C2B General Terms and Conditions of Purchase
These general terms and conditions (“GTC”) are intended to govern the purchase of used articles of clothing (“Articles”) from ABOUT YOU customers (“Seller”) by us, RS Recommerce Technologies GmbH (“reverse.supply”, “we”, “us”), as well as their resale through the online shop of the partner enterprise (“ABOUT YOU”).
1. Applicability, scope of application
a) These GTC apply to consumers pursuant to Section 13 of the German Civil Code (Bürgerliches Gesetzbuch - BGB), and the offer is addressed solely to them.
b) By shipping bags to us containing Articles intended for resale (“Second-Hand Bag”) and/or bags containing Articles intended for donation (“Donation Bag”), the Seller agrees to these GTC.
c) reverse.supply only purchases goods that are owned by the Seller, are free from third-party rights and meet the purchasing criteria of reverse.supply.
d) The Seller’s deviating conditions, if any, do not apply unless reverse.supply expressly recognizes their applicability.
2. Object of agreement, closing
a) The object of the agreement consists of the purchase and donation/recycling/disposal of Articles by reverse.supply. Marketable Articles are offered for sale in the ABOUT YOU online shop to be resold to consumers (“Customers”). The purchase of a second-hand Article by reverse.supply is subject to the condition precedent that the second-hand Article is resold in the ABOUT YOU online shop; the purchase of a second-hand Article is not effective until a Customer orders it in the ABOUT YOU online shop.
b) ABOUT YOU provides the Seller with the option, in the context of orders placed in the ABOUT YOU online shop, of sending used articles of clothing to reverse.supply with a view to either reselling them to Customers as second-hand goods (“Second-Hand Articles”) and/or donating/recycling/disposing of them (“Donation Articles”). For this purpose, ABOUT YOU provides the Seller with a shipping label as well as a Second-Hand Bag or Donation Bag upon request. Using the appropriate bag and the shipping label provided, the Seller shall pack the Articles in accordance with their intended use and send the bag to reverse.supply free of charge.
c) Once a Second-Hand Bag or Donation Bag has been ordered, the Seller is prompted by email to (i) provide his or her contact information on the reverse.supply customer portal (“Seller Portal”), link provided, and (ii) make a decision about the use of any non-marketable Second-Hand Article.
d) Following the receipt of the Second-Hand Articles, we will determine their marketability on the basis of the brand, category and condition of the Article (“Purchasing Criteria”) and notify the Seller by email of the result of such review within ten (10) days of the receipt of the Second-Hand Articles. Second-Hand Articles must have care labels and all original labels attached to be eligible for a determination of marketability and resale.
e) If marketability is affirmed, reverse.supply will present the Seller by email with an offer to enter into a purchase contract for all marketable Second-Hand Articles, providing a minimum as well as a maximum purchase price. The final purchase price depends on the final sales proceeds.
f) The Seller will receive a link by email to the Seller Portal, where the option is provided to accept or reject the offer to buy the Second-Hand Articles at the final purchase price within the price range specified. If the Seller accepts the offer, the Seller must choose a payment option in the Seller Portal and, if necessary, provide his or her bank account information. If the Seller rejects the offer, the Seller has the option to determine the Articles’ use – donating/recycling/disposing of them or having them returned at no cost – in the Seller Portal.
g) If an offer is neither accepted nor rejected within four (4) weeks of its receipt, the Articles are returned to the Seller free of charge, along with all Articles that were deemed non-marketable and have not been approved for donation/recycling/disposal.
h) Throughout the sales process up to the Final Sale, the Seller has the option to update his or her contact information and the terms of payment, as well as to check the status of any Second-Hand Article, in the Seller Portal.
i) Prior to offering Second-Hand Articles in the ABOUT YOU online shop, reverse.supply prepares the individual Second-Hand Articles for presentation in the shop. In addition, we will gather details about the products and create product images that are used to offer the Second-Hand Articles for sale in the ABOUT YOU online shop.
j) If a Second-Hand Article is sold in the ABOUT YOU online shop and if the sale has not been withdrawn within fourteen (14) days after delivery to the Customer, its status is updated in the Seller Portal, and the Seller then has the option to track the current status of the Second-Hand Article.
k) The purchase of a Second-Hand Article from the Seller by reverse.supply is not realized until it is sold in the ABOUT YOU online shop. Packaging and shipping of the Second-Hand Articles are performed free of charge by reverse.supply.
l) In the event that the sale of a Second-Hand Article has not been withdrawn within fourteen (14) days after delivery to the Customer (“Final Sale”), the Seller is notified of the Final Sale by email. If the Customer withdraws from the purchase within fourteen (14) days, the article is again offered for sale in the ABOUT YOU online shop. In such a case, the original purchase of the Second-Hand Article is reversed. The Seller hereby accepts the renewed offer to purchase the Second-Hand Article subject to the price range initially specified.
m) In the event that a Second-Hand Article is not finally sold in the ABOUT YOU online shop within twelve (12) months, it is, at the Seller’s option, either returned to the Seller or donated/recycled/disposed of. For this purpose, the Seller is notified by email and prompted to determine the fate of the unsold Second-Hand Article in the Seller Portal: return or donation/recycling/disposal. If no selection is made within four (4) weeks of the Seller’s receipt of such notification, he or she is deemed to have agreed to the donation/recycling/disposal of the unsold Second-Hand Article.
n) For each Second-Hand Bag sent in, the Seller is entitled to one free return of Second-Hand Articles that are marketable and for which the Seller has accepted the purchase price. The specific number of free returns to which a Seller is entitled is shown in the Seller Portal. Returns shipments subject to charges will be invoiced to the Seller by reverse.supply and must be paid in advance. The Seller is deemed to have agreed to the donation/recycling/disposal of the Articles if no payment is received within four (4) weeks of the Seller’s request to return the Articles and reverse.supply’s request for payment.
o) Donation Articles, as well as Second-Hand Articles approved for donation/recycling/disposal are donated to the extent possible. For this purpose, we will check whether the Articles in question are suitable for donation, and decide whether to donate them or recycle/dispose of them depending on their condition.
