Terms & Conditions – codressing.store

Part 1 – General Terms and Conditions

§ 1 Scope and inclusion of the General Terms and Conditions

1. CODRESSING , with its registered office at Rosenthaler Strasse, 40-41, Hackesche Höfe, Hof VII, 10178 Berlin (DE), represented by the managing director Floriane Palussière, is an entrepreneurial company (limited liability) registered at the Berlin District Court under the registration number HRB 210630 operates the internet platform at www.codressing.store.

2. These General Terms and Conditions of Business and Use (“GTC”) in the version valid at the time of use (registration or order) apply to the business relationship between the provider and the customer as soon as the customer registers or orders on the website www .codressing.store takes place.

Changes to the general terms and conditions will be announced to the customer in writing or by email and published on the Internet. The changes are deemed approved if the customer does not object in writing. The provider will specifically point out this consequence when making the announcement. The customer’s objection must be sent to the provider within one month of the announcement of the changes.

3. Individual agreements that deviate from the General Terms and Conditions must be confirmed to the customer in writing by the provider.

4. By checking the appropriate box during the transaction process by using the Internet presence provided by the provider (“opt in”), the customer accepts the current version of these General Terms and Conditions.

5. These terms and conditions are aimed at consumers. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. The provider currently only processes the data for customers in Germany and France. The customer’s billing address must therefore be within Germany or France. Delivery only takes place to delivery addresses in Germany and France.

6. If the customer has his habitual residence in Germany, German law applies to the legal relationships between the provider and the customer on the basis of the General Terms and Conditions written in German.

However, if the customer has his habitual residence in France, German law applies to the legal relationships between the provider and the customer on the basis of the general terms and conditions written in French, with the proviso that the customer is offered the protection provided by the mandatory regulations of French law – in particular consumer protection law.

7. The English version of the General Terms and Conditions merely represents a translation of the General Terms and Conditions written in German and is made available by the provider only for informational purposes, without the English version having any legal effect on the provider’s legal relationships.

§ 2 General service description and terms

1. Co-dressing (“Provider”) offers its customers (“Customers”) registered on the corresponding Internet platform at www.codressing.store (“Platform”) the rental and sale of fashion items.

In addition, the provider offers customers the opportunity to rent and sell their own fashion items, which are not the property of the provider, to other customers via the Internet platform. The provider offers these customers additional services such as cleaning and packaging of those fashion items that the customers want to rent or sell via the platform.

2. Customers must register on the provider’s platform regardless of which provider’s offer they would like to use. By registering, customers already enter into a business relationship with the provider.

3. Clothing and fashion items are clothing items and accessories such as handbags (“Items”).

4. The provider concludes beyond the contract for the use of the platform in accordance with the offer used by the customer

a rental agreement (see Part II of these conditions),
Purchase Agreement (see Part III of these Conditions),
Mediation contract (see Part IV of these conditions),

and/or a custody agreement and a service or work contract in connection with the provider’s conciergerie service (see Part V of these conditions).

In addition to Part I of these conditions, the other conditions of Parts II, III, IV and V apply to the respective contracts, depending on the type of contract concluded.

5. Customers can only be adults; minors are excluded from using the platform and from concluding contracts regarding the provider’s various offers. By using the platform and registering, customers confirm that they are at least 18 years old and have full legal capacity within the meaning of the Civil Code.

§ 3 Registration and confirmation

1. Registration is possible via the provider’s website at www.codressing.store.

2. After providing the relevant personal data, the provider decides whether to accept the offer to conclude the customer relationship based on the data transmitted during registration.

3. Registration is deemed accepted by providing your personal customer number. The notification is made via email.

4. The customer is obliged to immediately notify any changes to his personal data as well as the data relevant to billing (credit card number, bank details) that occur during the business relationship. To do this, the customer must change the data independently via the customer portal.

§ 4 System access

1. The customer must ensure that the login information assigned by the provider is protected from unauthorized access by third parties. The customer is not permitted to release his login information for use by third parties. The customer is obliged to inform the provider immediately if he becomes aware of any indications of misuse of his registration information.

2. The provider points out that its employees are only authorized to query customer numbers if the customer has established contact with the provider himself.

4. If the customer violates his obligations under Section 4 of these conditions, he is liable for all damage that would have been avoided if reported in a timely manner. If notification is made immediately, the customer is only liable for damages that have occurred up to the time of notification up to a maximum amount of €1,500. This limitation of liability does not apply if the customer has allowed the misuse of his registration information intentionally or through gross negligence.

§ 5 Remuneration and prices

1. The customer registers on the platform free of charge.

2. The use of the provider’s individual offers and services in the form of the rental of items (see Part II of these conditions), the sale of items (see Part III of these conditions), the provider’s brokerage services (see Part IV of these conditions) and Other services in connection with the provider’s conciergerie service (see Part V of these conditions) are subject to payment. Remuneration for the provider’s services is based on the prices valid and indicated at the beginning of the individual usage processes and in accordance with the respective regulations contained in parts II, III, IV and V of these conditions.

3. All prices stated by the provider are in euros including the applicable statutory sales tax. The prices apply at the time of ordering.

