1. INTRODUCTION

These Terms and Conditions of Sale (hereinafter “Terms and Conditions”) aim to provide all sellers with detailed information regarding the conditions for making products available, sales procedures, rights and obligations of the parties, liability, as well as other relevant information related to the availability of their Products in Marketplaces by companies of the BIGHub Group.

The BIGHub Group company with which each seller enters into their individual contract will be indicated in the particular conditions of the contract.

Regardless of the company identified in the particular conditions, the Seller acknowledges and agrees that, if they contract the modality described in 2.1.1, their products may be marketed in any of the Marketplace accounts operated by any of the BigHub Group companies.

For these purposes, the following companies form an integral part of the BIGHub Group (hereinafter collectively referred to as “BIGHub”), which will facilitate and manage, on behalf of the Sellers, the presence and commercialisation of their Products in external marketplaces, under the terms better described below:

• BIGHUBSALES S.A., a public limited company headquartered at Rua Aristides de Sousa Mendes, nº 4C, floor 1, office nº 3, Carnide, 1600-413 Lisbon, registered at the Setúbal Commercial Registry, with unique registration and corporate tax number 514 760 915, with share capital of €56,484.50;
• Grupo Hub Sales SL, headquartered at Calle Alfonso XII 32 Bajo A 21003 Huelva, Spain, registered at the Huelva Commercial Registry under number B21605308, with share capital of €3,100.00;
• BigHub Store, SL, headquartered at Calle Afonso XII, 32, B Huelva, registered at the Huelva Commercial Registry under number B56423726, with share capital of €5,000.00;
• Big Euro store, SAS, headquartered at 60 rue François Ier 75008 Paris, registered at the Paris Commercial Registry, with unique registration and corporate tax number 944 998 913 (R.C.S. Paris), with share capital of €5,000.00;
• Big Hub Store GmbH, headquartered at IdsteinerStraße, 16 A, 60326 Frankfurt am Main, Germany, with unique registration and corporate tax number HRB 134684, with share capital of €25,000.00;

BIGHub makes available on its website www.bighub.store.com (hereinafter “Website”) a platform that acts as a vehicle to support the display, management and commercialisation of goods by national or international sellers. The Platform allows Sellers, acting in a personal capacity and independently of BIGHub, to benefit from intermediation services provided by BIGHub, namely the publication, promotion and management of their sales in various third-party Marketplaces. The Platform also allows Sellers to carry out their own sales without any intermediation on the part of BIGHub, benefiting only from the software services provided.

On the other hand, BIGHub may, in certain cases, provide the Seller with the possibility of selling their products to BIGHub, which will act as an individual reseller in the Marketplaces, and not as a representative of the Seller.

Please note that BIGHub is not itself a Marketplace, but merely facilitates and manages, on behalf of the Sellers, the presence and commercialisation of their Products in external marketplaces.

The electronic acceptance of these Terms and Conditions by the Seller, through the Website, is equivalent, for all legal purposes, to their signature, fully binding them, as well as any users acting on their behalf, under the terms of these conditions.

2. SCOPE OF APPLICATION

2.1 BIGHub sells three distinct services, with the service specifically purchased by the counterparty in each case detailed in the respective particular contracting conditions.

2.1.1. BIGHub as intermediary. BIGHub acts as a market intermediary, providing integration solutions for Sellers to offer and market their products in partner Marketplaces. These Terms and Conditions apply to the entire legal relationship established in the context of the use of integration services provided by BIGHub to Sellers, without prejudice to the applicable legal provisions in force.

2.1.2 BIGHub as software service provider. BIGHub licenses the use of the Platform for the insertion, updating and synchronisation of Products in Marketplace accounts held by the Seller, providing technical support services.

2.1.3 BIGHub as reseller. BIGHub purchases Products from the Seller for resale on its own account in Marketplaces, assuming the position of seller vis-à-vis Customers.

