General Terms and Conditions (GTCs)
The online shoe fitting platform and community ShoeSize.Me May 2018
1.1 ShoeSize.Me AG, with its headquarters in Olten, Switzerland, (hereinafter: “ShoeSize.Me”) operates an online platform which allows individuals to store and maintain personal information about body dimensions (hereinafter: “ShoeSize.Me”). The information stored on ShoeSize.Me is being used by ShoeSize.Me to improve the shopping experience of the individuals by automizing the selection of footwear or other apparel based on the individual’s foot and/or other body dimensions.
1.2 Users can open a personal account, store and maintain their foot and shoe dimensions, other body dimensions and other information about type and size of footwear and apparel the user wishes to store and maintain. ShoeSize.Me will use this information to automize the selection of footwear and apparel the user is interested to buy in an online shop. To provide this service ShoeSize.Me will share this information with third parties.
1.3 The service offer of ShoeSize.Me is exclusively aimed at individuals of full age.
1.4 ShoeSize.Me allows access to and use of ShoeSize.Me based on these general terms and conditions (hereinafter: “GTCs”).
1.5 The GTCs regulate the relationship between ShoeSize.Me as the operator of the platform, registered users and third parties or partners.
1.6 By registering as a ShoeSize.Me user, you are accepting the following GTCs for the use of ShoeSize.Me.
1.7 The user may view, print and save these GTCs at any time, including after conclusion of a contract, using the “GTCs” link.
2.1 ShoeSize.Me is available to all interested parties. Registration is free. We reserve the right to charge a fee for additional premium services.
2.2 Registration is only open to individuals of full age.
2.3 To register, the user must fill out the mandatory fields on the registration form completely, correctly and truthfully. It is strictly forbidden to register a user with incorrect or otherwise unacceptable information.
2.4 Users are not expressly entitled to conclude a contract of use. ShoeSize.Me is entitled to refuse any registration without the need for justification.
2.5 By registering for ShoeSize.Me I declare that I agree that my contact details (incl. e-mail address) may be used by ShoeSize.Me. If anyone does not wish his contact information to be used in this manner, he should communicate this wish in writing within one month of registering for ShoeSize.Me.
3 Deleting an account
3.1 If a user would like to delete his ShoeSize.Me account, he may terminate the contract of use at any time without the need for justification and without the need to comply with any notification periods.
3.2 It is sufficient to click on the “Delete my account” button. Alternatively, the user can also cancel his membership by sending an e-mail to contact@ShoeSize.Me.
3.3 ShoeSize.Me may also terminate the contract of use at any time without the need for justification and without the need to comply with any notification periods.
3.4 Once an account is deleted successfully, all the user’s personal information is permanently deleted from the platform.
3.5 Contributions that the user has made publicly available via the ShoeSize.Me platform prior to leaving (e.g., in forums, within groups, etc.) shall also remain visible following successful deletion of the account – however, no name will be shown and a message will appear stating that the user who submitted the contribution is no longer registered.
4 General terms and conditions of use
4.1 As a fundamental rule, no claims can be asserted with respect to the use of the ShoeSize.Me platform. Users use ShoeSize.Me at their own risk. The user is exclusively liable for any damage sustained to his personal system arising from the use of ShoeSize.Me.
4.2 ShoeSize.Me does not provide any guarantee of the correctness of the data or information linked to on third-party websites.
4.3 All users are prohibited from using technical interventions (such as running scripts, hacking attempts, distribution of viruses, worms, Trojan horses, brute force attacks, etc.) to compromise the functioning of ShoeSize.Me.
4.4 It is also prohibited to use ShoeSize.Me to disseminate discriminatory, defamatory, racist, pornographic, violent or any other illegal data or statements.
4.5 The user is prohibited from using ShoeSize.Me to disseminate advertisements, political contributions, bulk mails, chain letters or competitions.
4.6 No information concerning other users may be collected, saved or distributed in any other way unless the user in question has provided his explicit authorisation.
4.7 The information and e-mail addresses of other users must not be used for commercial purposes or the sending of unsolicited advertising materials.
4.8 All applications exist only within the scope of the current state of the art of the technology. It may prove necessary for certain services to be subjected to temporary restrictions (capacity limits, security releases, etc.). Users will be notified of expected maintenance periods accordingly.
4.9 The ShoeSize.Me platform also includes links to third-party contents. These third-party contents are identified with a corresponding notice, e.g., “Advertisement” or “Presented by”. If and insofar as the conclusion of a contract is offered in connection with these third-party contents, this is then concluded exclusively with the respective responsible party identified as offering it.
4.10 ShoeSize.Me is entitled to supply user data to partners for the performance of their services.
4.11 Insofar as legal, judicial or official regulations oblige ShoeSize.Me to do so, ShoeSize.Me is entitled to supply user data.
4.12 ShoeSize.Me has been developed with great care. Nevertheless, all information is provided without guarantee. No liability is accepted for any disadvantages or damages arising from the information provided.
