Terms & Conditions of Ecommerce Operations
TERMS AND CONDITIONS
These are our General Terms and Conditions. These General Terms and Conditions apply to all our products and websites, the EcommerceWiki, Safe
Article 1: Identity of the trader
The name of the trader is
We offer different services which are as follow: Research: with our monthly
Website: the Websites of
Client: the natural person or corporation who enters into an agreement with
Agreement: any arrangement or agreement between
General Terms and Conditions: the General Terms and Conditions to be applied to all the services and products the
2.5 Specific Terms and Conditions: those specific Terms and Conditions to be applied exclusively for one of the products or services
2.6 Services: all the services provided on any of our websites which include, the
3.2 The specific terms and conditions apply specifically to the offer, agreement
3.3 Deviations from these Terms and Conditions is possible only by means of written confirmation by
3.4 Any written contract/agreement between
Article 4. Specific Terms and Conditions of
Article 4.1 Definitions
4.1.1 Application Form: the form on the website of Safe.Shop or one of its Trust Partners which a Merchant may submit to apply for Certification.
4.1.2 Certification: the (annual) process of certifying a Merchant’s compliance with the applicable requirements, depending on the Level of Certification applied for.
4.1.3 Certification Fee: the (annual) fee which a Merchant is required to pay for (annual) Certification, corresponding with the Level of Certification applied for by the Merchant.
4.1.4 Certifying Trust Partner: our
4.1.5 Reseller Partner:
4.1.5 Code of Conduct: the Global
4.1.6 Merchant: any online business eligible to apply for Certification.
4.1.7 Trustmark: the mark or logo provided by Safe
4.1.8 Trust Partner: another company that promotes and/or sells the Safe
4.1.9 Yearly payment: amount owed to Safe.Shop on a yearly base
4.1.10 Badge: additional services that can be added to the Trustmark Membership.
4.1.11 National Law Badge: certification done by any of the Certification Partners or Safe.Shop, that establishes the compliance with certain national regulations by any of the Merchants.
4.1.13 Users: any person/ customer that leaves a review using our review system
4.2 Usage of the Trustmark
4.2.1 There are four membership models in order to obtain the Trustmark: Freemium, Silver, Gold
4.2.3 In the paid versions (Silver, Gold
In the ‘Freemium’ version of the Safe
4.2.5 There are additional badges that the Merchant can purchase to obtain more legal certainty and or security. These badges will be delivered by Safe
4.2.6 For the National Law badge third parties will be involved, being these
4.2.7 Reseller Partners and Certification Partners are bound by these terms and conditions
4.3 For Merchants
4.3.1 The amount of Merchant’s yearly payment obligation is based on Merchant’s Application Form.
4.3.2 Safe.Shop or any of its approved Reseller Partners will invoice the Merchant for the yearly amount. Monthly payments will not be accepted. Merchant agrees to electronic invoicing.
4.3.3 Invoiced amounts are due and payable within fourteen (14) days after the invoice date. If Merchant fails to pay an invoice in full within the payment term, then upon expiry of this term the Merchant is automatically in default with respect to the due amount, without any notice of default being required. If payment is not made in full within the payment term, Merchant will be liable to pay interest at the statutory interest rate on the outstanding sum as from the first day after the final date for payment, plus a sum of twelve euros and fifty cents (€12.50) administration fees, without the any notice of default being required. In such a case the Merchant will also be liable to pay for all judicial and extrajudicial (collection) costs actually incurred by Safe.Shop, including, but not limited to, the fees of attorneys, bailiffs and debt collection agencies.
4.3.4 The claim for payment becomes immediately enforceable if the Merchant is declared insolvent, applies for a moratorium, or any attachment is secured upon its property, or dies, becomes bankrupt or its business is wound up.
4.3.5 All prices quoted by Safe.Shop on the website are in euros and exclusive VAT unless explicitly specified otherwise.
4.3.6 On request of Safe.Shop, Merchant shall enable Safe.Shop to determine whether the information provided by Merchant is (still) accurate, e.g. by providing supporting information, or granting the required permission, authorization or proxy to obtain or verify this information from the authorities or another third party.
4.2.7 Upon Merchant’s receipt of notice by or on behalf of Safe.Shop that Merchant has successfully completed the Certification, Merchant shall integrate the Trust Mark on its website in accordance with instructions provided by or on behalf of Safe.Shop.
