Terms & Conditions

Welcome to CopeMember Technology Ltd.

Thanks for using our products and services (“Services”). The Services are provided by CopeMember Technology Ltd., located at Unit 201, Level 1, Gate Avenue – South Zone, Dubai International Financial Centre. By using our Services, you are agreeing to these terms. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://copemember.com/imprint/ website and the mobile application (the “Service”) operated by CopeMember Technology Ltd. (“us”, “we”, or “our”). 

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

You are bound by your offer for a period of two working days at our registered office. Within this period of time we can declare acceptance of your offer. 

Our offer is subject to self-delivery. If the ordered goods are not available for reasons that we could not have foreseen when the contract was concluded and we are not supplied by a supplier through no fault of our own, we have the right to withdraw from the contract. In this case, we will inform you immediately that delivery is not possible and will immediately reimburse you for any purchase price you have already paid. This right only applies to consumers within the meaning of § 13 BGB if we have concluded a specific hedging transaction for the execution of the contract and were surprisingly not supplied by the supplier through no fault of our own.

The customer’s general terms and conditions do not become part of the contract unless their validity is expressly agreed to.

1. Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer notice, and any or all Agreements: “Client”, “You” and “Your” refer to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us” refer to our Company. “Party”, “Parties” or “Us” refers to both the Customer and ourselves, or either the Customer or ourselves.  Any use of the above terminology or other words in the singular, plural, capital letters and/or plural, and/or these terms, is considered interchangeable and therefore a reference to them. 

2. Deliveries abroad

We only deliver products that are provided in physical form to delivery addresses in Germany, Austria and Switzerland. For buyers in other countries, we offer collection services in Berlin,Germany.

3. Contract language, storage of the contract text and correction of entered data

Contract language is German/English.

With our order confirmation or, at our option, with the delivery of the goods, you shall send the signed contract on a durable medium (e-mail or paper printout) to us..  

Data entered as part of an order process can be corrected before the order is sent using the browser’s back button. Furthermore, there is a possibility of correction if this is pointed out on the respective page of our shop.

4. SaaS Products

Saas products are products that have a time-limited right to use software over the Internet or by means of an app.

You do not acquire any direct usage rights from CopeCart for SaaS products, but CopeCart only grants you the right to be able to request the transfer of the corresponding usage rights from the specified manufacturer without separate remuneration. The SaaS product is provided by the manufacturer.

CopeCart does not become a contractual partner with regard to the specific use of the SaaS product. Any claims due to the SaaS product must therefore be asserted directly against the manufacturer, who becomes your contractual partner in this respect.

5. Partial Deliveries

We are entitled to make partial deliveries if a contract for the delivery of several items has been concluded and it is possible and reasonable for you to use the items individually according to their purpose according to the circumstances recognizable at the time the contract was concluded. Additional shipping costs will not be charged in this respect.

6. Fees, installment payments

The due date of fees is based on the statutory provisions. If the customer has been granted installment payments, our claim against the end customer arising from the respective contract shall become due immediately if the end customer is more than 30 days in arrears with the payment of an installment.

7. Passing of risk upon delivery to entrepreneurs

If you are an entrepreneur according to § 14 BGB (German Civil Law, Section 14) , the risk of accidental loss and accidental deterioration of the purchased goods passes when the item is delivered to the freight forwarder, carrier or other person or institution responsible for carrying out the shipment.

8. Warranties

You are entitled to the statutory claims if you are a consumer within the meaning of Section 13 of the German Civil Code.

If you are an entrepreneur within the meaning of § 14 BGB  (German Civil Law, Section 14), we are responsible for the choice of supplementary performance, taking into account the legal limits. The limitation period for warranty claims is one year. This period does not apply to liability for damage due to defects; the provisions on liability apply in this respect. For claims for damages based on a refused subsequent performance, the statutory limitation periods only apply if the subsequent performance has been requested within the period for claims for defects, which has been reduced to one year.

9. Liability

In the event of a simple negligent breach of essential contractual obligations, the amount of liability is limited to foreseeable and contract-typical damage. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose observance the injured party may regularly rely. The limitation period for claims under this paragraph is one year if the other party is not a consumer within the meaning of § 13 BGB (German Civil Law, Section 13).

In all cases, CopeMember Technology Ltd. will not be liable for any loss or damage that is not reasonably foreseeable.

However, CopeMember Technology Ltd. does not exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your legal rights as a consumer are affected or waived by these Terms & Conditions.

10. Retention of Title

The delivered goods remain our property until the final and complete payment of the invoice.

11. Cancellation policy for the acquisition of digital content and right of withdrawal

The Parties have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.

