0 Introduction
ECE Marketplaces GmbH & Co. KG (hereinafter referred to as "ECE"), with its registered office at Heegbarg 30, 22391 Hamburg, Germany, manages a large number of shopping centers (hereinafter referred to as "ECE-Centers") in Germany and outside Germany via its respective ECE sister companies (hereinafter referred to as "ECE-Country Company"). Within the scope of the management of the ECE-Centers concerned, the ECE/ECE-Country Company is also responsible for the processing of the property-related lease agreements in the name of and on behalf of the property companies concerned (hereinafter referred to as "Lessor"). Within the scope of the lease administration, the ECE/ECE-Country Company offers the lessees of the ECE-Centers (hereinafter referred to as “Lessee”) free access to a personal area (hereinafter referred to as "Account") in the online portal (hereinafter referred to as "ECE-Retailerportal") under the internet address https://retailerportal.ece.com.Via the ECE Retailerportal, the Lessee can access services (see section 1 below) relating to the lease. The use of the ECE Retailerportal is only possible if the Lessee has accepted these Terms of Use accordingly. After the Lessee has agreed to these Terms of Use, a usage agreement is concluded between the Lessee and ECE – and outside Germany with the relevant ECE-Country Company (cf. list of the ECE-Country Companies) (hereinafter referred to as “Usage Agreement”). The Terms of Use can be viewed by the Lessee via the ECE Retailerportal and can also be downloaded there. The use requires an internet connection, which may be associated with costs for the Lessee - according to the contractual regulations with his internet provider. These costs are to be borne by the Lessee. These Terms of Use exclusively govern the use of the ECE Retailerportal . The provisions of the lease contract between Lessor and Lessee shall not be amended by these Terms of Use, so that they shall continue to apply in full in the relationship between Lessor and Lessee. Regarding an ECE-Center outside Germany, the service within the framework of the ECE Retailerportal for the respective country is provided by the ECE-Country Company listed below:
- Denmark: RGC Management A/S, with registered office at c/o Rosengårdcentret Ørbækvej 75, 5220 Odense SØ
- Austria: ECE Projektmanagement Austria GmbH, with registered office at Albertgasse 35/1, 1080 Vienna
- Poland: ECE Projektmanagement Polska Sp. z o. o., with registered office at ul. Przeskok 2, 00-032 Warszawa
- Czech Republic: ECE Projektmanagement Praha s.r.o., ID no.: 654 13 695, with registered office at Na Příkopě 859/22 (Slovanský dům), 110 00 Praha 1
- Hungary: ECE Projektmanagement Budapest Kft., with registered office at Örs vezér tere 25/a, 1106 Budapest
1 General
The following services are offered through the ECE Retailerportal:1.1 Turnover report
According to the provisions of the lease contract, the Lessee is obliged to report its property-related turnovers (excluding VAT). the ECE Retailerportal offers the service Sales Report via which the Lessee can transmit the respective turnover reports owed under the lease contracts. Depending on the Lessee´s choice, turnovers can be reported centrally for several stores (in the respective ECE-Centers) via a main account or for individual or several leases via store accounts. The transmission/entry of the relevant turnovers via the ECE Retailerportal is carried out by one or more person(s) designated by the Lessee to ECE - or outside Germany to the relevant ECE-Country Company - (see also Clause 2).1.2 Turnover analyses and comparisons
Via the ECE Retailerportal, the Lessee can compare the turnover trends (in %) of the Lessee's own registered stores with the average turnover trend (in %) of the relevant branches in the ECE-Center concerned. The composition of the branches is derived from the menu on the website, where the turnover trend can be accessed. The average sector development also includes the Lessee's turnovers. For legal reasons, an average branch turnover trend can only be displayed to the Lessee, if at least four stores of the relevant branch (including the Lessee's store) have reported turnover figures for the respective reporting date in the ECE-Center concerned and one of the reporting stores does not account for more than 75 % of the corresponding total monthly turnover of the displayed branch index. The average branch trend does not include turnover made by branch members but not reported. For Lessees who only have to report turnover on a quarterly basis, monthly values are calculated and applied on the basis of the average value of the previous quarter, which can lead to inaccuracies in the displayed average branch sales development. The turnover performance of other individual lessees or stores is not displayed to the Lessee.1.3 E-Invoicing
