Terms and Conditions (AGBs)

Welcome to Baffi. We're glad to have you here.

These terms and conditions are the contract between you and Baffi ("us", "we", etc). Baffi is represented by:

Hitesh Godhwani
Friedhofstr. 27A,
70191 Stuttgart

By joining Baffi as a Seller/Buyer or using our website, you agree to be bound by them. Baffi is registered as a small company (Kleinunternehmen in German) and accordingly no extra Value Added Tax (or Umsatzsteuer) is calculated for payments.

1. Accepting these Terms

This document and the other documents that we reference below make up our Terms and Conditions (or “AGBs” in German).

The Terms are a legally binding contract between you and Baffi. By agreeing to the Terms and Conditions, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Baffi.io and the other services provided by Baffi (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms and Conditions. If you don’t agree with the Terms and Conditions, you may not use our Services.

Last updated: 01 October 2021

2. About Baffi

Baffi is a marketplace that allows users to sell and buy upcycled products. We are committed to providing a safe and fair marketplace for members of the community offering services and products (“Sellers”) and purchasers/users of those services (“Buyers”).  We have therefore put in place these policies, terms and conditions that describe the rules under which the Marketplace will operate.

Despite various security measures, it cannot be ruled out that incorrect contact details have been entered on this marketplace. Content posted by customers does not represent the opinion of Baffi and can generally not be checked by Baffi for its legality, accuracy and completeness.

Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, Baffi has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete a transaction or return an item.

3. Your Privacy

Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Both Baffi and Sellers on the platform process members’ personal information (for example, Buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of Buyers’ personal information under EU law.

That means that each party is responsible for the personal information it processes in providing the Services. For example, if a Seller accidentally discloses a Buyer’s name and email address when fulfilling another Buyer’s order, the Seller, not Baffi, will be responsible for that unauthorised disclosure.  

If, however, Baffi and Sellers are found to be joint data controllers of Buyers’ personal information, and if Baffi is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of Buyer personal information, you agree to indemnify Baffi for the expenses it occurs in connection with your processing of Buyer personal information.

4. Your account with Baffi

You’ll need to create an account with Baffi to use some of our Services. Registration is only permitted to legal entities as well as partnerships and natural persons with unlimited legal capacity who are considered entrepreneurs. Minors are not allowed to register for the use of the Baffi services. Here are a few rules about accounts with Baffi:

a) Be honest with us.

Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

b) You're responsible for your account.

You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity.

If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms and Conditions on behalf of the business. Also, your accounts are not transferable.

c) Let's be clear about our relationship.

These Terms and Conditions don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Baffi.

5. Your content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

a) Responsibility for Your Content.

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

b) Permission to Use Your Content.

By posting Your Content through our Services, you grant Baffi a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Baffi function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Baffi may offer you or Baffi Buyers promotions on the Site, from time to time, that may relate to your listings.

c) Rights You Grant Baffi.

By posting Your Content, you grant Baffi a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content.

This allows us to provide the Services and to promote Baffi, your Baffi shop, or the Services in general, in any formats and through any channels, including across any Baffi Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

That sounds like a lot, but it’s necessary for us to keep Baffi going. Consider these examples: if you upload a photo or video of a listing on your Baffi shop, we have permission to display it to Buyers, and we can resize or enhance it so it looks good to a Buyer using our mobile app; if you post a description in English, we can translate it into French so a Buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it - often along with your shop name and shop picture - on our homepage, in one of our blogs or even on a billboard to help promote your business and Baffi’s.

d) Inappropriate, False, or Misleading Content.

This should be common sense, but there are certain types of content we don’t want posted on Baffi’s Services (for legal reasons or otherwise). We want you to exclusively post products made out of fabrics. By agreeing to these services, you agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Selling procedure

When setting up your shop, it is important that you set up your own terms and conditions for buyers, such as return & refund policy.

It's important that you clearly specify the terms and conditions of the sale in your listing so that buyers know what to expect. Please make sure to include the following details in your listing:

a) Return policy

b) Shipping method, costs, and other information

c) Taxes and any applicable government imposed fees

d) Terms of the transaction

Baffi is not responsible for the fulfillment of your contract to sell a Product.

