Terms and Conditions

1. Subject matter and scope

1.1 These Terms and Conditions govern the use of the digital trading platform “fruits” operated by the Provider, which is accessible at https://fruits.co/, https://fruits.me or https://fruits.de and via the fruits app (hereinafter “fruits”). They apply to services on fruits or in connection with fruits, insofar as these are provided by the Provider. Any deviating terms and conditions of a buyer or seller shall not apply. This also applies in the event that a contract is concluded in full knowledge of such deviating terms and conditions.

1.2 fruits facilitates the exchange of user-relevant content and offers. In particular, fruits enables interested parties to buy and sell domains, as well as to access other services related to domain use, such as Lease-to-Own purchase or domain parking.

1.3 Use of fruits requires internet access and the use of a standard browser (e.g. Microsoft Edge, Google Chrome or Safari).

1.4 The Provider does not guarantee uninterrupted availability of fruits.

2. Services provided by the Provider and payment processing

2.1 With fruits, the Provider provides a trading platform for the buying and selling of digital offerings, namely domains. Each user can create their own profile in their user account and publish offers that are visible to other users under the conditions specified by the user. Users can follow other users’ profiles.

2.2 In a domain transaction, the Provider acts as the seller’s commission agent. The Provider is authorised by the seller to conclude contracts with buyers regarding the seller’s offers. To this end, the Provider concludes a so-called “Content Contract” (hereinafter “Content Contract”) with the buyers. Insofar as the Provider concludes contracts regarding offers, it therefore acts in its own name but on behalf of the seller. Details of the Content Contract are set out in Section 5.

2.3 Where a buyer is required to pay a purchase price for the acquisition of content or a domain, payment shall be processed in accordance with Clause 2.5. Further details of the payment process are set out in Clause 5.2. Where a buyer wishes to acquire a domain by way of Lease-to-Own purchase, the provisions in Clause 6 shall apply in addition; in the case of domain parking, the provisions in Clause 7 shall apply in addition.

2.4 The Provider is entitled to further develop fruits at its own discretion, in particular to add new features and improve existing ones. The Provider shall always make the latest version of fruits available to the user.

2.5 All payments for contracts concluded on fruits are processed via an external payment service provider. Users (sellers/buyers) hereby authorise the Provider to transmit instructions, for example regarding the timing or amount of a payment, to the payment service provider on their behalf. Users must enter into their own contractual relationship with the payment service provider in order to receive payments. The payment service provider’s terms and conditions apply in addition.

3. Registration and conclusion of contract, contract language and customer service

3.1 Browsing on fruits is possible at any time. However, if a user wishes to carry out a transaction via fruits, they must provide fruits with an email address to enable authentication for the transaction, e.g. by sending a code. The user may set up a user account, although this is not mandatory. Users must be at least 18 years of age to carry out transactions. All information provided by the user on fruits must be complete and truthful. If any details change, the user must correct them immediately. Once authenticated, users can use the registered email address to check the status of a transaction or view past transactions.

3.2 Offers to buy or sell may only be made after providing an email address and, where applicable, entering authentication details, e.g. a code. The Provider may accept the user’s access to fruits by confirming receipt of the email address provided by the user. This confirmation may be displayed on the user’s screen and/or sent by email. The user has no legal right to access. The Provider may make acceptance conditional upon verification of the details (e.g. by sending a code via SMS or email).

3.3 The contract may be concluded in German or English. For all matters relating to content, interpretation, and execution of the contractual relationship, the German version shall be authoritative; In the event of any contradictions or discrepancies between different language versions, the German version shall prevail.

3.4 The user is given the option to download these Terms and Conditions as a PDF document. Furthermore, the Provider stores the text of the contract and makes it available at https://www.fruits.co/terms.

3.5 The Provider’s customer service team can be contacted using the contact details in the imprint from Monday to Friday, 09:00–17:00 CET, or by email at hello@fruits.co.

4. Login details

4.1 To use fruits for a transaction, the user must authenticate themselves.

4.2 The user is responsible for ensuring access to the email address they use. The email address and the details used for authentication (e.g. codes) must be treated as confidential and must not be made accessible to third parties. The user is aware that third parties who gain knowledge of or access to the email account may act fraudulently on the user’s behalf on fruits. If the user discovers or suspects that their email access or authentication details are being used by third parties without authorisation, they must inform the Provider immediately. Furthermore, they must take appropriate measures to secure their email access.

