terms of condition
- These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts concluded via the Internet presence anymarket.de or its subdomains and subpages of anyMarket UG (haftungsbeschränkt), Schwälmer Str.11, 60486 Frankfurt am Main, Germany (hereinafter referred to as anyMarket), between anyMarket and you as the orderer/client (hereinafter referred to as User). anyMarket and the User together shall hereinafter be referred to as contractual partners/parties.
- Users of anyMarket are thus offered a specialized software application for temporary use via a telecommunications connection as well as the option of storing application data for a fee.
- anyMarket is a legally and economically independent company from the supported marketplaces and third-party solutions. Likewise, anyMarket is not a vicarious agent of these.
- The GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the User or third parties shall only become part of the contract if and to the extent that anyMarket has expressly consented to their application in writing. This consent requirement applies in any case, for example even if anyMarket performs services without reservation in the knowledge of the User’s general terms and conditions. Even if anyMarket refers to a letter that contains or refers to the User’s terms and conditions, this does not constitute an agreement to the validity of those terms and conditions.
- Individual agreements made with the User in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. The content of such agreements shall be governed by a written contract or written confirmation by anyMarket.
- The subject matter of the contract is the use by the User of the software developed by anyMarket and operated on anyMarket servers.
- The User shall be granted a non-transferable and non-exclusive right to use this software for the term of the agreement in accordance with the provisions of these GTC. Access is exclusively for the User’s internal purposes with the sole aim of supporting him in his processes and workflows.
- The use of the services offered by anyMarket requires the creation of a user account.
- In order to set up a user account, the user or authorized representative must register by providing his/her personal data. In case of discrepancies or doubts about the truthfulness of the information provided, anyMarket reserves the right to temporarily block the user account until the accuracy of the information is clarified. The registration is free of charge. anyMarket is entitled to refuse an already successful registration and to refuse the possibility of booking a contract.
- After registration, the user must select his interfaces and (if applicable, additional) services. On this basis, all monthly and one-time costs are listed for the user. A contract is not concluded until the user clicks on the “Book” button. The booked selection as well as any changes at a later date (deselection or addition of interfaces and services) will be sent to the user by email.
- anyMarket is entitled to refuse the conclusion of the contract without giving reasons.
- Any addition or removal of interfaces or services will be prorated against the remaining month.
- Likewise, anyMarket reserves the right to notify the user in the system if the number of products of the selected tariff is exceeded and to temporarily deactivate certain services until a suitable tariff has been booked.
- The regular contract period is one month, unless otherwise agreed. Contracts are concluded for an indefinite period and may be terminated by either party with one month’s notice to the end of the month. The contracts are automatically extended.
- The right of both parties to extraordinary termination (termination for cause) remains unaffected.
- Revocation of the direct debit authorization is equivalent to extraordinary termination. The cancellation can be made by email or in the internal ticket system.
- In particular, anyMarket is entitled to extraordinarily terminate this contract without notice if the User is in default of payment of the remuneration due in the amount of two months’ remuneration and has been given a final deadline for payment without success.
Claims for damages and outstanding claims of anyMarket remain reserved.
- Until the end of the contract, the user has the possibility to export all data and copy them to his own server / storage media. After the end of the contract, the user’s access to the system will be blocked and all application data will be deleted.
- The delivery point for the provision of the service is the router exit of the data center of anyMarket. anyMarket owes an availability of the service at the delivery point of 98% on an annual average. This availability does not apply to the Free tariff. The availability of the Free tariff can be found in §10.
- anyMarket may use the services of third parties to provide data processing.
- anyMarket ensures that the service is always in line with the proven state of the art.
- The use of the tariffs is contractually limited to a number of SKUs (total number of articles incl. variants) in each case. Details can be found in the current tariff table.
If this limitation is exceeded on the part of the data provided by the User, anyMarket may deactivate essential parts of the subject matter of the contract at least for the period in which the limitation is exceeded.
If the User is not able to adjust the number of SKUs in the anyMarket system to the maximum number stipulated in the tariff, additional costs may be incurred when the ServiceDesk is commissioned and charged to the User. The amount of these costs corresponds to the support costs of the booked tariff.
- When using the interfaces to marketplaces and eShops, it is also relevant how many products are available in the seller account or eShop. The number of items available in the anyMarket user account may differ (be lower) if items were created manually directly in the marketplace seller account or eShop. In this case, the permitted number of SKUs and the associated tariff is based on the number of SKUs in the respective seller account.
