represented by its managing directors Mrs. Sophie-Cécile Wickmann and Mr. Max Laurent Schönemann, HRB 126796 – District Court of Hamburg ("REBELLE") operates a shop for second hand designer fashion. REBELLE offers the provision, marketing and sale of second hand designer fashion for private and professional sellers, primarily via the website operated by REBELLE, www.rebelle.com (in the following "REBELLE website"), but also via other distribution channels.
The following General Terms and Conditions ("Terms") apply to the use of REBELLE website made available according to these Terms and govern the provision, representation and buying and sales processes in conjunction with the use of the services provided by REBELLE as well as the REBELLE website. For sellers, the additional Special Terms and Conditions of the StyleRemains GmbH for Sellers (“Seller Terms”) apply. Said Terms and the Seller Terms are newly stipulated for each individual buying and sales process as well as required preparatory measures such as the provision and presentation of the sales items and do not constitute a master agreement. The user accepts the validity of these Terms each time he or she uses the RERBELLE website (also when not in regard to the buying or sales process or a preparatory measure). Deviating and/or additional special terms and conditions can apply to possible special offers/promotions as well as other access options (e.g. via applications) initiated or supported by REBELLE.
Within the meaning of these Terms and pursuant to § 13 of the German Civil Code, a consumer is any individual, who concludes a transaction for purposes, which cannot be primarily attributed to his or her occupational activities (employed or self-employed).
Within the meaning of these Terms and pursuant to § 14 of the German Civil Code, an entrepreneur is any individual, entity or partnership with legal capacity, who/which acts in his/her/its professional capacity (employed or self-employed) when concluding a transaction.
A seller is a private or professional seller (consumer or entrepreneur), who commissions REBELLE to offer, market and sell the sales item designated for sale.
A buyer is a private or professional buyer (consumer or entrepreneur), who makes an offer to buy a sales item offered by REBELLE on the REBELLE website or via another distribution channel.
A user is a private or professional buyer or seller (consumer or entrepreneur) of sales items on the REBELLE website or another website visitor of the REBELLE website (e.g. to create a user account).
1. General information; functioning of the REBELLE website; contractual relationships
Via the REBELLE website, which REBELLE operates, REBELLE offers a shop for second hand designer fashion. This website can be accessed on the Internet under the domain “www.rebelle.com” and “REBELLE.com”. REBELLE can - but is not obligated - to provide other access options to the REBELLE website via connections to other services, e.g. via so-called applications (apps).
The registered users, i.e. private and professional sellers and buyers of new or used garments, bags, shoes, accessories, jewellery or the like can conclude a contract for the sales items presented on the REBELLE website via this shop made available by REBELLE.
While entering data or information, the respective user can correct or delete his or her entries using the standard keyboard or mouse navigation.
The users registered at REBELLE can act as sellers as well as buyers of sales items. Users registered as buyers at REBELLE can view photographs and descriptions of sales items via the REBELLE website and make an offer to buy the shown sales items. In exceptional cases and according to individual agreements, the sales items can also be viewed in the REBELLE offices as well as in line with exhibition or direct sales conducted by REBELLE on a regular basis. In each case, the presentation of the item on the REBELLE website indicates whether the seller is a professional or private seller according to his or her own information.
REBELLE conducts visual inspections, to determine whether or not the sales items are a matter of fakes. There is no minimum period for the use of the REBELLE website.
In each individual sales process between the users, REBELLE acts as a representative with authority to conclude a contract for the respective seller (represented by REBELLE as the seller’s representative), who, upon concluding the sales contract with the buyer, sells and assigns the immediately due claim against the buyer to REBELLE without recourse (i.e. without a basis for recourse on behalf of REBELLE against the seller in the event of the buyer’s lack of creditworthiness). Details can be found in the Seller-Terms. If REBELLE does not sell a sales item as a representative on behalf of a seller but after a direct purchase from the seller on its own behalf, this will be indicated separately in the sales item listing on the REBELLE website.
Contracts concluded through REBELLE between the buyer and seller (represented by REBELLE), solely entitle and obligate the respective buyer and seller in regard to the sales item and possible rights associated with it, in particular warranty claims but excluding the assigned claim for the purchase price, unless REBELLLE is explicitly acting on its own behalf in view of the seller or buyer (e.g. this can be the case when specifically indicated as defined at the end of section 1.6 of these Terms). The buyer’s direct contractual claims against REBELLE in regard to the sales item are not constituted unless REBELLE is explicitly acting on its own behalf in view of the buyer (respect of the sale items are not covered, unless REBELLE acts explicitly in its own name against the purchaser (e.g. this can be the case when specifically indicated as defined at the end of section 1.6 of these Terms). The relationship between the respective seller and REBELLE does not represent a contract for the benefit of or with protective effect for third parties (in particular the buyer).
