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Central Europe B2C E-Commerce Report 2012


December 2012


                                                                             Provided by

                RESEARCH ON INTERNATIONAL MARKETS
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                                                  2
                                  op e      rt 201
                           l Eu r      Repo
                    C entra ommerce
                          E- C
                    B2C




                                                                                       November 2012




Publication Date	
	 December 2012
Language	
	 English
Format	
	 PDF & PowerPoint
Number of Pages/Charts 	 	
	 130
Covered Countries													
	 Germany, Switzerland, Austria
				

Price	
	 Single User License: 	                                            € 2,950 (excl. VAT)
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Central Europe B2C E-Commerce Report 2012

Key Findings
 Covering Germany, Switzerland and Austria
 •	   In Germany in 2011, Internet pure players accounted for the highest B2C E-Commerce sales, while 		
      M-Commerce was increasing in popularity.
 •	   B2C E-Commerce sales in Germany and Switzerland increased by a double-digit percentage figure in 2011, 	
      compared to 2010. In Austria, B2C E-Commerce Sales are expected to reach a CAGR of nearly +10% between
      2011 and 2016.
 •	   “Apparel, Textiles and Shoes” was the most purchased online product category in Germany in 2011, followed by
      “Media, Picture, Sound”. In Switzerland, “Travel & Hotel” and “Books & Magazines” were the most purchased online
      product categories by individuals in January 2012 and in Austria, “Clothing, Sports Goods” was the most purchased
      online product category in Q2 2012, followed by “Holiday Accommodation and other Travel Arrangements”.
 •	   In terms of online sales, Amazon.de was the leading online shop in Germany in 2011, followed by Otto.de, while
      the leading online shops in Switzerland were Swiss.com and Ricardo.ch. In Austria in 2010, Amazon.at and 	
      Universal.at were able to generate the highest online sales.




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Table of Contents (1 of 4 - Germany)

 1.	MANAGEMENT SUMMARY                                      2. TRENDS (cont.)

                                                            •	   Commercial Social Media Usage Trends in Germany,
 2. TRENDS
                                                                 2012 and Social Media most suitable for increasing
                                                                 Revenues in Distance Selling, in %, Q1 2012
 •	   B2C E-Commerce Market Trends in Germany, 2011
                                                            •	   Online Gaming Trends in Germany, 2010-2012,
 •	   B2C E-Commerce and Distance Selling Market
                                                                 including Gaming Spending, in EUR billion, 	
      Trends in Germany, 2011 and Share of Online Sales
                                                                 2010 & 2011
      on the Distance Selling Market, in %, 2010 & 2011
                                                            •	   Gamers in Germany per Platform, 			
 •	   Reasons for choosing an Online Shop in Germany, 	
                                                                 in millions and in % of total Gamers, 2011f
      by Age Group, in %, April 2012
                                                            •	   Spending on Gaming in Germany, by Platform, 	
 •	   Shopping Basket Values of FMCG in Germany, 	
                                                                 including Online, in EUR million, 2010 & 2011
      Online and In-Store, in EUR, January-May 2012
                                                            •	   Spending on Gaming in Germany, by Platform, 	
 •	   Breakdown of Ordering Method in Germany, 	
                                                                 including Online, in %, 2010 & 2011
      including Online, in EUR billion and in % of Sales,
      2011                                                  •	   Spending on Gaming in Germany, by Platform,
                                                                 including Online, in EUR million, 2011f and Time
 •	   Online Payment Trends in Germany, 2011/2012
                                                                 spent on Games, by Platform, including Online, 		
 •	   Breakdown of preferred Payment Methods of Online
                                                                 in %, 2011f
      Shoppers in Germany, in %, 			
                                                            •	   Online Gambling and Betting Market Trends in 	
      January 2011 & January 2012
                                                                 Germany, 2012
 •	   Breakdown of Trust in Online Payment Methods in
                                                            •	   European Commission concerning the new 	
      Germany, compared to regular Payment Methods, 	
                                                                 Interstate Gambling Treaty in Germany, 2012
      in % of Individuals, Q1 2012
                                                            •	   Online Gambling Revenues in Germany, by selected
 •	   Reasons for choosing an Online Payment Method in
                                                                 Online Gambling Category, in EUR million, 2011
      Germany, in % of Individuals, Q1 2012
 •	   Importance of Delivery Aspects in Germany, 		
      in % of Online Shoppers, December 2011                3. SALES
 •	   B2C E-Commerce Delivery Destination Preferences 	
      in Germany, in % of Online Shoppers, July 2012        •	   B2C E-Commerce Sales in Germany, in EUR billion,
 •	   B2C E-Commerce Delivery Destination Options in             2008-2012f
      Germany, in % of Online Retailers, July 2012          •	   Distance Sales Volume in Germany, by Sales Type, 	
 •	   Information Sources used by Shoppers within 	              in EUR billion and Breakdown of Distance Sales 	
      Distance Selling (incl. Online) in Germany, 	              Volume, by Sales Type, in % of total Turnover, 	
      and Visit of Retailer’s Homepage, by Age Group, 		         2010 & 2011
      in %, 2011
 •	   Mobile Content Activities in Germany, in %, 	
      May 2012                                              4. SHARES
 •	   Smartphone Users who visit Mobile Retail Sites in
                                                            •	   Share of B2C E-Commerce on total Retail Sales in
      Germany, in millions, % Change and % Smartphone
                                                                 Europe, by Country, including Germany, 			
      Audience, March-May 2012
                                                                 in %, 2011 & 2012f
 •	   Fast growing Mobile Content Categories in Germany,
                                                            •	   Share of B2C E-Commerce Sales on total Retail
      in % Growth, Year-on-Year Change, July 2012
                                                                 Sales in Germany, in %, 2008-2012f