4.2.8 Merchant is at all times solely responsible for compliance with the requirements of the applicable Level of Certification. Safe.Shop has the right to remove the Trust Mark from the Merchant’s website, or adjust the Level of Certification, at any time, without any warning and with immediate effect when:
· Merchant does not fully comply with the requirements for the Level of Certification corresponding with the Trust Mark;
· Safe.Shop terminates the contract with a legitimate reason
· Merchant is in default on a payment obligation
4.5 Exclusion catalogue:
This exclusion catalogue collect all the types of Merchants that will be excluded from the possibility of adopting our Trustmark on their site.
2. Problematic erotic products: Media, diagrams and other content are problematic when considered by the average observer to be pornographic or obscene. Dating sites.
3. Products relating to National Socialism, racism or xenophobia, including where these are not illegal.
4. Websites that sell/ promote activities that (often) lead to fraudulent activities.
5. Cryptocurrency trade websites, investment services and financial services.
6. Products that pose a health risk. Psychoactive substances that are offered for the purpose of consumption for intoxication are considered problematic.
4.6 Use of the Review system:
4.6.1 To the fullest extent permitted by law, the rights (including all intellectual property rights) in any material, information, notifications, reviews, articles or other types of communication (hereinafter referred as “content”) created on the Website by the Users are owned by the Users. We may however freely use and transfer the content. Our non-exclusive access to freely use the content applies irrevocably without any time limitation and without territorial limitations.
4.6.2 Users are liable for the content they publish on the Website using our Review System.
4.6.3 Users warrant that all content posted on the Website using our Review System is correct and true (where they state facts) or genuinely held (where they state opinions).
4.6.4 The published content must relate to a company or an organisation from which the User has purchased or can otherwise document using the company's or organisation's products or services.
4.6.5 You may not publish any content regarding companies to which you have personal or professional relations.
4.6.6 Your Submission will be made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission. Your Submission will also be made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your Submission used for Safe.Shop promotional purposes.
4.6.7 Users must not publish any content on the website which:
· is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane,
· is of a marketing nature or marketing purposes,
· has sexist, political or racial character,
· violates other people's rights, including any intellectual property rights,
· is offensive or in any way breaches any applicable local, national or international law or regulation,
· violates these User Terms, including the User Guidelines,
· has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes),
· is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
Any comment that violates any of the above, will be either modified or deleted manually.
4.6.8 User contributors of
4.6.9 The User hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the User's content.
4.6.10 The User must guarantee to indemnify us for any claims which may be made against us as a consequence of the User's violation of the User Terms or current legislation. The User must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the content of the User.
4.6.11 We may at any time request information about the content from the User, including documentation supporting the information included in the content. The User must e.g. document that the Content is based on an actual buying experience in an actual customer
4.7 Duration and termination with the Agreement between Safe.Shop and Merchant
4.7.1 The agreement between Safe
4.7.2 From the moment this subscription is concluded it remains in force for the remainder of the same calendar year. After this period, the Agreement is automatically renewed with successive terms of one (1) year, unless either party provides notice of termination to the other party at least one (1) month before the renewal date.
Article 5. Specific Terms and Conditions of
5.1 The result of the generators depends on the answers you have filled in, therefore we advise to carefully go through the questions from the generator. You are responsible for determining whether the relevant document or advice fits your situation.
5.2 When you place an order, you enter into an agreement with Ecommerce Operations B.V and
5.3 The documents are based
You can access a "document folder" via our platform. This is an overview of your generated documents and advice, including the results of the advisory wizard. The document folder is protected against unauthorized persons by means of the user name and password. You must keep the password strictly confidential. Ecommerce Operations B.V assumes that everything that happens from your user account after registration with your username and password, is done under your supervision.
5.4 Our Trust Partners are the ones who create the template documents for . Our Trust Partners are all law firms that have been carefully selected and which will provide their maximum effort s to keep all the legal documents up-to-date.
5.5 We have a 100% satisfaction guarantee. If you are not satisfied with the document or advice, you have the option to request a refund within 30 days after placing your order. You must
5.6 If Ecommerce Operations B.V or one of its Trust Partners at your request (which you can indicate during the ordering process) perform additional work, this will be done at the rate stated in the offer. For example, it is possible to have the document or advice generated by you checked by a lawyer. It is also possible to make an additional work request. An additional work request always runs through the Trust Partner of the relevant document or advice. You will then also enter into a separate agreement with the Trust Partner. In this case, the general terms and conditions of the relevant knowledge partner also apply. You can not appeal to Ecommerce Operations B.V for the results of the additional work request. Of
5.7 Payment can be made via the payment methods that are displayed during the ordering process.
You agree with electronic invoicing. The invoice will be made available in PDF and sent to you by e-mail.
