General Terms and Conditions and Terms of Use for Customers

I. Preamble

These General Terms and Conditions (GTCs) regulate the use of the Online Marketplace under the kaufland.de domain, other top-level domains and within mobile applications (apps) of Kaufland Marketplace GmbH, Stiftsbergstraße 1, 74172 Neckarsulm, Germany (hereinafter referred to as “Online Marketplace” or “Marketplace Operator”).

The “General Terms and Conditions of Use of the Online Marketplace website” section contains general information.

The “General Terms and Conditions of Use of the Online Marketplace” section contains general information on how the Online Marketplace works.

The “General Terms and Conditions that only apply to sales by Kaufland Marketplace GmbH via the Online Marketplace” section refers to rules that apply specifically to this process.

The section under “General Terms and Conditions of Use for in-store offers” explains rules that apply specifically to that process.

Finally, the “Other” section contains further general information.

II. General Terms and Conditions of Use of the Online Marketplace website (“our Online Platform”)

§ 1 Login

In general, the Kaufland companies offer you the opportunity to use various offers and services under the top-level domains and within mobile applications (apps), as well as subpages and secondary pages. The basis for using the various offers and services is a single login. This is a “single sign-on service” whereby customers can use one set of login credentials to access several offers by different companies. User data is administered centrally by the responsible Kaufland company, for example, Kaufland Dienstleistung GmbH & Co.KG in Germany. Use is generally free of charge. However, costs may be incurred for the use of specific offers, which are presented transparently in accordance with legal requirements. The same applies to any necessary third party services, such as internet connections.

For further information, please consult our Data Protection Policy.

§ 2 Customer account

It is generally possible to use our website without registering. Registration of a personal customer account (for short: “Account”) is only required in order to use certain functions/services of our website and to make purchases on the Online Marketplace.

There is no requirement to register and use the functions of our website.

Individual, natural persons who are users may register. However, groups of people such as families or married couples cannot register. Users are natural persons who conclude a legal transaction that is not predominantly attributable to their commercial or independent professional activity. The Marketplace Operator expressly excludes the registration of entrepreneurs.

The creation of an Account is also subject to the following conditions: Account registration is free of charge.

When registering their Account, customers must provide their title, full name and e-mail address and choose a password (“Access Data”). The customer is responsible for ensuring that the information provided on registration is complete and correct. If the information provided by a customer is incorrect or incomplete, the Marketplace Operator may terminate and delete the Account without notice.

Customers may not disclose their Access Data and, in particular, must not disclose their password to third parties under any circumstances. If third parties nevertheless gain access to the customer's Account or if the customer otherwise suspects that their Account is being misused, the customer must notify the Online Marketplace Team immediately and change their Access Data.

Customers are not permitted to register multiple Accounts.

To cancel an Account, customers can go to “My account” and click on the “Cancel account” link. This will immediately initiate the Account cancellation process.

If an Account is misused, the Online Marketplace Team reserves the right to immediately delete the Account and take legal action.

§ 3 Consent declaration/proof of age

Before a customer is shown images of items that require them to be of legal age to purchase, or are allowed to purchase these items, we must verify the customer's identity.

We use various identity verification methods depending on the top-level domain to check the customer's age, such as: SCHUFA, Skype or cidaas ID validator.

The exact verification process is explained in the Account settings.

During verification, no credit check is carried out using the data stored with SCHUFA, as one example. The data sent to SCHUFA will not be stored in the SCHUFA database or will be stored solely for the purpose of documenting the fact that a “SCHUFA-IdentityCheck Premium” was performed.

You can find more information at www.meineschufa.de.

§ 4 Rating system, question system, direct advertising, recommendation systems and adverts

Rating system, question system

The Online Marketplace provides customers with a rating system that allows them to submit reviews of the products they have purchased and upload media content (such as photos, videos) (together referred to as “Content”). In addition, the Online Marketplace also provides customers with a question system that allows them to ask product-related questions. The questions are then forwarded to the sellers and/or other buyers of the respective product for answering. The answer is then published along with the question on the respective product details page. A right to an answer does not exist. The respective respondent is responsible for the content of the answer. The provisions of this section apply accordingly to the answering of questions.

The customer is obligated

• to provide only truthful information,
• to provide only objective information and, in particular, not to make any insults or other disparaging statements,
• not to submit any obscene, derogatory or threatening Content,
• not to submit any promotional or political messages,
• to only include circumstances in the rating or question that are directly related to the product being evaluated or in question,
• not to submit any personal data about themselves or third parties,
• not to submit any illegal Content, Content that violates the rights of third parties, links or references to external websites and advertising for offers outside the Online Marketplace,
• not to upload any Content in which persons are recognisable,
• not to upload any Content that violates applicable law and/or may be harmful to young persons and
• not to provide any Content for which it has received payment or other benefits from third parties or for which such benefits have been promised.

