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Logicsale gtc uk

(including intellectual property rights), which undermine public order and decency, or which are offered under conditions, including price conditions, that breach the provisions of the Consumer Code or the Intellectual Property Code; The assigned login name and password that the CLIENT receives under these GTC in order to be able to use the SOFTWARE are only for the Preamble; Information about the logicsale europe ltd; Applicability of CLIENT. The CLIENT is obliged not to disclose the login name and password to third parties, nor allow their use by third parties. Legal representatives or employees of the CLIENT and external service The company logicsale europe ltd (hereinafter referred to as providers commissioned by the CLIENT are not considered as third parties, if these are committed to confidentiality of data. If the CLIENT has several Amazon accounts, he is entitled to open several different accounts for the SOFTWARE (with different login names and pass- Legal representation: Directors Michael Näther and Michael Kirsch Free Trial Period; Commission-based Contract Registration court: 07065091 = company No. 07065091 Web addresses: http://www.logicsale.co.uk The contractual relationship between the CLIENT and LOGICSALE always begins with a one-time trial period of 15 days. For this purpose offers a proprietary web service (hereinafter referred to as the "SOFT- LOGICSALE sends the CLIENT login details by e-mail, through which the WARE") aimed at helping professional merchants, be they private CLIENT can set up a personal account in the SOFTWARE. The 15-day individuals or legal entities, (hereinafter referred to as the "CLI- trial period begins with the first login of the CLIENT in the SOFTWARE ENT(S)") who wish to optimize the price of or manage items they are through the login data sent to him. During the free trial period, the offering for sale on the marketplace platform of Amazon Services CLIENT can use the SOFTWARE and support of LOGICSALE free of Europe S.a.r.l. (hereinafter referred to as “AMAZON”). The SOFTWARE charges. During the whole trial period LOGICSALE is allowed to exclude offered to CLIENTS is subject to these general terms and conditions individual CLIENTS with a notice period of 24 hours for any reason (hereinafter referred to as “GTC”). The contractual relationships of the from use of the SOFTWARE. These GTC, with the exception of articles 5 CLIENT and LOGICSALE are exclusively subject to these GTC, unless in and 6, also apply during the trial period. The trial period expires after particular cases agreed otherwise in writing. Different GTC of the 15 days, without requiring a termination by the CLIENT. The prices are CLIENT shall not apply. LOGICSALE is legally and financially separate reset after the expiry of the trial period to the original prices (i.e. to and independent of AMAZON. LOGICSALE is also not an agent of prices before the start of the trial period). If the CLIENT does not want this, he has the option to stop the price optimization before the end of the trial period in his account on his own. The prices then stay at the same level as on the last day of optimization. If the CLIENT does not Subject Matter: Description of the LOGICSALE SOFTWARE decide to subscribe to a fee-based contract, the access of the CLIENT to the personal account in the SOFTWARE expires. 2.1 The contract relates to the use of the SOFTWARE developed by LOGICSALE and operated on LOGICSALE servers by the CLIENT. The CLIENT receives for the duration of the contract a timely limited, non- transferable and non-exclusive right to use this SOFTWARE in accord- Upon expiration or during the trial period, the CLIENT has the oppor- ance with these GTC. Access to the SOFTWARE is given to the CLIENT tunity to subscribe to a paid contract with LOGICSALE. The conclusion for internal purposes of the CLIENT only with the sole aim to support of the commission-based contract begins by clicking the "Send Data" them in optimizing their article sales prices on the LOGICSALE sup- button by the CLIENT on the appropriate page in the personal account of the CLIENT. On this page, the CLIENT must choose the initial con- tract period (3 or 12 months), enter his banking details and must The CLIENT can use the SOFTWARE to optimize the prices of the prod- confirm that he has read the GTC and acknowledge and accept their ucts he offers on the AMAZON site for sale. The CLIENT pursues a validity. Clicking the button "Send Data" constitutes an offer by the pricing strategy that is solely fixed by himself. The SOFTWARE deter- CLIENT to conclude a contract with LOGICSALE under the GTC. mines the selling prices of the competitors products of the CLIENT and LOGICSALE is entitled to refuse