§ 1 Subject and Use of the Marketplace

1. On the online marketplace SuperBuy.store, natural persons, legal entities, and partnerships ("Users") may publish offers ("Offer(s)") to sell or purchase items – meaning goods and services of any kind – (in this role "Seller" or "Buyer") as well as upload other content. Publications or transactions may not violate applicable law, these GTC, or additional guidelines issued by SuperBuy.store. Ecolution GmbH acts solely as an intermediary, does not offer any items itself, and does not become a contractual party to agreements concluded via SuperBuy.store – including in the context of payment processing pursuant to § 4.

2. To increase the visibility of content published on SuperBuy.store, Ecolution GmbH – or a third party commissioned by it – may promote users’ offers and content on its own or external platforms (e.g., comparison portals, websites, or apps). For this purpose, the content is distributed in a technically suitable manner.

3. Ecolution GmbH is entitled to technically modify user-generated content so that it can be correctly displayed on mobile devices or in third-party apps. Content and offers may be accessed worldwide on SuperBuy.store and automatically translated into various languages. SuperBuy.store does not operate national versions, but a central multilingual platform. Sellers may prevent international sales by not specifying shipping costs for certain countries or by not responding to such requests. In such cases, no contract is formed. For concluded contracts, the legal provisions of the country of delivery apply, particularly regarding withdrawal rights, consumer protection, taxes, and warranty. Automated translations may contain errors and do not constitute a legally binding basis for contracts.

4. Regardless of the language used, these General Terms and Conditions apply to all users. In addition to these GTC, the national law of the respective contracting parties applies to concluded contracts and related legal claims. For consumers residing in the European Union, the mandatory consumer protection laws of their country of residence also apply if they provide greater protection than German law.

5. The German-language version of these GTC is authoritative for the content and interpretation of the contract. Automatically generated translations of content on SuperBuy.store are provided for convenience only and have no legally binding effect.

6. Despite various protective mechanisms, it cannot be ruled out that users may provide incorrect or outdated contact information.

7. Content posted by users does not reflect the opinion of SuperBuy.store or Ecolution GmbH and is generally not reviewed for legality, accuracy, or completeness. Ecolution GmbH assumes no substantive responsibility for user-posted content. Publication does not constitute approval or verification of such content.

8. Ecolution GmbH may make access to certain features or their scope subject to specific conditions – such as verification of registration data, duration of use, account type (private/commercial), payment behavior, user rating profile, or the submission of certain documents (e.g., proof of ownership, identity, or payment). Ecolution GmbH reserves the right to make certain activities on SuperBuy.store – such as creating sales offers or requests – subject to additional requirements. These may include prior identity verification, confirmation of contact details, or proof of authorization to sell specific items. SuperBuy.store may exclude certain user groups from specific features if necessary for security reasons or to comply with legal requirements.

9. SuperBuy.store reserves the right to temporarily or permanently restrict or discontinue individual services or functionalities if justified reasons exist and the legitimate interests of users are duly considered. There is no entitlement to the use of specific features or services.

10. SuperBuy.store is entitled to further develop the platform at any time, modify features, or introduce new functionalities, provided such changes serve the purpose of the marketplace. Users will be informed in a timely manner about significant changes.

11. The right to use SuperBuy.store exists only within the framework of the current state of technology. Restrictions in availability – e.g., due to maintenance work, security measures, or limited system capacities – may be necessary for technical or operational reasons. Events beyond SuperBuy.store’s control – such as network failures, power outages, or force majeure – may also lead to temporary unavailability. In such cases, the legitimate interests of users – especially by providing prior information when possible – will be taken into account. There is no entitlement to continuous and uninterrupted access. § 14 (Liability) remains unaffected.

12. In the event of unforeseen system failures, SuperBuy.store will inform affected users in an appropriate manner. If this leads to a significant delay in contract conclusion or purchase processing and the buyer validly withdraws from the purchase, the already retained sales commission will be fully refunded to the seller. The burden of proof for the buyer’s justified withdrawal lies with the seller.

13. In case of functional disruptions or other defects of the platform, consumers may assert statutory warranty claims against Ecolution GmbH. For any additional claims for damages, the limitations of liability in § 14 of these GTC apply.

14. Buyers may use additional services on SuperBuy.store, such as inspection, installation, or insurance packages, provided they are offered by SuperBuy.store or its partners. In such cases, sellers must observe any applicable advisory and information obligations toward buyers. Responsibility for proper service provision lies with the respective provider of the additional service.

15. In addition to these GTC, the binding behavior and usage guidelines of SuperBuy.store published on the platform apply. These guidelines are an integral part of these GTC.