4. Unless otherwise stated, the prices are due for payment immediately upon use of the respective service.

§ 6 Shipping, shipping costs, delivery for collection

1. The ordered fashion items are shipped at the customer’s expense. In addition to standard shipping, the customer can also choose express shipping. The shipping costs are shown beforehand and separately.

2. The provider bears the shipping risk. The goods are only shipped within Germany and France. Delivery dates are non-binding.

3. The customer can also order the goods for collection in a store (hereinafter “co-dressing apartment”). Such deliveries for collection are carried out free of charge.

If delivery is selected in the “co-dressing apartment”, the customer will be informed by email that the delivery is ready for collection and a corresponding collection date. If the customer is unable to do so, they can inform the provider of this in order to arrange a different pick-up date. If the customer does not pick up the goods on the agreed date and has not indicated that he is unavailable for this date, the provider will exercise his statutory right of withdrawal. In this case, any payment already made will be refunded to the customer immediately by the provider.

4. When exercising any existing statutory right of withdrawal or in the event of otherwise necessary returns, the customer can return the goods if he either returns the package to Co-dressing after making an appropriate appointment or uses the return label included with each package. New or additional return labels can be requested at any time from the provider’s customer service. The provider only bears the shipping costs if he is legally obliged to do so and in particular if the customer makes use of his legal right of withdrawal.

5. Receipt of the fashion item in the sense of delivery occurs when the item comes into the customer’s sphere of control in such a way that the customer can accept it (e.g. in the case of delivery of the fashion item to a neighbor or to a branch of the shipping company, if the customer could not previously be found at the shipping address). It is not necessary to actually hand over the fashion item to the customer.

§ 7 Payment, security deposit and late payment

1. Payments and deposits of security deposits are only possible by credit card and are processed via the provider’s website. To secure the payment process, customer data is checked separately.

Payments are due when the corresponding service is ordered and are therefore due immediately. When paying by credit card, the purchase price is reserved on the card (authorization process); the actual debit is made immediately afterwards and at the latest when the goods are dispatched.

2. If the customer defaults, the provider is entitled to make all further claims against the customer due immediately and to discontinue the contractual services until the customer has paid all of his obligations due.

§ 8 Billing and offsetting

1. Invoices are created after the service has been fully provided and can be downloaded by the customer at any time from the customer portal on the website.

2. The services used are billed in accordance with the offer used.

3. The customer can only set off undisputed or legally established claims against the provider’s claims.

§ 9 Liability of the provider due to the operation of the platform

The provider is liable to the customer due to the operation of the platform for intent and gross negligence as well as for any type of negligence in the event of injury to life, body or health. For other culpable violations of essential contractual obligations (cardinal obligations), the provider is liable, regardless of the legal basis, only for contract-typical, ie foreseeable, damages. Otherwise, the provider’s liability for the operation of the platform is excluded. With regard to the provider’s other services, parts 2, 3, 4 and 5 of these conditions regulate specific provisions.

§ 10 Data protection

1. The provider stores customers’ personal data and undertakes to do so only in accordance with the provisions of applicable data protection law. The provider’s data protection declaration applies. By clicking on the button (“opt-in”) “I have read the data protection declaration and agree to its validity”, the user recognizes the data protection regulations as solely relevant and applicable to the legal relationship with the provider.

2. As part of a request from investigative authorities, the provider may be obliged to forward the necessary extent of the customer’s personal data, in particular the address, to the investigating authorities if it can prove that administrative offenses or criminal proceedings have been initiated.

3. Customers can find further information on personal data use and processing in the data protection declaration.

§ 11 Contract term and termination

The term of the usage contract is unlimited. The contract can be terminated by the customer or the provider with 14 days’ notice to the end of the month. The right to extraordinary termination remains unaffected. The termination must be made in text form and should be addressed to the provider at help@codressing.store.

§ 12 Other provisions

German law applies. The contract language is German. There are no additional verbal agreements. The customer agrees that contract-related communication can take place in electronic form. The legal invalidity of individual parts and provisions of these general terms and conditions of business and use does not affect their validity. The place of jurisdiction for all disputes between the provider and the customer is Berlin, unless the customer has a general place of jurisdiction in Germany or he moves his place of residence or habitual residence abroad after conclusion of the contract or his place of residence or habitual residence is not known at the time the action is filed or if the customer is a registered merchant or a legal entity under public law or a public special fund.

§ 13 Consumer arbitration

The provider will not take part in a dispute resolution procedure before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act (VSBG) and is not obliged to do so.

Part 2 – Special terms of use for the rental of fashion items by the provider

§ 1 General functionality when renting by the provider

After registration, the customer has the opportunity to select the items of clothing presented on the provider’s website in order to rent them. It is also possible to purchase these items of clothing after rental and subject to availability (Part 3 of these Terms and Conditions).

§ 2 Conclusion of contract

The presentation of the goods by the provider does not constitute a binding offer. Only the ordering of the goods by the customer is a binding offer in accordance with Section 145 of the German Civil Code (BGB).

The customer can select fashion items to rent from the provider’s range and collect them in a so-called shopping cart using a button. Using another button, he makes a binding offer to rent each individual fashion item in the shopping cart for a specific period of time at a specific price. The prices are shown per day. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be made and transmitted if the customer has accepted these general terms and conditions and the data protection declaration and thereby included them in his offer. The customer confirms this when submitting the order.

