This is a translation for your convenience. Only the German version is legally binding.
Last updated: 08/2023
1.1. Registration procedure for an account on OUTTRA.com
When signing up for an account on OUTTRA.com, all data you provide must be truthful and complete. OUTTRA reserves the right to verify and/or confirm the information provided during registration. For existing OUTTRA retailers, a designated account manager will approve all further requests regarding account access. Responsibility for this account manager can be changed at any time, either by you or on request via OUTTRA.
You will receive communications from OUTTRA by email relating to your business, the brands you carry and relevant news about OUTTRA’s services. You may unsubscribe from these communications at any time. Updates relating to OUTTRA services. You may unsubscribe at any time.
1.2. Password
You are solely responsible for keeping your password confidential. You are liable for any access to the website made using your login details, unless this was caused by technical problems or by actions of OUTTRA staff (e.g. a security breach of OUTTRA’s system by third parties). If you become aware of any unauthorised use of your OUTTRA.de account, you must inform OUTTRA without delay. You acknowledge that OUTTRA has no access to your password. However, OUTTRA provides you with functions to block or change your password and will assist you with this if required.
1.3. Your inventory feed
The stock information you provide is displayed to customers via our service on the websites of participating brands, on OUTTRA.de and, if desired, on your own website and on social networks. OUTTRA attaches the utmost importance to the confidentiality of your company’s stock information. Unless otherwise stated in this document, we will not use or disclose your stock information under any circumstances.
We store stock data in a secured database, and old stock data is securely removed as soon as a new stock file is uploaded. If you indicate that an item number (UPC) has an available quantity of more than “1”, this product will be shown as “available” to a customer on the website of a participating brand, on our website and optionally on your website or your social networks, depending on your individual settings. If only two or fewer units of this item remain available, you can set up an individual notification indicating that only a limited quantity is available.
OUTTRA will not share or sell stock data to brands, retailers or other third parties unless you give your express written consent or there is an addendum to this agreement signed by both parties. You are in control of providing your stock feed and can stop the transmission of a feed at any time. You can also request at any time that OUTTRA remove your stock data from our system. No fees are charged for transmitting stock files to OUTTRA.
OUTTRA may use your stock information solely for the purposes defined in this agreement. OUTTRA accepts liability for any use of your stock information that is not in accordance with this agreement.
1.4. Support
OUTTRA provides general and technical support for retailers by email from Monday to Friday, 9 am to 5 pm CET. To do so, please send an email to support@outtra.com.
1.5. Product content
OUTTRA cooperates with brand partners to keep product information up to date and always endeavours to present this data as accurately and currently as possible. Brands provide continuous updates of their product catalogues and set a fixed price per product. Nevertheless, we give no guarantee as to the accuracy of the information, materials or content provided by us or our brand partners. If you notice an error in a product, please let us know by email to support@outtra.com. In the rare event that a product is incorrectly labelled by OUTTRA, we cannot provide financial compensation. In such cases, we ask you to communicate directly with the customer and to inform OUTTRA of the discrepancy without delay.
We reserve the right to add to, modify or remove content and information on the website at any time, including but not limited to information, materials, services and functionality. However, we are not permitted to change or modify content provided by you without your prior written consent. All new functions and services added by us are subject to the provisions of this agreement.
Content provided via OUTTRA, such as product data, images and videos, is intended exclusively for the OUTTRA account approved by the brands and may not be passed on, whether for payment or free of charge.
1.6. Reservation
OUTTRA’s reservation function facilitates reservations for collection in your shop. You can activate this service in one or more of your shops at any time. In doing so, you undertake to handle all customer enquiries to the best of your knowledge and belief, promptly and professionally. This means that you should respond to customer enquiries as quickly as possible, but no later than within four hours during business hours. Reminder messages are sent every thirty minutes during business hours to help you respond promptly.
OUTTRA reserves the right to update or change our service expectations in writing at any time. If a retailer repeatedly fails to meet our customer satisfaction standards, its participation in the service may be terminated.
By using OUTTRA’s reservation function, you agree to share a customer’s name with the respective brand partner for orders received via that partner’s website. The reservation function is an optional service for which fees may be charged. The exact terms can be found in your OUTTRA.de account. However, free-of-charge options are also available. You further undertake not to use OUTTRA for exporting goods or services from your geographical market (e.g. Germany or the European Union) and only to enable the collection of goods in lawfully operated retail shops.
1.7. FAQ and info sections
OUTTRA offers its FAQ and info sections as a service to members of the community so that they can obtain additional information about the technology. OUTTRA accepts no liability for the improper use of materials that you publish in our FAQ or info sections.
1.8. Third-party websites
Our website may contain links to external websites (“External Sites”). These links do not constitute an endorsement by us of the External Sites or their content. OUTTRA accepts no liability for problems or damage arising in connection with the use of External Sites or the content or materials provided on them. We are not obliged to pay compensation to External Sites.
1.9. Conduct in the community
As a member of the OUTTRA community, we ask you to treat other members with respect. Under this agreement, you undertake to refrain from certain actions (“Misconduct”) that could adversely affect other members, their use of the website or the integrity of the website itself.
Such Misconduct includes, among other things: (1) uploading content (as defined in section 2.1) for which you do not hold the necessary copyrights, or content that is obscene, pornographic, offensive, defamatory or unlawful; (2) intentionally or knowingly uploading viruses, tracking software, links or files that could impair the functioning of the website or of any computer accessing it; (3) intentionally damaging the website or its functionality or compromising the security of the website and its networks; (4) using a false identity when registering or for other purposes; (5) infringing the rights of other members or harassing them; (6) gaining unauthorised access to other members’ accounts or data.
