Conrad Electronic SE operate an online platform that enables third parties to sell their own products and goods under their own name and on their own account to business customers who have registered on the platform (called “marketplace”).

Our marketplace gives third party sellers like yourself the opportunity of supplying products and providing services online under your own name and on your own account. 

In so doing, you mandate Conrad Electronic SE to generate and issue invoices on your behalf for goods or services purchased by customers via the marketplace.  

We charge a monthly subscription fee that covers the costs of your accessing to and trading on our marketplace as well as the use of the services mentioned above. Moreover, we will receive commission for each sale you make on the marketplace, with the rates depending on individual transactions. More detail available here. 

We use Webhelp Payment Services France S.A.S. (WPS) to process the payments of marketplace transactions. 

This is why selling on our marketplace requires marketplace sellers and WPS entering into a separate contractual agreement. We at Conrad broker these contracts between sellers and WPS which forms a part of our seller onboarding process.

As a seller, you use our marketplace to trade under your name and at your own risk. It is you and the buyer who are the two parties who enter into a contract when it comes to marketplace transactions. We at Conrad as well as our subsidiaries and business partners do not play a part in these agreements, nor have any legal obligation resulting from such an agreement.

Purchase agreements are entered into by you and the buyer only. We do not act as a representative, middleman or a sales agent, we simply provide technical services. This is why we cannot be held responsible for order fulfilment issues, and shall not be liable for damages as a result of defective products and services. You are solely responsible for selling your products, dealing with claims made by customers and attending to any other matters arising from the agreement entered into by you and the customer covering order shipment, statutory consumer rights, item returns, tax payments etc.

As the party who operates the marketplace, we only act as a broker between you and the business customers who place orders via the marketplace. In so doing, the Conrad Marketplace Seller Agreement (CMSA) that also includes our General Terms & Conditions forms the legal basis of the business relationship between us. Anyone who wants to sell on our marketplace must agree to the CMSA beforehand.  

All contracts entered into by you and the customer via our marketplace are governed by your own General Terms & Conditions should you choose to do so and upload them to your seller account.

On the other hand, the CMSA covers different legal aspects than your Terms & Conditions. Unlike your T&Cs that govern the contractual relationship between you and the end consumer when entering into a purchase agreement, the Seller Agreement stipulates how you as a seller can use our marketplace platform.

Our CMSA and its appendices are basically the house rules of our marketplace everyone selling on our platform will have to comply with. Essentially, the Marketplace T&Cs only govern the relationship between you as a seller and us. However, since they also cover some aspects that affect your relationship with customers you will have to amend your T&Cs accordingly, for instance, when it comes to the standards that apply to refurbished products sold on the marketplace. 

Our CMSA and its appendices are basically the house rules of our marketplace everyone selling on our platform will have to comply with. Essentially, the Marketplace T&Cs only govern the relationship between you as a seller and us. However, since they also cover some aspects that affect your relationship with customers you will have to amend your T&Cs accordingly, for instance, when it comes to the standards that apply to refurbished products sold on the marketplace. 

Purchase agreements entered into by you and customers are governed by your own General T&Cs as long as you’ve uploaded them to your account. If you don’t provide any T&Cs in your account, these purchase agreements shall be governed by statutory law.

Nevertheless, we recommend that sellers provide T&Cs to establish a framework that regulates trading with customers since statutory law does not cover all the bases. Moreover, T&Cs enable you to adjust the provisions of civil (BGB) and commercial (HGB) law, at least to some extent.     

To upload your General Terms & Conditions for B2B customers (NOT the Conrad General T&Cs, to make that clear), select the “Documents” tab.

Content displayed on marketplace pages may come from different sources comprising, for instance, a product image uploaded by one seller and a product description created by another one. This means that the overall content quality improves over time as different creators keep contributing. You also benefit from this in the event of one of your fellow sellers having uploaded a more comprehensive product description than the one you’ve been using until then.

This why the CMSA contains provisions that allow us and your fellow marketplace traders to use content provided by you.

The CMSA comes into force at the time of the seller account being activate. While CMSAs do not have expiry dates, they may be terminated by either party in compliance with Conrad’s T&Cs. If you still need to process orders and item returns, reply to customer enquiries and issue refunds at the time of termination, the contract will continue to be in force until you’ve met all your contractual obligations in full.