GTC

BALTHAZAR Platform
General Terms and Conditions of Use (“Terms of Use“)

  1. General
    1. Heike Steiner (“Operator“) offers the BALTHAZAR platform (“Platform“) to users who are interested in buying or selling designer second hand articles (“Sale Articles“) (“Buyers” and “Sellers“, together the “Users”), through which the Users can buy or sell Sale Articles.
    2. In addition to access to the platform, the operator offers the in points 11 and 12 (“Additional Services“).

  2. Contractual relations
    1. Use of the platform
      The use of the platform and the additional services offered by the operator are subject to these terms of use. These terms of use only govern the relationship between the users and Heike Steiner as operator of the platform. If users do not agree to these terms, they are not entitled to use this platform. For sellers, the special conditions in Annex A apply in addition; in the event of contradiction, the provisions of Annex A take precedence.
    2. Conclusion of purchase contracts via the platform
      Purchase contracts for sales items concluded via the platform are concluded directly between the users (i.e. between the respective buyer and seller). The settlement of these sales contracts takes place directly between the users, unless other agreements are made between the users and the operator.

  3. Use of the platform
    1. Use of the platform is only permitted if the users are legally competent to conclude this contract and are at least 18 years old. In particular, minors may not use the platform.
    2. In order to use the platform, sellers must register, i.e. create a user account (see below point 4). Buyers can register; however, the platform can also be used by buyers without registration.
    3. There is no entitlement to the registration of a user account. A user account is not transferable. Each user may only create one user account.
    4. The registration of a legal entity may only be carried out by a natural person authorised to represent the entity, who must be named.

  4. Registration
    1. Registration by the seller is free of charge and requires the following mandatory data: Name or company (and authorised representative), address, e-mail address, telephone number and password. The seller must also truthfully state in the information provided for the creation of his user account whether he is acting as a commercial seller or as a private seller. The seller’s status as a business can also be based on the frequency of sales alone, without any further requirements being necessary. The seller is liable for the legal classification and the resulting legal consequences. After confirming the terms of use by means of a checkbox, the seller’s account is created in the system.
    2. Registration by buyers is free of charge and requires the following mandatory data: Name or company (and authorised representative), address, e-mail address, telephone number and password. After confirmation of the terms of use by means of a checkbox, the user’s account is created in the system. The platform can also be used by buyers without registration. In this case, buyers can place orders as “guest”. The buyer must also truthfully state in his details for the creation of his user account or when ordering as a “guest” in the order form whether he is acting as a commercial buyer or as a private buyer. The buyer is liable for the legal classification and the resulting legal consequences.
    3. Users are responsible for ensuring that the data provided in the registration process is accurate. Registration is only permitted in the user’s own name. Passing on the password to third parties or its use by third parties is also prohibited. Users are liable for keeping their password safe and secret.
    4. The Operator shall not be liable for any loss or damage arising because Users submit inaccurate information or fail to protect their account information. In the event of misuse or suspected misuse of account information, users must notify the operator at the following e-mail address: contact@bybalthazar.com.

  5. Duration of contract
    1. The contract on the use of the platform shall commence upon registration and shall be concluded for an indefinite period and may be terminated in writing or electronically via e-mail subject to a notice period of 4 weeks to the end of each month.
    2. The operator is entitled, even without prior notification, to temporarily suspend access to the platform and the user account if there is reasonable suspicion that the users or a third party using the account information of the users is violating these terms and conditions or applicable law in connection with the use of this platform or if technical circumstances or security problems make this necessary. The operator will notify the users if there is a reasonable suspicion of a violation of these terms and conditions or applicable law and give the users the opportunity to justify and clarify this. If the suspicion cannot be dispelled, the operator is entitled to irrevocably close the user account of the users if the operator considers this appropriate with regard to the seriousness of the violation.
    3. The operator may discontinue the operation of the platform or only terminate the user’s right of use. Both are possible at any time and without giving reasons. However, the operator will notify users of such a step with reasonable advance notice and give them the opportunity to make appropriate arrangements. This does not apply to purchase contracts that have already been concluded and are in the process of being settled in accordance with the agreed terms of use.

  6. Rights of use
    1. Users are exclusively entitled to the rights to the platform granted under these Terms of Use.
    2. The users undertake to use the services only in compliance with the contractual and legal provisions and to refrain from any improper use.

