SPECIFIC SELLER TERMS — WEBSHOPMARKET.COM
Version: 20 July 2026
These Specific Seller Terms have been drawn up for Sellers who wish to offer a Webshop via Webshopmarket.com or associated domains, place a Listing, share sales information, come into contact with Buyers, give a Sale Confirmation or conduct a sales process.
These Seller Terms supplement the General Terms of Use and Platform Conditions of AK OPERATIONS B.V. They must be read in conjunction with those conditions. These Seller Terms are intended as a specific arrangement for Listings and the sales process and may not be interpreted such that AK OPERATIONS becomes a party to the purchase agreement between Seller and Buyer.
PART I. SPECIFIC SELLER TERMS
Article 1. Definitions and relationship to the General Conditions
1.1. In these Seller Terms, terms written with a capital letter have the same meaning as in the General Terms of Use and Platform Conditions, unless these Seller Terms expressly provide otherwise.
1.2. General Conditions means the General Terms of Use and Platform Conditions of AK OPERATIONS for the Platform, including subsequent amendments.
1.3. Offering Materials means all data, texts, images, screenshots, documents, figures, declarations, evidence, explanations, sales memoranda, financial information, technical information, contract information, legal information and other information provided by or on behalf of the Seller to AK OPERATIONS or to Buyers in connection with a Listing or Sales Process.
1.4. Assets means all goods, rights, claims, digital assets and other assets that form part of the offered Webshop according to the Listing, the Offering Materials, the Sales Documentation or the final sales arrangements, including domain names, trade names, websites, content, software, accounts, contracts, customer databases, stock, intellectual property rights, advertising accounts, social media accounts, supplier relationships, goodwill and other assets.
1.5. Data Room means a digital environment managed by AK OPERATIONS, the Seller or a third party in which Sales Documentation or Confidential Information about a Webshop is made available to selected Buyers or advisers.
1.6. Lead means any contact, response, information request, bid, expression of interest, Data Room request, Sale Confirmation or other traceable commercial opportunity arising via the Platform, via AK OPERATIONS, via a Listing or via communications facilitated by AK OPERATIONS.
1.7. Listing Package means a free or paid Service for placing, retaining, promoting, amending, featuring, ranking or otherwise making visible a Listing on the Platform.
1.8. Post-Referral Period means the period after the first contact, the first Lead, the removal of a Listing, the termination of an Account or the termination of a Listing Package during which a fee or Platform Commission may remain owed to AK OPERATIONS if a transaction is concluded with a party introduced via the Platform or via AK OPERATIONS.
1.9. Sales Documentation means all information that a Seller makes available for the assessment, negotiation, due diligence, purchase, payment or transfer of a Webshop.
1.10. Sales Process means the entire process of intake, verification, admission, publication, promotion, information provision, communication, confidentiality, Lead follow-up, bids, negotiations, Sale Confirmation, purchase documentation, payment, Payout, transfer and completion in respect of a Webshop offered via the Platform.
1.11. The terms Subscription, Paid Listing, Payment Service Provider, Chargeback, Connected Account, Free Listing, Platform Commission, Premium Buyer Account, Stripe, Stripe Connect, Transaction Amount, Payout and Sale Confirmation have the meanings assigned to them in the General Terms of Use.
1.12. These Seller Terms are specific conditions within the meaning of the General Conditions. They supplement the General Conditions to the extent they relate to Sellers, Listings, Sale Confirmations, Platform Commissions, Payouts and the Sales Process.
1.13. These Seller Terms are intended to be fully compatible with the General Conditions. In interpreting these Seller Terms, the starting point must always be the general rule that AK OPERATIONS operates a facilitating platform and is not itself a party to the purchase agreement between Seller and Buyer.
1.14. If a provision of these Seller Terms can be interpreted in multiple ways, the interpretation that best corresponds to the General Conditions, the facilitating platform model, the Seller's responsibility for the Listing and the payment structure as configured on the Platform shall prevail.
Article 2. Applicability and acceptance by the Seller
2.1. These Seller Terms apply to every Seller who offers or wishes to offer a Webshop via the Platform, places or has placed a Listing, provides Offering Materials, shares Sales Documentation, uses a Free Listing, Paid Listing or Listing Package, gives a Sale Confirmation, receives a Payout or participates in a Sales Process.
2.2. The Seller accepts these Seller Terms by creating an Account as a Seller, creating a Listing, submitting a Listing for assessment by AK OPERATIONS, uploading Offering Materials, purchasing a Listing Package, starting Stripe onboarding or onboarding with another Payment Service Provider, communicating with Buyers, giving a Sale Confirmation or otherwise making use of sales functionalities.
2.3. If the Seller acts on behalf of a business, legal entity, company, foundation, association, sole trader, partnership or other organisation, they declare that they are authorised to represent that party and bind it to these Seller Terms.
2.4. The Seller is required to ensure that all persons with access to the Account, the Listing, the Offering Materials, the Data Room, the Connected Account, communications with Buyers or the Sale Confirmation on their behalf comply with these Seller Terms.
2.5. The applicability of the Seller's own conditions is excluded, unless AK OPERATIONS has expressly accepted such conditions in writing.
2.6. Deviations from these Seller Terms are only valid if confirmed in writing by AK OPERATIONS.
Article 3. Capacity of the Seller and B2B basis
3.1. The Platform is primarily intended for business Sellers acting in the exercise of a profession or business.
3.2. The Seller declares that they act as a business party, unless they expressly notify AK OPERATIONS in writing before placing a Listing that they are not acting in the exercise of a profession or business.
3.3. AK OPERATIONS may request additional information about the Seller's legal capacity, ownership structure, authority to represent, Chamber of Commerce number, VAT number, ultimate beneficial owners, contact persons, invoice address, bank account number, Connected Account and authority to sell the Webshop.
3.4. The Seller warrants that all identification, company, contact, invoice, payment and verification data is accurate, complete and current.
3.5. The Seller shall immediately notify AK OPERATIONS of changes to their legal capacity, authority, business, ownership structure, insolvency status, address details, contact details, payment details, Connected Account or other data that may be relevant to the Account, the Listing, the Platform Commission, the Payout or the Sales Process.
3.6. AK OPERATIONS may refuse or suspend a Listing if the Seller fails to sufficiently demonstrate that they are authorised to offer the Webshop, or if the identity, capacity, payment verification, Connected Account status or reliability of the Seller cannot be sufficiently established.
Article 4. Role of AK OPERATIONS in the Sales Process
4.1. AK OPERATIONS operates the Platform as a facilitating and intermediary platform for the purchase and sale of Webshops.
