The purpose of this document is to set out the general terms and conditions of use (the "General T&C") under which "Shopinshop Intermediación, S.L." provides access to the website www.shopinshop.site ("the Site") and to the services offered by a digital platform for facilitating transactions between establishments and brands ("the Service" and "the Platform"), especially in the fashion and accessories industries.
Anyone may visit the Site freely and with no obligation. However, in order to use the Service you must complete the registration form posted on the Site and, if you represent a brand, pay the corresponding fees.
2. Registered Ownership of the Site and Service
The registered owner of the Site and Service is "Shopinshop Intermediación, S.L." (hereafter SHOPINSHOP), a Spanish company with registered office at Avenida San Francisco Javier 9, Edificio Sevilla II, Planta 11, Módulo 23, Seville, Spain, email address email@example.com and tax code B-90276396, entered in the Companies Register of Seville in Volume 6244, Folio 175, Page SE-110.821.
3. Shopinshop Users
You automatically become a user ("Shopinshop User") when you visit the Site or use the Service.
SHOPINSHOP reserves the right to refuse admission to potential Shopinshop Users based on any objective criteria it deems convenient (product quality, nature of the shop or brand, etc.).
SHOPINSHOP reserves the right to refuse the Service, whether temporarily or indefinitely, to any Shopinshop User who does not abide by the General T&C, the law or standards of public decency. At its sole discretion, SHOPINSHOP may also exclude Shopinshop Users and even cease to provide the Service, in part or in whole, if and when it deems this necessary to improve the functionality of the Site or Service, notifying all affected Shopinshop Users of this decision in advance.
Additionally, in order to use the Service you must accept the General T&C in the manner indicated on the Site, where, as a Shopinshop User, you will be asked to confirm that:
Entering the Site and using the Service implies full acceptance of the latest version of these General T&C and of any Specific T&C that may apply to certain Shopinshop Users depending on their profile (shop or brand). If you do not agree with any part of the General T&C, you must refrain from installing and using the Platform or requesting the Service.
SHOPINSHOP reserves the right to modify the Site or the General T&C in order to align them with applicable legislation, regulatory novelties and standard market practices, or for the purpose of improving the Service. Consequently, there may be a different version of the T&C posted on www.shopinshop.site each time you access the Platform or use the Service. As modifications apply from the moment of publication, it is your responsibility to review the General T&C each time you access the Service, without prejudice to the notices and information that SHOPINSHOP may post or send.
By accepting the General T&C, you consent to having your details entered in the SHOPINSHOP database, which will be handled as described below in Clause 11.
5. Shopinshop User Registration and Profile
To access the Platform, you must first complete a basic registration form, providing your full name, the trade name of your brand or shop, your email address and a password.
It is your responsibility to keep your password confidential and secure, and you will be liable for any damages incurred as a result of its misuse, conveyance, disclosure or loss. You must notify SHOPINSHOP immediately if you have reason to believe that your password has been or may be used by an unauthorised third party. In any event, when your password is used to access private areas and/or use the Service, SHOPINSHOP will assume that these actions are performed by you, and you will be held responsible for the consequences of said access and usage.
In order to use the Service you must complete the registration process by filling out the form provided by SHOPINSHOP to create your profile ("the Profile"), which will show basic details of your shop or brand, a description of the shop or product, the location and size of the shop, the target market and any other information about the shop or brand that SHOPINSHOP may require.
SHOPINSHOP will periodically review the content of each Profile for quality control purposes, verifying and confirming compliance with the General T&C.
SHOPINSHOP reserves the right, which may be exercised at any time and at its sole discretion, to:
All information entered in the Profile must be accurate, current and truthful.
When you post a Profile, you:
When you decide to post a Profile, you must observe the rules on use of the Service set out below in Clause 6 as well as the standards of professional courtesy and respect.
6. Service Rules of Use
As a Shopinshop User, you accept your obligation to use the Service in accordance with the law, generally accepted standards of public order and decency, and these General T&C. You also agree to make proper use of the Site and Service and to refrain from using it for activities which are unlawful or criminal, infringe third-party rights or contravene any applicable legislation. In this regard, you specifically warrant that you will not transmit, post, publicise or share any kind of information or material (products, objects, data, content, messages, illustrations, audio or video files, software, etc.) that is contrary to the law, generally accepted standards of public order and decency, or these General T&C.
Users are prohibited from posting patently inadequate, unintelligible or useless Profiles that make it impossible to determine the type of product or shop being advertised or the characteristics of the same.
