Terms of Service

Myflohmark provides a market for juridical persons and partnerships (‘‘parties”) to sales proposal (“offer”) for all kinds of goods and services (‘‘goods”) (as such ‘‘retailer”). With this (as such ‘‘customer”) can emit as long as their contents, proposals or acqusitions don’t violate Myflohmarkt’s Terms and Conditions and the Myflohmarkt’s Principles. Myflohmarkt itself does not become a contract partner regarding the ones been signed between this marketplace’s users (‘‘parties”) nor can contribute. This, also applies to the new payment process on Myflohmarkt, according to the section 4.

Myflohmarkt, advertises Myflohmarkt’s services and other companies’ and third persons’ for this purpose that they have the right to these parties’ offers and content, thus they can advertise the said contents in websites, apps and via e-mails. E.g, this is needed for the offers or content to be displayed in websites or third party apps in order to do a price comparison or placement of advertisements.

Myflohmarkt has the technical right to process the proposals or other content from users in order to display them in mobile devices or on Myflohmarkt or third party apps. User’s proposals or other content can be ordered from other country’s Myflohmarkt services. Therefore the proposals and other content can be processed automatically. The merchandiser can prevent international buyer from purchasing the goods via indicating a client or excluding the transport area openly.
If a product, being proposed by Myflohmarkt’s service or sold, other than the Myflohmarkt’s service where the merchandiser is registered, It is optimal for the proposal or the process to be taken under the consideration of the customer’s country’s terms and conditions of Myflohmarkt and community guidelines (any buyer protection program included).

If a customer is to use Myflohmarkt’s services to buy a product in a place other than their registered country, Myflohmarkt’s terms and conditions and current principles (any buyer protection program included) are to be considered.

In despite of various security measures, any registeration of false information are to be cached or to be changed of a Myflohmarkt account can’t be ignored.

The proposals published with Myflohmarkt’s services and other user contents does not represent the views of Myflohmarkt and usually legality, accuracy and ineffectiveness are cannot be controlled by Myflohmarkt.

Myflohmarkt and its use of goods and services and Myflohmarkt’s individual functions and the measure of individual functions can be linked to these necessities: 
Verification of Log In data, expiration date, account type (private / commercial), rating profile status (detailed merchandiser points included), payment history and presentation of certain indications (e.g ID, purchase, proof of payment or ownership). Especially, Myflohmarkt can limit the purchase activity of a customer under certain terms and can also tie up the offer such as pre-validation.

Taking their rightful benefits into consideration, Myflohmarkt have the reserved right to keep the alteration of rules of their own market, as long as it is reasonable for the users. In those cases, Myflohmarkt takes the customer’s rightful benefits into consideration. B. via informing beforehand. 9th Section of Myflohmarkt’s terms and conditions (limitation of responsibilities) are not to be influenced by the edit stated above.

Users have the right of usage of Myflohmarkt services along the latest technology within. About the things related to the capacity limit, server’s security and integrity, Myflohmarkt has the right to limit their services if necessary and this, serves to the purpose of said services to work properly and better. (Maintenance work).

If case of an unforeseen system failure that prevents the usage of Myflohmarkt’s services, users will be informed respectively. Principle about technical problems, is about the trustification of related offices and renewing of these.

Maintenance works, stated at Section 1 (9), are not valid for the Edit at Section 1 (10). The offers that have ended during those maintenance works, are not to be renewed even though they cannot be proposed nor be bought in that time. No credit will be given.

The Customer, can use Myflohmarkt services to benefit from services such as installation and mounting from Myflohmarkt or its cooperation partners. The Retainers, can offer their additional services if it is eligible to Myflohmarkt Terms and Conditions’ 3rd article’s general rules. The Retainers can also use Myflohmarkt services to their own additional services ( e.g installation and mounting). The Retainer, being a part of its offer or via their cooperation partner also offers services such as warranty, warranty extension or crop insurance, should also consider whether the said services are with any comporable additional service provided by Myflohmarkt or its cooperation partners. Myflohmarkt is compliant to the retainer’s related offer.

Myflohmarkt’s customer services, are free to be used for complaints and other questions. They are also installed with an complaint management system for this aim. Myflohmarkt customer services takes all complaints into consideration and authenticate, inspect and take necessary precautions. They also inform the customer about this subject and its outcome. Myflohmarkt, looks through the civil complaint management system and reports

Registration and Myflohmarkt Account

In order to use Myflohmarkt services, you must have a registered account. Registration can be occurred with creating a Myflohmarkt account, that happens after acceptance of Myflohmarkt Terms and Conditions and Myflohmarkt Data Protection.Upon registration, an agreement between Myflohmarkt and the user ( from here on “User Agreement” ) will be signed. There is no right for a bargain on this matter..

