Special Terms and Conditions for the use of the services of the StyleRemains GmbH – For Sellers
StyleRemains GmbH, hereafter known as: 'REBELLE'
represented by its Managing Directors Sophie-Cécile Wickmann and Max Laurent Schönemann,
commercial registry number (HRB) 126796 – District Court of Hamburg (“REBELLE”).
These Seller Terms govern the particulars of commissioning REBELLE in conjunction with offering, marketing and selling second hand designer fashion. In the event of any conflicts between the Terms and these Seller Terms, the latter take precedence. Deviating and/or additional other 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.
1. Type of seller
Insofar as a seller is referred to in the following, this concerns a user, who authorises REBELLE to offer, market and sell the intended sales item. REBELLE offers its services to both commercial and private sellers.
Upon creating a user account, the user must disclose information in accordance with the facts regarding whether he or she is operating as a commercial seller, i.e. as an entrepreneur in terms of § 14 of the German Civil Code or as a private seller. At the same time, this business status can also be solely based on the frequency of sales, without the need of further requirements. The user assumes liability for the legal classification and the resulting legal consequences.
Insofar as the user has indicated that he or she is acting as a commercial seller, REBELLE will, as the seller’s representative, grant the respective buyer a statutory right of cancellation in the name of the user. The user acting as a seller hereby authorises REBELLE accordingly. Furthermore, private buyers are entitled to warranty claims according to the statutory provisions against sellers operating in a commercial capacity. The buyer’s cancellation and warranty rights are solely against the seller.
2. General provisions
By means of the sales order, the seller authorises REBELLE to find potential buyers for the respective sales item and to sell it primarily via the REBELLE website on behalf of the seller and in compliance with these Seller Terms and the Terms. At the same time, a sales contract concluded between the seller and buyer on the basis of the sales order must comply with the requirements resulting from the Seller Terms and the Terms.
Only original merchandise is permitted to be sold as sales items via the REBELLE website. Said sales items must be products for women in the area of garments, shoes, bags, accessories or jewellery, whereby sales items from the brands in the Brands List provided by REBELLE, are preferred. The respective sales item must be unsoiled and have been cleaned as well as be in mint, very good or good condition. Sale items with severe traces of use, stains, holes, odours or other damage are not permitted as sales items.
The seller ensures (subject to sentence 2) that all sales items he or she offers for sale and to be sold by REBELLE are his or her sole property as well as free of third-party rights, do not represent fakes (“knock-offs”) or other infringing merchandise and correspond to the sales item information he or she provided. The listing of sales items as a commission agent for a third party is only permitted if the seller ensures that the third party is the owner, the third party explicitly agreed to the sale via REBELLE and the seller was authorised by the third party to transfer the sales item to the buyer.
If the seller has placed a sales contract with REBELLE, the seller will not simultaneously offer the respectively listed sales item outside the sales offers initiated by REBELLE on his or her own or through a third party.
The seller must access his or her user account on a regular basis and answer any questions or messages from REBELLE.
For each sales order, the seller must choose whether he or she would like to use the “Concierge Service” (sales channel A, see section 3 below) or the sales form (sales channel B, see section 4 below). If the seller chooses the sales form, he or she is responsible for the accuracy of all sales item information to be made or made, the description, the size/dimensions as well as the production of detailed photographs and retains the ownership of the sales item (provided that the seller is not permissibly acting on behalf of a third party, who/which is the owner) until said sales item was sold via REBELLE and transferred to the buyer.
REBELLE, as the seller’s representative, determines the sales price at its own discretion taking the market situation into account and at the same time, REBELLE will attempt to achieve the highest possible sales price. However, the seller can indicate his or her asking price in the applicable sales form. REBELLE is obligated not to reduce the sales price by more than 10% of the seller’s asking price when determining and negotiating the sales price with potential buyers without having consulted with the seller beforehand. However, REBELLE has the right not to list or depict sales items on the REBELLE website or via other sales channels for which it deems the asking price significantly overpriced and to reject the seller’s order to sell the sales item or to mutually determine a new sales price with the seller. In the latter case, REBELLE will contact the seller by email, to agree on and determine a new price if necessary. If the seller does not react to this price agreement within three weeks, REBELLE reserves the right to offer the item for sale after the expiry of the aforementioned period with the price proposed by REBELLE.
