ABG for vendors, suppliers, producers and service providers

1. provider, platform and scope of application

1.1 Operator

The GASTORO platform is operated by:

clubare IT

Represented by: Rafael Krajcarz
E-Mail: office@clubare.com

Hereinafter referred to as “GASTORO” or “platform operator” for short.

1.2 Subject matter of these GTC

These General Terms and Conditions govern all legal relationships between GASTORO as the operator of the digital platform and those natural or legal persons as well as partnerships with legal capacity who use the platform in their capacity as entrepreneurs, traders, producers, suppliers, direct marketers, importers, wholesalers, other commercial providers or service providers for the business presentation, advertising, brokerage or sale of goods or services.

In particular, this includes all agreements, rights and obligations arising from registration on the platform, the use of the merchant account, the publication of offers, the use of technical platform functions, the processing of orders, the use of paid or free additional services and all other processes associated with the use of GASTORO.

These General Terms and Conditions therefore govern in particular the contractual relationship between GASTORO and the respective retailer or provider with regard to the provision and use of the digital marketplace infrastructure, visibility on the platform, technical sales support and the associated organizational and digital services.

However, the direct purchase contract for goods or services between the trader and the respective buyer is not subject to these GTC, unless expressly agreed otherwise in individual cases or expressly indicated otherwise on the platform. Such a contract is generally concluded directly between the offering trader and the respective customer and is governed by the applicable statutory provisions and, if applicable, additionally by the effectively incorporated contractual terms and conditions of the respective trader.

These General Terms and Conditions shall apply for the entire duration of use of the platform by the merchant, including all preparatory actions in the context of registration, the ongoing use of merchant access, the publication or processing of offers, the processing of brokered business transactions and any post-processing, support, billing or blocking measures.

1.3 Nature of the contract

GASTORO provides the retailer with an Internet-based, digital marketplace, presentation and mediation infrastructure that enables the retailer to make its products and services accessible to a broad target group in the B2B and – where intended – also in the B2C sector, to present them commercially, to actively advertise them, to offer them in a technically managed manner and to initiate contracts and business transactions with potential customers via the platform.

Accordingly, the service owed by GASTORO essentially consists of the provision of the technical, organizational and digital framework conditions for the use of a professional online marketplace. This includes in particular, but is not limited to

• the setup, activation and ongoing provision of a merchant account,
• the creation, maintenance and public presentation of a retailer profile,
• the technical possibility to publish, edit and manage product and service offers,
• the presentation of prices, descriptions, product images, categories, variants and additional information,
• the technical integration of special offers, promotions and discount models,
• the use and implementation of auction functions,
• the use and implementation of group or collective orders,
• the provision of communication and contact options between dealers and interested parties or buyers,
• technical support for order acceptance and order management,
• the integration and processing of digital payment processes,
• the provision of access to potential commercial and private buyers,
• and – depending on the package booked or the technical configuration – additional visibility, marketing, statistics, administration or support functions.

However, GASTORO does not owe the merchant any specific economic success. In particular, there is no claim to the actual conclusion of business transactions, a certain number of inquiries, orders, sales, contacts, reach or a certain placement within the platform presentation, unless expressly agreed otherwise in writing.

The legal nature of the contractual relationship between GASTORO and the retailer is therefore generally to be qualified as a mixed contractual relationship with service-, rental-, tool- and platform-related elements, the focus of which lies in the provision of a digital distribution and brokerage infrastructure for a fee or free of charge.

Unless expressly agreed otherwise in writing in individual cases, GASTORO acts exclusively as the operator of the platform and as a technical or organizational intermediary. In particular, GASTORO does not itself become a party to the purchase, supply or service contracts concluded between the trader and the buyer and does not act as a commission agent, commercial agent, broker in the classical sense, importer, exporter, warehouse keeper, forwarding agent, manufacturer, reseller or other sales intermediary with its own main contractual obligation with regard to the goods or services offered by the trader.

In particular, GASTORO assumes no obligation to manufacture, stock, store, quality check, product control, transport organization, delivery, return, warranty processing or legal examination of each individual product offered by the retailer, unless expressly agreed otherwise. Likewise, GASTORO assumes no responsibility for the content, factual, food law, labeling law, tax law or other legal admissibility of the offers posted by the retailer; the respective retailer remains solely responsible for this.

