Agreement
between
Olga Gavrikova
Kamminer Straße 3
10589 Berlin
(hereinafter referred to as the “Operator” or “LA OL’ MARKT“)
and
(Name / Company) _________________________________________________________
represented by _____________________________________________________________
(hereinafter referred to as the “User“)
Note: The term “User” is used in a gender-neutral way and applies to all genders.
Preamble
The use of the LA OL’ MARKT platform is intended exclusively for entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Consumers within the meaning of § 13 BGB are excluded from using the platform.
I. Scope
These provisions apply in addition to the General Terms and Conditions (GTC) available at: https://la-ol.com/de/agb
II. Conclusion of Contract and User Account
The user agreement is concluded upon registration on the platform and confirmation by LA OL’ MARKT.
Use of the platform requires a user account consisting of a username and password (login data).
The User is obliged to provide accurate and complete information during registration (authenticity obligation). The use of pseudonyms is not permitted.
Communication with the Operator is carried out via the email address provided by the User.
III. Role of LA OL’ MARKT / Contractual Relationships Between Users
LA OL’ MARKT provides a platform for providers and interested parties.
Contractual relationships regarding offered products are established exclusively between users. The Operator is neither an intermediary nor a contracting party.
The User undertakes to handle all matters related to delivery, contract performance, warranty, and returns directly with the buyer.
For products with a value of more than €9.00, shipping with tracking is mandatory.
The provider must specify a return address and refund policy and ensure that the customer is informed that LA OL’ MARKT is not a contracting party.
LA OL’ MARKT will only process refunds if the complaint has been properly submitted by the customer and the provider has agreed to the refund.
IV. Prices, Commission, and Right of Retention
Registration and use of the platform are free of charge for the first three months.
From the fourth month onwards, a monthly fee of €40 applies.
For each sale, a commission of 15% of the net sales price is payable to the Operator. The usage fee is due in advance on the 1st of each month.
Commissions become due upon receipt of customer payment.
For new sellers, LA OL’ MARKT reserves the right to withhold the User’s revenue for a period of 14 days from the initial registration and use of the online platform. This measure serves to verify proper usage of the platform.
LA OL’ MARKT also reserves the right to withhold revenue for one week after the buyer has received the goods. This rule no longer applies if the seller has a positive sales history after two months from registration and usage.
The Operator issues a monthly statement and offsets commissions and fees against the User’s payout claims.
If the User violates the authenticity obligation (see Section II (4)), LA OL’ MARKT reserves the right to withhold payments until the User fulfills their obligations under these Terms of Use. The same applies if more than three data points in the user profile (e.g., password, phone number, email, address) are changed. In such cases, LA OL’ MARKT may request suitable authentication, such as ID documents, account statements, and/or other relevant documents.
The Operator is entitled to retain a security reserve of up to 20% of revenues for a maximum of 30 days if objective reasons exist (e.g., suspicion of fraud, high return rates, pending identity verification). The User will be informed of the reason and duration.
Negative balances must be settled by the User within 7 days.
V. Use of the Platform / Content
The User may publish content (e.g., texts, images). The User undertakes to comply with all legal requirements (in particular, competition, consumer, copyright, trademark, and data protection law).
LA OL’ MARKT may block content at any time, especially if there is suspicion of legal violations. Before blocking, the User will be informed and given the opportunity to respond, except in urgent cases.
There is no entitlement to any specific platform functionality.
The User is solely responsible for the products they offer, including delivery, warranty, returns, and refunds.
The Operator strives to ensure uninterrupted platform operation. However, maintenance work, technical issues, or external factors may lead to temporary unavailability. Liability for this is excluded.
VI. User Conduct Obligations
The User undertakes to comply with applicable law when publishing content, in particular criminal, competition, trademark, copyright, and data protection law.
The User must label their sales offers with accurate information and must not infringe the rights of third parties.
The following are particularly prohibited:
- Racist, violence-glorifying, or extremist content
- Calls to commit crimes
- Statements that violate personal rights
- Copyright or trademark infringing content
- Pornographic, sexist, or obscene material
Quotations must be clearly indicated (quote function + source). Foreign-language quotations must be translated in a meaningful way. Incorrectly cited contributions may be removed or corrected.
For all sales above €9, the User must always provide a tracking number.
The distribution and/or public reproduction of any platform content without the Operator’s consent is prohibited. Complete or partial reuse of content by third parties without consent is not permitted.
VII. User Cooperation Obligations
The User is solely responsible for the quality, delivery, marketing, protection, and ownership of the trademark rights of the goods they offer.
The User must answer all questions regarding contract performance, warranty, and returns directly with their customers and update this information as necessary. In particular, the User, as the seller, is solely responsible for the delivery of products to the buyer in accordance with applicable law.
If the content contains hyperlinks to third-party pages, the User guarantees that they are authorized to use the hyperlink and that the linked website (“landing page”) complies with applicable law and third-party rights.
The User must handle login data with care. It is strictly prohibited to share login data with third parties or allow third-party access to the profile by bypassing login data.
