Platform Disclaimer — Tools Marketplace

This Platform Disclaimer complements the Tools Marketplace Terms, the Seller Agreement, the Buyer Terms, the Rental Terms, the Return & Refund Policy, and the Platform Terms of Service. Nothing in this document limits mandatory consumer-law rights in your country of residence or any liability that cannot be limited by contract.

1. ChefSphere's role — split by selling method

ChefSphere — operated by ChefSphere OÜ, Estonian registry code 17470129 — runs an online marketplace that connects Buyers, Renters, Sellers, and Owners.

1.1 Worldwide-shipped sales

For this flow, ChefSphere:

• hosts the listings, media, variants, stock, ratings, reviews, and user profiles;
• processes payments using Stripe (and, for certain in-app purchases, Apple App Store / Google Play) and, where applicable, collects and remits VAT;
• issues carrier labels through Shippo from the Seller's pre-paid Label Wallet;
• runs the return-and-refund flow, the chargeback defence, the earnings ledger, safety-limits, trust-scoring, and the in-app dispute surfaces.

1.2 In-person sales and rentals

For this flow, ChefSphere is a pure information-society intermediary within the meaning of the e-Commerce Directive (Directive 2000/31/EC) and of the Digital Services Act (Regulation (EU) 2022/2065). ChefSphere:

• hosts the listing and the in-app messaging;
• records the agreed price, duration, pickup location, and timestamps;
• runs content moderation and Trust & Safety enforcement;
• provides photos/notes in dispute evidence on request.

ChefSphere does not:

• process, hold, escrow, or guarantee the cash payment between the parties;
• act as merchant of record, payment institution, or money-services business for these flows;
• run a platform-side refund, return, or chargeback for these flows (no money is held);
• attend the meet-up;
• insure the tool or the parties against loss, theft, or damage;
• issue an invoice on behalf of the Seller for a cash transaction.

In neither flow does ChefSphere manufacture, refurbish, or inspect any tool before it is listed, test, calibrate, or certify a tool's fitness for a particular use, or store tools in its own warehouse (except where it expressly offers a fulfilment service with its own terms).

1.3 Statutory basis of the intermediary role

ChefSphere's intermediary role on the Tools Marketplace rests on three converging statutes that define the limits of platform liability for user-generated listings, photos, and messages:

• Hosting exemption — Art. 14 of Directive 2000/31/EC (e-Commerce Directive). ChefSphere is a hosting-service provider that stores information provided by users (listings, images, reviews, chat) at their request. ChefSphere is not liable for that information provided it (i) does not have actual knowledge of illegal activity or information; (ii) is not aware of facts or circumstances from which the illegal activity or information is apparent; and (iii) upon obtaining such knowledge or awareness, acts expeditiously to remove or disable access to the information. A precise and substantiated notice under the DSA Notice procedure constitutes "actual knowledge" within the meaning of Art. 14(1).
• No general monitoring obligation — Art. 15 of Directive 2000/31/EC. ChefSphere is not subject to a general obligation to monitor the information it stores, nor to a general obligation actively to seek facts or circumstances indicating illegal activity. This is without prejudice to specific monitoring obligations required by a competent authority and to the Art. 17 DSM Copyright Directive regime that applies to the Ebook Marketplace (see the Ebook Author Agreement).
• DSA confirmation — Art. 6 of Regulation (EU) 2022/2065. Art. 6 DSA restates the hosting liability exemption for providers of hosting services, subject to the DSA's own notice-and-action, transparency, and due-diligence obligations (Arts. 16, 20, 22, 27, Art. 30 trader traceability). Nothing in this section contracts out of those DSA obligations.

Nothing in Sections 1.1 to 1.3 limits any liability that ChefSphere expressly accepts under the Tools Marketplace Terms, nor any mandatory consumer-law rights the Buyer has against the Seller.

2. No warranty on tools themselves

Unless otherwise agreed in writing, tools are sold or rented "as described" by the Seller/Owner and, where applicable, subject to the manufacturer's commercial warranty. ChefSphere gives no warranty, express or implied, on the Seller's or manufacturer's product, beyond the platform-intermediary obligations described in the Marketplace Terms. In particular, ChefSphere does not warrant:

• fitness for a particular purpose of a listed tool;
• accuracy of origin, brand, age, condition, certification, or serial number claims made by a Seller;
• availability of spare parts, consumables, or service;
• that the tool will conform to a regulation specific to the Buyer's country unless the listing explicitly so states.

Consumer rights under Directive (EU) 2019/771 (conformity of goods) and similar local rules apply directly between Buyer and Seller. They are not extinguished by this disclaimer, and the Buyer retains them whether the payment was made online through Stripe (worldwide) or in cash at a meet-up (in-person/rental).