By agreeing to these T&C, you warrant that you are the legitimate owner, agent or representative with the authority to market and distribute the product or shop advertised on SHOPINSHOP.
SHOPINSHOP is not responsible for opinions or comments posted on the Site by Shopinshop Users.
You agree to hold SHOPINSHOP harmless from any potential claims, fines, penalties or sanctions imposed as a consequence of your failure to comply with any of the rules set out above; moreover, SHOPINSHOP reserves the right to seek compensation for any damages incurred in this respect.
7. Intermediary Role of SHOPINSHOP
SHOPINSHOP offers an online platform that facilitates the exchange of business offers and information between product buyers and sellers as well as transactions between the same. However, SHOPINSHOP plays a strictly intermediary role and does not participate in said transactions as either a buyer or a seller.
SHOPINSHOP may, at its sole discretion, review the messages exchanged by Shopinshop users for the following purposes:
Consequently, any contract arising from the sale of a product is the sole concern of the buyer and seller. SHOPINSHOP is not a party to that contract; it accepts no liability deriving from it and does not act on behalf of either the buyer or the seller, and therefore assumes no responsibility for the successful conclusion of the sales transaction.
SHOPINSHOP does not represent or have any kind of business relationship with the brands of Shopinshop Users other than in its capacity as an intermediary.
By accepting the General T&C, you agree to respect the intermediation activities conducted by SHOPINSHOP at all times, pay the fees and commissions owed in this respect, and assume your obligation to:
The Specific Terms and Conditions governing use of the SHOPINSHOP Service are detailed in Clause 12 ff.
Given the intermediary role of SHOPINSHOP, in no case may a Shopinshop User be considered a consumer and end user.
SHOPINSHOP will be entitled to remuneration for the aforementioned Service (putting brands and shops in contact with each other via the app, providing expert advice and assistance on transactions, using tools to track offers and transactions, and all others described in the service packages listed in Clause 12 of this document).
SHOPINSHOP accepts no liability whatsoever for any damages or losses that may be caused by factors including but not limited to erroneous or omitted content, unavailability of the Site or access to the same, or the transmission of viruses, malware or harmful software.
Any claims or disputes arising between Shopinshop Users must be settled by the concerned parties, which hereby pledge to hold SHOPINSHOP entirely harmless. Notwithstanding the foregoing, SHOPINSHOP will make every effort to help its Users find a swift and satisfactory solution.
9. Linked Content and Services
The Service may include linking mechanisms, directories and even search tools that provide access to other web pages and sites ("Linked Sites").
If you choose to access Linked Sites, you do so at your own risk and acknowledge that SHOPINSHOP has no liability for any infringement of intellectual or industrial property rights of the Linked Sites' owners. Additionally, you acknowledge that SHOPINSHOP cannot be held responsible for the technical availability of linked web pages or for the quality, reliability, accuracy and/or veracity of the services, information, elements and/or content you may find there. In any event, Shopinshop will periodically review the Linked Sites on its platform to verify their suitability and veracity.
If you believe that there is a Linked Site with unlawful or inappropriate content, you will notify SHOPINSHOP immediately.
Under no circumstances does the existence of Linked Sites imply that SHOPINSHOP has entered into an agreement with the owners or managers of those sites, or that SHOPINSHOP recommends, endorses or agrees with the statements, content or services they offer. SHOPINSHOP does not know the content and services of its Linked Sites and therefore accepts no direct or indirect responsibility for damages caused by unlawful, inferior, outdated, unavailable, erroneous or useless content and/or services offered by Linked Sites or any other damages not directly attributable to SHOPINSHOP.
10. Intellectual and Industrial Property
SHOPINSHOP owns all intellectual and industrial property rights on the Site and all elements contained therein. Use of the Service does not give you any intellectual or industrial property rights or licences on said elements, and you expressly undertake to respect the rights of SHOPINSHOP.
Service content includes but is not limited to texts, photographs, graphics, images, icons, technology, Profiles, software, databases and any other audio or audiovisual content, as well as the graphic design and source codes used in the Service.
These elements may not be validly and legitimately copied or distributed for commercial use, modified or posted on other websites by third parties without the prior written permission of SHOPINSHOP.
You warrant that you hold the exclusive rights to all elements which you choose to submit to the Service ("Shopinshop User Content").
You hereby assign to SHOPINSHOP an exclusive, royalty-free, worldwide licence to publicly communicate, copy, distribute and modify your Shopinshop User Content by any and all means in existence on the date of acceptance of these General T&C, for as long as the licensed property rights have not lapsed.
