General Terms and Conditions for Merchants

 

1. General Provisions and Scope of Application

Pantercon GmbH, Walchseestrasse 8, 6342 Niederndorf, Company Registration No.: 535239t, (hereinafter "marketplace operator") operates an online marketplace at https://panterzone.com where commercial merchants, service providers, real estate agents, and accommodation businesses (collectively referred to as "merchants") can sell their goods, services, properties, and holiday offers, as well as post job advertisements (collectively referred to as "products"), which can be viewed and purchased by natural and legal persons (hereinafter "customers" or "users").

Use of the offered services is subject exclusively to the following General Terms and Conditions (hereinafter "GTC"). General terms and conditions or other unilateral declarations by the merchant shall not form part of the contract. The GTC govern the legal relationship between the marketplace operator and the merchant, and therefore apply to all current and future transactions between both parties, even if no specific reference is made to them each time. The business language is German. Communication is agreed in writing via email or contact form.

By signing the order form or completing the online process, the aforementioned GTC are accepted and the usage agreement between the merchant and the marketplace operator is considered concluded.

 

1. Term and Termination of the Merchant Usage Agreement

2.1 Term of the Merchant Usage Agreement, Due Date

The merchant usage agreement is concluded for an indefinite period, with a minimum term of 1 month. The agreement is not automatically renewed and may be terminated at any time. If the usage fee is not paid manually at the beginning of the term plus 3 days, as well as at the beginning of each new month, the merchant and their listings will be set to invisible. The reference date for calculating the monthly period is the commencement date of the respective term. If the merchant terminates the usage agreement, the merchant account will be deleted within 4 weeks.

The merchant may use Panterzone free of charge and without restrictions for 3 months; the processing fee on sales is not waived. If no paid plan is selected after this trial period expires, the merchant account, including all listed products, will be set to invisible until a plan is selected and paid for.

The usage agreement ends automatically if the merchant revokes their consent to the privacy policy. Termination must be made in writing by email or to the address given in the Legal Notice.

 

2.2 Closure of Access to the Merchant Portal

A merchant portal will be processed within 4 weeks after the end of the notice period; ongoing transactions extend the processing period accordingly. The GTC and the privacy policy remain in force until the last transaction is completed.

The marketplace operator is entitled to use the merchant's personal and business data for the duration of the processing and any ongoing transactions, and thereafter to archive it in compliance with statutory retention obligations.

 

III. Prerequisites for Use

3.1 Merchant Data

The merchant is obliged to provide their details (company name, business address, tax number, GTC, legal notice, withdrawal notice, privacy policy) completely and correctly within 14 days of submitting the registration application. If this data changes, the merchant is obliged to update it immediately. Failure to do so will result in the merchant's profile being temporarily restricted until the missing data is supplied. The marketplace operator accepts no liability for missing or incorrect merchant data. Neither email addresses nor internet or shop links may be used as shop names. Information about the company is permitted exclusively in the mandatory legal notice, GTC, privacy policy, and withdrawal notice of the respective merchant.

The marketplace operator reserves the right to reject merchants on the grounds of insufficient product variety.

 

3.2 Security

The merchant is obliged to keep their access credentials to the merchant portal confidential and to protect them against unauthorised access by third parties. The merchant has no claims against the marketplace operator arising from the misuse of the marketplace by third parties.

 

3.3 Software

The marketplace operator is entitled to take the protected software out of operation without stating reasons; the merchant has no claims against the marketplace operator in this regard.

To use the marketplace, the merchant must make use of third-party services (e.g. network or mobile providers). Such use is subject to the terms and conditions of those providers; the associated costs are to be borne by the merchant.

 

3.4 Misuse by the Merchant

Any use of the marketplace that violates statutory provisions, the GTC, or ethical standards, or that damages the reputation of the marketplace, its users, merchants, or third parties, is prohibited.

The merchant is prohibited from directing users to their own website, web shop, or other ordering channels outside the marketplace, as well as from publishing promotional material in product mailings to users, web links, watermarks in images, etc. Violations may result in exclusion from the marketplace.

Merchants are prohibited from suggesting to customers, after receiving an inquiry or any contact via Panterzone, that transactions be conducted outside Panterzone. In cases of suspected off-platform transactions following prior contact through Panterzone, the merchant must credibly demonstrate that no such transaction took place.