  7. Statutory cancellation policy (only concerns the contractual relationship between the operator and the user and only applies to consumers)
    1. Right of withdrawal
      Users have the right to revoke this contract on the use of the platform within fourteen days without giving any reason.
      The withdrawal period is fourteen days from the day of the conclusion of the contract.
      In order to exercise the right of withdrawal, users must inform the operator [Heike Steiner, Naglergasse 10, 1010 Vienna or contact@bybalthazar.com] of their decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). Users may use the model withdrawal form set out in section 7.3 for this purpose, which is, however, not mandatory.
      In order to comply with the withdrawal period, it is sufficient for users to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
    2. Consequences of revocation
      If the users revoke this contract, the operator will immediately deactivate the user account.
    3. Sample cancellation form:
      If users wish to revoke the contract, they can also fill out this form and send it to the operator:
      To Heike Steiner, Naglergasse 10, 1010 Vienna [contact@bybalthazar.com]:
      I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service: Use of the platform
      Registered on:
      Name of the consumer(s):
      Address of the consumer(s):
      Date:
      Signature of the consumer(s) (only in the case of notification on paper)

  8. Access to the platform
    1. Due to the nature of the Internet, the Operator cannot promise the continuous and uninterrupted availability and accessibility of the Platform. The Operator may restrict the availability of the Platform or certain areas or functions of the Platform at any time without prior notice, in particular also if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out maintenance measures that ensure the proper or improved functioning of the Platform.
    2. The Operator may improve, develop and modify the Platform and introduce new services from time to time.
    3. The Operator is entitled to implement new elements as part of and/or as a supplement to the Platform at any time at its own discretion and also to fundamentally change the type of usability of the Platform. The operator is also entitled to shut down the platform completely and to discontinue the service. Before Operator shuts down the Platform and discontinues the Service, Operator shall contact Users at the email address provided with reasonable advance notice and inform them when the Platform will no longer be available. After expiry of this period, users will no longer be able to access the platform. The operator will support the users in accordance with the agreed terms of use – within the scope of its possibilities – in the case of contracts that are already being processed.

  9. Changes to the conditions
    Due to changes on the platform and applicable laws or for other operational reasons, there will always be a need to adapt these terms and conditions. The operator is entitled to amend the terms of use at any time at its own discretion. Amended conditions will be announced to the users on the platform. In order to continue using the platform, users are obliged to agree to the amended terms of use. If users do not agree to the amended terms of use, they are not entitled to continue using the platform. Contracts that have already been concluded and are in the process of being settled shall be continued under the terms of use valid at the time of conclusion of the contract.

  10. Offers by the seller, conclusion of contract
    1. Buyers can use the platform to purchase items for sale offered by sellers for women, men and children in the area of clothing, bags, shoes, accessories, jewellery or similar. The placement and presentation of an item for sale on the platform is an offer by the seller to the buyer to conclude a purchase contract.
    2. The offers on the platform originate exclusively from the sellers. They are exclusively responsible for their content, quality and availability.
    3. In the item presentation on the platform, it is indicated in each case whether the seller is a commercial or a private seller according to self-declaration.
    4. To buy a sales item on the platform, the buyer can add it to the shopping cart by clicking on the “add to cart” button. Sales items from one or different sellers can be added to a shopping cart, which can also be sales items from different commercial or private sellers. This is the first step in the buying process and is not binding on either side. Before the Buyer’s binding acceptance, the Buyer has the opportunity to check and, if necessary, correct all the data entered by him and the sales items placed in the shopping basket and/or to remove sales items from the shopping basket again.
    5. By clicking on the “order with costs” button, the buyer accepts the offer of the respective seller and the purchase contract is concluded with the respective seller. Subsequently, the buyer receives a confirmation of the concluded purchase contract.
    6. Storage of the contract text: The text of the contract is stored by the operator and can be retrieved via your user profile oder via e-mail after conclusion of the contract.
    7. The sales items, service descriptions, terms and conditions and other content (hereinafter jointly referred to as “content”) posted by the sellers do not originate from the Operator. The Operator has no influence on this content, is not liable for the respective service provision and content and also assumes no obligation to monitor the service provision and content or to ensure compliance with the obligations assumed by the respective Seller. The responsibility for the service provision and content lies exclusively with the respective seller.
    8. Contracts concluded via the platform between the respective buyer and seller shall entitle and oblige the respective buyer and seller exclusively with regard to the item for sale and any rights associated therewith, in particular warranty claims. The Operator is neither a party to the contract nor any other party involved in the contractual relationship between the respective Buyer and Seller. In this respect, Operator shall not assume any responsibility or liability whatsoever. The Operator exclusively provides the platform. Direct contractual claims of the buyer against the operator with regard to the sales item are therefore not established.
    9. The relationship between the respective seller and the operator does not constitute a contract in favour of or with protective effect for third parties (in particular the buyer).
    10. If the Buyer is a consumer with his usual place of residence in a member state of the EU and the Seller is a commercial seller, the Buyer shall be entitled to a 14-day right of revocation with regard to the purchase contract. The cancellation policy (right of cancellation, consequences of cancellation) is included in each case with the item presentation on the platform.