§ 2 Registration and User Account

1. To use SuperBuy.store as a seller, prior registration is required. This takes place by creating a user account with acceptance of these General Terms and Conditions and acknowledgment of the SuperBuy.store Privacy Policy. Upon completion of registration, a usage agreement is concluded with Ecolution GmbH. There is no entitlement to the conclusion of such an agreement; Ecolution GmbH reserves the right to reject registrations, in particular for legal, technical, or commercial reasons.
2. Only legal entities, partnerships, and natural persons with full legal capacity are eligible to register with SuperBuy.store. Registration and use of the platform by minors is prohibited. Providing false identity information or misuse may have legal consequences.
3. The registration of legal entities or partnerships may only be carried out by a natural person authorized to represent them. This person’s name must be provided during registration. In the case of natural persons, the user account must be registered to a single individual; shared use – for example, by spouses or families – is not permitted.
4. All required information must be provided fully and truthfully during registration. A P.O. box address may not be used. Users who use SuperBuy.store as part of a commercial or self-employed professional activity (“commercial users” or “commercial sellers”) must create a corresponding business account and provide the legally required information during registration. If a private account is later converted into a business account, the provisions of these GTC for commercial users shall apply from the time of conversion. Upon conversion, sellers are obliged to include all necessary provider identification information in their user profile in accordance with § 5 TMG.
5. Commercial sellers are obliged, upon request by our payment service provider, to fully and accurately submit the information and documentation required for legal identification and verification. This includes at least the following:
   • Full name, address, telephone number, and email address,
   • A copy of a valid identity document or electronic identification as defined in Article 3 of Regulation (EU) No. 910/2014 (eIDAS),
   • Details of a bank account in the seller’s name,
   • If registered with a commercial, trade, or professional register: name and location of the register and the registration number or a comparable identifier,
   • A written declaration that only legally compliant products or services will be offered on SuperBuy.store.
   The use of sales functions on SuperBuy.store is only permitted after successful verification of this information by the payment service provider. Ecolution GmbH reserves the right to restrict access until all identification obligations have been fulfilled. The aforementioned documentation may also be requested by other users, insofar as legally permitted.
6. If any user-provided data changes after registration, the user is obligated to promptly update the information in their user account.
7. If there is reason to believe that the information or documents provided by the user are incorrect, incomplete, or no longer current, Ecolution GmbH is entitled to request immediate correction or completion. If the user does not comply within the set deadline, platform use may be partially or fully suspended and the user account temporarily blocked until the matter is resolved (see § 6).
   In such a case, commercial sellers have the right to file a complaint through the internal complaint management system pursuant to § 7 and to contact an approved out-of-court dispute resolution body pursuant to § 8.
8. Users are required to keep their login credentials – particularly their password – confidential and to take appropriate measures to prevent unauthorized access to their user account. Any signs of misuse by third parties must be reported to Ecolution GmbH without delay.
9. The user is responsible for all activities conducted using their account unless misuse was reported to SuperBuy.store without undue delay.
10. User accounts on SuperBuy.store are personal and may not be used by third parties – not even temporarily.
11. Ecolution GmbH reserves the right to delete user accounts if registration has not been completed within 30 days or the account has been inactive for more than twelve months. Before such deletion, the user will be informed in due time (at least 7 days in advance). If the account is used again during this period, deletion will not take place.
12. As part of using SuperBuy.store, Ecolution GmbH has access to various user information, including personal data. This includes, in particular, information provided by users during registration or while using the platform (e.g., contact information, item descriptions, or communication records) as well as information generated through transactions or platform usage (e.g., reviews, sales statistics, or analytics metrics).
13. Users can access information necessary for conducting and processing their transactions via their user account and, upon request, through supplementary sales tools – especially the contact details of the respective contractual party. Additionally, aggregated performance and usage data is provided (e.g., number of views for a listing, sales rates, or return rates), some of which are shown in relation to other offers on SuperBuy.store.
    Personal data is only shared with third parties if required for the provision of SuperBuy.store services (e.g., for payment processing, shipping, or marketing services as per § 1 para. 2), if there is a legal obligation, or if the user has given explicit consent.
    After termination of the user relationship, personal data in the affected user account will be deleted, unless legal retention obligations apply or Ecolution GmbH has a legitimate interest in further storage. Regardless of this, aggregated or anonymized data generated through use (e.g., statistical sales analyses) may be retained and analyzed beyond the end of the contract.
    Further information on the processing of personal data, data sharing with third parties, and data subject rights can be found in the SuperBuy.store Privacy Policy.
14. In addition to these provisions, the conduct guidelines and data protection regulations of SuperBuy.store apply, which are accessible on the platform at all times. Violations of the above-mentioned obligations may result in usage restrictions up to and including deletion of the user account.