2. Registering as a user / deleting a user account
The use of the services on the REBELLE website requires sellers and buyers to register as users and to create a user account associated with said registration. There is no entitlement to the registration of a user account. A user account is non-transferable. A seller or a buyer can create one user account only.
Registration is free and is carried out by opening a user account. Depending on the use as a seller or buyer, there are different rights and obligations for the respective user. For sellers, the additional Seller Terms apply. If the Seller-Terms stipulate provisions with the seller, which contradict the provisions stipulated in these Terms, the former take precedence.
Registration is only permitted to entities, partnerships and individuals with unlimited legal capacity with residence or business location within the Federal Republic of Germany or in one of the following member states of the European Union. Minors in particular, are not permitted to register on the REBELLE website.
The registration of an entity (e.g. a private limited company) or any other company or association with its own legal entity (e.g. a private limited partnership or an association) may only be carried out by an individual with power of representation, whose name must be indicated. Furthermore, when registering, only individual persons can be specified as the owner of the user account (i.e. for example no married couples, families or co-ownerships).
The information requested by REBELLE during registration must be indicated in full and to the best of the user’s knowledge. This includes first and last name, the current address (excluding POBs), a valid E-mail address and telephone number as well as the company and an authorised representative, if applicable. The user can also provide additional information and include a profile photograph. If the provided information changes after registration, the user is obligated to immediately update the changes in question in his or her user account.
When registering, the user must choose a user name and a password. The user name may not consist of an E-mail or Internet address, may not infringe on third party rights – e.g. rights to a name or trademark rights – and may not offend common decency, The user is obligated not to disclose his or her access data to third parties (if applicable, including persons of the same company or association not listed as authorised representatives) and to take appropriate measures to maintain confidentiality of said data and to prevent the misuse of his or her user account by third parties (if applicable, including persons of the same company or association not listed as authorised representatives). If the user has any indications that his or her user account is being or was misused by any third party (if applicable, including persons of the same company or association not listed as authorised representatives), he or she is obligated to immediately notify REBELLE thereof, e.g. using the following E-mail address: email@example.com. REBELLE will not disclose a user’s password to any third party (if applicable, including persons of the same company or association not listed as authorised representatives) and will never request a user’s password via E-mail or telephone.
Users assume liability for all activities, which take place using their user account. If the user is not responsible for the misuse of his or her user account, e.g. based on the fact that no infringement of existing due diligence is evident, the user is consequently not liable.
The user account is activated by the user accessing a confirmation page. The user can access said page using the specified link in a confirmation E-mail, which is sent to the user after all required information has been provided in the registration process.
REBELLE reserves the right to delete user accounts or the information provided in this respect for incompletely executed or concluded registrations at any time. Section 10 and section 11 of these Terms remain unaffected.
REBELLE has the right – but is not obligated – to delete a user account if the user has not accessed his or her user account for more than six months. REBELLE will inform the user five work days prior to the expiration of the aforementioned period via E-mail that – unless the user accesses his or her user account within the next five work days – the user account will be deleted. A user with a deleted user account can re-register as a user in accordance with section 2. Section 11 of these Terms remains unaffected.
3. Buying a sales item; conclusion of contracts
The listing and presentation of a sales item on the REBELLE website is solely a request for a buyer to submit an offer.
To purchase a sales item on the REBELLE website, a buyer registered at REBELLE can click the “add to cart” button, to place said item into his or her shopping cart. A shopping cart can contain sales items from one or several sellers and at the same time, these sales items can be from different professional or private sellers. This is the first step of the buying process and not binding on any of the parties. Before the buyer submits a binding offer, the buyer has the option of reviewing all information he or she provided and the sales items placed in the shopping cart and if necessary, of correcting and/or removing sales items out of the shopping cart. The user does not place a binding offer until clicking the “Buy” button. Following this, the buyer receives a confirmation of the receipt of his or her offer to buy. This confirmation does not constitute an acceptance of the buyer’s offer by REBELLE on behalf of the seller.