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Table of Contents (2 of 4 - Germany)

 5. PRODUCTS                                                  6. USERS / SHOPPERS (cont.)

 •	   Turnover of B2C E-Commerce Product Categories in        •	   Mobile Internet Users in Germany, 			
      Germany, by Product Category, 				                           in millions and % in Change, 2010 & 2011
      in EUR million and in % Growth, 2010 & 2011             •	   Growth in Internet Usage in Germany, 			
 •	   B2C E-Commerce Services Sales in Germany, 		                 by Access Device, in %, 2011 & 2012f
      by Service Category, in EUR billion, 2011               •	   Online Shoppers in Germany, 				
 •	   Breakdown of B2C E-Commerce Service Turnover in              in millions and in % Growth, 2007-2011
      Germany, by Service Category, in %, 2011                •	   Share of Online Shoppers on Individuals in Germany,
 •	   Most popular Online Product Categories in Germany,           compared to the EU Average, in %, 2006-2011
      by Product Category, in million Online Shoppers and     •	   EU Comparison of Online Shopper Penetration, 	
      in % Growth Rate, 2010 & 2011                                by Country, including Germany, in % of Population,
 •	   Distance Sales in Germany, by Product Category, 		           2011
      in EUR million, Q2 2012                                 •	   Share of Internet Users in Germany ever having
 •	   Top 5 Distance Selling Product Categories in 	               shopped Online, in % of Internet Users, April 2012,
      Germany, by Sales, in EUR million and 			                    and Breakdown of Online Purchase Frequency, 		
      in % Growth vs. Q2 2011, Q2 2012                             in % of Internet Users, 12 Months to April 2012
 •	   Share of Internet Users in Germany ever having          •	   Monthly Online Shopping in Germany, by Device,
      booked overnight Accommodation Online, 		                    in % of Consumers and Device Users, 		
      by Type of Accommodation, in %, 2011                         April-May 2012
 •	   Product Categories for which Shoppers in Germany        •	   Mobile Online Shoppers in Germany, 			
      searched Information through their Mobile Devices            in million Mobile Device Users, 2010 & 2011
      prior to conducting a Purchase, in %, 2011
 •	   Share of Tablet and Smartphone Users in Germany
      that used their Device to buy the following Products,   7. PLAYERS
      by Product Category, in %, April 2012
                                                              •	   Top 5 Online Retail Websites in Germany, 			
                                                                   by Online Shoppers, in millions, 2011
 6. USERS / SHOPPERS                                          •	   Top 20 Online Retailers in Germany, 			
                                                                   by B2C E-Commerce Sales, in EUR million, 2011
 •	   Internet Users in Germany, in millions, 2011-2016f      •	   Profile of Amazon.de
 •	   Individuals in Europe using the Internet, by Country,   •	   Profile of OTTO.de
      including Germany, in %, 2009-2011
                                                              •	   Profile of Notebooksbilliger.de
 •	   Internet and Broadband Household 		
                                                              •	   Profile of Conrad.de
      Penetration in Europe, by Country, incl. Germany, 		
      in % of Households, 2007, 2009 & 2011                   •	   Profile of Weltbild.de

 •	   Fixed Broadband Subscribers in Germany, in Total        •	   Profile of Bonprix.de
      (millions) and per 100 Inhabitants, compared to         •	   Profile of Esprit.de
      Germany, USA and the OECD Total, 2006-2011              •	   Profile of Hm.com/de
 •	   Broadband Subscribers in Germany, 		                    •	   Profile of Thomann.de
      by Access Technology, compared to the 	
                                                              •	   Profile of Baur.de
      OECD Average in %, 2011