§ 3 Use of SuperBuy.store

1. Users are obligated to comply with applicable laws and all provisions of these General Terms and Conditions (GTC) when using SuperBuy.store. In particular, it is prohibited to:
   • provide false, misleading, or incomplete information,
   • list items that infringe the rights of third parties (e.g., trademark, copyright, or personal rights),
   • use the marketplace to distribute spam, malware, or other illegal content,
   • intentionally influence the price of one's own or others’ items or make sham purchases by using multiple user accounts or in coordination with others,
   • post offers or content whose publication, sale, or purchase violates legal regulations, official orders, third-party rights, or the principles of SuperBuy.store,
   • manipulate the search functionality of SuperBuy.store by including brand names or other keywords in titles or descriptions without factual relevance to the item.
2. Sellers are required to comply with the applicable listing guidelines of SuperBuy.store and legal requirements when posting items. Items must be described completely, truthfully, and clearly. This includes in particular:
   • classification in the appropriate category,
   • disclosure of all essential characteristics and features,
   • disclosure of defects, signs of use, or other factors reducing value or functionality,
   • clear information about price, payment terms, delivery conditions, shipping costs, and any additional charges,
   • in the case of cross-border offers, a clear indication of any restrictions (e.g., lack of international shipping).
   All information must be designed to support a factual and transparent purchase decision. Deliberately misleading buyers through incomplete, ambiguous, or deceptive information is prohibited.
3. Users may not use mechanisms, software, or other scripts that could impair the proper functioning of the platform. Blocking, overwriting, modifying, copying, or otherwise exploiting platform content without the express written consent of Ecolution GmbH is prohibited unless necessary for proper use of the platform.
4. Users must comply with all applicable export control and sanctions regulations. The sale or shipment of items to countries or persons subject to trade restrictions is prohibited.
5. The operation of automated data retrieval tools (e.g., bots, scrapers, crawlers) is prohibited unless express written permission has been granted by Ecolution GmbH.
6. Users may not take any actions that could place an unreasonable or excessive load on the infrastructure of SuperBuy.store or impair the operation and stability of the services.
7. Content posted by users – in particular item descriptions, images, videos, titles, additional information, and reviews – may not contain advertising that is unrelated to the listed item. Linking to external websites outside of SuperBuy.store is only permitted if it is strictly necessary for fulfilling legal obligations (e.g., imprint requirements) or for transaction processing.
   Commercial providers who include external links in their listings are required to ensure that the linked page contains a legally compliant provider identification – in particular according to § 5 of the German Telemedia Act (TMG). This applies regardless of whether the link serves a legal obligation or another purpose. Advertising for competing marketplaces is prohibited.
8. To simplify listing creation and improve the buying experience, SuperBuy.store maintains a central product database containing information such as images, videos, product names, brands, logos, features, and descriptions ("product data"). If a seller uses this product data when creating a listing, subsequent changes to the data may automatically be reflected in their offer. Sellers remain responsible for the accuracy and completeness of their listings.
9. Due to technical reasons, especially in periods of high data volume or synchronization delays, listings may not be immediately searchable via category navigation or keywords after publication. SuperBuy.store provides no guarantee that listings will be indexed or made visible in real time.
10. Ecolution GmbH reserves the right to take measures in accordance with § 6 of these GTC in the event of violations of usage conditions or legal provisions. This may include the suspension or deletion of individual content or entire user accounts.
11. Commercial sellers offering goods or services to consumers are obliged to provide all legally required information, particularly regarding withdrawal rights and warranty, including the legally mandated contact and provider identification (imprint obligation).
12. Unless otherwise stated (which may apply to cross-border sales), the stated prices are total prices that include statutory VAT and all other price components (excluding delivery and shipping costs). Sellers may not charge buyers additional fees for payment services or platform commissions. The sale price does not always include delivery and shipping costs.
13. Users may use addresses, email addresses, and other contact data obtained through SuperBuy.store solely for communication related to specific transactions. Any other use, especially for advertising purposes, is only permitted with the explicit consent of the affected user and in compliance with applicable data protection laws.
14. Users are responsible for securing any tax-relevant or legally required data (e.g., invoices) on their own. SuperBuy.store does not offer permanent data storage.
15. Ecolution GmbH may display personalized content and recommendations based on usage history, purchase interests, or other interaction data to improve the user experience. The processing of this information is conducted in accordance with data protection regulations, particularly Art. 6 (1) GDPR.
16. Sellers offering voluntary additional services (e.g., warranties, installation services, authenticity checks) must ensure that such services are properly described and can be legally provided. If a warranty is granted to consumers, the requirements of § 477 BGB must be observed. This includes, in particular, a notice that statutory consumer rights are not restricted by the warranty, the content of the warranty, and all essential details for making a claim (e.g., duration, geographic scope, name and address of the warrantor).
    Sellers are also obligated to avoid conflicts of interest with services offered by SuperBuy.store. To promote transparency and trust, SuperBuy.store may publicly display quality-related information (e.g., shipping times, return rates, response times) provided this is based on objective and verifiable criteria. Such displays are made without judgment and in compliance with data protection regulations.
17. Sellers, buyers, and other users must not take any actions aimed at disrupting or circumventing the technical protection mechanisms or the business logic of the platform.
18. SuperBuy.store is entitled to use uploaded vehicle and item images permanently, with background removed, and in any context for illustrating, categorizing, and marketing the platform.
19. Users are solely responsible for the legality of the content they post. This applies particularly to copyrighted material such as trademarks, images, or texts. SuperBuy.store reserves the right to block or delete content in the event of repeated violations or upon request by rights holders.

§ 4 Payment Processing

1. Payment processing for transactions via SuperBuy.store is carried out exclusively through payment service providers integrated by Ecolution GmbH (e.g., Stripe, PayPal). During registration or at the latest when their seller account is activated, sellers conclude a separate payment services agreement with the respective provider. The contractual party for the payment service is exclusively the respective payment service provider, whose terms of use apply in addition. Use of the marketplace as a seller requires successful registration with the payment service provider; without such registration, it is not possible to create listings.
2. Unless an explicit exception is provided, sellers are required to use the integrated payment processing for all items offered via SuperBuy.store. Sellers subject to restrictions imposed by the payment service provider (e.g., due to lack of verification) may only use SuperBuy.store to a limited extent and in particular cannot create listings or receive payments.
3. As part of the payment processing, sellers are obligated to provide all legally required information for identity verification (e.g., in accordance with Anti-Money Laundering Act, DAC7, KYC regulations) fully and accurately. This includes in particular information about the natural or legal person, company details, business account information, and, where applicable, beneficial ownership as defined in § 3 of the German Money Laundering Act (GwG).
4. In accordance with the terms of the respective payment service provider, payments may in certain cases be temporarily withheld. When, under what conditions, and for how long such withholding occurs is governed by the respective provider’s terms of use. Ecolution GmbH is entitled to initiate a payment hold, particularly in cases of transaction irregularities, suspected fraudulent behavior, or during active buyer protection proceedings.
5. Buyers may use all payment methods supported by the respective payment service provider in the context of the transaction. Depending on an individual risk assessment, certain payment methods may not be offered. Payment is always made to the payment service provider, who holds the amount in escrow and releases it to the seller in accordance with the provider’s terms after expiration of return or withdrawal periods.
6. Returns, cancellations, and buyer protection procedures remain possible even when using integrated payment processing via SuperBuy.store. In the event of a justified refund, the seller is obligated to reimburse the buyer. In such cases, the payment service provider may initiate a refund to the buyer on behalf of the seller. The refund amount may be offset against future payout amounts or collected via the registered payment method.
7. Sellers are independently responsible for fulfilling all tax obligations – in particular with respect to value-added tax (VAT). SuperBuy.store does not provide tax advice and assumes no liability. It is the seller’s responsibility to review and comply with tax obligations in accordance with applicable national and international regulations.
8. SuperBuy.store and the payment service providers reserve the right to review payments and analyze transactions automatically or manually to detect fraudulent or unlawful behavior. In cases of doubt, payouts may be delayed or withheld. Users will be informed of such measures unless legal obligations prevent notification.

