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1.1 These General Terms and Conditions apply in the version valid at the time of the order for orders of goods offered on www.buddyandselly.com (hereinafter “online shop”). The contractual partner (hereinafter “seller” or “we”) is: Reverse-Retail GmbH, Schnackenburgallee 41 a, 22525 Hamburg; VAT identification number DE280755885, Managing Director: Harald Sipple; Company headquarters: Hamburg; Hamburg District Court, registration number: HRB 121682.
1.2 Differing general terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity in writing (§ 126 BGB).
1.3 The seller sells its goods exclusively to consumers. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who places an order with the seller, the purpose of which cannot predominantly be attributed to either their commercial or independent professional activity. With his order, the customer confirms that he is a consumer and is not purchasing the goods for the purpose of resale. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
1.4 If the customer purchases goods in breach of contract as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the sale of the goods in the case of used items - in deviation from Section 9.1 - takes place under the exclusion of the warranty, and in the case of newly manufactured items under the limitation of the limitation period for warranty claims in accordance with Section 9 one year from delivery. These limitations do not apply in the cases mentioned in Section 10 or if a longer limitation period is mandatory by law. Section 10 applies accordingly to the limitation of this exclusion of liability. If goods are purchased by an entrepreneur, the seller is entitled to withdraw from the purchase contract.
1.5 The seller's general terms and conditions can be viewed by the customer at any time at https://www.buddyandselly.com/de-en/gtc.
1.6 The contract language is German.
2.1 The customer can select products from the seller's range, in particular second-hand designer fashion, and collect them in a so-called shopping cart using the ""Add to shopping cart"" button. Using the “Buy now” button, he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the “Accept Terms and Conditions” button and thereby included them in their application.
2.2 The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the ""Print"" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (email or paper printout) (contract confirmation ). The contract text is saved by the seller while maintaining data protection.
3.1 The prices stated in the online shop include the applicable statutory sales tax and plus the respective shipping costs stated in the order form. The amount of shipping costs depends on the location to which the goods are to be shipped and the type of shipping desired by the customer.
3.2 The shipping costs are to be borne by the customer unless the customer exercises his right of withdrawal. In the event of a cancellation, the customer must bear the direct costs of the return.
3.3 The purchase price can be paid either via PayPal, credit card payment, purchase on account with the payment service providers Zinia and Klarna, installment payment, instant transfer and Amazon Pay. The customer will not be charged any additional fees for the use of the above payment methods.
3.4 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the seller default interest for the year in the amount of 5 percentage points above the base interest rate. The customer's obligation to pay default interest does not exclude the assertion of further damages caused by the delay by the seller.
3.5 Further details about shipping costs and payment methods can be viewed here.
4.1 Unless otherwise agreed, the goods will be delivered to the address specified by the customer in the purchase offer. Further details about delivery and service can be viewed at https://www.buddyandselly.com/de-de/service/versand-payment.
4.2 Delivery times specified by us are calculated from the time of our order confirmation, assuming prior payment of the purchase price. If no or no different delivery time is specified for the respective goods in our online shop, it is usually up to three working days within Germany.
4.3 If no copies of the product selected are available at the time of the customer's order, the seller will immediately inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not issue a declaration of acceptance. In this case, a contract is not concluded.
4.4 If the product specified by the customer in the order is only temporarily unavailable, the seller will also immediately inform the customer of this in the order confirmation.
4.5 The following delivery restrictions apply: The seller only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: EU member states.
5.1 The customer cannot set off counterclaims unless the counterclaims have been legally established or are undisputed. The customer is also entitled to set off against our claims if he asserts complaints about defects or counterclaims from the same purchase contract. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
5.2 The customer can still declare offsetting of the offsetting claims mentioned under section 5.1, provided that these claims are time-barred, even if the customer's claim was not yet time-barred at the time when the customer first made a claim against the claim the seller could set off (cf. § 215 BGB). This also applies to asserting a right of retention.
The goods remain the property of the seller until the purchase price has been paid in full.
7.1 When concluding a distance selling transaction, the customer generally has a statutory right of withdrawal, about which the seller informs in accordance with the legal model under Section 7.2. A sample cancellation form can be found in Section 7.3.