4.2. AK OPERATIONS is not a seller, owner, co-contracting party, broker in the legal sense, valuator, accountant, tax adviser, legal adviser, technical auditor, due diligence party, payment service provider, bank, notary, escrow agent, custodian of third-party funds or guarantor of the Webshop offered by the Seller, unless AK OPERATIONS has expressly agreed otherwise in writing.
4.3. The use of Stripe, Stripe Connect or another Payment Service Provider for payment, deduction of the Platform Commission or Payout to the Seller does not change the role of AK OPERATIONS. AK OPERATIONS facilitates the payment route but does not thereby become a payment service provider, escrow agent or party to the purchase agreement.
4.4. The placement, verification, editing, promotion, featuring, ranking, Sale Confirmation, payment status or moderation of a Listing by AK OPERATIONS does not mean that AK OPERATIONS approves, verifies, warrants or accepts responsibility for the content of the Listing.
4.5. AK OPERATIONS may support the Seller with technical functionalities, intake questions, publication options, contact options, template documents, notifications, Lead overviews, payment functionalities, Stripe Connect functionalities, premium functionalities or other tools. Such support does not alter the Seller's own responsibility.
4.6. AK OPERATIONS is not responsible for the conclusion, absence, performance, fulfilment, dissolution or settlement of a purchase agreement between Seller and Buyer.
4.7. The Seller shall not create the impression in their Listing or in communications with Buyers that AK OPERATIONS is selling, guaranteeing, valuing or approving the Webshop, guaranteeing payment or acting as a party to the transaction.
Article 5. Intake, verification and admission of Listings
5.1. Before a Listing is published, AK OPERATIONS may require the Seller to complete an intake form, questionnaire, checklist or other admission process.
5.2. The Seller must answer intake questions completely, carefully, truthfully and verifiably.
5.3. AK OPERATIONS may require evidence, including extracts from trade registers, domain registrations, hosting information, revenue reports, analytics data, payment provider data, annual accounts, general ledger overviews, tax returns, contracts, licences, screenshots, proof of ownership, consent of rights holders, Connected Account information or other documents.
5.4. AK OPERATIONS may refuse a Listing if the Seller provides insufficient information, fails to respond in a timely manner, provides unclear or contradictory information, fails to explain relevant risks, does not complete Stripe onboarding or other verification, or fails to sufficiently demonstrate that the Webshop is saleable.
5.5. Admission of a Listing by AK OPERATIONS does not constitute legal, financial, tax, technical, commercial or operational approval of the Webshop.
5.6. The Seller remains fully responsible for all information provided during the intake, publication, Lead follow-up, bids, Sale Confirmation and negotiations.
5.7. AK OPERATIONS may choose to work with a limited set of mandatory fields when a Listing is created and to request additional information only at later stages, such as verification, Data Room, Bid, Sale Confirmation or purchase agreement.
Article 6. Suitability of the Webshop and prohibited offers
6.1. The Seller may only offer Webshops that can be lawfully offered and whose sale is not contrary to laws and regulations, third-party rights, contractual obligations, platform rules or these Seller Terms.
6.2. The Seller may not offer a Webshop that relates primarily to illegal goods or services, fraud, phishing, malware, hacking, unauthorised medicines, prohibited gambling, sanctions evasion, money laundering, counterfeit products, stolen goods or other unlawful activities.
6.3. The Seller may not place a Listing for a Webshop that they know or ought reasonably to know cannot be legally, technically, contractually or factually transferred, unless that restriction is expressly and clearly stated in the Listing.
6.4. AK OPERATIONS may exclude categories, countries, sectors, products, services, payment methods or transactions if it considers this legally, operationally, commercially, reputationally or from a security perspective desirable.
6.5. If AK OPERATIONS has doubts about the suitability of the Webshop, it may request additional information, refuse publication, restrict the Listing or remove the Listing.
Article 7. Authority to dispose and authority to sell
7.1. The Seller declares and warrants that they are authorised to offer the Webshop, to negotiate regarding it and, if agreement is reached with a Buyer, to sell and transfer the Webshop.
7.2. If the Webshop or components thereof are owned by a legal entity, co-owner, partner, shareholder, licensor, supplier, financier, pledgee, lessor, platform provider or other third party, the Seller must obtain all necessary consents and authorities in advance.
7.3. The Seller must inform AK OPERATIONS and potential Buyers of restrictions on ownership, authority to dispose, transferability, licences, pledges, retention of title, contractual consents, change-of-control provisions and other third-party rights.
7.4. The Seller may not offer Assets that they know or ought reasonably to know they cannot legally dispose of.
7.5. If restrictions apply to domain names, accounts, payment provider accounts, marketplace accounts, advertising accounts, social media accounts, software, licences or other Assets, the Seller must expressly state this.
7.6. The Seller warrants that they will not place a Listing that gives a Buyer the incorrect impression that all components of the Webshop are freely transferable.
Article 8. Obligations when drawing up a Listing
8.1. The Seller bears full responsibility for the content of the Listing.
8.2. The Listing must be accurate, complete, current, verifiable, concrete and not misleading.
8.3. The Seller must disclose all facts and circumstances that they know or ought reasonably to understand may be relevant to a Buyer.
8.4. The Seller may not omit information if omitting it could result in the Listing or Offering Materials giving an incorrect or misleading impression.
8.5. The Seller must be clear about, among other things, the nature of the Webshop, the URL, domain names, the business model, the products or services, the countries in which sales are made, the target audience, the platform or CMS, hosting, payment providers, suppliers, stock, contracts, accounts, software, ownership rights, revenue, costs, profitability, traffic, conversion, dependencies, risks, claims, debts and restrictions.
8.6. The Seller may not use superlatives, warranties, expected returns or commercial claims that cannot be objectively substantiated.
8.7. The Seller may not present revenue, profit, margin, visitor numbers, conversion rates, customer numbers, stock positions, contract values or other figures without stating the period, source, measurement method and any limitations.
8.8. The Seller must provide AK OPERATIONS with all reasonable cooperation in structuring, editing, categorising or clarifying the Listing.
8.9. If AK OPERATIONS drafts a text proposal, summary, translation, categorisation or editorial amendment, the Seller must verify this before the Listing is published. Publication does not mean that AK OPERATIONS takes over responsibility for the accuracy of the content.
8.10. The obligations in this article do not mean that every subject mentioned in article 8.5 must be set up as a separate mandatory input field when a Listing is first created. AK OPERATIONS may suffice with a minimal mandatory set, provided the Listing is not misleading and the Seller is actively required to disclose relevant restrictions, exceptions and risks.