The Marketplace Operator may remove content if there are indications of a violation of these General Terms and Conditions, the rights of third parties or other applicable law. The Marketplace Operator also reserves the right to remove unhelpful Content. This is deemed unhelpful in particular if:

• the Content is not related to the purchased product,
• the star rating given obviously differs from the review’s text,
• the language of the review or question does not correspond to the language of the respective top-level domain,
• the review relates exclusively to the published product data, or the review or question relates exclusively to the delivery or the price of the product,
• the Content indicates that the customer has no user experience with the product, i.e. because they have not yet received it or
• the product review or question as written is obviously incomprehensible.

The Content is evaluated by automated processes (e.g. machine learning) and human control. The customer will be informed that their Content has been removed and the reason for this by e-mail. The customer has the option to adjust the Content. The customer can also lodge a complaint against the Marketplace Operator’s decision via the Online Marketplace’s contact form.

By using the rating and/or question system and providing Content, the user grants the Marketplace Operator the non-exclusive, royalty-free right to use, reproduce, publish, make available and modify this Content worldwide on the Online Marketplace and in all other media, including the right to sub-licence it to third parties and the right to use the name that the user submits in connection with this Content.

The user can remove their Content at any time using the technical options on offer in their customer account.

The user guarantees that they hold all rights to the Content they have created or otherwise use and that at the time the Content is provided

• the Content is free of errors,
• the use of the Content provided does not violate any applicable terms, conditions and policies of the Marketplace Operator and does not cause harm to any person or company (including that the Content or materials are not defamatory and do not compromise the personal integrity of children/young people).

The user shall indemnify the Marketplace Operator against all third-party claims asserted against the Marketplace Operator and arising from, or in connection with, the Content provided by the user. This does not apply if and to the extent that liability results from the Marketplace Operator’s failure to remove Content within a reasonable period of time despite being informed of the illegality.

Direct advertising

If customers have made a purchase through the Online Marketplace, the Marketplace Operator will also use the e-mail address provided in connection with the purchase to send service information such as customer satisfaction surveys and e-mails to advertise similar products or services. In such a case, only direct advertising for similar products or services will be sent by e-mail. Customers can object to the processing at any time. Objections must be sent in text form to the following address: [email protected] (for the newsletter) or [email protected] (for direct advertising), or to unsubscribe from all newsletters/direct advertising, customers may use the link provided in each e-mail. By so doing, customers can also withdraw their consent to the storage of personal data collected during the registration process.

Recommendation systems and adverts

The online platform provides users with recommendation systems and adverts at various points that are geared towards the interests of the users. The respective advertisements and recommendations are labelled and described as such on the online platform. Specifically, the following advertising and recommendation systems are used:

• Sponsored Product Ads: The advert we show is based on the search term that the user has used to search for products or because of the content and products that the user is looking at. We search for relevant advertised products based on one or more criteria such as product title, description and category.
• Bestsellers (+category profiles) – These products have the best performance in their respective category. The provider takes into account the number of sales – recent sales are more important than sales further in the past. The categories that users see here are selected based on their purchase history or – if the user is newly registered – on the products already viewed by the user.
• Last seen – The user has recently viewed these products. The provider saves the activity on the online platform so that they can display relevant products.
• Simreco (similar products) – These products are similar to the product the user is currently looking at. The products may be similar for two reasons: Either these products were viewed by several customers together in one session or they are similar because they have a similar title, description and other similar features.
• Careco (cross-selling) – These products are displayed based on one of the following three association rules: They were purchased together with the relevant product, placed in the shopping basket or viewed in one session.
• Padre (personalised recommendations) – These products are displayed based on the purchasing behaviour or, if the user is newly registered, based on previously viewed products. The provider analyses what other customers with similar preferences have done whilst using the online platform and recommends products that may be relevant for the user.

No liability for partner sites

As a Marketplace Operator, we may work with various partners who offer services on their own websites that are accessible via our website. These partners have their own data protection policies and guidelines. We assume no responsibility for the content and data protection policies of our partners.

Copyright/trademark rights

The content on our website is protected by copyright. Content may be downloaded without our consent for personal, non-commercial use only. Our consent is required for any links to the content. Third parties are not permitted to use any logos or trademarks.

§ 5 Warranty/liability

The operator of the Online Marketplace endeavours to make all website features available and fully functional at all times. However, due to technical factors such as configuration changes, maintenance, device failure etc., this cannot be completely guaranteed. In the event of a service outage, the Marketplace Operator will endeavour to restore usability as soon as possible. The Marketplace Operator is not responsible for any consequences resulting from a lack of (complete) usability. The Marketplace Operator reserves the right to reduce and/or modify the scope of website functions going forward, or to discontinue the service completely. Customers have no contractual right to the (continued) use of this (free) service. The individual providers alone are responsible for providing services in connection with their respective offers. The Marketplace Operator is not responsible for any claims arising as a result. The same applies to other contributions from independent third parties such as internet service providers.

