Terms & Conditions
Print as PDFTerms & Conditions
Ueberlabel.com is an online market place where members can buy and sell products autonomously. Ueberlabel.com is a venue from the Ueberlabel UG (haftungsbeschränkt), Glockengießerwall 2, 20095 Hamburg ('Ueberlabel').
By using the Ueberlabel.com web site you agree to be bound by the following terms and conditions ('User Agreement').
§ 1 Scope of these Terms & Conditions
The Terms & Conditions cover the contractual relationship between Ueberlabel and members of Ueberlabel.com who use the services of Ueberlabel. If a member is also allowed to sell on ueberlabel.com the he is also called a 'seller'. For contracts formed between members of Ueberlabel.com these Terms & Conditions apply only to the accomplishment of contracts between members on the Ueberlabel.com online platform. The Terms & Conditions do not apply to any impairment of performance within the contractual relationship between members.
These Terms & Conditions come into effect when registering on Ueberlabel.com. By clicking on the button to accept the Terms & Conditions you agree to be bound by these Terms & Conditions.
You can recall your consent or cancel the contract between you and Ueberlabel in writing according to the regulations of § 4.4. Our services are not available to, and may not be used by, persons under the age of 18 years.
§ 2 Membership, Eligibility and Registration
1. No registration is required if you use Ueberlabel.com to search products or shops. Member registration is required for a variety of features, functions and services such as using the wish list, buying items.
2. Registration as a member is free of charge. We reserve the right to refuse service and registration to anyone for any reason at any time. When you register and agree to be bound to these Terms & Conditions a contract between Ueberlabel and you for the use of Ueberlabel.com is accomplished.
3. Sellers can not register themselves. Sellers are selected by the solely discretion of Ueberlabel. They are explicitly invited by Ueberlabel and will receive the login by Email. Only sellers can sell products on ueberlabel.com. No member has the right to also become a seller. Sellers receive a shop with basic set-up and can sell products on Ueberlabel.
4. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to persons under the age of 18. If you are registering as a business entity, you confirm that you have the authority to bind the entity to these Terms & Conditions.
5. You declare yourself willing to provide true, accurate, up-to-date and complete information as specified in the course of registration and shop and profile generation, and to update this data as necessary.
6. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User Name to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User Name or password.
7. We reserve the right to delete accounts that have not completed the registration process, e.g. not validated registrations.
§ 3 Suspension, recall and cancellation
1. Without limiting other remedies, we may take the following actions without notice to you if you breach these Terms & Conditions or legal regulations or if we believe that your actions may cause us or our members financial loss or legal liability:
a. Remove and delete any of your item listings or other content provided by you at Ueberlabel.com
b. issue a warning
c. limit your use of Ueberlabel.com
d. suspend or terminate your registration and refuse to provide our services to you
2. Ueberlabel reserves the right to irrevocably suspend your registration and to refuse services to you without notice, ifb. issue a warning
c. limit your use of Ueberlabel.com
d. suspend or terminate your registration and refuse to provide our services to you
a. You provide false contact data, e.g. false or invalid email address, postal address,
payment data
b. You transfer your account to a third party or any other person
c. If you damage other members or Ueberlabel or abuse services of Ueberlabel.com
d. for any other important reason
3. Ueberlabel reserves the right to cancel this User Agreement at any time and for any reason with a notice period of 7 days.payment data
b. You transfer your account to a third party or any other person
c. If you damage other members or Ueberlabel or abuse services of Ueberlabel.com
d. for any other important reason
4. Suspended members are not permitted to use Ueberlabel.com and to create a new member account.
5. You can cancel the User Agreement at any time in writing to UEBERLABEL UG (haftungsbeschränkt), Glockengießerwall 2, 20095 Hamburg, Germany, or by email to support@ueberlabel.com.
§ 4 Listing and Selling
1. Registered members of Ueberlabel.com (this is only valid for sellers) can personalise their shop on Ueberlabel.com. All items and offers of a member will be listed in this shop. Sellers are solely responsible for all items listed in their shop and for the compliance with legal regulations.
Setting up a shop at Ueberlabel.com and listing products is free of charge. We charge a fee on the sales done through the shop.
