Terms for Sellers

At Beesiness, we prioritize sustainable, slow fashion, and we appreciate compromise. Our participants hold Beesiness and our sellers to high sustainable standards, expecting swift delivery, flawless products, and impeccable communication for any order-related inquiries. We aim to assist you in providing the best possible service and have implemented mandatory principles for all sellers on Beesiness. This approach ensures fair competition on the platform and assures all participants of consistently excellent service.

1. Seller Eligibility and Registration

Sellers on Beesiness:

For the purposes of our Terms and Conditions, sellers are participants offering items for sale via the Beesiness Marketplace. Only commercial sellers of new goods are eligible to register, and the sale of used goods is not permitted. Seller registration is a prerequisite for conducting transactions.

Seller Eligibility:

Eligible sellers include natural persons, legal entities, and partnerships with their registered office and warehouse in the European Union.

Sellers must furnish proof of residency, including a valid VAT number, upon registration. Additionally, sellers are obligated to provide any other legally required information. German sellers must also provide their German VAT identification number unless exclusively declaring sales in Germany via the one-stop-shop procedure in accordance with § 18j UStG.

Sellers must be audited to obtain a digital seal of sustainability, prior to registration.

Registration Process:

Upon completing registration, Beesiness will send sellers an email containing the necessary personal access data to utilize the Beesiness Marketplace.

Data Updates:

Sellers commit to informing Beesiness promptly and voluntarily of any future changes to their registration data.

Payment Services:

Payment services for Beesiness sellers are facilitated by Shopify Payment Systems, governed by the "Shopify Payments Terms of Service". By accepting our Terms and conditions or continuing as a seller on Beesiness, you acknowledge and accept the terms outlined in the "Shopify Payment Terms of Service Agreement," which may be amended by Shopify. To ensure your continued use of Shopify's payment services through Beesiness, you, as a seller, agree to provide complete and accurate information about yourself and your business, authorizing Beesiness to share relevant information with Shopify.

3. Right to Audit Clause in Vendor Contracts

Beesiness shall have the right to audit Vendor's records and facilities related to the performance of this agreement. Such audits may be conducted by Beesiness or its authorized representatives at reasonable times during normal business hours upon providing 30 days written notice to Vendors. The purpose of such audits is to ensure compliance with the terms of this Agreement and to verify the accuracy of Vendor's sustainability orientation.

In vendor contracts, the right to audit clause grants Beesiness the authority to conduct audits or assessments of the vendor’s activities, records, and performance to ensure compliance with the terms of the contract. It also helps Beesiness to ensure that the vendor’s performance aligns with the agreed-upon terms and standards.

Depending on how comprehensive the parties wish their contract to be, they might include additional provisions that cover the following about the agreed-upon audit:

• Scope and method, reporting requirements, frequency;
• Costs;
• Confidentiality;
• How disputes should be handled if any issues arise during or after the audit.

Such additional provisions might look like this:

Scope and Methodology:

The audit shall cover the following areas: [List specific areas, processes, or activities subject to audit, such as pricing, quality control, delivery timelines, and regulatory compliance]. The audit will be conducted in accordance with industry best practices and any relevant standards specified in this Agreement.

Access and Documentation:

Vendor shall provide Beesiness or its authorized representatives with access to all relevant records, documents, and facilities necessary for the audit. This includes, but is not limited to, invoices, contracts, quality control records, and any other documentation pertinent to the audit scope.

Reporting and Remediation:

Following the audit, Beesiness will provide Vendor with a written report detailing the findings, including any identified discrepancies, non-compliance issues, or areas for improvement. Vendor agrees to promptly address and rectify any deficiencies or discrepancies identified during the audit. In the event of non-compliance, the parties shall work together to develop and implement a corrective action plan. The vendor should present a plan of action.

Confidentiality:

Both parties agree to maintain the confidentiality of any proprietary, sensitive, or confidential information disclosed during the audit. All audit-related findings and communications shall be treated as confidential unless otherwise required by law or regulatory authorities.

Costs:

Vendors shall bear all costs associated with the audit, including any expenses incurred by the Beesiness’ representatives during the audit process. See fee schedule on our homepage (https://www.beesiness.eu).

Dispute Resolution:

Any disputes arising from the audit findings shall be resolved in accordance with the dispute resolution provisions set forth in this Agreement. Frequency: Audits shall be conducted [annually/quarterly] during the term of this Agreement and upon reasonable request by either party.

4. Audit Rights in the Information and Cyber-Security Context

Beesiness shall have the right to conduct cybersecurity audits of the Vendor's systems, processes, and controls as they pertain to the services provided under this agreement. These audits aim to ensure the security, confidentiality, and integrity of the data and systems involved in the performance of this agreement.

