Terms and Conditions
1.1 M&P CAPITAL INVESTMENTS operate online marketplace ("Marketplace Apps") “oPeppers” that may be available as native apps for operating systems like Android or iOS or on standard or mobile web; and (ii) develop and provide other services and products. In these terms we refer to M&P CAPITAL INVESTMENTS and its corporate affiliates as "M&P CAPITAL INVESTMENTS" or "we "or "us." We refer to end users as "you" and the entities that list and sell products and services as "Merchant(s)".
1.2 The Marketplace Apps allow sellers ("Merchants" or “Vendor”) to set up stores that list and sell Product (“Products”) to end users. When you purchase a product, the contract for sale is solely between you and the Merchant. That means that when you purchase a Product on a Marketplace App or portal your transaction is with the Merchant who listed the Product and the Merchant is responsible for fulfilling your order.
2. Conclusion of Contract; Registration
2.1 You can access, save and print out the current Terms during the registration process and at any other time on our website. We do not store this contract text after conclusion of the contract.
2.2 M&P CAPITAL INVESTMENTS is your contract partner when using the Services. In order to make full use of the Services, including viewing and purchasing Products in the Marketplace, you must create an account ("Register"). If you buy a Product, the Merchant is your contractual partner for the purchase.
2.3 You make a binding offer for the use of the Services by Registering. Registration occurs when you supply an email address and a password or sign up using Facebook or Google, including allowing us to access certain data associated with your social network account.
2.4 The contract for the use of our Services is concluded when we send a welcome message to the e-mail address you provided to us as part of the registration process ("Conclusion of Contract") after receipt of your offer. This confirmation e-mail represents our acceptance of your offer.
3.1 M&P CAPITAL INVESTMENTS operates marketplaces that allow Merchants and users to share information and complete purchases. Merchants “Vendors” are responsible for their stores, their Product, their Product listings (including original or strike-through prices), and the processing and shipping of your order. Merchants may be located in your country or region or elsewhere. If they are located elsewhere, this may have an effect on taxes, customs or the applicability of consumer protection or data protection rules. Please note, Products offered through the Marketplace are sold by Merchants, not by M&P CAPITAL INVESTMENTS.
3.2 Each final price is determined by or based on a price supplied by the Merchant offering a Product for sale. Merchants provide the other information in the Product listings, including any strike-through prices. Merchants “Vendor” are obligated to provide accurate information, but M&P CAPITAL INVESTMENTS is not able to guarantee the truth or accuracy of the information in Product listings.
3.3 Although we are not a party to the contract formed between you and a Merchant “Vendor” when you purchase a Product, we may assist with payment processing, returns, refunds, and other customer service. M&P CAPITAL INVESTMENTS does not guarantee (i) the existence, quality, safety, suitability, or legality of any Merchant Products or Product listings; (ii) the truth or accuracy of any Product listing, description or other content provided by Merchants; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of any Merchant or third party. Except if we clearly indicate otherwise, M&P CAPITAL INVESTMENTS does not endorse any Merchant, Product, or Product listing. You should make any investigation you feel is appropriate before making a purchase from a Merchant. Please read labels, warnings and directions provided with a purchased Product before using or receiving it.
3.4 Please check all details and any restrictions regarding a Product thoroughly before you place your order with the Merchant. With regard to any requests for services, please note that it is solely your responsibility (or the responsibility of the person receiving the services) to inform the Merchant of any medical or health conditions and/or special needs that may affect or be affected by the services (including, but not limited to, information regarding allergies and health problems).
4. User Requirements and User Obligations
4.1 You may be required to create an account, and select a password and user name. You promise to provide us with accurate, complete, and up-to-date information about yourself. Where M&P CAPITAL INVESTMENTS requires that you provide an email address, you are responsible for providing M&P CAPITAL INVESTMENTS with your most current email address. You are obliged to keep your registration information, including your e-mail address, up to date and inform us about changes without undue delay by updating this information in your user account. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
5. Rules & Restrictions
5.1 You may only use the Services for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with applicable M&P CAPITAL INVESTMENTS policies and all laws that apply to you. If your use of the Services (including a purchase of any Products on the Services) is prohibited by any applicable laws, then you aren't authorized to use the Services.