The 'Suggest price' function is optional and enables the buyer to suggest a new, lower purchase price according to the requirements in section 3.6 of the Terms. REBELLE reserves the right to decide on whether or not to accept the suggested price if the suggested price is not more than 10% lower than the seller’s asking price according to the provision in section 2.7. If a suggested price is more than 10% lower than the seller’s asking price, REBELLE will consult with the seller before REBELLE accepts a suggested price.
REBELLE and the seller can impose a “sale function” with the use of which the originally determined sales price can still be subsequently reduced. Items which have been reduced by 5% or more and items with a selling price of less than 200 EUR which have been at least 10 EUR reduced, will be listed in a seperate 'sale' category for 60 days. The “sale function” can also be used by REBELLE if the reduced sales price is not more than 10% lower than the seller’s asking price according to the provision in section 2.7. The seller can choose the 'sale function' at any time, presupposed that the reduced price is not below 40 EUR.
REBELLE and the seller can impose a 'Flash-Sale', to raise the sales opportunities of certain items. By agreeing to the flash sale in the user profile, the seller consents that the selected items may be offered in the 'Flah Sale' catergory with a reduced price of up to 70% for seven days. As a requirement for the flash sale, the selected items need to be for sale with the selling method A at REBELLE, for more than 12 months. The participation in the flash sale is not guaranteed by the registration; the item joins a pool, from which REBELLE makes weekly selections. There is no guarantee of saleability for items in the Flash Sale. When items are being offered in the flash sale, they are not available for sale in the regular online shop of REBELLE. At the end of the seven day period, in the case of the item not being sold, the item will be added to the usual sale category, stated in section 2.0, at the latest price offered in the flash sale. The concierge fee will still be waived after expiration of the flash sale. For a final price in the flash sale below 40 EUR, the sales price will be set back to a minimum of 40 EUR after the flash sale expiration.
The seller must immediately inform REBELLE via E-mail at email@example.com of all changes regarding the sales item; in particular, this applies to changes in its condition or properties and in the event that the sales item has been lost or third party rights to the item for sale have been established or claimed. If the seller informs REBELLE of such changes, REBELLE has the right not to proceed in carrying out the seller’s sales order and is also entitled to remove the respective sales item from the presentation on the REBELLE website. If the seller chose the sales method B, he also has the possibility to remove the item directly from the website in his or her user-profile.
REBELLE is not liable for unsolicited sales items or other merchandise it receives and can refuse to accept such sales items or merchandise or return them to the sender freight collect. Explicitly note section 9.7 of the Terms.
When the seller sends a sales item to REBELLE, the seller bears the risk of loss, damage or other detriment of said sales item until the sales item is received by REBELLE; – this is regardless of whether or not REBELLE sends or forwards the seller a delivery note, an address label or other useful objects for the shipment and/or procures shipping insurance or not.
3. Sales method A 'Concierge Service'
The use of the 'Concierge Service' from REBELLE is primarily available to the seller. In the case of this offer from REBELLE, the seller indicates designation and asking price in regard to the sales item in the 'Sell with concierge service' section and then sends the sales item to REBELLE using the provided dispatch note. After receiving the sales item, REBELLE takes care of the presentation of the sales item, in particular for the REBELLE website including a detailed description and the production of photographs.
Entering the description of a sales item using the “concierge service” is deemed to be a binding sales order from the seller to REBELLE, which REBELLE accepts by means of a confirmation email or by activating the sales item, particularly on the REBELLE website (in the latter case, the seller forgoes receiving a separate declaration of intent for the acceptance of the sales order from REBELLE). REBELLE reserves the right to refuse, terminate or cancel the sales item and the sales order associated with it at any time and without stating reasons. In the event of a refusal/termination/cancellation of a sales order, REBELLE will inform the seller thereof via email and if necessary, return the respective sales item to the seller at the expense of the seller. At the request of the seller, the sales item can, instead of being returned, be donated to a charitable cause by REBELLE, whereby it is at the discretion of REBELLE, which non-profit organisation the sales item is donated to.
