General terms and conditions for VENDORS
- Sales criteria
- Sales Offer/ Order Processing
- Payment processing
- Special obligations of the seller
- Intellectual property
- Distribution channels and ranking algorithms
- Data access
- Exclusion of offers / suspension of vendors
- Dispute resolution
- Internal complaint management system
- Customer reviews
- Release from liability
- Set-off, right of retention
- Data ethics
- Fee overview
- Duration and termination of the contract of use
- Final provisions
Nicolay, Lemke & Cichy GbR, Königshütter Str. 23, 40627 Düsseldorf, Germany (hereinafter referred to as "For Vegans") offers an online marketplace (hereinafter referred to as "For Vegans Marketplace" or “For Vegans”) for organic, sustainably produced and exclusively vegan goods on the website www.For-Vegans.com and on the associated application. For Vegans thus offer commercial vendors as well as buyers (hereinafter referred to as "Participants") the opportunity to sell and purchase a comprehensive range of vegan products.
- Contracts concluded on the For Vegans marketplace entitle and bind exclusively the participating buyers and sellers, subject to the following provisions.
- In the absence of concrete suspicion, For Vegans does not check whether the offers and other contents posted by the sellers on the For Vegans marketplace as well as all information provided by all participants are legal, truthful and complete.
- Only natural persons of full age and legal capacity, legal entities and partnerships may register as sellers.
- Following the complete registration, For Vegans sends the seller an email with the personal access data necessary for the use of the For Vegans marketplace.
- Each seller agrees to notify For Vegans of any future changes to the data provided during registration without being asked to do so and without delay.
3. Sales criteria
- The For Vegans marketplace sees itself as a trading place for ecological, sustainable and exclusively vegan products. The goods offered by the sellers must therefore fulfil at least 3 of the following criteria (vegan +2) :
Vegan - Plastic free - Zero waste - Made in Europe - Low CO2 - Organic -Fair & Social -Recycled / Upcycled
- For Vegans may require that products sold on the For Vegans marketplace meet more than the criteria listed in 3.1.
- For Vegans can refuse the activation of a product for sale if the requirements in the sense of paragraph 3.1 are not fulfilled. A claim to the activation for sale does not exist even if the criteria are fulfilled.
- For Vegans can remove a product from the portfolio if facts subsequently become known that speak against the basic idea behind veganism.
4. Sales offer/ Order processing
- Items which are not available (referring to the stated delivery time of the respective items) may not be offered on the For Vegans marketplace. If an item is not available after an order, the For Vegans customer service and the customer concerned must be informed immediately. In the case of orders for non-deliverable products, the commission is also due, which results from the fee overview or the selected vendor plan.
- For Vegans reserves the right to block the seller account if more than 10% of the ordered items are not available.
- Items that have not been dispatched by the vendor in the merchant backend 30 days after the money has been received by For Vegans, will be automatically cancelled on behalf of the vendor. The vendor will be charged the commission.
- Items must be dispatched within the stated dispatch time. If nothing is stated in the item description, dispatch must take place within 2 days of confirmation of receipt of payment. Only when the shipment has been made, may it be confirmed to For Vegans and the buyer. Each consignment must be accompanied by an invoice stating that payment has been made through For Vegans. Each consignment must also be accompanied by return information for the buyer.
- If a buyer reports not having received an item, For Vegans will request proof of receipt from the vendor, which must show the recipient's address. If this is not available, For Vegans can decide the case in favour of the buyer..
- For Vegans values a uniform appearance of the packages. Advertising on the outer box (e.g. printed adhesive tape) and enclosed advertising in the box (e.g. flyers/coupons) is prohibited.
5. Payment processing
- The payment settlement for purchases of goods takes place exclusively directly via For Vegans. Payments are made exclusively via Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereafter: “Stripe”) offered by For Vegans. In order to be active as a seller on For Vegans, sellers must additionally agree to the Stripe terms and conditions.
The goods offered on the For Vegans marketplace can be paid for via various payment methods. For Vegans reserve the right to adjust the payment methods offered at any time.
- All invoices are issued by the sellers with the indication that payments are processed exclusively via For Vegans.
- For the settlement of payments, For Vegans provides a reliable and secure payment processing solution.
- As soon as the agreed purchase price is received, the seller will be informed about the receipt without delay. The vendor is obliged to ship the sold item to the buyer within the delivery time stated in the item description after receiving the information about the receipt of payment.
- For Vegans shall provide the Seller with a statement of the amounts credited to the Seller for the respective previous month no later than on the 26th of each month..
