Data Processing Agreemen (DPA)

Terms and Conditions

Part I: General Terms and Conditions

§ 1 Scope and Definitions

(1) Scope

These General Terms and Conditions (GTC) apply to the use of the online marketplace “Bazario” at the web address https://bazario.de (hereinafter “Platform” or “Marketplace”) as well as to all legal transactions conducted through it.

(2) Platform Provider

Provider and operator of the platform:

Hassan Abou Ras
Carl-von-Ossietzky-Straße 27
65197 Wiesbaden
Germany
Phone: +49 157 53772215
E-Mail: info@bayario.de

(hereinafter “Bazario”, “we” or “Platform Operator”)

(3) Definitions

Consumer

is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

Business

is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

Seller or Vendor

are registered businesses on the platform that offer goods for sale through their own seller accounts.

Customer or Buyer

are platform users who purchase goods from sellers (consumers or businesses).

§ 2 Contractual Relationships and Role Description

(1) Platform’s Intermediary Role

Bazario operates an online marketplace within the meaning of Art. 246a § 1 EGBGB and exclusively mediates contracts between registered sellers and customers. Bazario is generally not a contracting party to the purchase contracts concluded through the platform. Purchase contracts are concluded directly between the respective seller and the customer.

(2) Direct Sales

To the extent that Bazario acts as a seller itself (clearly marked as “Seller: Bazario”), the following provisions apply accordingly to the direct contractual relationship between Bazario and the customer.

(3) Contracting Party Identification

Each article and throughout the ordering process, the respective seller is clearly identified. The customer can view the complete information in accordance with § 5 TMG (Imprint) of the respective seller via the seller profile page.

(4) Platform Services

Bazario provides the following services:

Provision of technical infrastructure
Payment processing through third-party providers
Customer support (mediating)
Rating and communication system
Dispute management (mediating)

§ 3 Platform Usage

(1) Registration and User Account

To use certain platform functions, registration is required. When registering, truthful and complete information must be provided. The user is obliged to keep their data up to date.

(2) Usage Requirements

Customers: Minimum age 18 years or consent of legal guardians
Sellers: Commercial license and fulfillment of all legal requirements for trade

(3) Prohibited Use

Prohibited in particular are:

Posting illegal, harmful to minors or immoral content
Infringement of third-party rights (trademark, copyright, personality rights)
Manipulation of ratings or unfair business practices
Bypassing platform payment systems
Spam or abusive use of communication systems

§ 4 Seller Obligations and Responsibilities

(1) Legality of Offerings

Sellers are fully responsible for ensuring that their offers comply with legal regulations, in particular:

Compliance with the imprint obligation (§ 5 TMG)
Product safety and CE marking
Youth protection regulations
Price indication ordinance
Distance selling regulations

(2) Product Presentation

Sellers commit to:

Truthful and complete product description
Current price and availability information
Appropriate image quality without misleading representation
Indication of all essential product characteristics

(3) Order Processing and Data Protection

Sellers process customer data exclusively for order processing in accordance with the mandatory data processing agreement (DPA) pursuant to Art. 28 GDPR. Use for advertising purposes or disclosure to third parties is prohibited.

(4) Communication Obligations

Sellers are obligated to:

Respond to customer inquiries within 24 hours
Send order confirmations immediately
Transmit shipping and tracking information
Communicate proactively in case of problems

§ 5 Formation of Purchase Contracts

(1) Offer and Acceptance

Posting a product on the platform constitutes a binding offer from the respective seller. The purchase contract is formed by the customer accepting the offer by clicking “Buy”/”Order”.

(2) Order Process

The order process takes place in the following steps:

Selection of goods and adding to cart
Entering order and delivery data
Selecting payment method
Review and confirmation of all information in the order summary
Binding order by clicking “place order with payment obligation”

(3) Order Confirmation

The customer receives an automatic confirmation email immediately after submitting the order. This does not yet constitute acceptance of the contract offer. The seller confirms acceptance through a separate order confirmation.

§ 12 Amendment of Terms and Conditions

(1) Right to Amend

Bazario reserves the right to amend these Terms and Conditions at any time. Changes will be communicated to users via email.

(2) Consent to Amendments

If the user does not object to the changes within 14 days of receipt of the notice, the changes are deemed approved. The consequences of this will be pointed out in the notice.

(3) Right to Object

If the user objects to the changes, the user relationship may be terminated.

§ 13 Dispute Resolution

(1) EU Online Dispute Resolution Platform

The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/odr

(2) Consumer Arbitration

Bazario is not obliged to participate in dispute resolution procedures before consumer arbitration bodies.

§ 14 Final Provisions

(1) Choice of Law

German law applies under exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not impair mandatory consumer protection provisions of the country of their habitual residence.

(2) Jurisdiction

The jurisdiction for all disputes is Wiesbaden, insofar as the contracting party is a merchant, legal entity under public law or special public funds.

(3) Severability Clause

Should individual provisions of these Terms and Conditions be invalid or unenforceable, this does not affect the validity of the remaining provisions.

(4) Language

The contract language is English.

Part II: Customer Information pursuant to BGB-InfoV

1. Identity of the Intermediary

Platform Operator:

Hassan Abou Ras (Bazario)
Carl-von-Ossietzky-Straße 27
65197 Wiesbaden
Germany
Phone: +49 157 53772215
E-Mail: info@bazario.de

Note: Bazario acts as an online marketplace that mediates contracts between independent sellers and customers. The contracts are concluded directly between the respective seller and the customer. The respective contracting party is clearly identified for each article and in the ordering process.