General Terms and Conditions of Honest & Rare UG (haftungsbeschränkt)
§ 1 General regulations
(4) However, in deviation from (1), the platform operator also acts as a seller himself, so that §§ 2, 3 (2) lit. d), 5, 6, 7, 11, 12 to 15, 16, 18 (1) to (7), (9) and (12), 20 as well as § 23 of the General Terms and Conditions also apply to contracts concluded between a consumer in the sense of § 13 BGB (German Civil Code) and the platform operator via the marketplace.
(5) The platform operator also sells vouchers on its marketplace. The purchase price paid by the customer is first credited to the platform operator's account with Stripe. The voucher is to be redeemed exclusively on the website of the platform operator. Customers who designate the respective voucher code can redeem the voucher within a period of three years. The voucher itself is transferable and applies to all products displayed on the website of the platform operator. Only one voucher can be redeemed per order. In the event that the value of the voucher exceeds the value of the goods purchased with it, the remaining credit remains for the customer and can be used for further purchases.
(6) Entrepreneur in the sense of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
A consumer within the meaning of § 13 BGB is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
§2 Applicable law, mandatory consumer protection regulations
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a country that is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
§3 Services and Duties of the Platform Operator
(1) The marketplace is a platform for beverage producers and beverage distributors to trade beverages. The marketplace has an integrated, automated messaging system to simplify communication between purchaser and supplier as well as extensive functionalities to manage and monitor all ongoing business transactions.
(2) The Platform Operator undertakes to provide the following services on the basis of the agreements between it and the Merchant:
(a) Provision of the usage options of the marketplace after admission of the Merchant pursuant to § 4 by making available its own online store as well as generating sales for the Merchant;
(b) Listing of the Merchant's logo on the Subpage and linking to the URL of the online store made available to the Merchant;
(c) Management of all payments and disbursements by the service provider Stripe, with the platform operator assuming the service provider's online payment fees, which are settled with the commission pursuant to Section 4 (3);
(d) Enabling negotiations and conclusion of contracts on the Marketplace between Merchant and Consumer pursuant to § 5;
(e) Creation of information and communication possibilities among the merchants or contracting parties;
(f) Consulting and support services for the merchants according to a separate agreement with the platform operator.
(3) The platform operator reserves the right to change, expand or discontinue the marketplace at any time, as well as to exclude certain end customers, groups of end customers or merchants from using the marketplace.
§ 4 Admission and access to the marketplace for traders
(1) The prerequisite for using the marketplace as a trader is admission by the platform operator. There is no entitlement to admission or use of the marketplace.
(3) The Merchant shall pay the Platform Operator a monthly commission in the amount of 15.0% of its monthly gross sales revenue excluding shipping costs and bottle deposits. Unless otherwise agreed, the respective commission shall be invoiced monthly and shall be due immediately after invoicing without deduction, but plus value added tax, at the respective applicable tax rate by the 3rd working day of each month at the latest. The monthly income will be paid to the user minus the agency commission.
If a payment is made by a customer, Stripe executes the so-called "Payment Split". This means that the commission share plus the statutory VAT is credited to the Stripe account of the platform operator and the remaining amount is credited to the Stripe account of the merchant.
However, payment processing requires that the merchant has registered with Stripe and created an account. Only in this case can merchants receive payments/disbursements.
By registering with Stripe, the user agrees to the following agreements of Stripe:
- Stripe Connected Account Agreement (https://stripe.com/de/connect-account/legal)
- Stripe Services Agreement (https://stripe.com/de/legal)
- Payment Terms (https://www.stripe.com/payment-terms/legal)
(4) In addition to the aforementioned commission, the platform operator shall be entitled to payment of the statutory value added tax payable thereon.
(5) The merchant shall be in default without further reminder if the payments are not credited to the platform operator's account on the agreed date. The statutory consequences of default shall apply.
(6) With regard to all payment claims, the Merchant's right of retention or set-off shall be excluded unless the Merchant's counterclaims are undisputed or have been legally established.
(7) The platform operator may offset the invoice amounts against the collected amounts of the end customers.
(8) Via the master login transmitted in the admission confirmation, the Merchant has the possibility to grant the employees in his company their own access authorization and to configure it according to his wishes in order to enable them to work optimally on the marketplace.
