General Terms & Conditions of bygora
How is a contract with bygora concluded?
What is required for me to be allowed to trade on the bygora Marketplace?
Do Buyers have to pay for the usage of the bygora Marketplace?
Do Sellers have to pay for the usage of the bygora Marketplace?
Can I try out the Seller Account at discounted rates?
How much is the commission from bygora on my sales and is this offset against my monthly usage fee?
As a seller, how do I pay my monthly usage fee and commission?
- for the payment service provider Stripe at https://stripe.com/de/legal and https://stripe.com/de/privacy;
- for the payment service provider PayPal at https://www.paypal.com/de/webapps/mpp/ua/Useragreement-full and https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Can I add additional Users as a buyer or seller?
If you want to work as a team on the bygora Marketplace, you can add more people. For security reasons, each User needs his own account. Please contact bygora for more information.
When does the invoice from bygora have to be paid?
What is the duration of the contract for Buyers?
What is the duration of the contract for Sellers?
How can I terminate my contract with bygora?
How does the bygora Marketplace work?
On the bygora trading platform (“bygora Marketplace“), entrepreneurs (within the meaning of § 14 of the German Civil Code) can offer goods for sale to other Users of the bygora Marketplace (User of the Buyer Account and Seller Account in this case together referred to as “Prospective Buyer“) at a price set by the User of the Seller Account. Furthermore, the Users of the bygora Marketplace can conduct contract negotiations on the bygora Marketplace and subsequently conclude a purchase contract under the contract conditions stipulated by the User of the Seller Account or jointly negotiated.
If this is too “legal” for you – on the bygora Marketplace a Seller can offer goods and a Buyer can buy these goods. Seller and Buyer can also conduct contract negotiations, which are saved by bygora. Furthermore, bygora offers the possibility that the purchase price can be paid directly on the bygora Marketplace via a secure escrow account. Contact us if you would like to have the services and advantages of the bygora Marketplace explained to you personally. Our sales team is looking forward to hearing from you!
Sale of goods with fixed prices,
The goods can be offered by the User of a Seller Account at a purchase price determined per quantity unit of the goods. The Prospective Buyer can select goods from the offer of a User of a Seller Account and collect them in a so-called shopping cart via the button “add to cart”. By clicking the button “Place order”, the Prospective Buyer submits a binding acceptance to the User of the respective Seller Account to purchase the goods saved in the shopping cart. Before placing the order, the Prospective Buyer may view and change the data at any time. The contract conditions specified by the User of the Seller Account apply to the purchase contract; bygora has no influence on these contract conditions. After clicking the ” Place order ” button, bygora sends the Prospective Buyer an automatic order confirmation by e-mail, in which the order of the Prospective Buyer is listed again and which the Prospective Buyer can print out using the “print” function. The automatic order confirmation sent by bygora in the name of and with effect for and against the User of the Seller Account constitutes the acceptance of the offer by the User of the Seller Account. The User of the Seller Account is obliged to treat the order confirmation sent by bygora as if he himself had submitted the order confirmation to the Prospective Buyer. Furthermore, the User of the Seller Account is obliged to keep the goods and prices offered on the bygora Marketplace up to date at all times and to ensure that he can fulfil the purchase contracts concluded via the bygora Marketplace.
As a Seller, you can offer goods at a fixed price. As a Buyer, you can purchase the goods directly from the Seller via the bygora Marketplace. To facilitate processing for both parties, the order confirmation from bygora is deemed to be the declaration of acceptance on behalf of the Seller. If you are a Seller, it is in your own interest to always keep your stock of goods offered at fixed prices up to date.
Sale of goods with contract negotiation
The goods can be offered by the User of a seller account without setting a purchase price. In this case, the Prospective Buyer can ask the Seller for an offer via a communication tool integrated in the bygora Marketplace (“bygora Messenger“) using the button “request quote” or submit an offer to the User of the Seller Account. If the User of the Seller Account and the Prospective Buyer agree, the User of the Seller Account can create a custom order via the bygora Marketplace, which the Prospective Buyer can accept on the bygora Marketplace. For the purchase contract, the contractual conditions negotiated between the User of the Seller Account and the Prospective Buyer on the bygora Messenger apply and are to be taken into account by the User of the Seller Account when creating the purchase offer; bygora has no influence on the contract negotiation or the contractual conditions. The Prospective Buyer can accept the purchase offer by pressing the button “Place order”. bygora then sends the Prospective Buyer an automatic order confirmation by e-mail, in which the order of the Prospective Buyer is listed and which the Prospective Buyer can print out via the function “print”. The User of the Seller Account is obliged to treat the order confirmations sent by bygora as if he himself had submitted the order confirmation to the Prospective Buyer. Regarding goods offered on the bygora Marketplace, the Users are not entitled to conclude a sales contract or other sales contracts outside of the bygora Marketplace. Furthermore, with regard to goods offered on the bygora Marketplace, the Users are not entitled to conduct the contract negotiations with other means of communication than the bygora Messenger; should the Users infringe this rule, the Users mutually acknowledge that the correspondence beyond the bygora Messenger does not become the basis of the contract or content of the contract.