4.3 In the event of reasonable suspicion of misuse of the user’s access details, in particular if this has been reported by the user themselves, the Provider is entitled to immediately suspend access temporarily or – in cases of culpable conduct on the part of the user – to terminate the contract extraordinarily. The Provider shall inform the user of the suspension of access details immediately in writing.

5. Conclusion of Content Contracts on fruits

5.1 Posting offers

5.1.1 Any seller may post offers on fruits so that they can be viewed by buyers.

5.1.2 The seller and/or the Provider may specify that individual offers are only available to certain users or user groups.

5.2 Paid offers

5.2.1 The seller determines the amount of remuneration for paid offers themselves; however, an exception applies in accordance with clause 6.1.8 for Lease-to-Own contracts relating to domains. The listing of paid offers on fruits by the seller constitutes an instruction to the Provider to sell these offers to the buyer in the Provider’s own name but on behalf of the seller (“Commission Business”).

5.2.2 In order to access the paid offers, the buyer enters into a Content Contract with the Provider regarding the provision of the paid offers. The Content Contract is concluded when the buyer completes the ordering process for a paid offer and clicks on “Buy Now”. The price for the paid offers is payable in advance in each case. As a means of payment, the buyer may choose from the payment options listed on fruits under the link “Payment Methods”. The Provider is obliged to pass on to the seller the proceeds from the Content Contract, less the commission to which the Provider is entitled (see Section 5.3) and other costs.

5.2.3 When purchasing a paid offer, the buyer, provided they are acting as a consumer, is entitled to a right of withdrawal against the Provider. Details regarding the right of withdrawal and its exercise can be found in the withdrawal policy https://www.fruits.co/terms. The buyer may only make use of paid offers if they first agree that the Provider may commence performance of the contract for the provision of the paid offers before the expiry of the withdrawal period and confirm that they are aware that, by giving their consent to the commencement of performance of the contract, they lose their right of withdrawal.

5.3 Seller remuneration and commission

5.3.1 If a buyer concludes a contract for the purchase of a paid service, the Provider receives a commission for providing the service. The seller therefore receives the gross price minus VAT (where applicable), the commission, any fees owed by the Provider to third parties in connection with the paid offer, in particular affiliate commissions, as well as any costs incurred by the Provider for payment processing. Payment is processed via the payment service provider. The currently applicable commission rates are set out in the price overview https://www.fruits.co/explore/for-seller.

5.3.2 The Provider’s entitlement to the commission arises upon conclusion of the Content Contract. The entitlement to the commission lapses if the buyer, as a consumer, effectively exercises their right of withdrawal. In all other cases of premature termination of the contract for which the Provider is not responsible, the Provider’s entitlement to the commission remains valid.

5.3.3 The Provider shall provide the seller with a statement of account in writing for each month in which a contract for the purchase of a paid service has been concluded. The Provider shall send the statement at the beginning of the calendar month following the end of the previous month. The seller agrees to the electronic transmission of the statement. For this purpose, the seller shall provide the Provider with an e-invoicing address.

5.3.4 Payment of credit balances to the seller shall be made in accordance with the terms and conditions of the payment service provider, but usually by the 15th of the calendar month to the bank account specified by the seller. The seller may only set off claims against the Provider’s entitlement to commission with claims that are undisputed or have been legally established.

5.3.5 Insofar as chargeable services in Europe are subject to VAT, the Provider shall pay the VAT to the relevant tax office on behalf of and in the name of the seller. Otherwise, the seller is responsible for complying with the tax regulations applicable to them.

5.3.6 Additional service charges may apply for payments to sellers’ bank accounts outside the eurozone (e.g. currency conversion fees or international transaction fees charged by the payment service provider). These charges are levied directly by the payment service provider and automatically deducted from the payment amount to the seller – without any additional surcharge by fruits.

5.4 Illegal offers

5.4.1 Users may not post any offers on fruits that contravene applicable legal requirements or these Terms and Conditions, or that infringe the rights of third parties (hereinafter “Illegal Offers”). The user is responsible for posting only such content as they are authorised to publish and which is lawful.

