Brochure & Order Form_North America B2C E-Commerce Report 2012_by yStats.com

North America B2C E-Commerce Report 2012

March 2012

Provided by

RESEARCH ON INTERNATIONAL MARKETS
We deliver the facts – you make the decisions

March 2012

Publication Date
March 2012
Language
English
Format
PDF & PowerPoint
Number of Pages/Charts
109
Covered Countries
USA, Canada

Price
Single User License: € 2,450 (excl. VAT)
Site License: € 4,900 (excl. VAT)
Global Site License: € 7,350 (excl. VAT)

yStats.com GmbH & Co. KG Telefon: +49 (0) 40 - 39 90 68 50 info@ystats.com www.twitter.com/ystats
Behringstr. 28a, 22765 Hamburg Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com www.facebook.com/ystats


Key Findings
Covering Trends, Sales, Shares, Products, Users/Shoppers and Players
• The North American share on global B2C E-Commerce sales is projected to decrease from 2010 to 2013.
• Growth in online shopping in the US in 2012 is projected to mostly be driven by mobile and social commerce
as well as daily deals, while also more seniors and low-income consumers turn to online shopping.
• In 2010, Amazon was the top overall B2C E-Commerce Player in the US, while Victoria’s Secret was leading
in the US apparel and accessories market, Netflix in the US books, music and video market and Apple was
the leading B2C E-Commerce company in the US computers and electronics market.
• Due to high costs and missing competition, only slightly more than 80% of Canadians had ever shopped
online as of 2011, less than the global average and countries like Japan, the UK, South Korea and Germany.
• The most purchased product categories of online shoppers in Canada in 2010 were “Travel Arrangements”,
“Tickets for Entertainment Events” and “Books, Magazines and Online Newspapers”.

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.



Table of Contents (1 of 3) - Regional & USA
Regional: North America

• Distribution of Internet Users worldwide, by • Share of B2C E-Commerce Sales on Global B2C
geographic Region, in %, 2011 E-Commerce Sales, in %, 2010 & 2013f
• Internet User Penetration Rates, by geographic • Global Share of B2C E-Commerce on Total Retail
Region, in %, 2011 Sales in selected Regions, in %, 2010
• B2C E-Commerce Trends in North America, 2011
• Global Estimate on B2C E-Commerce Sales, in USD and Coupon Use, including Online Coupons, by
billion, 2010 & 2013f Consumers in North America and Asia-Pacific, in
• B2C E-Commerce Sales in North America, in USD %, 2011
billion, 2010-2015f • Use of Online Grocery Shopping and Home Delivery
in North America & Regions Worldwide, in %, 2011

USA

1. Management Summary 3. Sales

2. Trends • B2C E-Commerce Sales, in USD billion, Q1 2007-
Q4 2011
• B2C E-Commerce Trends in the US, 2011/2012 • Total E-Commerce Spending in the US with Travel
• Percentage of E-Commerce Transactions with Free E-Commerce Spending and Retail (non-travel)
Shipping, in %, Q2 2009-Q2 2011 E-Commerce Spending, in USD billion, ´10 & ´11
• Coupon Usage Trends in the US, 2011, incl. • Total Retail Sales in the US, in USD billion, 2007-
Number of Online Coupon and Codes Users in the 2011 and Sales of Electronic Shopping and Mail-
US, in millions, 2010, 2011 & 2013f Order Houses, in USD billion, 2007-2011
• Social Commerce Revenues in the US, in USD • US Retail B2C E-Commerce Sales, in USD billion
billions, 2011-2015f
and % Increase vs. prior Year, 2009-2015f
• Daily Deal Sites Revenues, in USD billions, 2010-
2015f
• Online Video Viewing in the US, in million average
Viewers, billion Videos viewed and Videos per
Viewer, December 2010 & December 2011
• M-Commerce Sales in the US, in USD billion, 4. Shares
2010-2015f
• Mobile Buyers in the US, in millions and in % of • B2C E-Commerce as a % of total Retail Sales in
Mobile Phone Users, 2010-2015f
the US, 2010 & 2011
• Reasons for US Online Shoppers to visit an Online
Store, by Top Mentions, in %, 2011
• Percentage of US Online Shoppers having bought
directly from a Consumer Brand or Manufacturer
On line, in %, 2011
• Online Shopping Frequency of US Online Shoppers,
in %, 2011 5. Products
• Trends on the E-Book Market in the US, including
Distribution and Pricing and Percentage of US • Top 10 Gaining Site Categories in the US, by %
E-Book Buyers Shopping at Amazon, in %, 2011 Change in unique Visitors, November 2011 vs.
• Regulatory Trends: Internet Sales Tax Collection December 2011
Laws and Trends in the US, 2011 • Top 5 Gaining B2C E-Commerce Categories in the
• Regulatory Trends: “Net Neutrality” Rules in the US, in % Growth, 2011 vs. 2010
US, 2011
• Top 10 Mobile Categories in the US, in unique
• Regulatory Trends: Anti-Piracy Legislation Trends Visitors and % Change in Growth, Dec 2010 vs.
in the US, 2011-2012 Dec 2011
• Regulatory Trends: E-Commerce Patent Suit
Trends, 2011



