Términos del servicio
El Green Mall UG, Friedrichstr. 114A, 10117 Berlin, Germany (hereinafter referred to as "El Green Mall") offers an online marketplace (hereinafter referred to as "El Green Mall marketplace") for responsibly and sustainably produced goods on the website elgreenmall.com.
El Green Mall thus offers commercial suppliers and buyers (hereinafter referred to as "participants") the opportunity to sell and purchase a comprehensive range of sustainable products. The participants could be people buying goods (hereinafter referred to as "buyers"), people selling goods (hereinafter referred to as "sellers") and others.
The following Terms and Conditions govern participation in the El Green Mall marketplace for both sellers and buyers.
By using the El Green Mall marketplace, you agree to these Terms and Conditions.
I. General Provisions
1. Participation in El Green Mall
1.1. Contracts concluded on the El Green Mall marketplace only entitle and bind the buyers and sellers involved, subject to the following provisions. El Green Mall itself only becomes a contractual partner of a purchase if its own items are offered for sale.
1.2. With the exception of the information to be recorded in accordance with § 22f UStG, El Green Mall does not check whether the offers and other content posted by the sellers on the El Green Mall marketplace and all information provided by all participants are legal, truthful and complete without a concrete suspicion.
2. Conclusion of the purchase contract
2.1. The various offers on the El Green Mall marketplace do not constitute binding offers to purchase. A purchase contract between the participants of the El Green Mall marketplace is only concluded when the respective seller bindingly accepts the order of a buyer. A confirmation of receipt of the order by El Green Mall does not constitute acceptance.
2.2. The items offered on the El Green Mall marketplace are in most cases shipped to the buyer by the respective seller. The seller must explicitly agree in the case of item pick up.
2.3. Payment of the purchase price is made through the El Green Mall payment service (see next section).
3. Payment methods / payment service
3.1. Payments for purchases of goods are made exclusively directly via El Green Mall. Payments are made exclusively via the payment service offered by El Green Mall. The goods offered on the El Green Mall marketplace can be paid for using various payment methods. El Green Mall reserves the right to adjust the payment methods offered at any time. When paying by direct debit, El Green Mall may perform a credit check before the contract is concluded.
3.2. All invoices shall be issued by the sellers with the information that payments are processed exclusively via El Green Mall payment platform.
3.3. El Green Mall provides reliable and secure payment methods for payment processing. El Green Mall may also involve third parties for this purpose.
3.5. Stripe automatically deposits the incoming money from buyers into an escrow account set up by El Green Mall, where it remains until the 30-day refund period expires. After the refund period expires, Stripe automatically pays the seller from the escrow account. Stripe will deduct a transaction fee from each transfer, details of which can be found at https://stripe.com.
3.6. As soon as the agreed purchase price is received, the seller will be informed immediately about the receipt. The seller is obliged to send the sold item to the buyer within the delivery time specified in the item description after receiving the information about the receipt of payment.
3.7. El Green Mall provides the seller with a statement of the amounts credited to him for the previous month by the end of each month at the latest.
3.9. There is no entitlement to payment and no payment is made in accordance with Section I.3.8. if and to the extent that the buyer has not received the items ordered; this also applies if and to the extent that buyers have notified El Green Mall that they have not received the item, unless the seller can prove receipt of the item by presenting a delivery confirmation.
3.10. El Green Mall is entitled to refuse payment until the seller has provided the information to be recorded by El Green Mall in accordance with § 22f UStG, in particular his valid German sales tax identification number or, in the case of use of the one-stop shop procedure in accordance with Section II.1.2. has submitted a valid sales tax identification number from a member state of the EU and proof of his residency in accordance with Section II.1.2.
4. Evaluation System
4.1. After making a purchase, buyers have the opportunity to evaluate the seller's performance and the product in question. Participants are only authorized to use the rating system for this purpose.
4.2. Each participant is obliged to only provide truthful and factual information in the evaluation, not to make any insults or unreasonably disparaging statements and only to report circumstances directly related to the respective purchase transaction.