7. Delivery

With Baffi, the Sellers themselves are solely responsible for getting their products delivered to the Buyers. The delivery options differ depending on the Seller. Since Baffi does not organize the delivery itself, the delivery process is not standardized. For this reason, it is important that the respective Seller explains very precisely in the offers, how the products can be delivered to the Buyer by the Seller or a third party. Each supplier is obliged to describe the available delivery method and to regulate the delivery conditions in its own general delivery conditions.

By selling on Baffi, you agree to:

a) Provide an accurate "dispatches from" address.

b) Specify your postage costs and processing times in your listings.

c) Dispatch items promptly after they are sold. Prompt delivery means that you dispatch each item within 30 days of purchase, unless you specify otherwise in your processing time or agree to a different delivery period with the Buyer through messages. Before you update your processing time for a specific order, you must first obtain your Buyer’s consent.

d) Comply with all local and international delivery and customs regulations.

e) If at any time, any customer notifies you of non-delivery within the time scale offered by you on Baffi, you must investigate within 72 hours and inform the customer that you are doing so, you need to either provide additional tracking details or offer a resolution, such as a replacement or a refund. If the Buyer got their item but it’s faulty, damaged, or doesn’t match the listing description, you will need to work with them to resolve their issue according to your Shipping Policy. If they changed their mind, how you can respond (and who pays for return shipping) depends on your return policy.

8. Our commission and payment to you

a) Joining Baffi as a Seller and posting items for sale is free. We do retain a proportion of each sale, which at the moment is 10%, this amount may change at any time, but you will be informed by email if any changes are made.

b) We sell your Products at the price you place on it, subject to these terms and also the requirements we set out on Our Website from time to time.

c) Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.

d) Our Website selling system is an automated system which can be followed by you through a "Seller panel".

e) We will pay you within 3-14 working days of confirmed dispatch of order (depending on how long it takes for payments made on the website to reach our accounts).

f) If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.

g) If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.

h) If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

9. Cancellation of orders

a) The Buyer is entitled to cancel the order at any time. This right exists, for example - but not limited to - if the Seller has provided a wrong or non-functioning phone number or other contact information, or in case of force majeure.

b) If the Seller offers defective items or provides false information (e.g. by providing false contact information, by not handing over promised items) or otherwise fails to fulfill its obligations under the Terms and Conditions, Baffi is also entitled to reject future offers from that Seller.

c) Baffi is entitled to reject offers and dissolve contracts on behalf of the Buyer if there are reasonable doubts regarding the accuracy or authenticity of the offer or contact information.  

d) The Buyer is only entitled to cancel the order until the Seller has declared the goods on the Platform as ready for delivery.

e) In case of cancellation, the Seller is obligated to return the amount paid in total to the Buyer.

10. Right to return

a) Buyers have the right to return an item within 14 days of receiving the item. Sellers affected by the regulations must clearly inform Buyers about their right to return an item before the buyer makes a purchase (such as in the listing or the Seller’s shop policies). Baffi does not get involved in the implementation of a right of return. Each Seller is responsible for implementing the right of return of a Buyer.

b) If a Seller has not received returned goods from a Buyer, the Seller may withhold such reimbursement provided that reimbursement occurs within 14 days of receipt of the returned goods. The Buyer is responsible for paying return postage costs unless the Seller has agreed to bear those costs. If a Seller has not agreed to bear return costs and the item can't, due to its nature, be returned by post, an estimate of the return costs should be included in the information provided to the buyer relating to cancellation and return.

11. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and Conditions and the following restrictions in particular:

a) Don’t Use Our Services to Break the Law.

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s).

This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not ; you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against B, another  third party.

b) Pay your bills.

You are responsible for paying all fees that you owe to Baffi. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

c) Don’t Steal Our Stuff.

You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

d) Don’t Try to Harm Our Systems.

You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

e) Share Your Ideas.

We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Baffi (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

12. Removal of Products.

While we do not take on an obligation to monitor the Products or their content, we reserve the right to suspend or remove a Product, or to remove any user’s account from Baffi, at any time in our discretion. We will give you 30 days’ notice before we remove a Product, but we may suspend a Product immediately for the reasons listed below. Once suspended, a Product will not be available for purchase until/unless the issue is resolved.