7.2 Cancellation policy
7.2.1 Right of withdrawal
Consumers have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier of the goods has or has taken possession of the ordered goods. If goods from a single order are delivered separately or if the goods are delivered in several partial shipments or pieces, the cancellation period begins with receipt of the last partial shipment or the last piece of the goods. In order to exercise your right of withdrawal, you must contact us
Sachsenland Transport/Logistik GmbH
Buddy&Selly
Magdeburger Strasse 580
01067 Dresden
Email: buy@buddyandselly.com
Telephone: 0800 280 80 20
From abroad: +49 (0)40 284 67 68 90
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, telephone or email). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
7.2.2 Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You will receive the goods immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract
Sachsenland Transport/Logistik GmbH
Buddy&Selly
Magdeburger Strasse 580
01067 Dresden
to return or hand over. The deadline is met if you send the goods before the fourteen day period has expired. We bear the costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.3 Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back to us.)
To: Sachsenland Transport/Logistik GmbH
Buddy&Selly
Magdeburger Strasse 580
01067 Dresden
I/we (*) hereby revoke 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 the consumer(s):
Signature of the consumer(s) (only for paper notification):
Date:
__________________________
(*) Delete what is not applicable.
8.1 The seller also grants the customer the right to withdraw from the contract with the seller within 30 days without giving reasons (hereinafter the “Voluntary Right of Return”), without prejudice to his legal rights, in particular the statutory right of withdrawal and the warranty rights in accordance with Section 9. ).
8.2 In this case, the return period is 30 days from the day on which the customer or a third party named by the customer who is not the carrier of the goods has or has taken possession of the ordered goods. If goods from a single order are delivered separately or if the goods are delivered in several partial shipments or pieces, the return period begins with receipt of the last partial shipment or the last piece of the goods. In order to exercise the voluntary right of return, the customer must
Sachsenland Transport/Logistik GmbH
Buddy&Selly
Magdeburger Strasse 580
01067 Dresden
Email: buy@buddyandselly.com
Telephone: 0800 280 80 20
From abroad: +49 (0)40 284 67 68 90
inform you of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, telephone or email). The customer can use the form attached under section 7.3, although this is not mandatory.
The prerequisite for return is that the goods must be in the same condition as when received and the item label must not be removed.
8.3 In order to meet the return deadline, it is sufficient for the customer to send the notification of the exercise of the voluntary right of return before the end of the return period in accordance with Section 8.2 and to send the goods to be returned before the expiry of the aforementioned period.
8.4 If the customer exercises the voluntary right of return, the consequences will be governed by Section 7.2.2.
9.1 Unless expressly agreed otherwise, the customer's warranty claims are based on the statutory provisions of the sales law (§§ 434 ff. BGB).
9.2 An additional guarantee only exists for the goods delivered by the seller if this was expressly provided in the order confirmation for the respective item.
9.3 The limitation period for warranty claims for used items is limited to one year. This limitation does not apply in the cases mentioned in Section 10 or if a longer limitation period is mandatory by law. Section 10 applies accordingly to the limitation of this exclusion of liability.
10.1 Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
10.2 In the event of a breach of essential contractual obligations, the seller is only liable for the foreseeable damage that is typical for the contract if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
10.3 The restrictions in Sections 10.1 and 10.2 also apply to the benefit of the seller's legal representatives and vicarious agents if claims are asserted directly against them.
10.4 The liability limitations resulting from Section 10.1 and Section 10.2 do not apply if the seller fraudulently concealed the defect or gave a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement about the nature of the item. The provisions of the Product Liability Act remain unaffected.
Details about the seller's data protection can be found in the seller's data protection information at https://www.buddyandselly.com/de-en/data-privacy.
12.1 Should one or more provisions of these General Terms and Conditions be or become invalid, this will not affect the effectiveness of the remaining provisions. The same applies in the event of a gap in these general terms and conditions.
12.2 Place of fulfillment for delivery and payments is Hamburg.
12.3 The contract is subject in all its parts to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and excluding the German conflict of laws. The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
12.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between the seller and the customer is Hamburg.
12.5 The European Commission provides a platform for online dispute resolution. Further information is available at the link https://ec.europa.eu/consumers/odr/. The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
Status: 01.10.2024
1.1 For the business relationship between
Reverse-Retail GmbH
Schnackenburgallee 41a
22525 Hamburg
Tel.: 040-284 67680
Email: sell@buddyandselly.com
registered in the commercial register of the Hamburg District Court under HRB 121682, represented by the managing director Harald Sipple, VAT identification number. DE280755885 (hereinafter “Buddy&Selly”) and the customer (hereinafter “Customer”) are exclusively subject to the following General Terms and Conditions of Purchase (hereinafter “Purchase Conditions”) in the version valid at the time the respective contract is concluded.
