Terms & purchase conditions of Reverse Retail GmbH (Buddy & Selly)
I. General provisions
Reverse Retail GmbH points out, that in business matters they will operating under the name Buddy & Selly as well. For purchases in the entire business relation including any upcoming relationships between Reverse Retail GmbH (followed by Buddy & Selly) and their customers the mentioned purchase conditions will apply. Purchase conditions and other terms of customers is hereby expressly contradicted. They will not apply, even if your regulatory area is going beyond the regulatory area of those purchase conditions. Buddy & Selly obtains its products from consumers exclusively. Consumer is every natural person who does not conclude a contract for the needs of commercial activitys. By sending the goods the customer confirms, that he is consumer, aquired those goods in the territory of the european union and/ or in the european economic area and did not use the goods for any commercial purposes. The customer has reached the age of 18. years and is enterprising. Sending goods by commercial customers is exclusively possible if previously agreed. Even in case of previous agreement does no obligation of acceptance exist.
II. Acceptance guidelines
Buddy & Selly accpets only products which meet following criteria, therefore does Buddy & Selly only buys seasonal. The actual accepted brands are listed in our trade markregister http://www.buddyandselly.com/Brands. In case of particulary high-quality products an acceptance of the products can only be made with proof of purchase and/ or a copy of your Identification card. – The submitted products must be maintained, clean and in very good condition. – The products must not be older than five years. General excluded from acceptance are: – Defective, poorly or soiled goods.- made-to-measure clothing or subsequently changed products, such as shortened trousers – fur, reptiles leather (unless they do not meet our trade markregister) – bridal fashion, ball dresses – lingerie, swimwear, gym wear, bodys hosiery – Products with no manufacturer’s label or inscription – plagiarisms – glasses with eyesight – watches – suit trousers without matching jacket in the same size – children’s clothing. There is no purchase obligation of Buddy & Selly by sending products, which meet the acceptance guidelines. Acceptance or purchase does only take place from EU-Countrys. Submissions with import duties will not be accepted. Goods that are sent to Buddy & Selly which do not meet the Acceptance Guidelines (II.) and the General Provisions (I.) can only be returned if a prepaid shipping label is sent.
III. Verification through the buyer/ offer
Buddy & Selly usually reviews the products within three business days and informs the customer with a price offer by e-mail or telephone. Offers of the buyer are non-binding until the contract has been concluded. In order to ensure an offer or to complete a purchase, the customer is obligated to provide required contact information. Submissions with no return address, valid telephone number or e-mail address will not be processed. The customer needs to express himself to the offer and informs Buddy & Selly, if he takes the offer, if the products should be sent back or if they should be donated. Once the dealine has expired Buddy & Selly reminds you once. If the customer is not coming back to us within 14 days, the products will be passed to the german clothes foundation. If an offer is accepted and a purchase contract is concluded, Buddy & Selly transfers the agreed amount or pays on the spot.
IV. No Purchase obligation
The customer sends the products to Buddy & Selly to valuate. A contract will not be concluded hereby. Buddy & Selly checks the the products for the relevant purchase and sales criteria and reserves the right to decide before, whether a purchase or an offer takes place or if the products will be sent back or need to be picked up.
V. No withdraw after purchase
For technical and accounting matters there is no cancel of purchase possible. If in internal quality control the product does not show all authenticity features, which are necessary for commercial resale, does Buddy & Selly keeps the opportunity to reverse the transaction.
VI. Return / Pick up
Should the cutomer not favour the offer of Buddy & Selly, the return of the products is free of shipping costs. For the goods, which do not meet the general provisions (I.) and the acceptance guidelines (II.) which Buddy & Selly not purchases, does no free return happen. This happens only after sending a prepaid shipping label. It can also be picked up in our purchase centre (Schnackenburgallee 41a, 22522 Hamburg), by the customer or by an authorized third party within 3 weeks. It is pointed out that no counterfeit products will be purchased. Submitted counterfeit products will only be returned with absorption of costs or professionally rendered non-functional and disposed of. If the first shipment fails for reasons that are not attributable to Buddy and Selly, a new shipment is only possible if a pre-paid shipping label is sent. The goods can be picked up within three weeks at Buddy & Selly (VII.).
VII. No pick up /return failure
Goods, which should be picked up that were not meeting the acceptance guidelines (II.), or goods that cannot be delivered as part of the return, can be picked up by the customer from the post office (postmark) in the purchase centre within 3 weeks of delivery of the goods Resending is only possible if a prepaid shipping label is sent. Buddy & Selly informs the customer by e-mail or telephone that the goods will not be purchased or could not be delivered. The notification also contains an indication of when the goods will be donated or disposed of if they are not collected. If the customer does not pick up the goods in the meantime, Buddy & Selly will send a reminder about a week before donating or disposing the goods by e-mail with the consequences of non pick-up. Once the deadline has expired the products will be donated to the german clothes foundation. Counterfeit products will be destroyed and disposed.
Buddy & Selly evaluates all submitted items according to the sales-relevant criteria and will use an evaluation software specially developed for this process. The brand, the condition, the age as well as the topicality and the current demand does play a role.
IX. Storage of relevant contact data
Buddy & Selly is entitled to store and process the received data about the customer as part of the contractual relationship or as part of the delivery of the goods, regardless of whether they originate from the customer or from third parties, in accordance with the provisions of the Federal Data Protection Act (see Data protection).
The liability of Buddy & Selly for damage of any kind is excluded. As part of the shipment, there is liability for the contents of a package up to 31 kg and up to a value of EUR 500, in accordance with DHL’s liability.
The exclusion of liability does not apply – to damage caused intentionally or through gross negligence by Buddy & Selly. – in cases of slight negligence for damages based on injury to life, limb or health as well as for damages based on a breach of essential contractual obligations by Buddy & Selly, such as treating the goods with care.
2. In cases of negligent breach of essential contractual obligations, the liability of Buddy & Selly – with the exception of damage to life, limb and health – is limited to the contractually typical damage foreseeable for Buddy & Selly upon conclusion of the contract or commission of the breach of duty.
3. The above exclusions and limitations of liability in clauses X 1 to 2 do also apply to the liability of Buddy & Selly for its organs, employees and vicarious agents.
XI. Invalid clauses
Should one of those provisions of these conditions of purchase be or become invalid, the validity of the rest of the contract does not change. The statutory regulation applies from your side. Under no circumstances will the relevant provision in these Conditions of Purchase be replaced by the customer’s terms and conditions. The same applies if there is a gap in the GTC.
XII. Place of performance, place of jurisdiction, applicable law
1. Place of performance for deliveries and payments is Hamburg.
2. Hamburg is the exclusive place of jurisdiction if the customer, as a non-merchant, has no general place of jurisdiction in Germany, relocates his domicile or usual place of residence outside of the Federal Republic of Germany after concluding the contract, or his domicile or usual place of residence is not known to Buddy & Selly at the time the lawsuit is filed.
3. German law applies exclusively, excluding the UN Sales Convention (CISG) and international private law.