5.4.2 Illegal offers include, in particular, content that

• denigrates, defames or insults other users or other third parties,
• violates laws on the protection of minors, data protection regulations and/or other laws,
• is likely to disrupt the smooth running of fruits or impair the operation of fruits, in particular by overloading the Provider’s systems,
• are protected by law or subject to third-party rights (e.g. copyright and trademark rights) and the user is not expressly authorised to publish them,
• spread malware, in particular viruses, Trojans or other harmful files, as well as unsolicited messages, in particular spam emails, or
• harass other users, are suggestive, sexually explicit or obscene, contain racist or fanatical statements, or promote or support physical violence and hatred.

This does not apply to content which is not likely to impair the development of children and young people aged 16 and over into responsible and socially competent individuals (hereinafter “FSK 16 content”). When uploading FSK 16 content, the seller is obliged to state that the content is FSK 16 content.

5.4.3 The Provider is entitled to delete or block Illegal Offers upon becoming aware of them. This also applies where there are concrete indications of a breach. Where possible and reasonable, the Provider will inform the affected user in advance and give them the opportunity to comment. In urgent cases, particularly where there is obvious illegality or to prevent damage, the measure may also be taken without prior consultation.

5.4.4 The Provider does not carry out any content checks prior to publication to determine whether the offers might be Illegal Offers. If the user becomes aware of Illegal Offers on fruits, they may contact the Provider using the contact details provided in the legal notice.

5.4.5 The user indemnifies the Provider against all claims arising from the Provider’s culpable publication of Illegal Offers. This indemnity includes, in particular, the Provider's necessary and reasonable costs arising from the examination of, and, where applicable, defence against such claims, including the costs of any necessary and reasonable legal action. This does not apply where the user is not responsible for the infringement. The user shall inform the Provider immediately if they are held liable as a result of the publication or other use of Illegal Offers that they have posted on fruits.

6. Lease-to-Own of domains

6.1 Role of the Provider and contract structure in the Lease-to-Own purchase of domains

6.1.1 The Provider supplies the technical platform and infrastructure for the conclusion and processing of Lease-to-Own agreements and acts as an commission agent for the seller. The Lease-to-Own agreement is therefore concluded between the Provider and the buyer.

6.1.2 The domain name remains under the control of the seller or a designated third party until full payment has been made by the buyer. The Provider may, on behalf of the seller, take over the technical administration of the domain during the Lease-to-Own term.

6.1.3 Upon payment of the first instalment, the buyer receives the right to use the domain, without, however, being named as the new registrant with the registry. Buyers may configure the DNS settings to use the domain with a new or existing website or to redirect it to another website.

6.1.4 The Lease-to-Own agreement prohibits any use that could diminish the value of the domain name. Details of these restrictions are set out in Section 6.2 of these Terms and Conditions.

6.1.5 Ownership of the domain shall pass to the buyer upon full payment of all instalments, at which point the transaction is completed. The seller is obliged to take the necessary steps to facilitate this, in particular vis-à-vis the registry.

6.1.6 In the event of a payment being more than 14 days late or non-payment, the Provider is entitled to set the buyer a reasonable grace period. If the buyer fails to pay even within the grace period, the Provider is entitled to withdraw from the Lease-to-Own agreement. Instalments already paid shall not be refunded due to the use of the domain. The Provider is entitled to retain the brokerage commission accrued up to the time of withdrawal as well as the commission in accordance with clause 6.2.

6.1.7 A Lease-to-Own agreement is only possible if the domain is offered at a minimum price in accordance with the currently valid price list https://www.fruits.co/explore/for-seller.

6.1.8 The Lease-to-Own purchase is activated for each domain in a separate Content Contract. Following activation, the number of instalments may be determined, with the amount of the instalments based on the domain’s offer price. Details are set out in the price list https://www.fruits.co/explore/for-seller.

6.1.9 The seller undertakes to use exclusively the fruits DNS servers (ns1.gofruits.co, ns2.gofruits.co) for the domain during the Lease-to-Own term, in order to guarantee the buyer unrestricted and uninterrupted use of the domain.

6.1.10 The buyer’s instalment payments shall be forwarded to the seller after deduction of the Provider’s commission. Upon full payment of the purchase price, the Provider shall transfer the domain to the buyer. The transaction is conducted directly between the Provider and the buyer; however, the seller is obliged to cooperate with notifications to the registry and in the event of changes of Provider. Further details are set out in clause 9.