GASTORO therefore provides the digital infrastructure within which merchants act independently, manage their offers and independently establish and process their contractual relationships with buyers. Insofar as GASTORO provides additional functions such as payment processing, visibility enhancement, offer placement, group order logic or promotion modules, this is done exclusively as part of the platform service and – in the absence of an express agreement to the contrary – does not establish any further position of GASTORO as a seller or contractual partner of the end customer.

1.4 Validity of supplementary conditions

In addition to these General Terms and Conditions, additional conditions, guidelines or special contractual provisions may apply to individual services, functional areas, forms of offer, product categories or usage processes. This applies in particular, but not conclusively:

• special terms of use for individual merchant packages or subscriptions,
• supplementary price and commission regulations,
• Guidelines for product publications and content standards,
• special conditions for auctions,
• special conditions for group or collective orders,
• Regulations for payment processing and payment modalities,
• technical or organizational specifications for certain product groups,
• special legal requirements for food, alcoholic beverages or other regulated products,
• Data protection information,
• as well as any separate agreements between GASTORO and the retailer.

Such supplementary terms and conditions will – where necessary – be brought to the attention of the merchant as part of the registration process, in the merchant dashboard, in the course of booking certain additional services, in connection with individual function modules or in any other suitable manner and will, where legally permissible, become an integral part of the contractual relationship between GASTORO and the merchant.

In case of doubt, the following order of precedence shall apply in the relationship between these General Terms and Conditions and supplementary special provisions:
If special conditions have been effectively agreed for a specific functional area or a specific service, these shall take precedence over the general provisions of these General Terms and Conditions, but only to the extent that they specifically deviate from or supplement the facts in question. In all other respects, these General Terms and Conditions shall remain applicable without restriction.

General terms and conditions or other contractual conditions of the retailer do not apply to GASTORO, even if GASTORO does not expressly object to their validity in individual cases or provides services without reservation in the knowledge of such conditions. This principle can only be deviated from if GASTORO has expressly agreed to the inclusion of deviating terms and conditions in writing.

Insofar as legal regulations, official requirements, technical safety requirements, market-related framework conditions or changes to the business model make it necessary, GASTORO is entitled to introduce supplementary regulations, guidelines or usage specifications with effect for the future, insofar as this is reasonable for the retailer, taking into account the interests of both parties.

2. participation requirements for retailers

2.1 Entrepreneurial status and permissibility of use

The use of the platform as a trader requires that the respective user acts as an entrepreneur and is legally authorized to carry out the activity offered or advertised by him via the platform. Traders within the meaning of these General Terms and Conditions may in particular be natural or legal persons or partnerships with legal capacity who offer or wish to market goods or services via GASTORO as part of their commercial, independent professional, agricultural, manufacturing, processing, brokering or other entrepreneurial activity.

The registration and use of a merchant account for purely private, non-business purposes is not permitted unless the relevant function is expressly intended for other user groups. GASTORO is entitled to demand suitable proof from the merchant of his entrepreneurial status, power of representation, admissibility under commercial law or other requirements relevant for use.

2.2 Legal authority and personal responsibility

By registering and continuously using the platform, the trader declares that he is legally authorized to sell, advertise, send, broker or otherwise market the goods or services offered by him. This includes in particular the declaration that

• all necessary authorizations under trade law are available,
• there are no legal prohibitions or official bans to the contrary,
• all requirements under tax law, food law, labeling law, consumer protection law, youth protection law or other regulatory requirements are complied with,
• and, in the case of regulated products or services, the trader has all the necessary authorizations, approvals, notifications or registrations.

The responsibility for the legal admissibility of the specific business model, the product range, the product design, the labeling, the distribution channel, the shipping method and the supply of certain target markets lies exclusively with the retailer. GASTORO is not obliged to carry out a comprehensive legal examination of the business activity intended or carried out by the retailer.

2.3 Obligations to provide evidence and cooperate

GASTORO is entitled to request documents, confirmations or other evidence before activating the merchant account or at any time during the ongoing contractual relationship, insofar as this is necessary or objectively justified to verify the identity, the entrepreneurial status, the power of representation, the legality of the offer or compliance with regulatory requirements.

This may concern in particular

• Company register extracts,
• Business licenses,
• UID numbers,
• Tax data,
• Identification documents of authorized representatives,
• Proof of food approvals or registrations,
• Proof of authorization to sell alcoholic beverages,
• Bank statements,
• Trademark or manufacturer authorizations,
• Proof of shipping and logistics capability,
• or other documentation required for certain product groups.

