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1.1 These General Terms and Conditions (GTC) apply to the use of the use of the digital marketplace for organic products operated by Organic Union GmbH under the name operated by Organic Union GmbH under the name deinHofmarkt for organic products, which can be accessed via the website www.deinHofmarkt.de as well as directly via the mobile application app.deinhofmarkt.de. is.
The deinHofmarkt software solution enables small and medium-sized small and medium-sized enterprises to network with each other in order to trade in organic food and sustainable non-food products products (B2B direct sales); it also offers its users support with digital users support with digital sales processing and online marketing online marketing; hereinafter also referred to as "services".
Insofar as "deinHofmarkt", "us" or "we" are referred to in the following is referred to, this always refers to Organic Union GmbH, commercial register number 82541086 with its registered office in Cologne.
1.2 Users of the deinHofmarkt services can only be be entrepreneurs within the meaning of § 14 para. 1 BGB. Entrepreneurs are natural or legal persons or partnerships with legal capacity partnerships who, when concluding a legal transaction, are acting in exercise their commercial or independent professional activity. professional activity. The terms "you", "you" and "your" refer to you as a user of the services offered by Organic Union GmbH. services offered by Organic Union GmbH.
1.3 As part of your registration, you declare your agreement with our GTC and our data protection provisions.
1.4 Terms and conditions that conflict with or deviate from these GTCs of the user are not recognized by deinHofmarkt, unless their validity is expressly agreed to in writing
1.5 deinHofmarkt may amend or supplement these GTC at any time within the amend or supplement these GTC at any time. Our current GTC can be viewed at www.deinHofmarkt.de/agb view.
2.1 The prerequisite for using our services is an free registration with your name, your e-mail address and a e-mail address and a password of your choice. The password must consist of at least 8 characters and include upper and lower case lower case letters as well as numbers and special characters. You After entering the data required for registration, you will you will receive a confirmation e-mail with an activation code to the e-mail address e-mail address you have provided. When you log in for the first time this activation code is requested, which must then be entered for confirmation. must be entered for confirmation
2.2 Once you have successfully registered, you will have the opportunity to create a company profile. The data stored there will be visible to other registered users after successful validation (see point 3). registered users. As soon as all mandatory information in your company profile have been completed, deinHofmarkt can make this publicly publicly visible on its website for advertising purposes. Should publication of the profile is not or no longer desired please inform us accordingly by e-mail to info@deinhofmarkt.de.
2.3 As a grower, producer or retailer, you can enter information on your information on your minimum order values, your delivery area, your delivery your delivery area, your delivery times, your parcel shipping conditions and the possibility of collecting products yourself. This information is only visible to registered users.
3.1 The aim of deinHofmarkt is to offer growers, producers and traders a producers and retailers a platform to sell sustainably produced products products directly and easily to restaurants, retailers, freelancers freelancers, public institutions and other companies for whom sustainability is important. To ensure that the platform represents added value for our users, it is important important that they can rely on the accuracy of the information published here, i.e. that the users registered here are not that the users registered here are not so-called fake profiles, but only existing companies and that the producers and and producers actually comply with the sustainability standards standards with which they advertise their products (e.g. Bioland seal, Demeter seal etc.). We therefore reserve the right to activate an account only after we have verified the company the company details provided by the users with publicly publicly available information on a company (validation). Should the reasonable suspicion arise that a company has that a company has provided false information, the validation required for 3 dation required for registration will not be carried out. You will then receive an e-mail informing you that your registration has been rejection of your registration.
3.2 Even though we endeavor, by means of the "validation process" described in section 3.1 described in section 3.1, we endeavor to identify companies that obviously do not meet our requirements regarding sustainability and seriousness from deinHofmarkt, we expressly we expressly assume no liability for the accuracy of the information accuracy of the information provided by our users.
3.3 deinHofmarkt in particular does not check the solvency of its solvency of its users and does not assume any guarantee for their creditworthiness.
4.1 In the "Sell" category, you as a grower, producer or trader have the or trader, you have the option of entering your products as a "seller", specifying quantity, price and, if applicable, other quality characteristics of your products for sale. The listing of a product does not constitute a binding offer within the meaning of § 145 BGB, but merely a non-binding invitation to the other users users to submit such an offer (so-called Invitatio ad offerendum). Nevertheless, the price you indicate should represent the final price that you would like to achieve in the event of a sale, as this sale, as this may be relevant for the calculation of commission (see point 4.4)
4.2 All users have the possibility as "buyers" to place the products in their shopping cart and send them to the respective the respective seller by specifying the desired quantity to submit a binding offer to purchase. As a buyer you can buyer can usually also choose whether you wish to collect the goods or have them have the goods delivered.