6.2 Pricing and commission structure

For Lease-to-Own purchases, the Provider receives a commission from the seller in accordance with the conditions set out below and a service fee (“fruits fee”) from the buyer. The fruits fee is a processing fee charged by the Provider for arranging and administering the Lease-to-Own agreement. The fruits fee does not constitute a credit or financing service and is transparently disclosed to the buyer before the contract is concluded.

The pricing structure is as follows:

• The first instalment is due in month 0 (i.e. at the start of the contract). The buyer may make a one-time higher initial payment at the start of the Lease-to-Own agreement.
• The seller pays a monthly commission to the Provider. The amount of the commission may be discounted depending on the term. Details are set out in the price list https://www.fruits.co/explore/for-seller.
• The buyer pays the fruits fee as a surcharge on the sale price. The fruits fee is calculated depending on the term of the Lease-to-Own agreement and is payable monthly. Details are set out in the price list https://www.fruits.co/explore/for-seller.

6.3 Protection of the domain

6.3.1 The buyer undertakes towards the Provider and the seller to use the domain during the term of the Lease-to-Own agreement in compliance with applicable law and with due care in order not to diminish its value.

6.3.2 Prohibited uses include, among others:

• Violations of applicable laws, regulations or ordinances.
• Fraudulent, criminal or illegal activities.
• Publishing or distributing pornographic content or material unsuitable for persons under 18 years of age.
• Promoting racism, bigotry, hatred or physical violence against individuals or groups.
• Infringement of intellectual property rights (e.g. patents, copyrights, trademarks, trade secrets).
• Use of images, audio or video material without appropriate authorisation.
• Providing information on illegal activities (e.g. manufacturing illegal weapons, drugs or breaches of data protection laws).
• Promotion of commercial activities without prior written consent (e.g. sweepstakes, advertising, pyramid schemes).
• Transmission of malware such as viruses or Trojans or the sending of unsolicited emails.

6.3.3 Activities that damage the value or reputation of the domain are strictly prohibited. These include, among others:

• Aggressive or unethical SEO practices, including black-hat techniques (e.g. keyword stuffing, hidden text, doorway pages).
• Spam activities or misuse of the domain for fraudulent purposes.

6.3.4 The buyer and the seller shall indemnify the Provider against all claims, damages or liabilities arising from prohibited use of the domain, including the necessary and reasonable costs of legal defence.

7. Domain parking

7.1 The Provider offers businesses (§ 14 BGB) an optional domain parking service that allows sellers to monetise natural visitor traffic by directing domains to fruits’ parking infrastructure, which uses exclusive advertising feeds, AI-based optimisation and content-rich parking pages (hereinafter “Parking Service”). As part of this Parking Service, the Provider handles the advertising monetisation of the domain in the seller’s interest. The revenues generated are forwarded to the seller in accordance with these Terms and Conditions. The amount of revenue generated depends in particular on the traffic and performance of the respective domain; the Provider does not owe any specific income or results. The Provider is entitled to charge an industry-standard service fee. Users who are consumers may not use the Parking Service.

7.2 In order to use the Parking Service, the seller must register the respective domain on fruits, redirect it to the nameservers specified by the Provider and activate the “Park Domain” function in the user account. A domain shall be deemed parked as soon as it is marked accordingly by the Provider in the user account. The Provider is entitled to reject or exclude domains from the Parking Service at its reasonable discretion (§ 315 BGB).

7.3 A minimum amount of traffic is required for economically viable use of the Parking Service. As non-binding guideline values, at least 5 views per day, 25 per week, 75 per month or 200 within 90 days shall apply. The Provider is entitled to deactivate, pause or exclude domains from parking, regardless of whether these guideline values are met or not, after giving four (4) weeks’ notice. The stated guideline values do not give rise to any entitlement to participate in or continue using the Parking Service.

7.4 Revenue and performance data from the Parking Service can be accessed by the user via the registered email address. Displayed performance data do not constitute a payment claim or proof of factual or mathematical accuracy. The Provider is entitled to subsequently adjust such data if there is a factual reason for doing so, in particular in the event of invalid or manipulated traffic, subsequent adjustments by advertising partners (e.g. clawbacks or feed corrections) or other billing-related adjustments. The Provider does not guarantee any specific traffic, revenue or earnings figures.

