Terms Of Use
General Terms and Conditions of sneaktorious, owner Lennart Loose, Fuhlsbuettler Str. 533, 22337 Hamburg, Germany, phone: + 49 (0) 151 4208 0698, e-mail: info@sneaktorious.com
1. Scope of application
(1) These GTC apply between the provider and the users of the software offered ("app") and regulate the conditions for the use of the app "Sneaktorious". By using our app, the user agrees to these GTC.
(2) The subject matter of the contract is the free use of the app and/or the purchase of a membership from the provider, as a result of which users receive information about new sneaker releases and can benefit from certain features.
2. Conditions of use
(1) The scope of functions of the app differs depending on the operating system. The functions are described in the respective App or Google Store (hereinafter for all "App Store"). The hardware and firmware requirements for operating the App on end devices are listed in the App Store. Updates are provided to the extent required by law in accordance with § 327f BGB.
(2) It is the responsibility of users to ensure that the end device meets all necessary technical requirements to use the app and is compatible with the app. Users are responsible for all fees and costs arising from the use of the end device in connection with the app, including network usage and the fees of the respective mobile phone provider. Internet access is required to use the app. This is not provided by the provider.
(3) A stable internet connection of the user's terminal device is required for the use of the app. The user must ensure this himself/herself
(4) The Provider is entitled to change, further develop and improve the App at any time in a manner that is reasonable for the User in terms of technology and content.
2. Free use of the app/creation of a profile
(1) The use of the app is possible free of charge.
(2) Users who would like to favour sneakers and mark store entries must create a free profile. To do this, users enter their first name, last name, an email address and a password.
(3) There will be advertisements from various providers in the app. Users who use the app free of charge will see these advertisements.
3. In-app purchases/ conclusion of a paid membership
(1) With the help of the app, the user can access current content in the form of a self-renewing in-app subscription ("membership"). The available terms and their prices are displayed in the order options. A membership includes updating via an update service.
(2) Users who take out one of the paid memberships offered benefit from the following advantages and features:
- "Raffle Alerts", i.e. the sending of push messages to the user's mobile phone for a desired sneaker for which the respective user wishes to receive alerts.
- Filter.
- "No Ads", whereby "No Ads" only refers to advertising banners that can be seen on the Release Guides as well as in the Release tab. These banners are hidden when a membership is purchased. Even after purchasing a membership, users will still see images with affiliate links in the "Explore" (start pages) area. "No Ads" thus only refers to those images that clearly indicate an advertisement, not to affiliate links.
- In-App Browser.
- "Copy Paste" tool (here the user can create and fill in fields that appear & are selectable when the sneaker Raffles are entered and thus automatically inserted into the respective field to provide data faster).
- Exclusive Giveaways.
(3) If a 7-day trial is offered, this is only valid for the respective membership offered and only for those users who have not yet used a the 7-day trial. After use of the test days, renewed use of another trial is excluded, unless it is a case of further free use expressly permitted by the provider.
(4) If the user does not terminate the test phase within the 7-day trial, the free test phase becomes a paid membership that is extended monthly and can be terminated in accordance with § 3 paras. 5 and 6.
(5) Billing (see section 7 Payment processing) and administration of the subscription are carried out exclusively via the App Store account of the user. The contract on the (in-)app purchase and the subscription is concluded between the user and the respective App Store operator.
(6) The subscription is automatically renewed for one month at a time after the minimum contract period has expired. The automatic renewal can be switched off up to 24 hours before expiry via the account settings in the App Store.
(7) A subscription can be terminated via the account settings in the App Store. Content will no longer be updated after the subscription has been terminated.
4. Use of the copy-paste tool
(1) Users who have concluded a membership can create a user profile in the app and then use the so-called "Copy Paste" tool. The creation of a user profile is optional. The use of the copy paste tool is a free additional offer to which the user has no claim. It is not a consideration for the contractually agreed membership fee, but a pure customer service. The use of the membership is possible without creating a user profile.
(2) By means of the copy & paste tool, users can create fields themselves and fill them with information (e.g. credit card number, address). Users use and fill in the tool and the fields themselves and are solely responsible for the information provided there. Data and information that users enter there are only accessible to the users themselves; the provider has no access and cannot view this data.
(3) The provider is not liable for the information provided by the user. This also applies if this data is made public without the user's consent.