A Notice shall be sent to the other Party via email or any other electronic form expressed herein, 14 (fourteen days) prior to this Contract’s cancellation. You can use the attached sample revocation form for this, but this is not mandatory.

However, the Damaged Party can terminate this Agreement with immediate effect, in case the other Party breaches this Agreement or its terms and conditions.

11.1 Consequences of revocation

If you revoke this contract, we will refund to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), within fourteen days from the day on which we received the notification of your cancellation of this contract or upon receipt back of the product/service/s (physical only, not digital) delivered to you (if any) in the same condition which was/were delivered from us, unless there is a dispute between the Parties for the same or a Court order issued otherwise. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

You, as the Customer, shall guarantee that within 14 (fourteen) days from the date of the cancellation Notice, will remit back to us all the product/s/or service/s that have been delivered to you till that date, in the same conditions which was/were previously delivered to you.

11.2 Expiration of the right of withdrawal

The right of cancellation expires in the case of a contract for the delivery of digital content that is not on a physical medium if we have started to perform the contract after you have expressly consented to us starting to perform the contract before the cancellation period has expired, and your knowledge that you will lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.

12. Cancellation policy for the purchase of goods to be delivered

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of cancellation, you must send us a clear statement (e.g. a letter sent by post or an email) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

13. Consequences of revocation

If you revoke this contract, we shall remit back to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

14. Cancellation policy for services

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of cancellation, you must send us a clear statement (e.g. a letter sent by post or an email) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we shall remit back to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

15. Cancellation policy for contracts with free installment payments

Right of withdrawal

If you as a consumer (borrower) have concluded a free installment payment agreement with us, you have the following right of revocation: The borrower can revoke his contractual declaration within 14 days without giving reasons. The period begins after the conclusion of the contract, but only after the borrower has received this cancellation policy on a durable medium. To meet the cancellation deadline, it is sufficient to send the cancellation in good time if the declaration is made on a durable medium (e.g. letter or e-mail). The revocation should be sent to: CopeMember Technology Ltd., located at Unit 201, Level 1, Gate Avenue – South Zone, Dubai International Financial Centre, e-mail: info@copemember.com.

Special features for other contracts. If the Borrower revokes this Loan Agreement, he is also no longer bound by the Contract for the Acquisition of Digital Content or the Contract for the Acquisition of Services (hereinafter: Linked Contract). If the borrower has a right of revocation with regard to the associated contract, he is no longer bound to the loan agreement with the effective revocation of the associated contract. The regulations made in the associated contract and the cancellation policy issued for this are decisive for the legal consequences of the cancellation.

Consequences of revocation

If you revoke this contract, we shall remit back to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. 

You shall guarantee that you will remit back to us the goods immediately and in any case no later than fourteen days from the day on which you inform us about the cancellation of this contract.. The deadline is met if you send back the goods before the period of fourteen days has expired. In this case you, as Customer;

Bear the direct costs of returning the goods.

Are liable to remit back the good/s/service/s in the same shape/form, etc. as was delivered to you.

Are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Expiration of the right of withdrawal

The right of cancellation expires in the case of a contract for the delivery of digital content that is not on a physical medium if we have started to perform the contract after you have expressly consented to us starting to perform the contract before the cancellation period has expired and your knowledge have confirmed that you will lose your right of withdrawal through your consent at the beginning of the execution of the contract.

16. No right of withdrawal for admission tickets

Pursuant to Section 312 g, Paragraph 2, Clause 1, No. 9 of the German Civil Code, there is no statutory right of withdrawal for the purchase of admission tickets.

17. Model withdrawal form

If you want to revoke the contract, please fill out this form and send it back.

To CopeMember Technology Ltd.

Gialousas 63

3071 Limassol

Cyprus

Telephone: +49 30 88789294

E-mail: info@copemember.com

1. I hereby revoke( n) I/we (*) the contract concluded by me/us (*) for the purchase of the following goods(*)/ the provision of the following service (*) 

2. Ordered on (*)/received on (*)

3 Name of consumer(s)

4. Address of consumer(s)

  • 5. Signature of consumer(s) (only if notification is on paper)
  • 6. Date(*)

Please delete where not applicable.

18. Granting of Rights

The Parties confirm that CopeMember Technology Ltd shall have the sole and exclusive right to any IP or copyrights arising from the contractual relationship and any assignment of rights to you is excluded.

You are prohibited from selling, sharing or reproducing…etc  CopeMember Technology Ltd IPs.

All the IP rights shall be in accordance and protected by the German Copyright Act and WIPO (World Intellectual Property Organization).