(9) The Merchant warrants that the information provided by him, in particular in the context of his application for admission pursuant to paragraph 2, to the Platform Operator and other Merchants is true and complete. He undertakes to notify the platform operator immediately of any future changes to the information provided. The same applies to all information provided by the Merchant when setting up employee logins.
With the validity of these General Terms and Conditions, the Merchant agrees that the details and transaction information provided by him are transmitted to the payment service provider Stripe for the purpose of processing payment transactions.
(10) The platform operator is entitled to withdraw a merchant's admission or to block access to the marketplace if there is sufficient suspicion that the merchant has violated these Terms and Conditions. The merchant can avert these measures if he eliminates the suspicion by presenting suitable evidence at his own expense.
(11) All logins are individualized and may only be used by the respective authorized merchant. The Merchant is obliged to keep the login and password secret and to protect them from unauthorized access by third parties. The Merchant shall also be responsible for keeping the employee logins secret and shall instruct its employees accordingly. In case of suspicion of misuse by a third party, the Merchant shall immediately inform the Platform Operator thereof. As soon as the platform operator becomes aware of the unauthorized use, the platform operator will block the access of the unauthorized user. The platform operator reserves the right to change the login and password of a merchant, in such a case the platform operator will inform the merchant immediately.
(12) The Merchant agrees to the storage of the billing data for purposes of evidence and/or within the scope of the statutory retention obligations.
§ 5 Conclusion of contracts on the marketplace
(1) The presentation of our goods as well as the presentation of the merchants' goods in their online stores on our marketplace does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By clicking the "Order with obligation to pay" button in the last step of the ordering process, you submit a binding offer to purchase the goods displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and by a separate e-mail or send the goods to the dispatch. Please check the SPAM folder of your e-mail box regularly. When purchasing alcohol, the consumer assures to have reached the necessary minimum age.
For the order of goods of the merchant the respective general terms and conditions of the merchant apply.
Imprint and General Terms and Conditions of the respective merchant are visible to the consumer on our marketplace. The consumer can view and access both the imprint and the merchant's general terms and conditions on the order overview page before deciding to order the merchant's goods for a fee.
(3) You can select goods for purchase for booking on our marketplace by placing them in a shopping cart by clicking on the appropriate button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After you have selected the items in the shopping cart and entered all the necessary order and address data in the following step, clicking the "Continue" button will open a page in which the main item details, including any costs incurred, are summarized once again. Up to this point you can correct your entries or refrain from declaring the contract. A binding offer within the meaning of paragraph 2 shall only be made by subsequently pressing the button "Order subject to payment".
(4) Actions using the respective login of a merchant are generally attributable to the merchant. Merchants are responsible for all declarations of intent made by themselves on the platform. For declarations made by third parties under the merchant's member account, they shall be liable to a foreseeable extent in accordance with the principles of a contract with protective effect for third parties.
(5) The platform operator reserves the right to change or expand the content and structure of the platform as well as the associated user interfaces if this does not or not significantly impair the fulfillment of the purpose of the contract concluded with the merchant. The platform operator will inform the merchants of the marketplace about the changes accordingly.
§ 6 Correction notice
As part of the ordering process, you first place the desired goods in the shopping cart. There you can change the desired number of items at any time or remove selected goods completely. If you have placed goods in the shopping cart, clicking on the "Next" buttons will take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page opens where you can check your information. You can correct your input errors (e.g. regarding payment method, data or the desired quantity) by clicking on "Edit" in the respective field. If you want to cancel the ordering process completely, you can also simply close your browser window. Otherwise, after clicking the confirmation button "Order with obligation to pay" your declaration becomes binding in the sense of § 5 paragraph 2 of these terms and conditions.
§ 7 Storage of the contract text
The contractual provisions with details of the ordered goods, including these General Terms and Conditions and the cancellation policy will be sent to you by e-mail with the acceptance of the contract offer or with the notification thereof. A storage of the contract provisions by us does not take place.
