General Terms and Conditions

Introduction

The general terms of use of the Shopamine service, together with all accepted changes, as well as other operating rules and policies of the company APPOTEKA, razvoj spletnih aplikacij, d.o.o., Kamniška ulica 41, 1000 Ljubljana, govern use and access to the website https://www.shopamine.com, and to all related domains and sub-domains connected to it (especially myshopamine.com, shopamine.si and all its language versions), all content, functionality and services, provided on or through these websites, including any version of the Shopamine Online Service or trial version, and the use of any other website, application, product, software or service related to the Shopamine product, to the extent that these are not governed by their own specific terms of use.

Before using the Shopamine online service, it is necessary to carefully read these general conditions. If you have any questions, you can contact support@shopamine.com.

The visitor of the website https://www.shopamine.com, by visiting or navigating through this website, conclusively agrees to comply with these general conditions in the part that refers to the use of the website pages.

Mutual relations between the company APPOTEKA d.o.o. and those website visitors who create a Shopamine user account in order to use the Shopamine online service are also governed by these general terms and conditions, in all relevant parts, from the moment the User accepts the general terms and conditions in the process of creating a Shopamine account via the online form (see Article 10 of these conditions).

If you do not agree with the terms, you are obliged to immediately leave the website https://www.shopamine.com or proceed in a direction in which your actions do not result in the activation of the Shopamine user account, or you have to contact the company APPOTEKA d.o.o. so we can deactivate the existing user account.

These terms and conditions may change (see Article 32 of these terms and conditions). 

These terms and conditions may be supplemented by other company operating rules and regulations (e.g. Privacy Policy). In the event of a discrepancy between the provisions of these general conditions of use and the more specific provisions of another rule or regulations, the latter prevails.

To display and use the website https://www.shopamine.com, and Shopamine online services, you may need to have certain hardware and software installed, for which you as a visitor or User are responsible.

I. GENERAL PROVISIONS

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Terms in the General Terms and Conditions have the following meaning:

1. Appoteka is APPOTEKA, razvoj spletnih aplikacij, d.o.o., Kamniška ulica 41, 1000 Ljubljana, MŠ: 3497623000, ID št. for VAT: SI38913739, registered at the District Court in Ljubljana, 2009/5894, share capital 28,125.00 € is paid in full.

2. The online service Shopamine (hereinafter referred to as Shopamine) is a computer system with associated hardware and software, with which Appoteka provides services according to these General Terms and Conditions. Shopamine is an online service that is exclusively owned by Appoteka.

3. General Terms are the General Terms of Use of Shopamine (hereinafter referred to as GT).

4. User is a person who uses Shopamine either as a Merchant or as an Authorized User.

5. A Merchant is an independent entrepreneur or legal entity that uses Shopamine for online sales, has accepted these General Terms and Conditions and has registered with Shopamine as a Merchant. This is a person who sells and/or markets products and/or offers and/or markets the purchase of services through Shopamine.

6. Buyer is a natural or legal person who purchases products and/or services on websites created by the Merchant through Shopamine.

7. Authorized User is any person authorized by the Merchant to manage the Shopamine account. An authorized user can be an Account Administrator and/or a Content Editor.

8. The Usage fee is the monthly monetary compensation that, in accordance with the General Terms and Conditions, the Merchant pays to Appoteka for the use of Shopamine.

9. Form is a form for creating a Shopamine account and is accessible via the Shopamine home page. The access code is the parameters required for a successful login to Shopamine. This concept combines: E-mail address and password for entering the administrator interface.

10. Holder of access code is a natural person who, as an independent entrepreneur, uses Shopamine as a User. If it is a legal entity, the owner of the access code is the natural person whom the legal entity appoints as an authorized person to use Shopamine. It is assumed that the legal representative of a legal entity is always also the User.

11. The Shopamine website is located at https://www.shopamine.com/.

12. Package is a set of services or benefits, the scope and price of which are determined in advance, and which the User obtains from Appoteka, and for which he pays the agreed User Fee monthly. 

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GT defines the terms of use of Shopamine and the rights and obligations of the User. GT regulate the contractual relationship between Appoteka and the Merchant for whom Appoteka provides services related to the use of Shopamine and determine mutual rights and obligations in this regard. GTs also determine the mutual rights and obligations between Appoteka and the authorized user.

II. DESCRIPTION OF THE SHOPAMINE WEB SERVICE

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Shopamine allows the User to quickly set up a website with an online store. Through his Shopamine account, the user creates and manages the content of his website, the online catalog of products and/or services, and the online store.

Shopamine allows the User to use pre-made generically designed templates for free. If the User does not want to use these, he can use his own image design of the online store at his own expense.