8.11. The minimal mandatory set may in any event include: identity and contact details of the Seller, name and URL of the Webshop, a short description of the business model, asking price or price indication, main assets being offered, excluded assets or known restrictions, the presence of stock or customer data where relevant, and a general confirmation that the information provided is accurate, complete, up to date and not misleading. Additional details regarding accounts, contracts, IP rights, technology, financial substantiation and transferability may be set up as conditional fields, uploads, Data Room or closing information.
Article 9. Financial information
9.1. All financial information in the Listing and Offering Materials must be accurate, complete, verifiable and not misleading.
9.2. The Seller must clearly state the period to which financial figures relate, the currency used, whether amounts are inclusive or exclusive of VAT, the accounting method applied and whether the figures are actual, normalised, pro forma or expected.
9.3. Where revenue, gross margin, net profit, EBITDA, operating costs, advertising costs, platform costs, staff costs, purchase costs, return costs, stock costs, hosting costs, licence costs or other items are stated, the Seller must present these items consistently and verifiably.
9.4. The Seller may not present future revenue, profit, growth or return as a guaranteed result.
9.5. Forecasts, expectations, growth figures and scenarios may only be stated if it is clear that they are expectations and the underlying assumptions are explained.
9.6. The Seller must disclose special circumstances affecting the financial figures, such as one-off revenue, one-off costs, seasonal influences, dependence on a single customer or supplier, incidental campaigns, changed advertising costs, price changes, return peaks, platform changes, stock problems or changes to laws and regulations.
9.7. The Seller must, upon request, provide evidence to substantiate financial information, such as bookkeeping reports, bank statements, payment provider exports, sales reports, tax returns, invoices, advertising reports or auditor overviews.
9.8. AK OPERATIONS is not obliged to verify financial information and gives no warranty regarding its accuracy or completeness.
Article 10. Traffic, analytics and commercial performance
10.1. Information about traffic, visitor numbers, conversion, sources of visitors, SEO positions, advertising, email marketing, social media activities, marketplaces, customer acquisition and commercial performance must be accurate, complete, current and verifiable.
10.2. The Seller must clearly state which source was used, such as analytics software, advertising platforms, marketplace reports, email software, payment providers or the CMS.
10.3. The Seller must state whether traffic depends on paid advertising, organic search results, social media, affiliates, marketplaces, email lists, influencers, external communities or other channels.
10.4. The Seller must state whether accounts, pixels, tracking codes, analytics data, advertising accounts, reviews, rankings or other commercial tools are not or only partially transferable.
10.5. The Seller may not use manipulated screenshots, artificial traffic, fake reviews, fictitious customer data, incorrect statistics or other misleading evidence.
10.6. If tracking is limited by cookie rules, privacy settings, platform changes, consent management or technical circumstances, the Seller must state this if it is relevant to the interpretation of the figures.
Article 11. Technical structure and transferability
11.1. The Seller must describe the technical structure of the Webshop with sufficient specificity.
11.2. The Seller must in any case provide information about domain name registration, hosting, CMS, themes, plug-ins, custom software, databases, payment providers, shipping software, email software, analytics, advertising tools, integrations, API connections, marketplaces and other technical components relevant to the operation or transfer.
11.3. The Seller must state whether the Webshop depends on specific persons, developers, suppliers, software licences, subscriptions, accounts, API keys, hosting environments, configurations, documentation or know-how.
11.4. The Seller must clearly state which technical components are transferable, which are not transferable and which can only be transferred subject to conditions.
11.5. The Seller must disclose known technical defects, security issues, maintenance backlogs, outdated software, licence problems, performance issues, data migration risks and third-party dependencies.
11.6. The Seller may not guarantee or suggest the technical transferability of the Webshop if there is insufficient basis for this.
11.7. AK OPERATIONS does not warrant technical transferability. If AK OPERATIONS offers a technical check, this applies only to the scope separately agreed.
Article 12. Contracts, suppliers, customers and third-party platforms
12.1. The Seller must describe relevant contracts, supplier relationships, customer relationships, subscriptions, licences, franchise arrangements, affiliate arrangements, distribution arrangements, fulfilment arrangements, service contracts, maintenance contracts and other contractual relationships to the extent relevant to the Webshop.
12.2. The Seller must state whether contracts are transferable, whether the contracting party's consent is required and whether there are change-of-control, termination, exclusivity, non-competition or penalty provisions.
12.3. The Seller must comply with the conditions of third-party platforms, including the conditions of payment providers, marketplaces, advertising platforms, social media platforms, email marketing services, hosting providers and app stores.
12.4. The Seller may not suggest that third-party accounts are transferable if the conditions of the relevant third-party platform prohibit or restrict transfer.
12.5. If the Webshop depends on one or a few important suppliers, customers, advertising channels, marketplace accounts or third-party service providers, the Seller must clearly state this.
12.6. The Seller must disclose known disputes, cancellations, payment arrears, complaints, warnings, account restrictions or blocks by third-party platforms.
Article 13. Stock, physical assets and operational obligations
13.1. If stock, equipment, packaging materials, trading stock, return stock or other physical assets form part of the transaction, the Seller must describe these accurately.
13.2. The Seller must state the current stock value, valuation method, age, obsolescence, ownership, location, storage costs, pledges, retention of title and any restrictions.
13.3. The Seller must clearly state which operational obligations rest on the Webshop, including customer service, return processing, warranty claims, fulfilment, subscriptions, maintenance, software management, marketing, stock management and administration.
13.4. The Seller must state whether employees, freelancers, developers, customer service staff, fulfilment parties or other persons are essential to the operation of the Webshop and whether their involvement can be continued after the sale.
13.5. The Seller remains responsible for accurate information about stock and operational obligations, even if information comes from third-party systems.
Article 14. Legal, tax and compliance information
14.1. The Seller must disclose all relevant legal, tax and compliance aspects of the Webshop to the extent these may reasonably be of importance to a Buyer.
14.2. The Seller must provide information about, among other things, applicable general terms and conditions, privacy policy, cookie statement, returns policy, consumer law information obligations, product safety, warranties, claims, complaints, ongoing disputes, supervisory authorities, fines, taxes, VAT position, import duties, export restrictions, licences and sector regulations.
14.3. If the Webshop offers products or services to consumers, the Seller is responsible for compliance with consumer law obligations during the period in which they operate the Webshop.
14.4. If the Webshop operates outside the Netherlands, the Seller must disclose known foreign legal, tax, privacy law, consumer law or product law issues.