5.2 You may not share your account or password with anyone, and you must protect the security of your account and your password. You must notify M&P CAPITAL INVESTMENTS immediately of any unauthorized use of your password or any other breach of the security of your account. You're responsible for any activity associated with your account.
5.3 You must not create multiple accounts and you must not let others use your account.
5.5 When accessing or using the Services, you agree to:
Abide by all laws, rules, regulations, these Terms, and all M&P CAPITAL INVESTMENTS policies;
Only purchase Products you are legally allowed to purchase in your jurisdiction;
Only use (or attempt to use) the Services through interfaces provided by oPepper; and
Comply with the instructions in any robots.txt file present on the Services.
5.6 When accessing or using the Services, you agree not to:
Infringe or violate the intellectual property rights or any other rights of anyone else (including M&P CAPITAL INVESTMENTS);
Violate these Terms, M&P CAPITAL INVESTMENTS policies, or any law or regulation, including any applicable export control laws;
Engage in activity that is deceptive, threatening, defamatory or obscene;
Circumvent any terms, policies, or rules set forth on the Services including those relating to any promotion, contest or program on the Services;
Collect personal data from users of the Services or use any such information found on the Services;
Engage in activity that jeopardizes the security of your account or anyone else's (such as allowing someone else to log in to the Services as you);
Attempt, in any manner, to obtain the password, account, or other security information from any other user;
Use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity, your affiliation with any person or entity;
Violate the security of any computer network, or crack any passwords or security encryption codes;
Run Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
"Crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
Schedule, request, or otherwise solicit services from a Merchant where you do not intend to follow through with the receipt of, or payment for, such services, or where you do not meet the Merchant’s requirements as stated in the service description; or
Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section 5.6, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
7. User Submissions
7.1 Anything you post, upload, share, store, or otherwise provide through the Services is a "User Submission." User Submissions may include suggestions, comments, ideas, improvements, or other feedback or materials, and may be viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.
7.2 For all User Submissions, you hereby grant M&P CAPITAL INVESTMENTS free of charge a royalty-free, perpetual, non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify (e.g. for technical purposes, such as making sure your submission is viewable on an iPhone as well as a computer), create derivative works, perform, distribute, translate or otherwise act with respect to such User Submissions as we determine is necessary to operate, market and advertise the Services, including to present display or perform such User Submission in accordance with your preferences.
7.3 M&P CAPITAL INVESTMENTS will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit the User Submissions in any manner.
8. Ratings, Reviews and other User Feedback
8.1 M&P CAPITAL INVESTMENTS enables you to generate ratings and reviews, photos, videos or other content about Products and stores on the Marketplace Apps ("Feedback"). Feedback is intended to enable other users to get a meaningful picture of the Product or store.
8.2 Feedback may only contain truthful information. Feedback must be in accordance with the law and may not violate the rights of third parties, in particular personal rights, trademark rights, or copyrights, as well as data protection regulations. You agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business or Product; (ii) you will not provide a rating or review for any business or Product with respect to which you have a competitive, ownership or other economic interest, employment relationship, or other affiliation; (iii) you will prominently indicate if your review was sponsored or paid for in any way; and (iv) your review will comply with these Terms.
8.3 Any use of the feedback system contrary to the foregoing paragraphs is prohibited. In particular, you are prohibited from including in Feedback information unrelated to the performance of the underlying Product, store, or contract or from using Feedback for any purpose other than the evaluation of the Product or store.
8.4 If you abuse the feedback system, M&P CAPITAL INVESTMENTS is entitled to remove the Feedback taking your legitimate interests into account, in particular your right to freedom of expression. This applies particularly if:
M&P CAPITAL INVESTMENTS is legally obliged to remove the Feedback, e.g. due to a court ruling;
the Feedback contains vulgar, obscene, racist, not youth-free or in the criminal sense insulting statements;
the Feedback contains personal data, e.g. name, address, telephone number, and/or e-mail-address;
the Feedback contains inappropriate links or scripts, e.g. with harmful content;
the Feedback contains inappropriate advertising for third parties; or
the Feedback for a Product contains irrelevant information not related to the Product, e.g. customer service of the store, shipping of the product, or site usability issues.
8.5 Ratings and reviews and photos, videos, or other content about Products and stores ("Feedback") posted by users on our Services are User Submissions that are not endorsed by M&P CAPITAL INVESTMENTS and do not represent the views of M&P CAPITAL INVESTMENTS. M&P CAPITAL INVESTMENTS does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. We reserve the right to exclude such Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.