Table of Contents (2 of 3) - USA

5. Products (cont.) 7. Players (cont.)

• E-Book Sales in the US, in USD million, 2008-2010 • Top 10 B2C E-Commerce Companies in the US
and Number of E-Books sold in the US, in millions, Apparel & Accessories Market, by Sales, in USD
2009 & 2010 million, 2010
• Regular (Text only) E-Book Sales and enhanced • Top 10 B2C E-Commerce Companies in the US
E-Book Sales in the US, USD million, 2009 & 2010 Books, Music & Video Market, by Sales, in USD
• Share of E-Books on the total US Book Trade million, 2010
Market, in %, 2008 & 2010 and Share of US
• Top 10 B2C E-Commerce Companies in the US
E-Book Buyers who increased their Spending on
E-Books, in %, September 2010 & May 2011 Computers & Electronics Market, by Sales, in USD
million, 2010
• Number of E-Book Titles offered by Amazon’s
Kindle Store and by Barnes & Noble, 2011 and • Top 10 B2C E-Commerce Companies in the US
Share of E-Book Buyers who use Barnes & Noble or Flowers and Gifts Market, by Sales, in USD million,
Apple for their Purchases, in %, 2011 2010
• Digital Music Sales in the US, in USD billion, 2010 • Top 10 B2C E-Commerce Companies in the US
& 2011 and Share of digital Music Sales on the Food and Drug Market, by Sales, in USD million,
total Music Industry Revenue in the US, in %, 2011 2010
6. Users / Shoppers Hardware & Home Improvement Market, by Sales,
in USD million, 2010
• Internet Users in the US, in millions and in % of • Top 10 B2C E-Commerce Companies in the US
total Population, 2009-2015f Health and Beauty Market, by Sales, in USD
• Fixed Broadband Subscribers in the US, in Total million, 2010
(millions) and per 100 Inhabitants, compared to • Top 10 B2C E-Commerce Companies in the US
Germany and the OECD Total, 2006-2011
Housewares & Home Furnishings Market, by Sales,
• Fixed Broadband Subscribers in the US, by Access in USD million, 2010
Technology compared to the OECD Average in %,
2011 • Top 10 B2C E-Commerce Companies in the US
Jewelry Market, by Sales, in USD million, 2010
• Number of Online Shoppers in the US, in millions
and in % of Internet Users, 2009-2015f • Top 10 B2C E-Commerce US Mass Merchant
Companies, by Sales, in USD million, 2010
7. Players Office Supply Market, by Sales, in USD million,
2010
• Top 10 Internet Retailers in the US, by Online • Top 10 B2C E-Commerce Companies in the US
Revenues in USD billion, 2009 & 2010
Specialty – Non-Apparel Market, by Sales, in USD
• Rank 1: Amazon million, 2010
• Rank 2: Staples
• Rank 3: Apple
Sporting Goods Market, by Sales, in USD million,
• Rank 4: Dell 2010
• Rank 5: Office Depot
• Top 10 B2C E-Commerce Companies in the US Toys
• Rank 6: Walmart
and Hobbies Market, by Sales, in USD million, 2010
• Rank 7: Sears
• Average unique monthly Visitors on selected Retail
• Rank 8: Liberty Media Group
Sites in the US, in millions, Q2 2011
• Rank 9: Office Max
• Rank 10: CDW