The administrative interface is accessible to the User via the Shopamine home page. Documentation for connecting supporting or parallel services is also available to the user (e.g. connecting Shopamine to the inventory management system or to accounting).

Each new functionality will generally be available to all Users. Appoteka may at any time, without prior notice and without any compensation to the User, terminate any Shopamine functionality that is available to the User free of charge or as part of its package. 

Changes in prices or functionality and their notification are governed by Article 18 of these General Terms and Conditions.

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Appoteka can also offer the Merchant support services, which are described on the Shopamine home page. Appoteka is obliged to provide support services professionally, conscientiously, with quality, with the diligence of a good businessman and a good expert, and in the most rational way.

Support services are provided on the basis of a written order from the Merchant, sent by e-mail or post to the Appoteka's contact address. Based on the order, Appoteka issues a written offer to the Merchant for the provision of support services with a specification of services and price. In the case of confirmation of the offer, support services can also be performed using a purchase order or work order. When necessary, Appoteka and the Merchant will enter into an independent contract for the provision of support services.

In order to perform support services, the Merchant must pay Appoteka an appropriate surcharge to the User Fee, in accordance with the Appoteka Price List in force at any given time.

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In agreement with the Merchant and against payment, Appoteka can also provide development and upgrade services of existing Shopamine functionality. By accepting GT in the process of creating an online store, the merchant expressly agrees to newly develop or the upgraded functionalities from the previous sentence remain the exclusive property of Appoteka, which may freely offer them to other Users for use without any compensation to the Merchant.

III. TERMS OF USE OF THE SHOPAMINE SYSTEM

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Each Shopamine User must simultaneously meet all of the following conditions:

  • that he provided true information in the Form for creating an account for the use of Shopamine; and
  • that he accepted GT and confirmed his identity during the account creation process; and
  • that he is an independent entrepreneur, or a legal representative of a legal entity or that he is authorized by a legal entity to use Shopamine;
  • to do business correctly with input data.

In addition to the conditions from the first paragraph, the merchant must simultaneously meet the condition that he regularly settles all obligations to the Appoteka.

The authorized Shopamine user must, in addition to the conditions from the first paragraph, also meet the condition of being authorized by the Merchant to manage the Shopamine account.

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By issuing a password to enter the administrator interface, the User is enabled to use Shopamine. As a result, the User is bound by the provisions of these Terms and Conditions, and to use the rules set out in the instructions for using the service, to comply with the instructions of the technical staff of Appoteka, and to use the online service in accordance with the rules of good business practice.

The user must protect the access code with the care of a good owner, and by persistently preventing the access code from coming into the possession of third parties.

The user may not transfer the access code to a third party without the express and prior written permission of Appoteka.

All damage and all dangers directly or indirectly related to misuse, forgetting, loss or alienation of the access code or its part, the User is responsible for it.

For any abuse, forgetfulness, loss or alienation of the access code or its part, which is attributable to the User's willful or negligent conduct, and which resulted in the damage being generated by Appoteka, or as a result of this type of behavior, the damage was generated to a third party, who can subsequently file a claim against Appoteka, the User is liable for damages, according to the rules of civil law.

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Appoteka will automatically and in the shortest possible time, which will not be longer than 24 hours, temporarily disable the User from using Shopamine, when the following cases occur:

  • if an attempt to enter Shopamine has been unsuccessful 10 times in a row, with an incorrect password for entering the administrator interface;
  • if misuse, forgetting, loss, theft or unauthorized access to the password for entering the administrator interface has been reported;
  • if there are reasons to suspect that abuse or unauthorized access to Shopamine has occurred.

After the suspension ends, Appoteka can issue a new password to the User to continue using Shopamine.

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Use of Shopamine that is not in accordance with GT, instructions for using the service, instructions from Appoteka's technical staff and good business practice for using the online service is considered abuse of the system and is strictly prohibited.

For abuse of the system the following in particular:

  • Hacking into Shopamine and attempted hacking;
  • causing or attempt to cause damage on web pages made using Shopamine or in Shopamine;
  • reading Shopamine system files, even if they are accessible;
  • damaging or attempt to decode Users or Appoteka
  • suspicion of fraud or other illegal act;
  • use of Shopamine for a purpose other than that specified by GT (e.g. for forwarding websites to third parties, etc.);
  • publication of content that is contrary to the regulations of the European Union and contrary to the constitution, compulsory regulations or moral principles;
  • publication of violent, defamatory, obscene, pornographic, offensive or otherwise objectionable content for the public;
  • posting or installing content intended for illegal destruction or hacking into other systems (e.g. virus, rootkit, exploit, etc.);
  • publishing or installing content intended for any other activity that is contrary to the purpose of Shopamine (e.g. robots, wares, etc.);
  • posting or installing content that could in any way damage the good name and/or financial stability of Appoteka;
  • sending annoying e-mail (SPAM) and mass advertising messages, which in the title or body of the message or in an attachment contains an indication of an e-mail address or a domain that includes the word “Appoteka” or “Shopamine” or, if any of these words are included in the text in the subject or body of the message or are located in an attachment.

