1. Scope of Application and Subject Matter of the Contract
2. Conclusion of Contract and Registration
3. Partner Services and Contractual Conditions
4. Prices and their Up-to-dateness
9. Stylight Search Tool
10. Final Provisions
1.2. Via its different Internet Sites (www.stylight.de, www.stylight.at, www.stylight.ch, www.stylight.nl, etc.) (referred to collectively as „Internet Sites“) Stylight makes the use of product and services information („Partner-Services“) of third companies („Partners“) available to its users free of charge.
1.3. Registration by the Member with Stylight’s Internet Sites entitles the Member to access additional functions for the use of services as made available in the Internet Sites.
1.4. Stylight offers its users an extraordinary shopping experience. Together with its partner shops, Stylight shows the latest styles and the best offers. In return, partner stores pay Stylight a fixed amount for each clickout or in very few individual cases a share of the sales value.
2.1. To make a binding offer for the use of the services as a registered user, the Member shall access one of Stylight´s Internet Sites and (i) proceed to the „User Icon“ which appears on the user interface of the Stylight Club and select „Einloggen“ (or Log In) or by selecting „Registrieren“ (or Register) when adding a specific product to the Wishlist (see „Eintritt in den Registrierungsprozess“ or Access Registration Process), (ii) providing then all necessary data or via selection of Login via Facebook or Google and (iii) continue by selecting the corresponding registry button („Angebot“ or „Offer”). The Member incurs no cost when selecting this Offer.
2.2. The Member is entitled to interrupt the registration process at any moment before selecting the „Speichern“ (or Save), „Anmelden“ (or Register) or „Jetzt registrieren“ (or Register Now) buttons (the label on these buttons may vary depending on the path the Member has followed to access the Registration process); likewise before selecting any of these buttons, the Member may change the data provided by deleting, supplementing or correcting the data previously inserted in the different fields or by closing the Web browser of the Web browser window. The Member will still be able to change the data provided in its profile at any time, even once the registration process has been completed.
2.3. Upon reception of the Offer, Stylight shall without undue delay send the Member an e-mail confirming the reception of the Offer, thereby making the contract effective („Conclusion of Contract“). The confirmation e-mail of reception of Offer by Stylight represents the acceptance of the offer by Stylight. This e-mail shall contain an activation link to allow the Member to activate its account. An activation of the profile finalises the Registration and is therefore a mandatory requirement for Registration.
3.1. With its Partner Services, Stylight provides the user only with information regarding its Partners. Stylight and its Partners remain completely independent of one another in the operation of their respective Internet presences and Websites.
3.2. The offered Partner Services are neither proposed by Stylight nor do they represent in any way a requirement to make an offer for a binding conclusion of contract. Should a user be interested in an Offer, he/she is redirected to the Website of the Partner in question and from which the corresponding Offer originated. Any contracts concluded for the acquisition of offered products or services shall be concluded exclusively by the user and the corresponding Partner. In this respect, the General Terms and Conditions of the Partner can be applicable.
Stylight makes every effort to ensure that the prices of its Partners´ Offers as published are as up to date as possible and accordingly updates price information several times a day on the basis of information provided in this sense by the Partners. However, it can occur that prices which Partners charge for their Products and which appear on their respective internet sites have changed with respect to the corresponding price most recently published in data made available on the Stylight Internet Sites. For technical reasons it is impossible to ensure that the price update happens in real-time. In exceptional cases it can therefore occur that the published Products cannot be acquired at the price published in the Stylight Internet Site or it may even occur that said Products are either no longer available at all or not so in a specific form (size, colour, etc.). Therefore, a decisive factor in the purchase contract between the Partner and Member is the real price of the Product, as published on the Partner´s website now of the intended conclusion of contract.
5.2. Such clear grounds exist especially when the modifications become necessary in case of a significant disruption of the equivalency of the contract which was unforeseeable for the User at the moment of the conclusion of contract or in case of changes in the jurisprudence or in case of legislative amendments which might prove necessary for the continued implementation of the contract.
5.3. Changes to main contractual obligations are excluded.
5.6. Stylight shall explicitly inform the Member at the start of the set deadline period of these legal consequences, these being the Member´s right to object, the objection deadlines as well as the significance of filing no explicit objection.
6.1. The Member may terminate the contract at any time without having to observe any period of notice by deleting its Profile or by sending Stylight a written notice of termination (an e-mail suffices).
6.2. Stylight may likewise terminate the contract at any time without having to observe any period of notice.
7.1. Stylight shall assume unlimited liability for cases of intent and gross negligence as well as in case of damages resulting from loss of life, bodily injury or damage to health.
7.2. In cases of slight negligence Stylight shall be liable for contravention of a material contractual obligation. A material contractual obligation for the purpose of this section 7.2 shall be an obligation whose observance is necessary for the due fulfilment of this Contract and which the contractual partner may therefore expect to see fulfilled.
7.3. Liability as set out in section 7.2 above shall be limited to the typical and foreseeable damage now of conclusion of contract.
7.4. In case of a loss of data, Stylight´s liability in line with section 7.2 shall be limited to the costs that would be incurred by the Member to ensure the correct data storage with the aim of restoring the data.
7.5. The limitation of liability shall apply in favour of Stylight´s employees, agents, and auxiliary persons.
7.6. A potential liability of Stylight for guarantees and for claims expressly designated as such and filed based on the product liability law remains unaffected.
7.7. Furthermore, any liability on the part of Stylight is excluded.
8.1. Stylight shall be under the obligation to ensure that its services are made available and accessible at an average annual rate of 98% („Availability Rate“). The first reference time for the Availability Rate starts running from the conclusion of contract and ends at the finish of the calendar month in which the contract terminates. The subsequent reference periods in which the Availability Rate needs to be ensured shall respectively begin on the first day of the calendar month and shall respectively end at the finish of the calendar month before which the corresponding following period begins.
8.2. Stylight shall not charge the Member for the duration of those periods in which the Member cannot access services due to necessary servicing and maintenance work or due to disruptions that are beyond Stylight´s control, especially for example in case of force majeure.
8.3. In as far as possible, Stylight shall inform the Member in writing and in a timely manner of any foreseen servicing and maintenance works. Stylight nevertheless expressly reserves itself the right to carry out also unannounced servicing and maintenance works when this is necessary, especially to guarantee data and operational reliability.
9.1. Stylight’s Product Listing Services may be ranked according to various factors and may be subject to user settings during a search. Ranking criteria may include the amount of remuneration paid by the Product Listing Partners, the popularity of the product among users, quality and completeness of the product information provided by the Product Listing Partner, expected clickout generated sales and budget goals. The weighting of these criteria is carried out in the order in which they are listed above, whereby the criteria regarding a remuneration paid by the Product Listing Partner and popularity of the product with users are of particular importance for the placement of the Partner Data in the ranking.
9.2. Questions regarding our product search, improvement suggestions, indications as to existing errors or infringement of property rights can be addressed to [email protected].
10.3. Should a Member have no general jurisdiction in Germany or in another EU Member State or should the Member be a businessman or should the Member transfer its habitual place of residence abroad after the coming into effect of this contract, or should the Member´s habitual place of residence be unknown at the moment of a claim being filed, the exclusive place of jurisdiction for any disputes arising from the current Contract shall be at the location of Stylight´s registered office.
10.4. The European Commission offers an online dispute resolution website, which can be accessed under http://www.ec.europa.eu/consumers/odr. Stylight is neither willing nor under the obligation to take part in dispute resolution process with a consumer arbitration board.