14.5. The Seller must disclose ongoing or threatened claims, disputes, complaints, collection proceedings, Chargebacks, return peaks, warranty claims, IP claims, privacy complaints, tax disputes, supplier disputes and other relevant risks.
14.6. AK OPERATIONS is not responsible for the legal, tax or compliance position of the Webshop.
Article 15. Privacy, customer data and personal data
15.1. The Seller is themselves responsible for the lawfulness of personal data that they process or share in the Listing, Offering Materials, Data Room or Sales Process.
15.2. The Seller may not provide customer databases, order histories, personal data of customers, supplier data, employee data or other personal data to AK OPERATIONS or Buyers unless a valid legal basis exists and the provision is necessary, proportionate and adequately secured.
15.3. Personal data of customers, suppliers, employees, freelancers or other third parties may not be included in the public Listing, unless this is lawful and expressly permitted in writing by AK OPERATIONS.
15.4. Where possible, the Seller must first provide commercial information in anonymised, aggregated or pseudonymised form.
15.5. The Seller must notify AK OPERATIONS in advance if they wish to include personal data in a Data Room, document, screenshot, export file or other Offering Materials.
15.6. The Seller must remove or redact sensitive or non-essential personal data before documents are provided to AK OPERATIONS or Buyers.
15.7. The Seller must immediately notify AK OPERATIONS of a data breach, security incident or unlawful disclosure of personal data related to the Platform or the Sales Process.
15.8. The Seller indemnifies AK OPERATIONS against claims, fines, costs and damage arising from unlawful processing or disclosure of personal data by the Seller.
Article 16. Intellectual property, domain names, software and content
16.1. The Seller must clearly state which intellectual property rights, domain names, trade names, trademarks, logos, texts, photographs, product data, databases, software, themes, plug-ins, source code, design files, social media accounts and other digital assets form part of the sale.
16.2. The Seller warrants that they are authorised to provide the Content in the Listing and Offering Materials to AK OPERATIONS and to grant AK OPERATIONS the licence included in the General Conditions.
16.3. The Seller must state whether certain rights are not transferable, are only licensed, belong to third parties or are subject to third-party consent.
16.4. The Seller may not place Content that infringes third-party rights.
16.5. The Seller must disclose known IP claims, cease and desist letters, conflicts regarding trade names, trademarks, copyright, photographs, software, databases, product information, domain names or social media accounts.
16.6. The Seller indemnifies AK OPERATIONS against third-party claims related to Content, IP rights, domain names, software, trademarks, photographs, texts, databases, account names or other materials provided by or on behalf of the Seller.
Article 17. Changes, updates and sale status
17.1. The Seller must keep the Listing and Offering Materials up to date.
17.2. The Seller must immediately notify AK OPERATIONS of changes in revenue, profit, traffic, stock, contracts, accounts, suppliers, legal risks, technical risks, availability, asking price, Transaction Amount, sale status, ownership, authority or other relevant circumstances.
17.3. The Seller may not allow a Listing to continue to exist if the Webshop is no longer available, has already been sold, is no longer transferable or is materially different from what is stated in the Listing.
17.4. If the Seller discovers incorrect or outdated information, they must immediately request AK OPERATIONS to amend or take offline the Listing.
17.5. AK OPERATIONS may check, refuse, edit or only publish amendments to a Listing after approval.
17.6. The Seller remains responsible for damage arising from failure to update the Listing or Offering Materials in a timely manner.
17.7. The Seller must immediately notify AK OPERATIONS if a Buyer and Seller reach agreement, commence exclusive negotiations, sign a letter of intent, give a Sale Confirmation, sign a purchase agreement or continue to negotiate outside the Platform regarding a transaction arising from a Lead.
Article 18. Publication, ranking, labels and visibility
18.1. AK OPERATIONS determines whether, when and in what manner a Listing is published.
18.2. The Seller has no entitlement to publication, continued publication, a particular position, ranking, visibility, category, search result, number of views, number of Leads, number of bids, sales result or other commercial outcome.
18.3. The display of Listings may be influenced by, among other things, relevance, currency, completeness, quality of information, availability, category, search settings, user behaviour, technical factors, complaints, risk signals, paid visibility, premium status, manual or automatic moderation and payment status.
18.4. AK OPERATIONS may add disclaimers, warnings, badges, labels, status notifications, explanations or supplementary information to a Listing.
18.5. Designations such as "premium", "featured", "highlighted", "verified", "checked" or comparable terms have only the meaning stated by AK OPERATIONS in connection with them.
18.6. A paid or premium designation does not mean that AK OPERATIONS warrants the legal, financial, tax, technical, commercial or operational quality of the Webshop.
18.7. If a verification or check is offered, it relates only to the expressly described components. Unverified components remain entirely at the risk of the Seller and Buyer.
Article 19. Moderation, refusal, suspension and removal
19.1. AK OPERATIONS may refuse, adjust, pause, demote, restrict, remove or make inaccessible a Listing if AK OPERATIONS sees reason to do so.
19.2. Grounds for a measure may include, among other things: incorrect information, incomplete information, deception, fraud, complaints, infringement of third-party rights, privacy risks, prohibited Content, conflict with laws and regulations, payment arrears, failed Stripe onboarding, incomplete verification, payment disputes, Chargebacks, reputational risk, security risk, lack of cooperation, doubt about authority to sell or breach of the General Conditions or these Seller Terms.
19.3. AK OPERATIONS may inform the Seller of the measure and the reason for it, unless this is not reasonable, not permitted or not desirable in connection with security, investigation, statutory obligations, interests of third parties or prevention of abuse.
19.4. The Seller may appeal against a measure with reasons via the contact address indicated by AK OPERATIONS.
19.5. AK OPERATIONS will decide on an appeal reasonably, but is not obliged to republish a Listing or reverse a measure.
19.6. A measure by AK OPERATIONS does not affect payment obligations, Platform Commissions, confidentiality obligations, indemnity obligations, anti-circumvention obligations, lead protection and rights of AK OPERATIONS already arisen.
Article 20. Free Listings, Paid Listings, Listing Packages and premium visibility
20.1. AK OPERATIONS may offer Free Listings, Paid Listings, Listing Packages, paid placements, featured Listings, promotional visibility, verifications, reports and other free or paid sales functionalities.
20.2. The nature, content, duration, price, restrictions, visibility and conditions of a Free Listing, Paid Listing, Listing Package or other sales functionality are stated on the Platform, in a quotation, in an order confirmation or in supplementary conditions.
20.3. Free Listings and free sales functionalities may be temporary, promotional, restricted or revocable. The Seller has no entitlement to continuation of free placement, free visibility, free functionalities or free support.
