Terms and Conditions

These Terms and Conditions (hereinafter: "Sponsorshape Terms and Conditions") govern the use of the website (Sponsorshape.com), services, local and mobile applications, and apps of Sponsorshape (hereinafter collectively: "Sponsorshape Services"). Certain functionalities and options may not be available on all Sponsorshape Services or may require the registration of a Sponsorshape account.

The contractual partner of a user is Sponsorshape with its registered office at Mirbachstr.16 Bonn, Germany

 

Cancellation policy

If you use Sponsorshape as a consumer, the following applies to you:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the conclusion of the contract.

In order to exercise your right of cancellation, you must inform us by post, telephone, or e-mail by means of a clear declaration (e.g. a letter sent by post, fax, or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.

In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

 

Consequences of revocation

If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged a fee because of this repayment.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of withdrawal about this contract compared to the total scope of the services provided for in the contract.

 

Sample cancellation form

(If you wish to cancel the contract, please fill in and return this form).

  • To Sponsorshape Mirbachstr.16, 53173 Bonn:
  • I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
  • Ordered on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only in the case of a notification on paper)
  • date

(*) Delete as applicable.

 

General provisions

  • 1. Description of services
    1. By means of the Sponsorshape services, Sponsorshape offers a marketplace on which natural persons and legal entities and partnerships (hereinafter: "Users") can offer (in this capacity hereinafter: "Seller") and purchase (in this capacity hereinafter: "Buyer") sports advertising services of all kinds (hereinafter: "Services") and publish other content, provided that their offer, purchase or publication does not violate legal provisions or these Sponsorshape GTC. Sponsorshape itself does not offer any services and does not become a contractual partner of the contracts concluded exclusively between the users of this marketplace.
    2. Sponsorshape promotes the sponsorshape services and provides other sponsorshape companies and third parties with access to the users' content for this purpose so that they can promote the content on websites, in software applications, and e-mails.
    3. Sponsorshape has the right to technically process services and contents of users in such a way that they can also be displayed on mobile devices or software applications of Sponsorshape or third parties. The services and contents of users can also be accessed via the Sponsorshape services of other countries. Certain excerpts of services may be automatically translated for this purpose.
    4. Sponsorshape only carries out limited checks on the data entered during registration. Despite various security precautions, it can therefore not be ruled out that incorrect contact details have been entered for a Sponsorshape account or that these have changed in the meantime.
    5. Services and contents of users published by means of the sponsorshape services do not represent the opinion of sponsorshape and are generally not checked by sponsorshape for their legality, correctness, and completeness.
    6. Sponsorshape may make the use of the sponsorshape services or individual functions of the sponsorshape services or the extent to which individual functions can be used subject to certain conditions, such as verification of registration data, duration of use, account type (private/commercial), the status of the valuation profile (including detailed seller valuations), payment behaviour or dependent on the presentation of certain proofs (e.g. proof of identity, purchase, payment or ownership).
    7. Sponsorshape reserves the right to change the order on its marketplace, as far as this is reasonable for the users considering the legitimate interests of sponsorshape.
    8. The entitlement of users to use the sponsorshape services exists only within the framework of the current state of the art. Sponsorshape temporarily restricts its services if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical measures, and this serves the proper or improved provision of the services (maintenance work). In these cases, Sponsorshape takes into account the legitimate interests of the users, such as by providing advance information. § 8 of these Sponsorshape GTC remains unaffected by the above provision.
    9. If an unforeseen system failure impedes the use of the Sponsorshape services, the users will be informed appropriately.
    10. Bids that end during the maintenance work described in § 1 para. 8 or during the system breakdown described in § 1 para. 9 will not be extended, even though bidding or buying is not possible during this time. Credit notes for fees will not be issued.
  • 2. Registration and Sponsorshape account
    1. The use of the Sponsorshape services as a seller requires the registration as a user. Registration takes place by opening a Sponsorshape account and agreeing to these Sponsorshape GTC and the Sponsorshape privacy policy. With the registration, a contract on the use of the Sponsorshape services (hereinafter: "user contract") is concluded between Sponsorshape and the user. A claim to the conclusion of a usage contract does not exist.
    2. Only legal entities, partnerships, and natural persons with unlimited legal capacity are permitted to register.