Appoteka can these and other abuses detects herself or is she notifed about them by third parties or competent public authorities.

In certain cases of detected abuses, Appoteka will try to notify the User, from whose account they originate or are connected to him, in a timely manner. This is especially true in cases in which this kind of behavior by Appoteka will not be in conflict with the interest of a third party or a law enforcement agency (e.g. situations where the abuse was committed through a hijacked user account).

IV. REGULATION OF MUTUAL RELATIONS BETWEEN THE USER AND APPOTEKA

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Mutual relations between Appoteka and the User, which concern business through Shopamine, are regulated directly by GT. In accordance with the GT, Appoteka undertakes to allow the Merchant to use Shopamine, and the Merchant undertakes to pay Appoteka a User Fee for the use of these services. The agreement on the use of Shopamine in the sense of the provisions of this paragraph is concluded at the moment when the User, in the process of creating a Shopamine account, accepts the GT via the online form.

The mutual relations from the previous paragraph are established and regulated for an indefinite period of time and in each individual case come into effect from the moment of acceptance of the GT.

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Technical support is available to Shopamine users via the e-mail support@shopamine.com. Appoteka will only consider support requests sent to podpora@shopamine.com (or support@shopamine.com) from the User's e-mail contact address specified in the Form.

Appoteka will provide technical support on weekdays between 10:00 a.m. and 5:00 p.m. CET, and support requests will be processed in the order in which they are received. Appoteka will try to resolve claims in a reasonable time, and is not obliged to resolve the claim in full, but only to the extent that the continued use of Shopamine is enabled.

Appoteka reserves the right to carry out regular and extraordinary technical maintenance interventions in Shopamine, which will generally be carried out between 00:00 and 06:00 CET in the morning or on Saturdays, public holidays and holidays.

Appoteka will inform the User about regular and extraordinary interventions from the previous paragraph only if the planned interruption of operation is longer than 15 minutes. The notification from the previous sentence is carried out via the Home page or via the e-mail contact addresses specified in the Forms or via notifications in the control panel (i.e. Dashboard) within the administrator interface, namely at least one day before the planned regular intervention or . in the event of an emergency, as soon as possible.

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When setting up, managing and editing the content of websites made with Shopamine, the user must observe the regulations in the field of protection of industrial property rights, as well as copyright and related rights, and always ensure that published materials, texts, materials and all other content, as well as all content that supports additional functionalities of websites (such as scripts, programs, etc.) free of copyright claims by authors or claims of industrial property owners or third party beneficiaries, or that this type of content  made available for general use by everyone through the appropriate license, or that copyright holders or industrial property rights that participate, have participated or will participate in setting up, managing and editing the content of the websites, consent to the transfer and use of their copyrights or industrial property rights to the Merchant to the extent that corresponds to the purpose of their use on the website in question.

Any conduct and publication on websites created with Shopamine that is not in accordance with the previous paragraph is not permitted.

For any behavior of the User, which caused Appoteka to incur a šcode, or caused a šcode to a third party, who can subsequently file a claim against Appoteka, the Appoteka User is liable from the code, according to the rules of civil law.

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Appoteka reserves the right to review the content of the Merchant's websites in Shopamine and has the right to remove any content that is in violation of the GT. Appoteka will also remove any inappropriate content based on an official request from a public authority or of a third party, who will adequately demonstrate copyright infringement or industrial property rights, or the violation of any other protected right or regulation.

The Merchant is responsible for the content and security of the website, product catalog and online store. If the Merchant will use any permitted scripts and programs that are not owned by Appoteka via Shopamine, he is also fully responsible for their correct operation and regular updating.

Appoteka does not provide support for the use of these external services.

V. INVOICING SERVICES

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Using Shopamine is free during the 14-day trial period. After the 14-day trial period, Appoteka charges the Merchant a monthly monetary fee in the form of a User Fee + VAT for continued use of Shopamine.

The usage fee is charged in advance for a period of one month and is then charged for all subsequent months, until the User cancels the use of the Shopamine service by closing the account within the administration interface, or does so on a special sub-page that is created at the same time as the account is opened. or to inform Appoteka about this in due time via e-mail or phone call.