20.4. AK OPERATIONS may change, restrict, terminate or convert Free Listings or free sales functionalities to paid functionalities, in accordance with the General Conditions and any specific communications on the Platform.
20.5. For a Paid Listing or paid Listing Package, the Seller owes the fee stated by AK OPERATIONS from the moment the Seller orders, activates, accepts or makes use of the paid Service, unless AK OPERATIONS states otherwise.
20.6. All prices are exclusive of VAT and other charges, unless expressly stated otherwise.
20.7. A Paid Listing, premium visibility, featured placement, verification or other paid Service provides no guarantee of responses, Leads, bids, negotiations, Sale Confirmation, sale, ranking, revenue, Transaction Amount or other commercial result.
20.8. Fees paid for Listings or sales functionalities are not refunded if a Listing is removed, restricted or suspended due to a cause attributable to the Seller, including incorrect information, deception, fraud, breach of conditions, complaints, payment arrears, payment disputes, legal risks, integrity risks or lack of cooperation.
20.9. If AK OPERATIONS definitively terminates a paid Listing solely on its own initiative and without a cause attributable to the Seller before the end of the paid period, AK OPERATIONS may reasonably credit a proportionate part of the fee, unless agreed otherwise or unless the nature of the paid Service prevents this.
20.10. AK OPERATIONS may change prices, packages, features, placement criteria, payment routes, premium options and promotional actions. Changes do not apply retroactively to periods already paid for, unless required by law, the change is favourable to the Seller or the General Conditions provide otherwise.
Article 21. Subscriptions, payments and payment verification for sales services
21.1. If a Listing Package, paid placement or other sales service is offered as a Subscription, the duration, renewal, cancellation, price and other conditions apply as stated on the Platform, in the payment flow, in a quotation or in supplementary conditions.
21.2. Subscriptions and other periodic payments may be collected via Stripe or another Payment Service Provider. The Seller authorises AK OPERATIONS and/or the Payment Service Provider to periodically collect amounts owed via the chosen payment method, to the extent this is supported by the chosen payment method.
21.3. The Seller is responsible for a valid payment method, correct payment details, sufficient funds, timely payment and compliance with verification and onboarding requirements of Stripe or another Payment Service Provider.
21.4. If payment fails, a Subscription is not paid, payment details are incorrect or verification is not completed, AK OPERATIONS may suspend or terminate the relevant Listing, sales functionality, Payout, Account or access to the Sales Process.
21.5. Payment for a Listing Package or paid placement is separate from the Platform Commission that may be owed upon a sale or purchase of a Webshop, unless AK OPERATIONS expressly states otherwise.
21.6. If the Seller fails to pay an invoice on time or a payment via the Payment Service Provider fails, the Seller is in default without further notice. AK OPERATIONS may charge statutory interest, extrajudicial collection costs, legal costs and reasonable administrative costs.
Article 22. Sale Confirmation, Platform Commission and Transaction Amount
22.1. Upon a sale or purchase of a Webshop confirmed via the Platform, a Platform Commission is due. Unless AK OPERATIONS states otherwise, the Platform Commission is 5% of the Transaction Amount.
22.2. Unless AK OPERATIONS states otherwise, the Platform Commission is owed by the Seller. This does not affect the Buyer's possible obligation to cooperate with the payment route, Sale Confirmation and transaction settlement to the extent necessary for correct payment via the Platform.
22.3. A Sale Confirmation constitutes, in the relationship between AK OPERATIONS and the Seller, sufficient basis for charging or having deducted the Platform Commission.
22.4. The Seller must immediately and fully notify AK OPERATIONS of any sale, purchase, agreement, purchase agreement, transfer, payment or other transaction arising from a Lead, regardless of whether the transaction is completed within or outside the Platform.
22.5. The Seller warrants that every Sale Confirmation given by them is accurate, complete and current and corresponds to the arrangements between Seller and Buyer.
22.6. The Seller may not withhold, delay, falsify, incompletely give or otherwise manipulate a Sale Confirmation with the aim of evading the Platform Commission, the payment route or the interests of AK OPERATIONS.
22.7. The Transaction Amount comprises the total value of all performances agreed between Seller and Buyer in connection with the sale, purchase or transfer of the Webshop, including the purchase price, goodwill, stock, domain names, accounts, content, software, intellectual property rights, contracts, earn-out components, additional payments, instalment payments, deferred payments, debt assumption, set-offs, shares, services and other transaction-related fees, unless AK OPERATIONS expressly states otherwise.
22.8. If the purchase price or fee consists wholly or partly of earn-out, instalment payments, shares, set-offs, services, stock value, debt assumption or other non-cash elements, the basis for the Platform Commission is determined in accordance with the commercial arrangements or, in the absence thereof, reasonably on the basis of the economic value of the transaction.
22.9. The Seller must, upon request, provide AK OPERATIONS with the information reasonably necessary to determine the Platform Commission owed, including the identity of the Buyer, the transaction date, the purchase price, the transaction structure, the scope of the transferred Assets, proof of payment and relevant transaction documentation.
22.10. If the Platform Commission cannot be automatically deducted via Stripe Connect or another Payment Service Provider, the Platform Commission remains directly owed to AK OPERATIONS.
22.11. If a Sale Confirmation is given incorrectly, prematurely, too late or incompletely, the Seller remains responsible for the consequences, including payment obligations, corrections, repayments, Platform Commissions, administrative costs and damage to AK OPERATIONS.
Article 23. Stripe Connect, Connected Account, Payouts and Chargebacks
23.1. AK OPERATIONS may configure the Platform such that the Transaction Amount, Platform Commission, costs of the Payment Service Provider, Chargebacks, refunds, reserves, corrections and Payouts are processed via Stripe Connect or another Payment Service Provider designated by AK OPERATIONS.
23.2. The Seller must timely create, activate and maintain a valid Connected Account where required for payment processing, receipt of Transaction Amounts or Payout.
23.3. The Seller must provide all information that AK OPERATIONS, Stripe or another Payment Service Provider reasonably requires for onboarding, verification, KYC checks, sanctions checks, fraud prevention, tax purposes, payment processing, Payouts, Chargebacks and compliance with statutory obligations.
23.4. The Seller is responsible for the accuracy and currency of all payment, bank, identification, tax and verification data provided to Stripe, another Payment Service Provider or AK OPERATIONS.
