Terms and conditions

tripuls media innovations GmbH (hereinafter “PREISmonitoring.de”, “we”, “us”),
Zu den Sandbeeten 5, 35043 Marburg, Germany, kontakt@preismonitoring.de
As at 1 January 2023

• “Customer” refers to a company that uses the services of PREISmonitoring.de either for a fee or as part of a trial subscription.
• “User” means a recipient of data on the part of the Customer.
• “Data” refers to the service provided by PREISmonitoring.de as part of a service package. Data may include, for example, retail prices, delivery costs, delivery status, lists or other information relating to a product or service.
• “Service package” refers to the specific scope of a data subscription. In particular, the service package includes specifying the products or services for which the customer requires data, the online shops or online marketplaces from which the data originates, and the frequency at which it is to be provided.
• “Source” refers to a web shop or an online marketplace. PREISmonitoring.de collects data from the sources specified by the customer.

PREISmonitoring.de collects information about products and services in online shops and on online marketplaces and makes this available to its customers for a usage fee. Customers can subscribe to access this data on a monthly basis. The specific scope of data access is determined by the service package to which the customer subscribes. Unless otherwise specified, the publicly available data collected by PREISmonitoring.de is not collected exclusively for a single customer. Optionally, data may also be collected from non-public sources (e.g. wholesaler portals), provided the customer is authorised to do so and possesses the relevant access credentials. In this case, such data collection is carried out exclusively for the customer. Optionally, PREISmonitoring.de may also provide the customer with price recommendations in addition to the collected data. Optionally, PREISmonitoring.de may also, upon request, perform work for the customer outside the scope of the service packages (“other services”). Other services are invoiced separately on a monthly basis, either according to a quotation or following approval, against an hourly timesheet.

PREISmonitoring.de provides the collected data in up to three formats: 

1. Reporting via email to the user (file format: CSV or XSLX)
2. Web dashboard per user
3. Data transfer via SFTP or REST interface 

Unless otherwise agreed, the data is provided via email. Access to the web dashboard or the SFTP and REST interfaces is governed by the specific service package.

Unless otherwise agreed, the term of a service package is one month. The contract is automatically renewed for a further month unless notice of termination is given four weeks before the end of the term. Changes to the service package can be made on the first day of the month, subject to one month’s notice. Changes to the service package may affect the subscription fee. They can be requested via PREISmonitoring.de customer service or another suitable channel (e.g. web dashboard). Depending on the scope of the planned change, PREISmonitoring.de reserves the right to a longer implementation period.

When retrieving data from online shops and marketplaces, disruptions may occur, for example due to system changes or maintenance work at the source being queried. In such cases, PREISmonitoring.de reserves the right to delay delivery by up to three working days. PREISmonitoring.de endeavours to make the necessary adjustments as quickly as possible to enable data collection from a source to resume following a change. Should a source not be, or no longer be, accessible to PREISmonitoring.de, the customer may choose an alternative source or withdraw from this service package. Scheduled maintenance work on the part of PREISmonitoring.de that could lead to an interruption in data delivery will be announced in good time in advance. PREISmonitoring.de is neither able nor obliged to verify the accuracy of the data collected and passed on to the customer. No warranty is given as to the accuracy and completeness of the data.

PREISmonitoring.de bears unlimited liability for defects in title and for the absence of warranted characteristics. Liability under the Product Liability Act remains unaffected. 

PREISmonitoring.de shall be liable for slight negligence in relation to material contractual obligations or in the event of delay or impossibility of performance. In such cases, compensation shall be limited to 20% of the monthly contract sum. PREISmonitoring.de shall not be liable for damages which could not reasonably have been anticipated at the time the relevant service package was commissioned. Unusual and unforeseeable damages are excluded from liability.

PREISmonitoring.de stores the customer’s data required for the initiation and processing of the contract in accordance with our privacy policy. Both contracting parties shall treat as confidential any information marked as such that comes to their attention in the course of the contract.

The contracting parties agree that German law shall apply to all legal relationships arising from this contractual relationship. German law shall also apply to cross-border transactions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The registered office of PREISmonitoring.de is agreed as the place of performance for all mutual obligations arising from the contract. The registered office of PREISmonitoring.de is also agreed as the place of jurisdiction.

Should any provision of these Terms and Conditions be or become invalid, the remaining provisions shall remain in full force and effect. The contracting parties shall replace the invalid provision with a valid one that most closely reflects the economic intent of the contracting parties.