The sales contract between the buyer and the seller is only concluded when REBELLE expressly declares the acceptance of the buyer’s offer on behalf of the seller by sending the buyer a shipping confirmation. If REBELLE has not yet received the sales item at the time the offer to buy is submitted, there can be a period of up to 14 work days within Germany and up to 21 work days in the following member states of the European Union between submission of the offer to buy and the acceptance of said offer by REBELLE on behalf of the seller due to delivery times and the time REBELLE requires to inspect the sales item. Until the buyer has received the acceptance of his or her offer to buy, the buyer can cancel said offer at any time and without stating reasons by informing REBELLE in writing. An E-mail to firstname.lastname@example.org suffices; possible payments, which were made prior to the acceptance of the buyer’s offer (by REBELLE acting on behalf of the seller), are subject to the conclusion of a sales contract. If a sales contract is not concluded (e.g. if an inspection of a sales item by REBELLE, which REBELLE did not receive until after an offer has been submitted, determines that the sales item does not sufficiently comply with the information provided by the seller or the sales item is a fake), payments made by the buyer are refunded. Interest for such payments is excluded. The buyer’s offer can be refused without stating reasons. In this case, REBELLE will inform the buyer of the non-acceptance of his or her offer via E-mail.
Provided that REBELLE is explicitly acting as a seller on its own behalf, the sales contract between REBELLE and the buyer is directly concluded with the acceptance of the offer in the form of a shipping confirmation sent via E-mail by REBELLE.
The buyer can find information about the current status of his or her purchases or offers in his or her user account.
The "Suggest price" function can be activated for some of the sales items offered on the REBELLE website. With the activation of the price proposal function, the potential buyer has the option of suggesting a new, lower purchase price without any commitment.
The potential buyer may not suggest a price lower than 50% of the fixed sales price. The potential buyer must indicate the price in Euro.
If a price proposal is accepted, this corresponds to an offer at the new purchase price for the respective potential buyer. The potential buyer then has 7 days to buy the item or to let the offer expire.
If a proposed price is not accepted or if the buyer does not receive a reaction to said proposal within 48 hours after submission thereof, the price proposal expires and the potential buyer is entitled to submit other price proposals.
During this entire period, the sales item remains available to other buyers at the original price on the REBELLE website.
4. Buyer’s right of cancellation after concluding a sales contract for a sales item
If the buyer is a consumer with usual residence in one of the member states of the EU and the seller is an entrepreneur, the buyer is entitled to a right of cancellation within the legal framework. In the event that the seller is also a consumer in terms of § 13 of the German Civil Code, the buyer is not entitled to a right of cancellation under applicable law.
The buyer’s right of cancellation corresponds to sales contracts for a sales item according to section 3 of these Terms and must be distinguished from the right cancellation pertaining to the submission of an offer to buy a sales item according to section 3.3 of these Terms, of which the buyer is separately informed directly prior to the submission of an offer.
The notification of cancellation must be sent to REBELLE as the representative of the seller with authority to conclude a contract according to section 1.6 of these Terms.
RIGHT TO RESCIND
You have the right to cancel this agreement within fourteen days without giving reasons.
The cancellation period is fourteen days from the date on which you or a third party designated by you, other than the carrier, take possession of the goods.
To exercise your right of cancellation, you must inform us, as the seller’s representative:
Bock X, 1. Boden rechts
of your decision to cancel this contract by means of an unequivocal statement. You can contact us (e.g. by means of a letter sent by post, via fax or E-mail), cancel the purchase via the return function in your user profile or use the enclosed sample cancellation form, which is however not compulsory.
To guarantee the cancellation period, it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
CONSEQUENCES OF CANCELLATION
If you cancel this contract, we must return all payments we received from you, including delivery costs (with the exception of additional costs arising from your choice of another type of delivery other than the low priced standard delivery we offer) immediately and within fourteen days, at the latest, as of the day on which we receive the notification of your cancellation of this contract. The refund will be processed using the same payment method used in the original transaction unless expressly agreed otherwise; in no instance will fees be charged for this refund. We may refuse to refund payments until we have received the goods again or until you have demonstrated that you have returned the goods, whatever is sooner.
You must return or hand over the goods promptly and in any case no later than fourteen days from the date on which you have informed us about the cancellation of this agreement. The deadline is guaranteed, if you send the goods before expiration of the fourteen day period. You must bear the direct costs of returning the goods. You will only be liable for any possible loss in value of the goods, if this loss in value is attributable to any handling that is not necessary for the testing of the quality, properties and function of the goods.
