GENERAL TERMS OF USE AND PLATFORM CONDITIONS — WEBSHOPMARKET.COM
Version: 20 July 2026
Article 1. Definitions
1.1. In these General Terms of Use and Platform Conditions, the terms listed below have the following meanings.
1.2. Subscription: a periodic payment obligation for an Account, Premium Service, Premium Buyer Account, paid functionality or other ongoing Service of AK OPERATIONS.
1.3. Account: the personal or business registration of a User on the Platform through which the User gains access to certain functionalities of the Platform.
1.4. Paid Listing: a Listing for which the Seller owes a one-off, periodic or otherwise determined fee to AK OPERATIONS.
1.5. Payment Service Provider: Stripe or another external payment service provider engaged by AK OPERATIONS for payment processing, subscriptions, commission deduction, payment verification, refunds, chargebacks and payouts.
1.6. Chargeback: any reversal, cancellation, dispute, refund request, payment correction, refund, payment refusal or comparable correction in respect of a payment via or in connection with the Platform.
1.7. Connected Account: a payment account or other account of a User with Stripe or another Payment Service Provider required for receiving, processing, splitting or paying out payments via the Platform.
1.8. Content: all data, texts, images, documents, files, trade names, logos, trademarks, domain names, figures, descriptions, communications, messages, offers, listings, metadata and other information placed, provided, uploaded, sent or made accessible by a User on or via the Platform.
1.9. Service: any service, functionality, facility, module, access, placement, Listing, paid option, Premium Service, communication facility, documentation, verification, reporting or other performance offered by AK OPERATIONS via or in connection with the Platform.
1.10. User: any natural person, business or legal entity that visits or uses the Platform, creates an Account on it, places Content, views a Listing, requests information, contacts another User or makes use of Services of AK OPERATIONS.
1.11. Free Account: an Account for which no periodic or one-off fee is owed to AK OPERATIONS and through which access is obtained only to the basic functionalities designated by AK OPERATIONS.
1.12. Free Listing: a Listing that may be placed free of charge for a period determined by AK OPERATIONS, without the Seller being entitled to continuation of free placement or to retention of the same functionalities, visibility or conditions.
1.13. Buyer: the User who views a Webshop, requests information about a Webshop, expresses interest in a Webshop, seeks contact with a Seller, conducts negotiations regarding a Webshop, or wishes to purchase or purchases a Webshop.
1.14. Listing: the presentation, advertisement, description or offer of a Webshop placed on or via the Platform, including all related information, figures, documents, images and explanations.
1.15. AK OPERATIONS: AK OPERATIONS B.V., registered at Herenweg 64, unit 43, 3602 AR, Maarssen, the Netherlands, entered in the trade register of the Chamber of Commerce under number 42034947, operator of the Platform.
1.16. Agreement: any agreement between AK OPERATIONS and a User in respect of the use of the Platform, an Account, a Service, a paid Service, a Listing, a Premium Service, a Premium Buyer Account, a Platform Commission or any other service offered by AK OPERATIONS.
1.17. Platform: the online environment, website, web application, application, administrative environment, database, communication function and other digital infrastructure of AK OPERATIONS, including Webshopmarket.com and any associated domains, subdomains or trade names.
1.18. Platform Commission: the fee owed to AK OPERATIONS upon a sale or purchase of a Webshop confirmed via the Platform, or upon a transaction arising from a contact, lead, Listing, introduction or communication via the Platform. Unless AK OPERATIONS states otherwise, the Platform Commission is 5% of the Transaction Amount.
1.19. Platform Conditions: these General Terms of Use and Platform Conditions, including all subsequent amendments.
1.20. Premium Service: any paid or unpaid additional feature, status, visibility, verification, promotion, placement, access, analysis, reporting or other supplementary service offered by AK OPERATIONS to a User.
1.21. Premium Buyer Account: a paid Account or paid supplementary Service for Buyers providing access to more extensive functionalities within the Platform, to the extent made available by AK OPERATIONS.
1.22. Stripe: Stripe Payments Europe, Limited, Stripe Technology Europe, Limited, Stripe Payments UK Ltd or another Stripe entity used by AK OPERATIONS or a User for payment processing via or in connection with the Platform.
1.23. Stripe Connect: the payment infrastructure offered by Stripe for platforms and marketplaces, enabling the processing of payments, subscriptions, commission deductions, payment splits, reserves, refunds, Chargebacks and payouts.
1.24. Transaction Amount: the total amount and total value of all performances agreed between Buyer and Seller in connection with the sale, purchase or transfer of a Webshop, including the purchase price, goodwill, stock, domain names, accounts, content, software, intellectual property rights, contracts, earn-out components, additional payments, deferred payments and other transaction-related fees.
1.25. Payout: the payment of the portion of the Transaction Amount due to the Seller, after any deduction or set-off of the Platform Commission, costs of the Payment Service Provider, Chargebacks, refunds, reserves, corrections, deductions, taxes and other applicable amounts.
1.26. Sale Confirmation: any act, status change, confirmation, acceptance, agreement, administrative marking or other confirmation within or outside the Platform indicating that a sale, purchase, agreement, binding arrangement or comparable transaction regarding a Webshop has been concluded or is being treated as such by the parties.
1.27. Seller: the User who offers a Webshop, places a Listing, provides information about a Webshop, conducts negotiations with a Buyer, or wishes to sell or sells a Webshop.
1.28. Confidential Information: all information provided by or on behalf of a User, AK OPERATIONS or a third party via the Platform, which the recipient knows or ought reasonably to understand to be confidential, including business information, financial data, revenue data, margins, visitor statistics, analytics data, customer information, supplier information, contracts, technical documentation, source files, account information, commercial strategies, bids, negotiations and sales documentation.
1.29. Webshop: an online shop, e-commerce business, trading activity, digital enterprise or combination of digital assets offered via the Platform or in which interest is expressed via the Platform, including the associated domain names, trade names, websites, software, content, contracts, accounts, customer data, stock, rights, obligations and other assets, as applicable.
Article 2. Applicability
2.1. These Platform Conditions apply to every visit to and every use of the Platform, every Account, every Listing, every communication via the Platform, every Service of AK OPERATIONS, every payment processing via the Platform and every Agreement between AK OPERATIONS and a User.
2.2. By visiting the Platform, creating an Account, placing a Listing, requesting information, contacting another User, purchasing a paid Service, giving a Sale Confirmation, making a payment or otherwise using the Platform, the User accepts these Platform Conditions.
2.3. If the User accepts these Platform Conditions on behalf of a business, legal entity or other organisation, the User declares that they are authorised to legally represent that business, legal entity or organisation.