Table of Contents (3 of 3) - Canada
1. Management Summary 5. Products

2. Trends • Types of Goods ordered Online in Canada, in % of
Online Shoppers, 2010
• Internet and B2C E-Commerce Trends in Canada,
• Top 15 Gaining Site Categories in Canada, by %
2010
Change in unique Visitors, Q4 2009 vs. Q4 2010
• B2C E-Commerce Forecast in Canada, 2011
• Online Shopping in Canada and Consumers ever
shopped Online, in selected Countries, in %, 2011
• Number and Value of Online Orders in Canada, in 6. Users / Shoppers
%, millions and CAD million 2010
• Internet Users and their Percentage of Country
• Online Activities of Internet Users in Canada, in %,
Population in Canada, 2005, 2007, 2009 & 2010
2010
• Internet Users by Region, in Canada, in %, 2010
• Sources used for Researching Purchases in
• Breakdown of Internet Users in Canada by Region,
Canada, in %, September 2011
in %, in Q4 2010
• Mobile Phone Users in Canada by Kind of Mobile
• Breakdown of Internet Users by Household
Phone, in %, in 2010
Income, in Canada, in %, Q4 2010
• Mobile Content Usage of Smartphone Users in
• Fixed Broadband Subscribers in Canada, in Total
Canada, in %, September 2011
(millions) and per 100 Inhabitants, compared to
• Mobile Retail App Types that Canadian Students
Germany, USA and the OECD Total, 2006-2011
are interested in or have downloaded, in %,
• Fixed Broadband Subscribers in Canada, by Access
September 2011
Technology compared to the OECD Average in %,
• Online Video Consumption in Canada, by Age
2011
Segment in Average Hours per Viewer and Average
• Share of Online Shoppers on Internet Users in
Videos per Viewer, Q4 2010
Canada, in %, in 2010

3. Sales 7. Players

• B2C E-Commerce Sales in Canada, in CAD billion, • Top Online Shopping Sites in Canada, in % of
2010-2015f Internet Users, November 2011
• Facts about Amazon.ca
• Facts about Apple.ca
• Facts about Bestbuy.ca
• Facts about Walmart.ca
4. Shares
• Facts about Canadiantire.ca
• Share of B2C E-Commerce Sales on Retail Sales in • Facts about Ebay.ca
Canada, in %, 2010-2015f



Samples

RESEARCH ON INTERNATIONAL MARKETS RESEARCH ON INTERNATIONAL MARKETS
We deliver the facts – you make the decisions We deliver the facts – you make the decisions

Trends Sales Shares Products Users / Shoppers Players Trends Sales Shares Products Users / Shoppers Players

Growth in online shopping in the US in 2012 is projected to mostly Staples increased its online sales by +4% up to USD 10.2 billion
be driven by mobile and social commerce as well as daily deals. (EUR 7.7 bil.) in 2010, compared to USD 9.8 bil. (EUR 7.1 bil.) in 2009.
B2C E-Commerce Trends in the US, 2011/2012 Rank 2: Staples
 New channels have developed in US retail E-Commerce. While the overall market is reaching maturity, with growth rates Name of Company Staples
stabilizing after higher growth rates in the years following the 2009 recession, online sales are still projected to increase by
USD 100 billion between 2010 and 2015. Headquarters USA

