Preloved design
Mozartstrasse 4
75397 Simmozheim

represented by Christina Petri, VAT ID: DE 320985262

runs a shop for designer second hand clothes women and men, second hand designer interiors and various accessories used and new.

Preloved Design mainly offers goods via the operated website www.preloved-design.com, but also via other sales channels.

The following general terms and conditions ("GTC") apply to the use of the Preloved Design website made available in accordance with these GTC and regulate the purchase processes in connection with the use of the services of Preloved Design and the Preloved Design website. With every use of the Preloved Design website (also outside of a purchase process), the user declares his agreement to the validity of these terms and conditions. For any special campaigns initiated or supported by Preloved Design as well as other access channels (e.g. via applications), different and / or additional special terms and conditions may apply.

Definitions:

In accordance with Section 13 of the German Civil Code (BGB), a consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

An entrepreneur within the meaning of these terms and conditions is a natural or legal person, or a legal partnership, who, when concluding a legal transaction, is exercising their commercial or independent professional activity, in accordance with § 14 BGB.

The buyer is the private or commercial buyer (consumer or entrepreneur) who submits an offer to buy a sale item offered by Preloved Design on the Preloved Design website or via another distribution channel.

The user is the private or commercial buyer (consumer or entrepreneur) of sales items on the Preloved Design website, or other visitors to the website.

Sales items are designer second hand items offered by Preloved Design to buyers via the Preloved Design website or another sales channel.

1. General, functionality of the Preloved Design website, contractual relationships

1.1

Preloved Design offers a shop for designer second hand articles with the website operated by them. This can be reached on the Internet under the domain "www.preloved-design.com". Preloved Design can - but is not obliged - to provide other access channels to the Preloved Design website via connections with other services, e.g. via so-called applications (apps).

1.2

Via this shop provided by Preloved Design, private and commercial buyers of new and used clothing items, bags, shoes, accessories, jewelry, furniture, etc., can conclude a contract for the sales items displayed on the Preloved Design website.

1.3

While entering data and information, the respective user can correct or delete their entries using the usual keyboard and mouse navigation.

1.4

As a buyer, Preloved Design users can view images and descriptions of sales items via the website and submit an offer to purchase the sales items shown. In exceptional cases and by individual agreement, the sales items can also be viewed in the Preloved Design business premises and as part of regular trade fair or warehouse sales.

1.5

The sales items offered by Preloved Design have undergone a visual inspection to determine whether they are possibly plagiarism.

2. Purchase of a sales item, conclusion of contracts

2.1

The posting and presentation of a sales item on the Preloved Design website is solely an invitation to submit an offer by a buyer.

2.2

To buy an item for sale on the website, the buyer can add it to the same by clicking on the "Add to Cart" button. This is the first step in the buying process and is not binding on either site. Before the buyer makes a binding offer, the buyer has the option of checking and, if necessary, correcting and / or removing sales items from the shopping basket all of the data entered by him and the sales items placed in the shopping cart.

The buyer only submits a binding purchase offer by clicking on the "Pay now" button.

Immediately after submitting the order, you will receive another confirmation by email.

2.3

The buyer's offer can be rejected without giving reasons.

2.4

The purchase contract is concluded directly between Preloved Design and the buyer through the declaration of acceptance in the form of a dispatch confirmation by email by Preloved Design.

2.5

Preloved Design issues vouchers for certain promotions. Only the recipient of such a voucher is entitled to use it. Passing on is prohibited.

3. Right of withdrawal of the buyer after the conclusion of a purchase contract for a sales item

3.1

If the buyer is a consumer with normal residence in a member state of the EU and the seller is a commercial provider (especially second-hand boutiques), the buyer has a right of withdrawal within the legal framework.

The buyer's right of withdrawal relates to sales contracts for a sales item in accordance with Section 2 of these General Terms and Conditions and is to be distinguished from the right of withdrawal in relation to the submission of an offer to purchase a sales item in accordance with Section 2.3 of these General Terms and Conditions, about which the buyer is informed separately immediately before the offer is submitted.