The Marketplace Operator is otherwise only liable for claims by the customer for damages based on loss of life, bodily injury or injury to health, the breach of material contractual obligations or other loss or damage due to a wilful or grossly negligent breach of duty by the Marketplace Operator, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of material contractual obligations, the Marketplace Operator shall be liable solely for reasonably foreseeable loss or damage due to ordinary negligence, unless the customer's claims for damages are based on loss of life, bodily injury or injury to health.

§ 6 Period of use & termination

Both the Marketplace Operator and the customer may end the use arrangement at any time without having to observe a notice period. Customers may initiate the deletion of their Account at any time using the Account Management function. To do this, customers can click on “Cancel account” under “My account” - Management.

Termination by the Marketplace Operator may be considered in particular if the customer breaches the requirements of these General Terms and Conditions. Until such time as the relevant incidents have been clarified, the customer account may be blocked.

Notwithstanding the preceding paragraphs, the marketplace operator is entitled to terminate the customer account and thus the entire user relationship and to delete the account if the Customer has not actively used the account for a period of at least three (3) consecutive years. Active use is defined in particular as logging in or placing an order via the customer account.The Customer will receive a notification at least two (2) weeks before the deadline. The Customer has the possibility to avert termination by actively using the customer account.

§ 7 Data protection

The processing of your personal data will be subject to the protection of your rights under data protection law. In order to provide the service, it is necessary for the data you provide to be forwarded to the provider of the offer taken up by you. This is to enable the provider to authenticate the customer and provide the services requested in connection with the offer (e.g. shipping and invoicing ordered goods). Please see our privacy policy for further details.

§ 8 Misuse of the online platform

The online platform enables users to provide content at various points and also offers reporting and redress procedures as well as an internal complaints management system.

The provider reserves the right to suspend the provision of its services to users who repeatedly and obviously provide illegal content for a reasonable period of time after prior warning.

If users misuse the reporting and redress procedures and the internal complaints management system offered, the provider is authorised to suspend the reports received from these users for a reasonable period of time after prior warning.

When deciding on the suspension and determining the appropriateness of the period in accordance with paragraphs 2 and 3, the provider shall take into account in particular the nature, scope, frequency and intensity of the provision of illegal content and/or misuse.

III. General Terms and Conditions of Use of the Online Marketplace (“our Online Platform”)

The General Terms and Conditions of Use under II) shall apply. The following terms of use also apply:

§ 1 Scope of application, contracting party

An Online Marketplace is provided under the Kaufland.de domain, other top-level domains and within mobile applications (apps). Various natural and legal persons and partnerships (“Commercial Marketplace Users”) can list goods for sale on this Online Marketplace, provided that their listing, purchase or publication does not contravene applicable statutory or contractual provisions.

In addition to selecting products, customers can also choose between various providers. In their capacity as legal sellers, they are already designated as such in the product listing under “Seller” and will be listed as such in the context of order processing. Further information on the respective sellers can be found by clicking on the link to the corresponding seller’s name.

§ 2 Formation of purchase agreement and order process

The purchase agreements on the Online Marketplace are concluded exclusively between customers and sellers. If the customer chooses Kaufland Marketplace GmbH as a seller, reference is made to the following provisions. In addition to the provisions of these GTCs, the provisions of the respective seller apply. These can be viewed via the link to the corresponding seller’s name.

The Online Marketplace order is processed via the Online Marketplace systems. However, it is important to note that the legal responsibility for both the offer itself and the fulfilment of the contract lies with the respective seller. The Marketplace Operator assumes no legal responsibility for the offer and the fulfilment of the contract.

§ 3 Settlement of payments

For purposes of settling payments between customers and sellers, the Online Marketplace has engaged cflox GmbH (the “Payment Service Provider”). The Payment Service Provider is entered in the commercial register of the Local Court (Amtsgericht) of Hamburg under number HRB 127858. It is authorised to offer payment services and is licensed as a payment institution by the German Federal Financial Supervisory Authority (“BaFin”). It is entered in the Register of Payment Institutions published on BaFin's website.

The Payment Service Provider offers payment services for the processing of purchase contracts between the customer and the seller on the Online Marketplace. The Payment Service Provider receives payments from customers remitted using various payment methods on behalf of the seller on its own account at a credit institution and pays out the funds from the sale of the products to the seller.

To process payments, customers have the option of using either the payment options offered on the Online Marketplace or the payment methods of various service providers. The available payment options may vary depending on the top-level domain.