The User must refrain from any activity that could impair or excessively burden the operation of the portal or its underlying technical infrastructure. This includes, in particular:
- The use of software, scripts, or databases in connection with the use of the platform
- The automatic reading, blocking, overwriting, modifying, or copying of data and/or other content, unless this is necessary for proper platform use
If disruptions occur while using the platform or its features, the User must immediately notify the Operator. The same applies if the User becomes aware of third-party content that clearly violates applicable law or third-party rights.
The User undertakes to take appropriate measures for the return of goods. If goods nevertheless come into the possession of LA OL’ MARKT, the User agrees to bear the costs of storage and delivery. In this case, LA OL’ MARKT will request collection and, after a reasonable waiting period, has the right to sell the goods to cover the costs.
VIII. Procedure under the Digital Services Act (DSA)
The Operator provides a procedure for reporting illegal content (“notice and action”). Reports can be submitted via info@la-ol.de.
The Operator reviews reported content and makes a decision. Users receive a reasoned notification regarding the removal, blocking, or restriction of their content, including legal grounds and appeal options.
The Operator maintains a contact point for authorities and users at info@la-ol.de.
IX. Rights of Use
The User grants LA OL’ MARKT a simple, non-exclusive, unlimited (spatially and temporally) right of use to the published content — for use within the platform and for its promotion.
This right of use includes, in particular, the right to reproduce, distribute, and make the content publicly available.
The reproduction or publication of other users’ content without their consent is prohibited.
All rights to the content of the platform are held by the Operator. The User is prohibited from reproducing, distributing, and/or publishing any content uploaded by the Operator, other users, or third parties.
X. Liability
LA OL’ MARKT is liable for intent and gross negligence as well as for injury to life, body, or health without limitation.
In cases of slight negligence, the Operator is liable only for breaches of essential contractual obligations whose fulfillment enables proper performance of the contract and upon which the User regularly relies (cardinal obligations). Liability for slight negligence is limited to foreseeable damages typical for the contract, but not exceeding the fees paid in the last 12 months and a maximum of €50,000 per year. This limitation of liability also applies to the Operator’s agents.
Liability for indirect damages, in particular lost profits, is excluded in cases of simple negligence.
LA OL’ MARKT does not guarantee uninterrupted website availability. Liability for force majeure that affects LA OL’ MARKT’s operations (e.g., power or internet outages) is excluded.
XI. Indemnification
The User shall indemnify the Operator and its employees or agents against all claims by third parties resulting from alleged or actual legal violations and/or violations of third-party rights arising from actions taken by the User in connection with the use of the platform.
Furthermore, the User undertakes to reimburse all costs incurred by the Operator as a result of such claims by third parties. Reimbursable costs also include the costs of appropriate legal defense.
XII. Personal Data
The User hereby consents to the storage of the personal data they have provided. This also applies to the storage of IP addresses transmitted during each use of the platform.
The User also consents to the display of their personal data within their profile on the platform for other users and for third parties who are not users of the platform.
The User consents to the use of their personal data for the personalization of advertisements displayed on the platform (no personal data is shared with advertisers).
Use of the platform necessarily involves the collection, processing, and use of personal data by the Operator. The Operator assures that all stored data will be handled with care and processed solely within the scope of the User’s data protection consents. Any further use of personal data by the Operator will only occur if legally permitted or if the User has given prior consent.
Direct advertising by email will only be carried out with separate consent or under the conditions of § 7 (3) of the German Unfair Competition Act (UWG). Consent can be revoked at any time.
XIII. Duration and Termination of the Contract
The contract is concluded for an indefinite period and may be terminated by either party at any time with four weeks’ notice to the end of a calendar month without giving reasons.
The right to extraordinary termination for good cause remains unaffected.
A good cause for LA OL’ MARKT exists in particular if the User repeatedly or seriously violates this agreement.
XIV. Right to Amend
LA OL’ MARKT may amend this agreement if there are objective reasons (e.g., changes in law, technical changes).
Users will be notified by email at least 4 weeks before the changes take effect.
If the User does not object to the changes within this period, they are deemed accepted. The notification will explicitly refer to the right to object.
XV. Final Provisions
The contractual language is German. The law of the Federal Republic of Germany applies, excluding the UN Convention on the International Sale of Goods (CISG).
If the User is a merchant, the exclusive place of jurisdiction is Berlin.
The User grants the Operator permission to name them as a reference customer in press releases or on the Operator’s website (including social media channels). This will only be done after verbal, written, or email permission from the User.
If individual provisions of this contract are wholly or partially invalid, the validity of the remaining provisions remains unaffected.
Date: ____________________________________________________________________
Signature:________________________________________________________________
Contract partner / Company: ________________________________________________
Represented by: __________________________________________________________
Date: ____________________________________________________________________
Signature: ________________________________________________________________
Master Data Sheet for the Online Platform “LA OL’ MARKT”
Company name*
Industry*
Delivery method*
Description*
Telephone number*
Email*
Domain (website address)
Facebook link
Instagram link
Street*
Postal code*
City*
*Required fields
Please send us:
- Logo (format: PNG or JPG)
- Images* (format: JPG)
by email to: info@la-ol.de