The declaration of revocation is to be sent to Preloved Design.

3.2 Cancellation policy

RIGHT OF WITHDRAWAL

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or email).

If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email). To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.

CONSEQUENCES OF REVOCATION

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us and with the exception of special shipping campaigns), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

An e-mail is sufficient for the revocation:

• I / we (x) hereby revoke the contract concluded by me / us (x) for the purchase of the following goods (x) / the provision of the following service (x)

• Ordered on (x) / received on (x)

• Name of the consumer (s)

• Address of the consumer (s)

• Signature of the consumer (s) (only if this is communicated on paper)

• date

(x) Delete where inapplicable.

3.3

Commercial sellers do not grant a right of withdrawal when concluding contracts with consumers who have their habitual residence in a country that does not belong to the European Union, unless the applicable national law prescribes such a right to protect consumers.

4. Prices, terms of payment, payment of the purchase price

4.1

All prices displayed on the Preloved Design website for a sales item are final prices in euros including the currently valid and applicable sales tax and plus the corresponding shipping costs. The prices specified in section 6 of the terms and conditions at the time the contract is concluded apply.

4.2

Preloved Design currently offers the buyer the following payment options:

• Instant bank transfer

• Paypal

The buyer can choose between the payment options shown. Preloved Design reserves the right to introduce further payment options in the future or to no longer offer payment options that have already been introduced. The buyer is advised that, depending on the payment options used, additional costs that are independent of Preloved Design (e.g. PayPal fees) may be incurred.

4.3

If a sales contract has been concluded, the buyer is obliged to pay the purchase price for the sales item. The purchase price is due immediately. In the case of payments made under reserve by the buyer prior to the conclusion of the sales contract, the reservation is lifted by the conclusion of the sales contract. Any right of withdrawal according to section 3 of these terms and conditions remains unaffected.

4.4

The type of payment option chosen by the buyer (see section 5.2 of these terms and conditions) determines the more precise payment modalities of the purchase price (plus shipping costs, see section 5.4 of these terms and conditions).

5. Dispatch of the sales item, delivery times, shipping costs, deliveries to a member state of the European Union

5.1

Items for sale will be shipped to the buyer within 1-3 working days of the conclusion of the purchase contract.

5.2

The delivery times can be found in the respective sales item description and amount to a maximum of 21 working days for sales items that are only sent to Preloved Design after the purchase offer has been submitted (see Section 6.1). After accepting the purchase offer for a sales item, it will be sent within the next 2-3 working days after payment has been made.

The delivery time within Germany is a maximum of 7 working days. For deliveries to member states of the European Union , the delivery time is up to 21 days. A sales item is generally only delivered to the address given by the buyer.

5.3

The buyer has to bear the separately shown shipping costs. The amount of the shipping costs can be found on the page Our shipping information.

5.4

Any official permits required for export or import must be obtained by the buyer in his own name and at his own expense. When importing sales items into the respective country of destination, additional costs, fees or taxes may arise which are to be borne by the buyer. These costs can neither be deducted from the purchase price nor do they justify a right of retention on the sales items.

6. "Questions about the article" function

6.1

It is possible to ask questions about the article via the contact@preloved-design.com email. The user agrees that questions / text messages he has written can be published by a program (e.g. Google Translate) translated into another national language.

6.2

The function "Questions about the article" is used to ask questions about the sales article so that Preloved Design can react to them.

The function must not be used to

• to violate personal rights, copyrights, trademarks or other rights of third parties, to insult, harass or threaten third parties or to disseminate anti-constitutional, violence-glorifying, obscene, immoral, political or ideological statements,

• to advertise - also free of charge - for other telemedia and / or companies, to encourage users to visit another telemedia or to disparage or denigrate preloved design and / or another company.