 This growth will mostly be driven by mobile commerce, social commerce and daily deals sites. Mobile commerce is Major Online Shops www.staples.com
especially useful for time-sensitive purchases such as last-minute gifts, event tickets, flash sales, daily deals and online
auctions. Social commerce enables consumers on a social networking site to complete transactions without leaving the Company Type Multichannel Retailer (Stores, Internet)
network. Special offers via the network aimed at followers or “likers” are also well received. Furthermore, personalized daily
deals offering discounts at local retailers act as incentives for purchases. Product Range Office Supplies

 While the growth of online sales in product categories such as books, computer hardware and software, music and videos Year Ended January 29
is declining, categories not yet smoothly adopted into E-Commerce such as fashion, household goods and consumer
groceries present great potential for sales growth. Visualization tools and easy return policies in online fashion shopping or
Staples is opening an E-Commerce Innovation
same-day delivery, saved shopping lists and automatic reorders in grocery shopping are examples of services in this product
Center to build online shopping tools. Working there
category. will be teams focused on designing and deploying e-
News (E-Commerce)
commerce tools and features to serve Staples’
 Internet shoppers have begun to include more seniors and lower-income consumers. customers. The center is expected to be opened by
May 2012. (January 2012)
 The adoption of smartphones, tablets, laptops, desktops, e-readers, game consoles, connected TVs and set-top boxes in
the US enables Internet consumption any time, anywhere. With the expansion of mobile Internet use, consumers can
more easily and effectively be accessed via the Internet than through offline channels.
B2C E-Commerce Revenue (Internet Retailer Estimate)
 Most US Internet audiences are drawn to apps, video and audio streams, games, e-books and periodicals, social networking
sites and other platforms which are suitable for marketing purposes. By combining the online content demanded by Currency 2010 2009 Growth in %
consumers with advertising for brand awareness, promotion expenses can be saved in less accessed channels. EUR billion 7.70 7.05 +9.3
 Moreover, media content is increasingly consumed via on-demand streaming, rather than permanent downloads, opening USD billion 10.20 9.80 +4.1
up new possibilities for commercials through streaming services such as Spotify or Pandora.
Source: Google, company homepages, business reports, business and company databases, journals, company registries, news portals, industry and trade associations
Source: yStats.com, February 2012

50
10

RESEARCH ON INTERNATIONAL MARKETS RESEARCH ON INTERNATIONAL MARKETS
We deliver the facts – you make the decisions We deliver the facts – you make the decisions

Trends Sales Shares Products Users / Shoppers Players Trends Sales Shares Products Users / Shoppers Players

55% of online shoppers in Canada purchased “Travel Arrangements” Bestbuy.ca was one of the major B2C E-Commerce players in Canada
online in 2010, followed by “Tickets for Entertainment Events” (48%). with 1.6 million unique visitors in January 2012.
Types of Goods ordered Online in Canada, in % of Online Shoppers, 2010 Facts about Bestbuy.ca
Travel Arrangements 55% Name of Company Bestbuy.ca
Tickets for Entertainment Events 48%
Homepage www.bestbuy.ca
Books, Magazines, Online Newspapers 40%
Clothing, Jewellery or Accessories 36%
Unique Visitors
Membership or Registration Fees 32% 1.6 million (January 2012)
(Users)
Music 30%
Software 23%
Reach, in % 5.7 % (January 2012)
Consumer Electronics 22%
Videos or DVDs 20%
Vertical
Toys and Games 19% Retailer
Integration
Photographic Services 16%
Type of Mail-
Computer Hardware 15% Multichannel Retailer
Order Provider
Gift Certificates or Gift Cards 15%
Consumer Electronics, Computers, Entertainment
Other Health or Beauty Products 12% Product Range
Software
House Wares 12%
− Starting in November 2011, Bestbuy.ca commenced
Sports Equipment 11%
its online streaming video service, CinemaNow,
Food or Beverages 11% offering video purchase or rent.
Home Improvement or Gardening Supplies 7% − The second version of the free Bestbuy.ca iPhone
Presciption Drugs or Products 3% News app has been launched in May 2011. It has become
Other 16%
one of the most downloaded free iPhone apps in the
Canadian App Store, at approx. 200 thousand
downloads.
0% 10% 20% 30% 40% 50% 60%
Source: Statistics Canada, October 2011 Source: Company homepages, business reports, business and company databases, journals, company registries, news portals, industry and trade associations

