Your SlideShare is downloading. ×
Brochure & Order Form_Latin America B2C E-Commerce Report 2012
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Brochure & Order Form_Latin America B2C E-Commerce Report 2012

309
views

Published on

Published in: Business

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
309
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
6
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Latin America B2C E-Commerce Report 2012December 2012 Provided by RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions December 2012Publication Date December 2012Language EnglishFormat PDF & PowerPointNumber of Pages/Charts 184Covered Countries Top Country: Brazil Additional Countries: Argentina, Chile, Colombia, Ecuador, Mexico, Paraguay, Peru, Uruguay, Venezuela Price Single User License: € 3,450 (excl. VAT) Site License: € 6,900 (excl. VAT) Global Site License: € 10,350 (excl. VAT) -1- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 2. Latin America B2C E-Commerce Report 2012Key Findings Covering 10 Latin American Countries • The most purchased online product categories in Latin America in July 2012 were “Apparel and Accessories”, “Computer Electronics”, and “Music, Movies or Videos”. • In 2011, Brazil accounted by far for the highest share of B2C E-Commerce sales in Latin America. • In December 2011, Mercado Libre was the most engaging website in the Brazilian B2C E-Commerce market, in terms of the time spent on the website, followed by Lojas Americanas and Magazine Luiza. • It is expected that almost half of all Internet users in Argentina will shop online in 2016. • New payment options were helping consumers in Mexico to buy online even if they do not have credit cards.Company and Product Information About our Reports Market reports by yStats.com inform top managers about recent market trends and assist with strategic company decisions A list of advantages • yStats.com provides secondary market research: By using various sources of information we ensure maximum objectivity for all obtained data. As a result companies get a precise and unbiased impression of the market situation. • The analyses, statistical reports and forecasts are only based on reliable sources including national and international statistical offices, industry and trade associations, business reports, business and company databases, journals, company registries and news portals. • Our international employees research and filter all sources and translate relevant information into English. This ensures that the content of the original studies is correctly interpreted. • yStats.com delivers all research results as PowerPoint files. All data can therefore be used directly for board presentations or be individually adapted. • If required, yStats.com provides in-depth analysis for all research projects. Simply send us a request. About yStats.com • yStats.com has been committed to research up-to-date, objective and demand-based data on markets and competitors from various industries since 2005. • Headquartered in Hamburg, Germany, the firm has a strong international focus and is specialized in secondary market research. • In addition to reports on markets and competitors, yStats.com also carries out client-specific research. • Clients include leading global enterprises from various industries including B2C E-Commerce, electronic payment systems, mail order and direct marketing, logistics as well as banking and consulting. -2- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 3. Latin America B2C E-Commerce Report 2012Table of Contents (1 of 4) 1. MANAGEMENT SUMMARY 3. BRAZIL (Top Country) • B2C E-Commerce Trends, 2012 2. LATIN AMERICA: REGIONAL • B2C E-Commerce Trends, 2011/2012 • Cross-Border international Online Shopping Trends, • Breakdown of B2C E-Commerce Sales, by Country, 2011/2012 in %, 2011 • Internet Usage and B2C E-Commerce Trends among • B2C E-Commerce Sales, by Country, in USD million, Seniors, 2011/2012 2005-2011 • B2C E-Commerce Trends on Valentine‘s Day and • B2C E-Commerce Sales in selected Countries, Mother‘s Day, 2012 in USD billion, 2010-2016f • Breakdown of B2C E-Commerce Sales in • Reach of E-Commerce related Website Categories, Latin America, by Country, in %, 2011 by Category, in % of Internet Users, April 2012 • Breakdown of Online Shopping Frequency, • How Online Shoppers start their Online Purchasing in % of Online Shoppers, April 2012 Process, in %, July 2012 • Time