• to store private contact details (in particular name, postal address, telephone number, email address).

6.3

If third parties raise claims or claims against Preloved Design on the grounds that a question / text message would be unlawful, or in any other connection with a question / text message, the user must immediately support Preloved Design in its legal defense and, upon request, from all third party claims (e.g. Lawyer and court costs, claims for damages) upon first request. Further claims by Preloved Design against the user remain unaffected.

7.0 Warranty, Statute of Limitations, Liability

7.1

For the sales items sold by Preloved Design, Preloved Design does not assume any warranty for defects. No guarantees are given either.

7.2

If the buyers are private consumers, there is basically no warranty claim, unless the seller has fraudulently concealed defects.

7.3

If the buyer is a private consumer and the seller acts commercially, the guarantee of the commercially acting seller for new goods in the event of defects is two years from receipt of the goods, for used goods one year from receipt of the goods.

If the buyer is an entrepreneur, the warranty for new goods in the event of defects is one year from receipt of the goods; the warranty is excluded for used goods. The entrepreneur acting as the buyer is obliged to notify the seller of obvious defects in the delivered sales item within a period of two weeks from receipt of the sales item, otherwise the assertion of the warranty claim is excluded. Timely notification or dispatch is sufficient to meet the deadline. Manufacturer guarantees remain unaffected by this.

7.4

If and to the extent that Preoved Design checks sales items to determine whether they are original goods or plagiarism, Preloved Design will conscientiously carry out this task in the form of an external visual inspection of the sales item. Further measures are not owed by preloved design. Preloved Design expressly points out that complex plagiarism in particular can only be distinguished from the respective branded article with considerable effort and can therefore be recognized as plagiarism. Preloved Design therefore does not guarantee that the sales item is actually original or branded.

The check does not mean that a user can assert liability claims; The review is not an activity within the framework of a contract with protective effect or for the benefit of third parties.

7.5

Preloved Design assumes no liability for third-party content or references to other telemedia on the Preloved Design website.

7.6

If Preloved Design acts as the seller in its own name, the buyer's warranty claims against Preloved Design are based on the legal requirements.

7.7

Preloved Design is liable to the user according to the following criteria:

• for damage resulting from injury to life, limb or health and for damage based on an intentional or grossly negligent breach of duty by Preloved Design or its legal representatives or vicarious agents, without limitation in accordance with the legal requirements;

• for the loss of or damage to sales items sent to the buyer, the amount is otherwise limited to 5,000 euros per sales item; If the buyer chooses a higher sum insured through express notification, liability in the insured event is limited to the selected sum insured

• in all other cases only in the case of culpable breach of essential contractual obligations, the fulfillment of which is necessary to achieve the purpose of the contract and which the seller could therefore rely on, and also only for contract-typical, foreseeable damage.

7.8

For consumers, mandatory provisions of consumer protection of the country in which they have their habitual residence at the time of the conclusion of the contract remain unaffected.

8. Termination Rights

8.1

General use of the website has been agreed for an indefinite period. The termination of use does not affect the user's obligations already incurred at the time of termination in relation to purchase contracts concluded or initiated prior to the termination of use in relation to an item for sale (e.g. the buyer's commitment to purchase offers that have already been made).

8.2

Preloved Design has the right to extraordinarily terminate the use of the website by the user at any time for an important reason. As an important reason

• the misuse of the communication options of the website to insult, harass or threaten third parties, to disseminate immoral, obscene, violence-glorifying, youth-endangering, political or ideological information,

• the breach of essential contractual obligations in the context of the use of the website towards Preloved Design and / or other users,

• Preloved Design discontinues the website, significantly changes its orientation or significantly restricts its functionality.

Section 9 of these terms and conditions remains unaffected.

9. Blocking and Restriction

9.1

Preloved Design reserves the right, for a legitimate interest, for example in the event of suspicion of fraud or other violation of these terms and conditions, to block or restrict the user for a limited period or unlimited without prior warning and thus to exclude the user in whole or in part from further use of the website.