    3. The data requested by Sponsorshape during registration must be provided completely and correctly. No value-added service number may be given as a telephone number and no P.O. Box may be given as an address. Users who use the Sponsorshape services in the exercise of their commercial or self-employed professional activity are obliged to open a commercial Sponsorshape account and to supplement their registration data with the legally required information.
    4. The registration of a legal entity or partnership may only be made by a natural person authorised to represent the company, who must be named. Only individual persons may be specified as the holder of the Sponsorshape account when registering.
    5. If the data provided changes after registration, the user is obliged to update the information in his Sponsorshape account immediately.
    6. Users must keep their password secret and carefully secure access to their Sponsorshape account. Users are obliged to inform Sponsorshape immediately if there are indications that a Sponsorshape account has been misused by third parties.
    7. If a buyer pays for purchased services by direct debit, credit card, or on account (if available) and the payment is processed via PayPal, the PayPal payment conditions apply.
    8. A Sponsorshape account is not transferable.
    9. Sponsorshape reserves the right to delete sponsorshape accounts of incomplete registrations after a reasonable time.
  • 3. Use of the Sponsorshape services, prohibited services, and content
    1. It is the responsibility of the user to ensure that his services, including the images used, as well as his other content are lawful and do not infringe the rights of third parties.
    2. It is forbidden to offer or advertise services on Sponsorshape whose offer, sale, or purchase violates legal regulations, the rights of third parties, or morality. Sponsorshape reserves the right to tie the sale of certain services to conditions that go beyond the legal regulations.
    3. It is forbidden to manipulate the prices of own or third-party services by using multiple sponsorshape accounts or in cooperation with other users.
    4. It is forbidden to manipulate the search functions of the Sponsorshape services.
    5. Sellers must post their services in the appropriate category and describe them correctly and completely with words and pictures. All properties and features essential for the purchase decision as well as defects that reduce the value of the offered service must be truthfully stated. In addition, full information must be provided about the terms of payment.
    6. For technical reasons, it is possible that services cannot be found immediately after they have been posted via the category search or with the help of search terms. If a user does not make a selection, the order of his search results is based on various factors, e.g. region, type of sport, number of search queries, remaining time, and price.
    7. The service description, as well as the images used, may only refer to the services offered. Advertising for services not offered on Sponsorshape is not permitted. Sellers may not use any seals of approval, guarantee marks, or other symbols of third parties in the context of the use of the Sponsorshape services unless Sponsorshape authorises such symbols.
    8. The price of the respective services is understood to be the final price including any value-added tax and other price components.
    9. Sellers are not allowed to collect sponsorshape fees, PayPal fees, or commissions from buyers in addition to the selling price.
    10. Users may not use addresses, e-mail addresses, and other contact data obtained through the use of the Sponsorshape services for any purpose other than pre-contractual and communication purposes. In particular, it is prohibited to resell this data or to use it for sending advertising, unless the respective user has expressly consented to this in advance or has not objected to it in accordance with the applicable legal provisions.
    11. Users are responsible for archiving, on a storage medium independent of Sponsorshape, information accessible through the Sponsorshape Services and stored by Sponsorshape for evidence, recordkeeping, or other purposes.
    12. Users may not block, overwrite or modify content generated by Sponsorshape or other users or otherwise interfere with the Sponsorshape services, particularly if doing so could place an undue burden on the Sponsorshape infrastructure.
  • 4. Sanctions, blocking, and termination
    1. Sponsorshape can take the following measures if there are concrete indications that a user violates legal regulations, rights of third parties, or the sponsorshape terms and conditions or if sponsorshape has another legitimate interest, in particular, to protect users from abusive activities:
      1. Deletion of bids, services, ratings, or other content
      2. Warning users
      3. Delay in the publication of services and other content
      4. Restriction of the use of the Sponsorshape services
      5. Withdrawal of special status
      6. Temporary blocking
      7. Final blocking
    2. When choosing a measure, Sponsorshape will take into account the legitimate interests of the user concerned, in particular, whether there are indications that the user is not responsible for the infringement. Sponsorshape may permanently exclude a User from using the Sponsorshape Services (permanent exclusion) if
      1. he has repeatedly received negative ratings or low detailed ratings and the blocking is necessary to ensure the security of business transactions.
      2. he provided false contact information.
      3. he transfers his Sponsorshape account or grants third parties access to it.
      4. he causes significant harm to other users or Sponsorshape.