1.2 Any deviating general terms and conditions of the customer are hereby expressly contradicted. The customer's general terms and conditions will not apply even if their scope of regulation goes beyond the scope of these purchasing conditions.
1.3 The purchasing conditions apply to the purchase of second hand brand and designer fashion, in particular clothing, bags, shoes and accessories by Buddy&Selly from the customer.
1.4 Buddy&Selly generally obtains its goods exclusively from consumers within the meaning of Section 13 of the German Civil Code (BGB). A consumer is any natural person who does not conclude a contract for a purpose that can be predominantly assigned to their commercial or independent professional activity. By using the Buddy&Selly purchasing portal or sending in the goods, the customer confirms that he is a consumer, that he has purchased the goods sent in in the territory of the European Union and/or the European Economic Area and that he does not accept the goods sent sold for commercial purposes. Submissions from commercial customers are only possible after prior agreement in text form with Buddy&Selly. Even in the case of such an agreement, there is no obligation for Buddy&Selly to accept the goods.
1.5 The customer must be over 18 and have legal capacity.
2.1 Buddy&Selly only accepts goods that meet the following criteria:
2.2 Acceptance or purchase only takes place from EU countries. Submissions that require payment of import duties will not be accepted under any circumstances.
3.1 The customer sends Buddy&Selly the completed submission form provided on the Buddy&Selly website. Once the submission form has been received and checked, the customer will receive a shipping label via email to send the sales goods to Buddy&Selly free of charge, provided they are shipping their goods from Germany, Austria or Luxembourg. Sending goods from countries other than Germany, Austria or Luxembourg is at the customer’s expense. Buddy&Selly will not accept goods sent in from countries that are not members of the EU.
3.2 The risk of accidental loss or accidental deterioration of the goods passes to Buddy&Selly when the goods are handed over.
3.3 The customer sending the goods to Buddy&Selly does not constitute an offer from the customer to Buddy&Selly, but merely contains a non-binding request to Buddy&Selly to inspect the goods and, in the event of a positive result, to make an offer for purchase.
3.4 Buddy&Selly will usually inspect the goods within ten working days of receipt of the goods.
3.5 The evaluation of the goods is carried out according to sales-relevant criteria and with the help of the evaluation software developed specifically for this purpose. The brand, condition, age, timeliness and current market demand all play a role here. The evaluation of the goods and the decision on the price offer are solely at the sole discretion of Buddy&Selly.
3.6 The goods will only be assessed on the condition that the customer has provided Buddy&Selly with the necessary contact information, in particular the return address, telephone number and email address, at the latest when the goods are sent in. Submissions without the required contact information will not be processed.
4.1 Following a positive inspection of the goods, Buddy&Selly will send the customer an offer by email to purchase the goods or parts thereof at a price set by Buddy&Selly.
4.2 The purchase price includes any applicable sales tax.
4.3 After Buddy&Selly has submitted the offer, the customer must inform Buddy&Selly by email within five working days that
4.4 If the customer has not made a declaration within the period of five working days, Buddy&Selly will send a reminder to the customer by email twice, at least fourteen days apart, in which the customer will be informed that the goods will be returned if there is no response is donated to a charitable cause. If the customer does not then accept the offer or request the return of the goods within a further four weeks, this will be considered as the customer's declaration of relinquishment of his ownership of the goods and the goods will be donated to another charitable organization of Buddy&Selly passed on. The customer will not be compensated in the event of a donation.
4.5 A purchase contract is concluded if the customer accepts Buddy&Selly's offer by clear declaration by email before the deadlines specified in Section 4.3 have expired.
4.6 After conclusion of the purchase contract, Buddy&Selly transfers the agreed purchase price to the bank account provided by the customer within a payment period of 14 days after receipt of the customer's declaration of acceptance.
5.1 Buddy&Selly reserves the right to reject the customer's goods without giving reasons. Buddy&Selly will inform the customer whether the goods were rejected because they do not comply with the general provisions in accordance with section 1 or the acceptance guidelines in accordance with section 2, or whether the goods are rejected for other reasons.
5.2 If Buddy&Selly decides against an offer after checking the goods, Buddy&Selly will inform the customer of the rejection of the goods by email. After submitting the rejection of the goods, the customer must inform Buddy&Selly by email within five working days whether the goods should be returned to the customer or whether the goods can be donated.
5.3 If the customer has not made a declaration within five working days, the goods will be donated to a charitable purpose after two unsuccessful reminders from the customer in accordance with the procedure described in section 4.3.