- anyMarket shall provide storage space on the server to a reasonable extent for the application data from the contractually agreed date of operational provision. If the space is not sufficient in the event of excessive use, anyMarket may request the User to purchase a storage space extension.
- *anyMarket backs up the application data on a regular basis, at least on a calendar day basis (by extra charge if necessary).
- The application data generated and created by the User will be stored by anyMarket for a maximum period of 25 months counting from the beginning of the contract. After this period, the data will be completely deleted even if the contract continues. The storage periods for the Free tariff are regulated in §10.
- The user is solely responsible for compliance with retention periods under commercial and tax law.
- If and to the extent that the provision of a new version or a change is accompanied by a significant change in contractually guaranteed functionalities and/or restrictions in the usability of previously generated data, anyMarket will notify the User of this in text form no later than four weeks before such a change takes effect. If the User does not object to the change in writing within a period of two weeks from receipt of the change notification, the change shall become part of the contract.
- The provisions of §3 do not apply to users of the Free tariff. For these users, the provisions of §10 apply instead.
Liability of anyMarket is excluded in the following cases, among others:
- General network disturbances. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. anyMarket endeavors to keep its offered services available as constantly as possible.
- In particular, anyMarket shall not be liable for the error-proneness of products or services (e.g. price comparison tools, marketplaces and other external software solutions) whose functionality depends on the data of third parties.
- anyMarket shall not be liable in particular for any infringement of third party rights by User-generated content.
- anyMarket or the User is only obliged to pay a contractual penalty if this contract expressly provides for it. A contractual penalty need not be reserved. Offsetting against it and against it is permissible
- The above exclusion of liability does not apply to the following cases:
– in the case of intent or gross negligence,
– for injury to life, limb or health,
– in the case of claims under the provisions of the Product Liability Act, and
– in the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation). An essential obligation is such an obligation, the fulfillment of which enables the proper execution of a contract in the first place and on the compliance with which the contracting parties may regularly rely. In the latter case, anyMarket’s liability is limited to the amount of damage that is foreseeable and typical according to the nature of the transaction in question, especially taking into account the User’s historical data.
Claims for damages against anyMarket due to breaches of duty arising from the contractual obligation and due to tortious acts can only be asserted if intentional or grossly negligent conduct can be proven.
- If a defect occurs, anyMarket shall be entitled and obligated to remedy the defect, provided that the User has complied with its obligations to cooperate pursuant to §11 without undue delay after the defect has occurred. Restrictions in the quality of the services due to technical circumstances beyond the control of anyMarket, e.g. connection problems, operating errors on the part of the User, etc., shall not be deemed to be defects.
- If the elimination of the defect fails despite two attempts at rectification, the User may demand a reasonable reduction in the fee within 1 month of the defect occurring. However, the reduction may amount to the monthly basic fees.
- To the fullest extent permitted by law, in no event shall anyMarket be liable for any lost profits or any special, incidental or consequential damages arising out of or in connection with our website, services or these Terms and Conditions (regardless of how arising, including negligence).
- The Services of anyMarket are used at your own risk. The Services are provided “as is” and “as available” without express, implied or statutory warranty or guarantee.
- Especially for incorrect data from third party systems such as competitor prices and competitor data on the online marketplaces, comparison portals or other third party applications, anyMarket assumes no liability.
- Data provided by the system for forwarding or downloading, such as advance tax returns and other financial accounting, product, order, customer data, must be checked by the user and, in the event of errors in these, reported to the anyMarket ServiceDesk. AnyMarket assumes no liability for the correctness of the data.
- In particular, tax calculators should be used only as a reference in determining the correct tax rates, and resulting input tax or sales tax charges, and not as a substitute for independent tax advice.
- Performance disruptions due to force majeure.
Liability is excluded in the event of causes for which anyMarket is not responsible, such as:
– war, mutiny, blockade, embargo
– industrial dispute lasting more than 6 weeks and not culpably caused by anyMarket,
– technical problems of the Internet or congestion of global communication networks beyond anyMarket’s control
- anyMarket shall immediately notify the User of the occurrence of a case of force majeure by email or in the internal ticket system.
- All prices quoted by anyMarket are exclusive of VAT, unless otherwise indicated.
- The fee is always to be paid at the beginning of the month for the last elapsed month by bank transfer with a payment term of 7 days from invoicing. In the case of collection by SEPA, credit card or PayPal, the fee will be debited a maximum of 3 days after invoicing. Contracts that were not concluded at the first of the month will be charged proportionally.