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Table of Contents (3 of 4 - Switzerland)

 1.	MANAGEMENT SUMMARY                                        5. PRODUCTS

                                                              •	   Purchased Online Product Categories in Switzerland,
 2. TRENDS
                                                                   in % of Online Shoppers, Q1 2011

 •	    B2C E-Commerce Trends in Switzerland, 2012             •	   Online Product Categories planned to be purchased
                                                                   in Switzerland, in % of Internet Users, 			
 •	    B2C E-Commerce Sales Development in Switzerland,
                                                                   six Months following February 2012
       2011/2012 and Breakdown of B2C E-Commerce
       Sales Development, in % of Online Retailers,           •	   Breakdown of B2C E-Commerce and Distance Sales
                                                                   in Switzerland, by Product Category, in %, 		
 •	    2011 vs. 2010
                                                                   2010 & 2011
 •	    Breakdown of B2C E-Commerce and Distance Sales
       in Switzerland, by Order Method, in %, 		
       2010 & 2011                                            6. USERS / SHOPPERS
 •	    Breakdown of preferred Payment Methods in 	
       Distance Selling in Switzerland, in % of Companies,    •	   Development of Internet Users and Penetration in
       2010 & 2011                                                 Switzerland, in million and %, 2006-2011
 •	    Breakdown of the Number of Payment Methods 		          •	   Internet Users in Switzerland, in % of Population, 		
       offered by Online Shops in Switzerland, in %, 	             by Gender and by monthly Income, 		
       March 2012                                                  October 2011-March 2012
 •	    Average per Capita B2C E-Commerce Sales in 	           •	   Regular Internet Users in Switzerland, 			
       Europe, by Country, incl. Switzerland, in EUR, 	            by Age Group, in %, six Months to March 2012
       2011 & 2012f                                           •	   Fixed Total Broadband Subscribers in Switzerland, 	
 •	    Mobile and M-Commerce Trends in Switzerland, 	              in Total and per 100 Inhabitants, 			
       2012                                                        compared to Germany, USA and the OECD Average,
                                                                   2006-2011
                                                              •	   Broadband Subscribers in Switzerland, 			
 3. SALES                                                          by Access Technology, compared to the 		
                                                                   OECD Average, in %, 2011
 •	    B2C E-Commerce Sales in Switzerland, 			               •	   Share of Online Shoppers on Internet Users in 	
       in CHF billion, 2009-2011                                   Switzerland, by Gender, in %, Q1 2011


 4. SHARES
                                                              7. PLAYERS
 •	    Share of B2C E-Commerce on total Retail Sales in
       Europe, by Country, including Switzerland, in %,       •	   Top 10 most purchased on Online Shops in 	
       2011 & 2012f                                                Switzerland, in % Respondents, 2011
 •	    Share of B2C E-Commerce on total Retail and on         •	   Top 20 Online Shops in Switzerland, 			
       total Distance Sales in Switzerland, in %, 		               by B2C E-Commerce Sales, in CHF million, 2011
       2009-2011                                              •	   Profile of Digitec.ch
                                                              •	   Profile of LeShop.ch
  5. PRODUCTS                                                 •	   Profile of Brack.ch
                                                              •	   Profile of Arp.com
  •	   Purchased Online Product Categories in Switzerland,
                                                              •	   Profile of Distrelec.ch
       in % of Individuals, January 2012


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Table of Contents (4 of 4 - Austria)

 1.	MANAGEMENT SUMMARY                                        6. USERS / SHOPPERS

                                                              •	   Mobile Broadband Trends in Austria, 2012, and
  2. TRENDS                                                        Share of Households with Mobile Broadband Internet
                                                                   Access, by Number of People, in %, Q2 2012
  •	   B2C E-Commerce Trends in Austria, 2011/2012            •	   Fixed total Broadband Subscribers in Austria,
  •	   Retail Goods Research and Online Shopping via               in total and per 100 Inhabitants, 			
       Smartphones in Austria, in % of Smartphone Users,           compared to Germany, USA and the OECD Average,
       May 2011-April 2012                                         2006-2011