§8 Services and obligations of the dealer
(1) The merchant undertakes to provide the following services on the basis of the agreements between the merchant and the platform operator:
(2) The Merchant undertakes to use the online store provided by the Platform Operator only for the specified purpose of the marketplace. He undertakes to provide the data required for the conclusion of the contract carefully and to the best of his knowledge and not to provide any misleading information, as well as not to overload the marketplace by abusive use. When placing his goods on the marketplace, the merchant undertakes not to use any software or other data that could lead to changes in the physical or logical structure of the network, the software and/or the operating system. The merchant shall refrain from attempting to gain unauthorized access to third party data. Furthermore, the User undertakes to keep secret any passwords and/or registration data provided to him by the Platform Operator for registration purposes and to make them accessible only to those persons who have been effectively authorized by him to do so. The Merchant shall immediately notify the Platform Operator in writing of any changes to its data (in particular, but not exclusively: address, name, telephone number, e-mail, registered office, accounts).
(3) The Merchant is obligated to make the offers posted by him lawful. In particular, but not exclusively, the Merchant shall ensure that the content does not violate the religious and cultural interests of other merchants and/or end customers, that the offers do not show any defamatory, infringing, insulting, threatening, obscene, pornographic, harmful to minors or otherwise unlawful or immoral content. The merchant guarantees that the content which may be made accessible via links in his own offer also complies with these requirements. The merchant undertakes not to send so-called spam or junk mail. The merchant undertakes not to distribute content or technologies based on the technologies of L. Ron Hubbard. Furthermore, the Merchant undertakes to post the General Terms and Conditions applicable to its business operations in the offer and in a clearly visible place in accordance with the requirements of the law.
(4) The merchant undertakes to provide the platform operator with the exact integration inhttps://www.honest-rare.de. to send the logo of his company in a maximum width of 800 pixels, in a maximum height of 800 pixels and in a maximum file size of 500 kB as a jpeg or gif file. Animated graphics cannot be considered by the platform operator. The merchant agrees that the platform operator may use the logo on the pagehttps://www.honest-rare.de and in related publications and advertising. The Merchant agrees to send the logo to the Platform Operator no later than 10 days prior to the start of use, but no later than one month after admission to the marketplace.
(6) The merchant undertakes to keep the inventory of its products up-to-date vis-à-vis the platform operator and to notify the platform operator immediately if a product is no longer in stock. If the Platform Operator incurs any reimbursement costs because a customer has purchased a product from the Merchant that is no longer in stock, the User shall be charged with these reimbursement costs.
The Merchant is obliged to process orders from Customers without culpable delay and to notify the Platform Operator of the completion of an order or the shipment of the Product to the Customer. The Merchant may notify the Platform Operator either by e-mail or by changing the order status in its account.
(7) The Merchant shall be the exclusive contractual partner of its customers (end customers/consumers). The platform operator is merely an intermediary. Any rights and obligations arising from the contractual relationship between the merchant and its customers exist exclusively between these parties. The merchant shall indemnify the platform operator from any claims of the merchant's customer.
(8) The Merchant undertakes to observe the prohibition of the sale of alcohol to children and adolescents on the basis of § 9 of the German Youth Protection Act (JuSchG) and to compulsorily provideage verification measuresat the shipping stage which ensure that the delivery of the order complies with the requirements for the protection of minors by cumulatively satisfying and ensuring the following conditions
a) that the ordered delivery is only handed over to the customer;
b) that the identity of the person placing the order and the person receiving the order, i.e. the person who receives the ordered delivery and, is ensured
c) that the ordering person has the required minimum age.
(9) Goods or services that may only be offered against a legally required proof may only be offered and demanded on the Marketplace if the proof has been included in the description of the goods or services and the goods or services are only provided against the legally required proof.
(10) The merchant undertakes to observe and comply with the sales guidelines and code of conduct for sellers of the platform operator.
§ 9 External content
(1) The merchants are prohibited from placing content (e.g. through links or frames) on the marketplace that violates legal regulations, official orders or morality. Furthermore, they are prohibited from posting content that violates rights, in particular copyrights or trademark rights of third parties.
(2) The platform operator does not adopt third party content as his own under any circumstances. The merchant guarantees the platform operator and the other merchants of the platform that the goods and services offered by him in tenders and auctions do not violate any copyrights, trademarks, patents, other industrial property rights or trade secrets.