5 User obligations
5.1 The password selected during registration must be treated confidentially and not provided to third parties.
5.2 Users are prohibited from allowing third parties to use ShoeSize.Me with other information. Should ShoeSize.Me incur any damages arising from an account, the account holder shall be liable without restrictions.
5.3 Users are fundamentally obliged, in the presence of sustained evidence, to inform ShoeSize.Me immediately of any breaches of these GTCs or other misuse.
5.4 Users are obliged to inform ShoeSize.Me immediately if there is reason to suspect that a third party has become aware of access data and/or misused an account.
6 Copyrights and rights of use
6.1 Insofar as a user makes legally protected contents publicly available via ShoeSize.Me (text, images, videos, graphics, links, etc.), the user bears full responsibility. The user must ensure that no third-party rights (copyright, right of use, trademark rights or personal rights) are infringed upon.
6.2 Should third parties assert claims, the user shall be absolutely liable. ShoeSize.Me does not accept any liability. The user shall bear the full cost of any necessary legal defence in the statutory amount (court costs and legal fees).
6.3 In the case that third parties assert claims, the user is obliged to provide ShoeSize.Me immediately with all the information available to him that may be required for the investigation of the matter and for its defence.
6.4 Additional claims for damages that ShoeSize.Me has over the user shall remain unaffected.
6.5 ShoeSize.Me reserves the right to remove this type of contents and/or links to other contents without prior notice, if and insofar as ShoeSize.Me has specific reason to believe that making said contents publicly available constitutes a breach of statutory provisions or the GTCs.
6.6 All attempts to use the available contents for business, industrial or any other commercial purposes are strictly prohibited.
6.7 With the exception of the legally admissible cases, the contents made available via ShoeSize.Me must not be copied, distributed or made publicly accessible in any other way without the permission of the respective holder of rights.
6.8 The user grants ShoeSize.Me a complete right of use for the further use of the material on ShoeSize.Me.
6.9 The further use of any source codes by ShoeSize.Me is hereby excluded.
7 Sanctions in case of breaches
7.1 Compliance with the GTCs is essential for the correct functioning of ShoeSize.Me. Consequently, ShoeSize.Me imposes sanctions on users if it has specific reason to believe that a user has breached statutory provisions, the accepted principles of morality or the GTCs or has infringed upon third-party rights.
7.2 In addition, ShoeSize.Me is also entitled to remove incriminated contents from the ShoeSize.Me without prior notice.
7.3 When selecting the sanctions to impose, ShoeSize.Me shall take the legitimate interests of the user in question into account.
7.4 The following measures are available to ShoeSize.Me: deletion of a user’s contents, the issuing of a caution to a user, the temporary and permanent blocking of an account and the deletion of an account.
7.5 Blocked users are prohibited from reregistering with ShoeSize.Me.
8.1 ShoeSize.Me includes links to selected third-party shops offering products and services. Insofar as their offer, sales and procurement do not breach statutory provisions, these GTCs are the basic principles of ShoeSize.Me.
8.2 Should any technical problems occur on the partner websites, ShoeSize.Me shall not be liable towards the user of ShoeSize.Me, the third-party provider or the purchaser.
8.3 If orders are placed with third parties, the GTCs of the respective supplier shall apply for the purchaser.
9 Data protection
9.1 The protection of personal information is of the utmost importance to ShoeSize.Me. ShoeSize.Me includes data protection provisions in line with the European GENERAL DATA PROTECTION REGULATION (GDPR) to inform users and visitors of how the personal information is processed.
10 Future amendments
10.1 ShoeSize.Me reserves the right to amend the provisions of these GTCs at any time without the need for justification.
10.2 Users will be notified of amendments per e-mail two weeks prior to their coming into force. If the user does not object to the amendments within this period, the amendments shall be deemed to be accepted and mutually agreed upon.
10.3 ShoeSize.Me undertakes to inform the user specifically of the significance of this two week period in the e-mail containing notification of the amended provisions.
10.4 If the user objects to the application of the new GTCs within the specified period, ShoeSize.Me is authorised to terminate the contractual relationship with the user fairly with a period of notice of 14 days and to delete the account after a further 14 days have elapsed.
11 Final provisions
11.1 Should individual provisions of these GTCs be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced with a valid one that the parties would have concluded, had they been aware of the issue at the time the contract was concluded, in order to achieve the same or at least a similar economic success. The same shall apply for any loopholes discovered in the contract.
11.2 Should individual provisions of these GTCs cease to be enforced, this shall not be taken to mean that provision in question has been tacitly repealed.
11.3 Should supplementary regulations prove necessary in the interest of smooth business operations, the parties shall introduce these in line with the aim of these GTCs and fair coordination of interests.
11.4 These GTCs and the contractual relationship between ShoeSize.Me and the user are exclusively subject to Swiss law. The legal venue is the headquarters of ShoeSize.Me AG.
11.5 However, this choice of law shall only apply to the user insofar as the protection granted by compulsory regulations of the country's legal system in which the consumer resides is not withdrawn.