  •	   Average per Capita Online Spending of Consumers 	      •	   Broadband Subscribers in Austria, 			
       in Austria, compared to Germany, in EUR, 2011               by Access Technology compared to the 		
                                                                   OECD Average, in %, 2011
                                                              •	   Individuals in Europe using the Internet, by Country,
                                                                   including Austria, in %, 2009-2011
  3. SALES
                                                              •	   Internet and Broadband Household Penetration in
                                                                   Europe, by Country, incl. Austria, in %, 		
  •	   B2C E-Commerce Sales of Goods in Austria, 		
                                                                   2007, 2009 & 2011
       in EUR billion, 2007, 2011 & 2016f
                                                              •	   Development of Internet Users in Austria, 		
                                                                   in millions and in % of Country Population, 	
                                                                   2007-2011
                                                              •	   Comparison of Online Shopper Penetration in the EU,
  4. SHARES
                                                                   by Country, incl. Austria, in % of Population, 2011

  •	   Share of B2C E-Commerce on total Retail Sales in       •	   Share of Online Shoppers on Individuals in Austria,
       Austria, in %, 2010 & 2025f                                 in %, 2007-2012f
                                                              •	   Online Shoppers in Austria, by Age Group, 		
                                                                   in millions and in %, 2012f
                                                              •	   Online Shopper Penetration in Austria, 			
  5. PRODUCTS                                                      by Gender and Age Group, in %, Q2 2012
                                                              •	   Online Shoppers in Austria, 				
  •	   Purchased Online Product Categories in Austria, 		
                                                                   by Gender and Age Group, in thousands, Q2 2012
       in % of Online Shoppers, Q2 2012
  •	   Purchased Online Product Categories in Switzerland,
       in % of Online Shoppers, Q1 2011
  •	   Online Product Categories planned to be purchased      7. PLAYERS
       in Switzerland, in % of Internet Users, 			
       six Months following February 2012                     •	   Top 20 Online Shops in Austria, 				
  •	   Breakdown of B2C E-Commerce and Distance Sales              by B2C E-Commerce Sales, in EUR million, 2010
       in Switzerland, by Product Category, in %, 	           •	   News about Marks&Spencer in Austria, 		
       2010 & 2011                                                 October 2012




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                                                                             Samples (1 of 2)

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


                            Trends                                  Sales                    Shares                   Products               Users / Shoppers             Players


       64% of the total population in Germany ordered goods or services for
       private use online in 2011, a higher share than the EU average of 43%.
       Share of Online Shoppers on Individuals in Germany, compared to the EU Average, in %, 2006-2011

                           70%
                                                                                                                                             64%
                                                                                                                            60%
                           60%
                                                                                                         56%
                                                                     52%               53%
                           50%                     49%

                                                                                                                                                   43%
                                                                                                                                  40%
                           40%                                                                                 37%
                                                                                                                                                                   Germany
                                                                                             32%
                                                                            30%                                                                                    EU27
                           30%
                                                              26%

                           20%


                           10%


                              0%
                                                        2006           2007              2008              2009               2010            2011

       Note: The survey contains individuals having bought or ordered goods or services for private use over the Internet in the last year
       Source: Eurostat, July 2012




                                                                                                                                                                                    61




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                              Trends                                Sales                       Shares                 Products               Users / Shoppers              Players


       The number of mobile orders made in Switzerland increased in 2012,
       with mobile sites becoming more popular than apps.
       Mobile and M-Commerce Trends in Switzerland, 2012

                  Switzerland has one of the highest smartphone penetration rates in Europe, with 33% of mobile phones being smartphones in
                   2012, which is projected to increase to 75% by 2015, as reported by Directpoint Post. The number of registered iPhones in
                   Switzerland is as high as the number in Germany, even though Switzerland only has a population that is 10% of Germany’s.
                  In total, 25% of consumers in Switzerland go online via mobile devices, mainly looking for news, information about the weather
                   and traffic as well as location-based services, social media and entertainment apps. In addition, mobile couponing, price
                   comparisons and product reviews have in increased in the popularity of mobile Internet users in Switzerland.
                  According to Datatrans, M-Commerce remained a strong trend in Switzerland in 2012, with more and more online retailers
                   receiving orders that were made using mobile devices. Especially companies with many users that visit the website often
                   experience a boom in mobile commerce.
                  In order to meet the mobile needs of consumers, a large number of apps and mobile websites have been developed.
                  In addition to creating new apps and websites, existing mobile functions are enhanced as well. QR-Codes for example are
                   offered by some online retailers in Switzerland and others experiment with NFC technology, allowing new ways to use
                   smartphones in online retail.
                  The problem with the M-Commerce trend in Switzerland is the high cost for launching and maintaining the different platforms,
                   which is why online retailers have begun to stop developing apps and to start focusing on mobile websites.
                  In the future, it is expected that mobile devices will not only be used to order products or services, but also to support fulfillment.
                   In 2012, mobile fulfillment in Switzerland was possible by keeping boarding passes and train tickets on a smartphone. However,
                   it is also possible to use smartphones as keys to hotel rooms or rental cards, as a payment method or for location-based
                   services.