After placing the order, the customer will be asked to pay by credit card. If the payment process and the corresponding identity check are successful and confirmed to the provider, the customer will receive an automated confirmation by email from the provider in which the customer’s order is listed again. This confirmation represents acceptance of the offer and the contract is thereby concluded.

§ 3 Duration of the rental agreement and shipping dates

1. The rental agreement begins on the day the customer receives the fashion item, but at the earliest on the desired rental start date chosen by the customer. The rental period must begin no later than two weeks after the order was placed.

2. The minimum rental period is 2 days.

3. The rental agreement ends at the end of the last day of the rental period selected by the customer. The customer must return the goods to the provider no later than the working day following the last day of the rental agreement. If the last day of the rental period is a Sunday or a public holiday (public holiday within the meaning of federal and state regulations), the obligation to return the item is postponed to the following working day.

For each day of delay, the customer must pay the provider a usage compensation amounting to the daily rental price plus a further €10.00 including statutory sales tax. The assertion of further damages remains unaffected.

If there is a delay of more than seven days, the provider is also entitled to terminate the contract. In this case, the provider is also entitled to withhold the full amount of the security deposit. Part II § 9 No. 2 and 3 of these conditions regulates further details.

4. Return in accordance with the contract is generally only possible in accordance with the return conditions in accordance with Part II § 7 of these conditions.

5. The customer can extend the rental agreement during the rental period. The provider informs the customer of this by email before the end of the rental period.

6. The extension can take place until the rental price has reached the displayed value of the fashion item. As soon as the total rental price to be paid and paid has reached the value of the fashion item, the provider permanently waives its right to return the fashion item and informs the customer accordingly by email. In this case, the provider and the customer agree that ownership of the fashion item is transferred to the customer, § 929 sentence 2 BGB.

7. If the customer continues to use the rental property after the rental period has expired without extending it himself, the rental agreement is not deemed to have been tacitly extended.

§ 4 Special regulations for shipping for rented fashion items

The fashion item will be dispatched within national borders after full payment has been made no earlier than five days before the start of the rental agreement. For cross-border shipping, shipping takes place at the earliest seven days before the start of the rental agreement.

§ 5 Condition and size of the fashion item and exclusion of rights based on defects

1. The fashion items offered are new or used, the respective condition is marked according to the following categories:

very good – for new goods, as good as new and well-maintained goods

good – fashion item worn a few times in well-maintained condition with only minor signs of wear

correct – for frequently worn fashion items that show signs of wear

2. The customer receives the rented fashion item in a washed and, depending on the nature of the fashion item, also otherwise cared for. The rented fashion item is always provided with an additional label from the provider.

3. Upon receipt of the rented fashion item, the customer must ensure that there are no defects that have not already been identified and are therefore deemed to correspond to the contractual condition. If there is a defect that was not previously identified by the provider upon receipt of the fashion item or if a defect becomes apparent during use by the customer, the customer must inform the provider of this immediately. When the item is returned, the provider will decide based on the condition of the fashion item whether and, if so, to what extent, payments already made can be refunded.

4. Any rights the customer may have to a rent reduction or compensation due to defects in the rental property are hereby excluded. This exclusion does not apply to damage caused intentionally or through gross negligence by the provider. The exclusion also does not apply in the event of culpable injury to life, limb or health or in the case of fraudulently concealed defects.

§ 6 Terms of Use

1. The customer is obliged to treat the garment with care. He is prohibited from making any changes to the garment or intentionally damaging the garment. The customer is also obliged to protect the rental property against access by unauthorized third parties.

2. The customer does not need to wash the fashion item. If you do this at your own request, for example if you use it multiple times and have a longer rental period, you must strictly follow the relevant cleaning instructions included with the fashion item.

3. The following uses in particular are considered unauthorized use:

– Use by people who have not yet reached the age of 18

– Use for subletting

– Use for commercial purposes, such as advertising photos, film recordings and other advertising purposes

4. If the customer leaves the use of the fashion item to a third party, he is responsible for culpable actions of the third party that are related to the transfer of use and the rental agreement.

5. In the event of unauthorized use, the provider is entitled to prohibit further use and to terminate both the individual rental agreements with the customer and the usage relationship as a whole. In addition, the provider may be entitled to claim damages.

§ 7 Return conditions

1. The items of clothing must be returned or handed over to the provider. The customer must carry out the packaging using the packaging material provided by the provider.

2. If the returned rental item is damaged due to culpable, improper use by the customer, the customer must bear the corresponding costs for repairing the damage. The provider is not obliged to give the customer the opportunity to repair the damage to the rental property.

§ 8 Special payment conditions

When ordering the fashion item to be rented, the customer pays the provider the rental price as an advance payment, the amount of which is calculated based on the selected rental period. This payment will be offset against any other claims.

§ 9 Security deposit

1. When ordering the fashion item to be rented, the customer provides the provider with a security deposit in the amount of the amount indicated in relation to the respective fashion item, which corresponds to the value of the fashion item, to secure the provider’s claims.