4.3. It is not allowed to rate oneself. El Green Mall is entitled to remove such reviews.
4.4. El Green Mall will not check the reviews without a concrete suspicion.
4.5. El Green Mall is not liable in any form for the content of the submitted reviews, but will treat them as a marketplace operator in accordance with the following provisions:
4.5.a. If a participant believes that another participant has given an inaccurate or otherwise inadmissible rating, they can contact El Green Mall via the email address email@example.com. El Green Mall will request the author of the review in question to comment. If the author refuses to amend or withdraw his/her rating, El Green Mall will decide at its own discretion whether the rating will continue to appear on the El Green Mall marketplace until the admissibility of the rating is clarified in a court of law.
4.6. If a participant violates the stated evaluation principles, he is obliged to compensate El Green Mall for the damage incurred. In particular, he is obliged to indemnify El Green Mall from third-party claims that they assert against El Green Mall because of an unreasonable rating.
5. Arbitration Service
5.1. El Green Mall gives great importance to the trust of participants in the sales made on the El Green Mall marketplace. In the event of a dispute, El Green Mall will therefore endeavor to settle according to the following provisions:
5.1.a. In the event of a dispute with another participant (e.g. a dispute about the absence of defects in a product), each participant is entitled to report the facts to El Green Mall by means of a complaint.
5.1.b. El Green Mall will then compile the facts and, if necessary, contact both participants.
5.1.c. El Green Mall will then examine the matter within two weeks of receipt of the complaint and propose a solution to both parties.
5.1.d. In order to propose a solution, El Green Mall is entitled to obtain legal advice and to transmit the facts of the case to a lawyer who is bound to confidentiality. Obtaining advice does not involve any additional costs for the participants.
5.2. Participants have no legal right to arbitration of a dispute. After El Green Mall has made a non-binding proposal for the resolution of the dispute, the Participants will resolve the dispute independently and on their own responsibility. El Green Mall is not obliged to and does not provide any further assistance.
6. General Obligations of Participants
6.1. El Green Mall can verify the identity of the participants only to a limited extent. It is the responsibility of each participant to verify the identity of their respective contract partner.
6.2. Each participant (seller and buyer) must provide their complete address data and email address when registering their user account; if a buyer orders without registering a user account, he must provide this data when ordering. The participant is responsible for ensuring that the information provided to El Green Mall when registering or placing an order is true and complete. If he provides incorrect or incomplete information, El Green Mall is entitled to delete and terminate the account without notice or to not execute the order.
6.3. A participant is not entitled to register more than once for the El Green Mall marketplace. El Green Mall may allow exceptions in individual cases upon request.
6.4. Under no circumstances is the participant entitled to pass on his access data and in particular his access password to third parties. If third parties nevertheless gain access to the participant's account or if the participant has other indications of misuse of his account, the participant must inform El Green Mall immediately and change his access data. El Green Mall is not liable in any form for misuse of user account data by unauthorized third parties for which El Green Mall is not responsible.
6.5. Each participant undertakes not to disclose to third parties or in any way commercially exploit the data of other participants obtained in the course of using the El Green Mall marketplace. In particular, Participants may not send commercial emails to other Participants or otherwise contact them beyond what is necessary for the processing of transactions made on the El Green Mall marketplace without express prior consent.
6.6. Each participant agrees not to link or refer to external websites, to place advertisements for offers outside the El Green Mall marketplace or other content on the El Green Mall marketplace (e.g. in the context of offers, the rating system or during the processing of purchase transactions), which are not directly related to the El Green Mall marketplace.
6.7. The participants transfer to El Green Mall a royalty-free, limited in time to the duration of the contractual relationship, comprehensive right of use, in particular to reproduce, distribute, revise all works or parts of works as well as databases or any other catalog or product information, which participants transmit to El Green Mall in the context of the online offer of the El Green Mall marketplace including the right to publish these contents in particular in print media, online, on CD-ROM, etc., also for advertising purposes, to use them for the presentation of products on the El Green Mall marketplace whether in searches, categories or otherwise; to display vendors on the El Green Mall marketplace; to display products and/or vendors in promotional materials, newsletters, banners or advertisements, regardless of the technical display; and to visualize further developments or changes to the El Green Mall marketplace; and to allow other vendors offering the same product on the El Green Mall marketplace to use it, especially as a product image. The right of use does not include company logos, registered trademarks and other trademark rights that a seller transmits to El Green Mall for the purpose of selling.