the offer for any reason. Acceptance of adjusts the price of each product item according to the CLIENT’s the offer by LOGICSALE is confirmed by a confirmation by e-mail in which the CLIENT is also notified on the chosen initial contract period. The SOFTWARE transfers the automatically calculated product prices on behalf of the CLIENT to AMAZON. The SOFTWARE does not transfer Duration of the Contract; Termination - Cancellation inventory quantities to AMAZON, unless the CLIENT actively does changes in inventory quantities in the SOFTWARE or he configures the SOFTWARE in such a manner so that it processes changes in the inven- tory quantities made by the CLIENT in a CSV file that is sent to and After acceptance of the offer made by the CLIENT to LOGICSALE the processed by the SOFTWARE and then transferred to AMAZON. Whether commission-based contract begins. Optionally remaining free trial days and to what extent the CLIENT uses the SOFTWARE is not verified by are taken into account and do not expire. The initial contract duration is based on the CLIENT's choice made in the application form. The contract is renewed for the initial term selected by the CLIENT, if it has In order for LOGICSALE to be able to change the prices of the CLIENT not been previously terminated by the rules in section 5.2 of one of the and publish them in his name as well as use the prices as a basis for parties. If the CLIENT has chosen an initial period of 3 months, he can calculating the remuneration, the CLIENT is obliged to grant switch during the current contract to a 12-month contract with the LOGICSALE access to his AMAZON account data (login name and appropriate pricing conditions. The contract duration and the prices of password) and deposit these in the SOFTWARE for the duration of the the 12-month contract will be calculated here as early as the modifica- contract. The CLIENT is responsible for ensuring that the information tion date, and not only from the expiration date of the current contract. stored in the SOFTWARE granting access to his AMAZON account are For future extensions of the contract, the new contract duration is valid and current. Any changes shall be registered immediately in the SOFTWARE by the CLIENT. LOGICSALE is hereby authorized to access the CLIENT’s AMAZON account for the purpose of price optimization The deadline for the proper cancellation of the contract is 30 days prior to the expiration of the initially selected contract duration or the Necessary Pre-Conditions of the CLIENT for using the SOFTWARE and selected extended contract duration period. As specified in Section 6 of these GTC the CLIENT owes compensation until the end of the contract, regardless of whether and to what extent he actually uses the SOFT- The CLIENT must have a valid "Seller Central Account”. The CLIENT must also be of legal age and enjoy full legal competence. The CLIENT makes sure to provide accurate information about his identity, address and the product items he wishes to sell on the AMA- Extraordinary termination for good cause remains unaffected by the ZON platform. The CLIENT ensures to promptly announce any changes provision in section 5.2. For LOGICSALE the following are considered that may arise regarding this information toward LOGICSALE and a) the opening of insolvency proceedings over the assets of the CLIENT The CLIENT ensures not to offer products for sale on the AMAZON or the placement of an application for opening of insolvency proceed- platform that are illegal or which infringe the rights of third parties ings or the rejection of a request for lack of assets; tioned provisions do not apply if the CLIENT can prove that he was not b) the violation of essential provisions of these GTC by the CLIENT responsible for the breach of the obligation to inform LOGICSALE. c) if the CLIENT is in default by more than 8 days with the monthly fee The CLIENT has the possibility to fulfill his obligation to inform LOGICSALE and enter the current login data in the SOFTWARE at any time. For the next billing period, the compensation is calculated In case of a justified immediate termination by LOGICSALE, the CLIENT according to article 6.1. If such notice is given within 14 days after still owes LOGICSALE compensation for damages encountered as a receipt of the invoice calculated under paragraph 6.2.1, LOGICSALE consequence of the termination. Here, the average of the bills of the will cancel the current bill and retroactively create a new bill on the last three months before the termination serve as a basis for calcula- basis of items sold (article 6.1). LOGICSALE can claim a fee according tion, or if the contract is lasting less than three months at the time of to the price list for this manual billing, the variance surcharge pursuant termination, the