  11. Authenticity check of the sales items
    1. Within 14 days of receipt of the sales item, the buyer can subject it to an appropriate, verifiable and trustworthy authenticity check (e.g. by the relevant specialist trade) in order to be able to determine whether it is a plagiarism (hereinafter “authenticity check”). At the request of the buyer, the authenticity check can also be carried out by the operator before the delivery of the sales items to the buyer, in which the buyer indicates this in the order process by clicking the “Authenticity check by Balthazar” button.
    2. Objections to the authenticity of the sales item can only be raised within 14 days of its receipt and by submitting an unobjectionable, credible and comprehensible confirmation from an authority/person competent in this field (“confirmation of plagiarism”) by means of an e-mail to be sent to the operator [contact@bybalthazar.com]. If no objections are raised within the specified period, the authenticity shall be deemed approved.
    3. The costs for the authenticity checks are to be borne by the Buyer in any case; the costs for the authenticity check by the Operator are displayed on the Platform in the order process.
    4. If no confirmation of plagiarism is sent to the operator within the stated period, the purchase price will be forwarded to the seller.
    5. If the Operator receives a confirmation of plagiarism in accordance with these Terms of Use, any payments made by the Buyer will be refunded within 14 days of the day on which the following conditions are met: (i) the Operator has received a corresponding confirmation of plagiarism from the Buyer and (ii) the sales items have been received by the Operator or the Seller. Interest on such payments is excluded.
    6. If the Operator determines that the item for sale is a counterfeit, any payments made by the Buyer shall be refunded within 14 days from the day on which the Operator notifies the Buyer of the result of the negative authenticity check. Interest on such payments is excluded.
    7. If and to the extent that the Operator carries out an authenticity check on the sales item, the Operator shall perform this task conscientiously in the form of an external visual inspection of the sales item and only on the basis of its personal experience. Further measures are not owed by the operator. The operator expressly points out that elaborate counterfeits in particular can only be distinguished from the respective branded article with considerable effort and can therefore be recognised as counterfeits. The operator therefore assumes no guarantee or liability that the item for sale is actually an original product or branded article.

  12. Concierge service
    1. When the concierge service is used, the sales items offered on the platform are located with the operator so that the operator takes over the delivery of the sales items to the buyer. These sales items are marked separately with an “immediately available” label when the sales item is displayed on the platform.
    2. These contracts also exclusively entitle and oblige the respective buyer and seller with regard to the sales item and any rights associated with it, in particular warranty claims. The Operator shall not be a party to the contract or any other participant in the contractual relationship between the respective Buyer and Seller.

  13. Prices and payment
    1. The prices quoted by the sellers on the platform are end consumer prices including VAT. The seller is free to set his own prices.
    2. If a purchase contract has been concluded between the buyer and seller, the buyer is obliged to pay the purchase price for the items for sale to the operator within 14 days. Until the purchase price has been paid in full, the goods remain the property of the respective seller.
    3. The sale items will only be dispatched to the buyers after the full purchase price has been credited. If, despite the due date, payment has not been received within a further seven days after receipt of a request for payment, the seller may withdraw from the purchase contract.
    4. The payment options available to the Buyer result from the Platform.
    5. For any repayments, the operator uses – as far as possible – the same means of payment that the buyers used in the original transaction.

