Terms and Conditions

Terms and Conditions for Sellers

Recital Clause
These General Terms and Conditions (GTC) apply to all sellers who use the repay.me marketplace and they regulate the legal relationship between the sellers and the operator of the marketplace. These GTC apply in addition to the Terms of Use of the marketplace. The marketplace is made available by the operator worldwide under different domains.

§1 Specification of Services

  1. repay.me offers a marketplace which can be used for the sale of goods and services of all kinds, in compliance with § 3 No. 7. repay.me provides the necessary websites for the presentation of goods, the execution of orders and payment transactions.
  2. Users registered as sellers can offer goods and services on this marketplace.
  3. The repay.me marketplace will be available in different countries and will expand continuously in the future. The seller can deliver to all offered countries, but is responsible for meeting the legal requirements in the respective country of delivery. repay.me also reserves the right to restrict or block individual countries of delivery or individual sellers.
  4. repay.me is entitled to change or extend the scope of services, the content and the structure of the marketplace. However, the purpose of the contract, the trade in goods and services, may not be impaired, or significantly impaired, by these changes, and repay.me will also inform the seller of the changes in a timely and sufficient manner.

§2 Registration as a Seller

  1. A contract between repay.me and the seller, regarding the use of the marketplace as a seller, under these terms and conditions is concluded by the fact that the user selects "seller" in his customer account and confirms these terms and conditions, at the latest, however, when the first sales offer is placed.
  2. Private individuals, companies within the meaning of § 14 of the German Civil Code (BGB) and legal entities under public law, can act as sellers and manage their customer accounts as such. In the case of commercial providers, repay.me reserves the right to request a trade declaration.
  3. According to § 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person, or a partnership with legal capacity, which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
  4. The seller shall be obliged to make any changes to his/her status -legal form, address or other information concerning the company- to his/her customer account immediately.
  5. After activating the status "seller" in the customer account, the data (such as name, address, birthday or trade register number and bank details) are checked by the payment service provider adyen or its partners, in order to guarantee efficient payment transactions. Only after the successful verification, the seller can use his/her customer account.

§ 3 Offer

  1. A sale offer will be placed by the seller; repay.me will not check the offers.
  2. sellers act in their own name and for their own account. Offer or distribution in the name, or on behalf of, third parties is not permitted.
  3. repay.me designs the marketplace in such a way that the technical prerequisites are met to provide all legal requirements for the sale in online trading, especially for price components, shipping costs, information about delivery times and other essential or necessary features for product presentation, as well as the buyer's general terms and conditions and the imprint. repay.me adapts the technical implementation in case of a change of the legal requirement.
  4. The seller alone is responsible for the presentation of his/her goods and services, in particular the description of the article, price, basic price, product pictures, information about delivery time, status of small business, VAT rate, the consideration of property rights of third parties and all legal information duties. To this extent, repay.me merely implements the technical possibilities to provide the corresponding information.
  5. In addition, the seller must also verify that the information provided by him/her is complete and correct, in accordance with the legal requirements of his/her article descriptions.
  6. On repay.me, new and used goods can be offered. In the case of used goods, the seller is obliged to clearly and comprehensively describe the actual condition of the goods in the item description, beyond the information mentioned above.
  7. The seller may not offer any goods on the marketplace whose sale or presentation, in accordance with the relevant legal system applicable to the buyer, violates legal regulations, official orders or morality. Furthermore, goods and services, which are listed on the following prohibition list, are excluded from sale on repay.me.
  8. If a minimum age for certain goods is prescribed by law, or other evidence is required for the buyer, the seller must ensure that these legal requirements are implemented and that an approved age verification procedure is carried out.
  9. In addition, the goods offered by the seller must be safe and comply with all safety, labelling and coding requirements. And their placing on the market must not violate any other legal provisions.
  10. repay.me reserves the right to block individual offers in case of violations of the before mentioned regulation. The seller can object to and explain why the offer does not violate these terms and conditions. Should repay.me no longer have any concerns, after a review or adjustment of the offer, the block can be lifted.

§4 Conclusion of Contract / Processing

  1. An offer for goods or services posted by the seller on the marketplace represents a legally binding offer, within the meaning of § 145 BGB (German Civil Code), to the user of the marketplace, as soon as the seller has published it. The order placed by the buyer represents the completion of the purchase contract. The customer receives an order confirmation from repay.me after completion of the order, in this respect, the seller gives repay.me the authority to send the order confirmation.
  2. The purchase contract is concluded directly between the buyer and the seller.
  3. After the completion of the purchase contract, the seller receives all necessary information about the buyer as well as the purchase contract in his customer account from repay.me. The seller may use the information and received data exclusively for the execution of the contract; their use for advertising or passing on the data to third parties is forbidden.
  4. The invoice will be sent to the buyer by the seller, who is also responsible for its completeness and correctness.
  5. repay.me offers various payment methods on the marketplace, where the seller can choose which of these payment methods he/she wants to make available for his/her goods and services to the user. Payment is processed directly between seller and buyer by a payment service provider integrated by repay.me.
  6. The goods will be shipped to the delivery address, given by the buyer, and the seller must adhere to his/her specified delivery times.