amount of the bill during the last month before the to no. 6.2.1 is then cancelled. Is the newly created bill less than the original bill, based on the invoice issued according to article 6.1 and was the original bill already paid, then the CLIENT will receive a corresponding reimbursement. LOGICSALE will determine on its own if the amount that is to be reimbursed will be deducted from the next bill The notice of termination shall be given only in writing and by post. The sending of an e-mail or fax is not sufficient. If the CLIENT can prove toward LOGICSALE that his AMAZON account is permanently shut off, so that he cannot perform any sales anymore through the AMAZON platform, LOGICSALE will only charge the mini- Upon termination of this contract, for whatever reason, LOGICSALE will mum remuneration according to the price list, beginning with date of dissolve the personal account of the CLIENT and delete the account. the statement and following calendar month until the termination of The prices are reset after the expiry of the contract period to the the contract. This does not apply if the CLIENT changed account data original prices (i.e. before the start of the contract period). If the CLIENT does not want this, he has the option to stop the price optimization in his personal account in the SOFTWARE, before the end of the contract period. The prices then remain on the level of the last The remuneration of LOGICSALE is always due immediately upon invoicing. As payment method between LOGICSALE and the CLIENT, "direct debit" is agreed upon, provided that the CLIENT has a bank Remuneration; Default of Payment by the CLIENT account at a bank that is resident within the United Kingdom of Great Britain. LOGICSALE pulls the invoice amount from the deposited bank Information Obligation of the CLIENT; Calculation and Amount of account of the CLIENT no earlier than the date of the invoice. If the direct debit cannot be performed successfully, LOGICSALE calculates a fee according to the price list. The CLIENT may provide evidence that The CLIENT is obliged to pay the in detail itemized remuneration in the calculated fee did not incur or that it is significantly lower than the Section 6.1.3 to LOGICSALE for the use of the SOFTWARE. The remu- calculated fee. LOGICSALE retains the right to provide further proof neration depends on the number of articles the CLIENT sold on the regarding the incurred damage. If the CLIENT does not participate in AMAZON-platform and on the chosen initial contract duration. The the direct debit payment method, the invoice amount must be received compensation is calculated retroactively on a monthly basis based on within seven days after the invoice has been issued to the bank ac- the total number of product items sold by the CLIENT since the last count of LOGICSALE. LOGICSALE is entitled to charge a handling fee billing period (accounting period) through his AMAZON account. The according to the price list in this particular case. In case of payment by CLIENT is obliged to inform LOGICSALE on the total number of sold bank transfer, the invoice number and the account number must be products through AMAZON. This obligation to inform LOGICSALE is stated as reason of payment. A payment with false information is fulfilled by the CLIENT, as stipulated in article 2.4 of these GTC, by considered not received. A fee according to the price list is charged for communicating the login data and password to his AMAZON account to the manual matching between debtor and payment. LOGICSALE and when the CLIENT keeps his login data and password up to date in his personal SOFTWARE account. To calculate the monthly compensation, the SOFTWARE logs into the CLIENT’s account on the date of monthly invoicing and reads the number of product items sold In the event of late payment by the CLIENT, LOGICSALE is entitled to through the AMAZON account by the CLIENT in the accounting period. calculate interest at the rate of 8 percentage points above the As a basis for calculating the monthly commission the CLIENT has to pay LOGICSALE serve all sold products (i.e. all products sold as an- to collect overdue fines according to the price list and nounced by AMAZON to the CLIENT in the "Order Report"), that the to stop all services associated with the SOFTWARE, especially CLIENT has sold via the AMAZON platform through the AMAZON ac- the price optimization, regardless of the form and its pro- count (specifically the account) that has been transmitted to gress, and to withdraw the CLIENT’s access to the SOFTWARE. LOGICSALE in the initial contract setup. This is still applicable, regard- LOGICSALE will inform the CLIENT immediatly about the less of cancellations, refunds and returns. If the CLIENT has several AMAZON accounts, fees and