2. If, after the rental agreement has ended and the returned fashion item has been examined by the provider within a reasonable inspection period, it emerges that the provider still has outstanding claims from the rental agreement, these will be offset against the rental security. If there are no longer any claims from the rental agreement, the rental security will be refunded to the customer. The security deposit is particularly required in the event of damage or late return of the fashion item. In the event of a delay within the meaning of Part II § 3 No. 3 of these conditions of seven days or more and the provider terminates the contract as a result, the provider is entitled to withhold the full amount of the security deposit.

3. In addition, when renting a fashion item that is available exclusively for rental purposes, the customer provides a further security deposit of €10.00 with regard to the packaging material used by the provider and to be used for return by the customer. This security deposit will be returned if the packaging material is properly returned to the provider when the fashion item is returned.

4. The provider is not obliged to invest the respective security deposit separately from its assets. The respective security deposit does not bear interest. Deposit payments are not subject to VAT due to the lack of exchange of services.

§ 10 Liability of the customer and insurance

1. The customer is liable to the provider for damages for which he is responsible resulting from loss or damage to the rented fashion item.

2. If a fashion item is stolen during the rental period, the customer must immediately inform the provider. In this case, the security deposit is adhered to by the provider.

3. The customer is responsible for any insurance of the rented fashion item during the rental period.

§ 9 Revocation

Right of withdrawal

If the customer is a consumer within the meaning of Section 13 of the German Civil Code (see also Part 1, Section 1.4 of these General Terms and Conditions), he has the right to cancel the contract within fourteen days of the conclusion of the contract without giving reasons.

In order to exercise his right of withdrawal, the customer must inform the provider of his decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or an email). He can use the attached model cancellation form, although this is not mandatory.

The revocation must be sent to:

Address: CODRESSING, New York USA

If the declaration of revocation is sent by email, it must be sent to:

E-Mail-Address: help@codressing.store

In order to meet the cancellation period, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If the customer withdraws from the contract, the provider will pay him all payments received from him, including delivery costs (with the exception of the additional costs resulting from the customer using a different type of delivery than that offered by the provider, has chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which the customer’s notification of the cancellation of the contract was received by the provider. For this repayment, the provider uses the same payment method that the customer used in the original transaction, unless something different was expressly agreed with him; In no case will the customer be charged any fees for this repayment.

The provider may refuse repayment until he has received the goods back or until the customer has provided evidence that he has sent the goods back, whichever is the earlier.

The customer must return or hand over the goods immediately and in any case no later than fourteen days from the day on which he informed the provider of the cancellation. The return must be sent to the following address:

CODRESSING AND

Rosenthaler Strasse, 40-41, Hackesche Höfe, Hof VII, 10178 Berlin

The deadline is met if the customer sends the goods before the fourteen day period has expired.

The following applies to the return shipping costs: If the customer uses a return label provided by the provider, the return shipping is free of charge for him. The provider includes a return label with every package. New or additional return labels can be requested at any time from the provider’s customer service (help@codressing.store). If the customer does not use the provider’s return label, he or she must bear the direct costs of the return.

The customer only has to pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the goods.

If the customer has requested that the services begin during the cancellation period, he must pay the provider an appropriate amount corresponding to the proportion of the services up to the point in time at which the customer informs the provider of the exercise of the right of cancellation with regard to this contract, services already provided compared to the total scope of services provided for in the contract.

– End of revocation –

Sample cancellation form

If the customer wants to revoke the contract, he can fill out the following form and send it back to the provider. However, the form is not mandatory.

– CODRESSING New York, help@codressing.store

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

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notification)

– Datum

_______________________________

(*) Delete what is not applicable.

Part 3 – Special terms of use for the sale of fashion items by the provider

§ 1 Fashion item with purchase option

The customer can only purchase fashion items that he has previously rented from the provider. In addition, fashion items that are marked accordingly can be purchased as part of special campaigns such as clearance sales.

§ 2 Conclusion of contract

If the customer intends to purchase a previously rented fashion item, they must log in to the platform again. If the item is available for purchase and for fashion items that are offered for sale as part of special promotions such as clearance sales, the following applies:

The customer can select fashion items to rent from the provider’s range and collect them in a so-called shopping cart using a button. Using another button, he makes a binding offer to purchase each individual fashion item in the shopping cart. For previously rented fashion items, any rental payment that has already been made will be taken into account in the price displayed. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be made and transmitted if the customer has accepted these general terms and conditions and the data protection declaration and thereby included them in his offer.

After placing an order, the customer will be asked to pay by credit card. If the payment process is successful and is confirmed accordingly to the provider, the customer will receive an automated confirmation by email from the provider in which the customer’s order is listed again. This confirmation represents acceptance of the offer and the contract is thereby concluded.

§ 3 Retention of title

The delivered goods remain the property of the provider until full payment has been made.

When the customer returns the fully paid goods as a result of exercising a right of withdrawal, ownership of the goods passes back to the provider.

§ 4 Warranty for defects

Subject to the following regulations, the provider is liable for defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB.

The warranty obligation for consumers is two years. For used goods, the warranty period for consumers is i. S.v. § 13 BGB limited to one year. The warranty period begins when the customer receives the fashion item.

