§ 1 Scope & Role of the Platform

These General Terms and Conditions apply to the use of the Ubuntu Market platform, operated by ImpaTechs IT-Services & Consulting, Oberhausenerstr. 66, 45476 Mülheim an der Ruhr (hereinafter "Platform Operator"). Ubuntu Market is an online marketplace that intermediates between independent vendors and customers. The Platform Operator acts solely as an intermediary and payment facilitator. The Platform Operator is not a party to the purchase contracts concluded between customers and vendors and is not the seller of the products offered on the platform.

§ 2 Conclusion of Contract & Contract Partner

The display of products on this platform does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum). By placing an order, the customer submits a binding offer to the respective vendor(s).

Your contract partner is the respective vendor, not Ubuntu Market. For orders containing products from multiple vendors, a separate purchase contract is concluded with each vendor for that vendor's items. Each contract is concluded when the respective vendor expressly confirms the order or dispatches the goods. Ubuntu Market merely facilitates the conclusion of these contracts and their payment.

§ 3 Prices and Payment

All stated prices are final prices in euros (€) and include statutory value-added tax (VAT). Shipping costs are shown separately. Payment can be made by prepayment (bank transfer), cash on delivery, card, SEPA Direct Debit, Giropay, or Klarna via Stripe Connect, provided these payment methods are offered.

For card, SEPA Direct Debit, Giropay, and Klarna payments, Ubuntu Market facilitates the payment via Stripe Connect. The charge is processed on the respective vendor's Stripe account, so the vendor is the merchant of record for that transaction and appears on the customer's payment statement. Where a cart contains products from multiple vendors, a separate charge is created for each vendor.

Ubuntu Market does not hold, escrow, or possess the customer's money at any time. The customer's payment flows directly from the customer to the respective vendor via Stripe Connect. Ubuntu Market's only financial role is to collect a 8% application fee (platform commission) which is automatically deducted by Stripe from each Stripe-processed transaction and routed to Ubuntu Market; the remaining 92% is settled directly to the vendor's Stripe account. This commission does not affect the price paid by the customer. The raw processing fees charged by Stripe are borne by the respective vendor, not by the customer.

§ 4 Delivery

Delivery is carried out by the respective vendor or their shipping service provider. Delivery times are stated in the respective product listing. The respective vendor is responsible for timely delivery and for any delivery delays. The Platform Operator is not responsible for delays caused by vendors, shipping service providers, force majeure, natural disasters, or strikes.

§ 5 Right of Withdrawal

Consumers have a right of withdrawal in accordance with § 355 BGB. You may withdraw from your purchase contract within 14 days without giving any reason. The withdrawal period begins on the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

The right of withdrawal is exercised against the respective vendor from whom you purchased the product, as that vendor is your contract partner. To exercise your right, inform the vendor (a clear statement by post or email is sufficient) of your decision to withdraw. You can also notify Ubuntu Market, which will forward your withdrawal to the respective vendor. You can find the model withdrawal form here.

Exceptions: The right of withdrawal does not apply to goods that can spoil quickly or whose expiration date would be exceeded, nor to sealed goods that are not suitable for return for health or hygiene reasons.

§ 6 Warranty

Statutory warranty rights apply. The warranty period is two years from delivery of the goods. The respective vendor is liable for defects in the products they sold. In the event of a defect, the buyer is entitled to subsequent performance (repair or replacement) from the vendor. If subsequent performance fails twice, the buyer may withdraw from the contract or reduce the purchase price. The Platform Operator is not the seller and assumes no warranty obligations for the products.

§ 7 Limitation of Liability

As intermediary, the Platform Operator is liable without limitation for damages resulting from injury to life, body, or health, as well as for intentional or grossly negligent breaches of duty. For slight negligence in the breach of essential contractual obligations, the Platform Operator's liability is limited to the amount of the typically foreseeable damage. Otherwise, liability of the Platform Operator is excluded.

The respective vendor is fully liable to the customer for their products, delivery, and any defects. The Platform Operator is not liable for the actions, omissions, product defects, or delivery failures of vendors.

§ 8 Dispute Resolution

The Platform Operator is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board. If a dispute arises between a customer and a vendor, Ubuntu Market may offer marketplace mediation to assist the parties in reaching a fair outcome. This does not affect the customer's statutory rights.