Sample cancellation form
(If you would like to cancel the contract, please fill out this form and return it to us.)
Bock X, 1. Boden rechts
- – I/we () hereby cancel the contract I/we () concluded for the purchase of the following goods ()/the provision of the following services () - ordered on ()/received on () - name of consumer(s) - address of consumer(s) - signature of consumer(s) (only for communication on paper) - date
(*) Delete as appropriate.
Professional sellers do not grant a right of cancellation for contracts concluded with consumers, who have their usual residence in a non-EU country unless the respectively applicable national laws stipulate this for the protection of the consumers.
5. Prices; payment terms; payment of the purchase price
All prices shown on the REBELLE website for a sales item are final prices in Euro including the respectively valid and applicable value added tax and excluding corresponding shipping costs. The respective prices specified in the terms and conditions in section 6 at the time of contract conclusion apply.
REBELLE currently offers the buyer the following methods of payment:
- Credit card (Visa/MasterCard)
The buyer can choose from the listed payment methods. REBELLE reserves the right to add other payment methods in the future or to refrain from using payment methods, which it currently offers. The buyer should note that depending on the payment method used, additional costs, which REBELLE cannot influence (e.g. credit card fees), can incur.
The billing for payment via credit card is carried out by:
HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l.
1, Place du Marché
R.C.S. Luxembourg B 144133
Dipl. Vw. Mirko Hüllemann
If a sales contract has been concluded between the buyer and the seller (represented by REBELLE), the buyer is obligated to pay the purchase price for the sales item. The purchase price is immediately due. The reservation for conditional payments rendered by the buyer prior to contract conclusion is deemed void after conclusion of the sales contract. A possible right of cancellation according to section 4 of these Terms remains unaffected.
Given that the seller’s claim against the buyer in regard to the purchase price of the sales item is assigned to REBELLE with the conclusion of the sales contract (cp. section 1.6 of these Terms), the buyer is entitled and obligated to solely render payments to REBELLE or to an individual designated by REBELLE. The method of payment chosen by the buyer (cp. section 5.2 of these Terms) defines the more detailed payment arrangements of the purchase price (plus shipping costs, cp. section 6.4 of these Terms). REBELLE uses the Heidelberger Payment GmbH, Gaisbergstraße 11-13, 69115 Heidelberg (“heidelpay”) for payment processing and does not accept direct payments from the buyer.
6. Shipment of the sales item; delivery periods; shipping costs; deliveries to a member state of the European Union
Some of the sale items are still in possession of the seller at the time a buyer offers to buy said sales item. The seller is immediately informed of the buyer’s offer to buy and is requested by REBELLE, to immediately send the sales item to REBELLE however, within five work days at the latest. Upon receipt of the sales item by REBELLE, REBELLE will first inspect said sales item prior to possibly accepting the buyer’s offer (whereby REBELLE acts as the seller’s representative). Therefore, delivery time at REBELLE can amount up to 21 days. If a sales item cannot be delivered to REBELLE within 21 work days after receipt of the offer to buy or was not delivered to REBELLE by the seller, REBELLE will reject the buyer’s offer via E-mail or inform the buyer via E-mail that the sales item has not yet been received. In the latter case, the buyer can decide whether or not he or she would like to commit to his or her offer for an additional 14 work days by notifying REBELLE via E-mail. If the buyer does not respond to REBELLE’s query whether or not the offer is to be maintained within three work days, REBELLE will then assume that the buyer is no longer interested in maintaining his or her offer to buy and a sales contract is not concluded. If a sales contract is not concluded, possible payments, which were already rendered for the sales item by the buyer, are immediately refunded.
Sales items, which REBELLE already has in stock, are marked separately with a “48h” label next to the product photograph on the REBELLE website. REBELLE sends these sales items to the seller within 48 hours after conclusion of the sales contract on work days.
The delivery times are shown in the respective sales item description and can amount to a maximum of 21 work days for sales items, which are not sent to REBELLE until after the submission of an offer (see section 6.1). After accepting an offer to buy a sales item, said sales item is shipped within the next work day after payment has been made. The respective buyer can view the current delivery status on the REBELLE website. Delivery time within Germany amounts to a max. of 7 work days. For deliveries to the following member states of the European Union, delivery time is up to 21 days. As a basic principle, the delivery of a sales item is only made to the delivery address indicated by the buyer in his or her user account. Deviations from said address must be stipulated separately with the StyleRemains GmbH.