9.2

Preloved Design is entitled at any time to limit access to the website in whole or in part, temporarily or permanently for individual users or in general, or to discontinue the website. This applies in particular in cases of improper use of the website by a user, to protect against malware and other harmful substances (e.g. Trojans, viruses) and to protect one's own interests.

9.3

Preloved Design reserves the right to bill the user for the costs of blocking / limiting and unblocking for which he is responsible. The amount of these costs is measured at equitable discretion with special consideration of the actual expenditure (§ 315 BGB). The user is free to prove that Preloved Design actually incurred no or only lower costs.

10. Operation and availability

10.1

The website is operated and maintained by Preloved Design.

10.2

Preloved Design will endeavor to make the website available to users and the public with an annual average availability of 95%. Downtimes that are used to improve, redesign and / or optimize the website (e.g. software updates, increased security, redesign or optimization of content and presentation) and technical measures (e.g. server maintenance) are not taken into account in the aforementioned annual average.

10.3

There is no right of a user against Preloved Design that the website is available permanently and / or unchanged.

11. Changes to the terms and conditions

Preloved Design will announce the changed regulations no later than two weeks before they come into force. If a user does not object to the validity of the changed terms and conditions within two weeks of becoming aware of them, the changed terms and conditions are deemed to be accepted. Preloved Design will separately inform the user of the significance of a failure to object.

12. Data protection

When collecting, storing and processing personal data of users, we observe the statutory provisions. Further details can be found in our data protection regulations .

13. Information on distance contracts and contracts in electronic commerce

13.1 Identity / representative / summonable address / own content of the operator:

Preloved design

Mozartstrasse 4th

75397 Simmozheim

www.preloved-design.com
Email contact: info @ preloved-design.
Represented by Christina Petri

Sales tax ID: DE 94 805 317 238

Responsible for own content according to § 55 RStV: Christina Petri

For all links to other sites on the Internet, Christina Petri expressly declares that she has no influence on the design and content of the linked sites. Therefore, Preloved Design hereby expressly distances itself from all contents of all linked third-party sites on www. Preloved-Design.com does not adopt this content as its own and assumes no liability or guarantee for this third-party content.

13.2 Right of Withdrawal

For users who are consumers within the meaning of Section 13 of the German Civil Code (BGB), there is a right of withdrawal in accordance with Section 4 of the General Terms and Conditions of Preloved Design for the website.

14. Contract language, choice of law and place of jurisdiction

14.1

The contract language is German

14.2

German law applies to all legal relationships and disputes arising from and in connection with the use of the website between Preloved Design and a user who, at the time of the conclusion of the contract, has his or her usual seat or residence in a member state of the EU. For consumers with habitual residence in a country that does not belong to the EU, German law applies to the exclusion of German consumer protection law. Regardless of this choice of law, the mandatory consumer protection law of the state in which they have their habitual residence at the time of the conclusion of the contract also always applies to consumers.

14.3

The place of jurisdiction for all disputes arising from or on the basis of this contractual relationship is the registered office of Preloved Design in Simmozheim, insofar as the customer is a merchant or does not have a general place of jurisdiction in Germany. Preloved Design can, however, choose to sue the user at his general place of jurisdiction.

15. Miscellaneous

15.1

If a provision or parts of a provision of these terms and conditions are ineffective, the remaining provisions or parts of the provision remain unaffected.

15.2

Preloved Design can transfer all obligations and rights from the contract with the user in full or in part to third parties. Preloved Design will inform the user about this in advance. The user can object to the transfer within 14 working days of receiving the information for a legitimate reason.

15.3

The European Union enables consumer disputes relating to online sales and service contracts to be settled out of court on a website.

15.4

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at:

<a href="https://ec.europa.eu/consumers/odr/" target="_blank"> https://ec.europa.eu/consumers/odr/ </a>

Status: 05.11.2020