      5. he repeatedly violates these Sponsorshape Terms and Conditions.
      6. there is another important reason.
    3. Once a user has been permanently banned, there is no right to have the banned Sponsorshape account or review profile restored.
    4. Users can terminate this user contract at any time
    5. Sponsorshape can terminate the user contract at any time with a notice period of 14 days to the end of the month. The right to block remains unaffected by this.
    6. As soon as a user has been blocked or the user contract has been terminated by Sponsorshape, this user may no longer use the Sponsorshape services with other Sponsorshape accounts and may not register again. A blocking or termination does not affect the validity of contracts already concluded on the Sponsorshape marketplace.
  • 5. Fees
    1. Sponsorshape charges fees to the seller for offering services and for the use of additional options. If a service is sold, the seller has to pay a sales commission to Sponsorshape. The amount of the individual fees, as well as the sales commission, depends on the current fee schedule. This can be viewed in the creation process of advertising services.
    2. The individual fees as well as the sales commission are due for payment immediately and can be settled via the payment methods accepted by Sponsorshape. Fees for separate services will be invoiced in advance. If the collection fails, the user has to reimburse Sponsorshape for the additional costs incurred, as far as he is responsible for the failure.
    3. Sponsorshape will invoice the accrued fees and sales commissions at the end of the auction. Sponsorshape informs the seller by email about the provision of the respective invoice. The Seller can retrieve the complete invoice in his Sponsorshape account.
    4. Sellers are in default without further reminder after 30 days after notification of the invoice amount.
    5. Sellers and buyers are prohibited from the following business practices:
      1. Efforts to circumvent or circumvent Sponsorshape's fee structure.
      2. Offers to instruct buyers not to buy, but to contact the seller to complete the purchase outside of Sponsorshape.
      3. Offering practices that target a sale outside of Sponsorshape.
      4. Offers with low starting prices but disproportionately hidden costs.
      5. Offers where the highest bid submitted or the fixed price quoted is not the final price of the item offered.
      6. Offers in which the purchase of further services is required in addition to the actual service.
      7. Links to online catalogues and brochures from which sponsorship services can be ordered directly.
      8. Contact during an auction by the buyer with the seller to purchase a service from the seller past Sponsorshape.
      9. The seller ends the offer prematurely, as the desired price will probably not be reached.
      10. Neither seller nor buyer may charge a separate fee for insurance. However, you must ensure that your services are provided as described.
      11. The decision as to whether a violation of the prohibitions has occurred lies solely with Sponsorshape. An appropriate examination will be carried out.
    6. A breach of a prohibition may result in one or more of the following consequences:
      1. Deletion of active (and already terminated) offers and want ads
      2. Restriction of the use of the Sponsorshape marketplace (i.e. buying or selling is no longer possible)
      3. Temporary or permanent exclusion from the Sponsorshape marketplace
    7. Sponsorshape reserves the right to charge an expense fee for the deletion of services or other content or the blocking of users, insofar as the user is responsible for the violation unless the user proves that no damage or a significantly lower amount of damage has been incurred. Likewise, Sponsorshape may charge a reasonable fee for the reactivation of a blocked Sponsorshape account.
    8. Sponsorshape may change the fees and sales commissions at any time. Price changes will be communicated to users in good time before they take effect.
  • 6. Offer formats and conclusion of the contract
    1. Sponsorshape provides the users with a variety of offer formats and functions in order to initiate or conclude contracts using the Sponsorshape services.
    2. If a seller places a service in the auction or fixed-price format using the Sponsorshape services, he makes a binding offer to conclude a contract for this service. In doing so, he determines a starting or fixed price and a period within which the offer can be accepted (offer period). If the seller sets a minimum price in the auction format, the offer is subject to the condition precedent that the minimum price is reached.
    3. In the case of fixed-price services, the purchaser accepts the offer by clicking on the "Direct Sponsorship" button and then confirming it. In the case of fixed-price services, the buyer accepts the offer by clicking the "Buy Sponsoring Package" button and completing the immediately following payment process. The buyer can also accept offers for multiple services by placing the services in the shopping cart (if available) and completing the immediately following payment process.
    4. In the case of auctions, the buyer accepts the offer by submitting a bid. Acceptance is subject to the condition precedent that the buyer is the highest bidder after the expiry of the offer period. A bid expires if another buyer submits a higher bid during the bidding period.
    5. In the event of premature termination of the offer by the seller, a contract shall be concluded between the seller and the highest bidder, unless the seller was entitled to withdraw the offer and cancel the existing bids.