The buyer must bear the separately shown shipping costs. Shipping costs for deliveries within Germany amount to EUR 6.90 and to delivery addresses within the European Union to EUR 15.90.
For deliveries of sales items on the part of the seller to REBELLE from a member state of the European Union or deliveries on the part of REBELLE to a buyer in a member state of the EU, the seller or rather buyer is responsible for observing the export and import regulations of the respectively concerned countries (e.g. for fur trimmings on the sales items or special types of leather). REBELLE does not assume any liability in this respect. The seller or rather buyer must obtain any official authorisations required for export or import in his or her name and at his or her own expense. Importing sales items into the respective country of destination can possibly lead to additional costs, fees or taxes, which must be borne by the seller or rather buyer. These costs cannot be deducted from the purchase price nor do they constitute a right of retention to the sales items.
7. Questions about an item
Registered users have the option of entering a text message (question about an item) on the page of a sales item on the REBELLE website. The question appears with the user name stored in the user account and if applicable, profile picture and is visible to anyone, who accesses this page. The user agrees that questions he or she makes can be published in another national language after being translated by a translation programme (e.g. Google Translate).
The function "Questions about an item" serves asking questions in regard to the sales item or answering these questions. The function may not be used to infringe on personal rights, copyrights, trademark rights or other third party rights, nor to insult, harass or threaten third parties or to publish comments/statements, which are anti-constitutional, obscene, immoral, political, ideological or glorify violence.
Furthermore, the function may not be used to advertise – even free of charge – for other telemedia and/or companies, to ask users to access other telemedia or to debase or disparage REBELLE and/or another company. The function may not be used for the buyer and seller to come to an agreement on purchasing the shown sales items outside of the REBELLE website.
REBELLE is not obliged to review the questions prior to or after being posted. However, REBELLE can remove or redact questions completely or partially at any time without prior notice or stating reasons as well as temporarily or permanently exclude users from being able to use the questions function.
If third parties assert claims against REBELLE on the grounds of a question being illegal or otherwise in connection with a question, the user of the user account from which the question was posted must immediately support REBELLE in regard to its legal defence and upon first request by REBELLE, indemnify REBELLE from all third party claims (e.g. legal expenses and claims for compensation). Further claims against the user by REBELLE remain unaffected.
The buyer can - without affecting his or her other rights (in particular regarding possible warranty claims against the seller) – also contact the following address in the event of complaints regarding sales items he or she purchased: email@example.com.
REBELLE will inform the respective seller of the complaints it received in his or her regard and ask the seller to respond accordingly. REBELLE will inform the buyer of the seller’s response. If an understanding between the buyer and seller cannot be reached in this manner, REBELLE can also, with the agreement of the buyer and seller, suggest a reduced purchase price and ask the buyer and seller to agree to this reduced purchase price. If the buyer and seller agree to the reduced purchase price, any already overpaid difference will be refunded to the buyer.
9. Warranty; statute of limitations; liability
REBELLE does not grant any warranty for defects for sales items sold by REBELLE for a seller. The respective seller is solely responsible in this respect. Furthermore, REBELLE does not issue any guarantees.
As a basic principle, there is no warranty claim if the buyer as well as the seller are consumers, unless the seller fraudulently failed to disclose defects.
If the buyer is a consumer, the warranty for defects in the case of new merchandise from sellers acting in a professional capacity is two years as of receipt of the merchandise, for second hand merchandise, one year as of receipt of the merchandise.
If the buyer is an entrepreneur, the warranty for defects in the case of new merchandise is one year as of receipt of the merchandise; second hand merchandise is excluded from any warranty. The entrepreneur acting as a buyer is obligated to claim apparent defects of the delivered sales items from the seller (or REBELLE as the seller’s receiving agent) within a time limit of two weeks as of receipt of the sales item; the assertion of a warranty claim is otherwise excluded. Punctual notification or dispatch suffices, to comply with the time limit. This does not affect manufacturer warranties.