commissions are calculated separately for each AMAZON account and respective SOFTWARE account at Further claims of LOGICSALE, especially the right to immediately LOGICSALE. The compensation is independent of whether and to what terminate the contract and to charge further fees regarding damages, extent the CLIENT actually uses the SOFTWARE. Part of the remunera- tion is the use of the SOFTWARE offered by LOGICSALE as well as the support that is mentioned on the website within the specified service If the CLIENT pays the due amount, the access to the LOGICSALE SOFTWARE will be enabled again no later than within one week day of receipt of payment. LOGICSALE is entitled to request a reasonable The amount of compensation depends on the current price list of deposit by the CLIENT. An amount equal twice the amount by which the LOGICSALE which is published on the www.logicsale.co.uk website. CLIENT was in default is considered appropriate in this case. The The price list is part of the contract between LOGICSALE and the deposit is due seven days after receipt of the relevant notice from LOGICSALE. If the payment is not made in time, LOGICSALE is entitled to block the access of the CLIENT to the SOFTWARE again. LOGICSALE The set-off against a claim of LOGICSALE or enforcement of a lien by is entitled to use the security deposit to cover the costs caused by the the CLIENT is only permitted where the compensation or retention delay that is caused by the CLIENT (e.g. interest, lawyer fees and court underlying the counterclaim is undisputed, legally established and or costs). LOGICSALE will billon the deposit three months after termina- tion of the contract at latest and eventually refund existing credit to the CLIENT. A previous repayment entitlement of the CLIENT does not Infringement of the Obligation to inform LOGICSALE / Revocation of required Information for Billing Purposes Should the CLIENT not fulfill the regulation as stipulated in article 2.4 of these GTC, to provide LOGICSALE with the login data in order to gain If LOGICSALE provides additional services that go beyond the benefits access to his AMAZON account, and can the SOFTWARE therefore not payable under these GTC, LOGICSALE shall be entitled to charge identify the number of items sold, in accordance with Section 6.1 of separate compensation for these services. Unless the parties have these GTC, in the respective billing period the compensation is calcu- agreed otherwise in writing the hourly rate as agreed on in the price lated from the total number of customer reviews that the CLIENT has list shall apply. For these services the provisions of these GTC apply received in the accounting period on the AMAZON platform. The deter- accordingly, unless the parties have agreed otherwise in writing. mined number of reviews is multiplied by a factor of 7 and the price per item as specified in article 6.1.3. In addition a processing fee for the manual determination of the number of ratings including a risk premium deviation (variance surcharge) is charged. The above men- If the CLIENT exchanges the AMAZON account information that is also stored in the LOGICSALE SOFTWARE with another Amazon account, LOGICSALE is entitled to choose freely which Amazon account to use to general terms and conditions of AMAZON and the conditions for partic- calculate the monthly commission. Especially the creation of a new ipation in the AMAZON Marketplace only for the purpose of optimizing Amazon account by the CLIENT which is then used to continue the normal sales and thereby having no more significant sales on the original Amazon account or even shut down is considered as an ex- Certain changes made by AMAZON can make the use of the SOFTWARE technically obsolete or invalid, regardless of the control and the will of LOGICSALE. If such an event occurs, the CLIENT will not have claims against LOGICSALE, as long as LOGICSALE informed the CLIENT imme- diately of the event and its consequences. If the CLIENT paid compen- LOGICSALE sends all invoices by electronic means, i.e. by e-mail, or sation to LOGICSALE for periods after the event, LOGICSALE is obliged allows a download. If the CLIENT requests to receive an invoice by mail, LOGICSALE is entitled to charge handling fees and postage costs according to the price list per invoice. The same applies if the CLIENT LOGICSALE is not liable for the integrity, completeness, accuracy, has agreed to receive invoices by e-mail, but does not have a valid e- precision and update of the information and database that AMAZON mail address or has not deposited one in the SOFTWARE. provides. LOGICSALE has no copyright or other rights regarding the information and data from AMAZON. This information and data are the All prices mentioned above are without value added tax (VAT).
