General terms and conditions for providers

This is a convenience translation. Only the German version is legally binding.

Last updated: [terms.effectiveDate.en]

§ 1 Scope and parties

(1) These general terms and conditions ("terms") govern the participation of businesses ("providers" or "you") in the Handl marketplace, operated by [company.name] [company.legalForm], [company.street], [company.zip] [company.city], [company.country.en] ("Handl" or "we").

(2) The marketplace is aimed exclusively at entrepreneurs within the meaning of Section 14 BGB. By applying, you confirm that you are acting in the exercise of your trade, business or profession.

(3) Any agreements made with you individually, in particular on commission, apply in addition. In the event of conflict, individual agreements take precedence over these terms. The provider's own general terms and conditions do not apply.

§ 2 Handl's services

(1) Handl operates a marketplace through which customers order goods and services from providers — through its own "Handl" app and through apps of partner companies connected to Handl's interface ("partner apps").

(2) Handl provides you with the provider portal and the "Handl Orders" app, with which you manage your business, offers, prices, delivery and service areas, opening hours and appointments, and handle orders and quote requests.

(3) Contract model: Towards the customer, Handl acts in its own name and on your account as seller or service provider (commission agency). Handl concludes the contract with the customer, collects the purchase price and issues the invoice to the customer. You fulfil the order towards the customer and are obliged towards Handl to fulfil it properly. Partner companies are not party to this contractual relationship.

(4) Handl does not owe any particular number of orders or any particular placement of your offers. Handl may develop the marketplace further as long as its essential functions are preserved.

§ 3 Application, approval and setup

(1) You apply through the form on Handl's website. There is no entitlement to approval. Handl may reject an application without giving reasons.

(2) The contract under these terms is concluded upon approval. Handl sends a link to set up your access to the email address given in the application.

(3) Before your offers are published and become visible to customers, you must enter in the provider portal your business address, the type of your services (pickup, delivery, on-site service), at least one category and a set-up payout account (§ 8).

(4) Your access credentials must be kept confidential. You may invite further staff to your account; you are responsible for their actions in the portal and in "Handl Orders". The owner of the account is the person who first set it up, until they transfer ownership to another linked person.

(5) As a platform operator, Handl is obliged under the German Platform Tax Transparency Act (PStTG) to report information about businesses and their turnover to the Federal Central Tax Office. On request, you provide Handl with the information required for this (in particular tax identification number, VAT identification number, commercial register number, address and, for natural persons, date of birth) completely and correctly. If you fail to do so after two reminders, Handl may withhold payouts and block your account until the information is provided (Section 22 PStTG).

§ 4 Offers, prices and content

(1) You determine your offers, their descriptions, images, prices, base fees, delivery and service areas, opening hours and available appointments yourself. Prices are gross prices including statutory VAT.

(2) An offer is either goods (for pickup or delivery) or a service (at the customer's place or at your business). For fixed-price services, you state the time per unit for each price; the duration of the appointment is calculated from this and from any setup time entered. You are responsible for these figures being realistic.

(3) Your information must be correct, complete and up to date and comply with all statutory requirements, in particular regarding price indications, allergens and additives, unit prices, hazard warnings and trade and professional licences. You may only offer goods and services that you are lawfully permitted to provide yourself.

(4) You grant Handl a simple, free-of-charge right, limited to the term of the contract, to use the content you upload (texts, images, logo) to operate the marketplace, to edit it (for example to crop it) and to make it available to partner apps for display. You warrant that you hold the necessary rights and indemnify Handl against third-party claims for infringement of those rights.

(5) Handl may block offers, in whole or in part, that violate these terms or statutory provisions.

§ 5 Orders and acceptance

(1) Incoming orders are shown to you in the provider portal and in "Handl Orders" and — depending on your settings — notified by email, push notification or webhook. At that point the customer has already paid.

(2) You decide on acceptance without undue delay. Your acceptance concludes the contract between Handl and the customer, and you are obliged to fulfil it. If you decline an order, the customer receives the full amount back; please give the customer a brief reason.

(3) Until you accept, the customer may cancel the order free of charge and change the address and appointment; you will be informed of this. After acceptance, you may change the address and appointment in the portal or in "Handl Orders" in agreement with the customer. A change that would alter the country of taxation is excluded.

(4) You fulfil accepted orders professionally, punctually and in line with your offer description, and keep the order status up to date in the portal or in "Handl Orders". You use customer data solely to fulfil the respective order (§ 12).

§ 6 Appointments

(1) For offers with appointments, you set in the portal when you are available (your own time windows or your opening hours) and can block times. Customers can only book free times. For services at the customer's place, you can enter a travel time, which is kept free before each appointment and not shown to the customer.

(2) You keep your availability up to date. If you cannot keep a booked appointment, you agree a new appointment with the customer without undue delay.

§ 7 Quote requests

(1) For offers priced on request, customers submit a quote request. Within 14 days you can submit a quote with items, base fee, validity (14 days by default, at most 60 days) and, for appointment-based services, duration and appointment, or decline the request. You may withdraw a submitted quote and submit a new one as long as the customer has not accepted it.

(2) If the customer accepts your quote, it becomes an ordinary order under § 5.

§ 8 Payment processing, commission and payout

(1) Handl collects the purchase price from the customer through a payment service provider. For payouts, you set up a payout account with this payment service provider and complete its identity verification; the payment service provider's terms, which you accept during setup, apply additionally.