7.5 Revenues generated from the Parking Service shall be aggregated monthly by the Provider per seller and paid out by the payment service provider as net revenue in accordance with its terms and conditions, usually after 90 days and taking into account the minimum revenue thresholds (see Clause 7.8). The seller shall receive a statement in the form of a credit note. The Provider is entitled to withhold or correct payments in whole or in part if there is a factual reason for doing so, in particular in cases of proven fraud, invalid traffic, chargebacks by advertising partners (clawbacks), breaches of these Terms and Conditions or due to legal obligations. Objections to the statement must be submitted by the user within 30 days of receipt of the statement, stating the reasons. After expiry of this period, the statement shall be deemed approved.

7.6 The Provider may use external service providers, advertising networks and domain parking providers (hereinafter “Third-Party Providers”) to provide the Parking Service. Monetisation of the domains may be carried out in whole or in part via the infrastructure of these Third-Party Providers. Depending on the provider used, the revenues generated by the Parking Service may be paid directly to the seller by the respective Third-Party Provider. The Third-Party Providers’ terms and conditions and fee structures apply in addition to these Terms and Conditions. Where the Third-Party Provider becomes the user’s contractual partner, the Provider’s liability is excluded; otherwise Clause 13 shall apply accordingly.

7.7 The seller undertakes not to use or tolerate any automated, incentivised, paid, manipulated or abusive traffic or any unlawful, trademark-infringing or otherwise impermissible content in connection with parked domains. In the event of breaches, the Provider is entitled to exclude domains from parking, suspend or terminate participation in the Parking Service and adjust or withhold revenues.

7.8 The Provider is only obliged to arrange for revenues from the Parking Service to be paid out by the payment service provider once a minimum revenue threshold has been reached. Amounts below this threshold shall remain in the seller’s balance until the minimum payout amount is reached. The minimum revenue threshold is set out in the price overview https://www.fruits.co/explore/for-seller.

8. Rights of use

8.1 Granting of rights of use by the Provider to buyers

8.1.1 Content provided by the Provider on fruits is protected by copyright. The buyer is obliged to respect all applicable protective rights, in particular copyright and other intellectual property rights.

8.1.2 The Provider grants the buyer the simple, revocable, non-transferable and non-sublicensable right to use the content accessible to the buyer on fruits for personal, non-commercial purposes, in particular to store such content where technically possible. The buyer is not permitted to remove any copyright notices or make any other modifications to the content.

8.1.3 Insofar as regular remuneration is payable for the use of paid content, the right of use shall be limited in time to the duration for which the buyer has paid the regular remuneration in advance.

8.1.4 At no time is the buyer entitled to use the content for purposes other than personal use. In particular, the buyer is not permitted to make the content available to third parties or to publish it.

8.2 Granting of rights of use by sellers

8.2.1 By posting content on fruits, a seller warrants that they are entitled to grant the Provider rights of use to the extent described below.

8.2.2 The seller grants the Provider the simple, sublicensable and transferable, spatially and materially unrestricted right to use the content insofar as this is necessary in order to grant buyers rights of use in accordance with Clause 8.1 and/or to otherwise make the content available on fruits. The right of use includes in particular the right to make the content publicly accessible, reproduce, edit, store, distribute or reproduce it, either free of charge or for a fee, at the Provider’s discretion. The right to edit includes in particular the right to equip the content with protective measures in order to protect the content against unauthorised use by third parties and/or to investigate such infringements. The aforementioned rights also include the right of the Provider to commission third parties to exercise the aforementioned rights of use on behalf of the Provider. The right of use also includes in particular the right of the Provider to advertise using the seller’s profile and content.

8.3 Publication of anonymised transaction data

8.3.1 Purpose of publication

The Provider reserves the right to publish anonymised transaction data (e.g. domain name, transaction date, sale price and the Provider as the payment platform). This data is used exclusively to promote and increase the visibility of the platform and its services on external websites and blogs.

8.3.2 Anonymity and data protection

Personal data shall only be exchanged in connection with contracts for paid offers. Otherwise, personal data shall under no circumstances be published or passed on to third parties. The Provider ensures that compliance with the General Data Protection Regulation (GDPR) is guaranteed at all times.

8.3.3 Consent

By using the Provider’s services, buyers and sellers agree that anonymised transaction data may be used for the purposes stated above.