The usage fee is always determined in the package that the User chooses or that Appoteka determines for him when his account is activated. The usage fee consists of a basic fixed monthly amount, which depends on the selected package and add-ons. In certain cases, a variable amount may also be added to the User Fee. The fixed monthly amount may vary depending on the country in which the Shopamine service is marketed, and the calculation of supplements depends on the actually selected supplements, which the Shopamine Merchant chooses himself, or which Appoteka determines for him after prior agreement with the Merchant. The calculation of the monthly usage fee is determined by the Shopamine price list that is valid at any time, which is available on the Shopamine home page. 

Appoteka can also enter into an individual agreement with the Merchant regarding the amount or calculation of the Usage Fee, which is not tied to the Shopamine Price List that is valid at any time.

The fixed part of the Usage Fee is always charged for the future period of use. In the event that the Appoteka and the Merchant agree on the variable part of the Usage Fee, only this is charged in the current month for the previous month. 

The table below shows an example of the invoice structure in the event that the merchant and Appoteka agree that the Usage Fee also includes a variable part.

Example of a user fee that includes a variable part:

Invoice issue dateFixed monthly amountUser fee valid untilVariable partCalculation of variable work for the month
 25.1.2050yes25.2.2050yesfor the period from 25.12.2049 to 25.01.2050
25.2.2050yes3/25/2016yesfor the period from 25.01.2050 to 25.02.2050
etc.    

Example for a user fee that includes a merely fixed part:

Invoice issue dateFixed monthly amountUser fee valid untilVariable partCalculation of variable work for the month
25.1.2050yes25.2.2050no/
25.2.2050yes3/25/2016no/
etc.    

The average date on which the payment of the user fee (variable and fixed part) is due is the date on which the merchant activated his paid Shopamine account, which has 1 month remaining.

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The implementation of support services is not covered by the User Fee and is billed separately in accordance with the Appoteka Price List in force at any time. Appoteka and the Merchant determine the price of services for the development and upgrade of existing Shopamine functionality based on an estimate of the time spent and the Appoteka Price List that is valid at any time.

If, at the Merchant's request, support services are performed at the Merchant's location, Appoteka will also charge for these services after the time actually spent, which is expressed as the sum of the time spent at the Merchant. If, at the request of the Merchant, the services are performed at a location outside of Ljubljana, the Merchant is also obliged to reimburse Appoteka for documented travel expenses and any usual accommodation expenses.

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The merchant settles his monthly obligation from the Usage Fee within 8 days from the date of issue of the invoice by transfer to the transaction account of Appoteka.

For the purpose of correct calculation of the Usage Fee, by signing this Agreement, the Merchant expressly allows Appoteka to monitor and monitor traffic, used space on servers and performed št. API calls that are made via the online store and Merchant integrations in the Shopamine system.

According to this article, the billing period is from 00:00 on the first day of each billing period to 24:00 on the last day of each billing period.

In the event of late payment, Appoteka may demand the payment of the corresponding statutory default interest from the Merchant, or withdraw from the contract.

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The trader settles his obligation from the support services provided for him or completed development of the upgrade of the existing functionality of Shopamine within 8 days from the date of issuing the invoice by transfer to the transaction account of Appoteka. Appoteka will be the invoice for the payment of the provided support service or presented the developed upgrades to the Merchant within 3 days of completion  services or performed upgrades, together with the specification of services and possible costs to which the invoice applies.

In connection with the executed order for the development of the upgrade of the existing functionality of Shopamine or performance of the agreed support services, which the individual User has not paid within the agreed term, Appoteka can enforce tax claims against the User, and demand from him the overdue interest.

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Appoteka reserves the right to unilaterally change the amount of the User Fee and/or the range of services, the use of which is covered by paying the User Fee. The changes come into effect with the next accounting period.

Appoteka undertakes that in the event of changes from the previous paragraph, it will notify the Merchant at least 15 days before the changes come into force  via email, which will be sent to his specified contact address.

A merchant who does not agree with the changes from the first paragraph of this article must cancel the use of Shopamine services within eight days from the day when Appoteka sent the notification about the change from the previous paragraph, otherwise after the expiration of this period, &scaron and contrary evidence is not admissible that the Merchant accepts these changes.

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Appoteka issues all invoices exclusively in electronic form, to the indicated contact address of the Merchant from the Form, via e-mail. Appoteka invoices issued in this way are valid with a facsimile of the signature of the responsible person of Appoteka or signed with a verified digital certificate.

