§ 1. Type of seller
For the purposes of these General Terms and Conditions, a seller is anyone who entrusts Parfum Bazar with the brokerage, marketing and sale of the item intended for sale. Parfum Bazar offers its services to both commercial and private sellers.
The user is obliged to truthfully state in his details for the creation of his user account whether he is acting as a commercial seller (i.e. as an entrepreneur within the meaning of § 14 BGB) or as a private seller. The entrepreneurial status can also be based solely on the frequency of sales, without the need for further prerequisites. The user is liable for the correctness of the information as well as the legal classification and the resulting legal consequences.
If the user acts as a commercial seller, Parfum Bazar is obliged to grant the respective buyer a statutory right of revocation on behalf of the seller. Private buyers are also entitled to warranty claims against the commercial seller in accordance with the statutory provisions. The Buyer's rights of revocation and warranty shall exist exclusively vis-à-vis the Seller.
§ 2. General provisions
By means of a sales order, Parfum Bazar is instructed by the seller to find potential buyers for the respective sales item and to sell it primarily on the Parfum Bazar website on behalf of the seller in accordance with these seller's general terms and conditions and the general terms and conditions. A purchase agreement between the seller and the buyer based on the sales order shall comply with these terms and conditions.
Only original goods may be sold by Parfum Bazar. These are articles from the beauty sector (perfume, cosmetics, decorative cosmetics), whereby sales articles of brands are preferred to the list of brands provided by Parfum Bazar. The item for sale must be in very good or good condition.
The Seller warrants (subject to sentence 2) that all sales items offered for sale by him and to be sold by Parfum Bazar are his sole property and are free from third-party rights, are not plagiarisms or other infringing goods and correspond to the sales item data made by him. The offering of items for sale as a commission agent for a third party is only permitted if the seller guarantees that the third party is the owner, the third party expressly consents to the sale via Parfum Bazar and the seller has been authorised by the third party to transfer the item for sale to the buyer.
If the seller has placed an order with Parfum Bazar to sell, he will not simultaneously offer the item for sale outside the offers for sale made by Parfum Bazar itself or through a third party.
The seller must respond regularly to queries and messages from Parfum Bazar (user account).
For each sales order, the seller shall state whether he wishes to use the "concierge service" (sales channel A, section 3) or the self-sale service (sales channel B, section 4). In the case of self-sale, the Seller shall be responsible for the accuracy of all item sales data (description, dimensions, etc.) and the production of meaningful photographs and shall retain ownership of the item sold until it has been sold through Parfum Bazar and can be transferred to the Buyer..
The selling price shall be determined by Parfum Bazar at its sole discretion, taking into account market conditions, and Parfum Bazar shall endeavour to obtain the highest possible selling price. The seller may indicate his asking price in the sales form. Parfum Bazar will not deviate by more than 10% from the seller's asking price in determining and negotiating the selling price with potential buyers without first consulting the seller.
Parfum Bazar has the right not to offer for sale on the Parfum Bazar website or through other distribution channels any items for sale at a price which it deems to be significantly too high and not to refuse the seller's order to sell the item for sale, or to agree with the seller on a price which Parfum Bazar deems reasonable. In the latter case, Parfum Bazar will contact the seller to agree and fix the new price if necessary.
The "price proposal" function is optional and enables the purchaser to propose a new, lower purchase price in accordance with the provisions of Section 3.6 of the GTC. If the price proposal does not fall more than 10% below the seller's price expectations in accordance with the provision in Section 2.7, Parfum Bazar shall decide whether to accept a price proposal. In all other cases, Parfum Bazar will consult with the seller before accepting a price proposal by Parfum Bazar.