6.1 If the customer does not approve of Buddy&Selly's offer, or if Buddy&Selly rejects the customer's goods, even though they comply with the general provisions in accordance with Section 1 and the acceptance guidelines in accordance with Section 2, the goods will be returned free of charge, provided the return is made to Germany, Austria or Luxembourg.
6.2 For goods that do not comply with the general provisions in accordance with Section 1 and/or the acceptance guidelines in accordance with Section 2, and for which Buddy&Selly does not make an offer to purchase, the goods will only be returned at the customer's expense. In this case, the prerequisite for returning the goods to the customer is that the customer sends a pre-franked shipping label by email to Buddy&Selly within a period of 14 days after notification of the rejection of the goods by email to the customer. If the customer does not send a properly prepaid shipping label to Buddy&Selly within 14 days of notification of rejection of the goods, Buddy&Selly is entitled to return the goods to the customer at the customer's expense as an insured package with a shipping service provider of their choice. Alternatively, Buddy&Selly has the right to donate the goods after going through the procedure described in Section 4.3 (two unsuccessful reminders) or to dispose of them if the requirements in accordance with Section 6.3 are met.
6.3 It is pointed out once again that there are no counterfeits within the meaning of Section 2.1. This also applies to items whose authenticity cannot be clearly established by Buddy&Selly. Such goods will only be returned after the customer has sent a pre-franked shipping label or, after two unsuccessful reminders from the customer, either disposed of or handed over to the police at Buddy&Selly's discretion in accordance with the procedure described in section 4.3 (two unsuccessful reminders). In this case, the customer will not be compensated.
Goods that cannot be delivered as part of the return for reasons for which Buddy&Selly is not responsible will only be re-shipped if the customer sends a pre-paid shipping label. Buddy&Selly will inform the customer of this possibility by email after becoming aware of the failed delivery and receipt of the goods by Buddy&Selly. The customer can send the pre-franked shipping label to Buddy&Selly within 14 days of this notification. If a pre-paid shipping label is not sent to Buddy&Selly, the goods will be donated after two unsuccessful reminders from the customer in accordance with the procedure described in section 4.3 or, if the requirements are met, disposed of in accordance with section 6.3.
8.1 Reversal of the purchase contract is fundamentally not possible for technical and accounting reasons and is therefore excluded to the extent permitted by law.
8.2 If it emerges within the framework of internal quality controls within a period of six months after conclusion of the purchase contract that an item does not have all the authenticity features required for commercial resale, Buddy&Selly reserves the right to terminate the purchase contract for the item in question within 14 days to be reversed after the defect has been discovered, unless Buddy&Selly is responsible for the defect not being recognized during the goods inspection.
8.3 If the customer's goods are defective, Buddy&Selly is entitled to the statutory warranty rights.
9.1 Buddy&Selly's liability for damages of any kind is excluded, subject to the following exceptions.
9.2 The exclusion of liability does not apply
9.3 As part of shipping, there is liability for packages up to a value of EUR 5,000.00 in accordance with the transport insurance taken out by Buddy&Selly.
9.4 The above exclusions and limitations of liability also apply to Buddy&Selly's liability for its bodies, employees and vicarious agents.
Buddy&Selly is entitled to store and process the data about the customer received as part of the contractual relationship or as part of the delivery of the goods, regardless of whether they come from the customer or from third parties, in accordance with the provisions of the Federal Data Protection Act. (see data protection declaration)
If one or more provisions of these purchasing conditions are or become ineffective, this will not affect the effectiveness of the remaining provisions. The legal regulations apply in their place. In no case will the relevant provision in these terms and conditions of purchase be replaced by the customer's terms and conditions. The same applies if there is a gap in the purchase conditions.
12.1 Place of fulfillment for deliveries and payments is Hamburg.
12.2 Hamburg is the exclusive place of jurisdiction if the customer does not have a general place of jurisdiction in Germany, moves his place of residence or usual place of residence outside the Federal Republic of Germany after conclusion of the contract or his place of residence or usual place of residence is not known to Buddy&Selly at the time the action is filed.
12.3 German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international private law. In addition to the above regulation, consumers who have their habitual residence outside the Federal Republic of Germany can always rely on the mandatory regulations of the state in which they have their residence.
12.4 The European Commission provides a platform for online dispute resolution. Further information is available at the link https://ec.europa.eu/consumers/odr/. Buddy&Selly is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Status: 01.10.2024