8.3.4 Objection

If a buyer or seller wishes to object to the anonymised publication, written notification to the Provider is required. The Provider will comply with the objection within a reasonable period of time.

9. Domain transfer and consequences of failure to cooperate

9.1 Obligations regarding domain transfer

After full payment of the purchase price, the buyer is obliged to initiate the domain transfer to the registrar designated by them within 60 days and to properly complete all actions required for this purpose (e.g. use of the EPP/Auth code, acceptance of the PUSH transfer, required confirmations).

If the transfer is delayed due to technical or administrative locks (e.g. registrar locks, ICANN transfer lock), the deadline shall be extended appropriately, provided that the buyer proves the reason for the impediment and cooperates in its removal.

The seller is obliged to perform all necessary acts of cooperation.

9.2 Reminders and definition of Failed Transfer

If the domain transfer is not completed within the period specified in Clause 9.1, the Provider shall send at least two reminders to the email address stored by the buyer. If the buyer fails to fulfil their obligations to cooperate despite these reminders and is responsible for this failure, the transfer shall be deemed failed (hereinafter “Failed Transfer”).

9.3 Legal consequences of a Failed Transfer

In the event of a Failed Transfer, the Provider shall transfer the domain to an internal holding account and hold it for the buyer for a maximum of three years. During such retention, renewal or administrative fees may apply, which shall be borne by the buyer.

9.4 Non-renewal and deletion

If retention is not desired by the buyer or is not economically reasonable, the Provider is entitled, upon instruction by the buyer, not to renew the domain. In this case, deletion shall take place in accordance with the registry cycle applicable to the respective top-level domain (expiry of registration → possible auto-renew grace period → deletion → 30-day redemption grace period). The Provider will inform the buyer of this in advance where possible.

Only after expiry of the redemption grace period can the domain be permanently lost.

10. User obligations and duties

10.1 It is the user’s responsibility to regularly back up the information, documents and content stored on fruits to their own storage media.

10.2 fruits enables users to send messages to the Provider and other users that can only be viewed by the recipient (hereinafter: “Private Messages”). The user is solely responsible for the Private Messages they send. The Provider does not carry out any legality checks. Users are prohibited from sending Private Messages that violate statutory provisions, these Terms and Conditions or the rights of third parties. This applies in particular to messages containing racist, insulting, discriminatory, pornographic or otherwise unlawful content within the meaning of Clause 5.4.

10.3 Users are prohibited from sending unsolicited advertising emails (spam) as Private Messages. They must refrain from any manipulation of fruits or the use of malware (viruses, worms, Trojans, etc.). Furthermore, users are prohibited from automatically and/or massively retrieving and/or storing fruits and/or content on fruits elsewhere.

10.4 If the user culpably breaches any of the obligations set out in Clauses 10.2 to 10.3 and the Provider is consequently held liable by third parties, the user shall indemnify the Provider against all third-party claims and costs (including necessary and reasonable legal fees). The Provider shall inform the user immediately of any claims asserted by third parties and give them the opportunity to comment on the claims. The user undertakes to provide without delay all documents and information necessary for defending against the third-party claims. Further or additional claims for damages against the user remain reserved.

11. Data protection

11.1 The Provider processes users’ personal data exclusively within the framework of applicable data protection law, in particular the General Data Protection Regulation and the German Federal Data Protection Act.

11.2 Processing takes place exclusively insofar as this is necessary for the provision and operation of fruits, for the fulfilment of the user contract, for compliance with legal obligations or on the basis of the Provider’s legitimate interests.

11.3 Further information regarding the type, scope and purposes of the processing of personal data, as well as the legal basis for processing and the rights of data subjects (in particular access, rectification, erasure, restriction of processing and data portability), can be found in the Provider’s privacy policy available at: https://www.fruits.co/privacy.

12. Termination of the user agreement

12.1 The user may terminate their user account at any time with immediate effect and without stating reasons by deleting their email address.

12.2 The Provider may terminate access to fruits via the registered email address at any time with 14 days’ notice in text form (e.g. by email) without stating reasons. Content Contracts already concluded shall be processed in accordance with these Terms and Conditions.