3. DEFINITIONS

3.1 For the purposes of these Terms and Conditions, the following definitions apply:

a) Customer: An individual or legal entity that acquires products for non-professional purposes, under the terms of Consumer Protection Legislation.

b) Consumer Protection Legislation: Encompasses any applicable national legislation in each purchase made by a consumer, including legislation applicable to the indication and reduction of prices, general legislation protecting consumers in purchases made from suppliers acting for professional purposes, legislation applicable to standard contract terms and alternative consumer dispute resolution, as well as the transpositions of each of the following Directives:

• Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council;
• Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC;
• Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services; Law No. 24/96 of 31 July;
• Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC and Regulation (EC) No. 2006/2004;
• Directive No. 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.

c) Marketplace: A third-party digital platform where Sellers’ products are made available for sale to end consumers.

d) Platform: Digital sales management platform made available by BIGHub through its Website, for the insertion, updating and synchronisation of the Seller’s products within Marketplace accounts.

e) Products: New or reconditioned movable goods made available by the Seller.

f) Reseller: BIGHub, when it purchases products from Sellers to resell them in Marketplaces on its own account. The Seller agrees that such resales may be carried out by any company owned by BIGHub, regardless of the company with which the Seller has formalised the contract.

g) Intermediation Services: Services provided by BIGHub consisting of the integration, management and facilitation of the availability of Sellers’ products in partner Marketplaces.

h) Seller: For particular conditions in which the modality described in 2.1.1 or 2.1.2 is contracted, means the individual or legal entity who, in the context of their commercial, industrial, artisanal or professional activity, uses the Platform to make products available in Marketplaces. For particular conditions in which the modality described in 2.1.3 is contracted, means the individual or legal entity who, in the context of their commercial, industrial, artisanal or professional activity, sells products to BIGHub so that it can resell them in Marketplaces on its own account.

4. RIGHTS AND OBLIGATIONS OF BIGHUB

4.1 BIGHub undertakes to:

For particular conditions in which the modality described in 2.1.1 or 2.1.2 is contracted:

a) Make available to the Seller an integration Platform that allows the placement of the Seller’s products in partner Marketplaces;

For particular conditions in which the modality described in 2.1.1 is contracted:

b) Provide the technical support necessary for the correct use of the Platform and ensure the exchange of data and information intended for the proper execution of the integration of Products in Marketplaces;

c) Keep up to date the information on policies and technical requirements applicable in partner Marketplaces, whenever communicated to it, without prejudice to the Seller being solely responsible for verifying compliance with the applicable legal and regulatory provisions governing the products they market;

d) Update product descriptions, prices and all other elements that must appear in the Marketplace interface, as provided by the Seller to BIGHub;

e) Manage and respond to product and Seller reviews, always maintaining the best interests of the Seller as a guiding principle;

f) Respond to and manage, together with the Seller, any complaints received;

g) Diligently and in accordance with the best interests of the Seller, manage the relationship between the Seller and the Marketplace, committing to act as an active intermediary in defending the Seller’s interests. In this context, BIGHub undertakes to cooperate with the Seller in managing any complaints that the Seller may wish to submit to the Marketplace’s internal complaint handling system, as well as to take all necessary steps to safeguard any other legally provided rights that the Seller considers should be protected in the relationship with the Marketplace.

For particular conditions in which the modality described in 2.1.3 is contracted:

a) Assume responsibility, as seller under the applicable legal terms, for the resales it carries out.

5. RIGHTS AND OBLIGATIONS OF THE SELLER

5.1 The Seller undertakes and warrants that:

a) they will only sell Products of which they are the owner or over which they hold rights that allow them to sell them;

b) the Products conform to the description given of them;

c) the Products meet the functionalities, purposes and quality normally required, or specifically agreed with the Customer or the Reseller;

d) the Products do not violate applicable legislation or applicable standards and do not infringe the rights of third parties;

e) they will not sell any Product that constitutes a counterfeit work under the Copyright and Related Rights Code;

f) they will comply with all applicable legal and regulatory provisions, including, in particular, consumer protection rules, intellectual property rights and other third-party rights;