VI. REGULATION OF MUTUAL RELATIONS BETWEEN THE BUYER AND APPOTEKA

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The Buyer enters into a contractual relationship with the Merchant, therefore there are no mutual relations between the Buyer and Appoteka.

According to GT, for Shoppers who will be registered in Shopamine, the Merchant must prepare general terms and conditions of business, which will regulate the mutual relations between the Merchant and Shoppers, or otherwise ensure that its business is legal.

The trader, as the administrator of the Shoppers' personal data, must ensure that the processing of the Shoppers' personal data takes place in accordance with the applicable legislation in the field of personal data protection and the General Regulation on the Protection of Personal Data, and adopt the appropriate  privacy policy, as well as other necessary measures.

The Merchant is fully responsible for the content of the general terms and conditions of business and the privacy policy from the previous paragraph, i.e. for all aspects of the legality of his activity and business. Appoteka is not responsible for any disputes, fines or costs related to procedures before competent institutions or state authorities, as well as for other inconveniences that may arise to the Merchant or Buyer due to disregarding the provisions of this article.

VII. PROTECTION OF PERSONAL DATA AND PIŠKOKTI

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The protection of personal data is fully governed by the General terms and conditions for the processing of personal data in the company Appoteka d.o.o., which are accessible via a link on the website www.shopamine.com.

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Protection of personal data related to online identifiers or cookies, fully governed by the General terms and conditions of personal data processing in the company Appoteka d.o.o., which are available at this link:

https://www.shopamine.com/varstvo-osebnih-podatkov, and special provisions on Cookies, which are accessible at this link: https://www.shopamine.com/piskotki.

VIII. REFERRAL MARKING AND SALES PROMOTION

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By accepting GT in the process of creating a Shopamine account, the merchant expressly agrees to:

  1. That Appoteka may mark its websites with the Shopamine service mark (šapplication number: 201271297) (or the text “Shopamine online store”, “Online store by Shopamine” etc.), which may also include a link to Shopamine homepage (“hyperlink”). The removal of this link is a matter of individual agreement between the Merchant and Appoteka, except in the case where the Merchant uses one of the free design templates.
  2. That Appoteka may mention the Merchant and the Merchant's online store as well as the Merchant's logo and the Merchant's online store logo, with a link to the Merchant's website, on its website, on the Shopamine website, in its presentation folder and in other promotional and marketing materials and to the website of the Merchant's online store, as well as other websites of the Merchant, as a reference, for the entire duration of the business relationship between Appoteka and the Merchant arising from these SPs, unless there is a written agreement between Appoteka and the Merchant that excludes this.
  3. That Appoteka may use data about products and/or services entered by the Merchant into the Shopamine system to compile a set of data that Appoteka may offer as part of the Shopamine service to new Merchants.
  4. That Appoteka may carry out all permitted activities in Shopamine and elsewhere online, in mobile phone media, using online and mobile phone applications and using new, currently šyet invented, online marketing platforms and mobile phone marketing platforms to promote sales of its products and/or services, in particular Appoteka may, for the purpose of promoting sales:
  • use information about products and/or services provided by the Merchant;
  • use data on data handling from the previous paragraph, such as search for products and/or services by Shoppers;
  • display information about products and/or services, including the basic display image of the product and/or service, in comparative displays, such as comparing the product and/or service of one Merchant with the product and/or service of another Merchant or comparing several products and/or services of one Merchant with each other;
  • display information about products and/or services, including the basic display image of the product and/or service, in a common search engine for all products and/or services offered by all online stores of all Merchants using Shopamine;
  • display the best-selling products and/or services in special sections and with the indication “best-selling” or “best seller” etc.;
  • display the best-rated products and/or services by Shoppers in special sections and with the indication “best rated” or “best reviewed” etc.;
  • display products and/or services with the best quality/price ratio in special sections and with the indication “affordable purchase” or “best buy” etc.;
  • distribute catalogs of products and/or services via online social and mobile networks or via other websites and online services, such as Facebook, Twitter, etc.

Appoteka will not charge the Merchant any additional payments to the User Fee for the implementation of sales promotion activities from the first paragraph of this article, but when such an additional payment is necessary due to charging for services by third parties, Appoteka will only carry out this type of paid sales promotion at the Merchant's prior arrival to the amount of the surcharge.

The merchant is not entitled to any compensation or other benefits for issuing approvals according to the first paragraph of this article. All other industrial property rights and material copyrights, moral copyrights and other copyrights, which are not transferred for the purpose of promoting sales on Appoteka, are reserved to the User.

Without the express written consent of the User, Appoteka is prohibited from tampering with the author's works from the 4th indent of this paragraph, processing or adapting them, and transferring the rights to these works to third parties.