Scope and Methodology:

The audit shall encompass the following areas: such as data protection measures, access controls, encryption, incident response procedures, and compliance with relevant cybersecurity standards or regulations. The audit will be conducted using industry-recognized cybersecurity frameworks and best practices, as well as any security requirements outlined in this Agreement.

Access and Documentation:

Vendor agrees to provide Beesiness or its designated representatives with access to relevant systems, networks, logs, and documentation necessary for the audit. This includes providing the necessary technical information and facilitating any required on-site or remote assessments.

Reporting and Remediation:

Upon completion of the audit, Beesiness will provide Vendor with a written report detailing the audit findings, including any identified vulnerabilities, gaps, or areas of non-compliance. Vendor agrees to promptly address and remediate any identified cybersecurity issues in a timely manner. In the case of serious security risks, both parties will collaborate to implement immediate corrective actions.

Confidentiality:

Both parties acknowledge and agree to maintain the confidentiality of any sensitive or proprietary information shared during the audit process. Audit findings and communications shall be treated as confidential, with disclosure limited to those who need-to- know for the purpose of addressing identified cybersecurity concerns.

Costs:

All costs related to the cybersecurity audit, including expenses incurred by the Purchaser's audit team, shall be borne by the Vendor according to fee schedule.

Dispute Resolution:

Any disputes arising from the audit findings or their interpretations shall be resolved in accordance with the dispute resolution provisions outlined in this Agreement.

Frequency:

Cybersecurity audits shall be conducted upon previous agreement during the term of this Agreement. Additional audits may be conducted upon reasonable request or in response to security incidents.

5. Special Obligations of Sellers

Sellers must behave in accordance with the law in the context of all their business activities handled by Beesiness and observe the legal and official requirements for the sale of their goods. Upon request, you agree to immediately provide Beesiness with the evidence necessary to demonstrate compliance with legal or regulatory requirements.

In particular, sellers must comply with all consumer protection regulations. This applies in particular to the proper granting of a right of withdrawal, insofar as this is required by law.

Beesiness is not obliged to provide the sellers with an up-to-date cancellation policy. Insofar as Beesiness proposes a cancellation policy, general terms and conditions of contract as well as delivery or shipping conditions to the sellers, these suggestions are not part of the user contract and no liability is assumed for them.

Sellers undertake not to offer any products whose offering or sale violates the rights of third parties (e.g. trademark or copyright) or common decency.

In the event that third parties assert claims against Beesiness due to the violation of legal or regulatory requirements or the violation of private rights, the sellers who violate contractual provisions will indemnify Beesiness against all asserted claims upon first request. The indemnification also includes the costs of the necessary legal defense of Beesiness, including court and attorney's fees.

Sellers are required to only offer items that they can ship to buyers within the delivery time specified in the item description. Sellers are solely responsible for determining whether the items they offer are subject to taxes, duties and/or duties and whether they are payable by them.

Sellers are required to describe the items they offer truthfully and completely. All circumstances that are relevant to the purchase decision for average buyers must be taken into account. In particular, buyers must be informed about any defects or signs of wear and tear, as well as delivery and shipping conditions. Sellers must provide the full purchase price to be paid by the buyer for each item, including VAT and any applicable shipping costs.

Sellers are obliged to immediately refund purchase prices paid directly to them to the buyers. Payment processing must be carried out via the Beesiness payment service so that payments can be allocated correctly. Otherwise, it will not be possible to settle the transaction.

The sale of items that may only be sold to persons of legal age requires that the buyer has registered for the Beesiness Over-18 area and has successfully completed an accepted age verification procedure. These conditions apply in particular to alcoholic beverages and spirits. Sellers are prohibited from selling over-18 items to unverified buyers. Items that may only be sold to persons of legal age must be shipped by the seller by registered mail or another shipping method that ensures that minors cannot gain access to the shipment.

Sellers are not allowed to link to external websites in any form as part of their listing on the Beesiness Marketplace. This does not apply to links to other Beesiness offers.

As part of their listing on the Beesiness Marketplace, sellers are only allowed to display the item offered and information about the item. Sellers are not allowed to engage in any additional advertising in any form.

Sellers are required to complete and execute their sales exclusively through the entity established in the European Union as which they have registered. You are not entitled to have the conclusion of the contract or the delivery carried out by a subsidiary or other person associated with you that is not located in the European Union.

Sellers are obliged to sell and deliver only goods commencing in a member state of the European Union. Insofar as the Seller provides information during registration that is not in accordance, handles sales contrary to the requirements or offers and delivers goods contrary to the requirements, they are obliged to compensate Beesiness for the resulting tax damage. The term "tax damage" includes, in particular, the value added tax incurred by Beesiness and the costs for any VAT registration in each country concerned, including the associated consulting costs.