g) they will provide, upon registration and whenever necessary, accurate and up-to-date data on their identification, tax status and other information required by BIGHub or the Marketplaces, as applicable;

h) for particular conditions in which the modality described in 2.1.1 is contracted, they will be responsible for uploading and updating on the Platform all essential product information: description, price, characteristics, deadlines, shipping conditions and any other elements relevant to compliance with applicable law, including general safety requirements under Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023, or the Marketplaces’ policies;

i) for particular conditions in which the modality described in 2.1.1 and 2.1.2 is contracted, they will permanently ensure the actual availability of the Products they place for sale in the Marketplaces, and may not make Products available for sale that they do not have in stock or whose delivery they cannot guarantee within the defined timeframes.

6. SELLER’S RESPONSIBILITIES

6.1 For particular conditions in which the modality described in 2.1.1 and 2.1.2 is contracted, the Seller is responsible for any lack of conformity that becomes apparent within 3 (three) years from the delivery of the movable goods to the Customer, or such other period as may be legally required depending on the case (hereinafter “Liability Period”), and must, by way of example, adopt the necessary repair or replacement measures, as well as fulfil the other obligations arising from Consumer Protection Legislation.

6.2 For particular conditions in which the modality described in 2.1.1 and 2.1.2 is contracted, the Seller will be responsible for all losses, damages or penalties resulting from the availability of Products not in stock, including, but not limited to, the blocking of BIGHub’s accounts in partner Marketplaces, and undertakes to reimburse BIGHub for any amounts paid as a cancellation fee charged by the Marketplace (the amount of which may be consulted in the contracting conditions of each Marketplace, to the extent that such fee is applied by the Marketplace), amounts paid as a cancellation fee of 15% on the total value of the cancelled sale, charged directly by BIGHub, as well as to indemnify BIGHub for any losses or damages suffered as a result of non-compliance with this obligation.

6.3 Understanding that their Products may be sold to Customers based throughout the European Union, the Seller acknowledges that the national consumer and/or business protection legislation applicable in each of these countries may apply to sales or resales arising from this contract, and therefore understands and warrants that the Products comply with all applicable legal requirements to be placed for sale in any country of the European Union, as well as in the following locations.

6.3 The Seller shall indemnify BIGHub for any damages or liabilities arising from claims or actions related to the Seller’s non-compliance with legal or contractual obligations regarding the products sold, without prejudice to any right of recourse provisions provided for by law or in these Terms and Conditions.

7. RIGHTS TO BE GRANTED TO THE CUSTOMER

7.1 Whenever a lack of conformity of the sold good occurs, the Customer has the right, under the terms of Consumer Protection Legislation, to demand repair, replacement, price reduction or termination of the contract, as legally provided and under the conditions established by the relevant legislation.

7.2 For particular conditions in which the modality described in 2.1.1 and 2.1.2 is contracted, as well as in particular conditions in which the modality described in 2.1.3 is contracted and the Seller is also the manufacturer of the Products, the Seller assures BIGHub, and consequently the Customers, the prompt handling of complaints related to the lack of conformity of the products and undertakes to respect and give effect to these rights, within the timeframe and under the terms established by law.

8. REGISTRATION PROCEDURE ON THE PLATFORM

For particular conditions in which the modality described in 2.1.1 or 2.1.2 is contracted:

8.1 Access to the Platform, in addition to the acceptance of these Terms and Conditions, requires prior registration of the Seller, by completing the registration form available on the Website. The Seller must provide all requested identification data, tax information and declare their legitimacy to carry out commercial activity.

8.2 BIGHub reserves the right to request additional documentation to validate the Seller’s legitimacy, as well as to refuse or cancel the registration of Sellers who do not meet the legal or contractual requirements.

8.3 The Seller undertakes to keep their data permanently up to date and to immediately notify BIGHub of any relevant changes.

9. SALES PROCEDURE

For particular conditions in which the modality described in 2.1.1 or 2.1.2 is contracted:

9.1 After registration validation, the Seller may submit their products on the Platform for integration into the Marketplaces.