(3) The platform operator reserves the right to block third-party content if it is punishable under the applicable laws or is recognizably used for the preparation of punishable acts.
(4) The Merchant shall indemnify the Platform Operator against all claims asserted by third parties against the Platform Operator due to the infringement of their rights or due to legal violations based on the offers and/or content posted by the Merchant, provided that the Merchant is responsible for such claims. In this respect, the Merchant shall also bear the costs of the legal defense of the Platform Operator including all court and attorney fees.
§ 10 Other Duties of the Merchant
(1) The merchant is obliged to,
1) to set up and maintain the necessary data security precautions during the entire term of the contract. This essentially refers to the careful and conscientious handling of logins and passwords;
1) to inform the platform operator immediately of any technical changes occurring in his area if they are likely to impair the provision of services or the security of the platform operator's marketplace;
c) to cooperate in the clarification of attacks by third parties on the marketplace, insofar as this cooperation by the user is required;
d) to conduct business on the marketplace exclusively within the scope of commercial business operations for commercial purposes.
(2) The merchant undertakes to refrain from all measures that endanger or disrupt the functioning of the marketplace and not to access data to which he is not entitled. Furthermore, he must ensure that his information transmitted via the marketplace and posted data are not afflicted with viruses, worms or Trojan horses. The Merchant agrees to compensate the Platform Operator for all damages resulting from the Merchant's failure to comply with these obligations and, in addition, to indemnify the Platform Operator against claims of third parties, including attorney's fees and court costs, which such third parties assert against the Platform Operator due to the Merchant's failure to comply with these obligations.
§11 Terms of payment
(1) The purchase price is due immediately with the order.
(2) The payment of the goods is made through our payment service provider Stripe.
§ 12 Right of withdrawal for consumers
If the customer is a consumer within the meaning of § 1 (5) sentence 2 of these General Terms and Conditions and has purchased goods using exclusively means of distance communication (for example, by letter, catalog, e-mail or Internet) from the platform operator as seller, he has a right of withdrawal in accordance with the following cancellation policy.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us at.
Honest & Rare UG (haftungsbeschränkt),
Tel: +49 (0) 30 - 797 40 200,
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You shall return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
The right of withdrawal does not apply to
- Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- Contracts for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
- End of the cancellation policy -
Model withdrawal form
(If you wish to cancel the contract, please fill in and return this form)
Honest & Rare UG (limited liability),
- I/we (°) hereby revoke the contract concluded by me/us (°) for the purchase of the following goods (°)/the provision of the following service (°)
- Ordered on (°)/received on (°)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
(°) Delete as applicable.
§ 13 Retention of Title
(1) The goods remain our property until full payment. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.
(2) For contracts between the user and a consumer, the general terms and conditions of the user apply.
§14 Terms of Delivery
(1) We deliver the goods according to the agreements made with the consumer. Incidental shipping costs are listed in the product description and will be shown separately on the invoice.
(2) For contracts between the user and a consumer, the general terms and conditions of the user apply.
(1) Insofar as the goods purchased and delivered in our online store are defective, you are entitled to demand subsequent performance, withdraw from the contract or reduce the purchase price within the framework of the statutory provisions.
(2) The limitation period of warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have fraudulently concealed shall become time-barred within the regular limitation period.
(3) You are also entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly issued such a guarantee in relation to the sold item in the individual case.
(4) For contracts between the user and a consumer, the general terms and conditions of the user apply.
§ 16 Settlement of contracts concluded on the marketplace between trader and consumer
(1) The processing of contracts concluded on the marketplace is the sole responsibility of the respective merchants. The platform operator assumes neither a guarantee for the fulfillment of the contracts concluded on the marketplaces between the merchants nor a liability for material defects or defects of title of the traded goods and services. The platform operator shall not be under any obligation to ensure the performance of the contracts concluded between the traders.
(2) The platform operator cannot guarantee the true identity and the power of disposal of the traders. In case of doubt, both contracting parties are obliged to inform themselves in an appropriate manner about the true identity as well as the power of disposal of the other contracting party.
§ 17 Rights of use/external presentation
(1) For the duration of the merchant's admission to the marketplace, the platform operator shall be granted the right to advertise the merchant's participation in the platform operator's marketplace. The platform operator is authorized to use product texts and product images of the merchant for this purpose for advertising in social media, on the online presence of the platform operator, in brochures, flyers and company presentations.