2.4. The applicability of general terms and conditions, purchase conditions or other terms of the User is expressly excluded, unless AK OPERATIONS has expressly accepted such terms in writing.
2.5. If, in addition to these Platform Conditions, specific conditions apply to Sellers, Buyers, Premium Services, Premium Buyer Accounts, NDAs, paid services, privacy, cookies, payment processing, Stripe Connect, purchase documentation or other parts of the Platform, those specific conditions also apply.
2.6. In the event of conflict between these Platform Conditions and specific written conditions of AK OPERATIONS, the specific conditions take precedence, but only to the extent they relate to the specific subject matter for which they were drawn up.
2.7. Deviations from these Platform Conditions are only valid if confirmed in writing by AK OPERATIONS.
Article 3. Purpose and nature of the Platform
3.1. AK OPERATIONS operates a digital platform on which Sellers can present Webshops and on which Buyers can view and request information and, where functionalities permit, contact Sellers.
3.2. The Platform is intended as a facilitating and intermediary platform. AK OPERATIONS connects Users and makes digital functionalities available, but is not a party to the ultimate purchase agreement between Seller and Buyer.
3.3. AK OPERATIONS is not the provider, owner, seller, buyer, broker in the legal sense, valuator, accountant, tax adviser, technical auditor, legal adviser, due diligence party, payment service provider, escrow agent, custodian of third-party funds or guarantor of the Webshops offered via the Platform, unless AK OPERATIONS has expressly agreed otherwise in writing.
3.4. A Listing on the Platform does not constitute approval, verification, valuation, guarantee, recommendation or substantive assessment by AK OPERATIONS, unless AK OPERATIONS expressly states otherwise in writing in connection with the relevant Listing.
3.5. The ultimate assessment, negotiation, purchase, sale, delivery, transfer, payment and execution of a transaction regarding a Webshop takes place between Seller and Buyer, at the sole risk and expense of those parties.
3.6. AK OPERATIONS may offer supplementary Services, such as free functionalities, Paid Listings, Premium Buyer Accounts, paid visibility, premium functionalities, verification, legal documents, valuation tools, technical checks or other services. Such Services have only the content and scope expressly described by AK OPERATIONS.
3.7. The offering of a supplementary Service by AK OPERATIONS does not mean that AK OPERATIONS becomes a party to the purchase agreement between Seller and Buyer, unless this has been expressly agreed in writing.
3.8. AK OPERATIONS may structure the Platform such that certain payments, Subscriptions, Paid Listings, Premium Services, Premium Buyer Accounts, Transaction Amounts, Platform Commissions and Payouts are processed via Stripe, Stripe Connect or another Payment Service Provider designated by AK OPERATIONS.
3.9. The use of Stripe or another Payment Service Provider does not mean that AK OPERATIONS itself acts as a payment service provider, bank, escrow agent, notary, custodian of third-party funds or party to the purchase agreement between Seller and Buyer.
3.10. To the extent payments take place via Stripe Connect, Stripe may collect, split, withhold, reserve, reverse, pass on or otherwise process payments in accordance with the applicable Stripe conditions, the technical configuration of the Platform and the arrangements in place between AK OPERATIONS and the User.
3.11. AK OPERATIONS is entitled to have a Platform Commission automatically deducted via Stripe Connect or another payment solution upon a sale or purchase of a Webshop confirmed via the Platform.
3.12. Payment processing via Stripe or another Payment Service Provider does not affect the Seller's and Buyer's own responsibility for the purchase agreement, payment, delivery, transfer, tax treatment, any dissolution, repayment and other consequences of their mutual transaction.
Article 4. B2B basis and admission
4.1. The Platform is primarily intended for business users acting in the exercise of a profession or business.
4.2. AK OPERATIONS may request, upon registration or use, company details, Chamber of Commerce number, VAT number, identification details, contact details, payment details, verification details and other information necessary to assess the identity, capacity, authority or reliability of a User.
4.3. The User warrants that all data provided by them is accurate, complete, current and not misleading.
4.4. If a User is not acting in the exercise of a profession or business, they must expressly notify AK OPERATIONS before using paid Services, placing a Listing, making a bid, purchasing a Premium Buyer Account, giving a Sale Confirmation or entering into a transaction.
4.5. AK OPERATIONS may refuse registration or use if AK OPERATIONS considers that the Platform, a Service or a particular transaction is not suitable for the relevant User, or if admission may create legal, commercial, operational, reputational or security risks.
4.6. AK OPERATIONS is not obliged to admit a User, activate an Account, publish a Listing, enable payment processing or deliver a Service.
4.7. Where mandatory consumer protection law applies, the relevant statutory consumer rights continue to apply. To the extent the User acts as a consumer without notifying AK OPERATIONS, the User is liable for the damage suffered by AK OPERATIONS as a result, to the extent permitted by law.
Article 5. Account, verification and security
5.1. An Account may be required for certain functionalities of the Platform.
5.2. The User is responsible for the accuracy of their registration data and for keeping it up to date.
5.3. The User is responsible for keeping login details, passwords, authentication means and access codes confidential.
5.4. The Account is personal or business-specific and may not be transferred, shared, leased, sold or otherwise made available to third parties without the prior written consent of AK OPERATIONS.
5.5. All actions carried out via the User's Account are deemed to have been performed by or on behalf of the User, unless the User demonstrates that abuse has occurred that cannot be attributed to them.
5.6. The User must immediately notify AK OPERATIONS in the event of suspected loss, theft, misuse, unauthorised access or security incidents in connection with their Account.
5.7. AK OPERATIONS may require additional security measures, including two-factor authentication, identity verification, verification of company details, verification of payment details, completion of Stripe onboarding or password changes.
5.8. AK OPERATIONS may temporarily block an Account if it suspects misuse, unauthorised access, fraud, breach of these Platform Conditions, payment risks, integrity risks or another security risk.
5.9. Where a Connected Account is required for payment processing, Payout or receipt of Transaction Amounts, the User must complete the necessary onboarding, verification and information provision in a timely and complete manner.
5.10. AK OPERATIONS is not liable for consequences of failure to complete, or untimely or incomplete completion of, verification, onboarding or payment activation by a User.
Article 6. Obligations of all Users
6.1. The User shall use the Platform exclusively in accordance with these Platform Conditions, applicable laws and regulations, reasonableness and fairness and what is acceptable in social conduct.
6.2. The User shall not place, provide or distribute any incorrect, incomplete, misleading, fraudulent, unlawful, discriminatory, threatening, offensive, harmful, infringing or otherwise unauthorised Content.