- The deduction of cash discount requires a separate written agreement.
- Fees that are payable once are due upon conclusion/amendment of the contract.
- However, anyMarket is entitled at any time, also within the framework of an ongoing business relationship, to provide the services ordered by the User in whole or in part only against advance payment. This applies in particular to cases in which, after the conclusion of the contract, circumstances become known which are likely to significantly reduce the User’s creditworthiness and through which the payment of outstanding claims by the User from the respective contractual relationship is jeopardized.
- If it becomes apparent after the conclusion of the contract (e.g. by filing for insolvency proceedings) that anyMarket’s claim for payment is jeopardized by the User’s lack of ability to pay, anyMarket is entitled to refuse performance in accordance with the statutory provisions and – if necessary after setting a deadline – to withdraw from the contract (§ 321 BGB).
- Training and support by anyMarket employees (ServiceDesk) are charged as additional or special services. The rates applicable to each tariff can be found in the price overview on the website. These will be shown separately on the invoice. These services can be provided via e-mail, the internal ticket system, remote access tools or by telephone.
- Setups can be performed independently via the documents and How2 video tutorials provided by anyMarket. Any support provided by the anyMarket ServiceDesk will be billed as a special service at the rate applicable in the Tariff. For new functionalities, documentation or How2 Video Tutorials may not be available, in which case it is at the discretion of anyMarket whether or not the ServiceDesk will charge for the Special Service.
- anyMarket is entitled to change the prices or tariff conditions at the beginning of the following month with a notice period of one month by notification via email or in the internal ticket system. The changes do not apply to periods for which the user has already made payments.
- In the event of a change, the User has the right to terminate the contractual relationship within a period of one month to the following month after receipt of the announcement. AnyMarket will inform the User of this right of termination together with each announcement of a price increase. If the User does not terminate the contract within this period, the price change shall become part of the contract.
- For failed debits as well as for missed transfers of the agreed remuneration, anyMarket charges reminder fees in the amount of 20.00€ each.
This also applies to further failed debits of the same claim.
- For each additional reminder of amounts already dunned, anyMarket charges reminder fees in the amount of 9.90€.
anyMarket supports the protection of intellectual property and encourages the user to do so if the user is located in a country where copyright law applies and the rights under it iwe reproduction rights, photographic works and others.
anyMarket follows up on all notices of suspected copyright infringement. If anyone believes that one of our users is infringing their intellectual property rights, they may report it through our eMail: firstname.lastname@example.org. Upon receipt of the notification, anyMarket may remove or disable access to the offending materials. Once the user receives a notice of impending deletion, he or she may respond by filing an objection to the complaint.
The one-time costs for setting up the online store refer to a basic SetUp. In which the design and functionality can only be customized to a limited extent. Different designs and scopes of functions are available, the respective costs for these are indicated on the price and booking page of anyMarket.
For individual designs and functionalities, an external technology or service partner must be commissioned.
For the functioning and correctness of an online store that is created and made available by third parties, the regulations from §4 also apply.
Insofar as the User brings its own hosting for the online store, it must ensure that all necessary information and settings (in particular A-records, etc.) are provided to anyMarket or have been professionally set by the User.
If a hosting of the online store is booked by the User through one of our partners, the disclaimers from §4 apply, however, anyMarket may request the partner to rectify any faulty functioning in a timely manner. There is no claim for damages or other claims against anyMarket, as it is the use of a third party provider – see §8.
A daily back-up of the application data in the online store can be added by booking additional services.
The payment options in the store also fall partly to the Additional-Services and must be ordered / purchased separately.
If the capacity (hard disk) of the online store’s performance is not sufficient due to above-average usage, a larger hosting package must be added.
*Domain purchase via anyMarket
*Transfer of the domain to another provider*.
- Insofar as anyMarket provides interfaces to third-party systems, the obligation to check the incoming or outgoing data for consistency, completeness, correctness and up-to-dateness rests exclusively with the User. The provision of such interfaces shall be at the risk of the User.
- It is the user’s responsibility to read the terms and conditions and/or privacy statements applicable to these third party services before using them.
- anyMarket shall not be liable for any infringement of third party rights by the User, if and to the extent that such infringement results from the User exceeding the rights of use granted under this Agreement.
- Claims for damages against anyMarket for the violation of third party rights by the User are excluded.