    6. Buyers can only take back bids if there is a legitimate legal reason to do so.
    7. After a justified bid withdrawal, no contract is concluded between the user, who is again the highest bidder after the auction has expired due to the bid withdrawal, and the seller.
    8. The buyer is generally obliged to pay in advance. Unless otherwise agreed between the Buyer and the Seller, the purchase price is immediately due and payable by the Buyer via the payment methods offered by the Seller. Sponsorshape reserves the right to limit the payment methods available to a Buyer for risk management purposes.
    9. Sellers must be in a position to provide the services offered to the buyer without delay after the conclusion of the contract.
    10. If a service is deleted by Sponsorshape before the expiration of the offer period, no effective contract between buyer and seller is concluded.
  • 7. Valuations
    1. Users can rate each other after the execution of a transaction and publicly available. Ratings are not verified by Sponsorshape and may be inaccurate or misleading.
    2. Users are obligated to provide only truthful information in the reviews they submit. The reviews submitted by users must be factual and may not contain any abusive criticism.
    3. Any improper use of the rating system is prohibited. In particular, it is prohibited:
      1. To give ratings about themselves or to have them given by third parties.
      2. Include in valuations circumstances unrelated to the settlement of the transaction in question.
      3. Use valuations for any purpose other than trading through the Sponsorshape Services.
      4. To coerce other users into action, acquiescence, or omission by threatening to submit or not to submit a rating.
    4. In case of a violation of the regulations mentioned in § 7 Sponsorshape reserves the right to delete these ratings or to block user accounts from which the violations originate.
  • 8. Limitation of liability
    1. Sponsorshape is liable according to the statutory provisions for intent and gross negligence of Sponsorshape, its legal representatives, executive employees, or other vicarious agents. The same applies to the assumption of guarantees or other strict liability as well as to claims under the Product Liability Act or in case of culpable injury to life, body, or health. Sponsorshape is liable for simple negligent breaches of essential contractual obligations caused by Sponsorshape, its representatives, executives, and simple vicarious agents, i.e. such obligations on the fulfillment of which the user regularly relies and may rely on the proper performance of the contract, in this case, however, limited to the amount of the typically arising, foreseeable damage.
    2. Any further liability of Sponsorshape is excluded.
    3. Insofar as the liability of Sponsorshape is excluded or limited, this also applies in favour of the personal liability of its legal representatives, executive employees, and simple vicarious agents.
  • 9. Exemption
    1. The user indemnifies Sponsorshape from all claims that other users or other third parties assert against Sponsorshape due to infringement of their rights by services and other content posted by the user via the Sponsorshape services or due to his other use of the Sponsorshape services. In this case, the user shall bear the costs of the necessary legal defence of Sponsorshape, including all court and legal fees in the statutory amount. This does not apply if the user is not responsible for the infringement. In the event of a claim by a third party, the user is obliged to provide Sponsorshape immediately, truthfully, and completely with all information that is necessary for the examination of the claims and a defence.
  • 10. Final provisions
    1. To perform the Contract and exercise Sponsorshape's rights under this Contract, Sponsorshape may use other Sponsorshape companies.
    2. Sponsorshape is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks.
    3. Sponsorshape reserves the right to amend these Sponsorshape GTC at any time and without stating reasons. The amended terms and conditions will be sent to the users by e-mail at least four weeks before they come into force. If a user does not object to the validity of the new Sponsorshape GTC within four weeks after receipt of the e-mail, the amended Sponsorshape GTC shall be deemed accepted. Sponsorshape will separately inform the user of the possibility of objection and the significance of these four weeks in the e-mail containing the amended terms and conditions.
    4. Should individual provisions of these Sponsorshape GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of provisions of these Sponsorshape GTC that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties will enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.
    5. All declarations made within the framework of the user agreement concluded with Sponsorshape must be made in writing or by e-mail.
    6. The contract of use including these Sponsorshape GTC is subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Place of jurisdiction is Hamburg.
    7. For users who are merchants in the sense of the German Commercial Code, a special fund under public law or a legal entity under public law, Hamburg is the exclusive place of jurisdiction for all disputes arising from the user agreement, and these Sponsorshape GTC.
    8. For users who are consumers, the place of jurisdiction is Hamburg. For all disputes arising from the user contract and these Sponsorshape T&Cs, the additional place of jurisdiction for consumers domiciled in Germany is Hamburg, for consumers domiciled in Austria Vienna, and for consumers domiciled in Switzerland Bern.