General Terms & Conditions

Beesiness Online-Handel, Adriane Rössler, Stantlerstr. 9, 94032 Passau, Germany (hereinafter referred to as "Beesiness") is an online marketplace (hereinafter referred to as the "Beesiness Marketplace") where, in addition to Beesiness, other sellers offer their products in their own name and on their own account for sale for sustainably produced goods on its own website. Beesiness thus opens up the opportunity for commercial sellers and buyers (the two parties are hereinafter also referred to as "Participants") to sell and purchase a comprehensive range of sustainable products. The sellers are entrepreneurs within the meaning of § 14 BGB (German Civil Code). The sale of products is generally only intended for consumers within the meaning of § 13 BGB who are of legal age.

The following terms of use govern participation in the Beesiness marketplace for both sellers and buyers. By using the Beesiness Marketplace, you agree to be bound by these Terms and Conditions.

General Terms

Contracts concluded on the Beesiness Marketplace entitle and bind only the buyers and sellers involved, subject to the following provisions. Beesiness itself only becomes a contractual partner of a purchase transaction if Beesiness itself offers items for sale.

Right of Withdrawal and Cancellation Policy

You have the right to withdraw from the contract with us or another seller within fourteen days without providing any reasons. The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, whether it concerns a Beesiness item or an item from another seller, you can inform us (Beesiness UG, e-mail: beesiness@beesiness.eu) by means of a clear statement (e.g., an email) about your decision to withdraw from the contract. You may use the sample withdrawal form below, although it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Cancellation

If you withdraw from the contract, we will promptly and, at the latest, within fourteen days from the day we receive notice of your withdrawal, refund all payments we have received from you, including the delivery costs (except for additional costs resulting from your choice of a type of delivery other than the offered, cheapest standard delivery). We will use the same means of payment for this refund as you used in the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this refund. If the collection of the goods was not offered, the refund may be withheld until the goods have been received back or until you have provided proof that you have returned the goods, whichever occurs earlier.

You must return the goods promptly and, in any case, no later than fourteen days from the day you informed us of the withdrawal of the contract, to the return address of the respective seller, unless it was offered that the corresponding goods would be collected from you. The deadline is met if you send the goods before the expiration of the fourteen-day period.

The respective seller bears the costs of returning the goods.

You are only responsible for any diminished value of the goods if this loss in value is due to handling the goods in a way that is not necessary for examining their nature, properties, and functionality.

Non-Existence of the Right of Cancelation

The right of withdrawal does not exist according to § 312g para. 2 BGB, among other cases, in contracts for the delivery of goods that are not prefabricated and for which individual selection or determination by the consumer is crucial to their production, or that are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely in contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their sealing has been removed after delivery.

Closing of Purchase Contract

The purchase contract(s) is/are concluded between you and the seller of the items you ordered; the respective seller of an item will be displayed at various stages of the ordering process, especially on the item detail page, in the shopping cart, and before completing the order ("Seller"). Sellers of an item are either us Beesiness, or another seller.

The items offered on the Beesiness marketplace are generally shipped to the buyers by the respective sellers. The sellers must expressly agree to the collection of the items. Except in case Beesiness is the seller, then it is sent by Beesiness.

Payment of the purchase price is made via the payment service on the online marketplace.

Payment Methods

Payment for purchases of goods is exclusively handled directly by Beesiness. Payments are made exclusively via the payment service offered by Beesiness. The goods offered on the Beesiness marketplace can be paid for through various payment methods. Beesiness reserves the right to adjust the payment methods offered at any time. In the case of payment by direct debit, a credit check may be carried out by Beesiness before the contract is concluded.

Rating System

Buyers have the chance to assess the completion of a purchase transaction, including both the sellers and their respective products, provided Beesiness offers this feature. Participants may only utilize the rating system for this specific purpose.