        Source: Directpoint Post, 2012; Datatrans, May 2012




                                                                                                                                                                                      15


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                                                               Samples (2 of 2)

                                                       RESEARCH ON INTERNATIONAL MARKETS
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                         Trends                        Sales                    Shares                   Products            Users / Shoppers               Players


       In the six months to March 2012, over 75% of the total population in
       Switzerland aged 14-59 years was using the Internet on a regular basis.
       Regular* Internet Users in Switzerland, by Age Group, in %, six Months to March 2012


                                          14-19
                                                                                                                                       97.9%
                                          Years

                                          20-29                                                                                        95.8%
                                          Years

                                          30-39                                                                                 92.6%
                                          Years

                                          40-49
                                                                                                                              88.9%
                                          Years

                                          50-59
                                                                                                                     79.7%
                                          Years

                                          60-69
                                          Years                                                       58.8%

                                           70+
                                                                           28.6%
                                          Years

                                                  0%             20%              40%              60%              80%            100%             120%

       Note: *several times a week
       Source: Statistics Suisse, 2012




                                                                                                                                                                      29




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                             Trends                    Sales                    Shares                   Products            Users / Shoppers               Players


       In 2011, DSL accounted for almost 70% of broadband Internet
       usage in Austria, while the OECD average was 57%.
       Broadband Subscribers in Austria, by Access Technology compared to the OECD Average, in %, 2011


                                                   Austria                                                                   OECD Average




        Source: OECD, 2012




                                                                                                                                                                      117


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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.
                                                                                                                                                                                                      - 10 -
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                                      Phone:	      +49 (0) 40 - 39 90 68 50                            info@ystats.com
                                      Fax:	        +49 (0) 40 - 39 90 68 51                            www.ystats.com

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Brochure & Order Form_Central Europe B2C E-Commerce Report 2012_by yStats.com