6.3. The User shall not perform any actions that may harm the operation, security, integrity, availability or reputation of the Platform, AK OPERATIONS, other Users, Stripe, other Payment Service Providers or third parties.
6.4. The User shall not use or distribute viruses, malware, spyware, ransomware, scripts, bots, scrapers, crawlers, automated tools or other harmful or unwanted software via the Platform.
6.5. The User shall not collect, copy, scrape, download, reuse, sell or exploit data of other Users without the prior written consent of AK OPERATIONS and the relevant User.
6.6. The User shall not circumvent any security measures, access restrictions, payment obligations, technical restrictions or usage restrictions of the Platform.
6.7. The User shall not use contact details, communication channels, payment flows, Sale Confirmations, Stripe functionalities or other facilities to circumvent AK OPERATIONS where doing so would prejudice fees, Platform Commissions, contact rules or other interests of AK OPERATIONS.
6.8. The User shall not place Content or conduct communication that infringes intellectual property rights, privacy rights, trade name rights, trademark rights, copyright, database rights, contractual rights or other rights of AK OPERATIONS, other Users or third parties.
6.9. The User shall not perform any actions that may lead to reputational damage, liability, claims, fines, sanctions or other adverse consequences for AK OPERATIONS.
6.10. The User shall follow all reasonable instructions of AK OPERATIONS in respect of the Platform, security, verification, Content, Listings, communications, payments, Stripe Connect, Sale Confirmations, Payouts and compliance with these Platform Conditions.
Article 7. Role of Sellers
7.1. A Seller bears full responsibility for every Listing placed by them and all Content provided in connection therewith.
7.2. The Seller declares and warrants that all information provided by them about a Webshop is accurate, complete, current, verifiable and not misleading.
7.3. The Seller declares and warrants that they are authorised to offer the Webshop, to negotiate regarding it and, if agreement is reached, to sell and transfer the Webshop.
7.4. The Seller is responsible for disclosing all facts and circumstances that may be relevant to a potential Buyer, including restrictions, claims, debts, disputes, dependencies, contractual obligations, technical limitations, licence conditions, privacy risks, tax issues and intellectual property restrictions.
7.5. The Seller may not state revenue, profit, margin, visitor numbers, conversion rates, customer numbers, contracts, stock, accounts, rights, obligations or other relevant data in a manner that is incorrect, incomplete or misleading.
7.6. The Seller must immediately update the Listing or notify AK OPERATIONS of any changes to the Webshop, the availability of the Webshop, the sale status, the information provided, the asking price, bids received, information received or other relevant circumstances.
7.7. The Seller is responsible for retaining evidence to substantiate the information included in the Listing.
7.8. AK OPERATIONS may request additional information, documents, declarations or evidence from the Seller. The Seller shall cooperate with this within a reasonable period.
7.9. AK OPERATIONS is not obliged to verify the accuracy, completeness or lawfulness of Listings or information from Sellers.
7.10. If AK OPERATIONS checks, moderates, supplements, edits, labels, publishes or includes a Listing in paid or premium functionalities, this does not mean that AK OPERATIONS approves, guarantees or accepts responsibility for the content of that Listing.
7.11. The Seller is responsible for timely creating, activating and maintaining a Connected Account where required for receiving Payouts.
7.12. The Seller indemnifies AK OPERATIONS against all claims by Buyers, Users and third parties relating to the Listing, the Webshop offered, incorrect or incomplete information, unauthorised sale, non-transferable assets, infringement of third-party rights, privacy violations, tax matters, technical restrictions, Chargebacks or shortcomings in the transaction between Seller and Buyer.
Article 8. Role of Buyers
8.1. A Buyer bears full responsibility for their own assessment of a Webshop and for their decision to request information, make contact, negotiate, make a bid, give a Sale Confirmation or purchase a Webshop.
8.2. The Buyer acknowledges that information about a Webshop originates in principle from the Seller and not from AK OPERATIONS.
8.3. The Buyer may not assume that AK OPERATIONS has verified the accuracy, completeness, currency, value, profitability, technical operation, legal transferability, tax position or commercial suitability of a Webshop.
8.4. The Buyer must conduct independent due diligence and, where necessary, obtain their own legal, financial, tax, technical, commercial and privacy law advice.
8.5. The Buyer is responsible for assessing, among other things, revenue, profit, margin, traffic, conversion, contracts, suppliers, customer data, software, hosting, domain names, accounts, stock, rights, obligations, claims, debts, privacy aspects, tax aspects, technical dependencies and transferability.
8.6. The Buyer may use Confidential Information only for the purpose of assessing a possible purchase of the relevant Webshop.
8.7. The Buyer may not use Confidential Information to approach, circumvent, compete with, copy or harm the Seller, customers, suppliers, employees, contracting parties or other relations of the Seller, unless the Seller has given express written consent.
8.8. A Premium Buyer Account entitles the Buyer only to the supplementary functionalities described by AK OPERATIONS. The Premium Buyer Account provides no guarantee of access to all Listings, access to all Confidential Information, acceptance by Sellers, successful purchase, exclusivity, preferred position or any commercial result.
8.9. The Buyer indemnifies AK OPERATIONS against all claims relating to their use of information, their assessment of a Webshop, their bids, their payment obligations, their Sale Confirmations, their negotiations with a Seller or a transaction concluded by them.
Article 9. Listings and Content
9.1. AK OPERATIONS determines at its own discretion whether, when and in what manner a Listing is published, adjusted, refused, paused, removed or reconsidered.
9.2. AK OPERATIONS may refuse or remove a Listing if AK OPERATIONS considers it to be incorrect, incomplete, misleading, unlawful, inappropriate, fraudulent, harmful, risky, infringing or otherwise unsuitable for the Platform.
9.3. AK OPERATIONS may adjust or edit a Listing for language, readability, structure, technical display, categorisation, findability or consistency, without accepting responsibility for the content of the Listing.
9.4. The placement of a Listing does not entitle the Seller to a particular position, ranking, visibility, conversion, number of responses, number of buyers, sales result or successful transaction.
9.5. AK OPERATIONS may use categories, filters, search functions, sorting, rankings and recommendations to display Listings. The display may be influenced by, among other things, relevance, currency, completeness, paid visibility, premium status, availability, popularity, search settings, subscription type and technical factors.
9.6. AK OPERATIONS may place disclaimers, warnings, labels, badges or explanations alongside Listings.
9.7. Labels such as "premium", "featured", "highlighted", "verified", "checked" or similar designations have only the meaning stated by AK OPERATIONS in connection with them.