The seller must first enter the designation and price of the respective sales item into the “Sell with concierge service” section. The seller also has the possibility to leave the pricing to REBELLE, whereby the seller grants REBELLE the right to offer the item for sale at the price REBELLE deems appropriate. The seller then receives a non-binding confirmation for the sale of the designated sales item as well as a dispatch note. By using this dispatch note, the seller must promptly send the respective sales item to REBELLE. The seller is obligated to provide for adequate packaging, which protects the sales item against moisture, soiling and minor impacts. Fragile or sensitive sales items must be provided with special protective packaging.
REBELLE inspects the respective sales item after receipt thereof and can reject the seller’s sales order based on all or merely individual sales items received.
The accepted sale items are photographed by REBELLE and described in detail for the purpose of sale via the REBELLE website.
REBELLE will present the sales item accepted by REBELLE on the REBELLE website for the purpose of sale using the sales item information and the photograph(s) and make it publicly accessible, in particular for offers from buyers. REBELLE reserves the right to use information such as the description and photographs of the items even after this period for marketing purposes.
REBELLE can also solicit the sales item outside the REBELLE website however, is not obligated to do so. REBELLE is also permitted to use the sales item including the sales item information and product photographs in line with promotional measures for the REBELLE website.
In the case of the buyer making an offer to buy a sales item accepted by REBELLE, REBELLE will accept the buyer's offer on behalf of the seller and send the packaged sales item to the buyer. In the process, the packaging can include REBELLE's own labels, logos as well as other indications. They buyer bears the cost of shipment.
REBELLE bears the shipping costs incurred for sales items, which were not accepted by REBELLE if the sales item complies with REBELLE’s sales regulations (i.e. the requirements defined in section 2.2 of these Seller Terms). In all other cases, in particular regarding defective or unsolicited items, fakes (“knock-offs”), soiled items, etc., the seller must bear the shipping costs incurred for return shipment.
If a sales item has not been sold twelve months after placing a sales order with REBELLE, REBELLE can delete the item without requiring a separate statement from the seller or REBELLE. In this case, the sales order automatically expires. REBELLE will only return the sales item to the seller after the expiration of the sales order pursuant to sentence 2 insofar as the seller’s main residence/business location is located within Germany or after consulting with the seller and obtaining his or her consent, continue to offer the sales item on the REBELLE website (whereby the seller is not entitled to REBELLE offering the sales item on the REBELLE website again). After consultation with the seller, the articles may also be used for a charitable purpose, whereby it is at the discretion of REBELLE, which non-profit organisation the sales item is donated to.
If the seller has not reduced the price within 8 months after the conclusion of the sales order, the seller will be charged a processing fee of 15 EUR for the return shipment after 12 months. Section 9.1 remains unaffected.
Via a cooperation, which REBELLE entertains with the children’s charity Plan International Deutschland e.V. (in the following Plan International), private sellers may donate the sales proceeds of individual items to charitable projects of Plan International. Sellers may choose this option via a checkbox in the seller form. In this case, REBELLE will donate its commission (see section 9) and one-time service charge (see section 10) after applicable VAT charges to Plan International. Plan International has assured REBELLE that it will issue donation receipts at the end of each calendar year to all donating sellers; the seller agrees that REBELLE may pass on the seller’s personal data to Plan International for this purpose. REBELLE reserves the right to reject certain brands, materials or product features on the request of Plan International.
4. Sales method B 'Sell on your own'
Furthermore, the seller can use the available sales form, to commission REBELLE. For this purpose, the seller enters all relevant information regarding the sales item into the sales form and sends said form to REBELLE. The seller has the possibility to enter a desired price himself or to take over the price suggested by REBELLE. For the time being, the sales item remains in the seller’s possession. The marketing of the sales item and the presentation, in particular on the REBELLE website, are based on the information in the sales form. The seller does not send the sales item to REBELLE until an offer to buy has been submitted.
Sending the sales form to REBELLE is deemed to be a binding sales order from the seller to REBELLE, which REBELLE accepts by means of a confirmation email or by activating the sales item on the REBELLE website (in the latter case, the seller forgoes receiving a separate declaration of intent for the acceptance of the sales order from REBELLE). REBELLE reserves the right to refuse, terminate or cancel the sales item and the sales order associated with it at any time and without stating reasons. In the event of a refusal/termination/cancellation of a sales order, REBELLE will inform the seller thereof via email.
The seller must enter the description of the sales item into the sales form provided by REBELLE by him- or herself and according to the facts and upload three to five photographs, at most, of the sales item (“product photographs”). REBELLE can - but is not obligated to - edit the sales item information and the product photographs in an editorial or artistic manner if necessary, in particular, to induce the best possible presentation of the sales item and in doing so, increase the chances of sale. REBELLE can also request new photographs from the seller in the case of insufficient image quality. In this case, the seller is obligated to immediately provide REBELLE with new photographs.
The seller assigns the rights of use for the product photographs and texts provided by the seller as part of sales method B - 'sell on your own' to REBELLE. REBELLE will use these product images and texts for promotional purposes for the sales items, REBELLE and / or the REBELLE website. In addition, product images and texts of buyers can be used by REBELLE in the event of reselling, defined in User Terms 4.4 and 4.5.
The seller ensures that he or she has the rights required to fulfil this contract regarding all texts and product photographs made available to REBELLE. REBELLE has the right to edit all the seller’s texts and product photographs prior to including them in its product range. The seller’s uploaded photographs of the sales item must depict the current condition of the sales item and may not mislead potential buyers in regard to the properties, condition or shortcomings of the merchandise. Furthermore, the photographs of the sales item may only show the sale item itself and in particular, may not include any persons.
REBELLE will then present the sales item for the purpose of sale using the sales item information and product photographs, in particular on the REBELLE website, and make it publicly accessible, in particular for offers from buyers. REBELLE is entitled to keep the sales item on the REBELLE website using the sales item information and the product photographs even after the sale thereof for the duration of three months with the reference “sold” - in this respect, the previously granted rights of use continue to be effective during this time.
REBELLE can also solicit the sales item outside the REBELLE website however, is not obligated to do so. REBELLE is also permitted to use the sales item including the sales item information and product photographs in line with promotional measures for the REBELLE website.
In the event an offer is made by a buyer, REBELLE will immediately inform the seller via email, request the seller to send the sales item and after inspecting the sent sales item, accept the buyer’s offer on behalf of the seller, provided that REBELLE receives the sales item within five work days after the notification of the buyer’s offer and it complies with the seller’s information in the sales form. The seller must immediately send the sales item to REBELLE after receipt of the notification however, within three work days at the latest. Provided that the sales item is shipped from a domestic place of dispatch by the seller to REBELLE, REBELLE bears the costs for standard shipment customary in the market. If the sales item is sent from a place of dispatch in another member State of the European Union to REBELLE, REBELLE reservers the right to charge the shipping costs. The seller is obligated to provide for adequate packaging of the sales item, which protects the sales item against moisture, soiling and minor impacts. Fragile or sensitive sales items must be provided with special protective packaging.
After inspecting the sales item received and a positive assessment of compliance with the seller’s information regarding the sales item and provided that the sales item is not defective, significantly soiled or otherwise decisively limited, REBELLE will accept the buyer’s offer on behalf of the seller and send the packaged sales item to the buyer. In the process, the packaging can include REBELLE’s own labels, logos or other indications. The buyer bears the cost of shipment.
For returns of products rejected by REBELLE from Germany as well as from other member State of the European Union, REBELLE reserves the right to charge the shipping costs incurred.
If a sales item has not been sold twelve months after placing a sales order with REBELLE, REBELLE can delete the item without requiring a separate statement from the seller or REBELLE. In this case, the sales order automatically expires. After consulting with the seller and obtaining his or her consent, REBELLE can offer the sales item on the REBELLE website again (whereby the seller is not entitled to REBELLE offering the sales item on the REBELLE website again).
5. Inspection of sales items
REBELLE inspects whether or not the sales item it received complies with the sales item information provided by the seller and in the case of sales channel B, also with the transmitted product photographs and whether or not it is a matter of original merchandise or a fake. In this respect, REBELLE is merely obligated to conduct an external visual inspection of the sales item using appropriately trained personnel. There is no obligation for any other measures. If REBELLE activates a sales item for sale, possible claims by REBELLE and the buyer (in particular, damage or warranty claims) against the seller remain unaffected therefrom. Explicitly note item no. 9.4 of the Terms.