- There is no entitlement to payment and payment in accordance with clause c) will not be made if and insofar as Buyers have not received ordered items; this also applies if and insofar as buyers have indicated to For Vegans that they have not received items, unless the seller can prove receipt of the items by submitting a delivery confirmation.
- The commission accrues for every order placed via the For Vegans marketplace. This applies regardless of whether the transaction is actually carried out later or is cancelled e.g. due to a withdrawal before or after delivery. The commission is not due if the customer makes use of their legal right of withdrawal and this is immediately communicated to us by the vendor.
- Accruing sales commissions (partner fees) are immediately deducted from the sales price by Stripe and credited to For Vegans. If customers make use of the legal right of withdrawal, the commission refund takes place simultaneously with the refund to the customer on the Stripe account of the vendor.
- The amount of the commission can be changed by For Vegans. The amended fee overview will be sent to the seller by email at least two weeks before it takes effect. If the seller does not object to the application of the new fee rates within two weeks after receipt of the email, the amended fee schedule is deemed to be accepted. For Vegans will separately inform the seller in the e-mail containing the amended fee rates of the significance of this two-week period, the right of objection and the legal consequences of silence. If the seller objects to the amended fee schedule within the aforementioned period, For Vegans is entitled to terminate the contract without notice.
7. Special obligations of the vendor
- Within the scope of their entire business activity conducted via For Vegans, vendors must behave in a legally compliant manner and observe the legal and official requirements for the sale of their goods. This includes in particular the national requirements based on the implementation of the EU Waste Framework Directive (2008/98/EC).
- In particular, sellers shall comply with all provisions of consumer protection law. This applies in particular to the proper granting of a right of withdrawal, insofar as this is required by law.
- Each vendor must refrain from offering or selling products that violate the rights of third parties (e.g. trademark rights or copyrights, cf. § 9) or go against common decency.
- In the event that third parties assert claims against For Vegans due to the violation of legal or official requirements or the violation of private rights, the seller violating contractual provisions will indemnify For Vegans from all asserted claims upon first request. The indemnity also includes the costs of the necessary legal defence of For Vegans including court and lawyer's fees.
- The seller alone is obliged to determine whether any taxes, duties and/or customs charges apply to the items offered by them and whether these are payable by them.
- The seller is obliged to describe the items offered by them truthfully and completely. In doing so, they must include all circumstances that are relevant to an average buyer for the purchase decision. In particular, they must inform the buyer about any defects or signs of wear and tear, as well as delivery and shipping conditions. For each item, the seller must state the full purchase price to be paid by the buyer, including VAT and any applicable shipping costs.
- The seller is obliged to immediately reimburse the buyer for purchase prices paid directly to them. Payment processing must be carried out via the For Vegans payment service so that payments can be correctly allocated. Otherwise, it is not possible to process the transaction.
- The sale of items that may only be sold to persons of legal age requires that the vendor has registered for the For Vegans-Over-18- section and has successfully completed an accepted age verification procedure. These requirements apply in particular to alcoholic beverages and spirits. The sale of O18 items to non-verified buyers is prohibited for any vendor. The dispatch of items that may only be sold to persons of legal age must be carried out by the seller using the dispatch variant "registered mail hand-delivered" or another dispatch variant that ensures that minors cannot gain access to the consignment.
- The seller is not entitled to place links to external websites in any form within the scope of his offer on the For Vegans marketplace. This does not apply to links to other offers of For Vegans.
- Within the scope of their offer on the For Vegans marketplace, the seller may only reproduce the offered item as well as information about the item. The seller is not entitled to advertise in any form beyond this. For Vegans can allow exceptions in individual cases on request.
- Customer enquiries must be answered within 5 days.
- The vendors commit to provide For Vegans with at least one customer support contact who is available at least from 9:00 am to 8:00 pm CET..
8. Intellectual property
- The participants transfer to For Vegans a remuneration-free, comprehensive right of use, limited in time to the duration of the contractual relationship, in particular to reproduce, distribute, revise all works or parts of works as well as databases or any other catalogue or any other product information which participants transmit to For Vegans within the framework of the online offer of the For Vegans marketplace, including the right to publish this content in particular in print media, online, on CD-ROM etc., including for advertising purposes. To publish it, also for advertising purposes, to use it for the presentation of products on the For Vegans market place, be it in searches, categories or otherwise; for the presentation of vendors on the For Vegans market place; for the presentation of products and/or vendors in advertising material, newsletters, advertising banners or advertisements, irrespective of the technical presentation; and for the visualisation of further developments or changes of the For Vegans market place; as well as to allow other vendors offering the same product on the For Vegans market place to use it, especially as product image. The right of use does not include company logos, registered trademarks and other trademark rights which a vendor transfers to For Vegans for the purpose of selling.