9.2 For particular conditions in which the modality described in 2.1.1 is contracted, the availability of Products in the Marketplaces will be carried out by BIGHub, acting as a technical and commercial intermediary. For particular conditions in which the modality described in 2.1.2 is contracted, the availability of Products in the Marketplaces will be carried out by the Seller, in their own Marketplace accounts.

9.3 For particular conditions in which the modality described in 2.1.1 is contracted, by submitting Products on the Platform, the Seller accepts that such products may be proposed for sale by BIGHub, on their behalf, in any partner Marketplace, as listed at any given time on the BIGHub page.

9.4 For particular conditions in which the modality described in 2.1.1 and 2.1.2 is contracted, the prices of Products are freely determined by the Sellers and are indicated excluding shipping costs. Shipping costs are determined by the respective Marketplaces in which the Products are marketed, in accordance with their terms and conditions of sale.

For particular conditions in which the modality described in 2.1.1 is contracted, in situations of sale with a price reduction, the Seller must notify BIGHub of the type of sale with price reduction, the lowest price previously applied, as well as the start date and duration period, under the terms defined in Consumer Protection Legislation, so that BIGHub can operationalise this change in the Marketplaces, in compliance with what is legally required of the Seller.

9.5 For particular conditions in which the modality described in 2.1.1 is contracted, for the use of the Platform and the Intermediation Services provided by BIGHub, the Seller acknowledges and accepts that a minimum commission of 15% on the value of each Product sold will be due to BIGHub, already including the fee charged by the partner Marketplace. The commission will be automatically deducted from the amount to be settled with the Seller, with the remainder transferred under the terms provided in the clauses relating to payments. For particular conditions in which the modality described in 2.1.2 is contracted, the Seller will pay a monthly fee for the use of the Platform, with a fee of 1% also charged per transaction/sale made through the Platform’s technological functionalities.

9.7 The Seller is solely responsible for the truthfulness, accuracy and conformity of the information, descriptions, images and other elements provided in relation to the Products, as well as for the conformity of the Products with said description.

9.8 The procedure for selling Products in the Marketplaces to Customers is governed by the terms and conditions of the respective Marketplaces.

9.9 BIGHub will notify the Seller of the order so that the Seller can confirm the availability of the Products.

9.10 For particular conditions in which the modality described in 2.1.1 is contracted, once the availability of the Products has been confirmed, shipment and delivery to Customers may occur in two ways:

• The Seller ships the Products directly to the Customer; or
• The Seller ships the Products to BIGHub, which then takes charge of shipping them to the Customer.

Responsibility for the shipment and delivery of Products will be defined in accordance with the chosen shipping option.

For particular conditions in which the modality described in 2.1.2 is contracted, the Seller is fully responsible for the processing, shipment and tracking of orders.

For particular conditions in which the modality described in 2.1.3 is contracted, BIGHub is fully responsible for the processing, shipment and tracking of orders.

9.11 For particular conditions in which the modality described in 2.1.1 is contracted, given that the Marketplace accounts are held and registered by BIGHub, BIGHub is responsible for issuing the invoice to the Customer. Once the invoice has been issued to the Customer, the Seller must issue an invoice to the BIGHub Group company that operated the sale. For this purpose, all information necessary for the issuance of that invoice — including sales volume, commissions, amounts to be passed on and identification of the operating company — will be made available to the Seller in the form of a report in the corresponding cycle.

For particular conditions in which the modality described in 2.1.2 is contracted, the Seller is fully responsible for issuing invoices to the Customer, as well as for complying with all legal, tax and operational obligations related to their activity in their Marketplace accounts.

For particular conditions in which the modality described in 2.1.3 is contracted, BIGHub is fully responsible for issuing invoices to the Customer.

9.12 For particular conditions in which the modality described in 2.1.1 and 2.1.3 is contracted, payment to the Seller will be made by BIGHub according to the following timeframes:

• Sales made between the 1st and the 15th of each month will be paid by the 8th of the following month;
• Sales made between the 16th and the last day of each month will be paid by the 23rd of the following month.