  14. Dispatch of sales items, delivery times
    1. In general and in all cases, the dispatch of sales items by users must take place in a comprehensible form. Traceable form means that both tracking and tracing and proof of receipt are provided.
    2. The risk of loss, damage or other impairment of an item for sale shall be borne by the respective sender when an item for sale is dispatched. However, this does not apply to the Operator; in the case of dispatch by the Operator, the risk is already transferred to the respective recipient upon handover to the deliverer (e.g. post or other delivery service).
    3. Insofar as delivery restrictions exist, this will be indicated with the respective sales item.
    4. The items for sale are in the possession of the respective seller prior to the conclusion of the purchase or, if the concierge service is used, in the possession of the operator (see under point 12).
    5. Articles for sale in the possession of the respective seller
      If the items for sale are in the possession of the respective seller, the respective seller will be informed of the purchase immediately after a purchase. Once full payment has been received from the buyer, the seller will be informed of this and requested (hereinafter “dispatch request”) to dispatch the sales item to the buyer or to the operator for any authenticity check within 7 working days of receipt of this dispatch request.
    6. Sales items in the possession of the operator (for concierge service)
      If the sale items are already in the possession of the Operator, the Operator will dispatch the sale item to the Buyer within 7 working days of receipt of full payment from the Buyer.
    7. Authenticity check by the operator
      If the items for sale are in the possession of the respective seller and the buyer has made use of an authenticity check (see below item 11) by the Operator, the Seller shall send the items for sale to the Operator within 7 working days of receipt of the request to send. If full payment has been received from the buyer and the authenticity check has been completed positively by the operator, the operator will send the sale items to the buyer.
    8. If a sales item has not been delivered by the seller to the buyer or the operator 21 working days after receipt of the dispatch request, the operator will inform the buyer of this by e-mail. In this case, the Buyer may declare by notifying the Operator by e-mail whether he wishes to be bound by his purchase contract for a further 14 working days. If there is no reaction from the Buyer within three working days, the Operator shall assume that the Buyer no longer wishes to be bound by his contract and the contract shall be dissolved. If there is also no delivery of the sales item within the further period of 14 working days, the respective purchase contract shall be dissolved in any case without the need for further declarations. In the event of the dissolution of the respective purchase contract, any payments already made by the buyer for the sales item shall be refunded.
    9. The delivery of a sales item will only be made to the delivery address deposited by the buyer in his user account.

  15. Warranty and liability
    The operator provides the platform free of charge “as is”. Users expressly confirm that they understand and agree to the following provisions:
    1. It is not part of the service that (i) the platform is accessible, secure or error-free at all times, or (ii) insignificant errors in the software or in the service are corrected. The Operator therefore excludes any warranty in this respect.
    2. Users acknowledge that the services offered by the operator are also offered with the involvement of third party network operators. The availability of the services is therefore dependent on the technical provision of third-party services over which the operator has no influence. The operator is therefore not liable for any interruption, disruption or error transmission in connection with the provision of the free service.
    3. The operator is entitled to interrupt the services for a reasonable period of time for internal reasons, such as for maintenance purposes. Users cannot derive any claims from this.
    4. The items for sale are offered directly by the sellers and are controlled and made available by them. The responsibility for these sales contracts lies with the respective seller. Claims arising from a completed order or a concluded purchase contract may be asserted by the buyer exclusively against the respective seller.
    5. The operator does not give any assurance about the suitability, availability or quality of the offers of the sellers available on the platform and, in particular, does not assume any liability for the availability of these. The respective seller with whom the buyer concludes the corresponding contract is responsible for this.
    6. The operator does not guarantee any claim of the user to the actual conclusion of a corresponding contract with the seller of the items for sale.
    7. Limitation of liability towards consumers
      If the users are consumers within the meaning of § 1 of the Consumer Protection Act, the mandatory provisions of the Consumer Protection Act and the following limitation of liability shall apply:
      The operator excludes its liability for damages, losses, costs or other disadvantages caused by only slight negligence. This exclusion of liability does not apply to personal injury.
    8. Limitation of liability towards entrepreneurs
      If the users are entrepreneurs within the meaning of § 1 of the Consumer Protection Act, the following liability provisions shall apply:
      a)    The operator excludes its liability for damages, losses, costs or other disadvantages caused by slight negligence or simple gross negligence. This exclusion of liability does not apply to personal injury.
      b)    The operator excludes its liability for indirect and consequential damages, losses, expenses, other disadvantages or lost profits, unless this liability cannot be effectively excluded under applicable law.
      c)    The operator shall be liable in the event of intentional or blatantly grossly negligent causation of damage within the scope of the statutory provisions.