The provider is not liable for defects in the goods delivered that were caused by the goods being handled improperly or changed in a way not approved by the provider. The same applies if the customer has not followed the regulations regarding the treatment and care of the goods (e.g. washing or drying instructions).

§ 5 Liability

The provider’s liability for damages is limited as follows:

If essential contractual obligations were simply negligently violated by the provider, he is only liable to a limited extent for the foreseeable damage that is typical for the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible, whose violation jeopardizes the achievement of the purpose of the contract and whose compliance the purchaser regularly relies on, so-called “cardinal obligations”.

The provider is not liable for the slightly negligent breach of non-essential obligations.

The aforementioned exclusion of liability does not apply in cases of mandatory legal liability (in particular under the Product Liability Act) or in the case of the assumption of a guarantee or in the event of culpable injury to life, body or health.

The limitation of liability also applies to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.

The customer is obliged to take appropriate measures to prevent and mitigate damage.

§ 6 Revocation

Right of withdrawal

In order to exercise his right of withdrawal, the customer must inform the provider of his decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or email). He can use the attached model cancellation form, although this is not mandatory.

The revocation must be sent to:

Address: CODRESSING New York, USA

If the declaration of revocation is sent by email, it must be sent to:

E-Mail-Address: help@codressing.store

In order to meet the cancellation period, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If the customer withdraws from the contract, the provider will pay him all payments received from him, including delivery costs (with the exception of additional costs resulting from the customer using a different type of delivery than that offered by the provider, has chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which the customer’s notification of the cancellation of the contract was received by the provider. For this repayment, the provider uses the same payment method that the customer used in the original transaction, unless something different was expressly agreed with him; In no case will the customer be charged any fees for this repayment.

The provider may refuse repayment until he has received the goods back or until the customer has provided evidence that he has sent the goods back, whichever is the earlier.

CODRESSING AND

Rosenthaler Strasse, 40-41, Hackesche Höfe, Hof VII, 10178 Berlin

The deadline is met if the customer sends the goods before the fourteen day period has expired.

The customer only has to pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the nature, properties and functionality of the goods.

– End of revocation –

Sample cancellation form

If the customer wants to revoke the contract, he can fill out the following form and send it back to the provider. However, the form is not mandatory.

– CODRESSING, New York, USA, help@codressing.store

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

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notification)

– Datum

_______________________________

(*) Delete what is not applicable.

Part 4 – General terms and conditions of use for the brokerage services on the CODRESSING platform

§ 1 Description of services

The provider offers brokerage services (“brokerage services”) using the CODRESSING platform (“platform”), on which customers (“landlord-customer”) make rental offers (“offer”) for fashion and clothing items (“items”) for rent offered without and with a purchase option and can be rented by another customer (“tenant-customer”) and purchased if the purchase option is exercised. Furthermore, other article-related content can be published on the platform, provided that its offer, purchase or publication does not violate legal provisions or these General Terms and Conditions.

§ 2 Contractual relationships

1. The provider does not offer any items as part of the provision of the brokerage services and does not become a contractual partner in the contracts concluded exclusively between customers using the provider’s brokerage service.

2. The provider provides services to customers by providing them with an offer format and functions on the platform so that contracts can be initiated and concluded using the brokerage services. The provider checks the condition of the landlord-customer’s item based on the photographs submitted. The landlord-customer can then post an item directly on the provider’s platform after the item has been checked and approved by the provider.

For these services provided by the provider in connection with the operation of the platform, the landlord-customer must pay a service fee if he or she concludes a contract with a tenant-customer (see Section 3, Section 1 below for the conclusion of the contract).

3. The provider offers its customers brokerage services within the meaning of brokerage law. In the event that a rental agreement and/or purchase agreement is concluded between the landlord-customer and the tenant-customer, the client and therefore the contractual partner of the provider is the tenant-customer (for the conclusion of the contract, see Part 4 § 3 Number 2 below).

4. The provider only promotes the platform and its services and for this purpose provides third parties with access to the customer’s content so that they can promote the content on websites, in software applications and in emails.

§ 3 Conclusion of contract

1. With regard to the conclusion of the contract for the services between the provider and the landlord-customer, the following applies:

The provision of the provider’s order form to be filled out by the landlord-customer for the listing of his item represents a binding offer by the provider to conclude a paid service contract with the proviso that a service fee only applies if a rental agreement is concluded between the tenant-customer and the Landlord-customer comes into being.

By clicking on the “A” “RENT OUT MY ITEMS” button , the landlord-customer accepts the provider’s offer to conclude the paid service contract.

2. With regard to the conclusion of the contract for the brokerage services between the provider and the tenant-customer, the following applies:

Providing the order form to be filled out by the tenant-customer represents a binding offer by the provider to conclude a paid brokerage contract.

By clicking on the “B” “CONFIRM MY ORDER” button , the tenant-customer accepts the provider’s offer to conclude the brokerage contract.

3. With regard to the conclusion of the contract between the customers, the following applies:

The presentation of the item by the landlord-customer on the provider’s platform does not constitute a binding offer from the landlord-customer. Only the ordering of the goods by the tenant-customer is a binding offer in accordance with Section 145 of the German Civil Code (BGB).