Only juridical persons, partnerships and people with unlimited legal capacity are permitted to register. Especially minors must not be permitted to register to use Myflohmarkt services.

During registration, the required data from the user should be complete and true. Post Box can not be stated as adress. To use Myflohmark services for trade purposes or unaffiliated profession transactions, users are responsible for opening up a tradal Myflohmarkt account and provide the necessary informations for registration. If a user convert their private Myflohmarkt account for trade purposes, they are also responsible for trade edits for users within Myflohmarkt Terms and Conditions. They are responsible from the moment the conversion emerged.

Legal entity or partnership registration, can only happen with a real person that is indicated to be and authorized to represent. Upon registration of real persons, as the owner of the Myflohmarkt account, only individuals can be indicated. ( means not couples or family ).

If provided data during the registration are to be changed, users are responsible to update their Myflohmarkt account information.

Users need to keep their passwords to themselves and take precaution about the accessibility. Upon realisation of their Myflohmarkt accounts being used by third parties for ill-usage ( with proof ), users are responsible with notifying Myflohmarkt at once.

A Myflohmarkt account can not be transferred.

Myflohmarkt, reserves the right to delete Myflohmarkt accounts from missing or invalid registries after a reasonable time. Same thing is valid for long unused Myflohmarkt accounts. Before the deletion, Myflohmarkt will notify the user in time. If the account to be used afterwards, it will not get deleted.

As the part of Myflohmarkt services, Myflohmarkt have the access to varied informations about the user, including the personal informations. This includes the information such as contact or product informations that are transmitted as a part of Myflohmarkt services to make sure that Myflohmarkt services to be procured or processed ( this also include informations such as ratings, sales analysis etc. ).

Users, especially via Myflohmarkt and (if wanted) seller means, to recieve necessary information related (especially  another person’s contact information for a certain transaction) and performance and analyses for executing transaction ( like the offers a part of Myflohmarkt services related tot he other users of Myflohmarkt services ( such as the amount of impressions of an offer, sales rate or feedback rate).

Myflohmarkt, may transfer their user information (e.g according to Section 1(2) to advertise Myflohmarkt services via third parties) to make sure that Myflohmarkt services can be procured or if it is needed as statutory or contractual.

After the annulment of contract, information provided by the related user or obtained via the user’s usage of Myflohmarkt services will be deleted from the Myflohmarkt account. Even so, Myflohmarkt can keep those information if they are legally responsible or have lawful benefits, even after the annulment of the contract. The data bulk accounted from the way of use ( e.g sales statistics of a category ) are usually kept after the contract expires.

About the process of the personal information as it can be transferred to third parties and as an user that has data in data protection law, users will be informed by Myflohmarkt.

Usage of Myflohmarkt Services, Prohibited Articles and Content

The offers and their content ( especially the images and other information ) should be legal and should not violate the rights of any third parties. This responsibility is relied upon to the user itself.

For offers or advertisements ( on Myflohmarkt) of products that may violate the legal regulations, Myflohmarkt Principles, the rights of third parties or common sense is prohibited. Myflohmarkt, with being dependent to the terms that obviate the legal provisions, keeps the right to sell certain products to themselves. A person cannot manipulate their or third party offer prices nor cannot use multiple Myflohmarkt accounts or cooperate with other users to buy their own products.

It is not allowed to alter the way of function of Myflohmarkt services. E.g B. adding brand names or any other name inappropriately to (product’s) name or description. Principle for manipulating searc results

Retailers, have to list the products in their respective categories and should do it correctly and complete with their images and descriptions according to the principles. All specifications needed for buying and any baulk that may reduce the price of the offered product needs to be specified correctly. Also payment and shipping methods must be stated without any defects.

In ordert o help the retainers to publish their products easier and provide the consumers a more relatable buying experience, Myflohmarkt will keep some certain information ( images, product names, brands, logos, trade names, features and description etc. ). When a retainer publishes an offer provided by the data given by Myflohmarkt, the offer may get updated accordingly if these ( data ) change catalogue.

It is possible for offers to not get found right after they are published when they are searched via category search or with tags due to technical reasons. Myflohmarkt, keep the right to extend auctions up to 15 minutes to themselves. This right can not be used on public sales that are using commencement calendar.