  16. Contact information
    The contact information is:
    Mag. Heike STEINER
    Naglergasse 10
    1010 Vienna
    [contact@bybalthazar.com]

  17. Information for consumers
    1. There is no out-of-court complaint or appeal procedure to which the operator is subject.
    2. The operator has not submitted to any special code of conduct (set of rules).
    3. Users may retrieve, print and save the text of the Terms of Use at any time on the platform at bybalthazar.com/en/gtc/.
    4. The language available for the conclusion of the contract is exclusively German.

  18. Final provisions
    1. These Terms of Use and the contractual relationship between the Users and the Operator, including any questions regarding the valid formation of a contractual relationship and including any disputes, shall be governed by the laws of the Republic of Austria, excluding its conflict of laws rules. This choice of law shall not have the effect of depriving users of the protection afforded to users by those provisions which, under the law of the country in which the users have their habitual residence, may not be derogated from by agreement (favourability principle).
    2. If the agreement of a foreign place of jurisdiction for civil proceedings against the user is inadmissible under the law applicable to the user’s place of residence, this court having jurisdiction over the user’s place of residence shall have jurisdiction over any disputes; in all other cases, the exclusive jurisdiction of the court having subject-matter jurisdiction over 1010 Vienna is agreed.
    3. For consumers: If any provision in these terms of use is or becomes invalid, this shall not affect the validity of the other provisions.
    4. For entrepreneurs: Should any provision in these terms of use be or become invalid, this shall not affect the validity of the other provisions. The legally invalid parts of this agreement shall be replaced by those provisions which, without giving rise to legal invalidity, come closest to the invalid provisions in economic terms and in their result. The same shall apply to any loopholes in the agreement.

  19. Alternative dispute resolution
    The European Commission provides a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/. The operator is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not participate voluntarily.

20. Data protection
When collecting, storing and processing users’ personal data, the operator observes the statutory provisions. Further details can be found in our privacy policy.

Annex A – Special conditions for sellers

  1. General
    1. The following Special Conditions for Sellers (hereinafter “Special Conditions”) apply in addition to the Terms of Use for Users participating as Sellers.
    2. The seller alone is responsible for the content, design and execution of the respective offers on the platform. The seller undertakes to carry out the execution of purchase contracts properly and in accordance with the terms of use and the special conditions.
    3. If the seller has indicated that he is acting as a commercial seller, he will comply with his legal obligations in this respect, in particular those existing under the Distance and Foreign Transactions Act, E-Commerce Act, Consumer Protection Act, Alternative Dispute Resolution Act, Ordinance on Online Dispute Resolution in Consumer Matters, vis-à-vis the respective private buyer (consumer) and, if necessary, inform the operator if obligations to be fulfilled under these laws are to be fulfilled on the platform or in the ordering process itself. The obligations existing under these laws, e.g. revocation and warranty rights of the buyer, exist exclusively vis-à-vis the seller. The Seller shall fully indemnify and hold harmless the Operator in respect of all obligations incumbent upon the Seller.