For particular conditions in which the modality described in 2.1.2 is contracted, the monthly fee due will be paid by the Seller, following the issuance of an invoice by BIGHub, by the 5th of the current month. The 1% fee per transaction/sale made through the Platform’s technological functionalities will be charged by the 10th of the month following the issuance of the invoice by BIGHub.

9.13 If the Seller has an active subscription to the BIGCash service, payment for any sales will be made on the day following shipment of the Product, in the form of an advance payment, under the terms applicable to the BIGCash service. For more information, please consult the BIGCash Terms and Conditions.

9.14 Payments made by BIGHub, when due, will be made by bank transfer to the IBAN indicated by the Seller, net of commissions, fees and other amounts owed to BIGHub and the Marketplaces.

10. SUSPENSION AND TERMINATION

For particular conditions in which the modality described in 2.1.1 and 2.1.2 is contracted:

10.1 BIGHub may, at any time, restrict, suspend or terminate the Seller’s access to the Platform upon written notice, in the event of non-compliance with these Terms and Conditions or other legally applicable obligations.

10.2 The Seller may cease use of the Platform upon written notice to BIGHub, without prejudice to the fulfilment of the obligations required by law and previously referred to in these Terms and Conditions.

10.3 In particular, in the event of termination of the contractual relationship between the Seller and BIGHub, the Seller remains responsible for all legal warranties granted to Customers in respect of Products sold through the Platform, up to the last unit of Product marketed, under the terms of applicable legislation.

10.4 The Seller undertakes to ensure full compliance with warranty, repair, replacement, price reduction or contract termination obligations, as provided by law, even after the cessation of their activity on the Platform, provided that the Liability Period of each Product is still in force.

10.5 The Seller acknowledges that, after the finalisation of a purchase by the Customer, partner Marketplaces may automatically send a confirmation email to the Customer. If the Product is not available and the order is rejected, this situation will be recorded as a rejection by the Marketplace. The Seller acknowledges and accepts that, if BIGHub registers more than two rejections in partner Marketplaces due to the unavailability of the Seller’s Products, BIGHub reserves the right to suspend or cancel, in whole or in part, the Seller’s account on the Platform, without prejudice to other measures that may be necessary to safeguard the normal functioning of the Platform and the relationship with partner Marketplaces.

10.6 Without prejudice to the provisions of the preceding paragraph, the application of suspension or cancellation may be limited or set aside in duly justified situations, including, but not limited to, cases of force majeure, compliance with legal or regulatory obligations, or where specific rules of partner Marketplaces so require. In these cases, BIGHub will assess, on a case-by-case basis, the existence of legitimate grounds for the non-application of the measure, and may request the Seller to provide the necessary supporting documentation.

11. LIABILITY

11.1 The Seller undertakes to provide complete, truthful and accurate information about the products on the Platform. BIGHub is not responsible for the content and information made available by Sellers, which is the sole responsibility of the Sellers themselves.

11.2 For particular conditions in which the modality described in 2.1.1 and 2.1.2 is contracted, any complaint relating to the Product sold through the Marketplaces that is received by BIGHub will be forwarded to the Sellers, who are responsible for assuming liability for the product warranties arising from the contracts of sale entered into with Customers. For particular conditions in which the modality described in 2.1.1 is contracted, BIGHub acts as an intermediary, directing messages from Customers to the Seller and vice versa. For particular conditions in which the modality described in 2.1.2 is contracted, the management of complaints received is the exclusive responsibility of the Seller.

11.3 To the maximum extent permitted by law and limited to the obligations expressly assumed by BIGHub in these Terms and Conditions, the Seller releases BIGHub from any liability, claim or complaint that may be brought against it by a Customer as a result of the sale of the Product(s). Consequently, BIGHub will not be liable or responsible, for whatever reason, for the Products, prices and conduct of the Seller. If a sanction is applied to BIGHub for these reasons, which falls within the Seller’s sphere of responsibility, the Seller will be liable for such sanction, either directly or by way of right of recourse, and must, in the latter case, reimburse BIGHub for all amounts spent by BIGHub in this regard.