If and insofar as REBELLE inspects sales items as to whether or not they are originals or fakes, REBELLE will perform this task diligently in the form of an external visual inspection using appropriately trained personnel. REBELLE does not owe any other measures. REBELLE expressly indicates that especially elaborate fakes can only be distinguished from the respective brand-name product with considerable efforts and therefore, be recognised as fakes. Therefore, REBELLE does not assume any liability in regard to the sales item actually being original merchandise or a brand-name product. The inspection by REBELLE does not lead to the user being able to assert any liability claims against REBELLE; the inspection is not a task in line with a contract with protective effect or for the benefit of third parties.
REBELLE does not assume any liability for external content or links to other telemedia on the REBELLE website.
If REBELLE is acting as a seller on its own behalf, the buyer’s warranty claims are against REBELLE in accordance with statutory provisions.
REBELLE is liable to the user as follows:
- for damages resulting from loss of life, physical injuries or damage to health and for damages based on an intentional or grossly negligent breach of duty by REBELLE or its legal representatives or vicarious agents, without limitations in accordance with the statutory provisions;
- for the loss of or damage to sales items sent to the buyer by REBELLE; furthermore, limited to 5,000 EUR per sales item; if the buyer chooses a higher insurance sum by explicitly notifying REBELLE, liability by REBELLE is limited to the respectively chosen insurance sum in the event of a claim;
- in all other cases, solely in the event of a culpable breach of essential contractual obligations, which require to be fulfilled, in order to meet the purpose of the contract and therefore, which the seller should have been able to rely on and also only for foreseeable damages typical for the contract.
Compulsory provisions regarding consumer protection in the country in which the consumer has his or her main residence at the time of contract conclusion remain unaffected.
10. Cancellation rights
The general use of the REBELLE website is stipulated indefinitely and can be cancelled by the user at any time in writing. Cancellations must be sent to: StyleRemains GmbH, Brooktorkai 4, 20457 Hamburg. If a user cancels the use of the REBELLE website, REBELLE will immediately delete the respective user profile. At the time of cancellation, the cancellation of use does not affect the user’s duties, which already arose prior to cancellation of use regarding concluded or initiated sales contracts pertaining to a sales item (e.g. the buyer’s obligation to already submitted offers to buy).
REBELLE has the right to an extraordinary notice of cancellation for the user’s use of the REBELLE website at any time for cause. In particular, cause for REBELLE applies to:
- The attempt of selling fakes or otherwise infringing merchandise via the REBELLE website,
- the attempt of selling merchandise belonging to third parties without authorisation via the REBELLE website,
- the attempt of selling pornographic, racist, inciting, anti-constitutional logos or labels of unconstitutional and/or otherwise illegal organisations,
- the attempt to sell or have sales items sold and/or buy or have sales items bought, which have already been listed on the REBELLE website, by circumventing REBELLE,
- the misuse of the communication options on the REBELLE website, to insult, harass or threaten third parties, to distribute immoral, obscene, political or ideological information or information, which glorifies violence or endangers adolescents,
- the breach of essential contractual obligations in line with the use of the REBELLE website to REBELLE and/or other users,
- REBELLE shuts down the REBELLE website, significantly alters its orientation or significantly limits its functionality.
Section 11 of these Terms remains unaffected.
11. Blocking and limitation
On the basis of justifiable interest, REBELLE reserves the right to block or limit the user’s user account and/or selected or all sales items, e.g. in the event of suspected fraud or another breach of these Terms, without prior warning, temporarily or indefinitely and in doing so, to completely or partially exclude the user’s further use of the REBELLE website.
REBELLE has the right to limit access to the REBELLE website, completely or partially, temporarily or permanently for individual users or in general or to shut down the REBELLE website at any time. This particularly applies to cases of improper use of the REBELLE website by a user, as a defence against malware and other dangerous instruments (e.g. Trojans, viruses) as well as for the protection of its own interests.
REBELLE reserves the right to charge the user the costs resulting from a blocking/limitation as well as an unblocking, for which the seller is responsible. The amount of these costs is calculated at equitable discretion taking the actual expense into particular consideration (§ 315 of the German Civil Code). The user is at liberty to prove that REBELLE actually incurred no or lesser costs.
12. Rights of use
The user transfers a non-exclusive, at any time revocable, free, unlimited, worldwide, sub licensable right of use for the use of the contents on but not limited to the REBELLE website to REBELLE for the contents (such as product photographs/item photographs, item descriptions, profile pictures, comments, etc.) posted by the user. In particular, the right of use includes the right of making contents publicly available on mobile and stationary end devices, the right of reproduction, the right of distribution as well as the right of broadcasting.
