General Terms And Conditions Of Use
vemono is an e-commerce platform by vemono GmbH, which enables sellers to create, adapt and run their own online store.
Provider of the products and services offered at vemono.com is the vemono GmbH, Papenstr. 27a, Hamburg.
Minors and individuals, who have no or limited contractual capacity, cannot be sellers at vemono. The vemono products andservices are intended solely and exclusively for companies in the sense of section 14 BGB (German Civil Code)
vemono is an online service that allows the seller to create and operate his own online shop. The shop contains article- and information pages as well as an administation area.
The shop system enables the customers of the seller to pass through an ordering pro-cess and to order a product. The invoices are issued automatically and sent to the cus-tomer via email. Depending on the chosen method of payment, the payment can be processed automatically by the shop system. Information regarding the payment and delivery process can be displayed by the shop system.
The shop system enables the complete hosting of all product data and shop content and provides the shop under a separate web address. Parts of the website are provided SSL-secured.
The available hosting space is limited and can vary depending on the chosen options.
There are various shop layouts with numerous configuration options. These layouts can be individually customized within the possibilities of the configurator.
vemono collaborates with different partners (e.g. for marketing, payment and delivery) for the operation of the shop system . Those partners are linked via interfaces. It may also require additional registrations by the seller to use the services of the respective partners.
In addition to the technical services vemono provides various assistance and guides in the form of images, text and videos.
Subject of Agreement
By completing and submitting the shop registration form at www.vemono.com the sell-er requests the conclusion of a contract with vemono.
vemono is entitled to consider the request for a period of two weeks. If the request is not accepted within two weeks after submission of the registration form the request shall be considered as refused.
Vemono shall not be contractual party to contracts and purchases concluded between the seller and his customers.
Conclusion of the Contract
Personal data are to be indicated completely and correctly during the process of regis-tration at the shop system and need to be updated regularly.
The seller shall ensure that he is reachable via the provided email address. The corre-spondence regarding the contract between vemono and the seller is principally carried out by email.
The seller is solely responsible for the security of his password. vemono shall not be liable for any damages, which are caused by the loss of the password or by choosing an insecure password.
The seller is liable for every action, which is taken under his account.
The seller is liable for all content and information he publishes on his shop, especially for information regarding the products offered by him, and for all data, graphics, photos and links on his shop. The seller may not spread malware via his website. The seller shall be obliged to test and audit his shop and its content in detail before he publishes the shop.
The seller is responsible for the legitimacy of his shop and has to comply with all applica-ble laws. The seller specifically undertakes not to provide any domains or content, which are of an extremist or pornographic kind. It is also prohibited to present and sell content that violates the Youth Protection Act (FSK / USK - 18 offers). This shall also apply if such content is made available through links or other connections to third party sites.
The seller shall idemnify and hold vemono harmless from all claims made against vemono on the grounds of infringement of third party rights caused by the content pro-vided by the seller.
The operation of a shop via the shop system is only allowed to the seller. A transfer of the shop to third parties is not permitted.
General Duties and Obligations of the Seller
When designing the shop the seller can create and publish various content and product descriptions, such as texts, pictures, graphics, videos, and brands or trademarks. This content may be protected by law. The seller is solely responsible for the rights to use such content if necessary. Furthermore, the seller must not integrate or upload any ma-licious code (e.g. viruses, worms , Trojans or adware ) in his shop. This includes any data that threatens the integrity of the system or potentially influences the customers PC.
vemono does not check the content provided and published by the seller.
vemono and their contracted partners are allowed to use all content provided by the seller for the design of and the promotion for the shop system. This includes the presentation on the websites of vemono and the advertisement in various media, e.g. press, broadcasting and telecommunication. This requires the granting of the rights of use by the seller, so that vemono is allowed to display the sellers content on media oth-er than the sellers shop. By publishing content the seller grants vemono a royalty-free, non-exclusive, revocable, unlimited in terms of time and territory, and sublicensable right of use of the content.
The seller agrees not to reproduce, duplicate or copy the system or parts of the system without the explicit permission by vemono.
Assignment of Rights by the Seller
vemono may offer the seller to use third-party services and access third-party content (hereinafter “third-party services”).
vemono has no control or influence on these third-party services.
Due to the fact, that a seller uses third-party services by making use of the respective function in his shop, the seller acknowledges and agrees, that he thereby designates vemono to make the third-party services accessible.
These T&C shall not create any legal relationship between the seller and the providers of third-party services .
Should any costs be incurred in connection to the use of third-party services, these costs have to be borne by the seller.
Any use of these tools is at the sellers own risk. The seller undertakes to ensure, that he agrees and acknowledges the terms, under which the respective third-party service is offered. vemono strongly recommends that seller seeks professional advice before us-ing these tools.
vemono shall not be liable for the use of third-party services by the seller.
vemono is entitled to suspend all shops by sellers, who violate the obligations arising from § 6 or § 9 of these T&C. This suspension also occurs if the payment of the fees stipulated in § 10 fails, a reversal is made or a false statement, especially regarding the personal data and payment data (credit card information and bank account data), is rec-ognized. The suspension is effected by inserting a page which prevents further selling through the shop.
Should any of the published content of the seller violate the law or third-party rights, vemono shall be authorized to remove the respective content without prior warning.
In case of misuse of an account, vemono is entitled to return the access to the respec-tive account to its legitimate owner. If the legitimate owner cannot be identified clearly, vemono is entitled to suspend the account until the legitimate owner is clearly identi-fied.
vemono shall be authorized to provide third-parties, especially competing sellers, with online shops and further services. This applies for employees and contract partners of vemono as well.