The merchant is obliged to provide the requested evidence in full, up-to-date and within a reasonable period of time. If the merchant does not fulfill this obligation, or does not fulfill it completely or on time, GASTORO is entitled to refuse registration, to defer the activation of individual functions, to temporarily deactivate offers or to restrict or block the merchant account.

2.4 No entitlement to activation or unrestricted use

There is no entitlement to registration as a retailer, to activation of an account, to approval of certain product categories, to permanent listing of offers or to unrestricted use of all platform functions.

GASTORO is entitled to reject registration applications after factual examination or to make the use of certain functions, product groups, sales areas or modules dependent on additional requirements. This applies in particular if

• legal or regulatory risks exist,
• there are doubts about the identity or reliability of the trader,
• the product range offered does not fit the platform concept,
• security or misuse risks are to be feared,
• required evidence was not provided,
• or the activation does not appear appropriate for technical, organizational or business policy reasons.

Registration or activation once completed does not constitute a legal claim to future unchanged usage options, to the retention of certain functions, to a certain visibility or to the uninterrupted release of certain offer or product areas.

2.5 Special requirements for regulated products and sensitive product groups

If the retailer offers goods or services that are subject to special legal requirements, he is obliged to comply with all relevant national and EU legal requirements on his own responsibility. This applies in particular to foodstuffs, alcoholic beverages, perishable goods, products requiring refrigeration, health-related products, products requiring labeling, age-restricted goods or other sensitive product groups.

In such cases, GASTORO shall be entitled to carry out additional checks, to request supplementary documents, to approve individual forms of offer only to a limited extent or to exclude certain sales countries, shipping methods or product groups in whole or in part.

The merchant acknowledges that GASTORO is entitled, in the interests of legal certainty, consumer protection, platform integrity and the avoidance of regulatory risks, to set stricter requirements for individual categories than those that may arise directly from the law.

2.6 Ongoing compliance with the requirements

The conditions for participation must be met for the entire duration of the contractual relationship. The trader is obliged to inform GASTORO immediately if circumstances arise or become known which affect or could affect the permissibility of his activity, the regularity of his account, his power of representation, his commercial status or the legality of his offer.

This applies in particular to:

• Withdrawal or suspension of a business license,
• Changes to the legal form,
• Cessation of the power of representation,
• official complaints,
• the opening of insolvency proceedings or imminent insolvency,
• Prohibitions regarding certain products,
• Changes to relevant registration or authorization data.

If the merchant violates this information obligation, GASTORO is entitled to take appropriate measures, including the immediate blocking of the merchant account, insofar as this appears necessary, taking into account the interests of both parties.

3. registration and merchant account

3.1 Setting up a merchant account

The use of the GASTORO platform as a provider of goods or services generally requires the creation of a personal merchant account. Registration takes place via the registration forms provided on the platform or via other digital registration processes provided by GASTORO.

By completing the registration process, the applicant submits a binding offer to conclude a contract of use for the use of the platform as a merchant. The contract of use only comes into effect with the express activation of the merchant account by GASTORO or by a corresponding confirmation message.

GASTORO is entitled to reject registration applications without giving reasons or to request additional information and documents if this appears necessary for legal, organizational, security or business policy reasons.

3.2 Obligation to provide truthful data

The retailer undertakes to provide complete, correct and up-to-date information as requested during the registration process. This applies in particular to

• the full company name or company name,
• the legal form of the company,
• the summonable business address,
• Contact information such as telephone number and e-mail address,
• company register numbers or trade data, if applicable,
• the sales tax identification number (UID),
• Bank details for withdrawals,
• and all other information required for the use of the platform.

The merchant further undertakes to update changes to this data in the merchant account without delay or to inform GASTORO of such changes in writing.

3.3 Access data and account security

The merchant is obliged to treat the access data assigned to him, in particular user name and password, confidentially and to protect them from access by unauthorized third parties.

The merchant is generally liable for all activities carried out via his merchant account, provided that these activities are carried out using the correct access data and the merchant has not reported the misuse immediately after becoming aware of it.

The merchant is obliged to inform GASTORO immediately as soon as he becomes aware that his account has been used without authorization or there is a suspicion of such use.

3.4 Multiple accounts and unauthorized use

The creation of several merchant accounts by the same provider is only permitted with the express consent of GASTORO. In particular, it is prohibited,

• use multiple merchant accounts to circumvent fees or blocks,
• operate multiple accounts to manipulate ratings or rankings,
• transfer or sell merchant accounts to third parties.