23.5. The Platform Commission may be automatically deducted via Stripe Connect or another payment solution. To the extent technically supported, the remaining portion of the Transaction Amount, after deduction or set-off of the Platform Commission, costs of the Payment Service Provider, Chargebacks, refunds, corrections, reserves, taxes and other applicable amounts, is paid out to the Seller.
23.6. Payouts to the Seller may depend on verification, fraud prevention, compliance checks, technical processing, available payment methods, processing times of Stripe or another Payment Service Provider, reserves, Chargebacks, refunds, negative balances, statutory obligations and instructions of AK OPERATIONS or the Payment Service Provider.
23.7. AK OPERATIONS is not obliged to facilitate a Payout for as long as the Seller does not have a valid Connected Account, the required verification has not been completed, a Payment Service Provider refuses processing or Payout, or there is a payment dispute, suspicion of fraud, integrity risk, Chargeback, refund request, negative balance or other reasonable ground for suspension.
23.8. Costs of Stripe or another Payment Service Provider, including transaction costs, payment method costs, exchange rate costs, chargeback costs, refund costs, onboarding costs and other costs, are borne by the party stated on the Platform, in the payment flow, in supplementary conditions or in the transaction documentation. If nothing is stated, AK OPERATIONS may deduct these costs from the Transaction Amount, pass them on to the relevant User or set them off against a Payout, to the extent permitted by law.
23.9. If a payment is reversed, disputed, cancelled or refunded, fees and Platform Commissions already owed remain due, unless AK OPERATIONS determines otherwise in writing or mandatory law prevents this.
23.10. AK OPERATIONS may set off amounts, apply deductions or demand additional payment if a Chargeback, refund, incorrect Payout, correction, payment dispute, fraud investigation or negative balance results in a shortfall, repayment obligation or damage to AK OPERATIONS.
23.11. A payment via Stripe Connect or another Payment Service Provider does not constitute a guarantee that the underlying transaction is legally valid, complete, unconditional, uncontested or successful.
23.12. The Seller remains responsible for invoicing, VAT, tax processing, bookkeeping, reporting and other financial obligations in connection with the sale of the Webshop, the Platform Commission, costs of the Payment Service Provider and the Payout.
Article 24. Prohibition on circumvention and lead protection
24.1. The Seller may not circumvent the Platform, AK OPERATIONS, contact rules, payment rules, commission arrangements, Sale Confirmations, Lead rules, Listing fees, Stripe Connect functionalities or other commercial interests of AK OPERATIONS.
24.2. The Seller may not use contact details, payment arrangements, alternative communication channels, alternative payment routes, incorrect Sale Confirmations or transaction structures to keep AK OPERATIONS outside the Sales Process where doing so would prejudice fees, Platform Commissions, contact rules, payment rules or other interests of AK OPERATIONS.
24.3. If a Buyer has come to know the Seller or the Webshop via the Platform, via AK OPERATIONS, via a Listing, via a Data Room, via an information request, via a bid, via a Sale Confirmation or via a contact facilitated by AK OPERATIONS, that Buyer is deemed to be a party introduced by AK OPERATIONS.
24.4. During the Post-Referral Period, the Seller may not conclude a transaction with a party introduced by AK OPERATIONS without notifying AK OPERATIONS and paying the applicable fee or Platform Commission.
24.5. Unless agreed otherwise in writing, the Post-Referral Period is twelve months after the first contact between Seller and Buyer via the Platform or via AK OPERATIONS.
24.6. A transaction with a group company, director, shareholder, employee, adviser, investor, authorised representative, family member or other party connected to the Buyer is, for the purposes of this article, treated as a transaction with the Buyer.
24.7. The Seller may not split, reduce, defer, rename, transfer to a third party, convert to ancillary services or keep outside the administration the Transaction Amount with the aim of avoiding the Platform Commission in whole or in part.
24.8. If AK OPERATIONS suspects circumvention, the Seller must upon request provide all relevant information, evidence, correspondence, proof of payment, invoices and transaction documentation.
24.9. In the event of a breach of this article, the Seller is liable for all damage to AK OPERATIONS, including missed fees, missed Platform Commissions, investigation costs, collection costs, legal costs, internal costs and reputational damage.
Article 25. Exclusivity and sale outside the Platform
25.1. The Seller does not grant AK OPERATIONS exclusivity, unless this has been expressly agreed in writing.
25.2. If exclusivity has been agreed, the Seller must during the exclusivity period allow all sales opportunities, Leads, bids, negotiations, Sale Confirmations and transactions regarding the Webshop to take place via or in consultation with AK OPERATIONS in accordance with the exclusivity arrangement.
25.3. If no exclusivity has been agreed, the Seller may offer the Webshop elsewhere as well, provided they keep the Listing up to date, do not mislead AK OPERATIONS, respect Leads introduced by AK OPERATIONS and comply with the applicable fee, Platform Commission, notification and anti-circumvention arrangements.
25.4. If the Webshop is sold outside the Platform to a party not introduced by AK OPERATIONS, the Seller must immediately notify AK OPERATIONS so that the Listing can be amended or removed.
25.5. The Seller may not create a double sale, conflicting negotiations, incorrect Sale Confirmation or misleading sale status.
Article 26. Contact with Buyers and communication
26.1. The Seller must conduct communications with Buyers carefully, professionally, completely and not misleadingly.
26.2. AK OPERATIONS may determine that initial communications, information requests, bids, Sale Confirmations or contact requests must take place exclusively via the Platform.
26.3. The Seller may not place contact details in a public Listing if AK OPERATIONS does not permit this.
26.4. The Seller may use contact details obtained via the Platform only for the Sales Process regarding the relevant Webshop and not for marketing, spam, phishing, competitive purposes or other unauthorised purposes.
26.5. AK OPERATIONS may inspect, retain, moderate, restrict or use communications via the Platform to the extent consistent with the General Conditions, the privacy policy and applicable laws and regulations.
26.6. The Seller is themselves responsible for undertakings, warranties, statements and representations made to Buyers.
26.7. The Seller may not make statements that conflict with the Listing, the General Conditions, these Seller Terms or the role of AK OPERATIONS as a facilitating platform.
Article 27. Confidentiality, Data Room and NDA
27.1. The Seller may make Sales Documentation available to Buyers via the Platform or in consultation with AK OPERATIONS.
27.2. AK OPERATIONS may require Buyers to first accept an NDA or confidentiality arrangement before gaining access to certain Sales Documentation or Confidential Information.
27.3. The Seller is responsible for determining which information is confidential and which information is provided to Buyers at which phase of the Sales Process.
27.4. The Seller must notify AK OPERATIONS in advance if highly sensitive information, personal data, trade secrets, source code, customer data, account access, contracts or other high-risk information is to be shared.