§ 5 Reporting and Moderation of Content

1. Content uploaded by users on SuperBuy.store – in particular listings, descriptions, images, or reviews – must not violate legal provisions, third-party rights, these GTC, or the applicable SuperBuy.store usage guidelines. This applies equally to private and commercial providers. The platform guidelines provide additional information on prohibited content, permissible advertising, acceptable links, and sanctions in cases of abuse.
2. Ecolution GmbH is not obligated, but entitled, to review user content either based on specific indications or proactively for legality, accuracy, or compatibility with third-party rights. It may carry out voluntary reviews, particularly to identify potentially illegal, misleading, or harmful content, and take appropriate measures pursuant to paragraph 7 if necessary.
3. Reporting procedures for illegal content:
   • Users and third parties may report allegedly illegal content via email to [[email protected]] or through the general contact form.
   • Rights holders (e.g., of copyright, trademark, or design rights) are asked to provide the most accurate information possible when reporting, including a description of the rights violation, the affected content, and proof of their rights.
   • Supervisory, enforcement, and regulatory authorities may also submit their notices using the same channels. A technical interface for authorities may be provided at a later time.

   SuperBuy.store plans to provide a structured electronic reporting form pursuant to Art. 16 DSA to enable standardized, accessible, and traceable reporting of illegal content.

4. Trusted flaggers whose status has been confirmed by a competent authority of an EU Member State pursuant to Art. 22 of Regulation (EU) 2022/2065 (“Digital Services Act”) may also report allegedly illegal content through the contact channels mentioned in paragraph 3.

   SuperBuy.store will prioritize such reports where technically and operationally feasible and subject them to a qualified review. A dedicated reporting portal for trusted flaggers is currently being developed.

5. If a report is submitted in accordance with § 5 para. 3, Ecolution GmbH is entitled – in compliance with data protection regulations – to forward the submitted information and the identity of the reporting person to the affected user, provided this is necessary for clarification and legally permissible.
6. To assess reported content, SuperBuy.store uses both automated systems and manual procedures. The choice of method depends on the type, category, and complexity of the reported content. If an automated system is used, the affected user – subject to any overriding legitimate interests – will be informed about the automated decision-making, its functionality, and the measure taken. To protect users and ensure compliance with legal requirements, Ecolution GmbH also uses automated review mechanisms, e.g., for detecting fraudulent activities. All decisions are reviewed by qualified staff. Automated systems may be used to check content, prevent fraud, or evaluate transactions, provided human review is possible.
7. In the event of violations of legal provisions, third-party rights, these GTC, or platform policies, Ecolution GmbH may, depending on the severity and frequency of the violation, take the following measures in particular:
   • Issuing a warning to the user
   • Removing or blocking the reported content
   • Temporarily limiting visibility (e.g., in search results)
   • Demotion or delayed publication
   • Restriction of features (e.g., posting new listings)
   • Temporary or permanent suspension of the user account

   These measures may also be carried out on behalf of or by affiliated companies.

8. Before suspending a user account due to illegal content, the affected user will generally receive a warning unless the purpose of the measure would be thwarted by doing so. In selecting and designing the measure, Ecolution GmbH considers in particular the nature, severity, and frequency of the violation, the user's past behavior, and any legitimate interests of all parties involved. The affected user will be informed of the measure and its justification – if legally required.
9. In selecting and implementing measures, Ecolution GmbH takes into account the legitimate interests of all parties involved, especially the affected user, other users, rights holders, and third parties, as well as its own interests as a service provider. It will assess whether a measure is permissible only for good cause – for example, if the affected user would otherwise suffer significant disadvantages. If a measure is taken, Ecolution GmbH will inform the affected user of the reasons, where legally required.
10. Repeated obvious misuse of the reporting or complaint mechanisms (e.g., deliberately false or misleading reports) may result in sanctions such as restrictions or suspensions pursuant to § 6 and § 9 of these GTC. In such cases, a prior warning will be issued unless it would compromise the effectiveness of the measure.

§ 6 Measures in Case of Contractual or Policy Violations

1. In addition to the obligation to comply with applicable laws and contractual requirements when posting content, users are also required, during any other use of the SuperBuy.store platform, not to violate legal provisions, infringe upon the rights of third parties, and to adhere to these General Terms and Conditions (GTC), the binding platform policies, and any applicable supplementary technical standards published on SuperBuy.store. This applies especially to commercial sellers, who are additionally bound by payment processing requirements and binding codes of conduct that serve to ensure quality in buyer-seller relationships.
2. A violation within the meaning of this provision occurs in particular when a user:
   • provides false, outdated, or incomplete information in their user account or fails to correct or complete such information within the specified period upon request by SuperBuy.store or an authorized payment service provider;
   • transfers their user account, in whole or in part, to third parties or grants third parties access without authorization;
   • causes significant economic, legal, or technical disadvantages to other users or to Ecolution GmbH through their conduct;
   • as a commercial seller, violates applicable standards, in particular those arising from contractual agreements on payment processing or from platform policies;
   • intentionally or repeatedly submits abusive reports or complaints within the meaning of § 9.
3. In the event of such violations, Ecolution GmbH is entitled to apply all measures described in § 5 of these GTC. These include, in particular, warnings, removal or blocking of content, restrictions on the use of individual features or the entire account, and temporary or permanent suspension of the user account. A prerequisite for taking such measures is that they are proportionate and carried out in accordance with legal and contractual provisions. § 5 para. 9 applies accordingly. Before implementing severe measures (e.g., permanent suspension), the affected person will be informed in advance – provided the purpose of the measure is not compromised by doing so. The reasons for the measure will be documented and provided upon request in accordance with legal obligations. Such measures may be executed or initiated by Ecolution GmbH itself or by companies contractually or corporately affiliated with Ecolution GmbH and commissioned for this purpose.