  • 1. Central Europe B2C E-Commerce Report 2012 December 2012 Provided by RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions 2 op e rt 201 l Eu r Repo C entra ommerce E- C B2C November 2012 Publication Date December 2012 Language English Format PDF & PowerPoint Number of Pages/Charts 130 Covered Countries Germany, Switzerland, Austria Price Single User License: € 2,950 (excl. VAT) Site License: € 5,900 (excl. VAT) Global Site License: € 8,850 (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. Central Europe B2C E-Commerce Report 2012 Key Findings Covering Germany, Switzerland and Austria • In Germany in 2011, Internet pure players accounted for the highest B2C E-Commerce sales, while M-Commerce was increasing in popularity. • B2C E-Commerce sales in Germany and Switzerland increased by a double-digit percentage figure in 2011, compared to 2010. In Austria, B2C E-Commerce Sales are expected to reach a CAGR of nearly +10% between 2011 and 2016. • “Apparel, Textiles and Shoes” was the most purchased online product category in Germany in 2011, followed by “Media, Picture, Sound”. In Switzerland, “Travel & Hotel” and “Books & Magazines” were the most purchased online product categories by individuals in January 2012 and in Austria, “Clothing, Sports Goods” was the most purchased online product category in Q2 2012, followed by “Holiday Accommodation and other Travel Arrangements”. • In terms of online sales, Amazon.de was the leading online shop in Germany in 2011, followed by Otto.de, while the leading online shops in Switzerland were Swiss.com and Ricardo.ch. In Austria in 2010, Amazon.at and Universal.at were able to generate the highest online sales. 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. Central Europe B2C E-Commerce Report 2012 Table of Contents (1 of 4 - Germany) 1. MANAGEMENT SUMMARY 2. TRENDS (cont.) • Commercial Social Media Usage Trends in Germany, 2. TRENDS 2012 and Social Media most suitable for increasing Revenues in Distance Selling, in %, Q1 2012 • B2C E-Commerce Market Trends in Germany, 2011 • Online Gaming Trends in Germany, 2010-2012, • B2C E-Commerce and Distance Selling Market including Gaming Spending, in EUR billion, Trends in Germany, 2011 and Share of Online Sales 2010 & 2011 on the Distance Selling Market, in %, 2010 & 2011 • Gamers in Germany per Platform, • Reasons for choosing an Online Shop in Germany, in millions and in % of total Gamers, 2011f by Age Group, in %, April 2012 • Spending on Gaming in Germany, by Platform, • Shopping Basket Values of FMCG in Germany, including Online, in EUR million, 2010 & 2011 Online and In-Store, in EUR, January-May 2012 • Spending on Gaming in Germany, by Platform, • Breakdown of Ordering Method in Germany, including Online, in %, 2010 & 2011 including Online, in EUR billion and in % of Sales, 2011 • Spending on Gaming in Germany, by Platform, including Online, in EUR million, 2011f and Time • Online Payment Trends in Germany, 2011/2012 spent on Games, by Platform, including Online, • Breakdown of preferred Payment Methods of Online in %, 2011f Shoppers in Germany, in %, • Online Gambling and Betting Market Trends in January 2011 & January 2012 Germany, 2012 • Breakdown of Trust in Online Payment Methods in • European Commission concerning the new Germany, compared to regular Payment Methods, Interstate Gambling Treaty in Germany, 2012 in % of Individuals, Q1 2012 • Online Gambling Revenues in Germany, by selected • Reasons for choosing an Online Payment Method in Online Gambling Category, in EUR million, 2011 Germany, in % of Individuals, Q1 2012 • Importance of Delivery Aspects in Germany, in % of Online Shoppers, December 2011 3. SALES • B2C E-Commerce Delivery Destination Preferences in Germany, in % of Online Shoppers, July 2012 • B2C E-Commerce Sales in Germany, in EUR billion, • B2C E-Commerce Delivery Destination Options in 2008-2012f Germany, in % of Online Retailers, July 2012 • Distance Sales Volume in Germany, by Sales Type, • Information Sources used by Shoppers within in EUR billion and Breakdown of Distance Sales Distance Selling (incl. Online) in Germany, Volume, by Sales Type, in % of total Turnover, and Visit of Retailer’s Homepage, by Age Group, 2010 & 2011 in %, 2011 • Mobile Content Activities in Germany, in %, May 2012 4. SHARES • Smartphone Users who visit Mobile Retail Sites in • Share of B2C E-Commerce on total Retail Sales in Germany, in millions, % Change and % Smartphone Europe, by Country, including Germany, Audience, March-May 2012 in %, 2011 & 2012f • Fast growing Mobile Content Categories in Germany, • Share of B2C E-Commerce Sales on total Retail in % Growth, Year-on-Year Change, July 2012 Sales in Germany, in %, 2008-2012f -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. Central Europe B2C E-Commerce Report 2012 Table of Contents (2 of 4 - Germany) 5. PRODUCTS 6. USERS / SHOPPERS (cont.) • Turnover of B2C E-Commerce Product Categories in • Mobile Internet Users in Germany, Germany, by Product Category, in millions and % in Change, 2010 & 2011 in EUR million and in % Growth, 2010 & 2011 • Growth in Internet Usage in Germany, • B2C E-Commerce Services Sales in Germany, by Access Device, in %, 2011 & 2012f by Service Category, in EUR billion, 2011 • Online Shoppers in Germany, • Breakdown of B2C E-Commerce Service Turnover in in millions and in % Growth, 2007-2011 Germany, by Service Category, in %, 2011 • Share of Online Shoppers on Individuals in Germany, • Most popular Online Product Categories in Germany, compared to the EU Average, in %, 2006-2011 by Product Category, in million Online Shoppers