(2) From each order amount, Handl retains the VAT contained in it, which Handl owes and pays as seller, and the agreed remuneration. The remuneration is calculated on the net amount (excluding VAT) of the order and comprises Handl's commission and the share of the partner company through whose app the order was received. The amount of the remuneration is set out in the price sheet that Handl sends you in text form on activation. You can see the amount due to you for an order in the order overview in the portal.

(3) The remaining amount is credited to your payout account after receipt of payment and paid out to your bank account in accordance with the payment service provider's terms.

(4) You receive a monthly statement of the remuneration, with VAT shown separately.

(5) In the event of refunds to the customer, your share is reversed proportionally. In the event of a chargeback by the customer's bank or card company, your share is reversed pending clarification and credited again if the decision is in Handl's favour. You support Handl in the clarification, in particular by providing evidence of fulfilment.

(6) Handl is entitled to set off claims against you against payout claims.

§ 9 Cancellations, withdrawal and defects

(1) If a customer effectively withdraws from the contract or justifiably asserts rights in respect of defects, Handl handles this towards the customer. You generally carry out subsequent performance yourself and take back returned goods.

(2) Handl may refund an order in whole or in part if the customer is entitled to it or if you do not fulfil an accepted order. Insofar as the refund is due to circumstances for which you are responsible, you bear it in the internal relationship.

(3) You indemnify Handl against claims of customers and third parties arising from defective or failed fulfilment for which you are responsible or from incorrect offer information.

§ 10 Handl's liability

(1) Handl is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

(2) In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded, in particular for lost profit and for temporary unavailability of the portal, the "Handl Orders" app or the marketplace.

§ 11 Term, suspension, closing the account

(1) The contract runs for an indefinite period. You may terminate it at any time by the owner of your account closing it in the portal settings. Handl may terminate the contract with 30 days' notice. The right to terminate for good cause remains unaffected.

(2) An account cannot be closed while orders are still open (unpaid, paid and not yet fulfilled, or under dispute).

(3) Upon closing, your offers are immediately no longer visible and your accesses stop working. Within 30 days, Handl can restore the account unchanged at your request. After the 30 days, your business details are anonymised, content no longer needed is deleted and the accesses of linked persons are deleted. Handl retains orders, invoices, statements and payout records in accordance with statutory retention periods. Your payout account remains in place until 120 days after the last payment so that outstanding payouts and chargebacks can be settled.

(4) Handl may temporarily suspend your account if there are specific indications of a breach of these terms or statutory provisions, in particular repeatedly unfulfilled orders, significant customer complaints, incorrect information or suspected fraud. Handl informs you of the suspension and its reasons and gives you the opportunity to respond. In the event of serious breaches, Handl may terminate the contract without notice.

(5) The requirements of Regulation (EU) 2019/1150 (P2B Regulation) also apply to restrictions, suspensions and terminations, in particular regarding the statement of reasons and the 30-day period before an ordinary termination.

§ 12 Data protection

(1) You may use customer data received to fulfil an order (for example name, address, phone number, appointment) solely to fulfil that order and to comply with statutory obligations. Use for advertising or disclosure to third parties is prohibited. You are yourself the controller for this processing under data protection law.

(2) Handl's processing of your own data is described in the privacy policy.

(3) Insofar as Handl processes data on your behalf — the contents of subscribed external calendars and blocked times — the data processing agreement for businesses applies, which forms part of these terms.

§ 13 Complaints and transparency (P2B Regulation)

(1) Complaints. Please send complaints about your account, the blocking of offers or order handling to [terms.complaintsEmail]. Handl examines complaints promptly and informs you of the outcome in text form.

(2) Ranking of offers (Art. 5). Handl shows offers in the order chosen by the customer or the partner app: by price ascending or descending, by date listed (newest first) or, if nothing is chosen, by date listed (oldest first). Before that, results are narrowed by the selected filters, in particular category, place or delivery and service area, type of fulfilment, price range, search term and whether the business is open now. Reviews, commission rate, turnover or payments to Handl have no influence on the ranking; Handl does not offer paid placement. Partner apps may sort and present the offers Handl delivers differently under their own responsibility.

(3) Differentiated treatment (Art. 7). Handl does not offer its own goods or services on the marketplace and does not treat any business preferentially.

(4) Access to data (Art. 9). In the portal you have access to the data of your orders and quote requests, including the customers' contact and address details to the extent needed to carry them out, and to your statements and payouts. Handl uses the data generated by the intermediation for processing, billing, preventing abuse and improving the marketplace, and passes it to partner companies only where an order was placed through their app. After the contract ends, Handl provides you with a summary of your orders and statements on request.

(5) No parity clauses (Art. 10). You may offer your goods and services through other channels at different prices and conditions.

(6) Mediation (Art. 12). Handl is a small enterprise within the meaning of Recommendation 2003/361/EC and is therefore not obliged to name mediators. Handl is willing to agree to mediation in individual cases.

§ 14 Changes to these terms

Handl may amend these terms with effect for the future. Changes are notified to you in text form at least four weeks before they take effect, but no less than 15 days (Art. 3(2) P2B Regulation). You may terminate the contract until the change takes effect. If you continue to use the marketplace after the change takes effect, the amended terms are deemed accepted; Handl points this out in the notification. Changes to the remuneration require your consent unless agreed otherwise.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising from this contract is, to the extent legally permissible, [company.city].

(3) Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.