§ 7 Complaint Management System and Customer Support

1. SuperBuy.store provides an internal complaint management system for all affected users. Complaints against decisions regarding illegal content, account suspensions, or contract terminations can be submitted electronically within six months, e.g., via the designated online form in the user account or by email. If a measure is taken by Ecolution GmbH in connection with content uploaded by users pursuant to § 5 – or in the case of commercial sellers, pursuant to § 2 para. 7 – the affected user may initiate a free, electronic complaint procedure in accordance with Regulation (EU) 2022/2065 (“Digital Services Act”) to have the underlying facts and reasons reviewed.
2. This complaint procedure is also available to users whose report of allegedly illegal content under § 5 para. 3 lit. a) or b) was rejected in whole or in part. The rejection notice will include a brief explanation and information about the user's rights under the complaint procedure.
3. Users may authorize a legal entity or non-profit organization based in an EU Member State that is officially mandated to enforce the Digital Services Act (Regulation (EU) 2022/2065). Such organizations may file a complaint on behalf of the user. Complaints submitted via this route will be given priority and processed promptly. Upon request, SuperBuy.store will provide a list of recognized organizations pursuant to Art. 21 para. 3 DSA.
4. Commercial sellers also have the right to request a review through the internal complaint procedure in cases where measures are taken due to other violations of obligations under § 6.
5. Complaints as outlined above may be submitted within a six-month period. This period begins:
   • for measures under paragraphs 1 and 4: from the day the affected person is notified;
   • for paragraph 2: from the day of notification regarding the rejection of the reported content.
6. Ecolution GmbH reviews submitted complaints within a reasonable timeframe, impartially, objectively, and while respecting the rights of all parties involved. A measure will be reversed if the review concludes that:
   • the decision to ignore a report was unjustified,
   • the reported content does not violate any laws, these GTC, or platform policies, or
   • the user’s conduct does not warrant the applied measure.
   When evaluating the complaint, SuperBuy.store also considers previous violations, the risk of recurrence, and potential patterns of misuse.
7. If a measure is found to be unjustified, Ecolution GmbH will lift it without delay – provided it is technically feasible and economically reasonable to do so.
8. For all other inquiries not covered by the internal complaint procedure, users may contact SuperBuy.store’s customer support at any time and free of charge. Customer support can be reached by email at [email protected] or via the relevant contact form on the website.

§ 8 Out-of-Court Dispute Resolution and Mediation

1. Ecolution GmbH cooperates, in accordance with Regulation (EU) 2022/2065 (“Digital Services Act”) and other legal requirements, with recognized mediation and out-of-court dispute resolution bodies in order to resolve disputes concerning measures under § 5 and § 6 in an amicable and non-judicial manner.
2. In addition, SuperBuy.store recognizes qualified organizations pursuant to Art. 21 para. 3 DSA as out-of-court dispute resolution bodies. Participation in the resolution process takes place in good faith. A list of suitable bodies is available upon request.
3. If mediation or dispute resolution proceedings are possible, Ecolution GmbH will inform the affected user of this option and, upon request, provide contact information for the competent or appropriate institutions.
4. Users are encouraged to first use the internal complaint system pursuant to § 7 before initiating mediation or dispute resolution proceedings in order to resolve the matter efficiently and amicably.
5. In the event that mediation or dispute resolution proceedings are conducted, both Ecolution GmbH and the affected user commit to fair and cooperative collaboration with the competent body. The proposed solutions are not legally binding and are to be considered as non-binding recommendations.
6. Ecolution GmbH may refuse to participate in an out-of-court procedure if:
   • a decision has already been made regarding the same circumstances and the same content in question;
   • the procedure is initiated after the six-month deadline under § 7 para. 5 has expired, without a formal complaint having been filed in time; or
   • the affected user has repeatedly submitted clearly unfounded reports (§ 9 para. 1) or complaints (§ 9 para. 2) and has already been subject to restrictions as a result.
   In all cases, an individual assessment is carried out with due regard for proportionality.
7. Ecolution GmbH does not participate in dispute resolution procedures before a consumer arbitration board as defined in § 2 para. 1 of the German Consumer Dispute Resolution Act (VSBG) and is not obligated to do so. Users may contact customer service or the contact points named in the internal complaint procedure at any time for general matters.

