for the Bytex Market platform
operated under the domain https://bytex.market (hereinafter referred to as
"Bytex Market") by Bytex Digital UG (haftungsbeschränkt) (hereinafter
referred to as "Operator") by registered users (hereinafter referred to as
1.2 The possibility of registering on Bytex Market and/or offering services
and/or enquiring and/or selling or purchasing products is directed both at
entrepreneurs and consumers. A consumer in the sense of the following
regulations is any natural person who, in contracts covered by this
Directive, is acting for purposes which are outside his trade, business,
craft or profession. A trader is any natural person or any legal person,
irrespective of whether privately or publicly owned, who is acting,
including through any other person acting in his name or on his behalf, for
purposes relating to his trade, business, craft or profession.
1.3 Unless otherwise agreed, the inclusion of any own conditions used by
the user shall be contradicted.
Object of the contract
2.1 Bytex Market is an Internet platform on which sellers (hereinafter
referred to as "sellers") can offer IT products as digital goods (e.g.
software, tools, templates, plug-ins, scripts, graphics and images as well
as software as a service) and sell them to buyers (hereinafter referred to
2.2 Service providers, interested parties, sellers and buyers are
hereinafter jointly referred to as "Users".
2.3 The operator only provides the technical possibility for the use of the
platform by the users. The conclusion of a contract for services to be
rendered or the sale of digital goods shall be concluded directly between
the service provider and the interested party or the seller and buyer. The
operator expressly does not become a party to the agreements made. For the
fulfillment of the obligations resulting from these agreements the users
involved are exclusively responsible.
Setup of a user account - contract conclusion user account
3.1 The prerequisite for the use of Bytex Market is the registration on the
platform and the creation of a user account. The setup of the user account
is free of charge.
3.2 The Operator's offer to establish a user contract for a user account on
Bytex Market is binding. After accessing the registration page, the user
must enter his company and contact data and define his user name and
password. Before submitting his contractual statement, the user has the
possibility at any time to correct or delete his entries or to cancel the
registration by closing the browser window or selecting the "back" function
of the browser. By sending his data by confirming the "Register” button,
the user accepts the contractual offer of the operator to create a user
3.3 The processing of all information required in connection with the
conclusion of the contract is carried out by e-mail and is partly
automated. The user must therefore ensure that the e-mail address given by
him is correct, that the receipt of the e-mails is technically ensured and,
in particular, that SPAM filters do not prevent it.
4.1 The use of Bytex Market is generally free of charge for users.
4.2 Insofar as the operator offers services subject to a charge, these
services are subject to separate contractual conditions or agreements.
5.1 The Operator shall provide Bytex Market with an availability of 98% on
a monthly average.
5.2 Excluded from this are times which serve the maintenance of Bytex
Market's servers as well as all downtimes for which the Operator is not
responsible. The regular maintenance windows of Bytex Market's servers are
every Saturday from 00:00 to 08:00.
Restrictions on the provision of services and products
6.1 The platform Bytex Market serves exclusively to distribute or acquire
IT products as digital goods (e.g. software, tools, templates, plug-ins,
scripts, graphics and images as well as software as a service).
6.2 In particular, the provision of services or products with references to
pornographic or youth-endangering content, e.g. through corresponding
symbols or representations that violate religious feelings, criminal law
norms, personal rights or other rights of third parties or are suitable for
this purpose, is prohibited.
6.3 If services or products in relation to the aforementioned product
groups are offered or requested by users, the Operator is entitled in
Rights of use of contents
7.1 The contents available on the platform are predominantly protected by
copyright or other industrial property rights and are the property of the
operator, the other users or other third parties who have provided the
respective contents. The compilation of the contents as such may be
protected as a database or database work within the meaning of §§ 4 para.
2, 87a para. 1 German Copyright Act. Users may only use this content in
7.2 By uploading content, the user grants the operator a free and
transferable right of use to the respective content, in particular
7.2.1 to store the contents on the Operator's server and to publish them,
in particular to make them publicly accessible (for example by displaying
the contents on the platform), whereby this also includes publication in
newsletters, blogs and social media channels used by the Operator,
7.2.2 for processing and duplication, as far as this is necessary for the
provision or publication of the respective contents, whereby this also
includes publication in newsletters, blogs and social media channels used
by the operator.
7.3 As far as the user removes the contents uploaded by him from the
platform again, the right of use and exploitation granted to the operator
above expires. However, the Operator remains entitled to retain copies made
for backup and/or verification purposes. The rights of use granted to the
Operator, other users of the Platform or third parties shall remain
unaffected insofar as the Operator continues to be entitled to use
published newsletters, blog posts or entries on social media channels.