2. When setting up a shop at Ueberlabel.com you choose a shop name. The shop name can differ from your User Name. Your Shop Name shall not infringe any third party’s rights or be immoral. In such case Ueberlabel reserves the right to alter the shop name or to delete the shop.
3. Information provided by you in the course of setting up a shop shall be true, accurate and complete. You are obliged to update this data as necessary and to always provide up-to-date information.
4. Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The contract of purchase is formed when a member complies with the conditions specified in the offer, clicks the “Buy” button in the shopping basket and the Seller confirms the order by email.
5. Items must be listed in an appropriate category. Your items and all terms of sale must be described with text description, graphics and pictures on the listing page of Ueberlabel.com.
All information relevant to the purchase decision must be true, accurate and complete. All information related to payment, delivery and delivery time must be complete.
As a business person offering goods and services to consumers you are obligated to give all necessary information regarding consumer protection as required by law and to detail legal disclaimer rights if required by law.
6. Ueberlabel is not required to provide sellers with an up-to-date return policy. Insofar Ueberlabel suggests to sellers a return policy, terms & conditions or a delivery and shipping policy, these proposals are not part of this agreement and Ueberlabel assumes no liability for them. This refers to contract between sellers and their customers.
7. You are responsible for ensuring that you have the right to use all content on your listing and that Ueberlabel has the right to host it on its servers. All content may only refer to the offer listed and may not advertise goods not listed on Ueberlabel.com.
8. Sales prices indicated need to be gross prices containing potential VAT and further charges. Shipping and delivery fees are not part of the sales price. As a seller you shall not charge Ueberlabel fees to the buyer.
9. Ueberlabel reserves the right to unlist and delete items if an item infringes legal regulations, these Terms & Conditions, the principles and rules of Ueberlabel.com or they belong to the items not permitted to be listed on Ueberlabel.com.
§ 5 Fees and billing
1. Becoming a member of Ueberlabel.com is free. Ueberlabel does not charge fees for setting up a shop, listing items or for buying items.
2. For each order mediated by Ueberlabel.com, Ueberlabel receives a commission from the respective seller. The commission is based on the gross price (price including VAT) and is exclusive of VAT.
3. Our fees and sales commission are based on the agreements with the sellers.
4. The commission is charged for each order mediated by Ueberlabel.com. It applies regardless of whether the sale is later carried out effectively or is reversed due to a cancellation before or after delivery. The commission is not due if the seller had informed the buyer about his statutory rights to return purchased goods and the buyer has exercised this right.
5. The settlement of payments for purchases takes place exclusively via Ueberlabel.com. Payments will be made exclusively to the escrow account of Ueberlabel. The products offered on Ueberlabel.com can be paid by credit card to the Ueberlabel escrow account.
6. The individual fees and commissions are due for payment immediately once the payment has been received for the product from the buyer. Applicable sales commissions will be immediately netted against the sellers escrow account. As far as the escrow account within 14 days of completion of the purchase does not have sufficient funds, the commissions are payable to Ueberlabel by bank transfer or credit card.
7. The fees and commissions may be changed by Ueberlabel. The revised fees and commissions structure will be sent to the seller by email two weeks before its application. If the seller does not reject the new fees and commissions structure within two weeks after receiving the email, the amended schedule becomes valid. Ueberlabel will point out in its email containing the revised fees and commissions the importance of this two-week period, the right to reject them and the legal consequences of not responding to he email. Should the seller reject the revised schedule within the aforementioned period, Ueberlabel is entitled to terminate the contract immediately without further notice.
8. Ueberlabel issues invoices in electronic format sent to the seller’s email address.
9. If a buyer fails to fulfil his contractual obligations the seller will receive a credit note to reimburse fees and commission. To receive the credit not the seller must claim it from Ueberlabel. 10. Sellers are not allowed to bypass Ueberlabel fees and commissions.
§ 6 Buying
1. The various offers on ueberlabel.com do not represent binding offers. As a buyer, you have a legal obligation to complete a transaction with a seller if you purchase an item. The sales contract is formed when the purchase is confirmed by the seller with an email.
2. By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful.
3. Purchases are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a purchase has been made, a clear typographical error is made, or you cannot authenticate the seller's identity.