7. Liability of the participants
7.2. Each participant releases El Green Mall from all claims made by other participants or other third parties against El Green Mall for the violation of their rights by content posted by the participant or for the violation of other obligations. The participant also assumes the costs of the necessary legal defense of El Green Mall, including all court and legal fees. This does not apply if the participant is not responsible for the infringement.
8. Sanctions for rule violations
8.1. To the extent that a participant violates his contractual obligations - this also includes a violation of the El Green Mall Consumer Policies and the El Green Mall Seller Policies, the law or morality, El Green Mall can, at its own discretion, react as follows:
8.1.a. El Green Mall may warn the participant;
8.1.b. El Green Mall may delete offers or content (e.g. ratings) of the participant;
8.1.c. El Green Mall may restrict the Participant's right to use the El Green Mall marketplace;
8.1.d. El Green Mall may temporarily suspend the participant's account;
8.1.e. El Green Mall may permanently suspend the participant's account and terminate the contract;
8.1.f. In the event that sellers repeatedly include vouchers or advertising for other online offers in the orders placed through El Green Mall, El Green Mall is entitled to increase the commission by 15% in all subsequent orders until further notice. The prerequisite is that El Green Mall has reported the violation and also the repeated violation to the seller in writing (e-mail is sufficient).
8.2. El Green Mall will take due account of the legitimate interests of the affected participant. However, in the event of a breach of his contractual obligations, the participant has no right to continue the contract if El Green Mall terminates the contract of use.
9. Term and termination of the contract of use
9.1. The contract of use is concluded for an indefinite period. It starts with El Green Mall admitting the participant. In the case of a purchase without registration by the buyer, the user contract begins when the order is sent.
9.2.The participant can terminate the contract with a notice period of 30 days to the end of the month. The obligations to El Green Mall and/or other participants already established by the participant during the term of the contract remain unaffected by the termination.
9.3. Outstanding sales commissions are due upon termination of the contract.
9.4. El Green Mall may terminate the contract with a notice period of 30 days to the end of the month.
9.5. The right to termination without notice for important reasons remains unaffected. In particular, El Green Mall can terminate the contract without notice if:
9.5.a. The participant intentionally provides incorrect information within the framework of the sustainability verification system,
9.5.b. The participant provides incorrect or incomplete information when registering,
9.5.c. The participant repeatedly receives negative assessments within the framework of the Evaluation System and these are not obviously unjustified,
9.5.d. The participant repeatedly violates other contractual obligations and does not refrain from breaching obligations even after being requested to do so by El Green Mall.
9.6. If El Green Mall has terminated the contract, the participant has no right to set up a new account, not even under a different name or designation.
9.7. Any notice of termination must be given at least in text form. Terminations by e-mail are considered in text form.
10. Distribution Channels and Presentation of Products
10.1. To market the products offered on El Green Mall, El Green Mall uses in particular, but not exclusively, digital sales channels such as advertising bookings in search engines, affiliate programs and cooperations, display ads and other digital advertising formats. Upon request, El Green Mall will provide sellers with more detailed information on the channels specifically used at the respective time within the framework of the legal requirements. Some of the channels and measures actually used by El Green Mall change at short notice and can therefore not be reproduced here in an up-to-date manner.
10.2. The ranking - i.e. the order in which products are displayed in a search or in a category on El Green Mall - takes various factors into account. The ranking is essentially based on interactions with the product in the past (clicks and orders) and the availability (stock stored at El Green Mall) of the relevant product variants. We also put these parameters in relation to each other. In a search, we also include the relevance of products for the search term. In addition, the ranking can be influenced by booking marketing products. These marketing products allow specific placement of products within El Green Mall.
10.3. El Green Mall also appears as a seller on the El Green Mall marketplace. In order to decide which products El Green Mall wants to offer itself, it has access to historical sales data and analysis of transactions on the El Green Mall marketplace.