12.3 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the user seriously or repeatedly breaches these Terms and Conditions and fails to remedy such breach despite a warning and reasonable deadline. A warning is not required in the case of breaches where remedy is impossible, obviously promises no success or where setting a deadline is unreasonable for the Provider.

12.4 Upon termination of access, the Provider shall irrevocably delete the user’s registered email address. Upon deletion, the user loses the right to access offers on fruits. This also applies to paid offers. If the Provider terminates the user in accordance with Clause 12.3, the Provider shall, upon request, grant the user the opportunity to secure the offers posted by them as well as the services purchased for a fee within a period of 14 days after termination of the user agreement.

13. Warranty and liability

13.1 The Provider endeavours to ensure a high availability of fruits but cannot guarantee uninterrupted accessibility. Temporary interruptions due to maintenance work, software updates, internet disruptions or force majeure do not constitute a breach of duty by the Provider. The Provider will inform users of planned maintenance work in advance where possible.

13.2 The Provider does not guarantee that offers posted by sellers on the platform, including product descriptions or other information, are accurate, complete or legally permissible. Responsibility for this lies solely with the respective seller. In particular, the Provider is not obliged to check sellers’ offers for factual accuracy, legal compliance or infringement of third-party rights before publication. Any warranty claims of the Provider against the seller are assigned to the buyer for assertion in the buyer’s own name.

13.3 Insofar as the Provider provides its own services (e.g. provision of fruits), the statutory warranty provisions shall apply to defects in these services. The decision as to whether supplementary performance is effected by repair or replacement lies solely at the discretion of the Provider. Insofar as the Provider provides services free of charge, it shall only be liable for intent and gross negligence (cf. § 521 German Civil Code).

13.4 For the avoidance of doubt, the Provider shall not be liable for damage caused by data loss where such damage could have been avoided by regular and complete data backups by the user.

13.5 Claims for damages against the Provider and its vicarious agents are excluded, subject to the following exceptions:

a) The Provider undertakes to assert claims for damages of the buyer against the seller and to indemnify the buyer accordingly;

b) The above limitations of liability shall not apply where the damage was caused intentionally or through gross negligence by the Provider, or in cases of breach of essential contractual obligations.

Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract, on whose compliance the user may regularly rely, and whose breach would jeopardise the achievement of the purpose of the contract. The limitations of liability shall also not apply to damages resulting from culpable injury to life, body or health. The limitation shall further not apply to damages based on the absence of a guaranteed characteristic or where liability is provided for under the German Product Liability Act. In cases of slightly negligent breach of an essential contractual obligation, liability shall be limited to typical and foreseeable damages.

14. Final provisions

14.1 The Provider reserves the right to amend these Terms and Conditions at any time. Users shall be notified of amendments with a notice period of two (2) weeks. If the buyer or seller does not agree with the amendments, the user may terminate their access to fruits with a notice period of two (2) weeks. fruits shall inform the user of this right of termination. Ongoing Content Contracts remain unaffected by amendments to the Terms and Conditions; the amended Terms and Conditions shall apply only to new contracts concluded after the amendments come into effect.

14.2 Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, or should these Terms and Conditions contain gaps, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, the applicable statutory provisions shall apply.

14.3 These Terms and Conditions shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and German private international law.

14.4 The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement shall be Munich, provided that the user is a merchant. Otherwise, the statutory provisions shall apply.

Appendix 1: Withdrawal policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform

get fruits GmbH, Franz-Mayer-Straße 1, 93053 Regensburg, Email: hello@fruits.co

of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email).

You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, fruits shall reimburse to you all payments received from you, including delivery costs (except for any additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which fruits receives notice of your withdrawal from this contract.

For this reimbursement, fruits will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

Expiry of the right of withdrawal

The right of withdrawal shall expire in the case of a contract for the supply of digital content not supplied on a tangible medium pursuant to Section 356 (5) German Civil Code if fruits has begun performance of the contract after you

• have expressly agreed that fruits may begin performance of the contract before expiry of the withdrawal period of fourteen days, and
• have acknowledged that by giving your consent, you lose your right of withdrawal once performance of the contract begins.

Model withdrawal form

(If you wish to withdraw from the contract, please complete and return this form.)

To:

get fruits GmbH Franz-Mayer-Straße 1, 93053 RegensburgEmail: hello@fruits.co.

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ():

• Ordered on () / received on ()
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if notified on paper):
• Date: