General Purchasing Conditions of Reverse Retail GmbH (Buddy&Selly)

Transcription

1 General Purchasing Conditions of Reverse Retail GmbH (Buddy&Selly) I. General provisions Reverse Retail GmbH points out that the Company (also) acts under the name of Buddy & Selly in its business dealings. These Purchasing Conditions shall apply exclusively to all purchases during the entire business relation including future relations between Reverse Retail GmbH (hereinafter referred to as Buddy & Selly) and its customers. We herewith expressly refuse customers purchasing conditions and other general terms and conditions. Such terms and conditions shall not be applied, even if their scope of application reaches beyond the scope of application of these General Purchasing Conditions. In principle, Buddy & Selly procures its goods exclusively from consumers. Every natural person, who concludes a contract for a purpose other than a purpose that can be allocated to its commercial or professional activities, is deemed a consumer. By sending in goods, the customer confirms that he/she is a consumer and that he/she does not sell the goods sent in for commercial purposes. Customers must be at least 18 years of age. Prior consultation regarding the nature and the extent of the goods is required for all cases where commercial customers send in goods. An obligation to accept the goods does not exist, not even following prior consultation. II. Acceptance Policy Buddy & Selly only accepts goods that meet the following criteria: - Brand and designer items. The brands that are currently accepted are listed in the Brand A-Z Luxury or premium-quality items can only be accepted together with the sales receipt and/or a copy of the personal identity card or passport. - All the items that are sent in must be well-kept, clean and in excellent condition. - The items may not be older than five years. The following items are in principle excluded from acceptance: - Damaged, defective or dirty items - Made-to-measure clothing, tailor-made items or items that were altered after purchase, like for example shortened trousers - Furs, reptile leather - Bridal fashion, ball dresses - Underwear, swimwear and sports clothes - Hosiery - Items without manufacturer s label or information - Fake products - children's wear

2 Glasses with corrective lenses - Real jewellery and watches - Suit trousers without the matching jacket The mere sending in of goods that meet the acceptance criteria does not create an obligation to purchase on the part of Buddy & Selly. Only items from EU countries are accepted or purchased. Shipping costs for goods sent in from outside Germany are only borne by Buddy & Selly if agreed beforehand and if the respective items are purchased. Under no circumstances will shipments entailing the payment of import duties be accepted. Goods that are sent to Buddy & Selly contrary to the Acceptance Policy (II.) and the General Purchasing Conditions (I.) cannot be returned. III. Inspection by the purchaser/offer In principle, Buddy & Selly shall inspect the goods no later than within a period of 5 working days and shall make the customer a price offer by or telephone. The purchaser s offers are subject to change and non-binding until the contract is concluded. The customer is obliged to provide the necessary contact details in order to render the making of an offer and the handling of the purchase possible. Shipments without a return address, telephone number and without address will not be processed. If the customer fails to contact Buddy & Selly within a period of 3 weeks after receipt of the shipment, the items shall be donated to Packmee (Texforcare GmbH, Hagelkreuzstr. 49, Mönchengladbach). The customer shall reply to such offer within a period of 5 working days and inform Buddy & Selly whether he/she accepts the offer or whether the items shall be sent back or donated. After expiry of this period, Buddy & Selly shall send a reminder. If, after this, the customer fails to react within another period of 14 days, the goods shall be donated to Packmee. Otherwise, Buddy & Selly would incur excessive storage expenses. If a sales contract is concluded, Buddy & Selly shall transfer the agreed amount immediately or pay it out at the shop. IV. No obligation to purchase The customer sends the goods to Buddy & Selly for inspection. A contract is not concluded through this. Buddy & Selly inspects the goods at its own discretion and expressly reserves the right to decide whether an offer for purchase shall be made or whether the goods can be sent back or collected.

3 V. No withdrawal after purchase For organisational reasons it is not possible to reverse the transaction at the customer s request after the purchase is completed. However, in the further internal quality controls shows that an article is not having all authenticity features which are required for commercial resale, Buddy & Selly reserves the right of restitution of the products within 6 months. However, if further quality inspections show a lack of authenticity, which is required for commercial re-sale, Buddy & Selly reserves the right of restitution the particular item within 6 months. VI. Return shipment/collection If the goods meet the acceptance criteria and the offer is rejected, one return shipment is free of charge for the customer. The shipment of goods is insured in accordance with the conditions of DHL up to a weight of 31 kg and a value of EUR 500. If the first shipment fails for reasons for which Buddy & Selly is not responsible, it is not possible to ship the goods again. The goods can be collected at Buddy & Selly s within a period of 3 weeks. We again point out that plagiarism is strictly excluded from our purchases. Sent in plagiarism will only be sent back against absorption of costs for shipping and handling. Otherwise the items will be respectively destroyed and disposed. VII. Non-collection/failed return shipment Goods that are to be collected because they do not comply with the Acceptance Policy or goods that are undeliverable in the scope of the return shipment can be collected at the dropoff shop within a period of 3 weeks as from the date when the customer handed the shipment over to the post (post stamp). Buddy & Selly shall inform the customer via or telephone that the goods will not be purchased or could not be delivered, as the case may be. The notification shall include the information as from which date the goods will be donated or disposed of as waste. If the customer fails to collect the goods in the meantime, Buddy & Selly shall remind the customer once again by of the consequences of non-collection about one week before the goods are donated or disposed of. After expiry of this period, the items will be donated to Packmee. Fake products will be destroyed or disposed of in another way.

4 VIII. Prices Buddy & Selly determines the value of any items sent in at its own discretion. Here, the brand, the condition, the age and the fashionableness and current demand for the item play a role. IX. Storage of relevant contact details Buddy & Selly is entitled to store and to process the customer s data received in the scope of the contractual relation or the sending of the goods, irrespective of whether such data was provided by the customer or third parties, in accordance with the German Federal Data Protection Act (BDSG) (cf. our Data Protection Policy). X. Liability Liability on the part of Buddy & Selly for damages of all types is excluded. In the scope of return shipments, a liability in accordance with the liability of DHL exists for the contents of a package up to 31 kg and up to a value of EUR The exclusion of liability does not apply - to damages that were caused by Buddy & Selly willfully or by gross negligence; - in cases of ordinary negligence for damages that are based on an injury to life, limb or health and damages that are based on a breach of material contractual duties on the part of Buddy & Selly, like for example the obligation to treat goods with care. 2. In cases of negligent breach of material contractual duties, the liability of Buddy & Selly - with the exception of damages based on injury to life, limb or health - is limited to the usual damages for this type of contract that were foreseeable for Buddy & Selly at the time the contract was concluded or the breach committed. 3. The above liability exclusions and limitations in items X 1 to 2 shall also apply to the liability of Buddy & Selly for its company organs, employees and vicarious agents. XI. Invalid clauses If a provision of these General Purchasing Conditions is or becomes invalid, this does not affect the validity of the remainder of the contract. The statutory provisions shall apply in place of the invalid provision. Under no circumstances shall the respective provision in these General Purchasing Conditions be replaced by the customer s terms and conditions. The same shall apply to a gap in the general terms and conditions.

5 XII. Place of performance, legal venue, applicable law 1. Place of performance for deliveries and payments is Hamburg. 2. Hamburg is the exclusive place of jurisdiction, if the customer, not being a merchant, has no general place of jurisdiction in Germany, or moves its place of residence or habitual abode out of the Federal Republic of Germany after contract conclusion or if its place of residence or habitual abode is unknown to Buddy & Selly at the time of bringing action. 3. Exclusively German law is applicable; the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international private law are excluded.