In Germany, for example, the available payment methods include, but are not limited to, payment via payment in advance, PayPal and credit card. The payment methods offered by Klarna particularly include payment on Klarna invoice, payment by Klarna instalments (6, 12 or 24 months at an interest rate of 13.60%; 6 monthly instalments from €25/12 monthly instalments from €120/24 from €1,000 [minimum payment]), direct debit and payment via Sofortüberweisung. If the customer chooses Klarna as a payment option, the customer assigns the right to payment to Klarna.

In certain cases where there is an increased risk of non-payment or fraud, a credit check may be carried out through a credit agency. This serves to prevent fraud on the part of the payment service provider or one of the affiliated payment service providers. With the Klarna Invoice and Klarna Pay Over Time payment methods, for example, Klarna checks and evaluates the customer's data and exchanges data with other companies and credit agencies if there is a legitimate reason to do so. If the customer's creditworthiness is not guaranteed, Klarna may refuse to allow the customer to use Klarna payment methods and must advise of alternative payment options. If the “Consors Finanz” payment method is selected, Consors Finanz will check and evaluate the information provided by the customer and exchange information with other companies and credit agencies if it has legitimate cause to do so. If the customer's creditworthiness is not guaranteed, Consors Finanz may also refuse to allow the customer to use its payment methods and must advise of alternative payment options. Measures are also taken to prevent fraud when paying by credit card.

§ 4 Data protection

The data entered by the customer at the checkout is processed as part of the order and the associated processes. In some cases, this data may be passed on to third parties within the EU or in third countries. This applies in particular to the respective seller and the payment service provider or payment method provider.

In addition to passing on the data required to fulfil the legal transaction as part of order processing, sellers also have access to the complaints system and can view ticket-related messages that are exchanged there.

Please consult the Data Protection Policy for more detailed information.

IV. General Terms and Conditions for sales by Kaufland Marketplace GmbH via the Online Marketplace

For orders that customers place with Kaufland Marketplace GmbH as the seller on the Online Marketplace, the GTCs that govern sales by Kaufland Marketplace GmbH via the marketplace also apply. The GTCs can be viewed in the corresponding offers of the seller.

V. General Terms and Conditions of Use for in-store offers at filiale.kaufland.de (“In-Store Offers”)

The respective Kaufland national companies are the operators of the store websites such as www.filiale.kaufland.de and provide the services listed on those sites. In Germany, for example, this is Kaufland Dienstleistung GmbH & Co. KG. The terms and conditions and information published on the respective websites apply.

VI. Other

The Marketplace Operator may amend the General Terms and Conditions at any time and will inform the Customer of the amended terms in writing. The Customer then has two weeks to object to the amended conditions. If the Customer does not object within this period, the new Terms and Conditions shall be deemed accepted. In the notification containing the amended Terms and Conditions, the Operator shall inform the Customer separately of the significance of this deadline, the right to object, and the legal consequences of remaining silent. However, this regulation does not apply to changes to the main performance obligations in the contract.

The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies to legal relationships with consumers only to the extent that it does not deprive them of the protection afforded by mandatory laws of the country in which they have their usual residence.

The Marketplace Operator reserves the right to transfer all or specific rights and obligations under this agreement to third parties. The Marketplace Operator shall give the customer two weeks' notice prior to the intended transfer.

If a consumer dispute arises between the Marketplace Operator and the customer in connection with the agreement that cannot be resolved amicably, the customer may submit a proposal for an out-of-court settlement of such a dispute to a designated consumer arbitration board in Slovakia and the Czech Republic:

In Slovakia

Slovenská obchodná inšpekcia Bajkalská 21/A, 827 99 Bratislava 27
Ústredný inšpektorát
Odbor pre medzinárodné vzťahy a alternatívne riešenie spotrebiteľských sporov
Bajkalská 21/A, S. S. 29
827 99 Bratislava 27
Slowakei[P&P1]
E-Mail: [email protected]; [email protected]
Tel.: +421 (0)2/58 27 21 23, +421 (0)2/58 27 21 41
Fax: +421 (0)2/53 41 49 96

Alternatively, under Slovak Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, as amended, the consumer has the following alternatives: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

In the Czech Republic

Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
Štěpánská 44
110 00 Praha 1
Tschechische Republik
E-Mail: [email protected] Web: adr.coi.cz

According to applicable law, the Marketplace Operator is legally required to inform consumers of the existence of the European Online Dispute Resolution Platform, which may be used for the settlement of disputes without having to commence court proceedings. The European Commission is responsible for establishing the platform. You will find the link to the European Online Dispute Resolution Platform here: ec.europa.eu/odr.

The Marketplace Operator in Germany is not prepared or required to participate in any dispute resolution proceedings before a consumer arbitration board pursuant to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).