exclusive property of the company AMAZON. The liability of LOGICSALE is excluded, if the CLIENT does not use the SOFTWARE according to the documentation, as explained by and shown on the FAQ pages of the websites of LOGICSALE, or he cannot use the SOFTWARE due to hardware or software failures in the power range of the CLIENT or because of his Internet access that hinders the The SOFTWARE and the content of the website of LOGICSALE are the use or makes it impossible to use the SOFTWARE. exclusive property of LOGICSALE. These GTC do not constitute a transfer of ownership to the CLIENT. The names, marks and logos of LOGICSALE shall not be liable for the suitability of the SOFTWARE for "LOGICSALE" are copyrighted and may not be imitated, reproduced or the needs of the CLIENT. LOGICSALE does not guarantee a certain sales used without the explicit written consent of LOGICSALE. success of the CLIENT and does not assume any responsibility for this. LOGICSALE is entitled to limit or stop the SOFTWARE temporarily or permanently after a timely notification of the CLIENT when necessary, The CLIENT is not permitted to copy the websites of LOGICSALE wholly for reasons of public security, the security of network operations, the or partly, nor does he have the right to sell the use the SOFTWARE as a maintenance of network integrity, interoperability of services, or data whole or in part to a third party or to transfer the SOFTWARE free of protection. Therefore claims of the CLIENT against LOGICSALE because charge. The CLIENT may not modify or reproduce the SOFTWARE of the above mentioned reasons do not arise, if LOGICSALE informed permanently or even temporarily, in whole or in part, regardless of the the CLIENT immediately of the incident and its consequences. If the form in which this happens. The CLIENT may not use or publish the CLIENT paid compensation to LOGICSALE for periods after the event, price and competitive data that is gathered and compiled by the LOGICSALE is obliged to refund these payments. SOFTWARE on other platforms, accounts or websites. The use of data in any form, for any purpose other than the optimization of the sales The CLIENT will be informed ahead of time when operation-related prices of the CLIENT from the SOFTWARE is prohibited without the performance or technically necessary work regarding the SOFTWARE is performed by LOGICSALE, inasmuch as the operation of the SOFTWARE is affected. The maintenance work is performed outside of regular business hours (9 AM till 6 PM), unless the maintenance work is considered as an urgent measure by LOGICSALE. During maintenance work, the prices of the CLIENT are not updated. Claims of the CLIENT The CLIENT is obliged to inform LOGICSALE after detecting any defects due to maintenance work of this kind are excluded, except for the case in the SOFTWARE immediately upon discovery by e-mail and detailed that LOGICSALE did not inform the CLIENT or that the maintenance description of the defect and its effects. work is performed during a wrong time or take longer than technically If the SOFTWARE is faulty, LOGICSALE is entitled and obliged to improve the defects immediately after the occurrence of the defect, if the CLIENT acted and complied in accordance with article 8.1. Uncon- trollable technical conditions that cannot be controlled by LOGICSALE do not count as defects, if they reduce the quality of services and the In the case of force majeure the present GTC and obligations of the parties do not apply. If the SOFTWARE interruption takes longer than 2 months, either party is entitled to terminate the contract without If a correction of the defect(s) fails, despite two subsequent improve- notice. Further claims of the parties do not exist in such a case. ment efforts, the CLIENT can require an appropriate reduction of the fee up to 1 year after the fault occurred. The reduction can be claimed only for the future, a retroactive reduction is not possible. Amendement of General Terms and Conditions LOGICSALE reserves the right to modify these GTC at any time as long LOGICSALE is liable toward the CLIENT for damages, except in case of as a reasonable time of notice of at least four weeks is kept before the breach of contract, only if and to the extent LOGICSALE, his legal change. The announcement of the amended GTC is made by posting a representatives, officers or other agents acted with intent or gross notification on the website www.logicsale.co.uk stating the effective negligence. In the case of breach of contract LOGICSALE is liable for date of publication and by e-mail notification the CLIENT receives. If a any culpable behavior of its legal representatives, officers or other CLIENT does not object the amendments of the new GTC within two weeks of receipt of notification, the amended GTC shall be considered as accepted by the CLIENT. In the announcement of the amendment the 8.5 The liability of LOGICSALE is limited except in cases of gross negli- importance of the two-week period is emphasized. If a