9.8. If a label relates to a payment, additional visibility, administrative check or verification of certain data, this does not mean that AK OPERATIONS guarantees the commercial, financial, legal, tax, technical or operational quality of the Webshop.
9.9. AK OPERATIONS may take a Listing temporarily or permanently offline if a complaint, report, suspicion of fraud, suspicion of infringement, payment arrears, legal dispute, payment dispute, Chargeback, compliance issue or other risk gives reason to do so.
9.10. The User is not entitled to compensation for refusal, adjustment, suspension or removal of a Listing, unless there is intentional or reckless conduct by AK OPERATIONS.
Article 10. Confidentiality
10.1. Users are obliged to treat all Confidential Information strictly confidentially.
10.2. Confidential Information may only be used for the purpose for which it was provided.
10.3. Without the prior written consent of the disclosing party, Confidential Information may not be copied, shared, published, forwarded, sold, stored outside the Platform, processed for other purposes or made available to third parties.
10.4. The User may share Confidential Information only with their own advisers, employees or representatives to the extent necessary for assessing a possible transaction and to the extent such persons are bound by an equivalent confidentiality obligation.
10.5. The User shall take appropriate technical and organisational measures to protect Confidential Information against unauthorised access, loss, alteration, disclosure or misuse.
10.6. The confidentiality obligation continues to apply after termination of the Account, removal of a Listing, termination of negotiations or completion of a transaction.
10.7. If negotiations are terminated or if AK OPERATIONS or the disclosing party so requests, the User shall delete, return or destroy Confidential Information, unless statutory retention obligations prevent this.
10.8. In the event of a breach of this article, the infringing User is liable for all damage suffered by AK OPERATIONS, the disclosing party or third parties as a result.
10.9. AK OPERATIONS may require a User to accept a separate confidentiality agreement or NDA before accessing certain information.
Article 11. Communication via the Platform
11.1. AK OPERATIONS may offer functionalities enabling Users to communicate with each other via the Platform.
11.2. Users are themselves responsible for the content of their communications.
11.3. AK OPERATIONS is not obliged to actively monitor communications between Users, but may inspect, retain, moderate, block or remove communications to the extent necessary or desirable in connection with security, enforcement of these Platform Conditions, complaint handling, fraud prevention, payment disputes, evidence gathering, statutory obligations or protection of the rights of AK OPERATIONS, Users or third parties.
11.4. Users may not use communications via the Platform for spam, phishing, fraud, deception, intimidation, threats, unlawful competition, infringement of rights, distribution of malware or other unauthorised purposes.
11.5. Users may not use contact details obtained via the Platform for purposes other than assessing or executing a possible transaction regarding the relevant Webshop.
11.6. AK OPERATIONS may restrict, suspend or disable communication functionalities if it deems this necessary.
Article 12. Prohibition on circumvention
12.1. Users may not circumvent the Platform, contact rules, payment rules, commission arrangements, lead rules, fees, Sale Confirmations or commercial interests of AK OPERATIONS.
12.2. If a Buyer and Seller have come into contact with each other via the Platform, via a Listing, via information provided by AK OPERATIONS or via a contact facilitated by AK OPERATIONS, they may not structure a transaction regarding the relevant Webshop outside AK OPERATIONS with the aim of evading fees, Platform Commissions or conditions of AK OPERATIONS.
12.3. If AK OPERATIONS is entitled to a fee or Platform Commission for a Listing, introduction, lead, contact, bid, Sale Confirmation, sale, transfer or transaction, that fee or Platform Commission remains due if the parties continue to negotiate or contract outside the Platform.
12.4. Unless agreed otherwise in writing, the prohibition on circumvention applies during the term of the Account and for twelve months after the first contact between Buyer and Seller via the Platform or via AK OPERATIONS.
12.5. Users are obliged to immediately notify AK OPERATIONS if they continue to negotiate or conclude a transaction outside the Platform with a party they have come into contact with via the Platform.
12.6. If a Seller and Buyer have come into contact via the Platform, via a Listing or via AK OPERATIONS and subsequently conclude a transaction regarding the relevant Webshop, the Platform Commission is due regardless of whether the transaction is technically completed within or outside the Platform, unless AK OPERATIONS confirms otherwise in writing.
12.7. The Platform Commission is 5% of the Transaction Amount, unless a different percentage or calculation method is stated on the Platform, in commercial arrangements, in supplementary conditions or in transaction documentation.
12.8. Users may not provide incorrect or incomplete information about the Transaction Amount, the identity of parties, the conclusion of the transaction, the payment route, the transaction documentation or the Sale Confirmation with the aim of avoiding the Platform Commission in whole or in part.
12.9. If AK OPERATIONS suspects circumvention, it may request additional information, evidence, correspondence, proof of payment and transaction documentation. Users are obliged to cooperate with this within a reasonable period.
12.10. In the event of a breach of this article, the infringing User is liable for all damage suffered by AK OPERATIONS, including missed fees, missed Platform Commissions, investigation costs, collection costs, legal costs, internal costs and reputational damage.
12.11. If a separate penalty clause has been agreed, payment of the penalty does not affect AK OPERATIONS's right to full compensation, to the extent permitted by law.
Article 13. Bids, Sale Confirmation and transactions between Users
13.1. AK OPERATIONS is not a party to purchase agreements, letters of intent, bids, transfer agreements, NDAs or other agreements between Users, unless AK OPERATIONS is expressly named in writing as a party to a specific agreement.
13.2. A bid, response, message, expression of interest, status change, Sale Confirmation or other communication via the Platform has only the legal meaning that Seller and Buyer assign to it mutually and that follows from applicable law and the arrangements between them.
13.3. AK OPERATIONS is not responsible for the conclusion, absence, abandonment, interpretation, performance, fulfilment, dissolution or termination of agreements between Users.
13.4. Users are themselves responsible for drawing up, checking and concluding the purchase agreement and all related documents.
13.5. If AK OPERATIONS makes templates, models, example clauses, checklists 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.
13.6. Users must assess for themselves whether documents are suitable for their specific situation and should obtain professional advice where necessary.
13.7. If the Platform contains functionalities for bids, acceptance, reservation, sale status, purchase confirmation, payment confirmation or transaction confirmation, AK OPERATIONS determines on the Platform which action constitutes an administrative or commercial Sale Confirmation.
13.8. A Sale Confirmation constitutes, in the relationship between AK OPERATIONS and the Users concerned, sufficient basis for charging or having deducted the Platform Commission.