GASTORO is entitled to block, merge or permanently deactivate corresponding accounts in the event of violations of these provisions.

3.5 Audit and control rights

GASTORO is entitled to check the details of a retailer on a random basis or on an ad hoc basis. This may occur in particular in the case of

• unusual transaction patterns,
• Complaints from buyers,
• Suspicion of legal violations,
• Anomalies in the dealer profile or offer.

The retailer undertakes to cooperate in such checks and to provide the requested information within a reasonable period of time.

4. services provided by GASTORO

4.1 Provision of the platform infrastructure

GASTORO provides merchants with a digital infrastructure through which they can present, manage, advertise and offer their goods or services for sale. This infrastructure includes in particular the technical platform, the user interface, database structures, communication interfaces, payment integrations and administrative functions for managing offers and orders.

The platform operator thus enables a digital interface between retailers and potential buyers in the B2B and – where intended – the B2C sector.

4.2 Dealer profile and presentation options

After successful registration, the retailer is given the opportunity to create and manage a publicly visible retailer profile. This profile is used to present the company and the goods or services offered.

The retailer profile may contain the following content in particular:

• Company description,
• Logos or trademarks,
• Contact details,
• Product categories,
• Product lists,
• Price details,
• Terms of delivery,
• Certifications or quality features.

The retailer is solely responsible for the content of his profile.

4.3 Publishing and managing products

The platform enables retailers to publish and manage products or services in a structured form. This includes in particular

• Product designations,
• Product descriptions,
• Images or media,
• Price details,
• Variants or quantity scales,
• Delivery times,
• Shipping options,
• Minimum order quantities,
• and other product-specific information.

GASTORO provides the necessary technical tools for this.

4.4 Marketing and sales functions

Depending on the design of the platform and the service package selected by the retailer, GASTORO can provide additional functions for sales promotion, in particular:

• Promotional offers or discount functions,
• Special offers,
• Product placements,
• Auction functions,
• Group ordering functions,
• marketing tools or analysis functions.

The specific availability of such functions may depend on the respective dealer package.

4.5 Order and payment processing

GASTORO provides technical systems that can be used to record, manage and, if necessary, pay for customer orders.

The platform may contain the following functions in particular:

• electronic order processing,
• Order overviews and administration functions,
• Payment integration,
• Automated invoicing processes,
• and functions for tracking orders.

However, the responsibility for the proper delivery and fulfillment of the contract remains with the respective dealer.

4.6 Access to potential buyers

By using the platform, the retailer gains access to a digital market environment in which commercial and – where intended – private buyers can search for products or services, compare offers and place orders.

GASTORO provides a platform through which retailers can present their offers to a potentially large user group.

However, there is no entitlement to a certain number of inquiries, orders or sales.

4.7 Technical availability

GASTORO endeavors to ensure the highest possible technical availability of the platform. Nevertheless, continuous and uninterrupted availability cannot be guaranteed for technical reasons.

In particular, temporary restrictions may arise due to

• Maintenance work,
• Security updates,
• System adaptations,
• technical faults,
• external network failures,
• or force majeure.

The retailer has no claim to permanent or uninterrupted availability of the platform.

4.8 Further development of the platform

GASTORO is entitled to continuously develop the platform, change functions, introduce new functions or remove or adapt existing functions, provided that this is reasonable for the merchant, taking into account the interests of both parties.

This can be done in particular in order to:

• implement technical improvements,
• to meet safety requirements,
• implement legal changes,
• integrate new business models,
• or to further develop the platform commercially.

5. conclusion of contract between dealer and buyer

5.1 Publication of offers

By publishing products or services on the platform, the trader makes a binding declaration that he is authorized to offer and sell the goods or services in question under the stated conditions.

The retailer undertakes to present all offer information in a complete, truthful, comprehensible and up-to-date manner. This applies in particular to information on:

• Product name
• Price
• Product description
• Quantities
• Delivery times
• Shipping costs
• Delivery areas
• and all legally required product information.

The trader bears sole responsibility for the accuracy, completeness and legality of his offers.

5.2 Invitation to tender

The presentation of goods or services on the platform does not constitute a binding offer in the legal sense, but rather an invitation to potential buyers to submit a binding offer to conclude a purchase contract.

5.3 Order by the buyer

By completing the order process, the buyer submits a binding offer to conclude a purchase contract with the respective retailer via the platform’s technical systems.