- In the event that third parties assert claims against For Vegans due to the infringement of private rights, the seller violating contractual provisions will indemnify For Vegans from all asserted claims upon first request. The indemnity also includes the costs of the necessary legal defence of For Vegans including court and lawyer's fees.
9. Distribution channels and ranking algorithms
- For the marketing of the products offered on the For Vegans marketplace, For Vegans use in particular but not only digital sales channels such as ad bookings in search engines, affiliate programmes and cooperations, display ads and other digital advertising formats. Upon request, For Vegans will provide vendors with more detailed information on the specific channels used at the respective time within the framework of the legal requirements. The channels and measures specifically used by For Vegans change in part at short notice and can therefore not be reproduced here in an up-to-date manner.
- The ranking - i.e. the order in which products are displayed in a search or in a category on For Vegans - takes various factors into account. Essentially, the ranking is based on interactions with the product in the past (clicks and orders) and the availability (inventory stored at For Vegans) of the relevant product variants. We also put these parameters in relation to each other. In the case of a search, we also include the relevance of products for the search term. In addition, the ranking can be influenced by booking marketing products. These marketing products allow the fixed placement of certain products within the For Vegans marketplace.
10. Data access
1. The information listed here serves to fulfil our obligations in accordance with Art. 9 P2B-VO (VO (EU) 2019/1150).
2. Within the scope of the For Vegans marketplace, For Vegans have access to the following categories of data, both data with and without personal reference:
- Account data;
- Address/contact data;
- Order data;
- Inventory data;
- product data;
- Payment data (limited access only);
- Access data.
3. For Vegans provides the vendors with the following categories of data generated in connection with its use of the For Vegans marketplace:
- Account data (of the vendor);
- Account data (of the buyer) - as far as they are necessary for the processing of the order;
- Order data - as far as they are necessary for the processing of the order or for the commission settlement;
- Inventory and product data (of the vendor).
4. The categories of data mentioned above under 10.3 are partly made available to third parties who use these data for the further provision or further development and analysis of the For Vegans marketplace:
- Payment services
- CRM and marketing software/service providers
- Statistical and analysis software/service providers
11. Exclusion of offers/ suspension of vendors
1. Insofar as a vendor violates their contractual obligations, the law or morality, For Vegans can react to this at their own discretion as follows:
- For Vegans can issue a warning to the vendor;
- For Vegans can delete offers or contents;
- For Vegans can limit the vendor's authorisation to use the For Vegans marketplace;
- For Vegans can temporarily suspend the vendor's account;
- For Vegans may permanently suspend the participant's account and terminate the contract;
2. For Vegans will give due consideration to the legitimate interests of the participant concerned. However, the participant has no right to continue the contract in case of a breach of their contractual obligations if For Vegans terminates the user contract.
12. Dispute resolution
1. For Vegans attaches great importance to the participants' trust in the sales made on the For Vegans marketplace. In the event of a dispute, For Vegans will therefore seek arbitration in accordance with the following provisions:
- In the event of a dispute with another participant (e.g. dispute about the defectiveness of a product), each participant is entitled to report the facts to For Vegans by means of a complaint.
- For Vegans will then collect the facts and if necessary contact both participants.
- For Vegans will then, within two weeks after receipt of the complaint, assess the facts and submit a solution proposal to both parties.
- In order to submit the proposed solution, For Vegans are entitled to seek legal advice and for this purpose to forward the facts to a lawyer who is bound to secrecy. Obtaining advice is not associated with any additional costs for the participants.
2. Participants have no legal claim to the settlement of a dispute.
13. Internal complaint management system
For Vegans stands for fair and transparent conduct among all parties. In the event of complaints, for example about technical problems or behaviour directly related to the provision of the marketplace and having an impact on the vendor, the vendor can contact For Vegans at the e-mail address firstname.lastname@example.org. The complaints will be processed as quickly and carefully as possible. The vendor will be informed of the outcome in a timely manner.
14. Customer reviews
- Buyers have the opportunity to rate the performance of a purchase transaction by the seller and the respective product after it has been carried out. It is not permitted to rate oneself. For Vegans is entitled to remove such ratings.
- For Vegans will not check the ratings without concrete suspicion.
- If a vendor is of the opinion that an inaccurate or otherwise inadmissible evaluation has been made about them by another participant, they can contact For Vegans via the email address email@example.com. The author of the evaluation in question will be contacted by For Vegans. For Vegans will ask the author of the rating in question to comment. If the author refuses to change or withdraw their rating, For Vegans will decide at their own discretion whether the rating will continue to appear on the For Vegans market place until the admissibility of the rating has been clarified in court.