To the extent necessary, sellers are obliged, at Beesiness's request, to provide Beesiness with the information to be collected. If Sellers fail to comply with this obligation even after two reminders by Beesiness, Beesiness shall be obliged, no later than 180 days, but not before the expiry of 60 days from the original request by Beesiness, to prevent further use of the Beesiness Marketplace by the Sellers by blocking them or deleting their registration, and to ensure that the Sellers cannot re-register or withhold payments of remuneration to the sellers.

6. Shop for Sellers

Beesiness provides sellers with its own website ("shop") under its own URL, on which only the offers of the respective seller are presented. The design of the website is provided by Beesiness. The sellers are solely responsible for the content of the shops, and in particular they must include an imprint on the website that complies with the legal regulations.

Sellers are also not allowed to attach links to external websites in any form as part of their shop. This does not apply to links to other Beesiness offers. Sellers are only allowed to display the items offered and information about those items as part of their shop. Sellers are not allowed to engage in any additional advertising in any form.

7. Product Availability

Out-of-stock items may not be listed on the Beesiness Marketplace. If, in exceptional cases, an item is no longer available after an order has been placed, Beesiness customer service and affected buyers must be informed immediately. We would like to point out that, according to Beesiness' fee schedule, a commission will also be charged for items that are not available.

Items that have not been set to "shipped" status by sellers in the seller backend 85 days after receiving money from Beesiness will be automatically cancelled on the seller's behalf. In this case, the sellers are charged the commission.

8.Article Condition

Only new goods may be offered on the Beesiness marketplace.

9.Shipment of items

Items must be delivered within the specified delivery time on the product view. A delivery time must be specified. The shipment may not be confirmed to Beesiness and the buyer until it has been made. Each consignment must also be accompanied by information on how to return it. Sellers agree to comply with the shipping policy.

10.Invoicing

An invoice must be issued for each order. You are the contractual partner and invoice issuerto the buyer as the seller of the goods. It must be clear on the invoice that the payment hasbeen made via Beesiness.

For possible queries from buyers, please provide your contact details clearly visible on the invoice.

Be sure to use the correct billing address of the buyer and correctly display prices, taxes, and shipping fees. Beesiness sends buyers an order confirmation email and handles the payment flows in the background, but cannot issue invoices on their behalf.

11. Returned items

In the event of a return, you are obliged to indicate the receipt of the return to Beesiness in the seller's backend.

12. Items not arrived

If buyers indicate that they did not receive an item, Beesiness will request a regular proof of receipt from the respective seller; this must show the recipient's address. If this is not available,the case can be decided in favor of the buyer.

15. Payment-Service

Beesiness provides reliable and secure payment processing for payment processing. Beesiness may also involve third parties in this process:

As soon as the agreed purchase price is received, the sellers will be informed of the receipt immediately. The sellers are obliged to ship the sold item to the buyer within the delivery time specified in the item description after receiving the information about the receipt of payment.

Beesiness will issue a statement of the amounts credited to sellers for the previous month no later than the 21st of each month. Beesiness aims for a weekly payout. The payment will be made to the bank account stored in the connected account. Beesiness is entitled to offset mutual claims against each other.

There is no entitlement to payment and the payment according to section c) will not be made if and to the extent that the buyer has not received the items ordered; this also applies if and to the extent that buyers have notified Beesiness that they have not received items – unless the sellers can prove receipt of the items by presenting a delivery confirmation.

Beesiness is entitled to refuse payment until the seller has provided the information to be legally recorded by Beesiness in accordance with § 22f UStG, in particular their valid German VAT identification number or, a valid VAT identification number of a member state of the EU and proof of residence, if necessary, have submitted evidence in accordance with other local regulations in Europe.

16. Responding to complaints and inquiries from our customer service

Complaints from buyers (complaints) and inquiries from our customer service must be responded to promptly. If there is no response within 4 days, the case can be decided in favor of the buyer.

17. Seller name, URLs, links

Your name as a seller must not be in the form of a URL (*.de, *.com, etc.) and must not contain a URL. If you add a cover or other illustration to the product description of an item, they must not contain any markings or lettering that are not directly related to the product. Images that have seller names, logos, or URLs visible may not be used for a product description on Beesiness. The offer must not contain links to external websites.

18. Rights of third parties

You are obliged to ensure that your products, as well as the manner in which they are presented, do not infringe the rights of third parties.

19. Own Advertising

You are not permitted to use the personal information you have received through Beesiness for further advertising. In particular, it is prohibited to provide the consignment of goods with your own advertising, to send advertising e-mails to buyers or to call or write to the buyer for advertising purposes.

20. Advertising Beesiness

You are obligated to support Beesiness in its marketing activities to the extent that it is reasonable for you. For this purpose, we may provide you with advertising material free of charge.