The tenant-customer can select fashion items from the landlord-customer range and collect them in a so-called shopping cart using the “ADD TO MY BASKET” button. Using the additional button “CONFIRM MY ORDER” he makes a binding offer to rent each individual fashion item in the shopping cart. Before sending the order, the tenant-customer can view and change the data at any time. However, the offer can only be made and transmitted if the tenant-customer has accepted these general terms and conditions and the data protection declaration and thereby included them in his offer.

After placing an order, the renter-customer will be asked to pay by credit card. If the payment process is successful and is confirmed accordingly to the landlord-customer, the tenant-customer will receive an automated email order confirmation from the landlord-customer via the provider’s platform, in which the tenant-customer’s order is listed again. This order confirmation represents acceptance of the offer and the contract is thereby concluded.

4. The landlord-customer can also add a purchase option to offers. This option can be exercised by the tenant-customer. By clicking on the “C” “I KEEP THE ITEM” button , the tenant-customer accepts the landlord-customer’s offer to conclude the purchase contract.

§ 4 Termination of contract

With regard to the termination of the contract for the services and the contract for the brokerage services, the above provisions of Part 1, Section 11 of the General Terms and Conditions apply.

§ 5 Service and brokerage services of the provider

1. Before publishing the offer on the platform, the provider checks the item posted by the landlord-customer based on photographs submitted by the landlord-customer to see whether it meets the provider’s standards in terms of quality, condition and fashion trend. The provider is free to reject the landlord-customer’s article and refuse to publish it on the platform. The landlord customer receives an email notification. The provider is not obliged to provide reasons for the rejection.

2. The provider checks the condition of the item based on the photographs of the landlord-customer and assesses the condition according to the following standards (“condition assessment”):

● Very good: New or as good as new, very good and well-maintained condition

● good: Lightly worn, in good condition, with very minor signs of wear

● Correct: Often worn with visible signs of wear

The condition assessment of the item is subject to the sole assessment of the provider; customers have no right to a specific condition assessment. The provider is not obliged to provide reasons to the customer regarding the condition assessment.

The condition assessment of the item by the provider is published on the platform.

3. The provider has the right to technically process offers and other content from customers so that they can also be displayed on mobile devices or software applications of the provider or third parties.

4. Offers and other customer content published via the brokerage services do not represent the opinion of the provider and are generally not checked by the provider for their legality, accuracy and completeness.

5. The provider can link the use of the brokerage services or individual functions of the brokerage services or the extent to which individual functions can be used to certain requirements, such as: B. Checking the registration data, duration of use, status of the rating profile (including detailed landlord-customer ratings), payment behavior or the presentation of certain evidence (e.g. proof of identity, purchase, payment or ownership), whereby the above List is not exhaustive.

6. The provider has the right, under certain conditions, to restrict the offer and acceptance activities of customers in connection with the conclusion of rental and purchase contracts and, in particular, to make the continued use of the platform dependent on further conditions such as prior verification.

7. Customers are only entitled to use the brokerage services within the scope of the current state of the art. The provider has the right to temporarily restrict its services if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical measures and if this serves to ensure the proper or improved provision of the services (maintenance work). Deadlines for accepting offers that end during such maintenance work will not be extended, although contracts cannot be concluded during this period. In these cases, the provider takes into account the legitimate interests of the customers, such as: B. through advance information via email. The provisions of Part 4, Section 9 of these General Terms and Conditions (limitation of liability) remain unaffected by the above regulation. If an unforeseen system failure hinders the use of the brokerage services, customers will be informed in an appropriate manner.

8. It is the customer’s sole responsibility to ensure that he can legally rent and/or sell the items offered, that his offers and content (particularly images and other information) are lawful and do not violate the rights of third parties.

The customer undertakes to refrain from offering or advertising items on the platform whose rental, sale, rental or purchase violates legal regulations, the rights of third parties or common decency.

The provider expressly reserves the right to make the rental and/or sale of items subject to conditions that go beyond the statutory provisions.

The landlord customers are obliged to place their items in the appropriate category and to describe them correctly and completely using words and pictures. The landlord-customer undertakes to truthfully state all properties and features that are essential for the rental and/or purchase decision, as well as errors that reduce the value of the goods offered.

9. The item description and the images used may only refer to the item offered. Advertising for items not offered via the platform is not permitted.

10. In addition to the rental price and/or sales price, customers are not allowed to claim any fees such as PayPal fees or commissions.

11. Customers may not use addresses, email addresses and other contact details that they received through the use of the provider’s services for any purposes other than for contractual and pre-contractual communication. In particular, it is prohibited to resell this data or use it to send advertising unless the respective customer has expressly agreed or objected to this in advance in accordance with the applicable legal provisions.

12. It is the sole responsibility of the customers to archive the information that can be viewed using the provider’s services and/or stored by the provider and which they need for the purposes of preserving evidence, accounting or for other purposes, on a storage medium that is independent of the provider.

13. Customers are not allowed to block, overwrite or modify any content generated by the provider or other customers or interfere with the provider’s services in any other way.

§ 6 Measures in the event of unlawful and/or contractual behavior by customers

1. The provider has the right to take the following measures if there are concrete indications that a customer is violating legal regulations, third-party rights or general terms and conditions or if the provider has another legitimate interest in protecting the customer from fraudulent activities:

Deleting offers, articles, reviews or other content
Warning customers
Delaying the publication of articles and other content
Restriction on the use of the provider services
Temporary and/or suspension of a customer account

When choosing a measure, the provider will take into account the legitimate interests of the customer concerned.