Parfum Bazar and the seller may enter into a sale agreement and thus subsequently reduce the original sales price. In the event of a reduction within the scope of "Sale", the sales item will also be listed in a separate "Sale" category on the Parfum Bazar website. Parfum Bazar may also use the "Sale" function if the reduced sales price is not more than 10% lower than the seller's asking price in accordance with the provision in Section 2.7. The seller may select the "Sale" function at any time. The reduced sales price must be at least EUR 20 for sales channel A and at least EUR 35 for sales channel B. The sales price may not be lower than 10% at any time.
Parfum Bazar and the seller have the opportunity to agree a so-called "flash sale" to increase the chances of selling certain items. By agreeing to the Flash Sale in the user profile, the seller agrees that items with a price reduced by up to 70% may be offered for seven days in the "Flash Sale" category. A flash sale may be considered if an item has been for sale at Parfum Bazar for more than 12 months. There is no sales guarantee for items in the Flash sale. Items offered in the Flash sale are not available for sale in the Parfum Bazar online shop at the same time. At the end of the seven-day period, in the event of non-sale, an item will be added to the sale declared in §2.9 at the last price offered in the Flash sale and advertised in this category.
The seller must inform Parfum Bazar immediately by e-mail to email@example.com of any changes to the item for sale (changes in its condition or condition, etc.). If the Seller notifies Parfum Bazar accordingly, Parfum Bazar shall be entitled to reject the Seller's sales order and to remove the relevant sales item from the Parfum Bazar website.
Parfum Bazar shall not be liable for unsolicited sales items or other goods and may refuse to accept such sales items or goods or return them freight collect to the sender.
The risk of transport, i.e. the risk of loss of or other damage to the item to be sold during transport, shall be borne by the seller until the item has been handed over to Parfum Bazar by the transport company - irrespective of whether Parfum Bazar sends or transmits a delivery note, an address label or other items useful for dispatch to the seller and/or takes out dispatch insurance or not.
§ 3. Sales channel A - concierge service
The seller has primary access to Parfum Bazar's "concierge service". In this offer from Parfum Bazar, the seller shall state the name and asking price of one or more items for sale in the "Selling with Concierge Service" section and send the items for sale to Parfum Bazar with the delivery note provided. Upon receipt of the item, Parfum Bazar will take over the presentation of the sales item (description and creation of photographs for the Parfum Bazar website).
The submission of sales item data to the "Concierge Service" shall constitute a binding offer by the Seller to Parfum Bazar to place a sales order with Parfum Bazar, which accepts Parfum Bazar by sending an e-mail regarding the inclusion in the sale or presentation of the sales item, particularly on the Parfum Bazar website. In the event of a rejection of a sales order, Parfum Bazar will inform the seller by e-mail and, if necessary, return the item to be sold to the seller at the seller's expense. At the seller's request, the item for sale may also be returned by Parfum Bazar to charity instead of being returned, at the discretion of Parfum Bazar, which will make the item available to the charity.
The seller must first enter the name and price of the item to be sold in the "Sell with concierge service" section. The seller will then receive from Parfum Bazar a non-binding confirmation of the items to be sold and a shipping note and must immediately send the item to Parfum Bazar. The seller must ensure that the packaging is sufficient to protect the item from moisture, dirt and light knocks. Fragile or fragile sales items must be packaged with special protection.
Parfum Bazar will inspect the items on sale upon receipt and may refuse the Seller's order for all or any of the items received.
Parfum Bazar will photograph the items accepted for sale and describe them in detail on the Parfum Bazar website.
Parfum Bazar shall present the respective sales item accepted by Parfum Bazar for the purpose of sale, in particular on the Parfum Bazar website. Parfum Bazar shall be entitled to keep the sales item on the Parfum Bazar website for a period of approximately three months, using the sales item data, description and photograph(s), even after the sales item has been sold, with the reference "Sold".
Parfum Bazar may advertise sales items outside the Parfum Bazar website, but is not obliged to do so.
Parfum Bazar is entitled to accept a buyer's purchase offer on behalf of the seller and to send the sales item packaged to the buyer. Parfum Bazar may provide the packaging with its own marks, logos or other symbols. Shipping costs shall be borne by the Buyer.