- If a participant violates the mentioned evaluation principles they are obliged to compensate For Vegans for the resulting damage. In particular they are obliged to indemnify For Vegans from claims of third parties which they assert against For Vegans because of an unreasonable evaluation.
- For Vegans reserves the right to introduce, change or remove such a rating system at any time.
15. Release from liability
- Each participant indemnifies For Vegans from all claims which other participants or other third parties assert against For Vegans because of the violation of their rights by contents posted by the participant or because of the violation of other obligations. The participant also takes over the costs of the necessary legal defence of For Vegans including all court and lawyer costs. This does not apply if the participant is not responsible for the infringement.
- For Vegans will endeavour to make the For Vegans marketplace available as uninterruptedly as possible. However, For Vegans does not guarantee a specific availability rate. In particular, no liability is accepted for force majeure, such as server failures of the provider for which For Vegans is not responsible, power failures or manipulation by third parties.
- For Vegans is not a contractual partner of a purchase transaction between seller and buyer and does not assume any warranty for the object of purchase.
- For Vegans does not guarantee that the sellers and buyers comply with the legal provisions incumbent upon them (e.g. consumer protection rights). However, For Vegans will check the facts in case of a concrete suspicion of a violation of the law by a participant and, if necessary, work towards a removal of the violation of the law.
- The liability of For Vegans for and in connection with the provision of the For Vegans marketplace, regardless of the legal grounds, is determined by the following regulations:
a. For Vegans is liable for intent and gross negligence as well as in case of personal injury (injury to life, body and health) without limitation, but for slight negligence only in case of breach of essential contractual obligations, delay and/or impossibility for which For Vegans is responsible. The liability in case of violation of such an essential contractual obligation is limited to the damage typical for the contract, which For Vegans had to expect at the conclusion of the contract due to the circumstances known at that time. The essential contractual obligations include in particular the provision and enabling of the use of the For Vegans marketplace.
b. For Vegans is only liable for the loss of data in accordance with the above paragraphs if such a loss could not have been avoided by reasonable data backup measures on the part of the participant.
c. Otherwise the liability of For Vegans is excluded. The regulations of the product liability law remain unaffected.
17. Set-off, right of retention
- You only have a right of set-off if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship to our claim.
- You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
18. Data ethics
- For Vegans can only verify the identity of participants to a limited extent. It is up to each participant to make sure of the identity of their respective contract partner.
- The participant is responsible for the truthfulness and completeness of the information given to For Vegans during registration or ordering. If they give incorrect or incomplete information, For Vegans is entitled to delete and terminate the account without notice or not to execute the order.
- Vendors are not entitled to register more than once for the For Vegans marketplace. For Vegans may allow exceptions in individual cases upon request.
- Under no circumstances are vendors entitled to pass on the access data and in particular the access password to third parties. If third parties nevertheless gain access to the account or if the vendor has other indications of misuse of their account, they must inform For Vegans immediately and change their access data.
- Every vendor commits themselves not to pass on data of other participants obtained in the course of using the For Vegans marketplace to third parties or to use them commercially in any way. In particular, vendors may not send commercial emails to customers or otherwise contact them beyond what is necessary for the processing of transactions made on the For Vegans marketplace without express prior consent.
19. Fee overview
The amount of the commission depends on the vendor plan chosen by the participant. The vendor plan can be changed by the end of each month with 14 days notice.
20. Duration and termination of the contract of use
2. The vendor can terminate the contract at any time without notice. Any obligations to For Vegans and other participants already established by the participant during the term of the contract shall remain unaffected by the termination.
3. For Vegans can terminate the contract with 14 days notice to the end of the month.
4. The right to terminate the contract without notice due on important grounds remains unaffected. For Vegans can terminate the contract without notice in particular, if:
the vendor deliberately gives incorrect information concerning product descriptions,
the vendor provides incorrect or incomplete information during registration
the vendor repeatedly receives negative evaluations from participants and these are not obviously unjustified
the vendor repeatedly breaches other contractual obligations and does not cease the breach of obligation even after being requested to do so by For Vegans.
5. If For Vegans has terminated the contract, the participant has no claim to the creation of a new account, not even under a different name or a different designation.
6. Every termination must be made at least in text form. Cancellations by e-mail comply with the text form.
7. In case of cancellations by the participants or by For Vegans, the vendor account as well as the products concerned will be deactivated after the expiry of the proper cancellation period. The vendor account and the products do not have to be deleted by For Vegans.
21. Final provisions
- Should one or more provisions of these GTC be or become invalid, then this shall not affect the validity of the remaining provisions.
- Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
- If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.