4.3 The seller can confirm a buyer‘s offer, so that a purchase contract on the terms now agreed is concluded between the two users. A confirmation or rejection of the offer must be made within 48 hours on working days. working days. If a purchase offer is not accepted three times, deinHofmarkt can deinHofmarkt can warn the seller and, if necessary, also block the products block the products offered by him.
4.4 Upon conclusion of the purchase contract - irrespective of whether the purchase transaction takes place properly - the seller shall a commission of 7% of the net turnover achieved in favor of deinHofmarkt. in favor of deinHofmarkt.
4.5 For sales to existing customers, a lower commission of only of only 1% of the net sales achieved. Existing "Existing customers" are customers with whom the seller has previously has previously maintained a business relationship. In order for the the reduced commission rate applicable to existing customers rate applies to existing customers, a corresponding e-mail must be sent in advance notification of the existing business relationship to info@deinhofmarkt.de, the receipt of which will then be confirmed by processing by deinHofmarkt by e-mail.
4.6 If you as a seller make use of the option to offer a product at a variable quantity on deinHofmarkt, you must inform deinHofmarkt within 30 days of the conclusion of the purchase the quantity actually sold to deinHofmarkt within 30 days of concluding the purchase contract, so that this can be used as the basis for calculating the used as the basis for the commission calculation. If no notification of the quantity actually quantity actually sold, the average quantity you have previously quantity indicated by you will be used by deinHofmarkt for the used as the basis for the commission calculation
4.7 The commission accrued shall always be invoiced to the seller at the end of each month. The invoice for the accrued commission is sent by e-mail to the e-mail address stored in the e-mail address stored in the company profile and can also be viewed under can also be viewed under the menu item "Dashboard" under "Incoming invoice". menu item.
4.8 Upon receipt of the invoice by e-mail, but no later than five days after posting the invoice for retrieval in the category "Commission" category, the commission amount stated therein is due and payable payable within 30 days. This applies regardless of whether whether the purchase transaction between the users has has taken place.
4.9 For the buyer of products via deinHofmarkt there is neither a commission commission, membership fees or other additional costs. costs.
4.10. As a seller, you are prohibited from circumventing deinHofmarkt by bypassing orders from buyers that you have acquired via acquired via deinHofmarkt outside of deinHofmarkt. outside of deinHofmarkt. Failure to comply with this provision may result in a temporary suspension or permanent blocking of your business company profile and your ability to continue to sell products on continue to offer products on deinHofmarkt in the future.
5.1 A purchase contract ("trade") is concluded exclusively between the users of the users of the deinHofmarkt services. deinHofmarkt is not a party to the contract party to the contract, nor can deinHofmarkt guarantee the proper fulfillment of the contract by its users.
5.2 deinHofmarkt is not obliged to determine whether the products sold via the products sold via deinHofmarkt or the associated content associated content:
5.2.1. comply with all laws, rules and regulations, including, but not limited to, safety, labeling labeling, testing, warning, import, export and/or other legal requirements. legal requirements;
5.2.2. does not infringe the intellectual property, publicity rights or other rights of others;
5.2.3. do not contain any false, inaccurate or misleading contain false, inaccurate or misleading information;
5.3. deinHofmarkt does not check the solvency of its users and does not guarantee their creditworthiness (see section 3.3).
5.4 As a seller, you are obliged to check in advance whether the products products offered by you
5.4.1. are suitable for sale via deinHofmarkt and meet the requirements meet the requirements listed under 5.2.
5.4.2. deinHofmarkt and all its owners, representatives and employees employees against all claims, liability claims, damages, judgments, awards, losses, costs, expenses and fees (including reasonable (including reasonable attorneys‘ fees) and to indemnify and hold harmless indemnify and hold harmless from and against any claims made by third parties based on a breach of these Terms and Conditions and/or any law or the rights of any third party and/or the use of the Services or participation in the Services of deinHofmarkt or arising therefrom, to the fullest extent permitted by applicable law. maximum extent permitted by applicable law.