spent between Online Research and • Most important Factors when Shopping Online, Online Purchase, Voting from 1 to 4, 2012f by Time Range and Product Category, • Online Payment Trends, 2011 in % of Online Shoppers, March 2012 • Purchased Online Product Categories, • Main Reasons not to shop Online, in % of Online Shoppers, July 2012 by Product Category, • Internet User Penetration, by Country, incl. Shipping in % of Internet Users, July 2012 in % of Individuals and in % Growth, • Preferred Payment Methods, January 2011 & January 2012 in % of Online Shoppers, 12 Months to May 2012 • Breakdown of Internet Users, • B2C E-Commerce Delivery Trends, 2011/2012 by Country and Age Group, in %, January 2012 • M-Commerce Trends, 2011/2012 and • Online Shopper Penetration in selected Countries, Share of Consumers using Mobile Phones in in % of Internet Users, 2010-2016f Purchasing Process, in %, 2011 • Online Shopper Penetration, by Country, • Mobile Payment Market Trends, 2012 in % of Internet Users, 2011 • B2C E-Commerce Sales, in USD billion, 2007-2011 • Social Network User Penetration in selected • B2C E-Commerce Sales, in USD billion, 2010-2015f Countries, in % of Internet Users, 2010-2014f • B2C E-Commerce Sales, in BRL billion, 2010-2013f • Online Travel Site Use, by Region and Country, in Minutes spent per Visitor and in % Reach, • B2C E-Commerce Sales, in BRL billion, June 2012 H1 2011 & H1 2012 • Online Travel Sales, • Online Travel Sales, compared to the other in USD billion and in % annual Growth, 2010-2016f BRIC Countries, in USD billion, 2010-2016f • Mobile Internet Penetration, by Country, • Share of B2C E-Commerce on total Retail Sales, in % of Consumers, 2010-2012f in %, 2011 & 2016f • M-Commerce Trends, 2012 and • Share of M-Commerce on total E-Commerce Sales, Share of M-Commerce on total in %, H1 2012 & 2013f B2C E-Commerce Sales, in %, July 2012 • Purchased Online Product Categories, in % of Online Shoppers, April 2012 -3- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 4. Latin America B2C E-Commerce Report 2012Table of Contents (2 of 4) 3. BRAZIL (Top Country) (cont.) 4. ARGENTINA • Purchased Online Product Categories, by Gender, • Internet Activities, in % of Internet Users, Q1 2012 in % of Online Shoppers, April 2012 • Reasons against Online Shopping, in %, Q1 2012 • Purchased Mobile Product Categories, • Average per Capita Retail and in % of Mobile Shoppers, May-June 2012 B2C E-Commerce Spending, in ARS, 2004-2011 • Internet Users, compared to other BRIC Countries, • Social Network User Penetration, in millions and in % Change, July 2011 & July 2012 in % of Internet Users, 2010-2014f • Breakdown of Internet Users, by Age Group, in %, • B2C E-Commerce Sales, in ARS billion, 2004-2011 January 2012 • B2C E-Commerce Sales, in USD billion, 2007-2011 • Mobile Internet Users, • B2C E-Commerce Sales, in USD billion, 2010-2016f in millions and in % of Population, 2010-2016f • Breakdown of Internet Users, by Age Group, in %, • Online Shoppers, January 2012 in millions and in % of Internet Users, 2010-2015f • Online Shoppers, in millions, 2007-2011 • Online Shopper Penetration, by Age Group, in % of Internet Users, April 2012 • Online Shoppers, in % of Internet Users, 2010-2016f • Breakdown of unique Visitors to Retail Category Websites, by Age Group, in %, December 2011 • Share of Online Shoppers on Internet Users, in %, Q1 2006 & Q1 2012 • Breakdown of unique Visitors to Retail Category Websites, by Region, in %, December 2011 • Leading B2C E-Commerce Players, 2012 • Leading B2C E-Commerce Players, 1-10, 2012 • Leading B2C E-Commerce Players, 11-20, 2012 5. CHILE • Most engaging B2C E-Commerce Sites, compared to total Retail, in Average Minutes, • B2C E-Commerce Trends, 2012 Average Pages and Average Visits per Visitor, • B2C E-Commerce Trends, 2012 and December 2011 Share of Online Shoppers on Internet Users, in %, • Mercado Libre: Profile 2012f • Mercado Libre: Net Revenues and Year-on-Year • M-Commerce Trends, 2011 Revenue Growth, in USD million and in %, • B2C E-Commerce Sales, in USD billion, 2007-2011 Q3 2011-Q3 2012 • E-Commerce Sales, in USD billion, 2010 & 2011 and • Mercado Libre: Key Performance Metrics in Breakdown of E-Commerce Sales into Goods and Latin America, in USD, Persons, Items and %, Services, in %, 2011 Q3 2011 & Q3 2012 • Internet Users, in millions, June 2012 & June 2015f • Lojas Americanas: Profile • Breakdown of Internet Users, by Age Group, in %, • Magazine Luiza: Profile January 2012 • News about Amazon in Brazil, October 2012 • Online Shoppers, in % of Internet Users, • News about Otto Group in Brazil, 2012 2010 & 2011 • Top Travel Domains/Websites, by Unique Visitors, • Leading B2C E-Commerce Players, 2012 in thousands, July 2012 • Ranking of Retail Websites, in %, June 2012 • Ranking of Group Discount Websites, in %, June 2012 -4- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 5. Latin America B2C E-Commerce Report 2012Table of Contents (3 of 4) 6. COLOMBIA 8. MEXICO (cont.) • E-Commerce Trends, 2011/2012 • Online Spending in Terms of disposable Income, • Online Activities, in % of Internet Users, 2011 compared to other Countries, • Breakdown of E-Commerce Sales, by Type of Sale, in % of Online Shoppers, January-February 2012 in %, 2011 • Online and Mobile Payment Trends, 2011/2012 • B2C E-Commerce Sales, in USD million, 2007-2011 • Payment Methods for Online Shopping, • E-Commerce Sales, in USD billion, 2011 & 2012f in % of Online Shoppers, 2011 & 2012f • Internet Users, • Locations where Smartphone Users go Online via in millions and in % of Country Population, Smartphone, in % of Respondents, March 2012 2010 & 2011 • Social Network User Penetration, • Breakdown of Internet Users, by Age Group, in %, in % of Internet Users, 2010-2014f January 2012 • F-Commerce Use, in % of Internet Users, 2011 • Online Shoppers, in thousands, 2011 & 2012f • B2C E-Commerce Sales, • Online Shopper Penetration, by City, in % of Internet Users, 2011 in USD billion and in % annual Growth, 2008-2012f • Leading B2C E-Commerce Players, 2012 • B2C E-Commerce Sales, in USD billion, 2007-2011 • B2C E-Commerce Sales, in USD billion and in % annual Growth, 2010-2016f 7. ECUADOR • E-Commerce Sales (B2C and C2C), in USD billion and in % annual Growth, 2011-2017f • B2C E-Commerce Trends, 2012 • Share of Online Retail on total Retail Sales, • Internet Users, in USD billion and in %, 2010 & 2016f in millions and in % of Country Population, 2008-2011 • Share of Travel on total B2C E-Commerce Sales, in %, Q2 2012 • Online Shopper Penetration, by Country, incl. Ecuador, in % of Internet Users, 2011 • Purchased Online Product Categories, in % of Online Shoppers, 2011 & 2012f • Internet Users, in millions and in % annual Growth, 8. MEXICO 2006-2011 • B2C E-Commerce Trends, 2012 • Internet Penetration, by Region, in % of Inhabitants, 2011 • Internet Access, by Device, in % of Internet Users, 2011 • Breakdown of Internet Users, by Gender, in %, 2011 • Internet Activities, in % of Internet Users, 2011 • Breakdown of Internet Users, by Age Group, in %, • Shopping-related Reasons for Internet Usage, in %, 2011 2011 • Breakdown of Internet Users, by Age Group, in %, • Reasons for Online Shopping, in % Online Shoppers, January 2012 2012f • Online Shopper Penetration, in % of Internet Users, • Reasons against Online Shopping, 2010-2016f in % of Internet Users, 2012f • Online Shopper Penetration, in % of Internet Users, • B2C E-Commerce, by Mexican and foreign Websites, 2010 & 2011 in % of Online Shoppers, 2010-2012f • Breakdown of Online Shoppers, • Average per Capita B2C E-Commerce Spending, by Age Group and Gender, in %, 2012f in % of Online Shoppers, 2010-2012f -5- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 6. Latin America B2C E-Commerce Report 2012Table of Contents (4 of 4) 8. MEXICO (cont.) 11. URUGUAY • Online Shopping Frequency, in %, 2010-2012f • Internet Activities, in % of Internet Users, • Leading B2C E-Commerce Players, 1-10, 2012 June 2012 • Reasons against Online Shopping, • Leading B2C E-Commerce Players, 11-20, 2012 in % of Individuals never having shopped Online, • Distribuidora Liverpool S.A.: Profile June 2012 • Mercado Libre S.A.: Profile • Purchased Online Product Categories, • Mercado Libre: Net Revenues and Year-on-Year in % of Online Shoppers, June 2012 Growth Rates, in USD million and in %, • Internet User Penetration, in % of Individuals, Q3 2011-Q3 2012 2008-2010 & 2012f • Mercado Libre: Key Performance Metrics in • Internet User Penetration, by Gender, Latin America, in USD, Persons, Items and in %, in % of Individuals, June 2012 Q1 2012 & Q3 2012 • Internet User Penetration, by Age Group, in % of Individuals, June 2012 • Location of Internet Use, by Location, in % of Internet Users, June 2012 9. PARAGUAY • Breakdown of Mobile Internet Usage, in % of Internet Users, June 2012 • Internet Usage Trends, 2011 and Weekly Internet Use, by Age Group, in Hours, December 