13.9. A Sale Confirmation does not constitute a guarantee, approval, valuation, due diligence, ownership check, payment guarantee or legal assessment by AK OPERATIONS.
13.10. Seller and Buyer warrant to AK OPERATIONS that any Sale Confirmation given by them is correct and corresponds to the mutual arrangements between Seller and Buyer.
13.11. If a Sale Confirmation is given incorrectly, prematurely, too late or incompletely, Seller and Buyer remain responsible for the consequences, including payment obligations, corrections, repayments and any Platform Commissions.
13.12. If a transaction is concluded outside the Platform after Seller and Buyer have come into contact via the Platform or via AK OPERATIONS, that transaction is treated, in relation to AK OPERATIONS, as a transaction arising from the Platform.
13.13. Insofar as the Platform uses click-wrap, checkbox, digital signature or other forms of electronic acceptance for terms, NDAs, Sale Confirmations or transaction documentation, acceptance may consist of an active action by the User combined with the recording of the document version, date and time, account details, IP address or other identifying data in the records of AK OPERATIONS
13.14. An electronically generated transaction document does not need to contain every detail of the Webshop as a separate platform field, provided the subject matter of the transaction is sufficiently determinable through the Listing, URL, party details, price arrangement, annexes, Data Room, warranties and exclusions.
Article 14. Free and paid Services
14.1. AK OPERATIONS may offer free and paid Services, including Free Accounts, Free Listings, Paid Listings, Premium Buyer Accounts, premium functionalities, additional visibility, promotion, verification, reports, Subscriptions, introductions, Platform Commissions and supplementary services.
14.2. The nature, content, duration, price and conditions of paid Services are stated by AK OPERATIONS on the Platform, in a quotation, in an order confirmation or in supplementary conditions.
14.3. All prices are exclusive of VAT and other charges, unless expressly stated otherwise.
14.4. Payment must be made within the period set by AK OPERATIONS and in the manner indicated by AK OPERATIONS.
14.5. AK OPERATIONS may suspend the delivery of paid Services for as long as payment has not been received in full or for as long as payment processing, verification or Stripe onboarding has not been fully completed.
14.6. Where a Subscription applies, it runs for the agreed period and is renewed or terminated in accordance with the applicable conditions.
14.7. Unless agreed otherwise in writing, payment for a Listing, Account, Premium Buyer Account, premium feature or other Service provides no guarantee of responses, leads, sales, ranking, revenue, transactions or any other commercial result.
14.8. Fees paid are not refunded if a Listing, Account, Premium Buyer Account or other Service is removed, restricted or suspended due to a breach of these Platform Conditions, incorrect information, deception, fraud, payment arrears, complaints, legal risks, payment risks, integrity risks or other circumstances attributable to the User.
14.9. AK OPERATIONS may change prices and payment structures. For Services already paid for, the change does not apply during the period already paid for, unless agreed otherwise or required by law.
14.10. If a User fails to pay an invoice on time or a payment via the Payment Service Provider fails, the User is in default without further notice. AK OPERATIONS may charge statutory interest, extrajudicial collection costs, legal costs and reasonable administrative costs.
14.11. AK OPERATIONS may offer Free Accounts and Free Listings during the start-up phase or during promotional periods. AK OPERATIONS determines at its own discretion what functionalities, restrictions, duration, conditions and visibility apply to free use.
14.12. Free use does not entitle the User to continuation of free access, free Listings, certain functionalities, visibility, support, conversion or sales results. AK OPERATIONS may change, restrict, terminate or convert free functionalities to paid functionalities, in accordance with these Platform Conditions.
14.13. For Paid Listings, the Seller owes the fee stated by AK OPERATIONS. The fee for a Paid Listing is independent of whether the Listing results in responses, bids, leads, negotiations or a sale.
14.14. Unless expressly stated otherwise, a Paid Listing provides no guarantee of sale, ranking, number of views, number of responses, quality of buyers or transaction revenue.
14.15. For a Premium Buyer Account, the Buyer owes the periodic or one-off fee stated by AK OPERATIONS. AK OPERATIONS describes on the Platform which supplementary functionalities are associated with the Premium Buyer Account.
14.16. A Premium Buyer Account provides no guarantee of access to all Listings, access to all Confidential Information, successful purchase, exclusivity, preferred position, acceptance by Sellers or return.
14.17. Subscriptions and other periodic payments may be collected via Stripe or another Payment Service Provider. The User 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.14.18. The User is responsible for a valid payment method, correct payment details, sufficient funds and timely payment. If payment fails, AK OPERATIONS may suspend or terminate the relevant Service, Account, Listing, premium functionality or Premium Buyer Account.
14.19. Cancellation, renewal, duration and termination of Subscriptions are stated by AK OPERATIONS on the Platform or in supplementary conditions.
Article 15. Platform Commission, Stripe Connect, Payouts and Chargebacks
15.1. Upon a sale or purchase of a Webshop confirmed via the Platform, a Platform Commission is due. The Platform Commission is 5% of the Transaction Amount, unless AK OPERATIONS states a different percentage or calculation method on the Platform, in a quotation, in supplementary conditions or in transaction documentation.
15.2. Unless AK OPERATIONS states otherwise, the Platform Commission is owed by the Seller. The Buyer is required to cooperate with the payment route and the Sale Confirmation to the extent necessary for correct payment and settlement via the Platform.
15.3. The Platform Commission is due to AK OPERATIONS and may be automatically deducted via Stripe Connect or another payment solution designated by AK OPERATIONS.
15.4. To the extent technically supported, the remaining portion of the Transaction Amount, after deduction 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.
15.5. Seller and Buyer are required to provide all cooperation necessary for the correct calculation, deduction and payment of the Platform Commission.
15.6. If a Platform Commission cannot be automatically deducted via Stripe Connect or another Payment Service Provider, the Platform Commission remains directly owed to AK OPERATIONS.
15.7. If Users circumvent the Platform, give an incorrect Sale Confirmation, report an incorrect Transaction Amount or settle the payment outside the Platform, they remain obliged to pay the Platform Commission owed to AK OPERATIONS. If both Seller and Buyer have cooperated in the circumvention, they are jointly and severally liable for payment of the Platform Commission owed and the damage caused thereby, to the extent permitted by law.
15.8. 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.
15.9. 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.
15.10. 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.
15.11. Payouts to Sellers may depend on verification, fraud prevention, compliance checks, technical processing, available payment methods, processing times of Stripe or another Payment Service Provider, any reserves, Chargebacks and statutory obligations.
15.12. 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 the payout, or there is a payment dispute, suspicion of fraud, integrity risk or other reasonable ground for suspension.