11. Data Access
11.1. The information provided in Section I.11 serves to fulfill our obligations in accordance with Art. 9 P2B-VO (VO (EU) 2019/1150). These do not replace our general descriptions and declarations on data protection, see Section IV.2.
11.2. Within the El Green Mall marketplace, El Green Mall has access to the following categories of data, both data with and without personal reference:
Payment details (limited access only);
11.3. El Green Mall provides Sellers with the following categories of data generated in connection with its use of the El Green Mall marketplace:
Account details (of the seller);
Account data (of the buyer) – as far as they are necessary for the processing of the order;
Order data - as far as they are required to process the order or to calculate the commission;
Inventory and product data (of the seller).
11.4. Some of the categories of data mentioned above in 11.2 are made available by El Green Mall to third parties who use this data for the further provision or further development and analysis of the El Green Mall marketplace:
CRM and marketing software/service providers
Statistics and Analysis Software/Service Provider
II. Special Provisions for Sellers
1. Registration as a seller
1.2. Only natural persons, legal persons and partnerships with a registered office and warehouse in the European Union who are of legal age and have full legal capacity can register as sellers. The seller is obliged to prove its residency upon registration by providing a valid VAT number and other information required by law. The seller is also obliged to state his German sales tax identification number issued by the Federal Central Tax Office, unless he declares his sales generated in Germany exclusively via the one-stop shop procedure in accordance with § 18j UStG. If the seller is located outside the EU, he is obliged to duly comply with all legal procedures. El Green Mall takes no responsibility if the seller does not comply with EU laws. Participants with a registered office and/or warehouse outside the European Union are obliged to bear all additional costs arising due to the aforementioned situation, for example in the form of additional taxes, customs duties or other fees themselves and to indemnify El Green Mall from all possible claims of third parties resulting from this.
1.3. Following the full registration, El Green Mall sends the seller an email with the personal access data required to use the El Green Mall marketplace.
1.4. Each seller undertakes to notify El Green Mall of any future changes to the data provided during registration without being asked and without delay.
1.5. The seller must configure payment options in the El Green Mall’s seller portal. This information must be up to date in order to get payments on time. It is the sole responsibility of the seller to keep this information up to date. In case that the seller finds that the information is not up to date, it must inform El Green Mall immediately to avoid delays in payments. El Green Mall takes no responsibility in regards to incorrect payment data configured in the El Green Mall’s seller portal.
2. Sustainability Verification Criteria
2.1. The El Green Mall marketplace sees itself as a trading place for ecological and sustainable products. The goods offered by the sellers must therefore meet at least three of the following criteria:
Planet Friendly Materials,
Fair Supply Chain,
Vegan & Cruelty-Free and
2.2. El Green Mall can require that products sold on the El Green marketplace meet more than three of the criteria listed under Section II.2.1.
2.3. El Green Mall can refuse to release a product for sale if the requirements in terms of Section II.2.1 are not met. There is no entitlement to activation for sale even if the criteria are met.
2.4. El Green Mall can remove a product from the portfolio if facts later become known about the product being not aligned with El Green Mall sustainability criteria.
3. Specific Obligations of Sellers
3.1. Sellers are required to comply with the law in all of their business activities conducted through El Green Mall and to observe all legal and regulatory requirements for the sale of their goods. Furthermore, the separate Seller Policy provided on the El Green Mall website is binding and obligatory for all registering sellers. By registering on El Green Mall, their validity is acknowledged.
3.2. Sellers must comply with all consumer protection regulations. This applies especially to the proper granting of a right of withdrawal, insofar as this is required by law. Information about the legal requirements can be found on the German Justice Minister website. El Green Mall is not obliged to provide the seller with an up-to-date cancellation policy. In case El Green Mall provides the sellers with templates for a cancellation policy, general terms and conditions, or delivery or shipping terms; the use of these templates is optional for the sellers and is their own responsibility. Therefore, in the event of use, El Green Mall accepts no liability whatsoever.
3.3. Each seller undertakes not to offer any products whose offering or sale violates the rights of third parties (e.g. trademark or copyright) or offends common decency.