and • EU Comparison of Online Shopper Penetration, in % Growth Rate, 2010 & 2011 by Country, including Germany, in % of Population, • Distance Sales in Germany, by Product Category, 2011 in EUR million, Q2 2012 • Share of Internet Users in Germany ever having • Top 5 Distance Selling Product Categories in shopped Online, in % of Internet Users, April 2012, Germany, by Sales, in EUR million and and Breakdown of Online Purchase Frequency, in % Growth vs. Q2 2011, Q2 2012 in % of Internet Users, 12 Months to April 2012 • Share of Internet Users in Germany ever having • Monthly Online Shopping in Germany, by Device, booked overnight Accommodation Online, in % of Consumers and Device Users, by Type of Accommodation, in %, 2011 April-May 2012 • Product Categories for which Shoppers in Germany • Mobile Online Shoppers in Germany, searched Information through their Mobile Devices in million Mobile Device Users, 2010 & 2011 prior to conducting a Purchase, in %, 2011 • Share of Tablet and Smartphone Users in Germany that used their Device to buy the following Products, 7. PLAYERS by Product Category, in %, April 2012 • Top 5 Online Retail Websites in Germany, by Online Shoppers, in millions, 2011 6. USERS / SHOPPERS • Top 20 Online Retailers in Germany, by B2C E-Commerce Sales, in EUR million, 2011 • Internet Users in Germany, in millions, 2011-2016f • Profile of Amazon.de • Individuals in Europe using the Internet, by Country, • Profile of OTTO.de including Germany, in %, 2009-2011 • Profile of Notebooksbilliger.de • Internet and Broadband Household • Profile of Conrad.de Penetration in Europe, by Country, incl. Germany, in % of Households, 2007, 2009 & 2011 • Profile of Weltbild.de • Fixed Broadband Subscribers in Germany, in Total • Profile of Bonprix.de (millions) and per 100 Inhabitants, compared to • Profile of Esprit.de Germany, USA and the OECD Total, 2006-2011 • Profile of Hm.com/de • Broadband Subscribers in Germany, • Profile of Thomann.de by Access Technology, compared to the • Profile of Baur.de OECD Average in %, 2011 -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. Central Europe B2C E-Commerce Report 2012 Table of Contents (3 of 4 - Switzerland) 1. MANAGEMENT SUMMARY 5. PRODUCTS • Purchased Online Product Categories in Switzerland, 2. TRENDS in % of Online Shoppers, Q1 2011 • B2C E-Commerce Trends in Switzerland, 2012 • Online Product Categories planned to be purchased in Switzerland, in % of Internet Users, • B2C E-Commerce Sales Development in Switzerland, six Months following February 2012 2011/2012 and Breakdown of B2C E-Commerce Sales Development, in % of Online Retailers, • Breakdown of B2C E-Commerce and Distance Sales in Switzerland, by Product Category, in %, • 2011 vs. 2010 2010 & 2011 • Breakdown of B2C E-Commerce and Distance Sales in Switzerland, by Order Method, in %, 2010 & 2011 6. USERS / SHOPPERS • Breakdown of preferred Payment Methods in Distance Selling in Switzerland, in % of Companies, • Development of Internet Users and Penetration in 2010 & 2011 Switzerland, in million and %, 2006-2011 • Breakdown of the Number of Payment Methods • Internet Users in Switzerland, in % of Population, offered by Online Shops in Switzerland, in %, by Gender and by monthly Income, March 2012 October 2011-March 2012 • Average per Capita B2C E-Commerce Sales in • Regular Internet Users in Switzerland, Europe, by Country, incl. Switzerland, in EUR, by Age Group, in %, six Months to March 2012 2011 & 2012f • Fixed Total Broadband Subscribers in Switzerland, • Mobile and M-Commerce Trends in Switzerland, in Total and per 100 Inhabitants, 2012 compared to Germany, USA and the OECD Average, 2006-2011 • Broadband Subscribers in Switzerland, 3. SALES by Access Technology, compared to the OECD Average, in %, 2011 • B2C E-Commerce Sales in Switzerland, • Share of Online Shoppers on Internet Users in in CHF billion, 2009-2011 Switzerland, by Gender, in %, Q1 2011 4. SHARES 7. PLAYERS • Share of B2C E-Commerce on total Retail Sales in Europe, by Country, including Switzerland, in %, • Top 10 most purchased on Online Shops in 2011 & 2012f Switzerland, in % Respondents, 2011 • Share of B2C E-Commerce on total Retail and on • Top 20 Online Shops in Switzerland, total Distance Sales in Switzerland, in %, by B2C E-Commerce Sales, in CHF million, 2011 2009-2011 • Profile of Digitec.ch • Profile of LeShop.ch 5. PRODUCTS • Profile of Brack.ch • Profile of Arp.com • Purchased Online Product Categories in Switzerland, • Profile of Distrelec.ch in % of Individuals, January 2012 -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. Central Europe B2C E-Commerce Report 2012 Table of Contents (4 of 4 - Austria) 1. MANAGEMENT SUMMARY 6. USERS / SHOPPERS • Mobile Broadband Trends in Austria, 2012, and 2. TRENDS Share of Households with Mobile Broadband Internet Access, by Number of People, in %, Q2 2012 • B2C E-Commerce Trends in Austria, 2011/2012 • Fixed total Broadband Subscribers in Austria, • Retail Goods Research and Online Shopping via in total and per 100 Inhabitants, Smartphones in Austria, in % of Smartphone Users, compared to Germany, USA and the OECD Average, May 2011-April 2012 2006-2011 • Average per Capita Online Spending of Consumers • Broadband Subscribers in Austria, in Austria, compared to Germany, in EUR, 2011 by Access Technology compared to the OECD Average, in %, 2011 • Individuals in Europe using the Internet, by Country, including Austria, in %, 2009-2011 3. SALES • Internet and Broadband Household Penetration in Europe, by Country, incl. Austria, in %, • B2C E-Commerce Sales of Goods in Austria, 2007, 2009 & 2011 