The seller undertakes to provide REBELLE with all information at his or her disposal according to the facts and which is relevant for the inspection of the sales item (e.g. purchase from a private individual or street vendor) and not to withhold any relevant information from REBELLE (e.g. unknown origin of the item).
If the sales item does not comply with the sales item information or in the case of sales channel B, does not comply with the transmitted product photographs, REBELLE reserves the right to return the sales item to the seller at the seller’s risk and expense. REBELLE can make return shipment dependent on an advance payment by the seller.
If the sales item is a fake, REBELLE reserves the right to return the sales item to the seller at the seller’s risk and expense. REBELLE can make return shipment dependent on an advance payment by the seller.
In case of plagiarism, REBELLE charges a processing fee of 60 EUR for items with a selling price of 500 EUR. If items have a selling price higher than 500 EUR, REBELLE charges a processing fee of 120 EUR.
If third party rights are asserted in the event of a fake, which obligate REBELLE to surrender the sales item, return shipment is not possible and therefore, also not owed by REBELLE. A claim for damages on the part of the seller of fake merchandise against REBELLE is excluded.
6. Seller authorisations / Assignment of claim for purchase price
The sales order placed with REBELLE includes all efforts at the discretion of REBELLE to obtain the highest possible selling price and to handle the sale on behalf of the seller, for example by an appealing presentation of the sales items, the promotion of sales offers, the offer of price campaigns and, if applicable, the customs clearance. For marketing and pricing, REBELLE is bound to the regulations of Section 2.7 of these Seller Terms. In case of a sale to buyers in countries where a customs declaration is required, the seller authorizes REBELLE to provide the necessary export declarations as an exporter and consignor and to handle all customs related matters.
In the event of special offers at REBELLE, the maximum amount of discount to be achieved by REBELLE on its own responsibility, can be up to a maximum of 10% (see section 2.7) which shall be deducted from the sales proceeds of the seller (except the discounts have been permitted in consultation or at the request of the seller); discounts that exceed 10% will be borne by REBELLE.
The seller authorises REBELLE to execute and accept declarations of intent on behalf of the seller in line and in conjunction with a sales contract in regard to the respective sales item and to make statements and carry out actions required for contract performance and settlement. In particular, this applies to the acceptance of the buyer’s offer as well as the receipt of the buyer’s cancellation notice.
The seller has the right to revoke authorisations granted to REBELLE in these Seller Terms at any time in writing without stating reasons. An email to firstname.lastname@example.org constitutes the written form. If the cancellation is not sent electronically to the aforementioned email address, it must be addressed to:
The cancellation becomes effective upon receipt by REBELLE.
The seller hereby authorises REBELLE to conclude a sales contract in his or her name pertaining to the seller’s purchase price claim, which exists between buyer and seller, with REBELLE. In this respect, the seller hereby exempts REBELLE from the restriction of § 181 of the German Civil Code, which prohibits carrying out a legal transaction on behalf of the seller with itself on its own behalf or as a representative of a third party. The sales contract is concluded – without another explicit statement to the seller and/or REBELLE being required - with REBELLE’s acceptance of a buyer’s offer to buy a sales item (acting as the seller’s representative) and applies to the respective purchase price stipulated in the sales contract for the sales item between REBLLE (acting as the seller’s representative) and the buyer minus the commission according to section 10 and additional costs according to section 11.
The seller hereby assigns the purchase price claim against the buyer to REBELLE based on the sales contract concluded between the seller represented by REBELLE and the buyer according to section 1.6 of the Terms and 6.4 of these Seller Terms; REBELLE accepts the assignment. REBELLE pays the seller the claim (purchase price claim against the buyer) as a purchase price of the claim minus a discount amounting to 3% of the sales price. This does not constitute the conclusion of a master agreement for the regular purchase of receivables by REBELLE. The sale of the receivable and the assignment are carried out without recourse, i.e. REBELLE is not entitled to assert possible non-payments or reduced payments by the buyer against the seller or to reduce the purchase price on the account of the buyer’s lack of creditworthiness (with the exception of the commission according to section 10 and additional costs according to section 11); REBELLE bears the seller’s non-payment risk. The seller is liable towards REBELLE for the viability of the purchase price claim. If a buyer cancels a sales contract concluded between the buyer and seller (represented by REBELLE) based on a granted or statutory right of cancellation, the sales contract regarding the purchase price claim also expires retroactively. Possible payments, which were already rendered by REBELLE to the seller based on the sales contract in connection with the purchase price claim, must be immediately refunded to REBELLE by the seller into the account indicated by REBELLE.