Grant of Rights by vemono
The registration and installation as well as the operation of the online shop are free of charge. The seller is only charged a sales commission. The amount and conditions of this sales commission follow the current price list: http://vemono.com/pricing
By choosing extra services additional costs can occur.
Extra services with costs can be activated via the admin panel of the shop. The contrac-tual details and the prices of the additional services are outlined in the respective de-scription of the services on http://vemono.com/pricing.
vemono collaborates with different partners (e.g. for marketing, payment and delivery), who provide their services through the administration panel. If applicable the use of such services is subject to additional contracts between the seller and the partner and additional costs.
In deviation from the rates described in the price list, individual rates can be agreed on.
If applicable the payment of the comission and fees stipulated in this § 10 is charged via the third-party providers Paypal, Paymill or Stripe. The seller authorizes vemono, Paypal, Paymill and Stripe to collect all incurred comissions and fees from his bank account or credit card. In the case of failed debits and reversals in responsibility of the seller, vemono reserves the right to suspend the respective shop and to charge an additional handling fee per failed debit or reversal. In the case of cancellation or reversal by the seller or in the case of a failed debit (e.g. caused by insufficient funds or incorrect bank account data) vemono is entitled to directly invoice the complete fees for the remaining term of the contract. For announcements by the SEPA direct debit scheme a shortened time limit of one calendar day applies. The seller is obligated to maintain the authoriza-tion to withdraw any arising fees (via direct debit or credit card) for the full duration of the contract.
Invoices shall be issued electronically in PDF format and are sent to the seller via email to the email address provided by the seller (see § 3.1). A physical delivery of invoices can be issued on request and against a handling fee per invoice.
Should the seller be in default with a payment due vemono reserves the right to issue a reminder for payment and to invoice additional dunning costs.
Comission and Fees
Export Control Regulations
The seller is obliged to comply with the applicable import and export regulations for services or deliveries, especially those of the US. In the event of cross-border deliveries or services the seller shall bear any customs duties, fees and other payments. The seller shall be responsible for all legal or official procedures in connection with cross-border deliveries or services, unless otherwise expressly agreed.
vemono guarantees for 99 % availability of the shop described in § 1 per subscription year.
vemono provides the seller with the shop described in § 1 during the following specified runtime of the system, excluding the scheduled downtimes pursuant to § 13. The runtime of the system is 24 hours / day and 365 days / year. The runtime of the system consists of the available usage time and the downtime. The available usage time con-tains those times, during which the functions of the system are usable. The available us-age time also includes the following periods of
- disturbances due to the condition of the infrastructure, which is not provided by vemono or one of its vicarious agents;
- disturbances or any other occurrences that are not caused by vemono or one of its vicarious agents;
- minor reductions in suitability for the use in accordance with the T&C
Outside the designated periods in § 12.2 vemono is entitled to maintain the software and hardware and perform backups, when it has been agreed with the seller in the form of text. The seller shall not refuse the agreement for good reasons unreasonably.
If and to the extent that the seller can operate his shop during the planed down time, there is no legal claim for this. If the planed down time results in a performance reduc-tion or cessation of service, there is no entitlement to warranty or compensation for the seller.
Planned Down Time
vemono is a technical service provider, which provides the infrastructure for the opera-tion of the seller's shop system. vemono does not take responsibility for the content of the shops, especially not for the compliance with legal provisions.
vemono accepts no warranty or liability for the products offered by the sellers on the platform.
vemono is liable without limitation for damages concerning life, body and health caused by
- an intentional or negligent breach of duty and accordingly an intentional or negli-gent behaviour of the provider, his agents or vicarious agents,
- for the lack of warranted characteristics or
- for an intentional or grossly negligent breach of duty and accordingly an intentional or grossly negligent behaviour of the provider, his agents or vicarious agents.
The contract is of indefinite duration.
The contract may be terminated by either party at any time without giving any reason, subject to a notice period of four weeks. The notice of cancellation can be given in writ-ing or by email to the address provided at the imprint of vemono's website. Additionally the contract can be terminated via the administration panel of the sellers shop. vemono may terminate the contract by means of letter or email to the address provided by the seller.
The conditions for additional services for purchase and individual tariffs may differ. The terms of the contract for those services are to be found under http://vemono.com/pricing.
The right to immediate termination for good cause remains unaffected. Good cause shall be deemed to exist, in particular, when
Period of Validity and Termination
- vemono ceases its activity;
- A seller violated his contractual obligations (see § 6 or § 7 of this T&C);
- a fundamental change in the legal or technical standard, that makes it impossible for vemono to continue its service;
- bankruptcy proceedings against the property of one of the contracting parties are initiated
The seller thereby consents, to be informed about changes of the T&C via email to the last-known email address. The amended conditions are considered to be accepted, if the seller does not object in writing or by email within one month after receiving the no-tification.
Within the notification of a change of the T&C, vemono shall indicate the possibility of objection, the time limit and the consequences of such objection.
Changes of these T&C
The law of the Federal Republic of Germany applies to all legal relations be-tween vemono and the seller.
The exclusive place of venue for all disputes resulting directly or indirectly from the con-tractual relationship is Hamburg.
Applicable law and Jurisdiction
If a provision of this T&C is or becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of this T&C.
If stipulations have not become part of the contract or are ineffective, the content of the contract shall be determined in accordance with the statutory provisions
As of: 20. October 2014