- If the User culpably violates legal regulations, rights of third parties or breaches its obligations under these GTC within the scope of the User Agreement, anyMarket may take the following measures:
– Warning of the user
– Restriction of access to the offer of anyMarket
– Deletion of the user’s content
– Blocking the user’s access
- anyMarket makes no warranties or representations with respect to third party services.
- anyMarket does not guarantee the availability of any Third Party Services. anyMarket may disable access to any Third Party Services at any time in its sole discretion and without notice to User. anyMarket shall not be responsible or liable to anyone for any suspension or disabling of access to or disabling of any Third Party Services.
- When using third party services, the User grants the third party provider and anyMarket permission to handle the exchange, storage and processing of data or any other interaction between the Application Data and the third party provider necessary for the compatibility of the services of the related systems.
- This includes third-party providers such as DHL, DPD and other fulfillment service providers, Amazon, eBay, Check24 and other marketplaces / portals or social commerce platforms such as Instagram, Facebook & Co.
- Third parties not named are not automatically omitted.
- Our liability regulations according to §4 apply to all technology and service partners.
- The User is entitled to obtain or use technologies and services through our partners. anyMarket does not support and does not assume any responsibility for the conclusion of and compliance with the contract between the User and the partner.
- For Service Partners, separate service contracts are concluded directly with the Service Partner. anyMarket is not involved in the agreed costs and rates of the Service Partner and does not negotiate any contracts between the User and the Service Partner.
- For users in the Free tariff, anyMarket reserves the right to refuse the desired marketplace or interface.
- The booking of an online store in the free tariff is excluded.
- The expected annual average accessibility is approx. 85%.
- Application data is stored for 6 weeks. The user must independently ensure that these are exported and saved on their own servers or suitable storage media.
- A cancellation on the part of the user is not required, unless the user wishes this. In this case, all application data will be deleted without separate notice.
- Tariff changes and the framework conditions for this, are communicated to the user one month before coming into force by email or in the internal ticket system. The user has the possibility to decide 14 days before the end of the calendar month whether the new changes are acceptable and the service will continue to be used with the new changes, the contract should be terminated or a change to a suitable tariff takes place.
- anyMarket reserves the right to unilaterally terminate the contract with a 7-day notice if after 30 days from the date of entering into the contract, on average, less than 50 orders are processed in the system. In this period the user has the possibility to export and save his application data, after the expiration of the 7 days period, they will be irretrievably deleted.
- The user has the possibility to prevent the deletion of the user account even if the conditions of paragraph 7 are not met. For this purpose, a fixed flat fee of 14.85€ net per month will be charged until the user fulfills the conditions from paragraph 7 and anyMarket makes a request for exemption of the fixed amount via the internal ticket system or by email.
- anyMarket reserves the right to make new functions available immediately and without notice, as well as to restrict or completely remove existing functions. If this results in significant deficiencies and loss of functionality, the user has the option to inform the ServiceDesk and work out a solution together. However, the user has no right to demand another version in the free tariff.
- Response and processing times in the free tariff differ from those in chargeable tariffs, the definition and classification of tickets remains unaffected (see §6 para. 3)
– Defect preventing operation: Reaction: 24 hours / Remedy: 5 working days
– Defect hindering operation: Reaction: 48 hours / Remedy: no obligation
– Other defect: Reaction: 5 working days / Remedy: no obligation
- Support requests are primarily handled via the internal ticket system and eMail. The ServiceDesk is not obligated to provide support over the phone or via remote access.
- All other parts of these GTC apply without deviations.
- The User receives access data for the purpose of using anyMarket. The User is obliged to keep these access data secret and to inform anyMarket immediately of any loss or unauthorized use of the access data by third parties. anyMarket is entitled to block access data and additional users if there is any suspicion of unauthorized use or misuse of the data.
- The User may use anyMarket only for its own business purposes.
- Insofar as anyMarket provides interfaces to third-party systems, the obligation to check the incoming or outgoing data for consistency, completeness, correctness and up-to-dateness rests exclusively with the User.
- If the User discovers that anyMarket is not working or is not working properly, the User is obligated to notify anyMarket of this immediately in text form via the internal ticket system or by e-mail. In this case, the User is also obligated to reverse any undesired changes to its offers on the trading platforms in order to minimize damages.
- The user is responsible for the fiscal and commercial storage obligations, e.g. according to §§238, 257 HGB, § 147 AO.
- The rights to the data transmitted by the User to anyMarket remain with the User. anyMarket, however, requires limited rights to this data in order to be able to offer the Service in full. In order to ensure this, the User grants anyMarket a right of use to his data free of charge if and to the extent this is necessary to fulfill the purpose of the contract.