7. REBELLE’s option to buy
REBELLE can also present itself directly and independently as the buyer of the sales item sent by the seller or designated for sale. For this purpose, REBELLE acquires the sales item for the asking price indicated by the seller in the sales form pursuant to section 2.7 sentence 2, which is deemed to be the binding purchase price (“own-name transaction”). In this respect, REBELLE is exempt from the prohibition against self-contracting according to § 181 of the German Civil Code. In this case, the sales contract for the sales item is concluded between the seller and REBELLE. REBELLE will inform the seller of the own-name transaction and the conclusion of a corresponding sales contract between the seller and REBELLE via email.
In the case of the aforementioned own-name transaction, REBELLE is also entitled to deduct the commission according to section 10 and possible additional costs according to section 11 from the indicated purchase price and to merely transfer the net purchase price (sales price without commission and additional costs) into the account specified by the seller. Therefore, in the event of an own-name transaction the seller is placed in the same financial position by REBELLE as he or she would have been if a third party had made an offer for the sales item and REBELLE had accepted said offer as the seller’s representative.
8. Default of sales contract
REBELLE merely brokers the sales contract between the buyer and seller and concludes said contract with the buyer on behalf of the seller. REBELLE itself is not a contracting party to the sales contract (except in the event of an own-name transaction according to section 7.1 of these Seller Terms).
If, in REBELLE’s opinion, the sales item is a fake or otherwise infringing merchandise, REBELLE has the right to notify the alleged rights holder and/or law enforcement agencies and disclose the seller’s identity. Furthermore, REBELLE has the right to inform the buyer that the sales contract in conjunction with this sales item designated for sale cannot be concluded. The same applies in the event that the sales item was not the sole property of the seller or the seller is not acting based on an appropriate authorisation from the owner and the (co-)owner did not authorise the seller to sell the sales item.
If the seller does not send the sales item to REBELLE upon request by REBELLE, does not send said sales item as owed to REBELLE or does not send said sales item to REBELLE in due time when using sales channel B according to section 4, REBELLE has the right to inform the buyer that there is non-performance on behalf of the seller towards REBELLE regarding the sales item and that a sales contract cannot be concluded between the buyer and the seller (represented by REBELLE) regarding the sales item. Further buyer’s claims against the seller remain unaffected.
The provision in section 8.3 applies accordingly in the event that the condition of the sales item sent to REBELLE by the seller deviates from the sales item information or, if applicable, the product photograph (e.g. regarding size, designer, type of merchandise, condition, etc.).
In the event of a cancellation by the buyer or any other admissible return, REBELLE can, at its own discretion and in line with an existing authorisation from the seller, either offer the sales item again, in particular on the REBELLE website, to obtain an offer from another buyer or terminate the sales order. REBELLE will notify the seller accordingly via email.
The seller is obliged in all cases in which, in accordance with the above provisions a sales order is not concluded after the sending of an item or it has been expired by any termination or other reasons, to withdraw the concerning article (s).
In such cases, REBELLE will return the item(s) to the address provided by the seller. REBELLE reserves the right to charge the shipping cost of the return, in the event an item does not comply with REBELLE's sales guidelines (i.e., the requirements described in section 2.2 of these Seller Terms and Conditions).
REBELLE will inform the seller about the upcoming return.
If one or more items can not be delivered to the address provided by the seller and also on written request from the seller no addressable address will be communicated within 4 weeks and / or the item(s) can not be successfully delivered in case of a new delivery attempt after expiration of these 4 weeks, the item(s) become(s) the property of REBELLE.
10. REBELLE’s commission
The seller owes REBELLE a commission for each brokered sales contract or for each sales contract concluded on behalf of the seller. The commission is also owed if REBELLE buys a sales item from the seller itself (own-name transaction according to section 7.1).