It is mandatory for participants to furnish truthful and factual information in their evaluations, refraining from making derogatory remarks or unfounded statements. They should communicate only those circumstances directly linked to the respective purchase transaction. Self-evaluation is strictly prohibited. Beesiness will not conduct a review of reviews unless there is a report and/or concrete suspicion.

Should participants believe that an inaccurate or otherwise impermissible review has been submitted about them by other participants, they can inform Beesiness via the contact form. If required by applicable law, Beesiness will request the authors of the relevant review to provide comments or remove the review. Alternatively, Beesiness, at its sole discretion, may decide to delete the review or invite the authors to comment. In the latter scenario, if authors decline to amend or withdraw their reviews, Beesiness will determine whether the review will continue to be displayed on the Beesiness Marketplace.

Participants who violate the aforementioned evaluation principles are obligated to compensate Beesiness for any resulting damages. Specifically, they must indemnify Beesiness against third-party claims arising from an unjust appraisal. Beesiness retains the right to remove such reviews.

Arbitration

Beesiness gives great importance to the trust of participants in the purchases or sales made on the Beesiness marketplace. In the event of a dispute, Beesiness will therefore endeavour to arbitrate in accordance with the following process. First participants report the case to Beesiness. Beesiness will then evaluate the facts and talk to the parties. After that Beesiness has 14 days to reply and to find a solution.

To propose a solution, Beesiness might seek legal advice. Obtaining advice does not entail any additional costs for participants. Participants have no legal claim to the arbitration of a dispute.

General Obligations of Participants

Beesiness verifies the identity of the sellers through the seal audits, who must submit company documents to get audited.

Participants must provide their full address data and e-mail address when registering their user account; In the case of orders without registering a user account (so-called guest orders), thebuyer must provide this data when ordering. Participants are responsible for ensuring that the information provided to Beesiness when registering or placing an order is true and complete. In the event of incorrect or incomplete information, Beesiness is entitled to delete and terminate the account without notice or not to execute the order.

Participants are not eligible to register for the Beesiness Marketplace multiple times.

Under no circumstances are participants entitled to pass on their access data and in particular their access password to third parties. If third parties nevertheless gain access to a participant account or if participants have other indications of misuse of their account, participants must inform Beesiness immediately and change their access data.

Participants undertake not to pass on to third parties’ data of other participants obtained in the course of using the Beesiness Marketplace to third parties or to use them commercially in any way. In particular, participants may not send commercial e-mails to other Participants without explicit prior consent or otherwise contact them beyond what is necessary to process the transactions made on the Beesiness Marketplace.

Participants undertake not to place any links or references to external websites, advertisements for offers outside the Beesiness Marketplace or other content that is not directly related to the Beesiness Marketplace (e.g. in the context of offers, the rating system or when processing purchase transactions) on the Beesiness Marketplace.

The Participants grant Beesiness a comprehensive right of use free of remuneration, limited in time for the duration of the contractual relationship, in particular for the reproduction, distribution, revision of all works or parts of works as well as databases or any other catalogue or any other product information that Participants transmit to Beesiness as part of the online offer of the Beesiness Marketplace, including the right to reproduce this content, in particular in print media, online, including for advertising purposes, they to display products on the Beesiness Marketplace whether in searches, categories or otherwise; to represent sellers on the Beesiness Marketplace; to display products and/or sellers in promotional materials, newsletters, banner ads or advertisements, regardless of the technical presentation; and to visualize developments or changes to the Beesiness Marketplace; to allow sellers offering the same product on the Beesiness Marketplace to use, especially as a product image. The right of use does not include company logos, registered trademarks, and other proprietary rights that sellers transmit to Beesiness for the purpose of selling.

In addition to these Terms and Conditions apply the seller (link here) and buyers (link here) terms from our website.

Liability of the Participants

If participants are responsible for violating the rights of third parties, they are directly accountable to those parties. Participants commit to indemnifying Beesiness for any damages resulting from their negligent failure to comply with the obligations outlined in these Terms and Conditions.