The subject of the granting of the right of use is a non-exclusive, temporally and spatially unrestricted right to process the data transmitted by the User and to transfer the data to other interfaces. All rights of use granted shall expire upon termination of the contract (e.g. by notice of termination).
- The User is obligated to report any errors and/or malfunctions occurring during the use of anyMarket immediately in text form via the internal ticket system or eMail and to also indicate and describe how the defect manifests itself in each case, what its effects are and under what circumstances it occurs. Warranty claims shall only exist if the reported defect has technical causes, is reproducible or can be shown by machine-generated output.
- The User undertakes to inform anyMarket without delay of any changes to the data provided by him in the registration process or to correct such data himself without delay in his User Account.
- In case of blocking of his access by anyMarket, a new user account may not be opened in order to gain access to anyMarket through this.
- If the User violates the obligations under these paragraphs, anyMarket is entitled to take all necessary measures to eliminate the abuse
- In the event of culpable breach of duty, the User shall be liable to anyMarket for damages, and anyMarket shall be entitled to extraordinary termination of the user contract.
- The User shall be liable for ensuring that the Service of anyMarket is not used for purposes that are racist, discriminatory, pornographic, endanger the protection of minors, politically extreme or otherwise unlawful or in violation of official regulations or requirements, or that corresponding data, in particular application data, are created and/or stored on the servers.
- The User may not offer goods/products on the platforms supported by anyMarket that violate the rights of third parties, in particular trademark rights or copyrights, or that violate legal provisions, public order or morality.
- The contracting parties shall maintain secrecy with regard to all information to be treated as confidential which has come to their knowledge within the scope of this contractual relationship and shall only use such information vis-à-vis third parties – irrespective of the purpose – with the prior written consent of the respective other party. Information to be treated as confidential includes information expressly designated as confidential by the party providing the information and such information whose confidentiality is clearly evident from the circumstances of its provision. In particular, application data shall be treated as confidential by anyMarket if anyMarket obtains knowledge thereof.
- The obligations under para.1 shall not apply to such information or parts thereof for which the receiving party proves that it was
– was known to it or generally accessible to it prior to the date of receipt;
– was known or generally accessible to the public before the date of receipt;
– became known or generally available to the public after the date of receipt without any responsibility on the part of the party receiving the information.
– These are necessary for certain third-party services
- Public declarations of the Contracting Parties on cooperation shall be made only by prior mutual consent.
- The obligations under para.2 shall continue to exist for an indefinite period of time beyond the end of the contract, and for as long as an exceptional circumstance under para.2 is not proven.
- The user will be notified of changes to these GTC by e-mail or in the user’s internal ticket system. If the User does not object to the amendment of the GTC within four weeks after receipt of the notification, the amendments shall be deemed accepted by the User.
- anyMarket is entitled to amend these GTC with a notice period of four weeks by notifying the User by email or in the User’s internal ticket system, and stating the date of entry into force, provided that essential provisions of the contract are not affected thereby and this is necessary to adapt to developments that were not foreseeable at the time of conclusion of the contract and the non-consideration of which would noticeably disturb the balance of the contractual relationship. Adjustments or amendments to these General Terms and Conditions may also be made insofar as this eliminates difficulties in the performance of the contract which have arisen as a result of regulatory gaps after conclusion of the contract. This is the case in particular in the context of a change in case law, insofar as one or more clauses are affected by this.
- The User has the right to object to the amendment of these GTC within a period of two weeks after receipt of the announcement, in writing or by email. AnyMarket will inform the User of this right of objection and the legal significance of the two-week period in the announcement. If the User does not object within this two-week period, the amended new GTC shall be deemed accepted.
- If the User objects to the amendment of the GTC within the two-week period, anyMarket is entitled to terminate the contract in writing within a period of two weeks after receipt of the objection, with effect from the time the new GTC come into force. The User cannot assert any claims against anyMarket on the basis of this termination. If no notice of termination is given by anyMarket within this notice period of two weeks, the contract will be continued on the basis of these GTC.
- This contract is subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is excluded.
- If the User is a merchant, a legal entity under public law or a special fund under public law or if the User does not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the place of business of anyMarket in Frankfurt am Main (Germany). anyMarket is, however, also entitled to sue the User at his place of residence and/or place of business. In these cases, however, the exclusive place of jurisdiction for legal actions against anyMarket is the place of business of anyMarket. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.
- Should individual provisions of the contract concluded between the parties be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.