(2) For the duration of the admission to the marketplace, the Merchant shall be granted the right to advertise its participation in the marketplace of the Platform Operator. The Merchant is also authorized to use texts, trademarks or other marks of the Platform Operator for this purpose.
(3) The Parties shall coordinate press releases that go beyond the usual advertising with each other in advance. If the Parties cannot agree, the Platform Operator retains the right to make the final decision on a press release.
(4) Should the Merchant no longer use the Marketplace of the Platform Operator (e.g. by closing its online store on the Marketplace), the Platform Operator is permitted to list the former User with the most important products athttps://www.honest-rare.de/rip-ehemalige-getraenkehelden/.
§18 Liability of the platform operator
(1) A liability of the platform operator - no matter for what legal reason - only occurs if the damage
a) has been caused by culpable violation of one of the cardinal obligations or essential secondary obligations in a way that endangers the achievement of the purpose of the contract or
b) is due to gross negligence or intent on the part of the platform operator.
(2) If the platform operator is liable pursuant to § 18 No. 1 lit. a for the breach of an essential contractual obligation without gross negligence or intent, the liability shall be limited to the extent of the damage which the platform operator could typically expect to occur at the time of the conclusion of the contract based on the circumstances known to it at that time. This shall apply in the same way to damages caused by gross negligence or intent on the part of employees of the platform operator's agents who do not belong to the platform operator's managing directors or executives. Liability for consequential damages, in particular for loss of profit or compensation for damages to third parties, shall be excluded unless the platform operator is guilty of intent or gross negligence.
(3) Claims for damages under the Product Liability Act and for damages arising from injury to life, limb or health shall remain unaffected by the above limitations of liability.
(4) In the relationship with the merchant, the platform operator has only an intermediary role vis-à-vis the customer and therefore does not assume any warranty for products or services of the merchant.
(5) The platform operator shall be liable for the loss of data and programs and their recovery within the scope set out in § 15 and only to the extent that this loss could not have been avoided by taking reasonable precautionary measures, in particular by making daily backup copies of all data and programs.
(6) The Platform Operator shall not be liable for any disruptions within the line network for which the Platform Operator is not responsible.
(7) The above limitations of liability shall also apply in favor of any legal representatives and vicarious agents of the platform operator that may be involved.
(8) Any liability claims shall lapse if the Merchant intervenes in the sphere of the platform operator on its own initiative, modifies it in any way whatsoever, irrespective of the extent to which such modifications take place or have taken place.
(9) The platform operator shall not be liable for the content posted by the merchant, which must at least comply with the requirements pursuant to § 8 (3). The Platform Operator shall not be liable for the claims about products and/or services of the Merchant contained in the content. Possible violations of competition law, copyright law, trademark law, data protection law or other legal provisions of actions are the responsibility of the Merchant. The platform operator will make appropriate reference to this regulation vis-à-vis the end customer in the portal by means of general terms and conditions and disclaimers.
(10) The Merchant shall hold the Platform Operator harmless from any claims of third parties. With regard to the costs of defense, the indemnification is limited to the statutory attorney's fees and court costs. Any settlement between the Platform Operator and the claimant is subject to the Merchant's consent. The Merchant shall inform the claimant thereof.
(11) If the Platform Operator becomes aware of illegal content of the Merchant's store, it shall be entitled to immediately prevent the link to the offending pages.
(12) Insofar as the marketplace offers the possibility of forwarding to databases, websites, services, etc. of third parties, e.g. by means of the marketplace, the platform operator shall be entitled to terminate the link immediately. The Platform Operator shall not be liable for the accessibility, existence or security of these databases or services, nor for their content, in particular the Platform Operator shall not be liable for their legality, correctness, completeness, up-to-dateness, etc. The Platform Operator shall not be liable for the content of such databases or services.
§ 19 Data Security, Data Protection - Trader
(1) The servers of the platform operator are secured according to the state of the art, in particular by firewalls; however, the merchant is aware that there is a risk for all participants that transmitted data can be read in the transmission path. This applies not only to the exchange of information via e-mail leaving the system, but also to the integrated messaging system and all other transmissions of data. The confidentiality of data transmitted in the course of using the marketplace can therefore not be guaranteed.