Responsibility for contents, release from liability
8.1 Users may publish their own content on Bytex Market. They undertake not
to transmit any data whose contents infringe the rights of third parties
(in particular copyrights, name rights, trademark rights) or violate
8.2 The content published by users on Bytex Market shall not be checked by
the Operator for infringements of rights. The respective user is solely
responsible for their correctness, completeness and legality. In
particular, the operator has no influence on the correctness, completeness
and quality of the offers.
8.3 The operator may (temporarily) block or delete individual users or
contents of a user if the user publishes illegal contents or contents that
8.4 The operator will consider the legitimate interests of the user, in
particular the fault, when selecting the measure and justify the blocking
or deletion of the user or the content to the user in text form.
8.5 In the event of a temporary blocking of a user or content, the Operator
shall immediately release the user or content again as soon as the
suspicion of a violation of a statutory provision or a provision of these
8.6 The Users shall indemnify the Operator against all claims by third
parties which they may assert due to the violation of their rights through
the orderly publication of content on Bytex Market, in the newsletter or
other advertising materials. In addition to claims for damages, the
indemnification also includes the reimbursement of reasonable costs for
legal defence arising from the illegal or improper use of Bytex Market's
services. The indemnification presupposes that a settlement or an
acknowledgement of claims by third parties only takes place with the prior
written consent of the user.
Regulations for offering digital products - contract conclusion
9.1 The operator's offer to the seller to be able to sell a product via
Bytex Market is binding. Via the input fields in Bytex Market's backend,
the Seller can enter all necessary product information or upload product
images. Before submitting his contractual declaration, the Seller may at
any time correct or delete his entries or cancel the setting of the product
by closing the browser window or selecting the "back" function of the
browser. With the release of the product data by confirmation of the button
"Submit Product” the seller accepts the contract offer of the operator for
the sale of the product.
9.2 The Seller may terminate the sale of the Product at any time by
deactivating or deleting the Product from the Account. Purchase contracts
for the Product that have already been concluded up to this point in time
shall not be affected by this and must be fulfilled.
9.3 If a seller uploads a digital product to Bytex Market and activates it
for sale, the seller makes a binding offer to purchase the product.
9.4 The purchase contract shall come into effect as soon as a user accepts
the offer by confirming the button "Purchase now”.
9.5 Notwithstanding the provisions in Section 2.3, the purchase price for
the product shall be paid via the Bytex Market platform. In this respect,
the Operator accepts the purchase price on behalf of the Seller.
9.6 The use of Bytex Market is free of charge for the purchaser.
Obligations of the seller
10.1 The Seller is obliged to provide the necessary information for the
distribution and presentation of the products on Bytex Market. In
particular, the Seller is obliged to describe the functionalities and
system requirements as well as the essential features of the products
completely and truthfully. If instructions for the installation of the
products or operating instructions for their intended use are required, the
Seller undertakes to make them available in text form (e.g. by e-mail).
10.2 The Seller undertakes to make available only products which comply
with the current IT programming and security standards. The Seller shall
ensure that the products offered are subjected to quality assurance
10.3 If the seller violates the above obligations or if there are concrete
indications of repeated publication in breach of duty, the operator is free
to temporarily block or delete both the seller and individual products of
10.4 The operator will consider the legitimate interests of the seller,
especially the fault, when selecting the measure and justify the blocking
or deletion in text form.
10.5 In the event of a temporary blocking of a seller or a product, the
operator can release the seller or the product again as soon as the seller
has demonstrated to the operator that he fulfills his obligations with
regard to the product to be discontinued.
11.1 The Operator shall act for the Seller as a representative with final
power of attorney with regard to the products put on Bytex Market for sale
by the Seller. The Seller expressly agrees that the Operator may also
represent other sellers on Bytex Market. There is no non-competition clause
in this respect.
11.2 The Operator collects the remuneration claims of the Vendor against
the Purchaser from the product sales effected via Bytex Market
(collection). In this respect, the Operator accepts the payments on behalf
of the Seller.
11.3 The activity of the Operator according to Clause 11 is covered and
settled by the commission regulated in Clause 12.1.
11.4 The Operator shall invoice the purchase prices received by him on
behalf of the Seller by the 15th of each month for the preceding month and
shall pay the resulting amount minus the commission claims according to
Clause 12.1 to the Seller by the 25th of each month.
11.5 The Operator shall invoice any additional fees to the Seller
that are related to the purchase and or order process. These costs
explicitly include creditcard chargeback fees. If any of the fees are refunded
the Seller shall receive the previously invoiced fees back within 30 days or
with the next scheduled payout.