§ 9 Measures in Case of Clearly Unfounded Reports and Complaints

1. Ecolution GmbH reserves the right to temporarily or permanently suspend the processing of reports concerning allegedly illegal content submitted by users or third parties if such reports are repeatedly and demonstrably clearly unfounded. Such a measure will be applied proportionately, documented, and transparently in accordance with Art. 23 DSA.
2. The same applies to complaints submitted through the internal complaint system under § 7. If a user repeatedly submits clearly unfounded complaints and significantly burdens the review or moderation process, the processing of such complaints may be temporarily or permanently suspended. In doing so, Ecolution GmbH particularly considers the pattern, frequency, and impact of the abusive behavior.
3. Before implementing such a measure, the affected user – provided the purpose of the measure is not compromised – will receive a written warning outlining the observed behavior, possible consequences, and the right to object.
4. In determining the type, duration, and scope of the measure, Ecolution GmbH will take into account the specific circumstances of the individual case. These include in particular:
   • the frequency, duration, and severity of the abusive reports or complaints,
   • the user's previous behavior, such as cooperation or acknowledgment,
   • as well as indications of intentionally harmful or anti-competitive behavior, such as repeated false reports against competing providers.
5. Reports or complaints with a sufficient factual basis are excluded from such suspension, even if they do not lead to a measure under applicable law. Freedom of expression and access to legal remedies remain protected.

§ 10 Termination

1. Users may terminate the user agreement with Ecolution GmbH at any time without notice and without stating reasons. Termination must be made in text form (e.g., by email to [email protected]).
2. Ecolution GmbH may terminate the user agreement with 30 days' notice to the end of a month. In the case of commercial sellers, termination will include the reasons for termination, which may particularly result from violations pursuant to § 5 (Reporting and Moderation of Content) and § 6 (Measures in Case of Contractual or Policy Violations) of these GTC.
   The right to extraordinary termination for good cause pursuant to § 314 BGB remains unaffected. Likewise, the right to temporarily or permanently block a user account or restrict individual features pursuant to § 6 remains unaffected.
   Affected users have the right to use the internal complaint system pursuant to § 7 to object to ordinary or extraordinary termination as well as account suspensions.
3. If a user account is suspended or the user agreement is terminated by Ecolution GmbH, the affected user is not permitted to continue using SuperBuy.store’s services through another account or to re-register. Any such attempt may lead to the permanent suspension of all associated user accounts.
4. Termination or suspension does not affect the validity and execution of contracts that were lawfully concluded via SuperBuy.store prior to the termination. These contracts will continue to be processed – if technically possible and legally required – through the payment service provider or other contractual partners.

§ 11 Fees

1. Fees may apply for listing items on SuperBuy.store as well as for using optional additional features. In the event of a sale, a sales commission will be charged. This payment obligation applies to both commercial and private sellers. The applicable fees and commission rates are set out in the current fee schedule on SuperBuy.store. To ensure transparency for buyers, Ecolution GmbH may provide appropriate information about the composition of the item price and included commissions, without disclosing personal data.
2. All fees and sales commissions are due immediately upon the claim arising and must be paid using the payment methods accepted by Ecolution GmbH. The payment terms and accepted payment methods are specified in the current fee schedule and payment policy on SuperBuy.store. For regularly recurring services, billing is done in advance. If a payment fails for reasons attributable to the user, the user shall bear any resulting additional costs.
3. Outstanding fee claims may be offset against existing or future payout amounts of the seller by Ecolution GmbH or the authorized payment service provider as part of the payment process.
4. Billing of fees and sales commissions generally takes place monthly. Ecolution GmbH provides the seller with an invoice and notifies them by email. The invoice can be viewed and downloaded via the user account on SuperBuy.store. Sellers are responsible for ensuring proper legal archiving. For tax purposes, invoices are issued electronically; postal delivery does not take place. Ecolution GmbH assumes no responsibility for the tax classification or bookkeeping obligations of the seller.
5. Sellers are prohibited from circumventing the fee structure or commission rules of SuperBuy.store. Violations may result in measures under § 6 of these GTC. Additional guidance on prohibited circumvention practices is set out in the platform guidelines. In particular, it is prohibited to conclude or process contracts outside of SuperBuy.store if the initial contact was established through the platform.
6. In the event of culpable violations by the user, Ecolution GmbH may charge a processing fee for the removal of content or the suspension of a user account. A fee may also be charged for reactivating a suspended account. The amount is determined by the current fee schedule unless the user proves that no or a lesser loss occurred.
7. Ecolution GmbH reserves the right to change the fee structure and the amount of sales commissions. Such changes will be communicated to the affected users at least 30 days before they take effect, in text form. The user may object to the change until the effective date. If no timely objection is made, the changes are deemed accepted. Users will be expressly informed in advance about the right to object, the deadline, and the consequences of failing to object.

