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France B2C E-Commerce Report 2012

September 2012

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




                                                                                       September 2012




Publication Date	
	 September 2012

Language	
	 English

Format	
	 PDF & PowerPoint

Number of Pages/Charts 	 	
	 73

Covered Countries 	                                                 	
	 France

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France B2C E-Commerce Report 2012

Key Findings
 Covering Trends, Sales, Shares, Users/Shoppers, Products and Players
 •	   Despite slowing growth rates, B2C E-Commerce sales in France are projected to increase to reach
      almost USD 50 billion in 2016.
 •	   Although more than 90% of French online retailers had Facebook sites in Q1 2012, they did not use
      them for online selling, but rather for marketing purposes.
 •	   In Q1 2012, more than three-quarters of Internet users in France had ever “Shopped Online”
 •	   “Travel/Tourism” was projected to be the leading online product category in France in 2012, followed by
      “Services” and “Cultural Products”.
 •	   LaRedoute.fr was leading among B2C E-Commerce websites in France, by unique visitors from France
      in May 2012, followed by Cdiscount.com and Amazon.fr.




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France B2C E-Commerce Report 2012

Table of Contents
 1.	Management Summary                                                6. Users/Shoppers
 2. Trends                                                            •	   Individuals in Europe using the Internet, by Country
                                                                           (including France), in %, 2009-2011
 •	   B2C E-Commerce Trends in France, 2012                           •	   Internet and Broadband Household Penetration in Europe,
 •	   B2C E-Commerce Research and Mobile Commerce Trends                   in %, 2007, 2009 & 2011
      in France, 2012 and Online Product Research Methods, in         •	   Fixed Broadband Subscribers in France, in Total (millions)
      % of Internet Users, H1 2012
                                                                           and per 100 Inhabitants, compared to Germany, USA and
 •	   B2C E-Commerce Trends among Women aged 20-60 in                      the OECD Total, 2006-2011
      France, 2012
 •	   Online Travel Trends in France, 2011                            •	   Fixed Broadband Subscribers in France, by Access
                                                                           Technology, compared to the OECD Average, in %, 2011
 •	   Online Payment Methods in France, by Popularity, in % of
      Online Shoppers, 2012f                                          •	   Online Shoppers in France, in millions, Q1 2011 & Q1 2012
 •	   Average Basket of Online Sales in France, in EUR, Q1 2011       •	   Share of Online Shoppers in France on Individuals, compa-
      & Q1 2012                                                            red to the EU Average, in %, 2007, 2009 & 2011
 •	   Average per Capita B2C E-Commerce Spending and                  •	   Share of Online Shoppers on Internet Users, in %, 2011 &
      Number of Online Transactions of Online Shoppers, in
      EUR and total, 2007-2011                                             2012f
 •	   Average per Capita B2C E-Commerce Spending of Online            •	   Online Shopper Penetration in the EU, by Country (including
      Shoppers in France, in USD, 2012f & 2016f                            France), in % of Population, 2011
 •	   Average annual Online Spending in France and selected           •	   Share of Online Shoppers on Internet Users in France, by
      Countries worldwide, in % of disposable Income of Online             Region, Age Group, and Gender, in %, Q1 2012
      Shoppers, January and February 2012
 •	   M-Commerce Trends in France, 2012                               •	   Leading Website Categories in France, by monthly Unique
                                                                           Visitors, in millions and Year-on-Year Growth in %, April
 •	   Mobile Shoppers Growth in France, compared to 4 other                2012
      EU Countries and the Average, in % of Smartphone Users,
      October 2010 vs. October 2011
 •	   Smartphone Users accessing Online Retail Sites, in the EU5
      and by Country, including France; including Year-on-Year
      Growth, Share of Smartphone Users, and Year-on-Year             7. Players
      percentage Point Increase, May 2011 vs. May 2012
 •	   Type of Purchase made via Mobile Devices, in % of Mobile        •	   Leading B2C E-Commerce Websites in France, by Online
      Shoppers, as of March 2012
                                                                           Shoppers, in %, 6 Months to May 2012
 •	   In-Store Smartphone Activities, in % of Smartphone
      Owners, January 2012                                            •	   Top 20 E-Commerce Players in France, ranked by E-Com-
 •	   Breakdown of M-Commerce Readiness of Online Retailers                merce Sales, in EUR million, 2011
      in France, in %, Q1 2012                                        •	   Top 80 B2C E-Commerce Websites in France, ranked by
 •	   F-Commerce Trends in France, 2012 and Share of Online                Unique Visitors (Users), May 2012
      Retailers with Websites on Facebook, in % of Online Retai-      •	   Rank 1: La Redoute
      lers, Q1 2011 & Q1 2012
 •	   Daily Deal Trends in France, 2011/2012                          •	   Rank 2: Cdiscount
                                                                      •	   Rank 3: Amazon
                                                                      •	   Rank 4: Vente-Privée
 3. Sales                                                             •	   Rank 5: 3 Suisses
 •	   B2C E-Commerce Sales in France, in USD billion and in %         •	   Rank 6: PriceMinister
      Growth, 2010-2016f                                              •	   Rank 7: Fnac
 •	   B2C E-Commerce Sales in France, in EUR billion, 2009-2011
                                                                      •	   Rank 8: Rue du Commerce
 •	   B2C E-Commerce Sales in France, in EUR billion, Q1 2011 &
      Q1 2012                                                         •	   Rank 9: Carrefour
                                                                      •	   Rank 10: Spartoo
 4. Shares                                                            •	   Leading Online Shops in France selling cultural and
                                                                           leisure Products, by Service Quality, in % of Online
 •	   Share of B2C E-Commerce on total Retail Sales in France, in          Shoppers, March 2012
      %, 2008-2012f
                                                                      •	   Leading Online Shops in France selling Fashion, Clothing,
 •	   Share of B2C E-Commerce on total Distance Sales in                   and Cosmetics, by Service Quality, in % of Online Shoppers,
      France, in %, 2010 & 2011                                            March 2012
                                                                      •	   Leading Online Shops in France selling Consumer
 5. Products                                                               Electronics, by Service Quality, in % of Online Shoppers,
                                                                           March 2012
 •	   Types of Goods and Services bought online in France, in %
      of Internet Users, 2010-2012f                                   •	   Leading Online Shops in France selling Household Products,
                                                                           by Service Quality, in % of Online Shoppers, March 2012
 •	   Leading Online Product Categories in France, in % of Online
      Shoppers, January/February 2012                                 •	   Top 5 Travel E-Commerce Sites in France, by Monthly
 •	   Smartphone and Tablet Purchases in France, by Product                Unique Visitors, Q3 2011
      Category, in % of Users, H1 2012                                •	   Top 5 M-Commerce Websites in France, by Unique Visitors,
 •	   Leading Mobile Shopping Product Categories in France, by             in millions, Q3 2011
      Product, in % of Total Mobile Users, May 2012