The order is transmitted via the platform and displayed to the retailer in the retailer account for processing.

5.4 Acceptance of the order

The purchase contract between the retailer and the buyer is concluded as soon as the retailer accepts the buyer’s offer. This can be done in particular by

• an express order confirmation,
• a shipping confirmation,
• or the actual delivery of the goods.

If retailers have activated automated order acceptance, the contract can also be concluded automatically by the system.

5.5 Rejection of orders

The retailer is entitled to refuse orders for objectively justified reasons. This may be the case in particular with:

• lack of availability of goods
• obvious price errors
• unauthorized delivery addresses
• Legal shipping restrictions
• Suspicion of abusive orders
• or other legal or organizational obstacles.

The buyer will be informed immediately of any rejection.

5.6 Role of GASTORO in the conclusion of the contract

GASTORO exclusively provides the technical infrastructure for the presentation of offers, the transmission of orders and the organizational support of contract processing.

The platform operator does not become a contractual partner of the purchase contracts concluded between the dealer and the buyer, unless this is expressly stated in the respective offer.

The responsibility for the proper fulfillment of the purchase contract lies exclusively with the respective dealer.

6 Prices, commissions and subscriptions

6.1 Pricing by retailers

The pricing of the products or services offered is determined exclusively by the respective retailer.

The retailer undertakes to state its prices transparently and in accordance with the applicable statutory provisions. In particular, price information must comply with the requirements of competition law, consumer law and tax regulations.

6.2 Tax information

The retailer is responsible for presenting all tax information correctly. This applies in particular to

• Net or gross prices
• VAT rates
• Sales tax identification number
• tax-free intra-Community supplies, if applicable.

6.3 Shipping costs and additional costs

Shipping costs, packaging costs and other additional costs must be shown transparently by the retailer and be clearly recognizable to the buyer before the order process is completed.

The retailer is obliged to ensure that no hidden or misleading costs are incurred.

6.4 Dealer packages and subscription models

Depending on the scope of functions, the platform can be used as part of various service packages. These can include the following models in particular:

• Basic package (free use with limited functions)
• Professional or Premium package
• Business package
• or other models introduced in the future.

The applicable service contents, prices, terms and conditions are set out in the offer information published on the platform.

6.5 Sales commission

GASTORO is entitled to retain a sales commission for sales brokered or processed via the platform.

The amount of commission depends on the selected merchant package or the current platform conditions.

6.6 Retention of commission

The sales commission can be deducted directly from the incoming payment amount during payment processing before the remaining amount is paid out to the merchant.

The retailer expressly agrees to this procedure.

6.7 Changes to the fee structure

GASTORO is entitled to adjust the fee structure, commission rates or service packages with effect for the future. Changes will be communicated to the merchant in good time in a suitable form.

7. payment processing and payout system

7.1 Use of external payment service providers

GASTORO uses external payment service providers, in particular PayPal and Stripe, for the secure and legally compliant processing of payments.

These payment service providers are responsible for the technical, organizational and legal handling of payment processes as well as compliance with the applicable statutory security and compliance requirements.

7.2 Payment methods

By integrating these payment service providers, various common payment methods can be made available to buyers on the platform, in particular:

• Credit cards
• Debit cards
• PayPal
• Instant bank transfer
• SEPA direct debit
• as well as other payment methods supported by the respective payment service providers.

The payment methods available may vary depending on the country, merchant, payment provider or technical conditions.

7.3 Responsibility of the payment service providers

Payment processing is carried out in accordance with the respective terms of use and data protection provisions of the payment service providers used.

These service providers are independent payment institutions or payment service providers and are subject to the relevant statutory provisions, in particular in the areas of payment transactions, money laundering prevention, fraud prevention and data security.

7.4 Cash flow

The payment amount is first processed by the respective payment service provider as part of order processing.

Within the framework of the platform logic, GASTORO can use a fiduciary-like payment structure in which payments are first processed technically and only released for payment after a successful transaction, confirmed delivery or after the expiry of a reasonable verification period.

7.5 Payment to merchants

The dealer is entitled to payment of the sales proceeds less agreed commissions and fees.

Payments are made in accordance with the technical processes of the respective payment service provider and the platform.

7.6 Safety measures

To ensure secure transaction processing, payment service providers and GASTORO may implement suitable security and verification measures. This may concern in particular

• Fraud prevention
• Identity checks
• Transaction checks
• Risk assessments.

In such cases, payments may be temporarily withheld until clarification has been obtained.