15.13. 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.
Article 16. No warranties regarding Webshops
16.1. AK OPERATIONS gives no warranties in respect of the Webshops offered via the Platform.
16.2. AK OPERATIONS does not warrant that a Webshop exists, is owned by the Seller, is freely transferable, is profitable, is technically operational, is legally compliant, is correctly structured for tax purposes, is free of claims or is suitable for the Buyer's purpose.
16.3. AK OPERATIONS does not warrant that revenue, profit, margin, visitor numbers, stock, customer databases, supplier contracts, advertising accounts, payment accounts, social media accounts, software licences, plug-ins, domain names or other assets are accurate, complete, transferable or usable.
16.4. AK OPERATIONS does not warrant that a transaction will be concluded or that a transaction will be successfully executed.
16.5. If AK OPERATIONS displays information from a Seller on the Platform, this does not mean that AK OPERATIONS has verified that information or vouches for it.
16.6. Every User acts on their own responsibility and at their own risk and expense.
Article 17. Availability and operation of the Platform
17.1. AK OPERATIONS will endeavour to keep the Platform available and usable, but does not warrant that the Platform will operate without interruption, without errors, securely, in an up-to-date manner or free from disruptions.
17.2. AK OPERATIONS may temporarily take the Platform offline for maintenance, updates, security, changes, migrations or other operational reasons.
17.3. AK OPERATIONS may change, add, restrict, replace or remove functionalities.
17.4. AK OPERATIONS is not liable for damage resulting from disruptions, maintenance, unavailability, delays, data loss, technical errors, security incidents, payment disruptions or changes to the Platform, unless there is intentional or reckless conduct by AK OPERATIONS.
17.5. The User is themselves responsible for a suitable internet connection, equipment, software, security and back-ups.
Article 18. Moderation, reports and measures
18.1. AK OPERATIONS may moderate, check, restrict, block, suspend, remove or render inaccessible Content, Listings, Accounts, communications, payments, Sale Confirmations and Payouts if AK OPERATIONS has reason to do so.
18.2. Grounds for measures may include, among other things, incorrect information, deception, fraud, infringement of rights, privacy risks, conflict with laws and regulations, complaints, payment arrears, payment disputes, Chargebacks, security risks, inappropriate conduct, reputational risks, integrity risks or breach of these Platform Conditions.
18.3. Users and third parties may notify AK OPERATIONS of allegedly unlawful, misleading, infringing or unauthorised Content via support@webshopmarket.com.
18.4. A report must be as specific as possible and must contain at minimum: the name and contact details of the reporter, the location of the relevant Content, the reason for the report, an explanation of why the Content would be unlawful or unauthorised and, where available, evidence.
18.5. AK OPERATIONS will carefully assess reports and may take measures as a result, including requesting information, temporarily blocking Content, removing Content, restricting an Account, suspending a payment or Payout, issuing a warning to a User or terminating access.
18.6. AK OPERATIONS may inform the User concerned of a 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.
18.7. If a User disagrees with a measure, they may contact AK OPERATIONS via support@webshopmarket.com and provide a reasoned explanation of why the measure is, in their view, unjustified.
18.8. AK OPERATIONS will decide on an appeal reasonably, but is not obliged to reverse a measure.
18.9. AK OPERATIONS may retain data necessary for investigation, evidence gathering, dispute resolution, statutory obligations, fraud prevention, payment settlement or protection of the rights of AK OPERATIONS, Users or third parties.Article 19. Intellectual property of AK OPERATIONS
19.1. All rights to the Platform, including copyrights, database rights, trade name rights, trademark rights, domain names, software, source code, object code, designs, layout, texts, logos, icons, databases, functionalities, know-how, documentation and other materials of AK OPERATIONS, vest in AK OPERATIONS or its licensors.
19.2. The User obtains only a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to use the Platform in accordance with these Platform Conditions.
19.3. The User may not copy, modify, decompile, reverse-engineer, publish, lease, sell, sublicense, reproduce or use the Platform or parts thereof for a competing service without the prior written consent of AK OPERATIONS.
19.4. Nothing in these Platform Conditions constitutes a transfer of intellectual property rights of AK OPERATIONS to the User.
Article 20. Content licence from Users
20.1. The User retains any rights they may have to Content placed by them.
20.2. By placing Content on or via the Platform, the User grants AK OPERATIONS a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to use, host, store, reproduce, display, publish, distribute, edit, translate, index, categorise, promote and technically process this Content to the extent necessary or desirable for offering, managing, securing, improving and promoting the Platform and the relevant Listing.
20.3. The licence ends when the Content has been permanently removed from the Platform, except to the extent continued use is necessary for back-ups, evidence gathering, administration, dispute resolution, statutory obligations, previously made publications, payment settlement or protection of the rights of AK OPERATIONS, Users or third parties.
20.4. The User warrants that they are authorised to grant the licence referred to in this article.
20.5. The User indemnifies AK OPERATIONS against claims by third parties relating to the User's Content or the use thereof by AK OPERATIONS in accordance with these Platform Conditions.
Article 21. Privacy and personal data
21.1. AK OPERATIONS processes personal data in accordance with its privacy policy.
21.2. The User must consult the privacy policy before using the Platform.
21.3. The User is themselves responsible for personal data that they provide, upload, share or otherwise process via the Platform.
21.4. The User may not provide personal data of third parties via the Platform unless a valid legal basis exists and the provision is lawful.
21.5. Sellers may not share customer databases, order histories, personal data of customers, supplier data, employee data or other personal data with Buyers, unless this is necessary, lawful, proportionate and secure, and all applicable privacy rules are complied with.
21.6. Where possible, Sellers must first provide commercial information in anonymised, aggregated or pseudonymised form.
21.7. Users are themselves responsible for compliance with privacy legislation when sharing, receiving, assessing, downloading, storing or using personal data in the context of a possible transaction.
21.8. Where Users exchange personal data with each other, they are themselves responsible for determining their roles and obligations under privacy law.
21.9. The User must immediately notify AK OPERATIONS of any data breach, security incident or unlawful processing related to the Platform or data obtained via the Platform.
21.10. For payment processing, Subscriptions, commission deduction, Payouts, fraud prevention, verification, KYC checks, sanctions checks, Chargebacks and compliance with statutory obligations, personal data, payment data, identification data, transaction data and communication data may be shared with Stripe or another Payment Service Provider.
21.11. Stripe or another Payment Service Provider may independently apply conditions, privacy documentation, verification procedures and compliance obligations. The User is required to provide the information requested by the Payment Service Provider accurately, completely and in a timely manner.