The Lessee can store e-mail addresses for accounting correspondence (invoices/credit notes, as well as e.g. turnover rent calculations, index adjustment letters, reminders, etc.) via the ECE Retailerportal . The Lessee will then no longer receive the corresponding correspondence by paper mail, but electronically by e-mail (e-invoicing) to the specified address(es). In addition, there is still an obligation to receive accounting correspondence in paper form in the event of technical or formal difficulties with transmission by e-mail. The Lessee undertakes to keep the e-mail address(es) entered by it up to date and to ensure receipt of documents to the specified e-mail address(es) on its side. The E-Invoicing function is not yet available for ECE-Centres in Hungary, meaning that the above provision on E-Invoicing does not apply to the relevant ECE-Centres in Hungary.2 User
The Lessee can create and manage additional accounts via the ECE Retailerportal . In doing so, he enables further employees or authorized persons to use the service of the ECE Retailerportal on his behalf (hereinafter referred to as “User”). These Users must also agree to these Terms of Use. When creating additional Users, the Lessee can transfer his existing rights in full or to a limited extent in each case. The Lessee and the User shall each ensure that the access data to the ECE Retailerportal is kept safe from access by third parties, that third parties are not granted access to the ECE Retailerportal and that the ECE Retailerportal is used exclusively within the scope of the purpose of this Usage Agreement. In particular, the Tenant shall oblige the Users in accordance with the provisions of this Usage Agreement. In particular, the Lessee also obligates each User to use the Account exclusively via the access data assigned to him and to keep the access data safe from access by third parties. The Lessee shall be responsible for the content posted in his ECE Retailerportal Account. The ECE/ECE-Country Company shall not be responsible for checking the content for completeness, correctness, legality, up-to-dateness, quality and suitability for the purpose specified in the rental agreement. The Lessee is obliged to maintain confidentiality with regard to general information on ECE-Centers provided on the ECE Retailerportal by the ECE/ECE-Country Company (such as information on average branch turnover figures) and may not pass this information on to third parties without the prior written consent of ECE/ECE-Country Company. The Lessee shall impose a duty of confidentiality on the User with respect to information obtained by the User through the use of the ECE Retailerportal before the User commences its activities as a User. The User shall always observe the confidentiality obligation under these Terms of Use. The Lessee shall immediately deactivate the User's account in the ECE Retailerportal when a User ceases to act as a User. The Lessee also obligates all Users before the start of their activity to delete all access data to the Account at the latest at the time of their termination of their activity as User.3 Duties of the ECE/ECE-Country Company
The ECE/ECE-Country Company will endeavor to keep the ECE Retailerportal permanently available without errors for the term of use. If faults occur, the ECE/ECE-Country Company shall endeavor to remedy the situation as soon as possible. The sales reported via the Account shall be stored on data carriers by the ECE/ECE-Country Company in compliance with the relevant statutory regulations.4 Duration/termination of the Usage Agreement
The Usage Agreement in relation to the ECE Retailerportal ends when the account is deleted by the Lessee or ECE/ECE-Country Company. Deletion is possible at any time. ECE/ECE-Country Company may also terminate the Usage Agreement at any time by discontinuing the operation of the ECE Retailerportal as a whole. ECE/ECE-Country Company shall inform the Lessee thereof with reasonable advance notice. In the event of termination of the Usage Agreement, ECE/ECE-Country Company shall ensure that the transmitted turnovers are saved on data carriers and continue to be available to the Lessee even after termination of the ECE Retailerportal, but at the longest only until the annual statement of turnover - audited and signed by an auditor or tax advisor - relevant for the final calculation of the annual turnover rent is available in accordance with the provisions of the lease contract for the relevant calendar year.5 Privacy
The personal data of the User collected by the ECE/ECE-Country Company - within the scope of the registration/use of the ECE Retailerportal - will only be collected, stored and processed to the extent required for the contractual provision of services and permitted by statutory provisions. The ECE/ECE-Country Company will treat this data confidentially and in accordance with the provisions of the respective data protection law (relevant place of the ECE-Center concerned) and will not pass it on to third parties.For further information on data protection, please refer to our Privacy Policy.