If the sales promotion service provided by Appoteka contains copyrighted works provided by the User, the User warrants to Appoteka that he has the relevant material copyrights in these works and is responsible for the code that Appoteka suffered as a result of claims by third parties that refer to these works of authorship. Regardless of the provision of the first paragraph of this article, Appoteka and Merchant may expressly agree otherwise in writing regarding these issues.

IX. RESPONSIBILITY OF APPOTEKA

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Appoteka strives with the care of a good expert for the quality of its services and for the flawless and smooth operation of Shopamine, but in this context, the nature of the relationship between Appoteka and the Merchant or. To the users, the obligation of efforts, and Appoteka cannot guarantee that Shopamine's services and functionalities will operate securely, uninterruptedly, without errors and without data loss at all times. Appoteka will continuously improve Shopamine, also through regular communication with Users, and by taking into account their response, as well as with the help of other obtained feedback.

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Connecting to the Internet, registering and assigning a domain, as well as other services related to Internet access, are not the subject of the services provided by Appoteka within Shopamine. Appoteka therefore does not assume any responsibility for disruptions and interruptions in the telecommunications network, for errors occurring during the transmission of data via telecommunications networks or for disabled access to Shopamine services that occur as a result of these disruptions and interruptions or errors, as well as for the consequences arising from them.

Appoteka is not liable to the User, the Shopper, or third parties for direct or indirect loss, loss of income, loss of profit, loss or impairment of goodwill and other costs incurred as a result of their use or inability to use Shopamine, especially Appoteka's liability for:

is excluded

  • loss of data;
  • incorrectly delivered or undelivered data;
  • erroneous or accidental recording, deletion or omission of data;
  • errors in software tools;
  • unauthorized use of the administrator and regular interface;
  • all cases of abuse of the system;
  • delay in the start of business due to refusal to use Shopamine;
  • longer response time;
  • safety, quality, suitability, deliverability, delivery, reliability or legality of any product and/or service offered and/or marketed through Shopamine;
  • adequacy and correctness of descriptions, pictures, offers, prices and other data related to products and/or services offered and/or marketed through Shopamine;
  • any violation of consumer rights or consumer protection, which is or could be related to the websites of the Merchants and the services of Shopamine, or the actions of the Users
  • implementation of transactions that are, or could be, related to Merchant websites and Shopamine services, or the actions of Users;
  • any criminal act that is or could be related to the websites of the Merchants and the services of Shopamine, or the actions of the Users;
  • the content of all other web pages that are not directly related to the products and/or services offered and/or marketed through Shopamine, but are located within or in connection with web pages made with Shopamine, or are linked to its Users;
  • events on which he has no influence or over which he has no control (force majeure such as, for example, earthquake, fire, flood, martial law, mass demonstrations, extraordinary weather conditions, power failure, etc.).

X. RESPONSIBILITY OF THE MERCHANT

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Merchant represents, warrants and guarantees to Appoteka:

  • that he meets all the conditions for using Shopamine in accordance with the GT and that he will use the GT during the entire period of use of Shopamine;
  • that it meets all the conditions for legally valid online sales and/or marketing, or business through this form of offering products and/or services, especially that it complies with all applicable rules on consumer protection and protection of consumers from fraud; these business practices, that it has a registered business activity for online sales, or that it has obtained appropriate permits for carrying out this type of activity, and that it has all the necessary permits and rights for business in all countries where it will offer to purchase products and/or online service, and that its offered goods meet all the conditions for entering the market;
  • that the information provided by him in the Shopamine account creation form is correct, complete and up-to-date at all times, and that the contact email address is managed exclusively by him and that only he has direct access to it;
  • that the Form for creating a Shopamine account is submitted in good faith, for legitimate purposes and does not interfere with any rights of third parties;
  • to provide content and set up websites and online sales and/or marketing in a way that does not violate any rights of third parties or applicable regulations, and to respect the prohibition of discrimination based on race, gender, language, religion, political opinions , sexual orientation or any other personal circumstances
  • will not place advertisements or market a product or service that may represent competition to Appoteka;
  • that, as the manager of the personal data of the Subscribers, he is the responsible person according to the legislation on the protection of personal data;
  • not to set up websites and online sales and/or marketing in bad faith, or for the purpose of carrying out any prohibited activity/offering prohibited goods;
  • that web pages and content created via  Shopamine, do not contravene the law, public order or morality and do not interfere with the constitutional or statutory rights of third parties, including intellectual property rights;

The merchant assumes all responsibility for the actions of each person authorized through Shopamine to manage (Administrator) and/or to edit content (Editor).

The merchant is fully responsible for the regular settlement of tax obligations arising from business through Shopamine.