If Parfum Bazar does not accept items for sale, Parfum Bazar shall bear the shipping costs incurred for returning them to the seller (provided that the item for sale complies with Parfum Bazar's sales guidelines). In the case of faulty or unsolicited items, plagiarisms, soiled items, etc., the return shipping costs will be borne by the seller.
If an item for sale has not been sold to Parfum Bazar within twelve months of a sales order being placed, Parfum Bazar may delete the item without the Seller's consent. This will automatically cancel the sales order. Parfum Bazar will return the item to the seller when the sales order expires.
§ 4. Sales channel B - self-sale
The seller may also use the sales form provided to order Parfum Bazar. For this purpose, the seller shall enter all relevant information about the sales item in the sales form and send the form to Parfum Bazar. The item itself remains in the seller's possession for the time being. The marketing and presentation of the sales item (in particular on the Parfum Bazar website) is based on the seller's information in the sales form. The item for sale will not be sent to Parfum Bazar until an offer to buy has been received.
The sending of the sales form shall be deemed a binding offer by the Seller to Parfum Bazar to sell an item to Parfum Bazar which is accepted by Parfum Bazar by e-mail or by activating an offer to sell the item on the Parfum Bazar website. Parfum Bazar reserves the right to refuse the item for sale and the related sales order at any time without giving reasons. Parfum Bazar will inform the seller by e-mail if a sales order is rejected.
The sales form will be filled out by the seller independently and truthfully. The seller uploads two to a maximum of five photographs of the article for sale ("article pictures"). Parfum Bazar is commissioned (without being obliged to do so) to edit or design the sales item data and the item images (in order to achieve the best possible presentation of the sales item and thus increase sales opportunities). Parfum Bazar may also request new/further photographs or information from the Seller. The seller undertakes to immediately send Parfum Bazar new photographs and further information.
The seller assigns to Parfum Bazar the rights of use for the product photographs and texts provided by the seller as part of the sales route B - self-sale. Parfum Bazar will use these product images and texts for advertising purposes for the items on sale, Parfum Bazar and/or the Parfum Bazar website. In addition, product images and texts may be used by purchasers in the event of re-employment, as regulated in the User Terms and Conditions 4.4.
The seller guarantees that he has the necessary authority to fulfil the present contract with regard to all texts and article images provided to Parfum Bazar. Photographs of the item for sale uploaded by the seller must show the item for sale in its current condition and must not mislead potential buyers as to its characteristics, condition or defects. Furthermore, photographs of the article for sale may only show the article for sale itself.
Parfum Bazar will then present the article for sale on the Parfum Bazar website using the article data and images for the purpose of sale and make it publicly available for offers by buyers. Parfum Bazar is entitled to keep the article for sale on the Parfum Bazar website for a period of three months after the sale of the article with the reference "Sold", using the article data and article images - to the extent that the previously granted rights of use continue to apply for this period.
Parfum Bazar may also advertise the sales item outside the Parfum Bazar website, but is not obliged to do so. Parfum Bazar may also use the sales item in the context of advertising measures for the Parfum Bazar website using the sales item data and item images.
If Parfum Bazar receives an offer to buy from a Buyer, Parfum Bazar will notify the Seller immediately by e-mail, request the Seller to send the item for sale and, after reviewing the item for sale sent, will accept the Buyer's offer to buy on the Seller's behalf, provided that the item for sale is received by Parfum Bazar within five working days of the Buyer's notification of the Buyer's offer and complies with the Seller's specifications in the sales form. Seller shall send the article for sale to Parfum Bazar immediately upon receipt of the notification, but no later than five working days after receipt. If the item to be sold is shipped to Parfum Bazar from a domestic shipping point, Parfum Bazar will bear the normal market cost of a standard shipment. If the item for sale is shipped to Parfum Bazar from a shipping point in another member state of the European Union, the costs will be borne by the seller. The seller is always obliged to ensure that the item sold is adequately packaged, in particular to protect it from moisture, dirt and light knocks. Fragile or sensitive sales items must be packaged in a specially protected manner.
