§1. Scope and General Remarks
elopage is an Internet sales platform, operated by us, the elopay GmbH (hereinafter referred to as "elopay" or "we"), which allows registered users (hereinafter "seller") to quickly and easily sell digital content and services over the Internet and in doing so, use our convenient payment services.
§2. Registering as a Seller
2.1. elopage - User Account
a. In order to use elopage, the seller must first create an elopage user account. The registration to elopage is free of charge.
b. The seller chooses a unique seller name when registering. The name of the seller must not violate the rights of third parties, other name or trademark rights or contain violations in regards to morality and should not be misleading. The seller is obliged to keep the password entered during the registration secret, and not to pass this on to third parties. The seller will take appropriate measures to prevent third parties from being aware of their password.
c. Only individuals of legal age, of unlimited legal capacity, natural persons or legal persons, partnerships or non-profit organizations can register. Commercial salespersons must provide their required business data, such as company name, company form, commercial register number, forename and surname of the shareholders and/or responsible persons, address, telephone number, e-mail address, if applicable, commercial register number, tax number, VAT number and any other information that may be required in the context of the contractual relationship or are required by law or by our cooperative financial service providers. Legally, a seller is considered a commercial seller, if he/she/they pursues a commercial or independent professional activity as an entrepreneur in accordance with §14 BGB (German Civil Code). This is the case if a seller offers scheduled and permanent goods and / or services for a fee.
d. If a seller acts as a consumer in accordance with §13 BGB (German Civil Code), which is the case, if his sales activities are predominantly ascribable to neither his commercial nor his independent professional activity, the seller has to truthfully indicate this when registering. Should it be determined that an industrial act has taken place on the basis of the sales activities of a seller, elopage will ask the seller to mark his seller account as a commercial seller account within a certain period of time.
e. Principally, each seller may only have one elopage user account.
2.2. elopay-payment account
a. For the usage of elopage, the seller may open an elopay payment account with our cooperation partner bank (hereinafter "the issuer") in order to accept and execute certain payment methods.
b. The contract in relation to the payment account is concluded exclusively between the seller and the issuer.
c. To successfully open and activate the payment account, additional information in accordance with the Money Laundering Act (GwG) and the German Banking Act (KWG) is required. In doing so, the seller enters into a contractual relationship with the issuer which is independent of the seller's contractual relationship with elopage. In addition, in order to open and activate an elopay account, the seller must explicitly agree to the terms and conditions of the issuer.
d. The payment account may be or may become restricted in certain functions. These restrictions are given according to the data in the registration and subject to the wishes of the use of payment services of the seller. Unrestricted use may require additional information and authentication of the seller by the issuer. Detailed information can be found at https://elopage.com/terms?form=bank.
e. The issuer decides independently whether he wants to enter into a legal relationship with the respective seller or not. If the issuer rejects a contractual relationship with a registered seller, this seller can not open or activate his elopay account.
f. We may contact the seller at any time by email or through other channels, in order to provide him with information or notifications relating to his account.
§3. Functions of elopage
a. As a service provider within the meaning of § 2 Nr. German Telemedia Act (TMG), we offer the sales platform "elopage", on which sellers can offer goods and services of all kinds (hereinafter referred to as "items"), provided that their offers, acquisition or publication do not, in any way, violate legal provisions and / or our terms and conditions.
b. The elopay GmbH, as the operator of elopage, is not liable for the business connections and resulting claims arising from elopage.
c. As a service provider, elopay advertises the sales offers made by sellers and makes them available to users and third parties so that they can advertise and promote the offers on other websites, social media applications, software applications and other channels.
§4. Creating sales offers through the seller
a. By creating and posting a sales offer in elopage, the seller makes a binding offer to conclude a contract for the goods or services.
b. The seller is responsible for ensuring that the sales offers placed by him, do not violate legal regulations and the rights of third parties.
c. In particular, the seller is responsible for ensuring that the items he has placed, their description, advertisement and distribution do not infringe copyright and ancillary copyright, industrial property rights, such as trademarks, patents, utility and design rights, as well as other rights, such as name and personal rights or offended against the good manners.
d. The sales offers and the photographs used may only refer to the articles offered. A reference and links to other articles is not allowed. In particular, it is inadmissible to discontinue non-existent items and to initiate and receive payments for undelivered purchases.
e. Commercial sellers are obligated to provide the legally required information in their sales offers. In particular, the required consumer protection information must be identified, e.g. Instructions on the statutory right of withdrawal, prices according to the price regulation (for example, information on sales tax), legally required provider identification. The seller remains responsible for any erroneous information (such as pricing, product descriptions, sizes and quantities).
§5. Order processing by the seller
a. The seller is solely responsible for his conditions of sale. The obligations to carry out the contract (transfer of the goods to the buyer, the proper and timely delivery), are also the sole responsibility of the seller.
b. The seller is solely responsible for the rescission of the contract if the buyer revokes the contract, complains or for other reasons withdraws from the contract. elopage is not obliged to accept returns from a buyer.
c. A complete review or control of the information deposited by the buyer for the execution of the purchase contract by elopage is not possible, since a review of the data deposited for a purchase by the buyer is limited or only possible to a certain extent. Despite multiple security arrangements made by elopage, it can not be ruled out that in case of a purchase, incorrect or illegally obtained contact details could be deposited by a buyer.
§6. Payment Transaction
6.1. Payment transaction via the elopay payment account
a. The seller can receive payments with his elopay payment account, which are covered by the payment methods offered by us (credit card (VISA and Mastercard), instant bank transfer). This elopay payment account may only be used to receive payments from buyers for products or services sold via elopage.
b. The available payout amounts may be subject to certain account limits, of which we will inform you in each case.