2011 12. VENEZUELA • Internet Activities, in % of Internet Users, 2012f • E-Commerce Sales and Growth, in PYG billion, • B2C E-Commerce and Internet Usage Trends, 2010-2012f 2011/2012 • Internet Penetration, in % of Individuals, • Online Activities of Internet Users, 2011/2012 & 2012/2013f in % of Internet Users, 2011 • Reach of E-Commerce related Website Categories, by Category, in % of Internet Users, April 2012 10. PERU • B2C E-Commerce Sales, in USD billion, 2008-2012 • Reach of Retail Subcategories, by Subcategory, • Key Online Categories, compared to Global, in % in % of Internet Users, April 2012 Internet Users, January 2012 • Internet Users, • B2C E-Commerce Sales, in millions and in % of Country Population, in USD million and in % annual Growth, 2005-2011 2007-2011 • Online Retail Category Reach, by Category, • Growth in Internet Users, compared to other selected Countries, in %, in % Internet Users, January 2012 April 2012 vs April 2011 • Share of Internet Users, in % of Individuals, • Breakdown of Internet Users, January 2011 & January 2012 by Age Group and Gender, in %, 2011 • Breakdown of Internet Users, by Age Group, in %, • Breakdown of Internet Users by Age Group, in %, January 2012 January 2012 • Leading Retail Sites, • Leading Retail Websites, by Audience Reach, in % Reach and in Average Minutes per Visitor, in % of Internet Users, April 2012 January 2012 • Leading Travel Websites, by total Unique Visitors, in thousands, April 2012 -6- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 7. Latin America B2C E-Commerce Report 2012 Samples RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions After credit cards, “Boleto” was the most preferred payment method of online shoppers in Brazil in the 12 months leading to May 2012. Brazil: Preferred Payment Methods, in % of Online Shoppers, 12 Months to May 2012 Boleto 35% Debit Card 7% Cash-on-Delivery 3% 0% 10% 20% 30% 40% 50%  The most popular payment method of online shoppers in Brazil in the 12 months leading to May 2012 was credit card. Note: Boleto is an electronic invoice payment method in Brazil Source: NIC, May 2012 32 RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions In 2012, the average Chilean household is expected to spend USD 158 (EUR 125) a year shopping online, with Falabella being a leading shop. Chile: B2C E-Commerce Trends, 2012 and Share of Online Shoppers on Internet Users, in %, 2012f  As of mid-2012, Chile’s B2C E-Commerce market had Share of Online Shoppers on Internet Users, a value of USD 749 million. in %, 2012f  On average, every household in Chile has four credit cards that can be used for online shopping. Do not shop Online  Furthermore, an average of USD 158 a year are spent 30% shopping online by Chilean households.  One reason for Chile’s strong online shopping figures is the country’s good technology infrastructure.  Regarding online retailers, the local players Falabella and Cencosud represent a combined market share of 39% and US giant Wal-Mart holds a further 20%. The Shop Online latter aims at becoming the largest online retailer in 70% Chile by 2017. Source: CNBC, June 2012 75 -7- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com
  • 8. Latin America B2C E-Commerce Report 2012 Report Order Form REPORT ORDER FORM PlacE YOuR ORDER as FOllOws Call us at + 49 40 39 90 68 50 Fax us at + 49 40 39 90 68 51 using the form below Scan and Email us at order@ystats.com using the form below cHOOsE YOuR lIcENsE TYPE aND REPORTs Please confirm the license type you require:  Single User License  Site License1  Global Site License2 Report Title Publication Date Price (€) aN INvOIcE wIll bE sENT TO YOuR cOMPaNY. PlEasE cOMPlETE YOuR cONTacT DETaIls. Title: Mr/Mrs/Ms First Name Last Name Job Title Company Email Address Telephone Number Fax Number Address City State/Province Country Post Code/ZIP Your Order is subject to our Terms & Conditions as attached hereto. All Forms must have a signature to confirm your order: Signature Where did you find us? EU Companies must supply VAT No  Google/Search Engine  Google Adwords/Online Advertising Purchase Order No (if required)  Article in Trade Journal  Press Release Order Date  Social Media  Recommendation Note: Reports are provided in electronic PDF form. yStats.com will contact you in the future to provide our free newsletter or 1) Site Licenses, allowing all users within a given geographical location of an organization to access the report, are available other mailings. If you do not wish to receive our newsletter or for double the price. other mailings, you may advise us of this. Your contact informa- 2) Global Site Licenses, allowing all worldwide users of an orga-  Others: ________________________ tion will not be sold to other organizations. nization to access the report, are available for triple the price. -8- LinkedIn XING Twitter Facebook Phone: +49 (0) 40Co. KG 68 50 yStats.com GmbH & - 39 90 Telefon: info@ystats.com +49 (0) 40 - 39 90 68 50 info@ystats.com www.twitter.com/ystats Fax: Behringstr. 