3. Transfer of risk, title
a) The risk of an Article’s accidental demise or deterioration passes to us upon their receipt in our warehouse.
b) Donation Articles and Second-Hand Articles will be stored at our warehouse until they are (i) donated/recycled/disposed of or (ii) sold or donated/recycled/disposed of or returned, respectively. After the receipt and inspection of Second-Hand Articles, the Seller may have them returned at any time, provided that they have not yet been sold. The first return of Second-Hand Articles from the respective Second-Hand Bag which are marketable and whose purchase price the Seller has accepted, is free of charge for the Seller; for any further return request, the Seller bears the shipping costs. As soon as an order has been received for a Second-Hand Article in the ABOUT YOU online shop, the Second-Hand Article may no longer be returned. In the event that no Final Sale occurs, and the Second-Hand Article is once more offered for sale in the ABOUT YOU online shop, the Seller again has the option of requesting the return of the Second-Hand Articles.
c) Until an Article has been approved for donation/recycling/disposal, and/or until the time of its sale to us, the Seller retains the title of ownership to such Article. Ownership of Second-Hand Articles sold shall pass as part of the multi-stage acquisition of ownership at behest (mehrstufiger Geheißerwerb) from the Seller to reverse.supply and then to ABOUT YOU upon their delivery to a Customer and to the Customer upon full payment of the purchase price. If the Customer withdraws from the purchase, ownership reverts back to the Seller.
4. Terms of payment
a) Upon the Final Sale of a Second-Hand Article, the purchase price is paid to the Seller using the payment option selected by the Seller. For Second-Hand Articles with a final purchase price of up to 10,00 Euros, the full final purchase price will be paid out to the Seller trough an ABOUT YOU gift card. For items with a final purchase price of more than 10,00 Euros, the Seller may choose between (i) a bank transfer in the amount of the final purchase price minus 10,00 Euros per Second-Hand Article sold or (ii) the receipt of an ABOUT YOU gift card in the amount of the full final purchase price. The general terms and conditions for the redemption of gift cards at ABOUT YOU apply.*
b) In the event of a bank transfer, the purchase price is deposited into the account provided by the Seller in the Seller Portal within two (2) business days of the Final Sale of the respective Second-Hand Article. If the Seller opts for the gift card for the ABOUT YOU online shop, such gift card is sent to the email address provided by the Seller within two (2) business days of the Final Sale.
c) The purchase price includes applicable taxes as well as other costs associated with the resale. ABOUT YOU bears the cost of shipping Articles to reverse.supply; reverse.supply bears the cost of shipping to the Customer.
5. Liability
a) reverse.supply shall be liable for damages without limitation in cases of willful misconduct and gross negligence that are based on a breach of duty attributable to reverse.supply. Furthermore, reverse.supply shall be liable for culpably caused injuries to life, body or health under applicable law.
b) In all other respects, reverse.supply shall only be liable under the German Product Liability Act (Produkthaftungsgesetz - ProdHG), for culpable breach of material contractual obligations (so-called cardinal obligations - Kardinalpflichten) or in the event of fraudulent misrepresentation. The claim for damages for the culpable breach of material contractual obligations shall, however, be limited to the foreseeable damage typically associated with the agreement, unless another of the cases listed above applies at the same time lability for indirect or consequential damages as well as lost profit is excluded.
6. Final provisions
a) Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions hereof continue in full force and effect. In place of the invalid or unenforceable provision, the valid and enforceable provision that comes as close as possible to the economic purpose pursued by the invalid or unenforceable provision shall be deemed agreed. This applies accordingly to the supplementary interpretation hereof.
b) These GTC are subject to German law.
c) Dispute resolution – reverse.supply will endeavor to settle disputes satisfactorily at all times. The EU Commission has provided a platform for out-of-court online dispute resolution (OS platform), which is found under https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to be a party to a dispute resolution proceeding before a consumer arbitration board.
GTC current as of: June 2022
*General Terms and Conditions for the redemption of ABOUT YOU gift cards: General Terms and Conditions of ABOUT YOU SE & Co. KG, Domstraße 10, 20095 Hamburg: Multi-purpose voucher. Gift cards can be redeemed at aboutyou.de or in the ABOUT YOU app. Gift cards are not bound to a minimum order value. The activation of the gift card takes place immediately after acquisition of the gift card. Registration/login on aboutyou.de is required for redemption. A maximum of one gift card can be redeemed per order. Gift cards cannot be subsequently applied to an order and are not refundable. Any commercial resale of gift cards is prohibited. ABOUT YOU is not liable for the loss, theft, damage, illegibility or unauthorized use of gift cards. The ABOUT YOU terms and conditions of sale apply, which can be accessed at aboutyou.com/agb.