 

3.5 Ratings

Marketplace users may submit ratings for ordered products and merchants. Any improper use or manipulation of the rating system is prohibited. In particular, it is not permitted to submit ratings about oneself or to have third parties submit such ratings.

 

1. Copyrights and Related Rights

4.1 Copyrights and Related Rights of the Panterzone Marketplace Operator

The rights to the software operating the marketplace belong to the marketplace operator or its licensors. The merchant may neither sell, copy, lend, manipulate, nor otherwise grant rights in the protected software. All content and services published on the website by the marketplace operator are protected exclusively by the copyright and related rights of the marketplace operator or third parties. Neither the merchant nor any third party commissioned by the merchant may appropriate protected content or use it outside the website without the prior written consent of the rights holders.

No copyrights or related rights are transferred from the marketplace operator or third parties to the merchant.

 

4.2 Copyrights and Related Rights of the Merchant

By submitting content for product listings, the merchant grants the marketplace operator the transferable right to use this content, without restriction, throughout the entire term of the agreement, within the marketplace and for the purposes of advertising the marketplace and the products offered thereon. The merchant is obliged to obtain any required consent from a third-party rights holder where necessary.

 

1. Product Listings, Service Listings, Real Estate, Travel Offers, Job Advertisements

5.1 Content of Product, Service, Travel, Real Estate and Job Listings

The offered products must be described correctly and completely in text and images, and must include all characteristics that are material to the user's purchase decision or acceptance. The merchant must assign the listing to the appropriate category. The marketplace operator reserves the right to correct any incorrect categorisations.

It is the merchant's responsibility to fulfil statutory information and product labelling obligations, to inform consumers about the existence or non-existence of a statutory right of withdrawal, and to ensure that prices and labelling comply with applicable law. Selling prices must include the statutory VAT and all other price components, but not delivery costs.

Neither marketplace fees under these GTC nor payment surcharges (e.g. for PayPal) may be added to the listed selling prices. Furthermore, the merchant must provide correct and complete information regarding payment and delivery terms.

It is prohibited to list or advertise products on the marketplace whose sale violates statutory provisions or ethical standards, or infringes the rights of third parties. The marketplace operator does not, as a general rule, check the products and content published on the marketplace for their legality and accuracy, and accepts no liability therefor. It reserves the right to remove product listings or other content that, upon becoming aware of them, are found to violate statutory provisions, ethical standards, or the GTC.

When offering real estate for sale, rent, or lease, the amount of any agent's fee, commission, deposit, ancillary costs, and other charges must be stated.

 

5.2 Product Listings for Medicinal Products

If the merchant offers non-prescription medicinal products on the marketplace, they are obliged to:

• inform customers about the proper use of the medicinal product;
• list the service hours for telephone consultations in the merchant profile and provide these free of charge;
• name the responsible pharmacist and the competent health authority in the legal notice;
• document incoming enquiries;
• fulfil the statutory obligations regarding the dispatch and safety of medicinal products.

 

1. Fees and Remuneration

6.1 Usage Fee

Depending on the plan selected, different costs apply for use of the marketplace. These vary according to the usage plan and can be found in the price list on our website https://panterzone.com or on the order form. The chosen plan is payable monthly (30 days) in advance.

 

6.2 Extra Packages

In addition, various banner advertising options may be booked. The available options and prices can be found in the price list on our website https://panterzone.com or on the order form. Packages may each be booked from the 1st of the following month, with a minimum term of 3 months, and are not automatically renewed.

 

6.3 Processing Fee

On every sale, 10% of the invoice amount is charged as a processing fee, which includes transaction costs. For sale values below €10.00 (excl. shipping), an additional €0.35 is charged. The fee is deducted directly from the purchase price reimbursable to the merchant.

The processing fee for the sale of real estate is 0.5% of the property price or one month's rent, and is invoiced after completion of the sale. These fees may not be passed on to the customer.

A refund of processing fees - for any reason whatsoever (e.g. cancellation by the customer) - is excluded. Invoices for processing fees are issued at the end of each month.

 

6.4 Remuneration of the Purchase Price

Remuneration of the purchase price is effected only after expiry of the withdrawal period and verification of the handover confirmation from the transport service provider. The customer may confirm proper delivery in advance via their customer account, whereupon the right of withdrawal lapses and the purchase price may be remitted to the merchant. Remuneration is not automatic; it must be requested in the merchant dashboard via the Payouts function.