7.7 Chargebacks and refunds

In the event of chargebacks, payment disputes or justified refunds, GASTORO is entitled to withhold corresponding amounts from the merchant or to reclaim amounts already paid out.

7.8 Transaction overview

Merchants receive an overview of all transactions, sales, fees, commissions and payouts via their merchant account.

This data serves the transparency and traceability of the transactions processed via the platform.

8. obligations of dealers

8.1 General responsibility of the dealer

The retailer undertakes to offer, sell and deliver all goods and services offered via the platform on its own responsibility and in compliance with all applicable statutory provisions.

This applies in particular to provisions of the:

• Commercial law
• Tax law
• Food law
• Product safety law
• Consumer law
• Competition law
• and all other relevant national and European regulations.

The trader is solely responsible for the legality of his business activities, his offers and the transactions he conducts via the platform.

8.2 Correctness of the offer information

The retailer undertakes to present all product information in a complete, truthful, up-to-date and non-misleading manner.

This applies in particular to information on:

• Product description
• Ingredients
• Origin
• Weight or quantity
• Scope of delivery
• Durability
• Price
• Delivery times
• Shipping conditions.

Misleading or incomplete information is not permitted.

8.3 Compliance with statutory labeling requirements

The retailer undertakes to properly display all legally required markings.

This applies in particular:

• Food labels
• Allergen information
• Nutritional information
• Lists of ingredients
• Alcohol content
• Origin details
• Best before dates
• Manufacturer information.

8.4 Delivery obligation

The retailer undertakes to deliver ordered goods properly, on time and in accordance with the agreed conditions.

He bears sole responsibility for:

• Packaging
• Shipping
• Transport organization
• Delivery
• Complaint processing
• as well as any reversals.

8.5 Compliance with the platform rules

The merchant undertakes to comply with the technical and organizational requirements of the platform.

In particular, the following are not permitted:

• Manipulation of ratings
• misuse of the platform
• Circumvention of the platform to avoid commission
• Posting of illegal content.

GASTORO is entitled to take appropriate measures in the event of violations, in particular

• Warnings
• Temporary restrictions
• Blocking of offers
• or account blocking.

9. food law and product safety

9.1 Compliance with food law regulations

If retailers offer food or food-related products via the platform, they undertake to comply with all relevant national and European food regulations.

These include in particular the regulations of the:

• EU Food Information Regulation (LMIV – Regulation (EU) No. 1169/2011)
• EU Basic Regulation for Foodstuffs (Regulation (EC) No. 178/2002)
• Hygiene regulations (Regulation (EC) No. 852/2004)
• and other provisions of food law.

9.2 Product safety

The retailer undertakes to ensure that all products offered are safe, legally compliant and suitable for the intended use.

In particular, the retailer guarantees that:

• no products that are hazardous to health are sold
• all hygiene regulations are observed
• Traceability is guaranteed
• all legal safety requirements are met.

9.3 Recall obligations

If products have safety-relevant defects or violate legal requirements, the retailer undertakes to take appropriate measures immediately.

This may include in particular

• Recall campaigns
• Information for buyers
• Reimbursement
• Exchange of products.

The retailer is obliged to inform GASTORO immediately of such events.

9.4 Responsibility for product information

GASTORO accepts no responsibility for the accuracy of the product information provided by the retailer.

The responsibility for all food law information lies exclusively with the retailer.

10. sale and shipment of alcoholic beverages

10.1 Compliance with alcohol regulations

Retailers who offer alcoholic beverages via the platform undertake to comply with all relevant national and European regulations on the production, sale, dispatch and distribution of alcoholic products.

This applies in particular to regulations on:

• Alcohol tax
• Mail order with alcohol
• Protection of minors
• Labeling requirements.

10.2 Protection of minors

The retailer undertakes to ensure that alcoholic beverages are only sold to persons who have reached the legally prescribed minimum age.

Suitable age verification measures may be required for this purpose.

10.3 Shipping restrictions

The retailer undertakes to observe any national shipping restrictions for alcoholic beverages.

In particular, additional legal requirements may apply in certain countries.

The retailer is responsible for ensuring that the shipment is legal.

10.4 Tax obligations

The retailer is responsible for the proper payment of any alcohol taxes, excise duties or other levies.

GASTORO assumes no responsibility for tax obligations of the merchant.

11 Liability of the platform

11.1 Role of the platform

GASTORO operates a digital marketplace platform that offers traders and buyers the opportunity to enter into business contact with each other and conclude sales contracts.