                         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
France B2C E-Commerce Report 2012

                                                                                Samples

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


                          Trends                    Sales                        Shares                       Products                 Users / Shoppers                    Players


       In May 2012, 21% of French mobile Internet users bought “Digital
       Services, incl. Tickets/Downloadable Applications” on their mobile.
       Leading Mobile Shopping Product Categories in France, by Product, in % of Total Mobile Users, May 2012



                                    Digital Services,
                            includingTickets/Downloads of                                                                                               21%
                                      Applications




                                        Cultural Products                                                    11%




                                                   Travel                                               10%




                                                            0%                  5%                   10%                  15%                   20%                    25%

       Note: based on a survey of 3.257 respondents, conducted between May 4 and May 16, 2012; Online Shoppers who made a purchase at least once in the 6 months leading up to May 2012.
       Source: Fevad, June 2012




                                                                                                                                                                                     37




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


                           Trends                   Sales                        Shares                       Products                 Users / Shoppers                    Players


       Online private shopping website vente-privee.com entered the
       Netherlands and the US in fall 2011.
       Rank 4 (ranked by Traffic): Vente-Privée

           Name of Company                          Vente Privée

           Headquarters                             Paris, France

           Major Online Shop                        fr.vente-privee.com

           Company Type                             Internet Pure Player / Private Shopping Site

           Product Range                            Mass Merchant

           B2C E-Commerce Sales, 2011               EUR 1.1 billion in Europe

           Year Ended                               December 31



                                                    •   In 2011, vente-privee.com, which was launched in France in 2001 and
                                                        since has become a leading online flash sales site, was able to
                                                        increase its turnover by +11%, compared to 2010.
                                                    •   A US version of the flash sales website was launched in November
           News (E-Commerce)                            2011 in partnership with American Express. Prior to this the flash sales
                                                        site expanded to the Netherlands, also in fall 2011, making it the eighth
                                                        European country for the company.
                                                    •   In order to grow in the future, vente-privee.com plans to develop new
                                                        sectors and services.