3.4. In the event that third parties assert claims against El Green mall due to the violation of legal or official requirements or the violation of private rights, the seller who violates the contractual provisions shall indemnify El Green Mall from all claims asserted upon first request. The exemption also includes the costs of the necessary legal defense of El Green Mall, including court and attorney's fees.
3.5. The seller is obliged to only offer such items that he can send to the buyer within the delivery time specified in the item description.
3.6. Seller is solely responsible for determining whether any taxes, duties and/or customs duties apply to the items it offers and whether these are payable by it.
3.7. The seller is obliged to describe the items offered by him truthfully and completely. In doing so, he has to include all circumstances that are relevant for the average buyer for the purchase decision. In particular, he must inform the buyer of any defects or signs of wear and tear, as well as delivery and shipping conditions. For each item, the seller must state the full purchase price to be paid by the buyer, including VAT and any shipping costs incurred.
3.8. The seller is obliged to reimburse the buyer immediately for any purchase prices paid directly to him. Payment processing must take place via the El Green Mall payment service so that payments can be correctly allocated. Otherwise, the transaction cannot be processed.
3.9. Any seller is prohibited from selling age restricted items to unverified buyers. Items that may only be sold to persons of legal age must be shipped by the seller using the shipping option "registered mail personally" or another shipping option that ensures that minors cannot gain access to the shipment.
3.10. The seller is not entitled to place links to external websites in any form as part of his offer on the El Green Mall marketplace. This does not apply to links to other offers from El Green Mall.
3.11. The seller is only allowed to display the offered item and information about the item within the scope of his offer on the El Green Mall marketplace. The seller is not entitled to advertise in any form beyond that. El Green mall may allow exceptions in individual cases upon request.
3.12. The seller is obliged to enter into and execute its sales exclusively through the legal entity located in the European Union as which it has registered. He is not entitled to have the conclusion of the contract or the delivery carried out by a subsidiary not based in the European Union or any other person associated with him. El Green Mall may allow exceptions on a case-by-case basis (companies that are not established in the EU, but have complied with all EU regulations and have a VAT identification number).
3.13. The Seller is obliged to sell and deliver only goods that comply with all EU regulations.
3.14. If the seller provides information during registration that is not in accordance with Section II.1.2, processes sales contrary to the specifications in Section 12 or offers and delivers goods contrary to the specifications in Section 13, he is obliged to notify El Green Mall of the results to compensate for tax damages. The term "tax damage" includes in particular the sales tax incurred for El Green Mall and the costs for any sales tax registration that may be necessary in each affected state, including the associated consulting costs.
3.15. The El Green Mall Seller Policy, which the seller accepts as a participant, applies to each seller in addition to these provisions.
4. Product Placement
4.1. El Green Mall provides the seller with its own page (“seller shop”) with its own URL , on which only the seller’s offers are presented. The design of the website is provided by El Green Mall.
4.2. The seller will provide all information relevant to the product, that means product information, product images and company information, etc. The seller alone is responsible for the content of their page and products, who in particular has to include a shipping and return policy. The seller must ensure that all the information has been inserted correctly. In case of correction, the seller must contact El Green Mall. In case of misinformation, the seller indemnifies El Green Mall from all asserted claims on first demand. The indemnification also includes the costs of the necessary legal defense of El Green Mall, including court and attorney fees.
4.3. The seller is also not entitled to place links to external websites in any form within his “seller shop” page. This does not apply to links to other offers from El Green Mall.
4.4. The seller may only reproduce the items offered and information about these items in his “seller shop” page. The seller is not entitled to advertise in any form beyond this.
5.1. El Green Mall receives a sales commission from the respective seller for each order placed via the El Green Mall marketplace. This is based on the gross purchase price (purchase price including VAT) and does not include the statutory VAT. The amount of the applicable commission depends on the agreed commission between the seller and El Green Mall, valid on the day of the order.
5.2. The commission accrues for each order placed through the El Green Mall marketplace. This applies regardless of whether the transaction is actually carried out later or, for example, due to a cancellation before or after delivery. The commission is not due if the seller has effectively informed about the right of withdrawal and a consumer then makes use of his statutory right of withdrawal.