9.1 The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content and/or (ii) in a way that violates someone else's (including M&P CAPITAL INVESTMENTS's) rights.
9.2 oPepper and the O logo are trademarks of M&P CAPITAL INVESTMENTS Inc., registered in the U.S. Patent and Trademark Office and in other countries. All rights reserved.
9.3 You understand that M&P CAPITAL INVESTMENTS owns or licenses the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
9.4 Subject to your compliance with these Terms, including payment of any applicable fees, M&P CAPITAL INVESTMENTS or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services.
10.1 We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing such intellectual property rights, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
11.1 Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk.
11.2 You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
11.4 M&P CAPITAL INVESTMENTS has no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, M&P CAPITAL INVESTMENTS will not and cannot monitor, verify, censor, or edit the content of any third-party website or service.
11.5 Your interactions with organizations and/or individuals found on or through the Services, including communications, payment, delivery, and performance of Products, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. You agree to take reasonable precautions in all communications and interactions with these third parties and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person and receive services from a Merchant.
11.6 If there is a dispute solely between participants on this site, or solely between users and a third party, you agree that M&P CAPITAL INVESTMENTS is under no obligation to become involved.
12. Costs and Fees
12.1 It is currently free to access and browse the Marketplace and sites and other aspects of the Services. However, you may choose to purchase Products through the Services from Merchants, and you alone will be responsible for paying the purchase price of any Products you buy, in addition to any applicable taxes and shipping costs, if any. M&P CAPITAL INVESTMENTS is not your contract partner when purchasing Products from Merchants (Vendor). As tax rules evolve, M&P CAPITAL INVESTMENTS may calculate and collect taxes applicable to some purchases. In the event a Merchant needs to make a change to your order, M&P CAPITAL INVESTMENTS will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order at the Merchant was made.
12.2 By confirming your purchase, you agree to pay all applicable fees, taxes, and other amounts associated with your use of the Services. Further, you acknowledge your responsibility for VAT and customs duties. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize oPepper to appoint a freight forwarding agent to act as your direct representative and pay any VAT and customs duties on your behalf. Please note that VAT, customs duties, and similar charges collected at the time of purchase are estimated values and may be subject to change depending on local laws. If additional amounts are assessed, you are responsible for them. oPepper (M&P CAPITAL INVESTMENTS) cannot be liable if a Product is delayed or denied customs clearance as a result of your failure to pay such amounts.
13. Refunds, Exchanges and Related
13.1 We want you to be satisfied with your purchase on the Services. Therefore, in accordance with our Refund & Returns Policy, we offer you a special possibility for refunds and returns if you have a problem with an order or purchase. However, this does not limit your statutory withdrawal or warranty rights with the Merchant from which you bought your products. Please contact us as described in the Refund & Returns Policy.
13.2 You agree that: (i) M&P CAPITAL INVESTMENTS may, in accordance with its Refund & Returns Policy, issue a refund to resolve any problems with your order, including the contents of a Product listing or the Product’s delivery, condition, or quality; and (ii) if you wish to pursue any other remedy, you must seek that remedy directly from the applicable Merchant. Except as described in the Refund & Returns Policy, M&P CAPITAL INVESTMENTS cannot refund, reimburse, cover, or otherwise be responsible for any fees not paid to M&P CAPITAL INVESTMENTS, including, without limitation, customs, taxes or VAT as well as any return shipping costs you may incur in a return or refund process.
14. Term; Termination
14.1 This agreement runs for an indefinite period of time.
14.2 You're free to stop using the Services at any time. Any unpaid amounts you owe Merchants for Products purchased will remain due. M&P CAPITAL INVESTMENTS is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms upon two weeks' notice. If you or M&P CAPITAL INVESTMENTS terminates your use of the Services or your account, you are still entitled to receive any services scheduled prior to termination.
14.3 The right to terminate this agreement for good cause remains unaffected.
14.4 Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
15. Changes to Terms or Services
15.1 M&P CAPITAL INVESTMENTS has the right to change the contractually agreed services and these Terms if and to the extent that this is necessary for a valid reason that could not have been foreseen at the time the contract was concluded, and this change is reasonable for the user, in particular because the relationship between performance and counter performance does not significantly change to your disadvantage.