2. If there is an important reason within the meaning of Section 314 Paragraph 1 of the German Civil Code (BGB), the provider has the right to immediately and permanently exclude the customer from using the provider’s services and to block his or her account (“blocking”). This is particularly the case in the following cases:

● in the case of repeated negative reviews or low landlord customer ratings and if blocking is necessary to protect the interests of other customers,

● if you provide false information about the customer’s identity

● if incorrect contact details are provided

● if the item information is incorrect

● when granting and/or transferring access data to third parties

● if other customers are harmed

● when posting illegal content when using the chat function

● in the event of repeated violations of the law and/or violations of contracts/terms and conditions

● for violations of the Terms of Use

After a customer has been definitively excluded from using the provider’s services in the aforementioned sense, there is no right to have the blocked account or the rating profile restored.

The provider reserves the right to charge a flat rate for deleting articles or other content or for blocking customers if the customer is responsible for the violation, unless the customer proves that there was no damage at all or arose at a significantly lower level. The provider may also charge a fee for reactivating a blocked account. The flat rate fee is €20.00.

The parties’ right to termination remains unaffected by the right to block.

If a customer has been blocked or the user contract has been terminated by the provider, this customer may no longer use the provider’s services with other customer accounts and may not log in again.

Blocking or termination has no impact on the effectiveness of contracts between customers that have already been concluded through the provider’s brokerage services.

§ 7 Remuneration/Commission

1. The service fee due for the provision of the services in accordance with Part 4, § 2 Number 2 of the General Terms and Conditions is to be paid by the landlord-customer and amounts to 5% of the gross rent owed in accordance with the rental agreement between the tenant-customer and the landlord-customer .

2. The provider’s brokerage services are chargeable and must be paid by the tenant-customer. If a rental agreement for an item is concluded between the landlord-customer and the tenant-customer, the tenant-customer must pay the provider a brokerage commission of 20% of the gross rent, which is in accordance with the rental agreement between the tenant-customer and the landlord-customer is owed.

3. If the landlord customer uses the provider’s concierge service, Part 5, Section 3 of the General Terms and Conditions applies to the remuneration to be paid for this.

4. The service fee and the brokerage commission are due for payment immediately and can be paid using the payment methods accepted by the provider. The payment terms apply in accordance with Part 1 of the General Terms and Conditions above.

5. The provider reserves the right to change the amount of service fees and/or agency commissions at any time. Price changes will be communicated to customers in good time before they come into effect.

§ 8 Reviews

1. After carrying out a legal transaction, customers can rate each other in a publicly accessible manner. Tenant customers can also evaluate individual aspects of a landlord customer’s performance via the detailed landlord customer reviews. The reviews are not checked by the provider and may be inaccurate or misleading. The reviews posted are customer content and therefore third-party content for the provider. The content is not checked by the provider and may be inaccurate or misleading.

2. Customers are obliged to provide only truthful information in the reviews submitted. Reviews containing unlawful information are not permitted. The reviews submitted by customers must be factual and must not contain any abusive criticism.

3. Any improper use of the rating system is prohibited. In particular it is prohibited:

● give reviews about yourself or have them made by third parties,

● to include circumstances in assessments that are not related to the execution of the transactions in question,

● use reviews for any purpose other than trading through the Provider Services,

● to coerce other customers into an action, tolerance or omission by threatening to submit or not submit a review.

4. The provider can remove reviews from users at any time that do not comply with the above provisions.

§ 9 Liability/Indemnification

1. The provider’s liability is excluded for all claims that customers assert in relation to other customers due to violation of any rights caused by rental offers and/or purchase offers and other content made by the customer via the brokerage services or due to the customer’s other use of the provider’s services . In particular, any liability of the provider under rental law and/or sales law is excluded. This applies with regard to the condition of the items offered for rent and/or purchase by the customers as well as with regard to the fulfillment/non-fulfillment of the rental contract and/or purchase contract performance obligations that arise from the contracts concluded by the customers.

2. The customer releases the provider from all claims that other customers or other third parties have against the provider due to violation of their rights by offers and other content posted by the customer via the intermediary services or due to the customer’s other use of the provider’s services. The customer assumes the costs of the provider’s necessary legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to immediately, truthfully and completely provide the provider with all information required to examine the claims and defend them.

§ 10 Chat

1. The provider provides customers with a chat function on its platform for use in order to communicate directly with each other online using written text in real time about the customers’ items and the processing of the rental and purchase contracts concluded by the customers.

2. The content posted is customer content and therefore third-party content for the provider. The content is not checked by the provider and may be inaccurate or misleading. Any improper use of the chat function by the customer is prohibited. In particular, customers are not allowed to post any content

● infringes, misappropriates or violates the rights of Provider, other customers or other persons (including privacy and publicity rights, intellectual property rights or other proprietary rights);

● that is unlawful, obscene, abusive, threatening, intimidating, harassing, hateful, racially or ethnically objectionable, or incites or encourages conduct that would be illegal or otherwise inappropriate, including glorifying violent crime;

● involves publishing falsehoods, misrepresentations or misleading statements;

● imitates someone;

● involves sending illegal or unauthorized communications such as bulk messaging, auto-messaging, auto-dialing and the like; or involves non-private use.