GASTORO acts exclusively as a technical platform operator and intermediary.

11.2 No responsibility for dealer offers

GASTORO assumes no responsibility for:

• the quality of the products offered
• the legality of the offers
• the dealers’ ability to deliver
• contract processing between the retailer and the buyer.

This responsibility lies exclusively with the respective dealer.

11.3 Limitation of liability

GASTORO is only liable for damages caused by intentional or grossly negligent behavior.

Liability for slight negligence is excluded to the extent permitted by law.

This applies in particular to:

• Indirect damage
• Consequential damage
• lost profit
• Data loss
• or business interruptions.

11.4 Liability for platform operation

GASTORO does not guarantee that the platform will be available at all times.

Temporary restrictions may occur in particular due to

• Maintenance work
• Technical faults
• Security measures
• external influences.

11.5 Product liability

Mandatory statutory provisions, in particular under the Product Liability Act, remain unaffected.

12. data protection and data processing

12.1 Compliance with data protection regulations

The protection of personal data is a top priority for GASTORO. All data processing is carried out in accordance with the applicable data protection regulations, in particular

• the EU General Data Protection Regulation (GDPR)
• the Austrian Data Protection Act (DSG)
• and all other relevant data protection regulations.

Personal data is processed exclusively within the framework of the statutory provisions and only insofar as this is necessary for the implementation and processing of the services offered via the platform.

12.2 Purpose of data processing

The personal data collected in the course of using the platform is processed for the following purposes in particular:

• Registration and administration of user accounts
• Execution and processing of orders
• Communication between retailers and buyers
• Payment processing via integrated payment service providers
• Fraud prevention and security
• Customer service and support
• Accounting and tax documentation.

12.3 Forwarding of data

Personal data will only be passed on if this is necessary to process the contract.

This applies in particular to the transfer to:

• Dealers for processing orders
• Payment service providers (e.g. PayPal, Stripe) for payment processing
• Shipping service provider for the delivery of goods
• IT service provider for technical platform provision
• Authorities or public bodies, insofar as a legal obligation exists.

Any further disclosure will not take place without the express consent of the data subject.

12.4 Data security

GASTORO uses appropriate technical and organizational security measures to protect personal data from loss, misuse or unauthorized access.

These include in particular

• Encrypted data transmission (SSL/TLS)
• Secure server infrastructure
• Access restrictions
• regular safety checks.

12.5 Rights of the data subjects

Data subjects have the following rights in particular within the framework of the statutory provisions:

• Right to information
• Right to rectification
• Right to erasure
• Right to restriction of processing
• Right to data portability
• Right to object to data processing.

Further information on data processing can be found in GASTORO’s separate privacy policy.

13 Contract duration, termination and account blocking

13.1 Commencement of the contractual relationship

The contractual relationship between GASTORO and the user begins with the successful registration on the platform and the confirmation of the General Terms and Conditions.

13.2 Duration of subscriptions

Insofar as merchants use fee-based subscriptions or service packages, the respective terms specified in the context of the booking shall apply.

Unless otherwise agreed, a paid subscription is automatically renewed for the agreed term unless it is terminated in good time before expiry.

13.3 Ordinary termination

Users can cancel their user account at any time, provided there are no outstanding obligations.

Cancellation can be made via the user account or in writing.

Fees already paid will not be refunded unless otherwise stipulated by law.

13.4 Extraordinary termination

GASTORO is entitled to terminate the contractual relationship for good cause with immediate effect.

An important reason exists in particular if:

• legal regulations are violated
• false information was provided
• misuse of the platform takes place
• there are repeated complaints about the retailer
• products are offered that violate legal regulations
• payment or fee obligations are not fulfilled.

13.5 Account blocking

GASTORO is entitled to block user accounts temporarily or permanently if there are indications of misuse or legal violations.

The blocking can take place in particular to:

• Investigation of fraud cases
• Ensuring the integrity of the platform
• Compliance with legal obligations.

13.6 Data retention

After termination of the contractual relationship, certain data may continue to be stored due to statutory retention obligations.

14. final provisions

14.1 Applicable law

All legal relationships between GASTORO and the users of the platform shall be governed exclusively by the laws of the Republic of Austria, excluding the conflict of laws rules.

The application of the UN Convention on Contra cts for the International Sale of Goods (CISG) is expressly excluded.