        Source: Google, company homepages, business reports, business and company databases, journals, company registries, news portals, industry and trade associations


                                                                                                                                                                                     59




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France B2C E-Commerce Report 2012

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Brochure & Order Form_France B2C E-Commerce Report 2012

  • 1. France B2C E-Commerce Report 2012 September 2012 Provided by RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions September 2012 Publication Date September 2012 Language English Format PDF & PowerPoint Number of Pages/Charts 73 Covered Countries France Price Single User License: € 1,450 (excl. VAT) Site License: € 2,900 (excl. VAT) Global Site License: € 4,350 (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
  • 2. France B2C E-Commerce Report 2012 Key Findings Covering Trends, Sales, Shares, Users/Shoppers, Products and Players • Despite slowing growth rates, B2C E-Commerce sales in France are projected to increase to reach almost USD 50 billion in 2016. • Although more than 90% of French online retailers had Facebook sites in Q1 2012, they did not use them for online selling, but rather for marketing purposes. • In Q1 2012, more than three-quarters of Internet users in France had ever “Shopped Online” • “Travel/Tourism” was projected to be the leading online product category in France in 2012, followed by “Services” and “Cultural Products”. • LaRedoute.fr was leading among B2C E-Commerce websites in France, by unique visitors from France in May 2012, followed by Cdiscount.com and Amazon.fr. 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. 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
  • 3. France B2C E-Commerce Report 2012 Table of Contents 1. Management Summary 6. Users/Shoppers 2. Trends • Individuals in Europe using the Internet, by Country (including France), in %, 2009-2011 • B2C E-Commerce Trends in France, 2012 • Internet and Broadband Household Penetration in Europe, • B2C E-Commerce Research and Mobile Commerce Trends in %, 2007, 2009 & 2011 in France, 2012 and Online Product Research Methods, in • Fixed Broadband Subscribers in France, in Total (millions) % of Internet Users, H1 2012 and per 100 Inhabitants, compared to Germany, USA and • B2C E-Commerce Trends among Women aged 20-60 in the OECD Total, 2006-2011 France, 2012 • Online Travel Trends in France, 2011 • Fixed Broadband Subscribers in France, by Access Technology, compared to the OECD Average, in %, 2011 • Online Payment Methods in France, by Popularity, in % of Online Shoppers, 2012f • Online Shoppers in France, in millions, Q1 2011 & Q1 2012 • Average Basket of Online Sales in France, in EUR, Q1 2011 • Share of Online Shoppers in France on Individuals, compa- & Q1 2012 red to the EU Average, in %, 2007, 2009 & 2011 • Average per Capita B2C E-Commerce Spending and • Share of Online Shoppers on Internet Users, in %, 2011 & Number of Online Transactions of Online Shoppers, in EUR and total, 2007-2011 2012f • Average per Capita B2C E-Commerce Spending of Online • Online Shopper Penetration in the EU, by Country (including Shoppers in France, in USD, 2012f & 2016f France), in % of Population, 2011 • Average annual Online Spending in France and selected • Share of Online Shoppers on Internet Users in France, by Countries worldwide, in % of disposable Income of Online Region, Age Group, and Gender, in %, Q1 2012 Shoppers, January and February 2012 • M-Commerce Trends in France, 2012 • Leading Website Categories in France, by monthly Unique Visitors, in millions and Year-on-Year Growth in %, April • Mobile Shoppers Growth in France, compared to 4 other 2012 EU Countries and the Average, in % of Smartphone Users, October 2010 vs. October 2011 • Smartphone Users accessing Online Retail Sites, in the EU5 and by Country, including France; including Year-on-Year Growth, Share of Smartphone Users, and Year-on-Year 7. Players percentage Point Increase, May 2011 vs. May 2012 • Type of Purchase made via Mobile Devices, in % of Mobile • Leading B2C E-Commerce Websites in France, by Online Shoppers, as of March 2012 Shoppers, in %, 6 Months to May 2012 • In-Store Smartphone Activities, in % of Smartphone Owners, January 2012 • Top 20 E-Commerce Players in France, ranked by E-Com- • Breakdown of M-Commerce Readiness of Online Retailers merce Sales, in EUR million, 2011 in