21.12. If a User refuses to provide necessary payment, verification or compliance data, AK OPERATIONS may suspend or terminate the Account, Listing, payment, Payout or Service.
Article 22. Cookies and tracking
22.1. AK OPERATIONS may use cookies and similar technologies for the operation, security, analysis, personalisation and improvement of the Platform.
22.2. Information about the use of cookies and similar technologies is included in AK OPERATIONS's cookie statement.
22.3. To the extent consent is required, AK OPERATIONS will request consent via the Platform.
22.4. The User may not place their own tracking technologies, pixels, scripts, cookies or similar technologies via the Platform without the prior written consent of AK OPERATIONS.
Article 23. External services, Stripe and links
23.1. The Platform may contain links to websites, services, software, payment providers, hosting providers, analytics services, documents or other facilities of third parties.
23.2. AK OPERATIONS is not responsible for external services, websites, content, conditions, availability, security, privacy practices or performance of third parties.
23.3. Use of external services is at the User's own risk and expense.
23.4. AK OPERATIONS may integrate, replace, restrict or remove external services if it deems this desirable.
23.5. For payment processing, AK OPERATIONS uses Stripe, Stripe Connect or another Payment Service Provider. Use thereof may be subject to supplementary conditions, verification procedures, restrictions and policies of the relevant Payment Service Provider.
23.6. AK OPERATIONS is not liable for disruptions, refusals, reserves, blocks, delays, Chargebacks, verification decisions, fraud decisions, payout delays or other measures by Stripe or another Payment Service Provider, unless mandatory law provides otherwise.
23.7. AK OPERATIONS may suspend a transaction, Payout, Account, Listing or Service if Stripe or another Payment Service Provider so requests or if payment processing is not possible.
Article 24. Prohibited Content and prohibited use
24.1. It is prohibited to use the Platform for Content, Listings, Webshops, transactions or activities that are unlawful, fraudulent, misleading, harmful, infringing, discriminatory, threatening, offensive, pornographic, hateful, violent, criminal or otherwise unauthorised.
24.2. It is prohibited to offer Webshops that relate primarily to illegal goods or services, counterfeit products, stolen goods, unauthorised medicines, prohibited gambling, malware, hacking, phishing, fraud, money laundering, terrorism financing, sanctions evasion or other unlawful activities.
24.3. It is prohibited to use artificial traffic, fake reviews, fictitious revenue, fictitious customer databases, manipulated analytics, misleading screenshots, forged documents or other misleading evidence.
24.4. It is prohibited to misrepresent the identity, capacity, authority, financial position, ownership, rights, obligations or intentions of a User.
24.5. It is prohibited to use the Platform, Stripe Connect or another payment solution for fraud, money laundering, tax evasion, sanctions evasion, fictitious transactions, artificial revenue, fictitious Sale Confirmations or other unauthorised payment structures.
24.6. AK OPERATIONS may exclude additional categories, countries, sectors, transactions or activities if it considers this legally, commercially, operationally, compliance-wise or reputationally desirable.
Article 25. Sanctions, export controls and integrity
25.1. The User warrants that they are not subject to sanctions, trade restrictions, export restrictions or other statutory restrictions that prohibit use of the Platform or participation in a transaction.
25.2. The User may not use the Platform for money laundering, terrorism financing, sanctions evasion, fraud, tax evasion or other illegal activities.
25.3. AK OPERATIONS may carry out verifications or request information if it considers this necessary for compliance with integrity, sanctions, fraud prevention, payment or statutory obligations.
25.4. AK OPERATIONS may suspend or terminate an Account, Listing, payment, Payout, Sale Confirmation, communication or Service if it suspects integrity risks.
25.5. The User must provide all information that AK OPERATIONS, Stripe or another Payment Service Provider reasonably requires for verification, sanctions checks, fraud prevention, payment processing, compliance or statutory obligations.
Article 26. Suspension and termination
26.1. The User may terminate their Account in accordance with the procedure offered on the Platform.
26.2. AK OPERATIONS may suspend, restrict or terminate an Account, Listing, Service, Premium Buyer Account, payment, Payout or access to the Platform with immediate effect, in whole or in part, if the User breaches these Platform Conditions or if AK OPERATIONS has reasonable grounds to do so.
26.3. Reasonable grounds include, among other things: incorrect information, fraud, deception, payment arrears, failed payment, Chargeback, infringement of rights, breach of confidentiality, circumvention, complaints, security risks, legal risks, reputational risks, integrity risks, unauthorised use or conflict with laws and regulations.
26.4. AK OPERATIONS may suspend or terminate an Account, Listing, Premium Service, transaction, payment or Payout if payment fails, a Subscription is not paid, Stripe onboarding is not completed, verification data is missing, a Payment Service Provider refuses processing, or there is a suspicion of fraud, Chargebacks, abuse, money laundering, sanctions risks or other integrity risks.
26.5. Termination of the Account does not affect payment obligations already incurred, Platform Commissions, confidentiality obligations, indemnities, liability limitations, licences, evidence rights and other provisions that by their nature must continue.
26.6. After termination, AK OPERATIONS is not obliged to retain or make available Content, Listings, communications or data, unless required by law or agreed otherwise in writing.
Article 27. Complaints and disputes between Users
27.1. Disputes between Users must be resolved by the Users concerned themselves.
27.2. AK OPERATIONS is not obliged to mediate in disputes between Users.
27.3. If AK OPERATIONS receives information in connection with a dispute, it may take measures if it sees reason to do so, including temporarily blocking a Listing, Account, payment or Payout.
27.4. AK OPERATIONS taking or refraining from measures does not mean that AK OPERATIONS acknowledges liability or accepts responsibility for the dispute.
27.5. Users shall provide AK OPERATIONS with all reasonable cooperation in investigating complaints, fraud, deception, infringement, data breaches, security incidents, payment disputes, Chargebacks or other relevant matters.
Article 28. Liability of AK OPERATIONS
28.1. AK OPERATIONS is only liable for direct damage that is the direct result of an attributable failure by AK OPERATIONS to perform under an Agreement, to the extent that failure has not been remedied within a reasonable period following a proper written notice of default.
28.2. AK OPERATIONS is not liable for indirect damage, consequential damage, loss of profit, loss of revenue, missed savings, loss of goodwill, reputational damage, loss of data, loss of customers, loss of contracts, business interruption, damage from missed transactions, damage from negotiations, damage from incorrect Listings or damage from actions of other Users.