(2) The platform operator is entitled to process and store the data received from the merchant in connection with the business relationship during the term of this contract in compliance with the requirements of the applicable data protection provisions. Specifically, the Merchant agrees that the Platform Operator:
(a) store and process the information provided by the Merchant in the context of the admission application regarding company data, invoice data and contact persons of the Merchant as well as corresponding updates communicated by the Merchant;
(b) stores the data independently entered by the Merchant into the Marketplace under Administration in connection with the company presentation requested by the Merchant in the Trading Area and makes it available for retrieval by other registered and non-registered Merchants in the public and closed areas of the Marketplace;
(c) stores personal data used in the course of transactions, if any, and forwards such data to other merchants and - if the merchant concerned so requests by selecting a public transaction - keeps such data available for retrieval in the public area of the Marketplace for other registered and non-registered merchants;
(d) stores and forwards non-personal data on the content of the Transactions to other Merchants and - to the extent the Merchant concerned wishes to do so by selecting a public Transaction - keeps it available for retrieval in the public area of the Marketplace for other registered and non-registered Merchants.
(3) Any further use of personal data beyond the aforementioned use shall require the separate consent of the Merchant. The Merchant shall be entitled to revoke its consent granted pursuant to paragraph 3 at any time, insofar as it has hereby consented to the use of personal data.
(5) Upon admission pursuant to § 3, the Merchant warrants to the Platform Operator and all other Merchants that the Merchant has complied with the requirements of data protection law with respect to the data transferred by it and indemnifies the Platform Operator from any claims, including claims under public law. In particular, the Merchant itself shall ensure that the consent of employees, if required, is obtained before personal data of employees is entered into the platform in the context of setting up employee logins or in any other way.
§ 20 Data protection - Consumer
It is part of our quality standards to deal responsibly with your personal data as a consumer.
In this respect, we refer to our data protection declaration.
§ 21 Assignment and set-off
(1) A partial or complete transfer of the merchant's rights from the contractual relationship with the platform operator to third parties is excluded.
(2) The merchant shall only be entitled to set-off against the platform operator with undisputed or legally binding counterclaims.
§22 Duration of contract
(2) The contractual relationship may be terminated by the platform operator as well as by the merchant at any time to the end of the month.
(3) Each party shall have the right to terminate the contractual relationship for good cause without notice. An important reason for the platform operator is in particular:
(b) the tortious act of a merchant or the attempt of such, e.g. fraud;
(c) the Merchant's default in payment by more than six weeks.
(d) ongoing operational disruptions due to force majeure beyond the control of the platform operator, such as natural disasters, fire, breakdown of line networks through no fault of the platform operator.
(4) Any termination must be made in writing. Terminations by fax or e-mail shall comply with the written form.
§ 23 Final Provisions
(1) The Merchant's general terms and conditions shall not apply, even if their inclusion has not been expressly objected to.
(2) Amendments, supplements and terminations of these General Terms and Conditions must be made in writing. Also a cancellation of this contract or an amendment of this written form clause require the written form. No ancillary agreements have been made.
(3) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you, as a consumer, had your domicile or usual place of residence in Germany when concluding a contract with us and have either moved out of Germany at the time we file an action or your domicile or usual place of residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Berlin.
(4) The place of performance shall be the registered office of the platform operator if the merchant is an entrepreneur.
(5) The place of jurisdiction is the registered office of the merchant, provided that the merchant is an entrepreneur.
(6) We draw the attention of consumers within the meaning of § 1 (5) to the fact that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013, details of which can be found in the Regulation (EU) No. 524/2013 and at the Internet address:https://ec.europa.eu/consumers/odr.
Our e-mail address is: email@example.com. We point out in accordance with § 36 VSBG that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(7) Should individual provisions of these General Terms and Conditions be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The ineffective provision shall be replaced by the contracting parties by mutual agreement with a provision that comes as close as possible to the economic purpose of the ineffective provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes. The same shall apply in the event that any supplements to the agreement become necessary. § Section 139 of the German Civil Code shall not apply.