- CONTENT TERMS
2.1. Content of OUTTRA.com
The website may contain photos, illustrations, audio recordings, video recordings, data and information provided or made available by OUTTRA, its brands, members, etc. (‘Content’). This Content is protected by copyright, trade mark law or other rights of OUTTRA and/or other parties (including participating members). With regard to content that you provide or make available for display on the website (‘Your Content’), you must hold all necessary rights and/or permissions. All rights in any Content remain with the member who places that Content on the website (such a member is referred to as a ‘Contributor’). For the avoidance of doubt: your inventory files are not considered Your Content within the meaning of “uploading” to the website, and these files may not be used on the website unless otherwise provided in section I(iii).
2.2. Placing content on OUTTRA.com
You hereby grant OUTTRA.com a non-exclusive right to use content on the website in accordance with these terms. As a member of the community, you can place content on the website by completing the relevant process on the website.
2.3. Publicly accessible content
Retailers can transfer content from our back-end interface to the public areas of the website and to the tools operated by OUTTRA on brand websites. Content displayed in the public areas of the website (hereinafter referred to as ‘Publicly Accessible Content’) is visible to everyone. OUTTRA accepts no liability for a member’s failure to obtain such permission or for any related security breach in respect of Publicly Accessible Content. If you are authorised to publish content, you agree to publish only content for which you own or control the intellectual property rights, copyrights and trade mark rights. OUTTRA accepts no liability for content published without such rights or control.
2.4. Contributor’s representations and warranties
OUTTRA does not permit content to be published in public areas of the website that infringes trade mark rights or copyrights (collectively ‘IP Rights’). By placing Your Content on OUTTRA, you warrant that you either own the IP Rights in all of Your Content or hold the corresponding authorisation, and that you accept sole responsibility for all of Your Content uploaded by you, whether private or public. You warrant that, to the best of your knowledge and belief, your published content contains no viruses or harmful materials that could affect the website in any way. OUTTRA warrants that it holds all necessary rights (including IP Rights) in the website and the services to offer the website and services and to fulfil its obligations under this agreement, and that the website contains no viruses or harmful materials that could affect Your Content.
In addition to the foregoing representations and warranties, the Contributor represents and warrants that: (a) all data, including data transfers, complies with the relevant provisions of applicable data protection law; (b) it holds all necessary consents and notifications to enable lawful data transfers to OUTTRA for the duration and purposes set out in this agreement; (c) it keeps records and documents the basis for cross-border data transfers for documentation purposes; and (d) it will inform OUTTRA without delay of any requirement under applicable law that would oblige OUTTRA to process data other than as set out in this agreement.
2.5. Review of content
OUTTRA will not review all content uploaded to the website and accepts no responsibility for the content. However, OUTTRA may review, edit and/or remove content at its own discretion; we may not change Your Content without your consent, but may remove it from the website after notifying you in writing. OUTTRA accepts no liability for errors or omissions in content provided on the website.
- LEGAL TERMS
3.1. Applicable law
This agreement is governed by the law of the Federal Republic of Germany. By accessing the website and using our services, you accept the terms of this agreement and submit to the exclusive jurisdiction of the courts at the company’s registered office in Stuttgart for all disputes that may arise from such access. Should any part of these terms be deemed invalid or unenforceable for any reason (including but not limited to the exclusions and limitations set out below), the invalid or unenforceable part shall be severed from these terms and the remaining terms shall remain fully valid. A party’s failure to insist on strict compliance with any provision of this agreement, or failure to exercise any right or provision of this agreement, shall not constitute a waiver of that provision or right. Amendments to this agreement are only valid if made in writing and signed by a duly authorised representative of both parties. All disputes arising out of or in connection with this agreement shall be submitted to arbitration.
3.2. Indemnification
You undertake to defend, indemnify and hold harmless OUTTRA, its subsidiaries, affiliated companies, officers, licensors, employees, agents and independent contractors against all claims, damages, costs, liabilities, losses and expenses (including but not limited to reasonable legal fees) arising out of or in connection with third-party claims resulting from your unauthorised use of the website or services or from your breach or alleged breach of this agreement.
3.3. Exclusions and limitations
To the maximum extent permitted by law, both parties agree:
• To exclude any representations and warranties regarding the website and its information, materials or content that may be provided or made available by affiliated companies or third parties, including OUTTRA members. This includes inaccuracies or omissions on the website, interruptions or delays of the service, or the quality of content or services.
• To exclude any liability on their own part or on the part of their directors, officers, employees, shareholders, partners, licensors or agents for any damage that may arise from the use of the website. This includes, without limitation, direct losses, loss of business, information or profit opportunities (regardless of whether the loss of such profits was foreseeable, arose in the ordinary course of business or whether you informed OUTTRA of the possibility of such potential loss), damage to your computer hardware and software or the data stored on it, or any other direct or indirect, consequential and incidental damage.
- TERMINATION OF MEMBERSHIP
You have the right to terminate your membership at any time. Upon such termination, OUTTRA will stop all ongoing billing and deactivate your login details and your account. Depending on your wishes, OUTTRA will either return your content and/or inventory files or delete them permanently. OUTTRA also reserves the right to terminate your membership for any reason, in particular in the event of breaches of this agreement, after giving prior notice. Termination of your membership does not affect the rights and obligations of OUTTRA set out in this agreement. Provisions of this agreement that are intended to continue to apply after its termination shall do so, including but not limited to indemnification obligations.
Publicity
With your written consent, OUTTRA may use your name or logo in advertising, written sales promotions, press releases and other public communications in connection with this agreement.
Entire agreement
This agreement constitutes the complete and exclusive understanding between the parties regarding its subject matter. Any prior arrangements, promises, representations and agreements relating to this subject matter are superseded by this agreement and incorporated herein.