11. Data Protection
In compliance with the provisions of Organic Law 15/1999 of 13 December on personal data protection ("LOPD"), "Shopinshop Intermediación, S.L.", with registered office at Avenida San Francisco Javier, 9, Edificio Sevilla II, Planta 11, Módulo 23, Seville, Spain, and tax code B-90276396, entered in the Companies Register of Seville in Volume 6244, Folio 175, Page SE-110.821, hereby informs you that the personal data you provide via the Site, including your IP address, will be entered and processed in databases owned by SHOPINSHOP in order to provide the services you request and send you commercial information, by electronic and other means, on the novelties, products and services of SHOPINSHOP and its group companies in the same line of business.
If you do not wish to receive this kind of information, you can write to firstname.lastname@example.org at any time and ask to be removed from the mailing list.
You may exercise your right to access, correct, delete or object to the personal data in our possession, as guaranteed in the LOPD, by writing to the registered office of SHOPINSHOP at the address specified above or by sending an email to email@example.com. In both cases, you must enclose or attach a copy of your government-issue ID, corporate tax code, passport or other valid proof of identity.
In cases where, in the course of its dealings with you, SHOPINSHOP is given access to personal data on third parties related to the Service, such as customer names, to be processed on the Site, SHOPINSHOP will act in your name and comply with the stipulations of LOPD Article 12:
SHOPINSHOP is an intermediation company and a digital platform that offers tools and services to facilitate direct and consignment sales transactions between shops and brands, such as initial assessment, Profile quality control, and negotiation of mutually satisfactory and binding terms and conditions between the parties. Given the intermediary role of SHOPINSHOP, the contractual relationship is always established directly between the shop and the brand, which are solely responsible for shipments, payments, returns, order accuracy and suitability, product quality, etc.
SHOPINSHOP will only be accountable to you for the services it actually renders, and its liability is limited to, at most, the amounts paid by you directly to SHOPINSHOP. In no case will SHOPINSHOP accept any liability for indirect damages or lost profits.
12.1. Registration on the Shopinshop website
In order to participate in Shopinshop, shops must register in the manner described above. Registering with the platform is free for shops.
Brands that wish to participate in Shopinshop must pay a monthly fee which will vary depending on the service package they choose. Payment of this fee entitles them to receive all of the information and benefits included in the existing service packages, as described below:
Online product showcase for industry professionals
Regular updates mailed to shops
Personalised service for brands
50 contacts per month with stores
Access to database of Spanish shops
Starter Package +
Account manager assigned to the brand
75 contacts per month with stores
Access to database of Spanish and international shops (2 countries maximum)
Silver Package +
Products uploaded by the Shopinshop team
High-visibility placement for brand and product showcase
150 contacts per month with stores
Access to database of shops in all countries
Depending on its interests and needs, Shopinshop may offer one, two or all three packages in every country where its services are provided.
Once payment is made, the funds cannot be reimbursed.
Shopinshop users may conduct sales transactions using the tools provided by Shopinshop or through other channels. If a transaction is completed using the Shopinshop tool, the brand will be charged a 3% commission on direct and consignment sales.
12.2. Consignment sales
Brands and shops can decide whether they want to complete transactions using the Shopinshop app or their own tools and systems. If transactions are conducted on the Platform, consignment sales will be governed by the following terms and conditions, which must also be accepted when requesting each Service:
Sales agreements must always be confirmed via the Platform so that there is a written record of the mutual acceptance by both brand and shop of the terms and conditions, as well as to ensure the traceability of transactions.
12.3. Direct sales
Brands and shops can decide whether they want to complete transactions using the Shopinshop app or their own tools and systems. If transactions are conducted on the Platform, direct sales will be governed by the following terms and conditions, which must also be accepted when requesting each Service:
13. Common Considerations
If any clause in these General T&C is declared unenforceable or invalid, in part or in whole, this will only affect the clause or part of the clause deemed unenforceable or invalid, not the validity of the remainder of the General T&C, and the partial or total clause deemed unenforceable or invalid will simply be omitted.
13.2. Governing Law and Jurisdiction
These General T&C will be governed by and interpreted according to the laws of Spain. In the event of any legal dispute with SHOPINSHOP, you, the Shopinshop User, agree to submit to the authority and jurisdiction of the courts of the city of Seville.
If there is any conflict or discrepancy between the original Terms and Conditions in Spanish and translations into other languages, the Spanish version will prevail.
13.3. Contact details
To clarify on any matter regarding the General or Specific Terms and Conditions of Use, please contact Shopinshop User Service at firstname.lastname@example.org.
© July 2017. Shopinshop.site