11.4 The Seller shall indemnify BIGHub for any loss suffered by BIGHub in the context of any liability action brought against BIGHub, including by a Customer, arising from the Seller’s violation of any third-party right or violation of legislation applicable to the Seller or violation of these Terms and Conditions.

11.5 However, whenever BIGHub is held liable by the Customer for lack of conformity or other reasons related to the sale of the Products, it shall have the right to demand from the Seller full reimbursement of all losses suffered, through the exercise of its right of recourse, including, in particular, all amounts it has been compelled to pay to the Customer.

12. PRICE COMPARATOR

12.1 BIGHub makes available to Sellers, through the Website, a price comparison feature (hereinafter “Price Comparator”), which allows the Seller to access information about prices applied to identical or similar products in different Marketplaces, with the aim of assisting in the definition of commercial strategies and positioning of their Products.

12.2 The Price Comparator service is based on the collection and analysis of public data and/or data provided by the Marketplaces themselves, and may include information on prices, promotions, availability and other commercial conditions. The prices provided in each query correspond to the prices applied at the exact time of the request.

12.3 BIGHub does not guarantee the accuracy, currency, completeness or permanent availability of the information presented in the Price Comparator, as this depends on external sources, third parties and factors beyond its control.

12.4 The Seller acknowledges that the use of the Price Comparator is purely informational and supplementary, and does not constitute commercial advice, nor does it bind BIGHub to any result, decision or strategy adopted by the Seller.

12.5 BIGHub will not be liable for any damages, losses, loss of revenue, loss of profits or other adverse effects resulting from the use, or inability to use, the Price Comparator, except in cases of wilful misconduct or gross negligence.

12.6 The Seller undertakes to use the Price Comparator only for internal purposes related to their activity on the Platform, refraining from copying, reproducing, disclosing or using the information for other purposes, unless expressly and in writing authorised by BIGHub.

12.7 All intellectual property rights over the Price Comparator, including software, databases, interface and content, belong to BIGHub or its licensors.

12.8 BIGHub reserves the right to modify, suspend or discontinue, in whole or in part, the Price Comparator service, at any time and without prior notice, with no compensation being owed to the Seller for such fact.

13. INTELLECTUAL PROPERTY

13.1 The Seller declares and warrants that it fully, exclusively, irrevocably and free of any charges, encumbrances, claims or limitations holds all intellectual property rights related to the Products, including, but not limited to, trademarks, trade names, designs, logos, patents, utility models, copyrights, trade secrets, know-how, database rights, software, as well as any other related rights, whether registered or not, existing in any jurisdiction. The Seller further undertakes to ensure that the commercialisation, distribution, offering, sale or any other form of exploitation of the Products does not infringe the rights of third parties, assuming full responsibility for any claims, disputes or damages arising from alleged violations of intellectual property rights.

13.2 The Seller fully acknowledges and respects all intellectual property rights held by BIGHub, including, but not limited to, trademarks, trade names, designs, logos, patents, utility models, copyrights, trade secrets, know-how, database rights, software, as well as any other related rights, whether registered or not, existing in any jurisdiction. The Seller undertakes not to use, reproduce, distribute, modify, or exploit in any way BIGHub’s intellectual property rights without BIGHub’s prior written authorisation. Furthermore, the Seller undertakes to take all necessary measures to prevent any infringement of BIGHub’s intellectual property rights and to cooperate fully with BIGHub in the event of any claim, dispute or damage arising from alleged violations of these rights.

13.3 For the price established for the provision of services contracted between the parties, BIGHub grants the Seller a non-exclusive, non-transferable, worldwide and revocable licence to use the Platform, exclusively for the purposes of registration, consultation, management of the relationship with BIGHub and for use of the Price Comparator, for as long as the commercial relationship between the Parties is maintained.

