General platform terms

ERTZU operates an online marketplace for high-quality fragrances (“Platform”). These General Platform Terms regulate the use of the platform and the marketplace functions enabled via it.

The transaction-related authentication, payment processing and the associated verification logistics are based on separately applicable authentication and verification conditions, insofar as these are published and included in the contractual relationship.

In addition, the authentication and verification conditions, the data protection declaration, the price list and the shipping guidelines apply in their current version, insofar as these are published and applicable. If ERTZU offers premium or B2B services or sales by commercial sellers to consumers in the future, the then published special conditions and, if necessary, a cancellation policy will also apply.

In the event of contradictions, the following order of precedence applies: mandatory law, then individual agreements, then the authentication and testing conditions for authentication, payment approval and testing logistics, then these platform conditions, then the other applicable documents.

The platform is only available in the countries activated by ERTZU. The availability displayed in the purchasing process is decisive.

“Platform” means the online interface operated by ERTZU, including user accounts, checkout, messaging, listing and support functions.

“Private seller” is a natural person who offers products from their private assets outside of a commercial or independent professional activity.

“Commercial seller” is any person or company that sells in the exercise of a commercial or independent professional activity.

“Buyer” is any user who purchases a product via the platform.

“Security account” is the payment or settlement account managed by the licensed payment service provider used by ERTZU, through which payments are processed in trust. ERTZU itself does not maintain an account that holds customer funds.

“Authentication Center” is the verification centre operated by ERTZU itself or by commissioned third parties; The authentication and verification conditions regulate further details.

Submitting the online registration is a legally binding offer to conclude a user agreement. The usage contract is only concluded when the user account is activated by ERTZU.

Registration is only permitted to persons and legally competent companies with unlimited legal capacity. Minors are not allowed to register or conclude purchase contracts via the platform.

In principle, only one user account may be maintained per email address. All information must be complete, truthful and current and must be updated immediately in the event of changes.

Access data must be kept secret; Any suspicion of improper use must be reported to ERTZU immediately. User accounts are personal and not transferable without the consent of ERTZU.

ERTZU is entitled to request additional proof of identity, tax, ownership, KYC, AML and plausibility from sellers.

ERTZU operates an online marketplace and provides technical, organizational and transaction-related services. ERTZU itself does not offer any products for sale and does not become a seller itself.

The purchase contract for the respective product is concluded exclusively between the seller and the buyer. ERTZU is not a party to this purchase agreement.

A usage contract for the platform is concluded between ERTZU and the users. In the event of a transaction, an additional paid contract for authentication, payment processing, logistics and support services is concluded in accordance with the authentication and verification conditions.

ERTZU is neither a manufacturer, importer nor brand owner of the products traded; Product safety roles in accordance with Section 11 remain unaffected.

ERTZU differentiates between private and commercial sellers. Only private sellers are allowed to start; Commercial sellers will only be admitted after activation and under the additional conditions that apply at that time. ERTZU is entitled to reclassify users based on offer behavior, quantities, frequency and product type.

Private sellers are not permitted to use the platform for commercial or commercially similar series sales.

Commercial sellers comply with all mandatory consumer protection, tax, labeling and product safety obligations, in particular the provision of proper cancellation instructions to consumers, to the extent required by law.

Only fragrance products that are original and genuine, can be legally resold, correspond to the activated product categories and do not violate the law, third-party rights or platform guidelines may be offered.

Only products that were brought onto the market for the first time in the European Economic Area (EEA) with the consent of the trademark owner and for which the trademark rights have been exhausted are permitted. Goods that were brought onto the market exclusively outside the EEA (parallel or gray imports) are not permitted. The seller is responsible for marketability in the EEA.

Both factory-sealed and expressly activated unsealed or opened products are permitted. The additional mandatory information, testing and tolerance rules as well as limited complaint options in the authentication and testing conditions apply to unsealed products.

The following are particularly prohibited:

• Counterfeits, replicas and counterfeit packaging.
• Refilled, diluted, adulterated or otherwise manipulated products.
• Decants, bottlings, samples, testers, miniatures or remaining quantities, unless expressly approved.
• Stolen, embezzled or otherwise unlawfully obtained goods.
• Products with batch codes or markings removed, covered over or tampered with.
• Leaking, damaged, hygienically questionable or dangerous shipments.
• Products or content whose distribution or presentation violates the rights of third parties.

Sellers must create each advertisement completely, accurately and understandably. Photos must show the actual product being sold.

Mandatory information, if available or applicable, is: brand, product line, concentration and nominal quantity; Seal status; level; batch code; Condition of box, cellophane, bottle, cap and spray head; Accessories and scope of delivery; known deviations, storage events, leaks or repairs.

To the extent required by product safety law, in particular in accordance with Article 19 of Regulation (EU) 2023/988 (GPSR), prescribed information will be displayed before the purchase is completed; Sellers must provide the necessary information for this.