19. Data Protection and data erasure

Where either Party collects, processes, uses, transmits or discloses the personal data of the other Party or, without limitation, the other Party’s employees, customers or clients, in connection with the implementation of these Terms, such Party shall comply with the provisions of the relevant data protection laws and regulations of Germany (German Data Protection Act) and EU General Data Protection Regulation (GDPR).

You have the right to request that personal data concerning you be deleted. We are obliged to delete personal data within 1 (one) month upon receipt of your request, if the relevant requirements of Art. 17 GDPR are met. For details, we refer to Art. 17 GDPR.

Upon termination of this Agreement, the Parties shall delete, erase, destroy all the data that have been received from each-other for completion of this contractual relationship.

20. Confidentiality (added clause)

“Confidential Information” means any information, technical data, or know-how, including, but not limited to, that which relates to research, product plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances.  In addition, the parties agree that the existence of this agreement, as well as the fact that the Client is pursuing a potential relationship with the Contractor, shall be considered Confidential Information. Confidential Information does not include information, technical data or know-how which;

(i) is in the possession of the receiving party at the time of disclosure as shown by the receiving party’s files and records immediately prior to the time of disclosure; 

(ii) prior or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any inaction or action of the receiving party; 

(iii) is approved for release by the disclosing party in writing; 

(iv) received from a third party not known to the Receiving Party to be under any obligation of confidentiality to the Disclosing Party, or 

(v) is independently developed by the receiving party.

21. Non-Disclosure of Confidential Information. (added clause)

The Parties agree not to use the Confidential Information disclosed to it by the other party for its own use or for any purpose except to carry out discussions concerning, and the undertaking of, any business relationship between the two parties. 

Neither party will disclose any Confidential Information of the other party to third parties except, those directors, officers, employees, consultants and agents who are required to have the information in order to carry out the discussions of the contemplated business; and who are obligated to maintain the confidentiality of the Confidential Information. 

Each party agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the other party in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized hereunder to have any such information, which measures shall include the highest degree of care that either party utilizes to protect its own Confidential Information of a similar nature.  

Each party agrees to notify the other party in writing of any misuse or misappropriation of such Confidential Information of the other party, which may come to its attention.

The Parties shall limit disclosure of Confidential Information to those of its employees who have “reason to be exposed to it” as determined in the parties’ business judgment being mindful of the concerns of disclosure articulated herein and then only to those of its employees who have agreed in writing to abide by the non-disclosure requirements of this Agreement. Any such Confidential Information shall be protected by the recipient from disclosure to others with at least the same degree of care as that which is accorded its own proprietary information, but in no event with less than reasonable care. This obligation shall not prevent the “Parties” from using or disclosing to others information already known to it, or information independently developed by it, nor shall this obligation prevent the “Parties” from developing or marketing any product which is developed without reliance on the Confidential Information. 

The Parties and their representatives may give Third parties access to Confidential Information of the other party only subject to the other party’s prior written approval and only subject to the third party signing a written non-disclosure agreement pursuant to the rules of this Agreement.

Notwithstanding the cessation of discussions or the successful completion of a potential business relationship, Confidential Information,shall remain confidential pursuant to the terms and provisions of this Agreement for a unlimited period following the signing date of this Agreement. All Trade Secrets shall be safeguarded by the recipient as required by this Agreement in perpetuity or for so long as such information remains a Trade Secret under applicable law, whichever occurs first.

22. Out-of-court dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution at https://ec.europa.eu/consumers/odr/.

We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

23. Governing Law and Jurisdiction

The following applies to consumers within the meaning of § 13 BGB: The contract is solely subject to the law of the Federal Republic of Germany. Indispensable legal regulations that are applicable at the place of residence of the user who is a consumer remain unaffected. If the user does not have a general place of jurisdiction in Germany or in another EU member state, the place of jurisdiction for all disputes arising from this contract is our registered office.

The following applies to entrepreneurs within the meaning of § 14 BGB: The contract is solely subject to the law of the Federal Republic of Germany. International private law does not apply insofar as it is mandatory. The sole place of jurisdiction for all disputes in connection with this agreement is our registered office. We are entitled to sue our contractual partner at one of his legal places of jurisdiction.

This Agreement is governed and construed in accordance with the German laws. GIS (German Arbitration Center)shall have exclusive jurisdiction to hear and determine any dispute in relation to this Terms & Condition or Agreement related with the same (mentioned herein) and shall be binding upon the parties hereto in Germany and worldwide.

24. Severability Clause

  • Should individual provisions of these general terms and conditions be or become invalid in whole or in part, the remaining provisions shall remain unaffected, unless one of the contracting parties would be so unreasonably disadvantaged through the omission of individual clauses that it can no longer be expected to adhere to the contract .