Terms of Service
These Terms of Service govern your use of our online marketplace as a customer. The marketplace is operated by [Company name], [Registered address] ("we", "us"). Please read them carefully. Our Privacy Policy explains how we handle your personal data.
1. What our marketplace is
1.1 Our marketplace lets you find products offered by independent local merchants, reserve them online and pick them up at the merchant's shop or pickup point. You buy from the merchant, not from us. The merchant is your contracting party for the purchase and is responsible for the product, its price, its description and its quality. Each product page and each order shows which merchant offers the product, where the merchant is established, and that the merchant is a trader.
1.2 We provide the platform: the product listings, the reservation process, pickup codes, return requests and a mediation service if you and a merchant disagree. We check merchants before they can sell and review their products, but we cannot guarantee that every listing is correct.
1.3 All merchants on our marketplace are traders. Consumer protection law therefore applies to your purchases from them.
1.4 In this first phase, the marketplace is available only to consumers, that is, people buying for purposes outside their trade, business or profession. You must be at least 18 years old to create an account.
2. Your account
2.1 You need an account to reserve products. You must give a valid email address and keep your password secret. You are responsible for activity in your account unless it was caused by someone else without your fault.
2.2 You may have only one customer account. You can delete your account at any time in your account settings, unless you still have open reservations or return requests.
3. How reserving and buying works
3.1 Reservation. When you place an order, you reserve the selected products at the pickup point you have chosen. If your cart contains products from several merchants, a separate reservation is created for each merchant. You can have up to 5 open reservations at the same time.
3.2 Confirmation by the merchant. The merchant must confirm within 48 hours that the products are ready. We then send you a pickup code by email; you can also see it in your account. If the merchant does not confirm in time, the reservation is cancelled automatically.
3.3 Pickup period. The merchant holds the products for you for the period shown with the reservation (usually 3 days, at most 7 days, counted from the merchant's confirmation). We remind you by email 24 hours before the period ends.
3.4 Purchase and payment at pickup. A reservation is not yet a purchase. The purchase contract with the merchant is concluded at the pickup point, when you decide to take the products and pay for them. You pay the merchant there, using the payment methods the merchant accepts. Until then you are not obliged to buy, and you may take only some of the reserved items; the rest of the reservation is then cancelled. Because the contract is concluded in the merchant's presence, the statutory right of withdrawal for distance contracts does not apply; see section 5 for returns.
3.5 Prices. Prices are final prices including VAT, in the currency of the merchant's country. Merchants have committed to us to hand over reserved products at the price shown when you reserved them. Coupons are issued by merchants; you can use one coupon per reservation.
3.6 Pickup code. Show your pickup code to the merchant's staff. Do not share it with anyone who should not collect your order. Anyone who presents your code may collect it.
4. Cancelling a reservation
4.1 You can cancel a reservation free of charge at any time before pickup, in your account.
4.2 The merchant or our customer service can cancel a reservation, for example if a product is no longer available or has been recalled. They must give a reason, and we inform you by email.
4.3 If you do not pick up. A reservation that is not picked up before the end of the pickup period expires. If three of your reservations expire within 90 days, you cannot place new reservations for 30 days. We explain this in your account and you can contact us if you think it is wrong.
5. Returns and disputes
5.1 Your statutory rights. If a product does not conform to the contract (for example it is defective), you have the rights provided by law against the merchant, in particular the legal guarantee of conformity. These rights are not limited by these Terms.
5.2 Return requests. In addition, you can request a return through your account within 14 days after pickup, stating the reason. You can return some or all of the items you collected. The merchant decides on your request within 3 days. If the merchant accepts, you bring the items back to the pickup point within 14 days, and the merchant refunds you directly. If the merchant refunds less than the price you paid, it must tell you why.
5.3 Mediation. If the merchant rejects your request or does not answer in time, you can ask for our mediation within 7 days. Our customer service reviews the case and gives a written opinion. We mediate but do not decide: the final decision on a voluntary return lies with the merchant. Your statutory rights under section 5.1 and your right to go to court remain unaffected.
6. Product information, translations and safety
6.1 Product descriptions are written by the merchants. Where a description is not available in your language, we may show an automatic machine translation, marked as such; the original text prevails.
6.2 Product pages show the merchant's name, address and contact details, the manufacturer, the responsible person in the EU where required, and the warnings and safety information provided by the merchant.
6.3 If a product is recalled, or if we learn that an illegal product was offered, we inform the customers who collected it by email and publish the information on our recalls page.
7. How products are ranked
When you browse or search, products are shown according to how well they match your search terms and selected filters (such as category, price range and city) and the sort order you choose. Merchants cannot pay for a better position. [To be completed when search is launched.]
8. Reporting illegal content and unsafe products
8.1 Anyone can report a product or listing they believe to be illegal or unsafe, using the "Report" link on the product page. A report should explain why the content is illegal or unsafe, identify the listing, and include a statement that it is made in good faith. Where possible, give your name and email address so that we can confirm receipt and inform you of our decision.
8.2 We review reports diligently and without undue delay; reports about unsafe products within 3 working days. If we remove or restrict content, we inform the merchant concerned and give reasons.
9. Complaints about our decisions
9.1 If we take a decision about you or about content you reported (for example, we reject your report or restrict your account), you can complain to us within 6 months by writing to [support@example.com]. A person, not only an automated system, reviews your complaint and we inform you of the result.
9.2 You may also turn to a certified out-of-court dispute settlement body under Art. 21 of the Digital Services Act. [Names of bodies to be added.] You can always go to court.
9.3 [Statement whether we participate in dispute resolution proceedings before a consumer arbitration board, to be decided.]
10. Rules of conduct
10.1 You must not misuse the marketplace. In particular, you must not reserve products without intending to collect them, submit reports or return requests that are manifestly unfounded, try to access other people's accounts, or interfere with the operation of the platform.
10.2 If you frequently submit manifestly unfounded reports or complaints, or otherwise repeatedly or seriously break these rules, we first warn you. If the misuse continues, we may suspend your account or stop processing your reports for a reasonable period, usually up to 3 months; in serious cases we may close your account. When deciding, we take into account the number and share of unfounded reports, how serious the misuse is and whether it was intentional. We will tell you the reasons and how you can complain (section 9).
11. Our liability
11.1 We are responsible for operating the platform with reasonable care. We are not a party to the purchase contract and are not liable for the products sold by merchants, except where the law makes us liable.
11.2 We are liable without limitation for intent and gross negligence, for injury to life, body or health, and where mandatory law provides. Otherwise our liability for slight negligence is limited to foreseeable damage typical for this kind of contract, in cases where we breach an obligation essential for the use of the platform.
12. Changes to these Terms
We may change these Terms for valid reasons, such as changes in law or new features. We will inform you by email at least 30 days before a significant change takes effect. If you do not agree, you can delete your account before the change takes effect. The version you accepted is recorded in your account.
13. Law and jurisdiction
These Terms are governed by the law of [country of our establishment]. If you are a consumer, you also keep the protection of the mandatory rules of the law of the country where you have your habitual residence. You can bring proceedings in the courts of your country of residence.
14. Contact
- Customer service and point of contact for users (Art. 12 Digital Services Act): [support@example.com]. You can write to us in any of the languages offered on our marketplace.
- Point of contact for authorities (Art. 11 Digital Services Act): [authorities@example.com].
- [Company name], [Registered address], [Commercial register and number], VAT ID [VAT ID], represented by [Managing director].