Prices and billing modalities
12.1 The Operator shall receive a commission for each paid product of the
Seller sold via Bytex Market. The commission amount results from the
separate agreements between operator and seller. The commission claim has
arisen as soon as the contract between buyer and seller has been concluded.
If the seller offers a product which cannot be purchased by the buyer
within the scope of a one-time payment, the operator receives a commission
on the remuneration to be paid by the buyer in the following 12 months.
12.2 The Operator charges the seller the commission to which he is entitled
for the previous month until the 15th of the following month. The
commission plus the statutory sales tax is due for payment on the 25th of
the month, see Section 11.4.
13.1 Users of Bytex Market shall receive regular notifications on current
topics of the platform in electronic form.
13.2 Users shall also be entitled to information on new products and
special conditions by e-mail or telephone.
14.1 Subject to the following provisions agreed in clauses 14.2 and 14.3,
the statutory provisions shall apply.
14.2 The strict liability of the operator for initial defects according to
§ 536a BGB is excluded. The operator is otherwise liable according to the
principles set out in clause 15.
14.3 If the user is an entrepreneur, the warranty period is one year. This
does not apply to defects fraudulently concealed by the operator, the
assumption of guarantees or for damages according to the Product Liability
Act as well as from injury to life, body or health.
15.1 The operator is liable without limitation for damages resulting from
injury to life, body or health. Furthermore, the Operator shall be liable
without limitation in all cases of intent and gross negligence, fraudulent
concealment of a defect, assumption of a guarantee and in all other cases
regulated by law.
15.2 If essential contractual obligations of the Operator are affected, the
liability of the Operator in case of slight negligence is limited to the
foreseeable damage typical for the contract. Essential contractual
obligations are obligations which result from the nature of the contract
and the violation of which would endanger the achievement of the purpose of
the contract as well as obligations which the contract imposes on the
Operator in accordance with its content to achieve the purpose of the
contract, the fulfillment of which makes the proper execution of the
contract possible in the first place and on the observance of which the
User may regularly rely.
15.3 In the event of a breach of insignificant contractual obligations, the
Operator's liability for slightly negligent breaches of duty shall be
Assignment, right of retention and set-off
16.1 The assignment of claims against the operator to third parties is only
possible with written consent. This applies in particular to a transfer of
the user account to a third party.
16.2 The user can only exercise a right of retention if it concerns claims
from the same contractual relationship. Users are only entitled to a right
of retention against legally established or undisputed counterclaims.
Termination and deletion
17.1 The contract for the use of the platform is concluded for an
indefinite period of time.
17.2 The user has the possibility at any time to have his user account
deleted by notifying the Operator in text form (e.g. e-mail) and thus to
terminate the contract.
17.3 The Operator may terminate the user contract without giving reasons by
giving 14 days' notice.
17.4 The right to extraordinary termination by both parties remains
unaffected. The operator is entitled to an extraordinary right of
Choice of law, place of performance, place of jurisdiction
18.1 German law shall apply. The provisions of the UN Convention on
Contracts for the International Sale of Goods expressly do not apply. In
the case of consumers, this choice of law shall only apply insofar as the
protection granted by mandatory provisions of the law of the country of the
consumer's habitual residence is not thereby withdrawn (principle of
18.2 The place of performance for all services arising from the business
relations existing with the Operator and the place of jurisdiction shall be
the registered office of the Operator, insofar as the Operator is a
merchant, a legal entity under public law or a special fund under public
law. The same applies if the user does not have a general place of
jurisdiction in Germany or the EU or if the place of residence or usual
abode is not known at the time the action is filed. The right to also
appeal to the court at another legal place of jurisdiction remains
unaffected by this.
II. User information
Identity of the platform operator
Bytex Digital UG (haftungsbeschränkt)
vertreten durch den Geschäftsführer Paul-Eric Lange
Tel: +49 (0)176 36327203
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute
resolution (OS-platform), available at https://ec.europa.eu/odr.
We are not legally obligated or willing to participate in dispute
resolution proceedings before consumer arbitration bodies.
Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of
the contract itself and the possibilities for correction shall be in
accordance with the provisions of our General Terms and Conditions (Part
I., clauses 3 and 9).
Contract language, contract text storage
3.1 The contract language is English.
3.2 The complete contract text is not stored by the operator. Before
sending the registration, the contract data can be printed out or
electronically saved using the print function of the browser/e-mail
program. After receipt of the registration request by the operator, the
order data, the legally prescribed information for distance selling
Essential characteristics of the goods or services
The essential features of the operator's services can be found in the
Legal liability for defects
The liability for defects for the operator's services is governed by the
Contract duration and termination
The term of the contract and the options for termination are set out in the