In particular, the automated reading, copying or commercial use of platform data (scraping), building your own databases from platform data and sending advertising or spam messages without consent are prohibited.

Circumventing the mandatory authentication flow, circumventing the security account or the stated fees, and using false identities, documents or product information are also prohibited.

If a sale initiated via the platform is carried out outside ERTZU bypassing the platform, the fees or the security mechanism, the transaction fee owed according to the price list still remains due; Further rights remain unaffected.

In particular, ERTZU charges a buyer's fee and a seller's fee as well as shipping, insurance and any additional costs. As of these terms and conditions, the buyer's fee is 9.2% (ERTZU inspection & buyer protection) and the seller's fee is 9.8% (ERTZU sales service). The basis for calculating both fees is the item price (sales price of the fragrance); Shipping, insurance and additional costs are not part of this assessment basis, are based on the price list shown and can vary. The fees are calculated per transaction and commercially rounded to the nearest cent.

The buyer's fee will be charged to the buyer along with the purchase price at checkout; the seller fee is withheld from the seller's payout amount. The specific fee amount and the total price will be displayed before the transaction is completed.

ERTZU may adjust fees and costs in the future. The amounts stated in the checkout and in the current price list are always decisive; These will be transparently displayed to the buyer as the total price before completing the order. Transaction-related fees generally only apply if the transaction is successful, unless otherwise specified for circumvention or special cases.

ERTZU may offset due dates, in particular fees, chargebacks, refunds, claims for damages and indemnification, against payment claims.

Users may only post content that they are legally permitted to use and publish and grant ERTZU a simple right of use necessary for the execution of the contract. Trademarks and symbols may only be used descriptively and legally. Rights holders can commit legal infringements info@ertzu.de melden.

ERTZU can temporarily or permanently block reported content, request evidence and pass on reports to affected users, to the extent legally permissible.

ERTZU operates an online marketplace within the meaning of Regulation (EU) 2023/988 (GPSR) and maintains a central contact for market surveillance authorities. Product safety reports can be sent to info@ertzu.de .

ERTZU cooperates with the responsible authorities and immediately removes offers reported as dangerous.

To the extent that ERTZU provides storage, packaging or shipping services, ERTZU may be subject to product safety obligations as a fulfillment service provider; ERTZU takes the necessary organizational precautions for this.

ERTZU can deactivate security-relevant offers, withhold products and inform authorities or authorized third parties.

In the event of violations, ERTZU can remove offers, block payments, withhold payouts, block accounts, reclassify users, demand evidence, terminate contractual relationships and demand compensation and indemnification.

ERTZU endeavors to ensure trouble-free operation of the platform, but does not guarantee complete availability. Maintenance, capacity concerns and events beyond ERTZU's control may temporarily restrict access.

As part of the marketplace and brokerage function, ERTZU does not generally check the content and offers posted by users in advance and is not responsible for their accuracy, completeness or timeliness. ERTZU is not liable for the content, information and behavior of users unless ERTZU is responsible for this. This does not apply to the separately regulated authentication and verification.

ERTZU is only liable for slight negligence in the event of a breach of essential contractual obligations, i.e. obligations whose fulfillment enables the proper execution of the contract and on which the user can regularly rely, and the amount is limited to the damage that is typically foreseeable in the contract.

The limitations of liability do not apply in the event of intent, gross negligence, injury to life, body or health or in accordance with mandatory legal regulations.

ERTZU's liability for authentication and the associated services is ultimately based on the authentication and testing conditions.

The user releases ERTZU from all third-party claims resulting from a violation of rights or obligations for which he is responsible in connection with his offer or his use of the platform, including reasonable legal costs.

If a product turns out to be counterfeit, manipulated or not marketable, ERTZU can claim back the costs incurred for testing, storage, logistics and return processing as well as refunds paid to buyers from the responsible seller.

ERTZU’s current data protection declaration applies to the processing of personal data.

The user agreement is concluded for an indefinite period of time and can be terminated by users at any time in text form or via the account functions. The right to extraordinary termination for good cause remains unaffected.

For ERTZU, an important reason exists in particular in the event of serious or repeated violations, suspected counterfeiting, legal violations, misuse, non-payment, identity deception or violations of security requirements.

Transactions that have already begun may be processed or reversed in an orderly manner even after termination or blocking.

ERTZU will inform the user of any changes to these conditions in text form. Significant changes that affect the relationship between performance and consideration or the main obligations will only become effective with the express consent of the user. Otherwise, an appropriate objection procedure applies; ERTZU expressly points out the deadline and consequences. Mandatory law remains unaffected.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection law conflicts with this.

If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of ERTZU. The statutory places of jurisdiction apply to consumers.

If a provision is ineffective, the effectiveness of the remaining provisions remains unaffected.