27.5. The Seller may not share passwords, unsecured access codes, live account access, API keys or other access credentials via the Platform, unless AK OPERATIONS expressly permits this and appropriate security measures have been taken.
27.6. AK OPERATIONS does not warrant that a Buyer will comply with confidentiality obligations or will not misuse information received. The Seller remains themselves responsible for the decision as to which information they provide and when.
27.7. If the Seller believes that a Buyer has breached confidentiality, the Seller must immediately notify AK OPERATIONS and provide all relevant information so that AK OPERATIONS can consider appropriate measures.
Article 28. Bids, negotiations and intentions
28.1. A bid, response, message, expression of interest, status change, Sale Confirmation or other signal from a Buyer via the Platform has only the legal meaning that Seller and Buyer assign to it mutually and that follows from applicable law and their arrangements.
28.2. Unless expressly stated otherwise and agreed between Seller and Buyer, bids via the Platform are not binding on AK OPERATIONS.
28.3. AK OPERATIONS is not responsible for the content, validity, enforceability, completeness or performance of bids, letters of intent, purchase agreements, payment arrangements, Sale Confirmations or other arrangements between Seller and Buyer.
28.4. The Seller must handle multiple bids carefully and may not mislead Buyers about the status of negotiations, exclusivity, sales pressure, competing bids, availability, Sale Confirmations or payment status.
28.5. If the Seller enters into exclusive negotiations with a Buyer, they remain obliged to notify AK OPERATIONS if this is relevant to the Listing, the sale status, access by other Buyers or the applicable fee or Platform Commission.
28.6. The Seller remains responsible for obtaining their own legal, tax, financial and technical advice regarding bids, letters of intent and transaction documentation.
Article 29. Purchase agreement and transfer
29.1. The purchase agreement regarding the Webshop is concluded between Seller and Buyer, unless AK OPERATIONS is expressly named in writing as a party to a specific agreement.
29.2. The Seller and Buyer are themselves responsible for drawing up, reviewing, negotiating, concluding and performing the purchase agreement and all related documents.
29.3. If AK OPERATIONS makes templates, models, checklists, clauses or documentation available, these are of a general nature and do not constitute legal, tax, financial or technical advice, unless expressly agreed otherwise in writing.
29.4. The Seller is responsible for the actual delivery and transfer of the agreed Assets, including domain names, websites, files, content, software, accounts, contracts, stock, documentation and access credentials.
29.5. Before signing the purchase agreement, the Seller must clearly record which Assets are being transferred, which Assets are not being transferred, which consents are required, what conditions apply, what payment arrangements apply, what obligations continue after transfer and how the Platform Commission is processed.
29.6. AK OPERATIONS is not responsible for migration, delivery, technical transfer, contract assignment, payment of the purchase price, tax settlement or post-closing obligations, unless expressly agreed otherwise in writing.
29.7. The Seller may not structure the transfer in such a way as to circumvent the Platform Commission, Sale Confirmation, payment route or lead protection.
29.8. If a purchase agreement is generated via the Platform on the basis of Listing data and additional choices made by the parties, further specifications may be included in annexes, the Data Room or Closing documents. Seller remains responsible for ensuring that the final purchase agreement describes the Assets to be transferred in a sufficiently determinable manner and does not omit any material restrictions.
Article 30. Payment route, purchase price and financial third parties
30.1. If the Platform offers a payment route via Stripe Connect or another Payment Service Provider, Seller and Buyer must use that payment route to the extent AK OPERATIONS makes this mandatory for the relevant transaction or it is necessary for deduction of the Platform Commission.
30.2. Unless expressly agreed otherwise, AK OPERATIONS does not itself hold purchase prices, deposits, escrow amounts or transfer amounts as a bank, notary, lawyer, escrow agent or custodian of third-party funds.
30.3. If parties wish to use a notarial third-party account, escrow, deposit, holdback or other secured payment structure outside Stripe Connect or the payment route designated by AK OPERATIONS, they must make appropriate arrangements themselves with a specialist payment service provider, notary, lawyer, escrow agent or other suitable third party and notify AK OPERATIONS in advance if this has consequences for the Platform Commission or Sale Confirmation.
30.4. If AK OPERATIONS facilitates, integrates or recommends Stripe, Stripe Connect, a payment provider or other third-party service provider, this does not mean that AK OPERATIONS is responsible for the operation, conditions, security, reserves, blocks, delays, Chargebacks, refunds, Payouts or performance of that third party.
30.5. Fees owed to AK OPERATIONS, including the Platform Commission, are separate from the payment of the purchase price between Seller and Buyer, unless expressly agreed otherwise.
30.6. The Seller remains responsible for invoicing, VAT, tax processing, bookkeeping, administrative recording and other financial obligations in connection with the sale of the Webshop.
Article 31. Complaints, claims and disputes
31.1. The Seller must immediately notify AK OPERATIONS of complaints, claims, disputes, cease and desist letters, reports, investigations, proceedings, fraud indicators, data breaches, infringement notifications, payment disputes, Chargebacks, refund requests or other matters related to a Listing, Webshop, Lead, Sale Confirmation, Payout or Sales Process.
31.2. AK OPERATIONS may, following a complaint or report, request additional information, temporarily restrict or remove a Listing, restrict communication, block access to Sales Documentation, investigate a Sale Confirmation, suspend a Payout or take other measures.
31.3. Disputes between Seller and Buyer must be resolved by Seller and Buyer themselves.
31.4. AK OPERATIONS is not obliged to mediate in disputes between Seller and Buyer.
31.5. If AK OPERATIONS has contact with parties about a dispute on request or on its own initiative, this does not mean that AK OPERATIONS acknowledges liability or accepts responsibility for the dispute.
31.6. The Seller shall indemnify AK OPERATIONS against claims by Buyers and third parties related to the Listing, Offering Materials, Webshop, purchase agreement, transfer, payment, Payout or performance of the transaction.
Article 32. Evidence, logging and administration
32.1. AK OPERATIONS may retain log files, acceptance logs, system data, communication data, payment data, Stripe data, Connected Account statuses, Listing versions, timestamps, Lead data, IP addresses, status changes, Sale Confirmations, Transaction Amounts, Platform Commissions, Payouts and other records to the extent necessary or desirable for administration, security, evidence gathering, dispute resolution, statutory obligations, fraud prevention or protection of rights.
32.2. The administration and records of AK OPERATIONS constitute evidence of, among other things, acceptance of conditions, placement of Listings, amendments, publication, Leads, contact moments, messages, status changes, Sale Confirmations, Transaction Amounts, Platform Commissions, payments, Payouts, Stripe data and measures, subject to counter-evidence by the Seller.
