Conditions d’utilisation

**Terms and Conditions for Sellers

European EnerPlus Online Marketplace**

1. Scope of Application

1.1 These Terms and Conditions (“Terms”) govern the contractual relationship between European EnerPlus GmbH (“Operator”) and business entities registered as sellers (“Seller” or “Sellers”) on the online marketplace available at www.europeanenerplus.com (“Marketplace”).

1.2 The Marketplace is intended exclusively for business customers. Registration and use as a Seller are permitted only for entrepreneurs within the meaning of applicable commercial laws.

1.3 Conflicting or deviating terms of the Seller shall not apply unless expressly agreed in writing by the Operator.

2. Nature of the Marketplace / Role of the Operator

2.1 The Operator provides a technical online platform that enables Sellers to present and offer products and services to potential buyers.

2.2 The Operator acts solely as a neutral technical service provider. The Operator is neither the seller, reseller, distributor, nor contractual party to any transaction between Sellers and buyers.

2.3 Any purchase agreements concluded via the Marketplace are entered into exclusively between the Seller and the buyer.

2.4 The Operator does not assume any responsibility for the quality, safety, legality, delivery, performance, or compliance of the products offered by Sellers.

2.5 The Operator is not responsible for the fulfillment of contractual obligations arising from transactions conducted through the Marketplace.

3. Registration and Seller Account

3.1 The use of the Marketplace as a Seller requires prior registration and approval by the Operator.

3.2 The Operator reserves the right to reject registration requests at its sole discretion without stating reasons.

3.3 Upon activation of the Seller account, a contractual relationship between the Operator and the Seller is established.

3.4 Sellers are obligated to provide accurate, complete, and up-to-date registration information.

3.5 Sellers are responsible for maintaining the confidentiality of their account credentials.

4. Seller Obligations and Responsibilities

4.1 Sellers operate independently and in their own name. Sellers bear full responsibility for their business activities conducted via the Marketplace.

4.2 Sellers are solely responsible for:

  • Compliance with all applicable laws and regulations

  • Product safety and regulatory conformity

  • Accuracy of product descriptions and specifications

  • Pricing, taxation, and invoicing

  • Delivery, logistics, and fulfillment

  • Warranty, after-sales obligations, and liabilities

4.3 Sellers must ensure that their products comply with all applicable regulatory frameworks, including but not limited to:

  • Product safety laws

  • CE marking requirements

  • Export control regulations

  • Dangerous goods regulations

  • Environmental and industry standards

4.4 Sellers warrant that all listings, content, images, trademarks, and materials do not infringe third-party rights.

4.5 Sellers shall indemnify and hold harmless the Operator from any claims, damages, liabilities, or expenses arising from:

  • Seller products or services

  • Regulatory violations

  • Incorrect listings

  • Intellectual property infringements

  • Contractual disputes with buyers

4.6 The indemnification includes reasonable legal defense costs.

5. Listings and Content

5.1 Sellers are fully responsible for the content they upload or publish.

5.2 The Operator is not obligated to verify or monitor Seller content.

5.3 The Operator reserves the right to remove, modify, or block listings at its sole discretion, particularly where legal risks or policy violations are suspected.

6. Payments and Financial Transactions

6.1 Payments from buyers may be collected by the Operator acting solely as a collection agent on behalf of the Seller.

6.2 The Operator does not assume the risk of buyer default or payment failure.

6.3 Sellers must provide accurate payment information for disbursements.

6.4 The Operator reserves the right to withhold payments where disputes, chargebacks, or legal concerns exist.

7. Fees and Compensation

7.1 Sellers shall pay fees as specified in the applicable pricing structure.

7.2 Fees may include subscription fees, commissions, or transaction-based charges.

7.3 Fees are payable regardless of actual sales performance.

7.4 Invoices are payable within the stated payment terms.

8. Intellectual Property Rights

8.1 Sellers retain ownership of their intellectual property.

8.2 Sellers grant the Operator a non-exclusive, worldwide, royalty-free license to use Seller content for Marketplace operations and marketing.

8.3 Sellers warrant that they possess all necessary rights.

9. Availability of the Marketplace

9.1 The Operator does not guarantee uninterrupted or error-free availability.

9.2 Temporary downtime, maintenance, or technical failures may occur.

9.3 No liability arises from platform interruptions.

10. Limitation of Liability of the Operator

10.1 The Operator shall be liable without limitation only in cases of willful misconduct or gross negligence.

10.2 In cases of slight negligence, liability is limited to breaches of essential contractual obligations and to foreseeable damages.

10.3 The Operator shall not be liable for:

  • Seller products or services

  • Business losses or lost profits

  • Data loss or corruption

  • Indirect or consequential damages

  • Buyer conduct or payment defaults

11. Suspension and Termination

11.1 The Operator may suspend or terminate Seller accounts at its discretion, particularly in cases of:

  • Legal risks

  • Policy violations

  • Fraud or misconduct

  • Regulatory concerns

11.2 Sellers may terminate the agreement subject to applicable notice periods.

12. Amendments to the Terms

12.1 The Operator reserves the right to modify these Terms.

12.2 Sellers will be notified of material changes.

12.3 Continued use constitutes acceptance.

13. Governing Law and Jurisdiction

13.1 These Terms are governed by the laws of the Federal Republic of Germany.

13.2 The place of jurisdiction shall be the registered office of the Operator where legally permissible.

14. Severability Clause

If any provision is held invalid, the remaining provisions remain unaffected.

15. Contact Information

European EnerPlus GmbH
Vorbruch 6
29227 Celle – Germany

Email: sales@europeanenerplus.com

Commercial Register: HRB 206568
VAT ID: DE309355039