Participants indemnify Beesiness against all claims asserted against Beesiness by other participants or other third parties due to the violation of their rights by content posted by participants or due to the violation of other obligations. The participants also assume the costs of the necessary legal defense of Beesiness, including all court and lawyer costs. This does not apply if the participant is not responsible for the infringement.

Penalties for Violations of the Rules

To the extent that Participants violate their contractual obligations (including a breach of the "Buyer Terms", “Code of Conduct” and the "Seller Terms"), the law or morality, Beesiness may, at its sole discretion, respond as follows:

• Beesiness may delete offers or content (e.g., reviews) of the participants.
• Beesiness may issue a notice to participants.
• Beesiness may limit Participant's eligibility to use the Beesiness Marketplace.
• Beesiness may temporarily suspend the Participant's account.
• Beesiness may permanently block the Participant's account and terminate the contract.
• In the event that sellers repeatedly include coupons or advertisements for other online offers in the orders via Beesiness, Beesiness is entitled to increase the commission by 5% in the following month. The prerequisite is that Beesiness has reported the violation and also the repeated violation to the sellers in writing (e-mail is sufficient).

In doing so, Beesiness will take due account of the legitimate interests of the participants concerned. However, in the event of a breach of their contractual obligations, participants have no right to continue the contract if Beesiness terminates the user agreement.

Term and Termination of the User Agreement

The user agreement is concluded for an indefinite period of time. It starts with the admission of the participants by Beesiness. In the case of a purchase without a user account, the user contract begins with the submission of the order.

Participants can terminate the contract with 30 days' notice to the end of the month. The obligations already established by the participants towards Beesiness and/or other participants during the term of the contract remain unaffected by the termination.

Outstanding sales commissions are due upon termination of the contract. Beesiness may terminate the contract with 30 days' notice to the end of the month. The right to terminate the contract without notice for good cause remains unaffected. In particular, Beesiness may terminate the contract without notice if:

• There is any divergence from the code of contact, signed in the moment of registration by Participants.
• Participants intentionally provide incorrect information as part of the evaluation system.
• Participants provide incorrect or incomplete information during registration.
• Participants repeatedly receive negative evaluations as part of the evaluation system and these are not manifestly unjustified,
• Participants repeatedly violate other contractual obligations and do not refrain from the breach of duty even after being requested to do so by Beesiness.

Insofar as Beesiness has terminated the contract, participants are not entitled to create a new account, even under a different name or designation. Any notice of termination must be made at least in writing. Cancellations by e-mail are in text form.

Presentation of Products

In order to market the products offered on Beesiness, Beesiness uses in particular, but not only, digital sales channels such as ad bookings in search engines, affiliate programs and cooperations, display ads and other digital advertising formats. Upon request, Beesiness willprovide sellers with more detailed information on the specific channels used at the time within the framework of the legal requirements. Some of the channels and measures used by Beesiness change at short notice and therefore cannot be reproduced here.

The ranking – i.e. the order in which products are displayed in a search or in a category on Beesiness – takes various factors into account. Essentially, the ranking is based on past interactions with the product (clicks and orders) and the availability (inventory stored with Beesiness) 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 Beesiness marketplace.

Beesiness also acts as a vendor on the Beesiness marketplace. To decide which products Beesiness wants to offer and how, Beesiness has access to historical sales data and analyses of transactions on the Beesiness marketplace. Beesiness may place products offered by itself in subordinate positions in the ranking.

Access to Data

Beesiness has access to the following categories of data as part of the Beesiness Marketplace, both with and without personal data:

Account Data; address/contact details; Ordering data; Commodity Databases; Product; Payment data (limited access only); Access Data.

Beesiness provides Sellers with the following categories of data generated in connection with the use of the Beesiness Marketplace:

Account data (of the seller); Account data (of the buyer) – insofar as they are necessary to process the order; Order data – insofar as it is necessary for the processing of the order or for commission settlement; Inventory and product data (of the sellers).