  2. Sales item
    1. Only original goods are permitted for sale as sales articles. These must be women’s, men’s or children’s items from the areas of clothing, shoes, bags, accessories or jewellery and lifestyle products, whereby sales items of brands from the brand list provided by the Operator are preferred (see category designers on bybalthazar.com). The operator is completely at liberty not to allow sales items to be sold on the platform without giving reasons.
    2. The respective sales item must be in mint, very good or good condition as well as clean and cleaned. Items for sale with heavy signs of use, stains, holes, odours or other damage are not permitted as items for sale.
    3. The Seller warrants and represents that all Sale Items offered by it for sale are its sole property and are free from third party rights, are not counterfeit or otherwise infringing goods and conform to the Sale Item Data provided by it.
    4. Insofar as the Seller offers its sales items for sale on the Platform, the Seller shall not simultaneously offer the respective posted sales item for sale outside the Platform itself or through a third party.
    5. The Seller shall regularly access his user account/e-mail account and respond to queries and messages from the Operator without delay.
    6. For each sales order, the seller has to choose whether to use the “Concierge Service” or the self-sale.
    7. The sales price is determined in agreement with the operator, whereby the seller’s asking price takes precedence.
    8. If the sales items posted on the platform are not sold within 6 months, the Operator will contact the respective seller to determine the further course of action (e.g. price reduction, removal of the sales item, etc.). If the seller does not respond within 10 days, the operator reserves the right to remove this sales item from the platform.
    9. The Seller shall inform the Operator immediately by e-mail to contact@bybalthazar.com of any changes regarding the item for sale (in particular in the event of changes to its condition or nature and in the event that the item for sale has been lost or third party rights to the item for sale have been established or raised). If the seller informs the operator accordingly, the operator is entitled to remove the item for sale from the platform.

  3. Self-sale
    1. Photographs of the item for sale uploaded by the seller must show the item for sale in its current condition and must not mislead as to merchandise characteristics, condition or defects.
    2. In the event of a self-sale, the seller shall use the sales form provided on the platform. For this purpose, the seller enters all relevant information about the item for sale in the sales form, uploads a few photographs and sends this to the operator. The Operator may also request new photographs from the Seller in the event of insufficient image quality. In this case, the seller undertakes to send new photographs to the operator without delay.
    3. The operator reserves the right to reject the sales item and the associated sales request at any time, even without stating reasons. In the event of a rejection of a sales request, the operator will inform the seller.
    4. If the seller’s wish to sell is not rejected, the seller shall receive a non-binding confirmation from the operator of the items for sale intended for sale and the seller may present his items for sale on the platform. The presentation of the items for sale on the platform shall be deemed a binding offer to the buyers to conclude a purchase contract.
    5. In the event of a purchase acceptance by a Buyer, the Operator will notify the Seller by e-mail and request the Seller by means of a dispatch request to send the sales item – after receipt of the purchase price by the Buyer. The seller will then send these sales items either directly to the buyer or, at the buyer’s request, to the operator within 7 working days of receipt of the dispatch request. The Seller shall provide adequate packaging to protect the Sale Item from damage and deterioration. Fragile or sensitive sales items shall be packaged in a specially protected manner.

  4. Concierge service
    1. If the seller wishes to make use of the concierge service, the seller must notify the operator of the items for sale and his or her asking price in relation to one or more items for sale via a contact form or by e-mail.
    2. The operator reserves the right to reject the sales item and the associated sales request at any time without stating reasons. In the event of a rejection of a sales request, the operator will inform the seller of this.
    3. If the seller’s wish to sell is not rejected, the seller shall receive a non-binding confirmation from the operator as well as the delivery address to which the sales items to be sold are to be sent. Upon receipt of such confirmation, the seller must immediately send the respective sales item to the operator. The seller is obliged to provide sufficient packaging to protect the sales item from damage and deterioration. Fragile or sensitive sales items must be packaged in a specially protected manner.
    4. The Operator shall check the respective sales items after their receipt and may reject the Seller’s sales request with regard to all or only individual sales items received. In the event of a rejection of a sales request, the Operator shall inform the Seller thereof and return the sales item concerned to the Seller at the Seller’s expense and risk. The Operator may make the return of the goods dependent on the reimbursement of the costs by the Seller.
    5. The Operator shall carry out an authenticity check with regard to the items for sale in accordance with the Terms of Use. Should the Operator release an item for sale for sale, any claims by the Operator and the Buyer (in particular claims for damages or warranty claims) against the Seller shall remain unaffected by this. The seller is obliged to truthfully provide the operator with all information available to him and relevant for the verification.
    6. The items for sale are photographed and described by the operator and offered for sale on the platform in the name of the seller. The description of the items for sale and the photographs shall be notified to the seller in advance. The operator is furthermore entitled to advertise the item for sale (as well as the photographs and the description of the item for sale) on other media (such as social media).
    7. If the seller makes use of a concierge service, the seller owes the operator a handling fee of EUR 25 per sales item. This handling fee shall also apply if the seller reclaims his sales items or if a purchase contract is not concluded via the platform. For the following Sellers, the price for using a Concierge Service is reduced to EUR 20 per Sale Item for (i) and EUR 15 per Sale Item for (ii) :
      (i)    for BALTHA*STAR sellers who sell more than 5 sales items per month;
      (ii)    for BALTHA*ZAR sellers who sell more than 10 sale items per month.