13.4 BIGHub reserves the right to remove content that infringes intellectual property rights or that is the subject of notification by rights holders or competent authorities.

14. PERSONAL DATA PROTECTION

14.1 For particular conditions in which the modality described in 2.1.3 is contracted, the parties act as independent data controllers for the personal data they have access to, undertaking, in this context, to fully comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter “GDPR”), as well as other applicable national and European legislation on personal data protection.

14.2 For particular conditions in which the modality described in 2.1.1 and 2.1.2 is contracted, to enable the use of the Platform by the Seller as described in these Terms and Conditions, BIGHub will act as a data processor for the Seller, processing data in accordance with the instructions issued by the Seller.

14.3 BIGHub will process Customers’ personal data, on behalf of and for the account of the Seller, exclusively to facilitate the contractual relationship between the Customers and the Seller, in the context of the performance of this Contract.

14.4 The categories of personal data processed by BIGHub include identification and contact information and, for particular conditions in which the modality described in 2.1.1 is contracted, billing data and Customer order data. The data subjects are the Customers who contract with the Seller through the purchase of Products made available in the Marketplaces. The data will be processed for as long as this Contract remains in force.

14.5 In this context, BIGHub undertakes to:

14.5.1 Process personal data only on documented instructions from the Seller, including with regard to transfers of personal data to a third country or an international organisation, unless such is required by the law of the Union or of the Member States to which BIGHub is subject; in that case, BIGHub will inform the Seller of that legal requirement before processing, unless the applicable law prohibits such information for reasons of public interest.

14.4.2 BIGHub will immediately inform the Seller if, in its opinion, any instruction violates applicable data protection legislation.

14.4.3 Ensure that persons authorised to process personal data have committed to confidentiality or are subject to an appropriate statutory obligation of confidentiality.

14.4.4 Implement appropriate technical and organisational measures to ensure the security and confidentiality of personal data processed in the context of the provision of its services.

14.4.5 Assist the Seller, taking into account the nature of the processing, through appropriate technical and organisational measures, to the extent possible, in fulfilling the obligation to respond to requests for the exercise of data subjects’ rights.

14.4.6 Assist the Seller in ensuring compliance with the obligations set out in Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to BIGHub.

14.4.7 Delete or return all personal data to the Seller upon termination of the provision of services and delete existing copies, except where there is a legal obligation requiring the retention of personal data.

14.4.8 Make available to the Seller all information necessary to demonstrate compliance with GDPR obligations and permit and contribute to audits, including inspections, carried out by the Seller or another auditor mandated by the Seller.

14.5 The Seller grants general authorisation for the engagement of further sub-processors by BIGHub, expressly authorising the involvement of the entities identified in the List of Further Sub-Processors as further sub-processors. BIGHub will inform the Seller of any planned changes regarding the addition or replacement of further sub-processors. Further sub-processors that are engaged will be subject to obligations equivalent to those assumed by BIGHub under these Terms and Conditions in respect of personal data protection. If a further sub-processor fails to fulfil its data protection obligations, BIGHub remains fully responsible to the Seller for the fulfilment of that further sub-processor’s obligations.

List of Further Sub-Processors:

14.6 BIGHub will notify the Seller without undue delay after becoming aware of a personal data breach, providing all relevant information so that the Seller can fulfil its notification obligations to supervisory authorities and data subjects, as applicable.

14.7 BIGHub declares that personal data processed on behalf of the Seller will only be transferred outside the EU/EEA if appropriate transfer mechanisms are in place under Chapter V of the GDPR.

14.8 BIGHub will also process the personal data of Sellers, as data controller, for the purposes of performing these Terms and Conditions, as well as to enable the Seller’s registration on the Platform and compliance with the respective legal obligations, in accordance with other applicable data protection legislation. To learn more about these processing activities, including which personal data are processed and under what conditions, the measures adopted to protect the security and privacy of such data, the rights of Data Subjects and how those rights may be exercised, please consult the Privacy Policy.