After reviewing the item received and positive evaluation, Parfum Bazar will accept the buyer's offer on behalf of the seller and send the item packaged to the buyer. Parfum Bazar may provide the packaging with its own marks, logos or other symbols. Shipping costs shall be borne by the Buyer.
The Seller shall bear the costs of the return shipments (of items rejected by Parfum Bazar from Germany as well as from other member states of the European Union).
If an article for sale has not been sold to Parfum Bazar within twelve months of the order being placed, Parfum Bazar may delete the article without the Seller's consent. This will automatically cancel the sales order. Parfum Bazar will return the item to the seller when the sales order expires.
§ 5. Inspection of articles for sale
Parfum Bazar shall examine the items sent for sale to determine whether they correspond to the item data provided by the seller and, in the case of sales channel B, also to the item images sent for sale and whether they are original goods. In this respect, Parfum Bazar shall only be obliged to carry out an external visual inspection of the article to be sold by appropriately trained personnel. Should Parfum Bazar release a sales item for sale, any claims of Parfum Bazar and the buyer (in particular claims for damages or warranty) against the seller shall remain unaffected. Special reference is made to Section 9.3 of the General Terms and Conditions.
The Seller is obliged to provide Parfum Bazar with all information available to it and relevant to the inspection (e.g. purchase from a private individual or a street retailer) and not to withhold any relevant information from Parfum Bazar (e.g. unknown origin of the item).
If the sales item does not correspond to the sales item data or, in the case of sales channel B, does not correspond to the transmitted item images, it shall be returned to the seller at the seller's expense and risk. Parfum Bazar may make the return of the item dependent on the advance payment of the shipping costs by the seller.
If the item sold is not an original product (plagiarism), the item sold will be returned to the seller at the seller's expense and risk. Parfum Bazar may make the return dependent on the reimbursement of shipping costs by the seller. ATTENTION: Plagiarism with a sales price of up to 500 EUR will incur a handling fee of 60 EUR.
If, in the event of a plagiarism, rights are asserted by third parties which oblige Parfum Bazar to surrender the article for sale, a return is not possible and Parfum Bazar therefore has no obligation to do so. A claim for damages on the part of the plagiarism seller against Parfum Bazar is excluded.
§ 6. Powers of attorney of the seller / assignment of the purchase price claim
The seller authorises and commissions Parfum Bazar to assist him in the marketing, brokerage and sale of the items intended for sale. The items for sale must first be checked and accepted by Parfum Bazar. The authorisation may be revoked at any time in writing. The sales order placed with Parfum Bazar includes all efforts, at Parfum Bazar's discretion, to achieve the highest possible sales price, for example through an attractive presentation of the sales items, advertising of the sales offers or discount campaigns. However, Parfum Bazar is bound by the provisions of these Seller Terms and Conditions.
Any rebates granted to a purchaser of Parfum Bazar (e.g. through the use of discount vouchers) will not affect the proceeds of the sale to be received by the seller unless the rebates granted have been permitted in consultation with or at the request of the seller. If the seller changes a price quote entered by the seller on the Parfum Bazar website to the item intended for sale, this shall also constitute the seller's authorization for Parfum Bazar to accept a buyer's offer for the changed price quote. In addition, Parfum Bazar is entitled to freely select, edit and further use the presentation and details of the item for sale.
The seller authorises Parfum Bazar to make and receive declarations of intent on his behalf within the framework and in connection with a sales contract with regard to the respective sales item and to make the necessary declarations and take the necessary measures for the execution and execution of the contract. This applies in particular to the acceptance of the Buyer's offer and the receipt of a declaration of revocation by the Buyer.