  5. Checking of sales items
    1. If, in the case of a plagiarism, a third party asserts rights which oblige the operator to surrender the sales item, a return is not possible and therefore not owed by the operator. A claim for damages on the part of the plagiarism seller against the operator is excluded.

  6. Contractual relationship seller – buyer
    1. Contracts concluded via the platform between the respective buyer and seller shall exclusively entitle and oblige the respective buyer and seller with regard to the item for sale and any rights associated therewith, in particular warranty claims. The Operator shall not be a party to the contract or any other participant in the contractual relationship between the respective Buyer and Seller. In this respect, Operator shall not assume any responsibility or liability whatsoever. The Operator exclusively provides the platform. Direct contractual claims of the buyer against the operator with regard to the sales item are therefore not established.
    2. If the seller does not send the sales item to the buyer or to the operator in due time after being requested to do so by the operator, the operator is entitled to inform the buyer that no purchase contract has been concluded between the buyer and the seller with regard to the sales item and is further entitled to refund the purchase price to the buyer. Further claims of the buyer against the seller remain unaffected. In this case the seller is also obliged to pay the full commission to the operator (see point 7).
    3. In all cases in which, according to the aforementioned regulations, no purchase contract is concluded after an item has been sent or this subsequently lapses for other reasons, the seller is obliged to take back the corresponding item(s). If one or more items cannot be delivered to the address provided by the seller and the seller does not provide a deliverable address within 4 weeks even after written request and/or the item(s) cannot be successfully delivered even after a renewed delivery attempt after the expiry of these 4 weeks, the item(s) shall become the property of the operator free of charge. This shall not give rise to any claims of any kind whatsoever on the part of the seller against the operator.

  7. Commission
    1. The amount of the commission depends on the sales price of the respective sales item and is calculated as follows:
      i.    The Seller owes the Operator 25% of the gross sales price (= purchase price including VAT and shipping costs) in commission for each sales item sold on the Platform.
      ii.    If the seller has achieved proceeds of more than EUR 7,000 with a sales item sold via the platform, the commission shall amount to 21% of the gross sales price of the sales item concerned.
      iii.    If the seller has achieved proceeds of more than EUR 20,000 with a sales item sold via the platform, the commission for the sales item concerned shall be based on an individual agreement.
      iv.    The commission is reduced by 2% in each case if the seller can prove that the shipping of the shipping items is CO2-neutral. More information on this can be found on the platform.
    2. If the purchase contract is not executed in whole or in part due to circumstances for which the seller is responsible, or if the purchase contract is not concluded, the operator shall continue to be entitled to the full commission plus any other costs (e.g. shipping costs). Circumstances for which the seller is responsible include in particular
      i.    a deterioration in the condition of the item for sale prior to receipt by the operator or the buyer,
      ii.    a deviation of the actual characteristics of the sales item from the sales item data or any item images provided by the seller,
      iii.    the improper or incomplete or non-receipt of the sales item by the operator or the buyer, as well as
      iv.    in the case of plagiarism.
    3. In cases of plagiarism, the seller shall also owe a handling fee of 10% of the gross sales price. The operator is at liberty to claim damages in excess of this.
    4. The operator will pay the purchase price received from the buyer for sold sales items less the commission according to point 7 and any further costs according to point 4.7 to the bank account specified by the seller and issue a corresponding statement to the seller. As a rule, payment shall be made within two weeks of the occurrence of the conditions for payment in accordance with the Terms of Use. If the Buyer has a statutory or granted right of revocation or makes use of an authenticity check, the payout period shall be extended by the duration of the right of revocation or by the period available to the Buyer or the Operator for the authenticity check.

  8. Liability and indemnification
    1. The Seller shall indemnify the Operator against all claims and demands of third parties, in particular claims and demands of the Buyer, which are made against the Operator for whatever reason.
    2. In the event of a claim by a third party, the seller must immediately, completely and truthfully provide the operator with all information and documents required for the examination of the claims and the defence.

Status: January 2022