15.2 M&P CAPITAL INVESTMENTS will provide appropriate notice regarding changes to the Services or these Terms ("Notice of Changes").
15.3 In the event of changes to the contractually agreed services and these Terms, you have the right to terminate this contract in text form at the time the changes take effect.
15.4 Changes to the contractually agreed services and these Terms are deemed approved by you if you do not expressly object to them after receipt of the Notice of Changes. M&P CAPITAL INVESTMENTS specifically draws your attention to this legal consequence, the commencement of the period, the period and the date on which the change takes effect. In the absence of such notice or if it is incomplete, the lack of objection does not constitute acceptance of the changes.
15.5 If you object to the changes, M&P CAPITAL INVESTMENTS has the right to terminate this contract in text form at the time the changes take effect.
16.1 Your statutory warranty rights apply to the Services.
16.2 You are responsible for the regular storage of any data or information obtained through the Services.
17. Limitation of Liability
17.1 To the extent permitted by applicable law, M&P CAPITAL INVESTMENTS limits or excludes its liability for: (i) your use of the Services, including any downtime or periods of unavailability; (ii) products, information or other content provided by third parties; (iii) the use of products purchased from Merchants; or (iv) any indirect, consequential or special damages. If M&P CAPITAL INVESTMENTS has any liability to you, then to the extent permitted by applicable law you agree that: (i) you shall take reasonable measures to limit any damages incurred; and (ii) M&P CAPITAL INVESTMENTS's liability shall be limited to those damages that were a foreseeable and direct result of its conduct. Except for liability for death or personal injury caused by M&P CAPITAL INVESTMENTS, M&P CAPITAL INVESTMENTS's liability shall not exceed the greater of (i) the aggregate amount of your purchases on the Marketplace Apps in the six (6) months preceding the event on which your claim is based; or (ii) 500 Euro.
17.2 If your habitual residence is in Germany, the following provisions apply regarding M&P CAPITAL INVESTMENTS's liability (if any). To the extent there is a conflict between the following provisions and the other provisions of this Section 19, the following provisions shall control:
M&P CAPITAL INVESTMENTS is liable for intentional or gross negligence as well as for injury to life, body or health caused by its conduct.
In an event of slight negligence, M&P CAPITAL INVESTMENTS is liable only for breaches of a material contractual obligation. A material contractual obligation in the meaning of this provision is an obligation whose fulfilment makes the implementation of this contract possible in the first place and of which the contractual partner may therefore generally rely.
In a case where M&P CAPITAL INVESTMENTS is liable according to clause 19.2(b), (i) M&P CAPITAL INVESTMENTS is not liable for any lack of commercial success, lost profits and indirect damages; (ii) M&P CAPITAL INVESTMENTS's liability is limited to the typical and foreseeable damages at the time the agreement was concluded and you agree to take reasonable measures to mitigate any damages that you incur; and (iii) In the event of loss of data the liability of M&P CAPITAL INVESTMENTS is limited to the costs that would have been incurred if you had properly backed up the data.
These limits on liability apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of M&P CAPITAL INVESTMENTS.
17.3 Any mandatory liability on the part of M&P CAPITAL INVESTMENTS is unaffected by this section 17.
18.1 Electronic Communications
Notices or declarations can be made in text form, including by email. The communication between M&P CAPITAL INVESTMENTS and you takes place electronically, e.g. by emails, texts, mobile push notices, or notices and messages on the Services. If you wish to provide M&P CAPITAL INVESTMENTS formal notice via email, the message(s) must be sent to firstname.lastname@example.org and must include the words "Legal Notice" in the subject line.
We may transfer, assign, or delegate these Terms and our rights and obligations with prior notice to you.
18.3 Force Majeure
Should the parties be prevented from fulfilling their contractual obligations by force majeure such as natural disasters, war, terrorism, industrial disputes, sovereign orders or other circumstances which are beyond their control or the prevention of which cannot be achieved with reasonable technical or economic effort, the parties are released from their contractual obligations as long as these circumstances and their consequences have not been finally eliminated. In all the above-mentioned cases of release from performance, the parties are not entitled to claim damages unless the party claiming force majeure is at fault.
18.4 Consumer Complaints
The European Commission provides an online dispute resolution platform, which you can reach at http://ec.europa.eu/odr. M&P CAPITAL INVESTMENTS is not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration body.