§5 Obligations of the Buyer

  1. Commercial sellers are obliged to, a) provide a link to the EU's online dispute resolution platform and their email address. At the same time, there is an obligation to inform about the existence of the online dispute resolution platform and the possibility to use it for dispute resolution. b) to grant consumers a right of withdrawal in accordance with the legal requirements and to, fully and clearly, inform them about a revocation instruction.
  2. In the event of a cancellation or revocation of the purchase, the seller must immediately enter this in his/her customer account, stating the concrete reason. The reimbursement of the purchase amount takes place as soon as the seller has entered the return shipment of the goods in his/her customer account; this must immediately take place on the part of the seller as soon as he/she has received the goods or the buyer has provided a return proof. If the goods are re-shipped instead of refunded, this must also be reported. Insofar as the seller asserts compensation for loss of value, this has to take place independently outside the repay.me payment system.

§ 6 Cancellation

  1. On the basis of these General Terms and Conditions, the contract for the use of the marketplace as seller has a minimum duration of 6 months, unless agreed otherwise. If the contract is not cancelled by one of the parties, one month before the minimum duration expires, it shall be extended by a further 6 months in each case.
  2. The right to extraordinary termination remains unaffected. repay.me has the right to extraordinary termination, especially in case of violations of these terms and conditions, or behaviour that damages the marketplace and its users. Further claims and rights of repay.me remain unaffected, in particular claims for damages.
  3. Notice of cancellation must be given in written form. The text form is equivalent to a postal cancellation, as well as by email or fax.
  4. Upon the cancellation of the contract, the seller’ user account will be deactivated and the access to the marketplace will be denied. The right to use the marketplace expires and the seller's contents will be deleted by repay.me. As a rule, deactivation, blocking and deletion are carried out promptly after termination of the contract, at the latest when the seller asks repay.me to do so.
  5. The seller is obliged to secure all necessary information and data from his/her customer account before the deletion, so that he/she can fulfil his/her commercial storage obligations even after the deletion. On the part of repay.me, no data backup of deleted customer accounts takes place, as far as it exceeds the own storage obligations.

§ 7 Liability

  1. repay.me is not liable for contracts concluded between the seller and end customer. The liability is limited to the contracting parties of the respective contract.
  2. Insofar as the seller acts commercially, liability for loss of data caused by technical failures, interrupted data transfers or other problems and damages in this connection, which are not attributable to repay.me, is excluded. repay.me shall not be liable for damage caused by the disturbance of the marketplace as a result of force majeure, riot, war and natural disasters or other incidents for which repay.me is not responsible (e. g. strike, lockout, traffic disruptions, orders from the public authorities in Germany and abroad) or which are attributable to technical problems not culpably caused.
  3. Furthermore, the liability regulations of the general terms and conditions of use apply.

§ 8 Rights of Use

  1. Unless not otherwise provided by law, the seller shall assign to repay.me a non-exclusive, gratuitous, content-based, local and time-limited, transferable right of use for the use, duplication, display, presentation and distribution of all materials made available by the seller in the context of his/her representation and product presentation on the marketplace for the duration of the contract. In particular photos, videos, texts and trademarks. The seller assures repay.me that he/she has the necessary rights of use.
  2. The seller expressly agrees to the technical adaptation, optimisation and modification of the materials provided, insofar as this is necessary for the best possible presentation and technical implementation.
  3. The seller also expressly agrees that repay.me may use any materials provided for advertising purposes on the marketplace or for the marketplace. A claim on the part of the seller with regard to such advertising measures does not exist.
  4. The seller is obliged to immediately inform repay.me should he/she be held liable by third parties for the infringement of their property rights, and should he/she be obliged to change or delete corresponding materials or article descriptions, and/or not to use them in the future.
  5. The seller shall indemnify repay.me from all claims asserted by third parties against repay.me - irrespective of the legal grounds - based on the violation of their rights or infringements of the law due to the offers and/or contents posted by the seller and/or the goods and services intended for the fulfilment of the contract.
  6. This indemnity applies in particular to claims under competition, copyright, trademark, patent, design and naming rights.
  7. In this regard, the seller shall bear the necessary costs for all necessary measures in this respect, including the necessary costs of a legal defence of repay.me caused by it. This does not apply if the seller is not responsible for the infringement. The same obligation applies in favour of the executive bodies and employees of repay.me.
  8. In case of a claim by third parties, the seller is obliged to immediately provide repay.me all information - truthfully and completely - necessary for the examination of the claims and the defense.

§ 9 Final Clauses

  1. These GTC contain the terms and conditions applicable between repay.me and the seller, for the marketplace provided by repay.me. Any regulations deviating from these General Terms and Conditions shall only apply if they are confirmed by repay.me in written form. By registering as a seller, the seller accepts these terms and conditions as binding.
  2. repay.me reserves the right to adjust these GTC in the future. This applies to significant changes in the business model of repay.me (e. g. changes in the service contents, functions, etc.). In the case of one of the above-mentioned changes, the seller's interests shall be duly taken into account. The seller will be notified of any changes to the Terms and Conditions in text form, by fax or e-mail, and the changed Terms and Conditions will be sent by e-mail at least four weeks before they come into force. If a seller does not object to the of the new General Terms and Conditions within two weeks after receiving the notification, the altered agreement is considered to be accepted. In a notification, containing the altered Terms and Conditions, repay.me will inform the seller of the significance of this four-week period, the seller's right to object and the legal consequences of silence. The General Terms and Conditions can be viewed by the seller in the customer account at any time .
  3. If the seller contradicts changes made to the General Terms and Conditions, both parties are entitled to cancel the contractual relationship as soon as the changes become effective.
  4. The language of the contract is German, the seller is obliged to use the German or English language for communication with repay.me.
  5. Insofar as the seller acts commercially, the place of jurisdiction for disputes, arising from his contractual relationship as seller with repay.me, is Berlin.