28a, 22765 39 90 68 51 +49 (0) 40 - Hamburg Fax: www.ystats.com +49 (0) 40 - 39 90 68 51 www.ystats.com www.facebook.com/ystats
  • 9. Latin America B2C E-Commerce Report 2012 Terms and Conditions1. SCOPE entitled to access the report. In both cases, the term “organization” refers to the company of1.1 The following terms and conditions apply to our entire contract (the “Contract”) between the specific customer only and excludes any third parties including affiliates. yStats.com GmbH Co. KG (hereinafter also referred to as “we” or “us”) with our customers 4.4 e must expressly be named as the author of any data the customer processes further as W regarding (i) research services, (ii) the purchase of reports, and (iii) any other contracts contractually negotiated. between us and our customers executed by reference to these terms and conditions (any 5. TECHNICAL INFORMATION reports and other services and products which we may make available to the customer under 5.1 e shall provide our Products in standardized data formats. W a Contract hereinafter the “Products”). 5.2 The customer must ensure that he has the corresponding technical resources to make use of1.2 Any terms and conditions of our customers are hereby expressly rejected. Agreements con- these data. The customer may not derive any claims in this connection on grounds of breach trary to these terms and conditions require our written confirmation. In case of deviations of obligation. between these terms and conditions and the contents of the Order Forms, the contents of 6. DEFECTS AS TO QUALITY the Order Form shall prevail. 6.1 o claims for defects as to quality are triggered by insignificant discrepancies between our N2. OFFERS, ORDERS products and services and the warranted quality or fitness for use.2.1 ith respect to research services, we usually submit an offer to the customer in the form of W 6.2 ikewise, no claims for defects as to quality may be derived from entrepreneurial risks – L a “Research Order Form” accompanied with a proposal stating the nature of the issue to be e.g., with regard to questions of entrepreneurial discretion, an erroneous assessment of the researched, the services to be rendered, the time required for the study and the fee due. market situation or the failure to recognize a business action’s merit.2.2 ith respect to the purchase of reports, we usually submit an offer to the customer in the W 6.3 Defect-based claims are further excluded in cases of excessive or improper use or in connec- form of a “Report Order Form” accompanied with product brochure stating the contents of tion with damages caused by extraordinary conditions not reflected in the Order Form. This the report and the fee due. In this respect, our customers may chose between two types of is also true in cases of subsequent changes made by the customers or third parties unless Products, namely (i) our Product “Market Reports” and (ii) our Product “Full Access Global such changes do not affect the analysis and removal of a given defect. E-Commerce Reports”. 6.4 laims for defects as to quality expire within one year from the commencement of the legal C2.3 f a customer orders our Product “Market Reports”, the customer gets access to the ordered I statute of limitation. This limitation does not apply to the extent that applicable law stipu- report as identified in the Report Order Form and the customer may use that report in accor- lates a longer period in cases of intentional or grossly negligent breaches of duty on the part dance with Section 4.3 below and the other provisions of the Contract. of us, fraudulent concealment of a defect and injuries to life, body and health.2.4 f a customer orders our Product “Full Access Global E-Commerce Reports”, the customer I 6.5 Claims for damages and the reimbursement of expenditures are further subject to Section 8. gets access to any standard reports (for