The Seller shall be entitled to revoke the powers of attorney granted to Parfum Bazar in these General Terms and Conditions at any time in writing without stating reasons. An e-mail to firstname.lastname@example.org is sufficient in written form. If the revocation does not take place electronically to the aforementioned e-mail address, this is to be addressed to:
c/o Beauty Traders Lux Germany Ltd.
132-134 Great Ancoats Street
Suite 33854 ABC
Manchester M4 6DE
The revocation becomes effective upon receipt by Parfum Bazar.
The Seller hereby authorises Parfum Bazar to enter into a purchase agreement on its behalf with Parfum Bazar in respect of the purchase price claim of the Seller existing between the Buyer and the Seller. Parfum Bazar is hereby released by the seller from the restriction of § 181 BGB (German Civil Code) not to be able to enter into a legal transaction on behalf of the seller with Parfum Bazar in its own name or as a representative of a third party.
The contract of sale shall be concluded - without any further explicit declaration to the Seller and/or Parfum Bazar being required - together with Parfum Bazar's acceptance by Parfum Bazar (acting as representative of the Seller) of the Buyer's offer to purchase an item for sale, if Parfum Bazar expressly declares its acceptance of the Buyer's offer on behalf of the Seller by confirming shipment to the Buyer. It shall refer to the respective purchase price agreed in the contract of sale between Parfum Bazar (acting as the Seller's agent) and the Buyer for the Product to be sold, less the commission referred to in Clause 9 and the other costs referred to in Clause 10.
The Seller hereby assigns to Parfum Bazar the purchase price claim against the Buyer on the basis of the purchase contract concluded between the Seller represented by Parfum Bazar and the Buyer pursuant to Clause 1.6 of these GTC and Clause 6.4 of these GTC, and Parfum Bazar accepts the assignment. As the purchase price for the claim, Parfum Bazar shall pay the seller the claim (purchase price claim against the buyer) less a discount of 3% of the purchase price.
A framework agreement for the permanent purchase of receivables by Parfum Bazar is not hereby concluded. The claim is sold and assigned without recourse, i.e. Parfum Bazar is not entitled to claim any non-payments or reduced payments by the Buyer from the Seller or to reduce the purchase price in the event of the Buyer's lack of creditworthiness (with the exception of the commission under Clause 9 and the other costs under Clause 10); Parfum Bazar bears the risk of the Buyer's default. The Seller shall be liable to Parfum Bazar for the veracity, i.e. the stock, of the purchase price claim.
If a Buyer revokes the purchase agreement concluded between the Buyer and the Seller (represented by Parfum Bazar) on the basis of a right of revocation granted or statutory right of revocation, the purchase agreement shall also expire retroactively with respect to the purchase price claim. Any payments already made by Parfum Bazar to the Seller on the basis of the purchase agreement in respect of the purchase price claim shall be immediately refunded by the Seller to Parfum Bazar to the account specified by Parfum Bazar.
§ 7. Purchase right of Parfum Bazar
Parfum Bazar may also offer for sale, directly and independently, a sales item sent by the seller or intended for sale as a buyer of the sales item. For this purpose, Parfum Bazar acquires the item for sale at the price specified by the seller in the sales form pursuant to Section 2.7, Sentence 2, which is deemed to be the binding purchase price ("self-entry"). Parfum Bazar is thus exempt from the ban on self-contracting under §181 BGB. In this case, the sales contract for the item to be sold is concluded between the seller and Parfum Bazar. Parfum Bazar will inform the seller by e-mail of the self-entry and the conclusion of a corresponding sales contract between the seller and Parfum Bazar.
Even in the event of the aforementioned self-entry, Parfum Bazar shall be entitled to deduct the commission pursuant to Clause 9 and any further costs pursuant to Clause 10 from the purchase price stated and to pay the seller only the net purchase price (sales price without commission and further costs) to the account stated by the seller. In the event of self-employment, Parfum Bazar will therefore place the seller in the same economic position as if a third party had submitted an offer for the item to be sold which had been accepted by Parfum Bazar as the seller's representative.