If the Merchant does not comply with the obligations, statements, assurances and guarantees from this article and other chapters of these GTs, Appoteka has the right to permanently stop the Merchant's use of Shopamine on its own initiative. Appoteka will also permanently stop the use of Shopamine by the Merchant, or the User, upon receipt of an official request from a public authority, or of a third party, who will adequately demonstrate copyright infringement or industrial property rights, or the violation of any other protected right or regulation, and in cases where a legal dispute will arise between Appoteka and the Merchant.

27. article

The merchant undertakes not to overburden Appoteka's servers and to respect the space limit (“Gb”) and traffic limit ("bandwith kb/s”, "API requests", "https requests") , which will be assigned by Appoteka to the Retailer for the use of Shopamine. In the case of excessive use of space and/or traffic, Appoteka may limit such consumption to the Merchant or charge him additionally for additional space and/or traffic in accordance with the Appoteka Price List in force at any time.

Before implementing one of the measures from the previous paragraph, Appoteka will warn the Merchant in writing that he has exceeded the allocated space and/or traffic and inform him of the costs that will be charged to him if he wants Shopamine as part of his the account continues to function smoothly. If the Merchant does not agree to the calculation of additional costs for exceeding the space and/or traffic for an individual billing period, Appoteka limits the upper limits on the Merchant's website in the Shopamine system, without further notice, on the Appoteka server, as a result of which the operation of Shopamine as part of the Merchant's the account may slow down and/or operate with interruptions or drop out. For subject-related slowed operation and/or operation with interruptions or outages, the Merchant is fully and exclusively responsible. In connection with the costs that Appoteka would incur in the event of such situations, and which the individual User or Merchant did not pay within the agreed time frame, despite Appoteka's request, Appoteka can claim tax deductions and claim overdue interest.

28. article

The merchant is obliged to provide all information relating to Appoteka or its business partners, and to which he came to during the implementation of his activities on the basis of these GTs, and the resulting business relationship with Appoteka, to be protected as a business secret. He is also obliged to ensure that no information, documents or any other documentation falls into the hands of unauthorized persons. The duty to protect trade secrets applies to the Merchant indefinitely in terms of time and place, even after the termination of the business relationship with Appoteka, according to these General Terms and Conditions.

Appoteka also undertakes to permanently protect the data obtained from and in connection with the business relationship with the User as a business secret, and will not pass it on to third parties without the prior written permission of the User. Appoteka undertakes to inform all its colleagues and contractual partners and oblige them to keep confidential all information obtained, which may represent the User's business secret, and to ensure the protection of the User's and Shoppers' personal data. 

29. article

The merchant undertakes not to involve Appoteka, its owners, legal and authorized representatives, employees, collaborators, partners and intermediaries in tax deduction or other legal proceedings, due directly or indirectly to the code, which is occurred to the User, the Shopper or a third party, for example, as a result of a disagreement, use or incorrect use of Shopamine, a transaction, or an agreement with any of the mentioned persons, etc. Otherwise, the Merchant is obliged to cover Appoteka for all incurred costs and costs, as well as all incurred legal costs.

If the Merchant acts contrary to the provisions of this article, he shall be liable to Appoteki for the šcode arising from this title, together with all legal default interest.

Regardless of the contrary provision or agreement, these GT do not exclude or limit the liability of Appoteka or User regarding willful violation of these terms, or any other liability that cannot be limited or excluded by law.

XI. TERMINATION OF THE RELATIONSHIP BETWEEN THE USER AND APPOTEKA

30. article

The merchant may stop using Shopamine at any time if he notifies Appoteka in writing. Before making the statement from the previous sentence, the Merchant must pay Appoteka all obligations related to the use of Shopamine, as well as any legal late interest due.

Appoteka terminates the Merchant's ability to use Shopamine at the latest within four working days after receiving the written statement from the previous paragraph.

The provisions of the previous two paragraphs also apply mutatis mutandis to the Authorized User.

In the cases from the previous three paragraphs of this article, the relationship between the User and Appoteka automatically ceases to apply on the day when Appoteka permanently stops the User from using Shopamine.

31. article

In the following cases, Appoteka may permanently stop the use of Shopamine by the User at any time, without prior written notice, without a notice period and without any special justification:

  • due to the death, loss of business capacity or termination of the User;
  • if the User does not use the GT;
  • if the User or The merchant violates the provisions of the Agreement on the processing of personal data;
  • if the User does not do business in accordance with the laws and applicable regulations,;
  • if it is established that the User has abused the system
  • if  Appoteka received an official invitation from a public body, or of a third party who has duly demonstrated copyright infringement or industrial property rights, or violation of any other protected right or regulation,
  • and in other cases when it is necessary for the safety or protection of Shopamine, other Users, Shoppers, or Appoteka.