4. As buyer, you must ensure that you are legally able to buy any item that you purchase on the site. 5. The payment of the purchase price is done using the Ueberlabel escrow service. 6. After receiving your order we carry out an authorisation check of the credit card used by you to make sure that the account has sufficient cover in order to complete the transaction. The goods will be shipped once the authorisation check was completed. Your credit card will be charged upon acceptance of contract. 7. Once the agreed purchase price is received on the Ueberlabel escrow account, the seller will be informed immediately. The seller is obliged to send the items sold after the receipt of the payment information within the specified delivery time in the detailed item description. 8. The contract between you and the seller may be formed in German or English.
§ 7 Basic Terms
1. All activities of members while using Ueberlabel.com or any service provided by Ueberlabel shall be in accordance with legal regulations. Content provided by members on Ueberlabel.com shall not infringe legal regulations or these Terms & Conditions.
2. Your information and your activities must not:
a. be false, inaccurate or misleading.
b. be offensive or menacing, abusive, defamatory.
c. be obscene, indecent or contain child pornography.
d. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy.
e. be fraudulent or involve the sale of counterfeit or stolen items.
f. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising).
g. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from ueberlabel.com without the prior expressed written permission of Ueberlabel and the appropriate third party, as applicable.
h. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
i. link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms & Conditions.
j. add a Ueberlabel employee or a Ueberlabel user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.
k. contain any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information.
l. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of Ueberlabel.com is in any way impaired.
m. not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
3. You must not list any item on Ueberlabel.com (or complete any transaction initiated using Ueberlabel.com) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law or our items policy.b. be offensive or menacing, abusive, defamatory.
c. be obscene, indecent or contain child pornography.
d. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy.
e. be fraudulent or involve the sale of counterfeit or stolen items.
f. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising).
g. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from ueberlabel.com without the prior expressed written permission of Ueberlabel and the appropriate third party, as applicable.
h. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
i. link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms & Conditions.
j. add a Ueberlabel employee or a Ueberlabel user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.
k. contain any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information.
l. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of Ueberlabel.com is in any way impaired.
m. not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
4. To enable Ueberlabel to use your information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your Information, in any media now known or not currently known. You also waive all moral rights you have in your information to the fullest extent permitted by law.
§ 8 Privacy Statement, Return Policy and ‘Seller Rules’
The Ueberlabel Privacy Statement, Return Policy and ‘Seller Rules’ are part of this User Agreement. ‘Seller Rules’ are only valid for sellers and are only accessible for them.
§ 9 Liability & Warranty
1. Ueberlabel is not liable for contracts formed between members of Ueberlabel.com.
2. Ueberlabel is not liable for information on Ueberlabel.com provided by its members. We claim no intellectual property rights over the material provide by members of Ueberlabel.com.
3. You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
4. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Ueberlabel (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
5. Nothing in this User Agreement shall limit or exclude Ueberlabel’s liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, Ueberlabel will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Ueberlabel has no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Ueberlabel’s liability to you or any third party in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) €100.
6. Ueberlabel does not guarantee continuous, uninterrupted or secure access to our services, and operation of Ueberlabel.com may be interfered with by numerous factors outside of our control. Ueberlabel.com and the services of Ueberlabel are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance
§ 10 Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with German law and subject to the exclusive jurisdiction of the German courts.
Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from German law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
§ 11 Notices
Unless otherwise explicitly stated, notices to Ueberlabel must be sent by mail or email to Ueberlabel UG (haftungsbeschränkt), Glockengießerwall 2, 20095 Hamburg, Germany or support@ueberlabel.com. Notices to you will be sent to the email address provided by you during the registration process or by mail.
§ 12 General
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. We reserve the right to alter these Terms & Conditions at any time. If the alterations constitute a material change to the Terms & Conditions, we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
You agree that this User Agreement and all incorporated agreements may be automatically assigned by Ueberlabel, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Ueberlabel are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
This Agreement will prevail over any conditions of sale imposed by a seller. Our Privacy Statement, Seller Rules are incorporated in this User Agreement by reference. Each of the policies may be amended from time to time and material changes will be communicated by email.