Excluded are items that have been reinstated within seven days after receiving the order via the profile function 'Resell item' (Reselling according to section 4.5 of the user-terms).
The full amount of the commission is due upon conclusion of the sales contract. The amount of commission depends on the amount of the sales price and is calculated according to the [following table]https://rebelleeng.helpscoutdocs.com/article/387-sales-commission-sales-proceeds.
REBELLE is still entitled to the full commission if the sales contract is not executed in its entirety or merely partially for reasons the seller is responsible for. Reasons attributable to the seller’s range of responsibility are, in particular, a worsening of the condition of the sales item prior to receipt by REBELLE, a deviation of the actual properties of the sales item from the description provided by the seller regarding the sales item or if applicable, the product photographs as well as the improper, incomplete or non receipt of the sales item by REBELLE.
Possible separately charged fees agreed upon with the seller remain unaffected by the preceding right to commission and must be paid additionally by the seller.
11. Additional costs
When using the “Concierge Service”, the seller owes REBELLE a one-time service charge amounting to 15 EUR per sales item. This one-time service charge must also be paid in the event that the seller claims the items back within 12 months. If sales items, which were listed on the REBELLE website for twelve months, are not sold, the seller has the right to claim the items back, the fee amounting to 15 EUR is not charged.(Section 9.1 remains unaffected).
In addition to the costs for a possible return shipment according to section 5.3 of these provisions, REBELLE also reserves the right to charge amounting to 30 EUR per sales item or merchandise for unsolicited sales items or merchandise sent to REBELLE and/or the shipment of sales items, which do not comply with the provisions according to section 2.2 and section 2.3.
The submitted articles will only be returned to the seller after full settlement or payment.
For plagiarism with a selling price up to 500 EUR, a processing fee of 60 EUR will be charged, for plagiarism with a selling price over 501 EUR, a processing fee of 120 EUR will be charged.
12. Billing and payment
REBELLE will transfer the purchase price agreed upon with the seller for the sold and assigned purchase price claim (i.e. the purchase price for the sales item minus the commission according to section 10 and any additional costs according to section 11 ('net purchase price')) into the bank account specified by the seller and issue a respective statement for the seller.
The payment of the net purchase price to the seller is carried out within two weeks, starting from the assignment of the purchase price. REBELLE does not owe interest for the period between the purchase of the receivable and payment of the net purchase price.
REBELLE is entitled to offset seller’s claims against its own claims outside of or in conjunction with the purchase of the receivable. Furthermore, REBELLE has a right of retention in the case of outstanding claims against the seller.
13. Liability and exemption
The user is liable to REBELLE without any limitation in accordance with legal requirements.
Furthermore, the user must indemnify REBELLE from all third party claims, which are asserted with the pretension that a sales item, which the seller authorised REBELLE to sell,
infringes on third party rights, in particular third party trademark rights, design rights or copyrights,
is not the sole property of the seller and/or is not free of third party rights,
is defective and/or does not comply with the stipulated condition/quality and/or
product photographs submitted to REBELLE by the seller, other photographs or images and/or texts infringe on third party rights, in particular copyrights or ancillary copyrights.
If claims for damages are asserted against REBELLE due to infringement of third party rights or in one of the other cases stated in 13.2, the seller is obligated to indemnify REBELLE in this regard, insofar as REBELLE is not at actual fault and furthermore, to fully assume or compensate all costs (including legal expenses) resulting therefrom. In the event of a claim against REBELLE by a third party, the seller must immediately make all information and documents according to the facts available, which are necessary to review the claims and the defence strategies.
Furthermore, section 9 of the Terms applies.
14. Alteration of the Seller Terms
Section 14 of the User Terms applies accordingly to these Seller Terms.
Section 16 of the User Terms applies accordingly to these Seller Terms.
15. Contract language
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 thereafter regarding the legal interpretation or application of these provisions, in cases of doubt, the German version of the Special Terms and Conditions of the StyleRemains GmbH for the REBELLE website is deemed to be binding in terms of the law. Therefore, no liability is assumed for the English version.
16. Data privacy
17. Applicable law and jurisdiction
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 www.ec.europa.eu/consumers/odr/.