13. Operation and availability
The REBELLE website is operated and maintained by REBELLE.
REBELLE will strive to make the REBELLE website available to the users as well as the public with an annual availability average of 95%. Downtimes, which are used for the improvement, redesign and/or optimisation of the REBELLE website (e.g. software updates, improvement of security, redesign or optimisation of the content and presentation) and technical measures (e.g. server maintenance) are not taken into account for the aforementioned annual average.
The user is not entitled to REBELLE making the REBELLE website available at all times and/or without any alterations.
14. Amendment of the Terms
REBELLE reserves the right to amend non-essential provisions of these Terms without stating reasons. The user will receive the amended provisions via E-mail two weeks, at the latest, prior to their coming into effect or be able to view them on the REBELLE website. If a user does not object to the validity of the amended Terms within two weeks after receiving the E-mail, the amended Terms are deemed accepted. REBELLE will specifically indicate the significance of failing to object in the E-mail, which contains the amended Terms and highlights the amendments.
15. Data privacy
16. Information regarding distance selling contracts and e-commerce contracts
16.1 Identity/representatives/address for service/operator’s own contents:
Fax: +49 40 30 70 19 29
represented by the Managing Directors Sophie-Cécile Wickmann and Max Laurent Schönemann
Registered at the Commercial Registry at the District Court of Hamburg, commercial registry number (HRB) 126796 VAT-ID no.: DE288553059
Responsible for own contents of the StyleRemains GmbH according to § 55 of the Interstate Broadcasting Agreement (RStV): Sophie-Cécile Wickmann
For all links to other websites on the Internet, the StyleRemains GmbH expressly declares that it has no influence on the design or contents of the said linked websites. Therefore, the StyleRemains GmbH hereby explicitly distances itself from all contents of all linked third-party websites on www.rebelle.com. The StyleRemains GmbH does not adopt such contents as its own and does not assume any liability or guarantee for these third-party contents.
16.2 Right of cancellation
There is a right of cancellation according to section 4 of the General Terms and Conditions of the StyleRemains GmbH for the REBELLE website for users, who are consumers in terms of § 13 of the German Civil Code.
16.3 Terms and Conditions
You can find the General Terms and Conditions of the StyleRemains GmbH for the REBELLE website and the Special Terms and Conditions of the StyleRemains GmbH for the REBELLE website – For Sellers here.
16.4 Storage of the wording
The notification of the user regarding the receipt of an offer to conclude a contract contains the wording of the contract including a link to the respectively valid terms and conditions. The wording of the contract is stored internally by the StyleRemains GmbH for a limited time and for reasons of security, is no longer accessible via the Internet after contract conclusion. Provisions pertaining to tax law as well as commercial law remain unaffected by sentence 2.
17. Contract language, applicable law and jurisdiction
The contractual language is German. However, REBELLE provides the contents of the website in English as well. Should any obscurities, doubts or disagreements or the like arise during the contract period or at a later point in time regarding the legal interpretation or application of these provisions, in cases of doubt, the German version of the General Terms and Conditions of the StyleRemains GmbH for the REBELLE website is regarded binding in terms of the law. Therefore, no liability is assumed for the English version.
German law applies to all legal relations and disputes between REBELLE and a user resulting from and in conjunction with the use of the REBELLE website, who has his or her usual or main residence in a member state of the EU at the time of contract conclusion. German law applies to consumers with their main residence in a non-EU country excluding the German consumer protection laws.
Irrespective of this applicable law, the compulsory consumer protection laws of the country in which the consumer has his or her main residence at the time of contract conclusion also always applies to the consumers.
Place of jurisdiction for all disputes resulting from or based on this contractual relationship is the business location of the StyleRemains GmbH in Hamburg, insofar as the buyer is a merchant or does not have a place of general jurisdiction in Germany. However, the StyleRemains GmbH can also choose to bring action against a user at his or her place of general jurisdiction.
In the event that a provision or parts of a provision of these Terms is/are ineffective, all other provisions or parts of the provision remain unaffected therefrom.
REBELLE can transfer all duties and rights, completely and partially, resulting from the contract with the user to a third party. REBELLE will inform the user of this in due time and in advance. The user can object to this transfer for legitimate reasons within 14 work days as of receipt of the information.
The European Commission provides a platform for online dispute resolution (ODR). You can reach this platform on http://ec.europa.eu/consumers/odr/.
Last revised: January 27th 2016