Article 7. Specific Terms and Conditions of
7.1.1 Curator: curators will be
7.1.2 Reports: the country Ecommerce reports created by the Ecommerce Foundation, or other Ecommerce
7.1.3 Courses: Ecommerce courses created by the Ecommerce Foundation which explain from the basics of Ecommerce to more expert Ecommerce topics.
7.1.3 Content: reports, articles
7.1.4 Services: download our reports, articles or courses or add events.
Article 7.2 Registration process
7.2.1. To use our services, you first need to register. You must not provide any false or inaccurate information whether during the registration process or otherwise. After completing registration thanks to the email sent to your email address, you can directly log into your account and use the service.
7.2.2 You must secure access to your account using the username and password against third parties. In
7.2.3 Registration is an indispensable requisite in order to download our reports, articles or courses or add events.
7.2.4 If you agreed during the registration process,
7.2.5 In order to provide you with the possibility to download any of our contact
7.3.1 It is not permitted to use the Services for any purpose that violates Dutch or other applicable law or regulation. This includes the storage or transmission of data using the Services that is slanderous, libelous or racist, or to publish information that is n.ot based on truth. Negative publications are permitted but only if supported by factual evidence.
7.3.2 In addition, it is forbidden to
• use indecent language;
• publish information where it is unwanted (off topic);
• publish information that is pornographic or erotic (even if legal under applicable law);
• assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that
• violate the privacy of third parties, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications; and to do anything that violates the applicable web etiquette.
7.3.4 If you fail to comply with the obligations set out in these Terms and Conditions, or otherwise act in a way which
7.3.5 If in the opinion of
7.3.9 For the avoidance of doubt, the
Article 7.4. Availability and maintenance
7.4.1 Ecommerce Wiki makes no promises regarding
7.4.2 Ecommerce Wiki actively maintains the Services. Maintenance can take place at any time, even if this may negatively impact the availability of the Services. Maintenance is announced in advance whenever possible.
7.4.3 Ecommerce Wiki may from time to time adapt the Services. Your feedback and suggestions are welcome but ultimately Ecommerce Wiki decides what adaptations to carry out (or not).
7.4.4 Ecommerce Wiki has the right to seize a Service without prior notification. In the Ecommerce Wiki terminates a Service, you agree that Ecommerce Wiki is under no obligation to offer a refund or any other type of compensation.
Article 8. Specific Terms and Conditions of
8.1.1 Ecommerce Reports: reports made by the Ecommerce Foundation which study and
8.1.2 Content: research data, reports, investigation results made publish by the Ecommerce Foundation.
8.1.3 Light version of the report:
8.1.4 Full version of the report:
8.1.5 C-Levels: CEO, COO, CFO, CMO, CIO, CSO, CCO, CDO
8.1.1 The Ecommerce Foundation makes
8.1.2 The reports are available for download via our Ecommerce Wiki website for the light version of the report, and via the Ecommerce Foundation website for the full version.
8.1.1 Use and ownership of the reports
Subject to compliance with these Website General and Ecommerce Foundations ‘specific Terms and Conditions, permission is granted to download and use the materials (information or software) available on the Ecommerce Wiki website or the Ecommerce Foundation website. The permission to use the materials is by the grant of a
· modify the materials;
· remove any copyright notice or other ownership notations from the materials
· attempt to decompile or reverse engineer any software contained on the Ecommerce Wiki or Ecommerce Foundation websites; or
transfer the materials to another person, company or
Ecommerce Foundation publishes own Content, such as reports, research (data) or investigation results. Ecommerce Foundation makes a reasonable effort to constitute the Content but cannot guarantee that the Content is used for the purpose as referred to.
Ecommerce Foundation will use content and information from third parties. This content and information will be published with their consent and if possible with reference of the source.
8.2.1 We work together with sponsors for our ecommerce reports. These sponsors are carefully selected by our sales team. The general conditions of our relationship with every sponsor will be covered by bilateral contracts. The applicability of these terms and conditions are subject to the contracts which will prevail in case of contradiction with the terms and conditions.
8.2.2 Sponsors are not allowed to distribute or use our reports in a different way than the one established in the bilateral contract.
8.2.3 Sponsors must treat the data we provide them in a legitimate way and that is compliant with the European Regulation on Data Protection or any other Data Regulations depending on the country they are based on.