§ 9 Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction for all disputes arising from a purchase contract with a vendor is the registered seat of the respective vendor, provided the customer is a businessperson. For consumers, the statutory jurisdiction rules apply.

§ 10 Retention of Title (Eigentumsvorbehalt)

The goods delivered remain the property of the respective vendor until full payment of the purchase price has been made. The retention of title applies in accordance with § 449 BGB. Until ownership passes to the customer, the customer is obliged to treat the goods with care. Ubuntu Market is not the seller and does not retain title to the goods; title is reserved solely by the respective vendor as the contract partner.

1. Controller

The controller within the meaning of the General Data Protection Regulation (GDPR) is:

ImpaTechs IT-Services & Consulting
Oberhausenerstr. 66
45476 Mülheim an der Ruhr
Germany
Email: info@ubuntumarket.de

2. Collection and Processing of Personal Data

We collect personal data when you register on our platform, place an order, or contact us. This data includes in particular:

• Name and email address (upon registration and ordering)
• Delivery address and payment information (for orders)
• IP address and device data (automatically upon page visit)
• Communication data (when contacting via the messaging system)

3. Legal Bases for Processing

Your data is processed on the basis of the following legal grounds in accordance with Art. 6 GDPR:

• Art. 6 (1) lit. b GDPR – Contract performance (e.g., order processing)
• Art. 6 (1) lit. a GDPR – Consent (e.g., newsletter)
• Art. 6 (1) lit. c GDPR – Legal obligation (e.g., tax law)
• Art. 6 (1) lit. f GDPR – Legitimate interest (e.g., IT security)

4. Disclosure to Third Parties

Your personal data is only disclosed to third parties to the following extent:

• To shipping service providers (DHL, UPS, DPD) for the delivery of your order
• To payment service providers (PayPal, Stripe) for payment processing
• To tax advisors or authorities, where required by law

Data is not disclosed for advertising purposes without your express consent.

4a. Payment Processing & Joint Controllership

Ubuntu Market facilitates payments between customers and vendors. For card payments, processing is carried out via Stripe Connect: the charge is created on the respective vendor's Stripe account, and the vendor is the merchant of record. The payment service provider is Stripe Payments Europe Ltd.; card data is processed by Stripe on the vendor's own Stripe account and is not stored or processed by Ubuntu Market. Ubuntu Market does not hold, escrow, or possess the customer's payment at any time — the customer's payment flows directly to the respective vendor, with a 8% application fee (platform commission) automatically deducted by Stripe and routed to Ubuntu Market. For bank transfer, the payment is made to the platform operator's account on behalf of the vendors and forwarded to the respective vendors.

For the processing of order and customer data necessary to fulfil a purchase contract, Ubuntu Market and the respective vendor are joint controllers within the meaning of Art. 26 GDPR. Ubuntu Market processes customer data (name, delivery address, email, ordered items) to operate the marketplace and facilitate the transaction, and transmits this data to the respective vendor so they can fulfil the order. The vendor is responsible for its own processing of customer data in fulfilment of the order and for complying with its own information obligations under Art. 13/14 GDPR. The respective vendor's contact details are shown on the vendor's profile and at checkout.

5. Cookies

Our website uses cookies. Technically necessary cookies are set on the basis of Art. 6 (1) lit. f GDPR. For optional cookies (e.g., analytics cookies), we obtain your consent in accordance with Art. 6 (1) lit. a GDPR. You can disable cookies in your browser settings at any time.

6. Storage Duration

We store your personal data only for as long as is necessary for the respective purposes or as long as statutory retention periods apply. Order data is retained for 10 years in accordance with § 147 AO (Tax Code) and § 257 HGB (Commercial Code).

7. Your Rights

You have the right to:

• Access to your stored data (Art. 15 GDPR)
• Rectification of incorrect data (Art. 16 GDPR)
• Erasure of your data (Art. 17 GDPR)
• Restriction of processing (Art. 18 GDPR)
• Data portability (Art. 20 GDPR)
• Objection to processing (Art. 21 GDPR)

To exercise your rights, contact: info@ubuntumarket.de

8. Right to Complain

You have the right to lodge a complaint with the competent data protection supervisory authority. The competent authority in Germany is the State Data Protection Commissioner of your federal state as well as the Federal Commissioner for Data Protection and Freedom of Information (BfDI).