France, in %, Q1 2012 • Top 80 B2C E-Commerce Websites in France, ranked by • F-Commerce Trends in France, 2012 and Share of Online Unique Visitors (Users), May 2012 Retailers with Websites on Facebook, in % of Online Retai- • Rank 1: La Redoute lers, Q1 2011 & Q1 2012 • Daily Deal Trends in France, 2011/2012 • Rank 2: Cdiscount • Rank 3: Amazon • Rank 4: Vente-Privée 3. Sales • Rank 5: 3 Suisses • B2C E-Commerce Sales in France, in USD billion and in % • Rank 6: PriceMinister Growth, 2010-2016f • Rank 7: Fnac • B2C E-Commerce Sales in France, in EUR billion, 2009-2011 • Rank 8: Rue du Commerce • B2C E-Commerce Sales in France, in EUR billion, Q1 2011 & Q1 2012 • Rank 9: Carrefour • Rank 10: Spartoo 4. Shares • Leading Online Shops in France selling cultural and leisure Products, by Service Quality, in % of Online • Share of B2C E-Commerce on total Retail Sales in France, in Shoppers, March 2012 %, 2008-2012f • Leading Online Shops in France selling Fashion, Clothing, • Share of B2C E-Commerce on total Distance Sales in and Cosmetics, by Service Quality, in % of Online Shoppers, France, in %, 2010 & 2011 March 2012 • Leading Online Shops in France selling Consumer 5. Products Electronics, by Service Quality, in % of Online Shoppers, March 2012 • Types of Goods and Services bought online in France, in % of Internet Users, 2010-2012f • Leading Online Shops in France selling Household Products, by Service Quality, in % of Online Shoppers, March 2012 • Leading Online Product Categories in France, in % of Online Shoppers, January/February 2012 • Top 5 Travel E-Commerce Sites in France, by Monthly • Smartphone and Tablet Purchases in France, by Product Unique Visitors, Q3 2011 Category, in % of Users, H1 2012 • Top 5 M-Commerce Websites in France, by Unique Visitors, • Leading Mobile Shopping Product Categories in France, by in millions, Q3 2011 Product, in % of Total Mobile Users, May 2012 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
  • 4. France B2C E-Commerce Report 2012 Samples RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions Trends Sales Shares Products Users / Shoppers Players In May 2012, 21% of French mobile Internet users bought “Digital Services, incl. Tickets/Downloadable Applications” on their mobile. Leading Mobile Shopping Product Categories in France, by Product, in % of Total Mobile Users, May 2012 Digital Services, includingTickets/Downloads of 21% Applications Cultural Products 11% Travel 10% 0% 5% 10% 15% 20% 25% Note: based on a survey of 3.257 respondents, conducted between May 4 and May 16, 2012; Online Shoppers who made a purchase at least once in the 6 months leading up to May 2012. Source: Fevad, June 2012 37 RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions Trends Sales Shares Products Users / Shoppers Players Online private shopping website vente-privee.com entered the Netherlands and the US in fall 2011. Rank 4 (ranked by Traffic): Vente-Privée Name of Company Vente Privée Headquarters Paris, France Major Online Shop fr.vente-privee.com Company Type Internet Pure Player / Private Shopping Site Product Range Mass Merchant B2C E-Commerce Sales, 2011 EUR 1.1 billion in Europe Year Ended December 31 • In 2011, vente-privee.com, which was launched in France in 2001 and since has become a leading online flash sales site, was able to increase its turnover by +11%, compared to 2010. • A US version of the flash sales website was launched in November News (E-Commerce) 2011 in partnership with American Express. Prior to this the flash sales site expanded to the Netherlands, also in fall 2011, making it the eighth European country for the company. • In order to grow in the future, vente-privee.com plans to develop new sectors and services. Source: Google, company homepages, business reports, business and company databases, journals, company registries, news portals, industry and trade associations 59 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
  • 5. France 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. 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 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
  • 6. France B2C E-Commerce Report 2012 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 o claims for defects as to quality are triggered by insignificant discrepancies between our N 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 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 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 Behringstr. 28a, 22765 Hamburg Fax: +49 (0) 40 - 39 90 68 51 www.ystats.com www.facebook.com/ystats