in EUR billion, 2007, 2011 & 2016f • Development of Internet Users in Austria, in millions and in % of Country Population, 2007-2011 • Comparison of Online Shopper Penetration in the EU, 4. SHARES by Country, incl. Austria, in % of Population, 2011 • Share of B2C E-Commerce on total Retail Sales in • Share of Online Shoppers on Individuals in Austria, Austria, in %, 2010 & 2025f in %, 2007-2012f • Online Shoppers in Austria, by Age Group, in millions and in %, 2012f • Online Shopper Penetration in Austria, 5. PRODUCTS by Gender and Age Group, in %, Q2 2012 • Online Shoppers in Austria, • Purchased Online Product Categories in Austria, by Gender and Age Group, in thousands, Q2 2012 in % of Online Shoppers, Q2 2012 • Purchased Online Product Categories in Switzerland, in % of Online Shoppers, Q1 2011 • Online Product Categories planned to be purchased 7. PLAYERS in Switzerland, in % of Internet Users, six Months following February 2012 • Top 20 Online Shops in Austria, • Breakdown of B2C E-Commerce and Distance Sales by B2C E-Commerce Sales, in EUR million, 2010 in Switzerland, by Product Category, in %, • News about Marks&Spencer in Austria, 2010 & 2011 October 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. Central Europe B2C E-Commerce Report 2012 Samples (1 of 2) RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions Trends Sales Shares Products Users / Shoppers Players 64% of the total population in Germany ordered goods or services for private use online in 2011, a higher share than the EU average of 43%. Share of Online Shoppers on Individuals in Germany, compared to the EU Average, in %, 2006-2011 70% 64% 60% 60% 56% 52% 53% 50% 49% 43% 40% 40% 37% Germany 32% 30% EU27 30% 26% 20% 10% 0% 2006 2007 2008 2009 2010 2011 Note: The survey contains individuals having bought or ordered goods or services for private use over the Internet in the last year Source: Eurostat, July 2012 61 RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions Trends Sales Shares Products Users / Shoppers Players The number of mobile orders made in Switzerland increased in 2012, with mobile sites becoming more popular than apps. Mobile and M-Commerce Trends in Switzerland, 2012  Switzerland has one of the highest smartphone penetration rates in Europe, with 33% of mobile phones being smartphones in 2012, which is projected to increase to 75% by 2015, as reported by Directpoint Post. The number of registered iPhones in Switzerland is as high as the number in Germany, even though Switzerland only has a population that is 10% of Germany’s.  In total, 25% of consumers in Switzerland go online via mobile devices, mainly looking for news, information about the weather and traffic as well as location-based services, social media and entertainment apps. In addition, mobile couponing, price comparisons and product reviews have in increased in the popularity of mobile Internet users in Switzerland.  According to Datatrans, M-Commerce remained a strong trend in Switzerland in 2012, with more and more online retailers receiving orders that were made using mobile devices. Especially companies with many users that visit the website often experience a boom in mobile commerce.  In order to meet the mobile needs of consumers, a large number of apps and mobile websites have been developed.  In addition to creating new apps and websites, existing mobile functions are enhanced as well. QR-Codes for example are offered by some online retailers in Switzerland and others experiment with NFC technology, allowing new ways to use smartphones in online retail.  The problem with the M-Commerce trend in Switzerland is the high cost for launching and maintaining the different platforms, which is why online retailers have begun to stop developing apps and to start focusing on mobile websites.  In the future, it is expected that mobile devices will not only be used to order products or services, but also to support fulfillment. In 2012, mobile fulfillment in Switzerland was possible by keeping boarding passes and train tickets on a smartphone. However, it is also possible to use smartphones as keys to hotel rooms or rental cards, as a payment method or for location-based services. Source: Directpoint Post, 2012; Datatrans, May 2012 15 -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. Central Europe B2C E-Commerce Report 2012 Samples (2 of 2) RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions Trends Sales Shares Products Users / Shoppers Players In the six months to March 2012, over 75% of the total population in Switzerland aged 14-59 years was using the Internet on a regular basis. Regular* Internet Users in Switzerland, by Age Group, in %, six Months to March 2012 14-19 97.9% Years 20-29 95.8% Years 30-39 92.6% Years 40-49 88.9% Years 50-59 79.7% Years 60-69 Years 58.8% 70+ 28.6% Years 0% 20% 40% 60% 80% 100% 120% Note: *several times a week Source: Statistics Suisse, 2012 29 RESEARCH ON INTERNATIONAL MARKETS We deliver the facts – you make the decisions Trends Sales Shares Products Users / Shoppers Players In 2011, DSL accounted for almost 70% of broadband Internet usage in Austria, while the OECD average was 57%. Broadband Subscribers in Austria, by Access Technology compared to the OECD Average, in %, 2011 Austria OECD Average Source: OECD, 2012 117 -8- 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
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  • 10. Central Europe 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 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. - 10 - 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