28.3. AK OPERATIONS is not liable for damage related to Webshops, Listings, information from Sellers, decisions of Buyers, bids, Sale Confirmations, negotiations, purchase agreements, transfer, payment, technical operation, tax consequences, privacy risks, intellectual property rights or other aspects of transactions between Users.
28.4. AK OPERATIONS is not liable for damage arising from unavailability, disruptions, errors, maintenance, cyber incidents, data loss, unauthorised access, external services, payment systems, Payment Service Providers, force majeure or other circumstances outside its reasonable sphere of influence.
28.5. AK OPERATIONS is not liable for damage related to payment processing by Stripe or another Payment Service Provider, including disruptions, refused payments, delayed Payouts, reserves, Chargebacks, refunds, fraud decisions, verification decisions, blocks, negative balances or changes to payment conditions.
28.6. AK OPERATIONS is not liable for damage arising from a User's failure to comply with conditions, verification requirements, onboarding requirements, compliance obligations or instructions of Stripe or another Payment Service Provider.
28.7. To the extent AK OPERATIONS is liable, that liability is limited to the amount paid by the relevant User to AK OPERATIONS in the three months preceding the damaging event for the relevant Service.
28.8. The limitations of liability do not apply to the extent the damage is the result of intentional or reckless conduct by the management of AK OPERATIONS.
28.9. Every claim for compensation against AK OPERATIONS lapses twelve months after the User became or could reasonably have become aware of the damage and the party responsible for it.
Article 29. Indemnification
29.1. The User indemnifies AK OPERATIONS against all claims, damage, fines, costs, demands and proceedings by other Users, third parties, Stripe, other Payment Service Providers and government authorities relating to:
29.2. the User's use of the Platform;
29.3. Content or Listings of the User;
29.4. incorrect, incomplete or misleading information from the User;
29.5. breach of these Platform Conditions;
29.6. breach of confidentiality;
29.7. circumvention of the Platform;
29.8. infringement of third-party rights;
29.9. violation of privacy legislation;
29.10. tax, financial, legal, technical or commercial aspects of a Webshop;
29.11. transactions, bids, Sale Confirmations, payments, Payouts, Chargebacks, negotiations or disputes between Users;
29.12. non-compliance with conditions, verification requirements, onboarding requirements or instructions of Stripe or another Payment Service Provider.
29.13. The indemnification also covers reasonable legal costs, investigation costs, collection costs, expert costs, reputation recovery costs and costs of internal handling.
Article 30. Force majeure
30.1. AK OPERATIONS is not required to perform any obligation if it is prevented from doing so as a result of force majeure.
30.2. Force majeure includes, among other things: disruptions to internet, hosting, cloud services, telecommunications, electricity, software, payment systems or external services, cyber attacks, DDoS attacks, malware, data breaches, government measures, war, terrorism, fire, flooding, pandemics, strikes, shortcomings of suppliers, shortcomings of Payment Service Providers and all other circumstances outside AK OPERATIONS's reasonable sphere of influence.
30.3. If a force majeure situation lasts longer than sixty days, both AK OPERATIONS and the User may terminate the relevant Agreement, without entitlement to compensation.
Article 31. Amendment of the Platform and the Platform Conditions
31.1. AK OPERATIONS may change the Platform, Services, functionalities, prices, Platform Commissions, payment routes, procedures and these Platform Conditions.
31.2. Changes to these Platform Conditions will be announced via the Platform, by email or in another reasonable manner.
31.3. The amended Platform Conditions apply from the effective date stated by AK OPERATIONS.
31.4. If a User disagrees with a material change, they may terminate use of the Platform before the effective date of the change.
31.5. Continued use of the Platform after the effective date constitutes acceptance of the amended Platform Conditions.
31.6. Changes that are necessary due to legislation, security, technical reasons, fraud prevention, payment processing, compliance or protection of Users may be implemented with immediate effect.
Article 32. Assignment
32.1. The User may not assign their rights and obligations under the Agreement or these Platform Conditions without the prior written consent of AK OPERATIONS.
32.2. AK OPERATIONS may assign its rights and obligations under the Agreement or these Platform Conditions to a group company, successor, acquirer of the business, third-party service provider, Payment Service Provider or other party, provided the reasonable interests of the User are taken into account.
Article 33. Evidence and records
33.1. The administration, log files, system data, communication data, payment data, acceptance logs, timestamps, Sale Confirmations, payment statuses, Stripe data and other records of AK OPERATIONS constitute evidence of use, placement, acceptance, communications, payment, contacts, Sale Confirmations, Platform Commissions owed and other relevant facts, subject to counter-evidence by the User.
33.2. AK OPERATIONS may retain data to the extent necessary for administration, security, evidence gathering, dispute resolution, statutory obligations, fraud prevention, payment processing, tax administration or protection of rights.
33.3. Acceptance logs, document versions, account details, timestamps and confirmation actions may also be used as evidence of electronic acceptance, the identity of the accepting User, the moment of formation and the accessibility of the accepted document version.
Article 34. Invalidity and interpretation
34.1. If any provision of these Platform Conditions is void, voidable or unenforceable, the remaining provisions continue in full force and effect.
34.2. 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.
34.3. Headings and article numbers are included solely for readability and have no independent legal significance.
34.4. In interpreting these Platform Conditions, the Dutch text prevails.
Article 35. Governing law and jurisdiction
35.1. These Platform Conditions, the Platform, every Agreement and every use of the Platform are exclusively governed by Dutch law.
35.2. Disputes between AK OPERATIONS and a User are submitted exclusively to the competent court of the District Court of Midden-Nederland, Utrecht location, unless mandatory law designates another court or AK OPERATIONS elects to submit the dispute to the court of the User's place of residence or registered office.
35.3. Disputes between Users themselves fall outside AK OPERATIONS's responsibility and must be resolved by those Users themselves.
Article 36. Contact details
36.1. Questions, complaints, reports, requests or communications regarding the Platform or these Platform Conditions may be addressed to:
AK OPERATIONS B.V. Herenweg 64, unit 43 3602 AR, Maarssen, the Netherlands support@webshopmarket.com Chamber of Commerce: 42034947 VAT: NL869407673B01
36.2. Reports regarding unlawful, misleading, infringing or unauthorised Content may be sent to: support@webshopmarket.com
36.3. Objections to moderation decisions or measures may be sent to: support@webshopmarket.com
Article 37. Final provision
37.1. These Platform Conditions constitute the general legal basis for use of the Platform by all Users.
37.2. Additional conditions may apply to specific user groups, such as Sellers, Buyers, premium users or parties gaining access to confidential sales information.
37.3. The User declares that they have read, understood and accepted these Platform Conditions before using the Platform.