If you are a Seller, you can offer your goods on the bygora Marketplace. As a Prospective Buyer, you can enter into contract negotiations with the Seller. For this purpose, you use our bygora Messenger, which records the contract negotiations. If you agree with the other contracting party, the Seller can create a final custom order, which the Prospective Buyer can accept on the bygora Marketplace. In order not to jeopardize the special functions and the special transaction security of the bygora Marketplace, goods offered to another User on the bygora Marketplace may not be purchased by Users beyond the bygora Marketplace nor may any means of communication other than the bygora Messenger be used. It is in your own interest to comply with these provisions.
Data backup through the bygora Messenger
The User of the Seller Account and the Prospective Buyer are obliged to conduct contract negotiations exclusively via the bygora Messenger. The bygora Messenger saves information on the persons involved in the negotiation, the date and time of the communication as well as the content of the communication with regard to the sale of goods. With the creation of a purchase offer by the User of the Seller Account, the relevant correspondence on the bygora Messenger is automatically attached to the purchase offer as a PDF-document and made the basis of the purchase contract.
The bygora Messenger logs your communication with other Users and when you conclude a contract, a log is automatically created from the communication, which is attached to the purchase contract. Thus, the contract negotiations as well as the content of the contract are recorded, even if there is ever a dispute about a purchase contract or contract content.
As a seller, you may choose from the payment service providers offered on the bygora Marketplace for the transaction. From an amount of EUR 10,000.00, however, special regulations apply (e.g. anti-money-laundering provisions), so that we have formed a partnership with Escrow.com to simplify processing and increase transaction security. Payments of up to EUR 10,000,000.00 can be processed here. For the use of Escrow.com fees are incurred, which are to be borne by the Users.
The delivery of the goods is to be agreed by the parties directly via the bygora Messenger as part of the contract negotiation and is to be carried out by the parties independently of the bygora Marketplace in accordance with the agreed conditions.
You can negotiate the transport of the purchased goods yourself with the other contracting party. Likewise, you can handle the transport yourself.
Will my data be treated confidentially?
bygora undertakes to treat as confidential all commercial, technical or other company-related information requiring secrecy which is disclosed or made accessible to bygora as a result of the business relationship and which is not intended for publication as a result of the use of the bygora Marketplace, and to use such information exclusively for the purposes of the business relationship and to pass it on only to those employees who are obliged to observe confidentiality.
bygora undertakes not to pass on confidential information to third parties or make it accessible in any other form, unless expressly stipulated otherwise, or unless this is required by the use and functioning of the bygora Marketplace, and to take all reasonable precautions to prevent access by third parties.
All information that the User discloses or makes accessible to bygora, which is expressly designated as confidential or which is recognizable as trade secrets to a reasonable third party due to its content (“Confidential Information“), is subject to confidentiality. The obligation to maintain confidentiality shall not apply or no longer to information which demonstrably (i) is or becomes publicly accessible without this being the responsibility of bygora, (ii) was already available to bygora at the time it was obtained or was subsequently compiled by it independently of the transmission by bygora, (iii) was obtained from a third party without breach of a confidentiality obligation, provided that, to the knowledge of bygora, the third party does not breach any duty of confidentiality by transmitting the information, or (iv) was developed by bygora independently and without recourse to Confidential Information, or (v) the User has consented to the transmission in text form or on the basis of the functioning of the bygora Marketplace. The burden of proof for the existence of one of the above exceptions is borne by bygora.
The User retains ownership and all other rights to the Confidential Information, whether protectable or not. Upon the User’s request, bygora shall return the received embodied Confidential Information, to the extent it is not part of the Buyer Account, as completely as possible. bygora may instead destroy or delete the Confidential Information. In this case, the destruction or deletion must be confirmed in writing upon request. This obligation shall not apply to Confidential Information (i) stored in routine backups, (ii) required to be retained by law, regulation, court order and/or governmental authority, or (iii) copies of Confidential Information retained by bygora for records purposes. The confidentiality obligations under this Agreement remain unaffected.
When is data from bygora Messenger released or deleted?
Does bygora take business decisions off my hands?
Are my sales on the bygora Marketplace subject to sales tax?
Is the bygora Marketplace always and continuously available?
What is the liability of bygora?
Does bygora use subcontractors?
What happens in the event of force majeure?
What happens if I do not comply with the rules of the bygora Marketplace?
Do I receive any rights to the software or to the bygora Marketplace?
May I collect information provided on the bygora Marketplace?
Why do the T&Cs of bygora apply exclusively?
What other general provisions are there?
Michael Koid (CEO bygora)