5.3. Sales commissions incurred are immediately offset against the seller's credit balance. The difference will be credited or debited to the seller's account. As long as the seller's account has a negative balance, no payments will be made to the seller. If a seller's account has a negative balance for a period of more than 2 weeks, the seller is obliged to close the negative balance at El Green Mall's request.
5.4. The total purchase price minus the commission will be transferred to the seller after the refund period has expired. This refund period is 30 days. Any sales commission due will be offset against the total purchase amount. Payment will first be made via the payment method chosen by the buyer, which will then remain in the respective accounts of El Green Mall. El Green Mall may offer exceptions to this clause in special cases, in which case the seller will receive the total purchase price minus the commission immediately. However, El Green Mall reserves the right to request this money up to 30 days after the buyer has purchased the product. Seller may not refuse to refund El Green Mall or buyer the total amount if requested to do so within 30 days.
5.5. The amount of the commission can be changed by El Green Mall. The changed overview of fees will be sent to the seller by email at least two weeks before it comes into effect. If the seller does not object to the validity of the new fee rates within two weeks of receipt of the e-mail, the changed fee overview is deemed to have been accepted. El Green Mall will inform the seller separately of the importance of this two-week period, the right to object and the legal consequences of remaining silent in the e-mail containing the changed fee rates. If the seller objects to the changed overview of fees within the aforementioned period, El Green Mall is entitled to terminate the contract without notice.
III . Special provisions for the buyer
1. With the registration and/or the order, the buyer confirms that he is of legal age, has full legal capacity and is able to pay the purchase price.
IV. Special Provisions for El Green Mall
1. Warranty and Liability
1.1. El Green Mall will make every effort to provide the El Green Mall marketplace as uninterrupted as possible. However, El Green Mall does not guarantee a specific availability rate. In particular, no liability is assumed for force majeure, such as server failures of the provider for which El Green Mall is not responsible, power failures or manipulations by third parties.
1.2. El Green Mall is not a contractual partner in the sales transaction between seller and buyer and assumes no liability for the object of purchase.
1.3. El Green Mall does not guarantee that the sellers and buyers comply with the legal provisions imposed on them (e.g. consumer protection rights). El Green Mall will, however, in case of concrete suspicion of a violation of the law by a participant, examine the facts and, if necessary, work towards the elimination of the violation of the law.
1.4. El Green Mall's liability for and in connection with the provision of the El Green Mall marketplace, for whatever legal reason, is determined by the following provisions:
1.4.a. El Green Mall is liable for intent and gross negligence as well as for personal injury (injury to life, body and health) without limitation, even in case of slight negligence. In the latter case, however, liability is limited to breach of essential contractual obligations, default and/or impossibility for which El Green Mall is responsible. The liability in case of breach of such essential contractual obligation is limited to the damage typical for the contract, the occurrence of which El Green Mall had to expect at the time of conclusion of the contract based on the circumstances known to it at that time. The essential contractual obligations include in particular the provision and enabling of the use of the El Green Mall marketplace.
1.4.b. El Green Mall is only liable for the loss of data in accordance with the paragraphs above if such a loss could not have been avoided by appropriate data backup measures on the part of the participant.
1.4.c. For the rest, the liability of El Green Mall is excluded. The provisions of the Product Liability Act remain unaffected.
Personal data of the participant will only be collected, processed or used if the participant has consented or if the Federal Data Protection Act ( BDSG ), the Telemedia Act ( TMG ) or another legal regulation orders or permits it. Details are determined according to the El Green Mall data protection declaration.
3. Final Provisions
3.2. Participants can only offset claims from El Green Mall with undisputed or legally established counterclaims. The participant can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
3.3. The participant can only transfer rights and obligations from the contracts with El Green Mall to a third party with the prior written consent of El Green Mall.
3.4. If the participant is a merchant, a legal entity under public law or a special fund under public law or has no registered office in Germany, the registered office of El Green Mall is the place of jurisdiction. El Green Mall is free to assert claims in the courts of the customer's general place of jurisdiction. An exclusive place of jurisdiction remains unaffected.
Please note the official language (legally binding version) of this document is German.