24 38



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 inquiry@ystats.com using the form below:

Place your order now:

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

All Forms must have a signature to confirm your order:

Signature

Where did you find us?
EU Companies must supply Purchase Order No
Order Date
 Google/Search Engine VAT No (if required)
 Google Adwords/Online Advertising
 Article in Trade Journal
 Press Release
 Social Media
 Recommendation
 Others: ________________________

Note: Reports are provided in electronic PDF form. yStats.com will contact you in the future to provide our free newsletter or other mailings. If you
do not wish to receive our newsletter or other mailings, you may advise us of this. Your contact information will not be sold to other organizations.
1
) Site Licenses, allowing all users within a given geographical location of an organization to access the report, are available for double the price.
2
) Global Site Licenses, allowing all worldwide users of an organization to access the report, are available for triple the price.






Terms and Conditions
1. SCOPE entitled to access the report. In both cases, the term “organization” refers to the company of
1.1
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 must expressly be named as the author of any data the customer processes further as
We
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 shall provide our Products in standardized data formats.
We
a Contract hereinafter the “Products”). 5.2 The customer must ensure that he has the corresponding technical resources to make use of
1.2
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 claims for defects as to quality are triggered by insignificant discrepancies between our
No
2. OFFERS, ORDERS products and services and the warranted quality or fitness for use.
2.1
With respect to research services, we usually submit an offer to the customer in the form of 6.2 Likewise, no claims for defects as to quality may be derived from entrepreneurial risks –
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
With respect to the purchase of reports, we usually submit an offer to the customer in the 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 Claims for defects as to quality expire within one year from the commencement of the legal
2.3 a customer orders our Product “Market Reports”, the customer gets access to the ordered
If 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 a customer orders our Product “Full Access Global E-Commerce Reports”, the customer
If 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 are liable for products and services infringing on third-party rights only if and to the
We
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, duly
2.6
Our offers are not binding and subject to change without notice until acceptance by the 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 Upon our request, the Customer shall assist us with the defense against claims according to
3. TERMS OF PAYMENT this section 7, with us reimbursing the Customer for any expenditures and costs incurred as
3.1
The contractually negotiated prices are to be derived exclusively from the Order Form and/or 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. LIABILITY
3.3 may demand an additional fee for services that go beyond the scope as agreed under the
We 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 will send our invoice to the customer upon execution of the Contract, unless agreed
We 8.2 Our liability in cases of simple negligence is limited as follows: we are liable only if and to
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 no
3.5 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 Our liability for damages under warranties (Beschaffenheitsgarantien) is limited to instances
3.6 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 The Parties shall hold in strict confidence for an indefinite period of time all data and
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 of
4. 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; and
4.2
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 of
4.3 the event that the parties agree on a “Single User License” under the Order Form, this
In confidential information to the minimum required.
means that only one individually named user of an organization shall be entitled to access 9.2 may use the Customer as a reference so long as no contractual details are divulged.
We
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.

yStats.com GmbH Co. KG Telefon: +49 (0) 40 - 39 90 68 50 info@ystats.com www.twitter.com/ystats

Brochure & Order Form_North America B2C E-Commerce Report 2012_by yStats.com

Empfohlen

Empfohlen

Weitere ähnliche Inhalte

Mehr von yStats.com

Mehr von yStats.com (20)

Kürzlich hochgeladen

Kürzlich hochgeladen (20)

Brochure & Order Form_North America B2C E-Commerce Report 2012_by yStats.com