Suspending a Product temporarily or removing a Product from future distribution does not affect the rights of active customers with an existing, active subscription.

Your requests to remove a Product will require our consent, which will not be unreasonably withheld, but will take into account the best course of action to ensure continuity of Service to our customers.

In the event that we remove a Product for any of the following reasons, as determined in our sole discretion, you will be required to continue to provide support to active customers who purchased the Product within the past year, as we reasonably determine:

a) The Product or any portion thereof infringes or misappropriates any third party’s intellectual property rights or any other rights of any third party and you are not able to develop a work around or obtain a license so that the Product is non-infringing within a period of 14 days;

b) the Product or any portion thereof violates any applicable law or is subject to an injunction;

c) the Product or any portion thereof poses a risk of damaging Baffi’s or any third party’s software or systems, or is deemed by us to have a virus or be malware or spyware;

d) the Product or any portion thereof violates the terms of this Agreement;

e) the Product receives legitimate low Product ratings or support ratings or is not being adequately supported by you;

13. Termination

a) Termination By You.

We'd hate to see you go, but you may terminate your account with Baffi at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

b) Termination By Baffi.

We may terminate or suspend your account (and any accounts Baffi determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms and Conditions.

If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Baffi will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms and Conditions or we have legal or regulatory reasons preventing us from notifying you.

If you or Baffi terminate your account, you may lose any information associated with your account, including Your Content.

c) We May Discontinue the Services.

Baffi reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Baffi's policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

d) Survival.

The Terms and Conditions will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

14. Copyright and other intellectual property rights

a) All content on Our Website, is the property of either us, our affiliates or suppliers of products for sale. It is all protected by international copyright laws.

b) You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.

c) For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

d) If you would like to use any of our logos or graphics, please send us an email to contact@thebaffi.com

15. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

a) Items You Purchase.

Baffi can't and does not make any warranties about the quality, safety, or even their legality of the products sold by independent Sellers on the platform. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release Baffi from any claims related to items sold through our Services, including for defective items, misrepresentations by Sellers, or items that caused physical injury (like product liability claims).

b) Content You Access.

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Baffi is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

c) People You Interact With.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

d) Third-Party Services

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Baffi is not a party to those agreements; they are solely between you and the third party.

e) Warranties

Baffi is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that:
(i) the services will be secure or available at any particular time or location;
(ii) any defects or errors will be corrected;
(iii) the services will be free of viruses or other harmful materials; or
(iv) the results of using the services will meet your expectations.

You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability limits. To the fullest extent permitted by law, neither Baffi, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these Terms and Conditions. In no event shall Baffi’s aggregate liability for any damages exceed the greater of one hundred (€100) Euros or the amount you paid Baffi in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

16. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Baffi gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Baffi (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms and Conditions, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

17. Disputes with Other Users

If you find yourself in a dispute with another user of Baffi’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You release Baffi from any claims, demands, and damages arising out of disputes with other users or parties. In case of such complaints, Baffi can only play a conciliatory role, without creating a legal obligation. Baffi recommends mediation in such situations.

18. Disputes with Baffi

If a user has a complaint regarding the services of the Platform, this complaint must be reported by sending a mail to contact@thebaffi.com. Baffi is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws.

Notwithstanding the foregoing, Baffi reserves the right to claim any unpaid fees in a public court.

19. Changes to the Terms and Conditions

We may update these Terms and Conditions from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services.

Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

20. Some Finer Legal Points

The Terms and Conditions, including all of the policies that make up the Terms and Conditions, supersede any other agreement between you and Baffi regarding the Services. If any part of the Terms and Conditions is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect. Our failure to enforce any part of the Terms and Conditions is not a waiver of our right to later enforce that or any other part of the Terms and Conditions. We may assign any of our rights and obligations under the Terms and Conditions.

21. Contact Information

If you have any questions about the Terms and Conditions, please email us at contact@thebaffi.com.

This should be common sense, but there are certain types of content we don’t want posted on Baffi’s Services (for legal reasons or otherwise). We want you to exclusively post products made out of fabrics. By agreeing to these services, you agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.