Myflohmarkt enables for the user to search with certain criteria. If the user won’t pick one, search results will depend on parameters stated below and other things:

Buyer’s location, search inquiry, user’s searched Myflohmarkt page and search history;

Product location, offer configuration, price, shipping amount, refund requirements, related product’s number of sales and its relevance to the search;

It’s suitability to Principle for listing articles, detailed retailer points, suitability to other Myflohmarkt principles and defective fraction included retailer’s sell history;

Also, an offer will always show up if the retailer accepts to an additional advertisement fee. These offers will be marked as “Ad ( Advertisement ) “. More information about the “Advertisement” marketing tool.

Product descriptions and used images can only refer to the offered product. It is not allowed to advertise products that hasn’t been published on Myflohmarkt. When using Myflohmarkt services, retailers can not use seal of approval, warranty mark or other marks belonging to third parties unless it has been allowed by Myflohmarkt to do so.

Tüketicilere mal veya hizmet sunan ticari satıcılar, tüketicilere yasal olarak gerekli tüketiciyi koruma bilgilerini sağlamak ve yasal cayma hakkının varlığı veya yokluğu konusunda bilgilendirmekle yükümlüdür.

The published product’s price includes taxes and other fees, meaning its the final price. Shipping fee is considered separate ( not included ).

Retailers are not allowed to take additional cut for Myflohmarkt fee, Paypal fee or from buyers ( directly ).

Users cannot use addresses obtained with using Myflohmarkt services, e-mails and other contact information except for contacting during contract or before. Especially if the related user did not openly agree or object (thereunder) the related legal provisions, reselling of these data or to be used to send advertisements is not allowed.

Users are to be responsible for information that can be displayed via usage of Myflohmarkt services and to be kept hidden by Myflohmarkt, for the protection of evidence, keeping booked, or vital for any other purposes; to be archived in a place independent from Myflohmarkt.

Users cannot obstruct, overwrite or change any content that has been created by Myflohmarkt or from other users; ( especially if it is gonna cause an overload in Myflohmarkt’s infastructure ) cannot intervene Myflohmarkt services in any way.

Myflohmarkt buyer protection, protects the buyers according to Myflohmarkt Buyer Protection Principle.If the product does not arrive, different from the product description significantly or there was a problem with the return. As a part of the new payment transaction, Myflohmarkt, in case of an successive buyer protection application, will instruct the responsible Myflohmarkt payment service provider to make a refund on behalf of the retailer to the buyer. Retailer, are responsible to refund the amount that has been stated on Myflohmarkt. In this case, if the retailer cannot afford the current payment method or with the future current payment amount is not enough, Myflohmarkt has the right to absorb the sum from registered payment methods in order to encash.

Payment Process on Myflohmarkt

As a part of the new payment processing system, Payment service provider companies working with Myflohmarkt, processes on behalf of the retailers for processes taken place in Myflohmarkt. For this purpose, while registering for payment process, retailers draw up with Myflohmarkt Payment service providers for an agreement based on Terms of use for payment processing.In this context, to prevent money laundering of retailers and for other regulations, authentication and in order to authenticate the person’s itself and/or information about their company are being demanded. The usage of payment process by Myflohmarkt Payment service provider companies, is a prerequisite for using Myflohmarkt services as a retailer for all the offers a payment process can take place.

Customers can use any payment method provided by Myflohmarkt to pay with the given time. Due to risk assessment, some individual payment methods may not be provided on personal situations. The tasked Myflohmarkt Payment Service Provider Company will take the sum on behalf of the retailer and transfer it to the retailer. With the new payment processing system, customers can also recall, cancel the purchasing transaction or open up a Myflohmarkt buyer protection case.

Related to the new payment proccess, Myflohmarkt, can demand the responsible Myflohmarkt Payment Service Provider Company, in order to hedge ( E.g during an open buyer protection case ), to retain a certain part of the sum.

Sanctions, preclusion and rescission

Myflohmarkt has a user’s legal regulations, third-party rights, Myflohmarkt terms and conditions, Myflohmarkt principles or terms of use for payment processing as a retailer in Myflohmarkt, Myflohmarkt also has another legitimate interest to protect the users especially from fraudulent activities:

Erasing the offers, ratings or other content

User advice

Delay of publishing offers or other content

Concealing the offers on search results page ( temporarily)

Limiting the usage of Myflohmarkt Services, especially buying actions   ( the necessity of confirming the offers included )

Taking back the private ( special ) retailer status

Temporal suspensions

Permanent suspensions

While deciding on the measure, Myflohmarkt takes into consideration if the user had a history of fraudulent activities, especially if there are any indicators that shows the user is responsible for the violation or not.