the avoidance of doubt excluding reports published 7. LEGAL DEFECTS in connection with any research services) focussed on the “Internet E-Commerce” industry 7.1 e are liable for products and services infringing on third-party rights only if and to the W as generally published by us during the twelve (12) months prior to the execution of the extent that our products and services are used in accordance with the agreed contractual Contract and during the subscription term as identified in the “Report Order Form” as of the requirements. date of the execution of the Contract (i.e. one, two or three years), and the customer may 7.2 Unless agreed otherwise, our liability for the infringement on third-party rights is limited to use those reports as a “Global Site License” in accordance with Section 4.3 below and the the territory of the European Union and the European Economic Area as well as the place of other provisions of the Contract. its services’ proper use as agreed under the applicable Order.2.5 Unless expressly agreed otherwise in writing, the contents of our offers may not be made 7.3 the event that a third party asserts claims against the customer, alleging that a service In available in whole or in part to any third party outside the organization of the customer performed by us violates its rights, the customer shall promptly notify us. If a service without our prior written consent. rendered by us violates thirdparty rights, we shall choose one of the below actions, duly2.6 ur offers are not binding and subject to change without notice until acceptance by the O taking into consideration the customer’s interests: customer. Our orders will become legally binding upon acceptance by the customer. A valid a) procuring for the customer the right to use the service; acceptance requires the execution of our “Research Order Form” or our “Report Order Form” b) revising the service to render it free of legal violations; or respectively (each such document hereinafter the “Order Form”) by a duly authorized repre- c) ithdrawing the service and refunding to the customer any related compensation paid, w sentative of the customer and the submission of the Order Form to us via facsimile or email as adjusted by an adequate user fee, if we cannot effect another remedy at a reasonable with pdf-attachment. We will provide the customer with the access data required to access expense. the ordered Product(s) with two (2) days as of the execution of the Contract. 7.4 pon our request, the Customer shall assist us with the defense against claims according to U3. TERMS OF PAYMENT this section 7, with us reimbursing the Customer for any expenditures and costs incurred as3.1 he contractually negotiated prices are to be derived exclusively from the Order Form and/or T a result, although each of the Parties bears the costs of the use of its own personnel. the documents referenced therein. 7.5 Claims the Customer may hold for legal defects expire in accordance with Section 6.4.3.2 prices are net and without transportation costs, if applicable. Value Added Tax, if applica- All 7.6 Claims for damages and the reimbursement of expenditures are further subject to Section 8. ble, at the statutory rate shall be added to all fees payable hereunder. 8. LIABILITY3.3 e may demand an additional fee for services that go beyond the scope as agreed under the W 8.1 cases of intentional misconduct and gross negligence, we are fully liable pursuant to In Order Form in case such additional Products are requested by the customer. applicable law.3.4 e will send our invoice to the customer upon execution of the Contract, unless agreed W 8.2 ur liability in cases of simple negligence is limited as follows: we are liable only if and to O otherwise in the Order Form. In the event that the customer orders our Product “Full Access the extent that we violated a material contractual obligation (cardinal obligation) – i.e., an Global E-Commerce Reports”, we will send our invoice for the first contract year upon exe- obligation that (i) the Customer reasonably relied upon at execution of the applicable Order cution of the Contract and the invoice(s) for any subsequent contract year(s), if any, upon Form and (ii) was of critical significance to the outcome of performance. As regards property commencement of any subsequent contract year. damage and financial loss, such liability is limited to typical and foreseeable damages; in no3.5 payments shall be due and payable within thirty (30) days following the date of our All event will we be liable for any incidental, special, punitive or consequential damages, loss of invoice without any deductions. The customer will be in default one day after the expiry date profits or loss of data in such case. without any further warning notice being required. 