Free of charge only applies where the remuneration is sent within the same payment method. For example, if the customer paid with PayPal, the marketplace operator transfers the amount without routing it through its own bank account. The remuneration is transferred to the merchant's PayPal account. If the merchant does not have a PayPal account, the amount is transferred to a bank account. The cost for this is €2.00 per transfer and must be borne by the merchant. A time delay must also be expected. For organisational and cost reasons, bank transfers are made from a total amount of €50.00.

If the merchant requests a payout below €50.00, €1.00 will be deducted for booking costs.

Payment for real estate transactions takes place directly between the agent or seller and the customer.

6.5 Cancellation Period

The cancellation period is 7 days from the conclusion of the usage agreement and is free of charge within this period. If the contractual relationship is dissolved at a later date, the usage fee for the current month is due.

 

VII. Assignment, Liability and Indemnification of the Marketplace Operator

7.1 Liability

The marketplace operator is neither a merchant of the products offered on the website nor does it act as a representative or agent for the purchase agreements concluded via the marketplace.

The order confirmation is prepared by the marketplace operator on behalf of the merchant. It accepts no responsibility for the content, accuracy, completeness, or currency of the listings created by the merchant. Likewise, it accepts no responsibility for the accuracy of order and dispatch confirmations, invoices, the enforceability of the purchase agreement, or any other situations arising from the transaction between merchant and customer.

The liability of the marketplace operator, its legal representatives, or its agents is excluded to the extent permitted by law.

In particular, the marketplace operator is not responsible and accepts no liability for:

• the availability of the marketplace;
• the compatibility of the internet service with the merchant's hardware or software, and any resulting damages;
• the completeness, accuracy, or currency of data, content, information, or ratings;
• the success of a product listing or advertisement;
• damages caused by the loss of content, information, or data;
• damages caused by the misuse of transmitted data by third parties;
• damages caused by input errors or data processing errors;
• damages caused by potential infringement of rights.

The marketplace operator is not liable for mildly negligently caused, atypical or indirect damages, loss of profit, consequential or financial losses, or damages caused by force majeure.

 

7.2 Indemnification of the Marketplace Operator

The merchant shall indemnify and hold harmless the marketplace operator from all claims and actions brought by third parties against the marketplace operator, whether in or out of court, arising from any infringement of rights in connection with the merchant's use of the marketplace. In such cases, the merchant shall bear all costs, including all court and legal fees.

 

VIII. Data Protection

8.1 General

By using the marketplace, the merchant accepts the following data protection provisions of the marketplace operator and expressly consents to the collection, use, disclosure, storage, and protection of their personal and business data. The merchant acknowledges that information, data, documents, trade secrets, and business secrets are subject to the protection of personal and business data. Only information that is expressly made available to the marketplace operator under a condition of confidentiality, is clearly marked as "confidential," and is not already publicly known or accessible shall be kept confidential. Exceptions apply to statutory obligations or the prevention of harm to third parties (e.g. imminent or actual insolvency).

 

8.2 Use of Data

The merchant expressly consents to the data, content, and information provided by the merchant, as well as all content published during use of the marketplace, being stored, processed, used, and evaluated by the marketplace operator for its internet services. The marketplace operator protects the stored data in accordance with statutory provisions and the state of the art. It is not liable for unlawful interference by third parties.

 

8.3 Disclosure of Data

By concluding the usage agreement, the merchant agrees that the marketplace operator may, in compliance with statutory data protection provisions, engage third parties both in the provision of its internet services and in the processing of data, and grants the marketplace operator consent to disclose data to third parties for these purposes. The third party to whom the data is disclosed is contractually obliged to comply with data protection provisions. The marketplace operator has no legal influence over compliance with data protection provisions by third parties, but will endeavour to prevent misuse of the transmitted data to the extent commercially reasonable. The marketplace operator is not liable for misuse by such third parties.

The marketplace operator reserves the right to publish rating data submitted by end users in search engines, portals, and social networks, either itself or through third parties.