§ 12 Conclusion of Contract and Listing Formats

1. SuperBuy.store provides sellers with various listing formats and functions through which purchase contracts for items can be prepared and concluded. Items may also be made available to international buyers – either by specifically targeting certain countries or by offering international shipping. The cross-border provisions of § 1 para. 3 apply. SuperBuy.store is not obligated to make all listing formats permanently available. Changes in functionality are made in accordance with § 1 para. 9.
2. By listing an item, the seller submits a legally binding offer to conclude a purchase contract under the stated conditions.
3. A contract is concluded once the buyer clicks the “Buy Now” button and successfully completes the subsequent order process. If the “immediate payment” feature is enabled, the contract is only concluded upon receipt of payment. For purchases involving multiple items in the shopping cart, the contract is considered concluded once the full payment process has been successfully completed.
4. Sellers who conclude contracts with buyers via SuperBuy.store agree to select German law as the applicable law for each purchase contract, unless mandatory statutory provisions state otherwise. In relation to consumers, the mandatory consumer protection laws of the buyer's country of residence also apply if they are more favorable. Deviating legal choices are not permitted. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
5. Buyers are generally required to make full advance payment. Unless otherwise agreed between buyer and seller, the total purchase price must be paid immediately after contract conclusion using one of the offered payment methods. For security reasons, SuperBuy.store may restrict or exclude certain payment methods.
6. Sellers are obligated to deliver sold items to the buyer and transfer ownership without undue delay after contract conclusion, unless differing delivery times or conditions have been agreed. Deviations – for example, in the case of pre-orders – arise from SuperBuy.store's applicable delivery terms or individual agreements between the parties. Ownership is transferred subject to full payment, unless an alternative arrangement has been expressly and properly documented.
7. Sellers are required to comply with all statutory information and tax obligations in connection with their listings. This includes in particular:
   • proper remittance of value-added tax (VAT),
   • compliance with documentation and reporting obligations under applicable national and international regulations,
   • disclosure to tax authorities or platforms where applicable under DAC7 or similar regulations.
   SuperBuy.store does not provide tax advice or assume any responsibility for tax compliance. Sellers act independently regarding their tax obligations. SuperBuy.store is not required to register, calculate, withhold, or remit VAT on behalf of the seller unless explicitly required by law or contract.
8. Sellers are obligated to ensure that their listings do not violate export control or sanctions regulations. The sale or shipment of goods to countries or persons subject to trade restrictions is prohibited. SuperBuy.store may provide guidance on embargo lists or country-specific trade restrictions but does not guarantee their completeness or accuracy. The obligation to conduct an independent review remains with the seller.

§ 13 Warranty and Rights in Case of Defective Delivery

1. All items offered via SuperBuy.store are considered used goods unless explicitly stated otherwise in the listing. The following provisions apply exclusively to contracts between commercial sellers and consumers as defined by the applicable national law.
2. The warranty period for used goods is reduced to the legally permissible minimum in the buyer's country of residence for all contracts between commercial sellers and consumers. In many Member States of the European Union, this minimum is 12 months. The specific period is determined by the mandatory consumer protection laws of the respective country of delivery.
3. The warranty period begins when the buyer receives the goods. The statutory period for the reversal of the burden of proof – i.e., the presumption that a defect already existed at the time of delivery – is also governed by the law of the delivery country and typically lasts 6 months, unless a longer period is prescribed.
4. If a material or legal defect exists, the buyer is entitled to the following statutory rights under the applicable law of the country of delivery:
   • Subsequent performance (repair or replacement),
   • Reduction of the purchase price,
   • Withdrawal from the contract, if the defect is significant and not remedied,
   • Compensation for damages, if provided by law.
5. A reduction of the warranty period is not permitted if:
   • the seller has fraudulently concealed a defect,
   • a guarantee was given for the condition or durability of the item,
   • the buyer is a commercial user (in which case individual agreements or B2B law apply).
6. Sellers are obligated to fully, transparently, and accurately describe the actual condition of the item, all known defects or functional impairments, and any characteristics essential to the buyer’s purchase decision. Any exclusion or reduction of the warranty is invalid if defects have been fraudulently concealed or if there has been a breach of the duty of disclosure.

§ 14 Ratings and Reputation System

1. After successfully completing a transaction on SuperBuy.store, both buyers and sellers have the opportunity to publicly rate each other. Buyers may also rate specific performance aspects of the seller, in particular shipping time, item condition, item description, and communication.
2. SuperBuy.store does not systematically review the content of ratings. Therefore, it cannot be ruled out that some ratings may be factually inaccurate or misleading. If there are concrete indications of impermissible ratings or systematic abuse, SuperBuy.store may conduct a review in accordance with its rating guidelines.
3. Ratings must be objective, truthful, and compliant with applicable law. In particular, offensive, defamatory, slanderous, discriminatory, or reputation-damaging statements are prohibited. This applies equally to the written content of the rating as well as to supplementary symbols, images, or attachments.
4. The rating system may only be used for objective assessments of the actual transaction. Misuse is prohibited. In particular, it is forbidden to:
   • rate oneself or manipulate ratings via third parties,
   • use ratings for purposes unrelated to the completed transaction,
   • use ratings as leverage, for example to pressure other users into specific actions, omissions, or concessions,
   • submit or withhold ratings in order to gain personal advantage or influence other users.
5. SuperBuy.store reserves the right to remove or modify ratings if, after prior review, they are found to violate the rating rules or to abuse the rating system. This is based on the principle of rating transparency and maintaining a fair marketplace environment. In such cases, the affected party will be informed of the measure if legally required. A renewed rating by the original author is excluded.
6. Sellers may use the internal complaint procedure under § 7 to contest ratings that contain demonstrably false factual claims, offensive content, or legal violations. SuperBuy.store will review the objection and, if justified, take appropriate corrective or removal action.

§ 15 Limitation of Liability

1. Ecolution GmbH shall be liable for damages caused intentionally or by gross negligence. This also applies to breaches of duty by legal representatives, executive employees, or vicarious agents.
2. Liability remains unaffected in the event of the assumption of a guarantee, in cases of strict liability, for claims under product liability law, and in the event of culpable injury to life, body, or health.
3. In the case of slightly negligent breaches of essential contractual obligations (so-called cardinal duties), Ecolution GmbH shall only be liable for the typical, foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose observance the user regularly relies.
4. Otherwise, Ecolution GmbH shall not be liable – regardless of the legal basis – unless one of the previously mentioned exceptions applies.
5. The above limitations of liability also apply to the benefit of legal representatives, executive employees, and vicarious agents of Ecolution GmbH, insofar as personal liability is concerned.
6. Ecolution GmbH assumes no responsibility for the availability, accuracy, completeness, or timeliness of user-generated content. Users are solely responsible for the content they provide.
7. SuperBuy.store is not liable for damages arising from the use or inability to use the platform, unless such damages result from intentional or grossly negligent breaches of duty.