3. Safety

Kitchen tools can be dangerous when misused. By using the Marketplace you accept that:

• you are responsible for reading and following the manufacturer's instructions;
• some tools require specific training, certification, or personal protective equipment (PPE) that ChefSphere does not provide;
• some tools involve moving parts, sharp edges, heat, pressure, gas, or electricity — misuse can cause injury or property damage;
• you keep such tools away from minors unless appropriate supervision is in place.

Where an item is inherently dangerous (large blades, pressure equipment, certain propane or butane equipment), the Seller must state the nature of the risk in the listing. Misrepresentation of the risk is a breach of the Seller Agreement.

4. Cash flows — additional disclaimers for in-person and rental

For cash-settled in-person sales and for rentals, ChefSphere additionally disclaims:

• any responsibility for the authenticity of the cash received by the Seller/Owner;
• any responsibility for the safety of cash in transit to or from the meet-up;
• any guarantee of a timely deposit return on a rental — the deposit is in the Owner's hands, not in an escrow;
• any guarantee that the counterparty will appear at the meet-up;
• any ability to reverse or refund a cash payment — the platform never held it.

Users are strongly advised to follow the In-Person Safety addendum, especially the counterfeit-note checks and the prohibited-payment-methods list in section 7 of that document.

5. Limitation of liability

To the maximum extent permitted by law and without prejudice to mandatory rules:

• ChefSphere is not liable for the performance of the underlying sale, rental, or handoff between the parties;
• ChefSphere is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, loss of profits, business interruption, loss of data, or the cost of substitute goods;
• ChefSphere's aggregate liability in contract or tort for any claim directly related to the use of the Tools Marketplace is capped at the greater of: (a) the fees ChefSphere has charged you on the specific transaction giving rise to the claim, or (b) €500;
• for in-person and rental transactions where ChefSphere did not charge a fee, the aggregate liability cap defaults to €500;
• the above caps do not apply to death or personal injury caused by negligence, to gross negligence, wilful misconduct, fraud, or fraudulent misrepresentation, or to any liability that cannot be limited under applicable law.

6. Data

Personal data is processed under the Platform Privacy Policy and, for the Marketplace context, under the Seller Privacy Notice as it applies to sellers. Contact [email protected] or the Data Protection Officer [email protected] for data-protection enquiries.

7. Payment providers (worldwide only)

• Stripe is the payment provider for worldwide sales. Stripe's own terms apply when you connect or transact through Stripe.
• Apple App Store and Google Play govern certain in-app purchases routed through their systems.
• ChefSphere is not a bank, an EMI, or a money-services business, and does not hold your funds outside the Stripe flow.
• No platform payment provider is used for in-person sales or rentals — cash flows directly between Seller/Owner and Buyer/Renter.

8. Carriers and Shippo (worldwide only)

• Shippo is the carrier aggregator for worldwide orders. Shippo's terms, carrier TOS, and Dangerous Goods rules apply.
• Carrier estimates are not guarantees. Customs outcomes depend on the destination country's rules, which change frequently.

9. Force majeure and service modifications

• Force majeure. ChefSphere is not liable for failure or delay in delivering the Marketplace because of an event outside its reasonable control: war, armed conflict, civil unrest, strike or lockout, pandemic or quarantine, national emergency, power outage, major carrier failure, a regulator's order, a third-party provider's outage (Stripe, Shippo, Apple, Google, Cloudflare), or a distributed-denial-of-service attack. During such an event, deadlines for non-money obligations are suspended for the duration of the event.
• Service modifications. ChefSphere may modify, improve, discontinue, or restrict specific features of the Marketplace for operational, regulatory, or safety reasons. Where a modification materially reduces your rights we give 30 days' notice in-app or by email, except where a shorter notice is required by law or by an urgent safety concern.
• Third-party services and links. Stripe, Shippo, Apple App Store, Google Play, Cloudflare, map and address providers, and any external site linked from the Marketplace are subject to their own terms. ChefSphere does not endorse, guarantee, or assume responsibility for those services beyond what the relevant contract requires.
• Beta / experimental features. Features labelled "beta", "preview", or "experimental" are offered as-is, can be withdrawn at any time, and may carry additional in-app terms.

10. Law and jurisdiction

This Disclaimer is governed by the law of Estonia and disputes are referred to the Harju County Court (Harju Maakohus), Tallinn, without prejudice to mandatory consumer-protection rules and out-of-court dispute resolution paths described in the Marketplace Terms.

11. Changes

Material changes take effect 30 days after in-app and email notice, unless a shorter period is required by law or an imminent safety concern.

12. Contact

• Legal notices: [email protected]
• DSA single point of contact: [email protected]
• DPO: [email protected]
• General support: [email protected]