Myflohmarkt can omit an user from using Myflohmarkt Services permanently   ( permanent obstruction ) under circumstances stated below:

Negative points over and over or little to no detailed retailer ratings and suspension is needed to protect other users’ benefits

Wrong contact info indicated

Were to hand over their Myflohmarkt account or a third party having access to the account

Significant damage to Myflohmarkt or other users

Constant violation of Myflohmarkt Terms and Conditions, Myflohmarkt principles or ( as a retailer ) terms of use for payment process on Myflohmarkt

Or any other illegal reasons.

After a permanent suspension of an user, the suspended Myflohmarkt profile or the review profile cannot be recovered. ( no permission to do so )

Users can annulthis user agreement anytime.

Myflohmarkt can legally annul the user agreement till the end of the month with a 30 days beforehand notification time. About retailers, Myflohmarkt usual rescission, would legitimatize any reason inflicting due to Myflohmarkt Terms and Conditions § 5 Paragraph 1 and Paragraph 2. The right to suspension and unaccountable rightful termination stays untouched.

When an user gets suspended or the user agreement gets annulled by Myflohmarkt, this user can not use Myflohmarkt services with it’s other Myflohmarkt accounts nor sign in anymore. The Suspension or the annulment has no effect on the already signed agreement’s activity on Myflohmarkt market.

Myflohmarkt, especially in a limitation, suspension or annulment situation, If came up with a measure stated in § 5, ( see Myflohmarkt Terms and Conditions § 1 Paragraph 13), users, as a part of the Myflohmarkt’s internal complaints management process, have the opportunity to review the facts and the circumstances underlying the measure ( see § 1 Paragraph 13 Myflohmarkt Terms and Conditions ).

Prices

Myflohmarkt takes the retailer’s price to offer the product and additional options. If a product gets sold, the retailer have to pay Myflohmarkt selling commission. Along the individual fees, the selling commission is bound up to current pay plan.

Alongside the individual, the selling commission should also be paid immediately and can be paid by the payment methods accepted by Myflohmarkt. Prices for ongoing services (e.g a Myflohmarkt store ) should be invoiced beforehand. If debt recovery fails, the user, being responsible for the failure, has to pay the attendant expenses back to Myflohmarkt.

As a part of the new payment processing system on Myflohmarkt, the charges and requisitions caused by this agreement can be balanced by the responsible Myflohmarkt service provider company with the retailer’s current or the future payment amount.

Myflohmakt invoices the incurred fees and selling commissions monthly. Myflohmarkt, informs the retailer via e-mail that the related bill is ready. Retailer, can review the whole bill from their Myflohmarkt account.

Retailers, 30 days after the notification of the bill will be considered delinquent without another reminder.

Retailers are not allowed to bypass the Myflohmarkt’s fee structure. More information about bypassing fees.

Myflohmarkt, with the user being responsible for the violation, keeps the right to demand a payment for deleting the offers or other content or enjoining the users to themselves, unless the user proves that no damage has been occurred or much more lower than what is implied. Myflohmarkt can also demand a fee to reactivate a blocked Myflohmarkt account. 

Myflohmarkt can change the fee and selling commissions anytime. Users will be informed before the price changes take place in due course of time.

International Posting of Offers

Myflohmarkt, with using Myflohmarkt services, provides the users several bid formats and functions in order to start or finalize the offers. Retailers have the option to publish their product international with Myflohmarkt services. In order to do this, retailer can move a product directly to another Myflohmarkt website. There is also an option for international shipping for discontinued products.     It is admissable due to Myflohmarkt Terms and Conditions Section 1 Paragraph 3 and also Principle for international posting of offers on Myflohmarkt.

Rating

After completing a process, users can rate each other in a way which all the other users can have see ( access to ). Consumers, can use seller ratingpoints to point out to the individual ways of the retailer. Reviews are not verified by Myflohmarkt and may contain false or misleading information.

Users, are obligated to contain only true ( accurate ) information in their reviews. Reviews sent by the users have to be fact-based therefore shouldn’t be defamatory.

Any kind of inappropriate usage of the rating system is prohibited. Especially, forbidden:

Posting reviews about yourself or employing a third person to do the same.

Including the terms of the related process to any other unrelated reviews.

Usage of reviews for other than transactions on Myflohmarkt Services.

Forcing the other users to put in action, intolerating or staying still with threatening them to give ratings or not.

Services status and ratings policyis in force for removal of ratings.

Limitation of Liability

Myflohmarkt is in compliance to be accountable if Myflohmarkt’s legal representatives, executives or other deputies either on purpose or grievous neglections. Same goes for assuming responsibilities of insurances or other strict liabilities and demands within the Product Liability Law or life, limb or an afflicted traumatisation. Myflohmarkt is fundamentally responsible of violations of basic contractual obligations caused Myflohmarkt’s representatives, executives and simple proxy representatives, in other words, obligations that the user relied upon on others in order to execute the agreement properly, but in that case, typically occurring, the amount payable is limited to only foreseeable damage.

Myflohmarkt’s any other liabilites have been kept excluded.

To the extent that Myflohmarkt’s liability being excluded or limited, the same applies to the legal representatives’, executives’ and simple proxy representatives’ individual responsibilities.

Exemption

The User exempts Myflohmarkt from all claims made by other users or other third parties against Myflohmarkt for violations of their rights due to offers and other content published by the user through the Myflohmarkt services or any other use of Myflohmarkt services. The User bears the costs of legal defense including all court and attorney costs in the legal amount required by Myflohmarkt. This does not apply if the user is not responsible for the violation. In case of a claim been made by the third parties, the user is obliged to provide Myflohmarkt with all necessary information promptly, accurately and completely for the examination of the claims and for a defense.

Final Provisions

Myflohmarkt may use other Myflohmarkt likes to use the contract and use the rights Myflohmarkt has in this contract.

Myflohmarkt has the right to transfer its rights and obligations arising from this contractual relationship, in whole or in part, to a third party with a notice period of four weeks. In this case, too, the user has the right to terminate the contract free of charge and without notice in accordance with Section 5 (3) of these Myflohmarkt Terms and Conditions.

Myflohmarkt may propose changes to these Myflohmarkt terms and conditions at any time. Changes to these Myflohmarkt terms and conditions will be made available to the user in text form (for example, by e-mail) no later than 30 days prior to the proposed effective date. If the refusal is not notified in writing to Myflohmarkt before the proposed date for the changes to take effect, the user’s consent is deemed to have been given. If the user does not accept the changes, he has the right to terminate the agreement without notice and free of charge until the proposed time (see Section 5, Paragraph 3 of these Myflohmarkt Terms and Conditions). In the message where the changes are presented, Myflohmarkt specifically states the right of refusal, the deadline for this and the possibility of termination.

If individual provisions of these Myflohmarkt Terms and Conditions are or become invalid in whole or in part, this will not affect the effectiveness of the remaining provisions. The unincorporated or ineffective provisions of these Myflohmarkt Terms and Conditions are superseded by statutory law. If such statutory law does not exist in the relevant situation (a vacuum) or would lead to an unsustainable outcome, the parties will enter into negotiations to replace the excluded or ineffective provision with an effective provision that is as economically close as possible.

All statements made within the framework of the user agreement concluded with Myflohmarkt must be in written or text form (eg via e-mail). The user agreement containing these Myflohmarkt terms and conditions is governed by German law. Application of UN sales law is excluded. For consumers residing in the EU, the mandatory provisions of the consumer protection law of the member state of the consumer’s residence also apply, provided that they are more advantageous for the consumer than the provisions of German law.

Myflohmarkt is neither willing nor obligated to participate in dispute resolution procedures with consumers before a consumer arbitration board. Myflohmarkt is ready to work with the mediators listed here to provide out-of-court resolution of any dispute with commercial users; However, before initiating such a mediation process, business users should try to clarify their concerns regarding Myflohmarkt customer service (see § 1 No. 13 of these Myflohmarkt Terms and Conditions).

For users who are merchants within the meaning of the Commercial Code, a private fund under public law or a legal entity under public law, Potsdam is the exclusive jurisdiction for all disputes arising from the user agreement and these Myflohmarkt terms and conditions.

For users who are consumers, there is a jurisdiction where the user resides and Myflohmarkt has a place of residence. For all disputes arising from the user agreement and these Myflohmarkt Terms and Conditions, the additional jurisdiction Potsdam for consumers residing in Germany applies to consumers residing in Vienna, Austria and consumers residing in Bern, Switzerland. Myflohmarkt can only take legal action against consumers in the courts of their place of residence.

Have questions about our general terms and conditions? Then get in touch with us.