8.2.4 Invoiced amounts shall be due and payable within 30 days of receipt of invoice. Ecommerce Operations B.V shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment
8.3.1.Dinners: we organize different dinners throughout the year for C-level participants.
In order to attend
Attendance to the dinner can be
8.3.2 Study trips: we organize study trips aimed at c-levels to different locations throughout the year.
Every study trip has
The cancellation conditions of GI Travel / ANVR are applicable to the trips.
Full refund of cancellation is only available with previous notice of 2 months before departure.
9.1 Limited W arranties
9.1.1 We do not warrant or represent:
· the completeness or accuracy of the information published on our website;
· that the material on the website is up to date; or
· that the website or any service on the website will remain available.
9.1.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
9.1.3 To the maximum extent permitted by applicable law and article 9 of these terms and conditions, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
9.2. Limitation of liability
9.2.1 The materials on the Ecommerce Wikiand Ecommerce Foundation Website are provided “as is”. Ecommerce Operations B.Vmakes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or suitability for a particular purpose. Further, the Ecommerce Operations B.Vdoes not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on Ecommerce Operations B.V’s Website otherwise relating to such materials or on any websites linked to this Website. The materials are intended for information only and are not intended by themselves to be relied on when making operational or business decisions.
9.2.2Ecommerce Operations B.V is in no event liable for any damages whatsoever that hold connection or are related to the Content and/or Reports published by Ecommerce Operations B.V or users on the Services. Users of the Services indemnify Ecommerce Operations B.V against all claims by third parties.
9.2.3 Damages may only be claimed if reported in writing to Ecommerce Operations B.V at most two months after discovery.
9.3.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.2.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.2.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.2.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.2.8 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER ECOMMERCE OPERATIONS B.V, NOR ANY OF THE DIRECTORS, EMPLOYEES, TRUST PARTNERS, LICENSORS, CUSTOMERS, AGENTS OR REPRESENTATIVES OF ECOMMERCE OPERATIONS B.V OR ANY OF ITS AFFILIATES, SHALL HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF ANY OF OUR SERVICES* (INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE AND/OR SOFTWARE), AND THE ENTIRE COST AND RISK OF YOUR USE OF THE SERVICE AND/OR INABILITY TO USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR REAL OR PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, YOU COMPUTER HARDWARE AND/OR SOFTWARE) RESIDES SOLELY AND EXCLUSIVELY WITH YOU.)
Article 10. Copyright and Intellectual property provisions
10.1 The content available for downloading is copyrighted. The copyright on any of our products belongs to Ecommerce Operations B.V. Any total or partial reproduction and/or representation of any of this content shall subject the Customer to legal proceedings in accordance with the current provisions laid out in the Dutch Copyright Act (2015).
10.2 The Services, the accompanying software, trademarks, trade names (whether registered or unregistered), proprietary rights in domain names, knowhow, confidential information and Content as mentioned in Article 2.8, as well as all information and images on the website are the intellectual property of Ecommerce Operations B.V. None of these items may be copied or used without prior written permission of Ecommerce Operations B.V, except and to the extent permitted by mandatory law.
10.3 All submissions, ideas, remarks or other information you store or process using the Services is and remains your property (or the property of your suppliers or licensors). Ecommerce Operations B.V receives an unlimited license for use of this information for other services of Ecommerce Operations B.V.
10.4 The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of your use of the Services.
10.5 You represent and warrant that all submissions, ideas, remarks and other information you submit by using the Services are current, accurate and true. You alone are responsible for the accuracy and truthfulness of all submissions, ideas, remarks and other information you submit by using the Services. You shall indemnify and hold harmless
10.6 If you send information to
10.7 In case
10.8 Information (Content) you store or process (publish Content on the EcommerceWiki or in reports) using the Service is and remains your property (or the property of your suppliers or licensors).
10.9 The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it,
10.10 Content you download or copy (such as reports) may only be used for private use.
Article. 11 Amendment
11.2 If a client or merchant objects to any amendment, the parties will enter into consultation with each other. If client/ merchant chooses not to accept the changes or additions, it may terminate the Agreement until the moment the changes and/or additions take effect. Termination will never result in any repayment obligation for
Article 12. Use of personal data
We take all
Article 13. Interpretation of the agreement
13.1 Dutch Law applies to this agreement.
13.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with the Services shall be brought before the competent Dutch court for the principal place of business of
13.3 The version of any communication of information as recorded by
13.4 In case any part of these Terms and Conditions is declared legally invalid, this shall not affect the validity of the whole of the agreement. In such an event, the parties shall agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.