6.1. deinHofmarkt offers growers and producers under the menu item "Dashboard" the possibility after the conclusion of a purchase contract for the products sold via the app. create an invoice. The invoice texts can be customized before customized before generation. This invoice can be sent via sent directly to the e-mail address stored in the buyer‘s company profile e-mail address stored in the buyer‘s company profile and is made parties in the app under "Checkout".
6.2. deinHofmarkt does not assume any liability for the completeness and accuracy of the automatically generated invoice
6.3. deinHofmarkt also assumes no liability for the correctness of the correctness of the preset VAT rates.
6.4. deinHofmarkt assumes no liability for the timely receipt of the automatically receipt of the automatically generated invoice
7.1 Under the menu item "Your company, Company description" you have the opportunity to describe your company and report on current events in your company. your company. You can choose whether this blog entry should only be visible to registered app users or publicly should be visible.
7.2 However, you may not publish on our blog any contributions that violate the following rules, offend common decency good morals or otherwise violate applicable law.
In particular, it is not permitted:
7.2.1 publish content that is untrue and the publication of which publication of which constitutes a criminal offense or offense,
7.2.2 Sending spam to other app users via the forum
7.2.3 Use of content protected by copyright and trademark law protected content without lawful authorization,
7.2.4 Acts that are anti-competitive,
7.2.5 Publish content that is offensive, racist, discriminatory or pornographic, discriminatory or pornographic elements towards other users towards other users and the general public.
It is your duty as a user to observe the above points before points before publishing your contribution and to check whether you have you have complied with these points. The same applies to the setting of external links and signatures.
7.3 If you violate the terms of use listed under 7.2, we reserve the right we reserve the right to take legal action,
7.3.1 delete and/or modify your posted contributions
7.3.2 to prohibit you from writing further blog entries,
7.3.3 the blocking of your access as a user,
7.3.4 to take legal action against you.
7.4 Furthermore, when publishing contributions and topics, copyright copyright must be observed. As a user you grant us with publication of your contribution on our blog, you grant us the right to make the contribution permanently available for retrieval
7.5 We assume no liability whatsoever for the contributions and external links contributions and external links published and posted on our blog and the resulting content, in particular not for its accuracy accuracy, completeness and topicality. We are also not obliged to permanently monitor the transmitted and stored contributions of the users or to investigate circumstances whether they indicate illegal content. We are only liable in the event of an intentional or grossly negligent negligent breach of duty.
8.1 As soon as a trade has taken place, this is indicated in the displayed on a Google Maps map by means of a connection. indicated by a connection. This map also shows which products were purchased from which company. The connections between users are public for advertising purposes in the publicly visible on the website www.deinhofmarkt.de for advertising purposes. website. deinHofmarkt reserves the right to display only those companies that belong to the organic sector. Should a marking your company on this map for advertising purposes is not or no longer or no longer desired, please inform us accordingly by e-mail to notification by e-mail to info@deinhofmarkt.de.
8.2 deinHofmarkt supports its sellers in the acquisition of new customers customers through various advertising measures, including e-mails mails, phone calls, customer visits, participation in trade fairs or the display of product flyers. For the design of advertising campaigns and advertising materials of all kinds, deinHofmarkt uses, among other things, names, logos and photos, as well as current offers and prices of its registered registered sellers.
8.3 For the correctness of the advertising material, in particular the product product descriptions, prices or offers contained therein deinHofmarkt accepts no liability.
You can cancel/delete your account at any time without cancel/delete. Your company data stored with us will be deleted within one year after expiry of the statutory retention periods. You can find more information on this in our privacy policy at www.deinHofmarkt.de/app-datenschutz.
All texts, images and other information published on our website information and data published on our website or in our app data are - unless otherwise indicated - subject to the copyright copyright of our site. Any form of reproduction and/or modification may only be made with our written permission. be made.
We cannot guarantee that the app will always be available and functional without interruption. functionality of the app. Any liability in this respect is hereby expressly excluded. Even with great care, downtimes or malfunctions can unfortunately unfortunately cannot be ruled out.
Should individual provisions of this contract be or become invalid this shall not affect the validity of the remaining provisions. shall not be affected. The invalid provision shall be replaced by a provision which comes closest to the economic purpose pursued by the invalid provision shall apply. economic purpose of the invalid provision.
(Status: April 2024)