Beesiness makes some of the categories of data available to third parties who use this data for the further provision or further development and analysis of the Beesiness Marketplace:

1. Payment Services
2. CRM & Marketing Software/Service Providers
3. Statistical and Analysis Software/Service Providers

Warranty and Liability

Beesiness will attempt to make the Beesiness Marketplace available as uninterrupted as possible. However, Beesiness does not guarantee a specific uptime rate. In particular, no liability is assumed for force majeure, such as server failures of the provider for which Beesiness is not responsible, power failures or manipulation by third parties.

Beesiness is not a party to a purchase transaction between the seller and the buyer and does not assume any warranty for the object of purchase.

Beesiness does not guarantee that sellers and buyers will comply with the legal requirements incumbent on them (e.g. consumer protection rights). However, in the event of a concrete suspicion of a violation of the law by participants, Beesiness will examine the facts of the case and, if necessary, work towards remedying the violation of the law.

The liability of Beesiness for and in connection with the provision of the Beesiness Marketplace, regardless of the legal basis, is determined by the following provisions:

Beesiness shall be liable without limitation for intent and gross negligence as well as in the event of personal injury (injury to life, body and health), but for slight negligence only in the event of a breach of essential contractual obligations, in the event of delay and/or impossibility for which Beesiness is responsible.

Liability in the event of a breach of such an essential contractual obligation is limited to the damage typical of the contract that Beesiness had to expect at the time of conclusion of the contract on the basis of the circumstances known at the time.

The essential contractual obligations include, in particular, the provision and enabling of the use of the Beesiness Marketplace.

Beesiness shall only be liable for the loss of data in accordance with the preceding paragraphs if such loss is caused by reasonable data security measures by the participants would not have been avoidable. In all other respects, liability on the part of Beesiness is excluded. The provisions of the Product Liability Act remain unaffected.

Data Protection

Personal data of the participants will only be collected, processed or used if the respective participants have given their consent or if the General Data Protection Regulation (GDPR), the Telemedia Act (TMG) or another legal provision orders or permits it. Further details are determined in accordance with the Beesiness Privacy Policy (link here).

Final Provisions

Beesiness reserves the right to amend these Terms and Conditions at any time and for any reason. The amended terms and conditions will be sent to participants by e-mail in time at least two weeks before they come into force.

If the participants do not object to the validity of the new terms of use by the date of entry into force of the amended terms of use within two weeks of receipt of the email, the amended terms of use shall be deemed to have been accepted.

Beesiness will separately inform the participants of the importance of this two-week period, the right to object and the legal consequences of silence in the e-mail containing the amended conditions. If the participants object to the amended terms and conditions within the aforementioned period, Beesiness is entitled to terminate the contract without notice.

Participants can only offset claims from Beesiness with undisputed or legally binding counterclaims. Participants can only exercise a right of retention if their counterclaim is based on the same contractual relationship.

Participants may only transfer rights and obligations arising from the contracts with Beesiness to a third party with the prior written consent of Beesiness.

Law and Place of Jurisdiction

All claims arising from this Terms and Conditions shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the provisions of private international law to which they refer. However, consumers habitually resident in the EU are not denied the right to the mandatory consumer protection enshrined in the laws of their country of residence.

Insofar as the participants are merchants, legal entities under public law or special funds under public law or do not have a registered office in Germany, the registered office of Beesiness in Munich is the place of jurisdiction. Beesiness is free to assert claims before the courts of the general place of jurisdiction of the participants. An exclusive place of jurisdiction remains unaffected by this.

Statutory Clause

Should individual provisions of these Terms of Use be or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the remaining Terms and Conditions. The invalid provision shall be replaced by the parties by mutual agreement by such a provision that comes closest to the economic meaning and purpose of the invalid provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of regulatory gaps.