless a statutory limit applies. Each unauthorised
encroachment represents a violation of these Terms and Conditions and
will be prosecuted. In particular, the automated reading of databases
and websites (e.g. via scraping) and the integration of the contents of
the websites in a frame without small-prices.com's permission is not
permitted. The user is solely permitted to use the application for the
individual comparison of offers from Online-Shops for his/her own
private needs.
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