Account limits are determined based on individual performance and risk factors such as the duration of prior existing business relationships and the revenues generated, the seller's business information (such as the company's legal form and registered office and / or the buyer's registration and payment information provided) and our ability to verify these.
c. We reserve the right that a seller must keep a minimum balance on his elopay account. The amount of the minimum balance will be determined by taking the number of transactions made so far and the level of turnovers and the associated expected reversals and credit risks into account. This minimum balance will be displayed as unavailable credit.
d. We reserve the right to delay, withhold, or block the elopay account if a transaction or account is unauthorized, fraudulent or otherwise unusually used.
6.2. Payment transaction via other payment providers
a. Furthermore, we offer sellers the use of other payment providers, which can be used by the buyers in the payment process. The selection of available payment providers varies depending on the country, in which the seller is located.
a. For each sales transaction carried out via elopage, elopage receives a sales fee. The respective amount of the sales commission depends on the currently applicable fee schedule.
b. When using other payment providers, their respective transaction and commission conditions apply. The seller will be informed of any additional transaction costs on behalf of elopage in the applicable fee tables.
§8. Blocking and termination of elopage user accounts
b. The seller is entitled to terminate the elopage user agreement at any time. As soon as there are no open transactions or open payments, the seller account will be closed.
c. elopage can terminate the contract of use with a seller, with a notice period of 14 days.
d. Sellers whose license agreement has been suspended or terminated, are prohibited to use or to open other user accounts.
e. The suspension or termination of a user account does not affect contracts already concluded on elopage and the thereof resulting contractual obligations.
The seller exempts elopay from all claims asserted against elopay by buyers or other third parties for infringement of their rights by the sales items or other content placed by the seller at elopage. In doing so, the seller assumes the costs of the necessary legal defense of elopay in the legal amount. This does not apply if the infringement is not attributable to the seller. In the event of a claim by a third party, the seller is obliged to immediately and completely provide elopay with all the information required for an examination of the claims.
§10. Change of cooperation partners and / or issuers
elopay reserves the right to change its cooperation partners and / or issuers at any time. The seller will be informed about the change in writing, at least two months prior to the change.
§11. Change of contract terms
§12. Prohibition of assignment
Sellers may not assign any of their rights or obligations under these Terms or any contractual relationship with elopay without the prior written consent of elopay. If elopay should relinquish its rights and / or obligations arising from its contractual relationship with a seller, it will inform the seller in writing beforehand.
a. elopay has taken the utmost care in programming the elopage platform and testing it. The seller is aware that one hundred percent availability of the elopage platform is not technically feasible.elopay strives to provide continuous availability of the elopage platform to sellers, but can not guarantee the continuous availability or flawless operation of the elopage platform. In particular, required maintenance, security- or capacity issues and events that are beyond the range of elopay, may result in downtime that can not be foreseen. elopay will always strive to keep downtime as short as possible in such cases. The seller is not entitled to any compensation due to downtime.
b. The selection criteria provided by elopay within the billing tool (correct tax rate, product description, beneficiary and all other billing information pursuant to § 14 (4) UStG) are exclusively for the invoice contents necessary for VAT purposes. By providing the selection options, elopay in no way accepts responsibility for the billing of the services provided by the user, but acts solely as a supporter.Furthermore, this provision of the selection options does not replace any inspection or guarantee the accuracy of the billing information used by the user within his invoices.This obligation to examine is solely the responsibility of the user as the taxpayer for the services provided by him (the user himself is responsible for the correct invoicing). For the accuracy of the issued invoices by the user, a liability by elopay is thus excluded.
c. elopay can not be held liable for any damages suffered by the seller as a result of the improper use of the elopage platform or the specification of incorrect data, data entries, data transmissions or data processing.
d. elopay is fully liable for damages resulting from injury to life, limb or health resulting from a breach of duty by elopay, a legal representative or vicarious agent of elopay, as well as for damages caused by the lack of a condition guaranteed by elopay.
e. In addition, elopay is liable without limitation for damages caused intentionally or through gross negligence by elopay or one of its legal representatives or vicarious agents.
f. In the event of a breach of essential contractual obligations caused by slight negligence, elopay shall be liable for the amount of the contractually foreseeable damage, except in the cases of clause 13.c). Essential contractual obligations are abstractly such obligations whose fulfillment makes the proper implementation of a contract possible in the first place and on the compliance of which the contracting parties may regularly rely. apart from that, the liability of elopay is excluded.
g. Liability under the Product Liability Act remains unaffected.
h. The European Commission provides an online dispute resolution (OS) platform, available at https://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court dispute resolution.
In disputes arising from the contractual relationship between the seller and elopay or in relation to these terms and conditions, the applicable law is the law of the Federal Republic of Germany. If the seller's place of residence is not specified or known to elopay at the time of conclusion of the contract, the place of jurisdiction for all disputes arising from the seller's contractual relationship with elopay is the domicile of elopay. In addition, the general jurisdiction in accordance with. § 17 para. 1 ZPO is the seat of elopay, provided the seller is an entrepreneur.
§15. Severability clause
If individual provisions of this contract prove to be ineffective or unenforceable in whole or in part or become ineffective or unenforceable as a result of changes to the legislation after conclusion of the contract, the remaining provisions of the contract and the validity of the contract as a whole remain unaffected. The invalid or unenforceable provision shall be replaced by an effective and enforceable provision that comes as close as possible to the purpose and economic purpose of the invalid provision. If the contract proves to be incomplete, the provisions, that correspond to the purpose and economic purpose of the contract and would have been agreed upon in the case of becoming occupied, shall be deemed agreed.