Terms of Service
1. Scope and Operator Information
(1) These Terms and Conditions (“Terms”) govern the use of the online marketplace small-shops (“the Platform”) by consumers as defined in Section 13 of the German Civil Code (BGB).
(2) The Platform is operated by: small-shops Owner: Valeria Pandimiglio Stargarder Straße 78 10437 Berlin, Germany Email: info@small-shops.com
(3) The Platform enables third-party merchants (“Sellers”) to offer and sell sustainable products to end consumers (“Customers”). small-shops acts solely as an intermediary and does not become a contracting party to the sales contracts concluded between Customers and Sellers.
(4) The language of these Terms and all related communication shall be English.
2. Purpose and Services of the Platform
(1) small-shops provides an online and offline interface through which independent Sellers may present, promote, and sell sustainable fashion and related goods to Customers.
(2) The registration and basic use of the Platform are free of charge for both Sellers and Customers.
(3) For each successful transaction facilitated via the Platform, including verified offline purchases, small-shops charges the Seller a commission fee of fifteen percent (15%) of the gross sales price (including VAT).
(4) small-shops does not own or control the products offered by Sellers, and does not guarantee product availability, quality, or compliance with any specific standards beyond the sustainability criteria Sellers are required to meet.
3. Role of small-shops and Contractual Relationships
(1) small-shops does not itself sell products and is not a party to contracts concluded between Customers and Sellers.
(2) Product listings, descriptions, prices, and offers are created and provided solely by Sellers.
(3) The purchase contract is formed directly between the Customer and the Seller when the Customer places an order and the Seller confirms or fulfills that order.
(4) small-shops does not assume responsibility for the fulfillment, delivery, warranty, or return of goods purchased via the Platform.
4. Payment Processing and Payouts
(1) Payments between Customers and Sellers are processed through the external payment service provider Stripe Payments Europe Ltd.
(2) small-shops, via Stripe, will collect payments on behalf of Sellers and automatically deduct the applicable 15% commission fee from each transaction.
(3) The remaining balance will be transferred to the Seller’s registered payout account on a monthly basis, subject to a 21-day settlement delay after the end of each billing period.
(4) small-shops is entitled to offset any commission fees, refunds, chargebacks, or other due amounts against pending Seller payouts.
5. Offline Purchases and Cashback Programme
(1) In addition to online transactions, Customers may purchase products directly at participating Sellers’ physical retail stores.
(2) The Platform provides an interactive map indicating the locations of participating stores and available products.
(3) To validate such offline purchases, Customers may upload a copy or image of their purchase receipt (cash register slip) via the Platform.
(4) The uploaded receipt serves as proof that the purchase originated from small-shops’ referral.
(5) For verified offline purchases, small-shops will charge the Seller the same 15% commission fee, which will be reconciled with online sales during the monthly payout process.
6. Obligations of Sellers
(1) Sellers agree to:
Offer only legally compliant and authentic products;
Ensure that their products are sustainably and ethically produced;
Provide accurate and complete product information, including pricing, materials, and origin;
Fulfil all orders promptly, including packaging, shipment, and communication with Customers;
Comply with all applicable consumer protection, labeling, and e-commerce regulations.
(2) Sellers are solely responsible for compliance with tax obligations, invoicing requirements, and product liability.
(3) small-shops reserves the right to suspend or terminate a Seller’s account for any breach of these obligations or for conduct inconsistent with the Platform’s sustainability values.
7. Customer Reviews and User Content
(1) Customers may submit reviews and ratings for Sellers and products.
(2) Reviews must reflect genuine purchasing experiences, must not contain defamatory, discriminatory, or unlawful content, and must respect the personal rights of others.
(3) small-shops reserves the right to moderate, edit, or remove any review that violates these principles or applicable law.
8. Liability of small-shops
(1) small-shops is liable only for its own content on the Platform in accordance with statutory law.
(2) small-shops assumes no liability for:
The accuracy, completeness, or legality of content provided by Sellers;
The execution or fulfillment of contracts between Customers and Sellers;
Any damages arising from the use, misuse, or unavailability of the Platform.
(3) Liability for slight negligence is excluded except in cases of injury to life, body, or health, or in cases of breach of essential contractual obligations (cardinal duties).
(4) In the event of a breach of essential obligations due to slight negligence, the liability of small-shops shall be limited to foreseeable, typically occurring damages.
9. Data Protection
(1) small-shops processes personal data in compliance with the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(2) Detailed information on data processing, user rights, and the use of cookies is provided in the Privacy Policy, accessible on the Platform.
10. Amendments to the Terms
(1) small-shops may modify these Terms where necessary for legal, technical, or operational reasons.
(2) Users will be notified of any material changes in text form (e.g., by email). If the User does not object within 14 days of receiving the notice, the amended Terms shall be deemed accepted.
(3) If the User objects, small-shops may terminate the contractual relationship with due notice.
11. Governing Law and Jurisdiction
(1) These Terms and any disputes arising from or in connection with them shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods (CISG).
(2) If the User is a consumer, mandatory provisions of the law of the country in which the consumer has their habitual residence shall remain unaffected.
(3) To the extent permitted by law, the exclusive place of jurisdiction shall be Berlin, Germany.
(4) Should any provision of these Terms be or become invalid, the remaining provisions shall remain unaffected.