Furthermore, the merchant expressly consents to the disclosure of their data to: government agencies such as the police, courts, authorities, consumer protection organisations, or other institutions authorised under §14 UGB to investigate unlawful activities of the merchant or content distributed by the merchant; and to credit protection agencies and officially authorised credit institutions for the purposes of credit checks.

 

8.4 Withdrawal of Consent

The merchant is entitled to withdraw their consent to the use and disclosure of their data at any time in writing by email to [email protected] or by post to the address given in the Legal Notice. Withdrawal does not affect the processing of any ongoing orders. Receipt of the withdrawal notice results in the immediate termination of the usage agreement and the blocking of access to the merchant portal.

In the event of withdrawal within 7 days of concluding the agreement, the usage fee will be refunded in full; in the event of later withdrawal, the usage fee for the current month is due.

 

1. Conditions for Concluding Agreements with Users

9.1 Offer, Conclusion of Agreement

The merchant is obliged to provide the customer with their General Terms and Conditions, privacy policy, and withdrawal notice prior to the conclusion of the purchase agreement. The marketplace operator sends an order confirmation in the name and on behalf of the respective merchant to the user, but does not at any point become a contracting party, and is not liable for the (non-)conclusion of an agreement or for any material or legal defects in the ordered product. The user must therefore assert all claims arising from the (non-)conclusion of a purchase agreement exclusively against the merchant.

 

9.2 Delivery

The merchant is obliged to keep the offered products available, or to keep the listings up to date, as well as to promptly notify the marketplace operator as soon as they become aware of any dispatch or delivery delay, and to initiate the dispatch process immediately upon receipt of the electronic or written information from the payment service provider.

The merchant shall provide the marketplace operator with relevant information (e.g. tracking number) for the preparation of the dispatch confirmation. The marketplace operator sends the dispatch confirmation in the name and on behalf of the respective merchant to the user or their electronic user profile, without carrying out any content review.

If an order is shipped in multiple partial deliveries, the user will receive a separate dispatch confirmation for each partial delivery. If orders are shipped in partial deliveries at the merchant's initiative, the merchant is not entitled to charge additional shipping costs for partial deliveries.

The further delivery terms for the user are governed by the merchant's own terms and conditions.

It is necessary for the merchant to set up shipping zones. If these settings are not configured, orders cannot be processed.

 

9.3 Buyer's Right of Withdrawal

The customer, who qualifies as a consumer within the meaning of consumer protection legislation, has the statutory right to withdraw from the purchase agreement within 14 days from the day on which they or an authorised third party takes possession of the ordered product, without giving reasons (hereinafter "right of withdrawal"). The legally binding provision of the model withdrawal form is the merchant's responsibility. The merchant is solely responsible for fulfilling all pre-contractual information and provision obligations. Withdrawal is handled directly with the merchant. The marketplace operator accepts no liability whatsoever.

 

9.4 Warranty, Guarantee, Damages, Returns/Complaints

Warranty, guarantee, or damages claims of the user arising from the purchase agreement in respect of products acquired via the marketplace, or from the breach of associated statutory or contractual obligations (e.g. product liability, labelling, etc.), as well as product returns and complaints, are to be handled directly with the merchant. The marketplace operator accepts no liability whatsoever.

 

1. Final Provisions

10.1 Confidentiality

Information that becomes known to the merchant in the course of the business relationship with the marketplace operator is subject to confidentiality. This does not include information that is generally known or publicly accessible. The merchant acknowledges that this confidentiality obligation survives the termination of the agreement.

 

10.2 Right of Amendment

The marketplace operator reserves the right to amend these GTC as well as the website and the scope of services of the marketplace at any time, including without stating reasons. The amended conditions will be sent to the merchant by email at least four weeks before they come into force. If the merchant does not object to the amended conditions within two weeks of receiving the email, the amended conditions shall be deemed accepted. An objection dissolves the contractual relationship between the merchant and the marketplace operator with immediate effect.

 

10.3 Severability Clause

Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby.

 

10.4 Place of Performance, Jurisdiction and Applicable Law

The place of performance is the registered office of the marketplace operator. The competent District Court of Kufstein shall have jurisdiction over all disputes arising from the usage agreement and business dealings with the marketplace operator. The law of the Republic of Austria shall apply to all legal relationships between the marketplace operator and the merchant. The UN Convention on Contracts for the International Sale of Goods and all foreign laws are excluded.

 

As of June 2021