§ 16 Rights of Use for Uploaded Images

1. Users who upload content – particularly vehicle or product images – to SuperBuy.store grant Ecolution GmbH a non-exclusive, royalty-free, worldwide, perpetual, and unrestricted right to use such content. This right of use includes, in particular, storage, reproduction, public accessibility, distribution, editing, display, and use for categorization, search optimization, database integration, and marketing of platform services.
2. Vehicle images may be used by SuperBuy.store within the central vehicle database – for example, as sample images for specific vehicle models or series. Product images may be used for presentation in listing overviews, search results, categories, and marketing materials.
3. SuperBuy.store is entitled to use the content in its original or edited form or in combination with other content, insofar as this serves the operation or further development of the platform. Separate user consent is not required for this.
4. The user represents that they hold all necessary rights to the uploaded content and that use by SuperBuy.store does not infringe any third-party rights – particularly copyright, trademark, personality, or other intellectual property rights. The user agrees to indemnify Ecolution GmbH upon first request against any legitimate third-party claims resulting from such infringement.
5. The granted rights of use remain valid indefinitely, even beyond the termination of the user relationship. The user may request the deletion of individual content unless legitimate interests of Ecolution GmbH oppose such deletion (e.g., for archiving or evidence purposes).
6. SuperBuy.store is entitled to mark content – particularly vehicle images – as “sample images” if they illustrate typical features of a model.

This section applies accordingly to other media content such as logos, videos, PDF documents, or supplementary product information.

§ 17 Indemnification

1. The user agrees to indemnify Ecolution GmbH upon first request against all claims asserted by third parties in connection with content or listings posted by the user on SuperBuy.store or resulting from any other use of the platform, insofar as such use infringes the rights of third parties. This particularly includes claims related to the infringement of copyrights, trademarks, competition law, personal rights, or other intellectual property rights.
2. The indemnification also covers the necessary and reasonable costs of legal defense, including court and attorney fees as stipulated by law (in accordance with the German Lawyers' Compensation Act – RVG). The obligation to indemnify does not apply if the user proves that they did not cause the alleged infringement either intentionally or negligently.
3. If Ecolution GmbH is targeted by third-party claims, the user is obligated to immediately, fully, and truthfully provide all information necessary to assess the facts and to defend against the claim. This duty applies regardless of the question of actual liability and serves to ensure effective legal protection.
4. Users who, through intentional or grossly negligent use of SuperBuy.store, violate legal provisions or third-party rights are liable to Ecolution GmbH for all resulting damages. This includes in particular:
   • costs for legal assessments, takedown or blocking measures,
   • technical or organizational efforts,
   • reputational damage or loss of revenue resulting from actions taken toward third parties.

§ 18 Final Provisions

1. To fulfill its contractual obligations and enforce its rights arising from this agreement, Ecolution GmbH may engage third parties, particularly affiliated companies as defined in §§ 15 et seq. AktG (German Stock Corporation Act) or external service providers.
2. Ecolution GmbH is entitled to transfer its contractual rights and obligations, in whole or in part, to another company with four weeks' notice. In this case, affected users will be informed in text form about the planned transfer. The user then has the right to terminate the user agreement without notice and free of charge in accordance with § 10 para. 1.
3. Changes to these Terms and Conditions will be communicated to the user in text form (e.g., via email) at least 30 days before their intended effective date.
   • Material changes require the user's explicit consent.
   • In the case of non-material changes, consent is deemed to have been granted if the user does not object before the changes take effect. In this case, the user will be clearly and understandably informed in advance about their right to object, the deadline, and the consequences of not objecting — including their right of termination under § 10 para. 1.
4. Changes are considered material in particular if they significantly alter the contractual balance between performance and consideration to the disadvantage of the user or introduce new primary obligations. Amendments based on mandatory legal provisions, court decisions, or official orders are not considered material.
5. Certain provisions of these Terms and Conditions are based on the proposals of the Common European Sales Law (CESL, COM(2011) 635 final), a draft by the European Commission that was not adopted. These serve to increase clarity, comparability, and modernization of contract terms and apply bindingly between users of this marketplace.
6. Declarations related to the user agreement must be made in text form (e.g., email, electronic form, or message via the user account), unless a stricter legal form is required by law.
7. The contractual language is German. Translations into other languages may be offered for convenience. The German version is legally binding.
8. In case of any discrepancies between different language versions of these Terms and Conditions, only the German version shall prevail.
9. The user agreement and these Terms and Conditions are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers residing in an EU member state, mandatory consumer protection laws of their country of residence remain unaffected, provided they are more favorable.
10. For users who are merchants under German Commercial Law (HGB), legal entities under public law, or special funds under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of Ecolution GmbH in Hamburg.
11. For consumers, in addition to the general jurisdiction at their place of residence, the place of jurisdiction shall also be the registered office of Ecolution GmbH. However, Ecolution GmbH undertakes to only initiate legal proceedings against consumers at their place of residence.
12. Ecolution GmbH is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board as defined in § 2 para. 1 of the German Consumer Dispute Resolution Act (VSBG). Users may, at any time, contact customer service or the internal complaint bodies under § 7.
13. Declarations and communications related to this contract may be transmitted electronically (e.g., via email or user account). They are deemed delivered once they are accessible in the recipient's electronic inbox or user account.
14. If any provision of these Terms and Conditions is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or missing provision, the relevant statutory provision shall apply. If no applicable statutory provision exists or it leads to an unreasonable result, the contracting parties shall strive for a reasonable provision that most closely reflects the economic purpose of the omitted clause.

Hamburg, July 1, 2025