§ 8. Default in performance of the purchase contract
Parfum Bazar merely mediates the purchase contract between the buyer and the seller and concludes it with the buyer on behalf of the seller. Parfum Bazar itself shall not become a party to the contract of sale (except in the case of self-employment pursuant to Section 7.1 of these General Terms and Conditions).
If, in Parfum Bazar's opinion, the sales item is a plagiarism or otherwise infringing product, Parfum Bazar shall be entitled to report this to the presumed right holder and/or the prosecution authorities, disclosing the identity of the seller. Parfum Bazar is also entitled to inform the buyer that the contract of sale has not been concluded in respect of this item intended for sale. The same shall apply in the event that the sale item was not the sole property of the seller or the seller does not act on the basis of a corresponding power of attorney from the owner and the seller has not been authorised to sell by the (co-)owner.
If, upon Parfum Bazar's request, the Seller does not ship the Goods to Parfum Bazar in accordance with Clause 4 when using route B ("Self Selling"), as owed to Parfum Bazar, or does not ship the Goods to Parfum Bazar in a timely manner, Parfum Bazar shall be entitled to notify the Buyer that the Seller has failed to perform for Parfum Bazar in respect of the Goods and that there is no contract of sale between the Buyer and the Seller (represented by Parfum Bazar) in respect of the Goods. Any further claims of the Buyer against the Seller shall remain unaffected and shall be settled by the Seller with the Buyer.
The provision under Section 8.3 shall apply mutatis mutandis in the event that the quality of the sales item sent by the seller to Parfum Bazar differs from the sales item data or, if applicable, from the item image (e.g. in terms of size, designer, type of goods, condition, etc.).
In the event of revocation by the Buyer or any other permitted return, Parfum Bazar may, at its sole discretion and within the framework of an existing power of attorney from the Seller, either offer the item for sale again, in particular via the Parfum Bazar website, in order to receive an offer to buy from another Buyer, or terminate the sales order. Parfum Bazar will notify the seller accordingly by e-mail.
§ 9. Take-back / return
The seller is obliged to take back the corresponding articles in all cases in which, according to the aforementioned regulations, no sales order is concluded after an article has been sent or this order subsequently expires due to termination or other reasons.
In such cases Parfum Bazar will return the item(s) to the address provided by the seller. The cost of returning the goods shall be borne by the seller. Only in the event that Parfum Bazar does not accept a sales item although it complies with Parfum Bazar's sales guidelines (i.e. the requirements described in Clause 2.2 of these General Terms and Conditions) will Parfum Bazar bear the shipping costs incurred.
Parfum Bazar will inform the Seller of the impending return.
If one or more items cannot be delivered to the address provided by the Seller and if, upon written request, the Seller does not provide a serviceable address within 4 weeks and/or the item(s) cannot be successfully delivered even if a new delivery attempt is made after the expiry of these 4 weeks, the item(s) will become the property of Parfum Bazar.
§ 10. Commission from Parfum Bazar
The seller owes Parfum Bazar a commission for each purchase contract brokered or concluded on behalf of the seller. The commission shall also be due in the event that Parfum Bazar itself purchases a sales item from the seller (self-regulation pursuant to Clause 7.1). This excludes items that have been re-entered within seven days of receipt of the order using the "Re-enter" function provided in the profile.
The commission is due in full upon conclusion of the purchase contract. The amount of the commission depends on the amount of the sales price and is calculated according to the following scale.
If the sales contract is not executed in whole or in part for reasons for which the seller is responsible, or if the sales contract is not concluded, Parfum Bazar shall continue to be entitled to the full commission plus the shipping costs for outward and return shipment. The circumstances for which Parfum Bazar is responsible include, but are not limited to, a deterioration in the condition of the item sold prior to its receipt by Parfum Bazar, a deviation of the actual properties of the item sold from the data on the item sold provided by the seller or, if applicable, the images of the item and the improper, incomplete or non-existent receipt of the item sold by Parfum Bazar.