14.2 Place of jurisdiction

To the extent permitted by law, the competent court in Vienna, Austria, shall have exclusive jurisdiction for all disputes arising from or in connection with these General Terms and Conditions.

14.3 Changes to the GTC

GASTORO is entitled to adapt or amend these General Terms and Conditions at any time with effect for the future, insofar as this is necessary for objective reasons.

This can occur in particular due to

• Changes to legal regulations
• technical developments of the platform
• Expansion of the services offered.

Users will be notified of any changes in an appropriate manner.

14.4 Severability clause

Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.

The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the original provision.

14.5 Written form

Amendments, supplements or ancillary agreements to these General Terms and Conditions must be made in writing to be effective, unless a stricter form is required by law.

15. platform transparency and obligations under the EU Digital Services Act (DSA)

15.1 Platform status

GASTORO operates a digital online marketplace platform within the meaning of Regulation (EU) 2022/2065 on a single market for digital services (Digital Services Act – DSA).

The platform enables retailers to present and advertise their goods or services and conclude contracts with buyers via digital interfaces.

15.2 Dealer identification

In order to comply with the legal requirements, GASTORO undertakes to take appropriate measures to identify the traders operating on the platform.

Traders are obliged to provide complete and correct information when registering, in particular on:

• Company name
• Type of company
• Business address
• Contact details
• Sales tax identification number (UID / VAT-ID)
• Commercial register data, if applicable.

GASTORO reserves the right to request appropriate evidence to verify this information.

15.3 Reporting illegal content

Users of the platform have the opportunity to report content or offers that violate applicable law or the platform guidelines.

Such notifications may concern in particular

• unlawful products
• Dangerous products
• Violations of consumer rights
• misleading product information
• Violations of food or product safety regulations.

GASTORO examines incoming reports within the scope of its legal obligations and can take appropriate measures.

15.4 Measures in the event of legal violations

If GASTORO establishes that a trader is in breach of applicable law or these GTC, the platform operator may take the following measures in particular:

• Removal of individual offers
• Restriction of visibility
• Temporary blocking of functions
• Account blocking
• Contract termination.

15.5 Transparency obligations

GASTORO undertakes to present its platform rules and key decision-making processes in a transparent manner.

This applies in particular:

• Ranking and search mechanisms
• Advertising placements
• Platform guidelines
• Measures against misuse.

16. consumer information and right of withdrawal (B2C sales)

16.1 Applicability

Insofar as retailers sell goods or services to consumers within the meaning of consumer law via the platform, the statutory provisions on distance selling contracts also apply.

This applies in particular to consumers residing within the European Union.

16.2 Right of withdrawal

Consumers generally have the right to withdraw from a distance contract concluded via the platform within 14 days without giving reasons.

The withdrawal period begins in principle:

• for deliveries of goods, upon receipt of the goods
• for services upon conclusion of the contract.

16.3 Exceptions to the right of withdrawal

The right of withdrawal may be excluded in accordance with the statutory provisions, in particular in the case of:

• quickly perishable foodstuffs
• customized products
• sealed goods whose seal has been removed
• alcoholic beverages with special price agreements
• Goods that cannot be returned for hygienic reasons.

The retailer is obliged to clearly inform the consumer of any exceptions to the right of withdrawal.

16.4 Reversal

In the event of an effective revocation, the services received must be returned.

The retailer is obliged to refund the purchase price to the consumer within the statutory period.

16.5 Role of the platform

GASTORO is not a party to the sales contract between the retailer and the consumer.

Responsibility for compliance with consumer law therefore lies with the respective retailer.

17. information on allergens, ingredients and product information

17.1 Responsibility for product information

The responsibility for all information on products, in particular foodstuffs, lies exclusively with the respective retailer.

This applies in particular to information on:

• Ingredients
• Allergens
• Additives
• Origin
• Nutritional information
• Durability
• Storage.

17.2 Allergens

Retailers are obliged to provide all allergen information required by the EU Food Information Regulation correctly and completely.

This applies in particular to the labeling of substances that can trigger allergies or intolerances.

17.3 Disclaimer for platform

GASTORO assumes no responsibility for the accuracy, completeness or timeliness of the product information provided by dealers.

In particular, GASTORO assumes no liability for:

• Incomplete allergen information
• Incorrect ingredient information
• inaccurate product descriptions.

The responsibility for this lies exclusively with the respective dealer.

17.4 Personal responsibility of the buyer

Buyers are advised to contact the respective retailer directly if they are unsure about ingredients or allergens.