CLIENT objects gence or willful misconduct of LOGICSALE, his legal representative, to the changes made to the GTC, LOGICSALE is entitled to terminate the officer or other agents, to the damage amount typically foreseeable at existing contract within one week after receipt of the objection by the the closure of the contract. Liability for indirect damage resulting from CLIENT, effective from the date on which the change in the GTC shall not incurred savings and consequential damages to the CLIENT, in enter into force. The affected CLIENT cannot assert any claims against particular lost profit, does not exist in these cases. All disclaimers and LOGICSALE because of this. If LOGICSALE does not make use of the limitations shall not apply to damages arising from injury to life, body right to terminate the contract with the CLIENT, the contract will be or health, and in the case of mandatory legal regulations. continued on the basis of the GTC which are in effect from the begin- All of the contracts with buyers are concluded directly between the CLIENT and the buyers at AMAZON on the Amazon platform. Conse- quently LOGICSALE is in no way a party of the signed contracts be- tween the buyers and the CLIENT on the AMAZON platform and there- fore does not have any contractual obligations. This applies even if the contracts concluded by the CLIENT and buyers contain prices, the LOGICSALE gathers and stores the CLIENT’s data as well as his person-al information (such as bank account details, IP address, registration number and password of LOGICSALE and AMAZON etc.). The collected Dependence of the SOFTWARE on the Technology of AMAZON personal data is used for administrative purposes within the SOFT- WARE and its optimization. The use is intended for LOGICSALE only. The Software is based on the technology owned by AMAZON. The LOGICSALE reserves the right to provide these data their agents or CLIENT agrees to use the SOFTWARE according to the present GTC, the third parties if such a notice is necessary for contractual compliance with these GTC. LOGICSALE will inform these persons on the confiden-tiality of the information and commit to data privacy in accordance with statutory provisions. A transfer of data to third parties, especially for advertising purposes shall be granted only after the explicit consent of the CLIENT. The CLIENT is entitled to request at any time infor-mation on the stored data and to demand their correction or deletion. If the usability of the SOFTWARE is limited or no longer possible due to this, LOGICSALE is not liable. Data Security LOGICSALE meets all appropriate measures to protect the personal information collected on its website of the CLIENT. This occurs in particular through the use of firewalls and antivirus software, as well as by the use of the SSL security protocol certified by thawte and other protective measures. Cookies For the full and stable operation of the SOFTWARE the CLIENT has to enable cookies. A cookie stores information on the internet use of the CLIENT when accessing LOGICSALE sites (accessed pages, date and time of access, etc.). This information can be read by LOGICSALE at subsequent visits by the CLIENT. The CLIENT may oppose the use of cookies by changing the parameters of his Internet navigator. The CLIENT is informed that, some functions of the SOFTWARE may not be able to function properly when doing so. Rules of Evidence The records and in particular the use of personal identification num-bers and passwords as used by the CLIENT and carried out by the technical equipment of LOGICSALE presume the use by the CLIENT. It’s the CLIENT responsibility to prove otherwise. All technical data relat-ing to the CLIENT, in particular, records and statistics are used by LOGICSALE, kept as evidence and stored. Writing Requirement; Non-Exercise of Rights These GTC govern all obligations of the parties concluded. Other agreements require the written form. This also applies for a waiver of the writing requirement. Should one of the parties not allege failure to perform or improper performance of a contractual obligation, the responsibility of the other party, so this does not mean that the party will not enforce their rights or the fulfillment of the other obligations under this contract. Such late or omission to exercise cannot be under-stood as a waiver of the exercise of that right. For warranty rights of the CLIENT apply article 8. LOGICSALE reserves the right to assign the rights under GTC without notice to any other legal entity. Applicable Law - Courts with Jurisdiction The place of jurisdiction of LOGICSALE is Birmingham, United King-dom. It is only the law of the United Kingdom applicable, except in cases where otherwise agreed. For all legal disputes between the parties, Birmingham is the place of jurisdiction if both parties are merchants, legal persons under public law or public law special funds.

Source: http://www.logicsale.co.uk/downloads/gtc_amazon_uk.pdf

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