32.3. The Seller must retain their own evidence substantiating the accuracy of the Listing, the sales information, the authority to sell, the financial data, the technical information, the transferability, the Sale Confirmation, the Transaction Amount and compliance with obligations.
32.4. The Seller must provide evidence upon request within a reasonable period to AK OPERATIONS.
32.5. AK OPERATIONS is not obliged to retain Sales Documentation, Listings, communications or data indefinitely or to make them available.
Article 33. Integrity, fraud and sanctions
33.1. The Seller may not use the Platform for fraud, deception, money laundering, tax evasion, sanctions evasion, terrorism financing, phishing, malware, hacking or other unlawful activities.
33.2. The Seller declares that they, their business and, where relevant, their ultimate beneficial owners are not subject to sanctions, trade restrictions, export restrictions or other statutory restrictions that prohibit use of the Platform, payment processing or sale of the Webshop.
33.3. The Seller must immediately notify AK OPERATIONS if they know or suspect that a Buyer, Lead, transaction, payment, Payout, Connected Account or Webshop is related to fraud, money laundering, sanctions, crime or other integrity risks.
33.4. AK OPERATIONS may carry out verifications, request information, engage Stripe or another Payment Service Provider and take measures if it suspects integrity risks.
33.5. The Seller must cooperate with all reasonable requests from AK OPERATIONS, Stripe or another Payment Service Provider in connection with integrity, fraud prevention, sanctions checks, payment processing, chargeback handling, compliance and statutory obligations.
33.6. The Seller is liable for damage suffered by AK OPERATIONS due to fraud, deception, incorrect information, integrity risks, Chargebacks, unlawful payments or unlawful conduct by the Seller.
Article 34. Indemnification by the Seller
34.1. The Seller indemnifies AK OPERATIONS against all claims, damage, fines, costs, demands and proceedings by Buyers, other Users, third parties, Stripe, other Payment Service Providers and government authorities related to the Seller, the Listing, the Offering Materials, the Sales Documentation, the Webshop, the Sales Process, the Sale Confirmation, the Transaction Amount, the Payout or the transaction.
34.2. The indemnification covers, among other things, claims regarding incorrect, incomplete, outdated or misleading information; unauthorised sale; non-transferable Assets; infringement of third-party rights; breach of privacy legislation; breach of consumer law; tax matters; technical defects; hidden obligations; claims; debts; disputes; fraud; breach of confidentiality; circumvention; payment disputes; Chargebacks; refunds; incorrect Sale Confirmations; or shortcomings in the purchase agreement or transfer.
34.3. The indemnification also covers reasonable legal costs, investigation costs, collection costs, expert costs, reputation recovery costs, internal handling costs, payment dispute costs and costs related to enforcement of AK OPERATIONS's rights.
34.4. The Seller shall provide AK OPERATIONS with all reasonable cooperation in defending against claims and in investigating complaints, claims, fraud, infringement, data breaches, payment disputes, Chargebacks or other relevant matters.
Article 35. Liability and no warranties by AK OPERATIONS
35.1. The Seller acknowledges that AK OPERATIONS gives no warranties regarding the Webshop, the Listing, Buyers, Leads, bids, Sale Confirmations, sales opportunities, purchase price, Transaction Amount, Payout, transfer, technical operation, tax consequences or commercial results.
35.2. AK OPERATIONS is not liable for damage to the Seller due to absence of responses, Leads, bids, Sale Confirmation, sale or revenue.
35.3. AK OPERATIONS is not liable for damage to the Seller due to the conduct, statements, financial position, due diligence, payment, negotiations, breach of confidentiality or shortcomings of a Buyer.
35.4. AK OPERATIONS is not liable for damage related to Stripe, Stripe Connect, other Payment Service Providers, failed payments, delayed Payouts, reserves, Chargebacks, refunds, payment disputes, verification decisions, blocks, negative balances or changes to payment conditions.
35.5. The liability limitations in the General Conditions continue to apply in full.
35.6. Nothing in these Seller Terms increases AK OPERATIONS's liability or limits the liability limitations included in the General Conditions.
Article 36. Termination, withdrawal and consequences
36.1. The Seller may withdraw a Listing in accordance with the procedure offered by AK OPERATIONS, unless agreed otherwise in writing.
36.2. Withdrawal of a Listing does not affect payment obligations already incurred, Platform Commissions, lead protection, Sale Confirmations, confidentiality obligations, indemnities and liabilities.
36.3. AK OPERATIONS may terminate or restrict the Account, Listing, Listing Package, Data Room, payment functionality, Payout or access to sales functionalities in accordance with the General Conditions and these Seller Terms.
36.4. After termination, AK OPERATIONS may retain data to the extent necessary for administration, evidence gathering, dispute resolution, statutory obligations, fraud prevention, payment settlement or protection of rights.
36.5. After termination, the Seller has no entitlement to continued publication, access to Leads, access to communications, access to payment functionalities, replacement of Content or refund, unless agreed otherwise in writing or mandatory law provides otherwise.
36.6. Termination of a Listing, Account or Listing Package does not affect AK OPERATIONS's right to collect or have collected a Platform Commission already owed.
Article 37. Amendment of these Seller Terms
37.1. AK OPERATIONS may amend these Seller Terms.
37.2. Amendments are announced via the Platform, by email or in another reasonable manner.
37.3. For existing paid Listing Packages, material amendments do not apply retroactively during the period already paid for, unless the amendment is necessary due to legislation, security, payment processing, fraud prevention, protection of Users or other compelling reasons.
37.4. If the Seller disagrees with a material amendment, they may terminate use of the Platform before the effective date of the amendment. Obligations already incurred continue.
37.5. Continued use of the Platform after the effective date constitutes acceptance of the amended Seller Terms.
Article 38. Final provisions
38.1. These Seller Terms together with the General Conditions constitute the contractual basis for Listings and the Sales Process.
38.2. The Seller declares that they have read, understood and accepted these Seller Terms before placing a Listing or participating in the Sales Process.
38.3. These Seller Terms are governed by Dutch law, in accordance with the General Conditions.
38.4. Disputes between AK OPERATIONS and the Seller are handled in accordance with the jurisdiction clause in the General Conditions.
38.5. If any provision of these Seller Terms is void, voidable or unenforceable, the remaining provisions continue in full force and effect. The parties shall replace the invalid provision with a valid provision that corresponds as closely as possible to the purpose and intent of the original provision.