15. CONFIDENTIALITY

15.1 Any Party that receives Confidential Information, as defined in Clause 15.2, undertakes to maintain and treat as strictly confidential the information provided, as well as not to transmit that information to third parties, nor to license or make any other use of that Confidential Information, under any circumstances, except in the following situations:

(a) Where this is expressly authorised in writing by the Party that issued it;

(b) Where this is in compliance with a court order or regulatory body with the necessary authority, or in response to a request from external and/or internal auditors, provided that these are subject to professional secrecy obligations within the scope of the audit that motivates the request;

(c) If it enters the public domain at the initiative of the Party that owns the Confidential Information, or if it subsequently becomes so, after being disclosed to the other Party, except where this results from a breach of a duty of confidentiality.

15.2 “Confidential Information” means all technical and non-technical, commercial, financial, strategic or other information communicated to the Parties or transmitted between the Parties under these Terms and Conditions, including, without limitation, all information relating to Products, as well as documents, specifications, trade secrets and “Know-how” of either Party.

15.3 The Parties agree that information received under the preceding paragraphs may only be used for the fulfilment of their obligations under these Terms and Conditions and will remain in force even after the termination, for whatever reason, of these Terms and Conditions.

16. GENERAL PROVISIONS

16.1 If any provision of these Terms and Conditions proves to be null and void or ineffective, this will not affect the validity of the remaining provisions, which will subsist to the maximum extent permitted by law.

16.2 BIGHub reserves the right to amend these Terms and Conditions at any time and without prior notice.

16.3 Neither Party shall be liable for non-performance due to events outside their reasonable control, including natural disasters, widespread power or connectivity failures, labour disputes, acts of authority or large-scale cyberattacks. The affected Party will notify the other Party and will make efforts to mitigate the effects.

17. APPLICABLE LAW AND JURISDICTION

17.1 These Terms and Conditions are governed by and interpreted in accordance with Portuguese law. The parties agree to submit to the exclusive jurisdiction of the judicial courts of the district of Lisbon the resolution of any legal questions arising from these Terms and Conditions, without prejudice to applicable mandatory legal rules.

17.2 If any provision of the Terms and Conditions is considered null and void, voidable, inapplicable, ineffective or unenforceable or otherwise invalid by any competent body, including a court with competent jurisdiction, the invalidity of any such provision will not affect the validity of the remaining provisions of the Terms and Conditions, which will remain in full force and effect.

In the event of a declaration of invalidity as set out in the above paragraph, the Terms and Conditions shall be, to the maximum extent permitted by law, interpreted so as to produce effects as similar as possible to those originally intended (even with the invalidated provision).

18. COMMUNICATIONS

18.1 Relevant communications will be made in writing to the contacts indicated in the particular conditions, by email or by other agreed means.

19. ASSIGNMENT AND SUBCONTRACTING

19.1 The Seller may not assign their contractual position or rights/obligations without the prior written consent of BIGHub, except in the context of internal restructuring or business transfer, subject to prior notice.

19.2 BIGHub may subcontract the provision of parts of the service, remaining responsible to the Customer, without prejudice to the specific regime of further sub-processors under clause 14.

20. TERM AND TERMINATION

20.1 The contract enters into force on the date of acceptance of the particular conditions and remains in force for the period indicated therein, automatically renewing for equal periods, unless terminated by either Party with prior written notice, under the agreed terms.

20.2 Either Party may terminate the contract for just cause, upon written notice, in the event of material non-compliance not remedied within 30 days after notification, or immediately in cases of insolvency, cessation of activity or serious breach of confidentiality or security by the other party.

20.3 Upon termination, access to the Platform (if contracted, namely under the modalities described in 2.1.1 and 2.1.2) is deactivated. BIGHub will make available to the Seller, upon request and within a reasonable period, the possibility of exporting the data relating to them. Obligations which, by their nature, should subsist, will remain in force.

Date of last update: [11/03/2026]