(4) The copy & paste tool can only be used to a limited extent on some websites, such as Google Forms. The user is not entitled to use this tool.
5. Voucher codes
Voucher codes for free memberships can be generated by the provider and offered on its terms, e.g. through a raffle.
6. Prohibition of abuse
(1) The user is prohibited from using the app for illegal transactions. In this respect, the user undertakes not to undertake any actions that violate the rights of third parties.
(2) In the event of an infringement of third-party rights, the user shall indemnify the provider against all third-party claims upon first request. This also includes the costs of legal defence and prosecution.
7. Payment processing and right of withdrawal
(1) Payment processing for paid apps, subscriptions and in-app purchases takes place directly with the app store operator via the user account.
(2) A refund of payments made in the App Store on the part of the Provider is excluded. In this respect, the general terms and conditions/terms of use of the store providers shall apply.
(3) Any right of withdrawal must be exercised exclusively with the store providers. In this respect, the general terms and conditions/terms of use of the store providers shall apply.
8. Price adjustments
(1) The Provider shall be entitled to vary the Membership Fee from time to time in its reasonable discretion to reflect the impact of any changes in the overall costs associated with our service. Examples of cost elements that affect the price of our subscription offers are:
· Rent (10 %)
· Marketing (30 %)
· Personnel (30 %)
· Service provider/freelancer (20%)
· Other (10%)
(2) All price changes shall apply at the earliest 30 days after notification.
9 Affiliate Links
Insofar as the provider integrates affiliate links into its offer, it shall mark these in a manner recognisable to the user.
10. Securing contents
The provider does not guarantee that entries in the app's personal watch list will be saved permanently. In particular, they may no longer be available after updates.
11 Limitation of liability
(1) Insofar as the availability of the app is dependent on the services of third parties (in particular telecommunications providers), the provider assumes no liability for the availability.
(2) The supplier shall be liable without limitation in the event of injury to life, limb or health and
in accordance with the provisions of the Product Liability Act as well as to the extent of a guarantee assumed by the contractor.
(3) In all other respects, the Provider's liability in connection with the use of the App is limited to intent and gross negligence; in the event of a breach of material contractual obligations, the Provider shall also be liable for slight negligence. Insofar as the Provider is liable in the case of slight negligence, the liability shall only exist for the contract-typical and foreseeable damage.
12. Property rights
(1) The Provider reserves all rights, in particular copyright and trademark rights, to the App and all content provided within the Apps.
(2) The user acquires a non-exclusive and non-transferable licence, limited in time to the duration of use, to use the app on any compatible end device of which he is the owner. The right of use also includes any updates (upgrades, patches, etc.).
(3) The user acquires a simple and non-transferable right of use to the content retrieved in the app. The right of use entitles the user to consume the content. It is limited in time to the period of use agreed for the respective content. In particular, the right to use old versions of content in the case of subscriptions ends with the end of the subscription.
(4) The user is not permitted to decompile, reverse engineer, disassemble an app, attempt to derive the source code, decrypt the source code, modify or create derivative works of the app or its contents or reuse it in other software. This shall not affect the mandatory statutory provisions pursuant to Section 69a et seq. of the German Copyright Act (UrhG).
13. Right of withdrawal/cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, sneaktorious, owner Lennart Loose, Fuhlsbuettler Str. 533, 22337 Hamburg, Germany, telephone: + 49 (0) 151 4208 0698, e-mail: info@sneaktorious.com, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
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Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
sneaktorious, owner Lennart Loose, Fuhlsbuettler Str. 533, 22337 Hamburg, Germany, phone: + 49 (0) 151 4208 0698, e-mail: info@sneaktorious.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of a paper communication)
- Date
(*) Delete where not applicable.
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14. Consumer arbitration
The EU Commission provides an internet platform for the online resolution of disputes ("ODR platform") at https://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of such disputes arising from online purchase contracts. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
15. Final provisions
(1) Ancillary agreements, amendments or supplements must be made in text form to be effective. This also applies to the cancellation of the text form.
(2) The contractual relationship between the customer and the supplier shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all claims in connection with the business relationship shall be the registered office of the provider.
(4) Amendments and supplements to these GTC must be made in writing to be effective, subject to the prior provision of the written form. This also applies to the written form requirement itself.