3. If the provider receives positive knowledge of the illegality of content, the provider will immediately take measures to delete the content.

§ 11 Revocation

Right of withdrawal

If the customer is a consumer within the meaning of Section 13 of the German Civil Code (see also Part 1, Section 1, Number 5 of these General Terms and Conditions), he has the following legal right of withdrawal:

Right of withdrawal

The customer has the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days and begins with the conclusion of the contract.

In order to exercise his right of withdrawal, the customer must inform the provider of his decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or email). He can use the attached model cancellation form, although this is not mandatory.

The revocation must be sent to:

Address: CODRESSING, New York, USA

If the declaration of revocation is sent by email, it must be sent to:

E-Mail-Address: help@codressing.store

In order to meet the cancellation period, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period has expired.

If the consumer revokes the contract for the brokerage services before the services have been fully provided, i.e. at a time when the right of revocation has not yet expired, the provider is entitled to compensation for the value up to the time of revocation if the right of revocation has been properly informed demand partial service provided.

By clicking the button “ I expressly request and at the same time agree that you start with the commissioned service before the cancellation period expires. I know that my right of cancellation expires if the contract is fully fulfilled .” the customer declares that he expressly requests that the provider begins the service before the cancellation period expires (§ 357 Paragraph 8 BGB)

Consequences of revocation

If the Customer withdraws from this contract, the Supplier will pay to the Customer all payments received by the Supplier, including delivery costs (except for additional costs resulting from the Customer choosing a method of delivery other than that offered by us, has chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which the provider received notification of your cancellation of this contract. For this repayment, the provider uses the same payment method that the customer used in the original transaction, unless something else was expressly agreed with the customer; In no case will the customer be charged any fees due to this repayment.

If the customer has requested that the services begin during the cancellation period, the customer must pay the provider an appropriate amount corresponding to the proportion of the services up to the point at which the customer informs the provider of the exercise of the right of cancellation with regard to this contract , services already provided compared to the total scope of services provided for in the contract.

– End of revocation –

Sample cancellation form

If the customer wants to revoke the contract, he can fill out the following form and send it back to the provider. However, the form is not mandatory.

– CODRESSING, New York, USA. help@codressing.store

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

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notification)

– Datum

_______________________________

(*) Delete what is not applicable.

Part 5 – General Terms of Use for the Provider’s Conciergerie Service

§ 1 Description of the Conciergerie Service

The provider offers a service package (conciergerie service) to customers who want to rent out their own fashion items without having to worry about the storage, care, rental and/or purchase contract and payment processing and shipping of the items themselves. As part of the conciergerie service, the provider offers the landlord-customer the following services:

A. Conciergerie BASIC services

● Receipt and storage of the item after it has been sent in by the landlord-customer

● Checking the item in terms of condition assessment (Part 4, § 2 Number 4)

● Conventional cleaning

● Dry cleaning if necessary

● Iron the item if necessary

● Posting the article on the platform

B. In the case of renting and/or selling the item, the provider provides additional services (Conciergerie PLUS services):

● Rental of the landlord-customer’s item by the provider

● Contract and payment processing by the provider

● The provider sends the item to the tenant customer

● Acceptance of the item by the provider after the rental has ended

● Re-storage/safekeeping and care of the item until the next rental

§ 2 Contractual relationships

1. The landlord-customer concludes a paid storage and agency contract with the provider for an agreed term, which includes the professional storage and care (cleaning and ironing service) of the item as well as the order to rent and/or sell the item in their own name by the provider. The provider handles contract and payment processing for its customers in connection with the rental and/or sale.

2. The provider concludes a rental agreement with the tenant-customer for the item in custody. The provisions of Part 2 of the General Terms and Conditions apply to this, unless the following provisions of Part 5 stipulate otherwise.

3. If the provider concludes a purchase contract with the tenant-customer for the item in custody, the provisions of Part 3 of the General Terms and Conditions apply, unless the following provisions of Part 5 stipulate otherwise.

§ 3 Conclusion of contract via the conciergerie service

1. The presentation of the conciergerie services by the provider on the platform does not constitute a binding offer from the provider. Only the ordering of the services by the landlord-customer is a binding offer in accordance with Section 145 of the German Civil Code (BGB).

The landlord-customer can select individual services from the provider’s range of services and collect them in a so-called shopping cart using a button “ADD TO MY BASKET” . Using another button “CONFIRM MY ORDER” he submits a binding offer for each individual service in the shopping cart. Before sending the order, the landlord-customer can change and view the data at any time. However, the offer can only be made and transmitted if the landlord-customer has accepted these general terms and conditions and the data protection declaration and thereby included them in his offer.

After placing an order, the landlord customer is asked to pay by credit card. If the payment process is successful and is confirmed accordingly to the landlord-customer, the landlord-customer will receive an automated email order confirmation from the provider in which the landlord-customer’s order is listed again. This order confirmation represents acceptance of the offer and the contract is thereby concluded.