8.3 ur liability for damages under warranties (Beschaffenheitsgarantien) is limited to instances O3.6 customers‘ rights of retention or set-off are hereby excluded to the extent that they are All in which the warranty expressly includes such liability. not based on the same contractual relationship. Retentions or set-offs are allowed only if the 8.4 Claims for the reimbursement of expenditures and other liability claims asserted by the customer‘s claim is nondisputed or has become unappeasable. Customer against us are subject to sections 8.1 through 8.3.3.7 the event of a customer‘s default in payment or other apparent credit unworthiness, all In 9. CONFIDENTIALITY remaining claims against that customer shall become immediately due and payable in full. 9.1 he Parties shall hold in strict confidence for an indefinite period of time all data and T We shall then be entitled to rescind payment terms previously agreed upon and to demand information materials of which they gain knowledge as part of a Contract, be it orally, in payment in advance or other appropriate security with respect to pending deliveries. A writing or otherwise, directly or indirectly, provided that such data or information materials customer shall be deemed unworthy of credit in particular when he files a petition in ban- are designated confidential or must be considered confidential based on their nature, and kruptcy or composition proceedings. shall use them exclusively as part of the services covered by the relevant Order. This duty of4. INTELLECTUAL PROPERTY RIGHTS AND INDEMNITIES confidentiality excludes data and information materials that:4.1 copyrights and other intellectual property rights in connection with our Products remain All a) were already known or accessible to any third party at the time of disclosure; with us. All data carriers remain our property. The customer may not modify, publish, trans- b) ne of the parties legitimately receives from a third party following disclosure, and such o mit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or third party is not bound by a duty of confidentiality in relations with the other Party; in any way exploit any of the Products made available by us, in whole or in part, except as c) ust be disclosed by order of and to a government agency or another competent third m expressly permitted under the Contract. party; and4.2 Upon delivery of the Products to the customer and payment of the agreed fee, the customer d) ust be disclosed to legal or tax advisors of the contractual customer in question for m obtains a non-exclusive, non-transferable, perpetual, worldwide right to use the Products consulting purposes. provided to the customer for its internal purposes or any additional purposes set out in the the cases of Sections c) and d), the parties shall (i) promptly inform each other about a In Order Form. A right to resell our Products requires our prior written approval. given request and prior to disclosing confidential information, and (ii) limit the disclosure of4.3 n the event that the parties agree on a “Single User License” under the Order Form, this I confidential information to the minimum required. means that only one individually named user of an organization shall be entitled to access 9.2 e may use the Customer as a reference so long as no contractual details are divulged. W the report. In the event that the parties agree on a “Site License” under the Order Form, this 10. JURISDICTION, GOVERNING LAW, MISCELLANEOUS means that all users within a given geographical location (as specified in the Order Form) 10.1 lace of payment is Hamburg, Germany. P of an organization shall be entitled to access the report. In the event that the parties agree 10.2 ll disputes arising from or in connection with any Contract between the parties shall be A on a “Global Site License”, this means that all worldwide users of an organization shall be resolved through the courts of Hamburg. Governing law is German law. -9- LinkedIn XING Twitter Facebook Phone: +49 (0) 40 - 39 90 68 50 info@ystats.com Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com

×