Any separately invoiced fees agreed with the seller shall remain unaffected by the above commission claim and shall be paid additionally by the seller.
§ 11. Further cost
When using the "Concierge Service", the Seller shall owe Parfum Bazar a one-off handling fee of EUR 15 per item sold. This processing fee will also be charged if the seller reclaims his item within 12 months. If an item has been presented on the Parfum Bazar website for more than 12 months and has not been sold, the seller has the right to reclaim the item; the 15 EUR fee will not be charged in this case.
In the case of concierge orders received from a user from one of the following Member States of the European Union, an additional shipping / handling fee of 25 EUR must be paid. This fee will be deducted from the proceeds of the first sale. If there is no sale within 12 months, the fee will be charged separately. The items sent in will only be returned to the seller after complete invoicing or payment.
For Parfum Bazar unsolicited sales items or goods sent and / or the sending of sales items that do not comply with the specifications in Clauses 2.2 and 2.3, the seller owes a processing fee of 30 EUR per sales item plus the costs of any return in accordance with Clause 5.3 of these provisions. The returned items will only be returned to the Seller after full settlement or payment.
In the case of plagiarism with a selling price of up to 500 EUR, a handling fee of 60 EUR shall be due; in the case of plagiarism with a selling price of 501 EUR or more, a handling fee of 120 EUR shall be due.
§ 12. Settlement and payment
Parfum Bazar shall transfer the purchase price agreed with the Seller for the purchase price claim sold and assigned in accordance with Clause 6 (i.e. the purchase price for the sales item less the commission in accordance with Clause 9 and any other costs in accordance with Clause 10 ("net purchase price")) to the bank account specified by the Seller and shall prepare a corresponding statement of account for the Seller.
The net purchase price shall be paid to the Seller at the latest by the end of the week following the assignment of the purchase price. Parfum Bazar shall not owe interest for the period between the purchase of the claim and payment of the net purchase price.
Parfum Bazar shall be entitled to set off the Seller's claims against its own claims outside or in connection with the purchase of the claim. Parfum Bazar is also entitled to a right of retention in the event of outstanding claims against the seller.
§ 13. Liability and indemnity
The user shall have unlimited liability to Parfum Bazar in accordance with the statutory provisions.
The user shall also indemnify Parfum Bazar against all claims and demands of third parties asserted on the grounds that a sales item for which Parfum Bazar has been commissioned by the buyer to sell has been sold,
- infringes the rights of third parties, in particular trademark rights, design rights or copyrights of third parties,
- is not the sole property of the seller and/or is not free from the rights of third parties,
- is defective and/or does not correspond to the agreed quality, and/or
- article pictures, other photographs or illustrations and/or texts provided by the seller Parfum Bazar violate the rights of third parties, in particular copyrights or ancillary copyrights.
If claims for damages are brought against Parfum Bazar for infringement of the rights of third parties or in any of the other cases referred to in 12.2, the seller is obliged to indemnify Parfum Bazar in this respect, insofar as Parfum Bazar is not at fault, and in addition to fully bear or reimburse all costs incurred as a result (including legal and defence costs). In the event of claims against Parfum Bazar by third parties, the seller must provide Parfum Bazar immediately, completely and truthfully with all information and documents necessary for the examination of the claims and the defence.
In all other respects, Section 9 of the General Terms and Conditions shall apply.
§ 14. Data protection
When collecting, storing and processing the personal data of users, we observe the statutory provisions. Further details can be found in our data protection declaration.
§ 15. Sonstiges
If a provision or parts of a provision of these GTC are invalid, the remaining provisions or parts of the provision shall remain unaffected.
Parfum Bazar may transfer all obligations and rights arising from the contract with the user in whole or in part to third parties. Parfum Bazar will inform the user of this in good time in advance. The User may object to the transfer within 14 working days of receipt of the information for a justified reason.