If, in accordance with the previous paragraph, Appoteka has permanently stopped the use of Shopamine by the Retailer, the use of Shopamine by all Authorized Users authorized by this Retailer will also be automatically permanently stopped at the same time.

On the day of permanent cessation of Shopamine use, the User's access to Shopamine is disabled and blocked.

32. article

Appoteka can cancel the offer of Shopamine in writing:

  • without stating the reasons for termination, with a notice period of 6 months, if he terminates due to his own business decision, before the end of the first year in which the User in question has used Shopamine;
  • without stating the reasons for termination, with a notice period of 3 months, if the termination is due to his own business decision, after the end of the first year in which the User in question has used Shopamine

The notice period begins on the next working day, after the written notice has been served on the other party. During the period of notice, Appoteka is obliged to ensure uninterrupted provision of services to the User.

33. article

Before terminating the relationship between the Merchant and Appoteka, he must:

  • The merchant shall pay Appoteka all obligations that will fall due by the date of termination, as well as any legal late interest that may be due; and
  • The User must realize or cancel all orders of Shoppers that have not yet been executed, so that all orders are completed in the Merchant's online sales within Shopamine, otherwise such a cancellation will be made by Appoteka when access to Shopamine is blocked. According to the previous sentence, Appoteka is not obliged to specifically inform either the User or the Shoppers whose orders have been cancelled.

Appoteka is under no obligation to the Merchant to export data from web pages created in Shopamine.

XII. CHANGES TO GENERAL TERMS

34. article

Appoteka may, in the event of changes to the regulations governing the operation of online stores, data protection and other areas related to the operations of Shopamine, and in the event of changes to its own business policy in relation to the operations of Shopamine, amend and/or supplement these GT, about which it will each time inform the User in an appropriate way, whereby the appropriate way is in particular notification via the Shopamine Home Page, or via the indicated contact e-mail addresses from the Form, or via notifications in the control panel ( i.e. Dashboard) within the admin interface. Any changes and/or additions to the GT come into force and are applied after the eight-day period that starts from the date of publication of the changes and/or additions on the Home page. If a change and/or addition to the GT is necessary, e.g. due to the necessary harmonization with the regulations, these changes and/or additions may exceptionally come into force and use already at a specific time, which will be specifically stated in them, as well as in the notices.

The user who does not agree with the changes and/or additions to the GT must cancel the use of Shopamine within eight days from the publication of the notification about the change and/or amendment to the GT, otherwise, after the expiration of this period, it will be terminated, and there is no evidence to the contrary permissible for the User to accept changes and/or additions to the GT.

Appoteka will also regularly inform the User about other innovations in dealing with Shopamine through notifications on the Shopamine home page.

XIII. TRANSITIONAL AND FINAL PROVISIONS

35. article

Appoteka allows full functionality and normal operation of Shopamine only for individual FULL versions of the online service, but not for the so-called BETA versions and trial versions. Appoteka announces on the Shopamine home page whether the individual version available to Users is a FULL version or a BETA version.

As long as the individual version of Shopamine is in the BETA stage, the User can use it exclusively at his own risk, whereby any responsibility of Appoteka for the normal operation of Shopamine is excluded, and above all, Appoteka's responsibility is excluded for:

  • full operation of each individual functionality and/or several functionalities in mutual relationships;
  • stability of Shopamine action;
  • program and system errors and noises (i.e. bugs);
  • disrespecting the rules on mutual information and publications.

36. article

Slovenian law applies and applies to the GT and to all disputes between Appoteka and the User, and the rules of international private law that refer to the application of any other law are not applied.

All mutual communication between Appoteka and the User must take place in the language in which the GT are or in English.

Appoteka and the User will resolve all disputes arising from mutual relations according to GT by agreement. If an amicable settlement of the dispute is not reached, the courts in Ljubljana, Slovenia have exclusive local jurisdiction to resolve all disputes between Appoteka and the User.

Appoteka and the User, as participants in electronic business, mutually recognize the validity of electronic messages in court.

The relevant provisions of the Code of Obligations, the Act on Electronic Business on the Market, the Act on the Protection of Personal Data and the Act on the Protection of Consumers apply mutatis mutandis to all relationships and rights and obligations that are not regulated by the GT.

37. article

GT come into force and use after eight days from their publication on the Home page, and are available to interested parties in electronic form on the website https://www.shopamine.com/sl/terms-of-service.

Last change GT: 20. October 2022

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