GENERAL TERMS AND CONDITIONS
§ 1 SCOPE OF APPLICATION
The Wearness GmbH, Orffstr. 25,80637 Munich, Germany operates a website at www.thewearness.com (hereinafter referred to as "the wearness") through which consumers and companies ("users") can purchase articles in various shops. The website and the sales system is designed as an online marketplace, i. e. the wearness acts as an intermediary and provides a platform on which various providers ("sellers") can offer and distribute their products. The contract of sale, including all obligations and rights, is concluded exclusively between the user and the seller. the wearness is not a contractual partner and does not assume any responsibility for rights and obligations arising from the contract of sale.
§ 2 GENERAL GUIDELINES
the wearness stands for ethically produced fashion, beauty products and sustainable luxury. the wearness only works with manufacturers and designers who operate their businesses with respect for people and the planet and who meet three criteria: good, timeless design, impeccable quality and sustainable production methods. the wearness tries to enforce these criteria in every respect, despite all efforts, it is unfortunately not possible to check the products and other contents provided by the sellers - in particular information on sustainability, production routes and ingredients - for completeness and truthfulness.
§ 3 LICENSE AGREEMENT AND USER ACCOUNT
(2) The user shall, among other things, state his full name, e-mail address, address data and telephone numbers and create a password. All information must be accurate and truthful and must be updated by the user without delay when the information is changed. The user must treat all information connected with his user account confidentially, in particular he must never disclose the access data to his user account to third parties. If the user places an order without registering, he/she must provide this data when placing the order in order to ensure a smooth business process.
(3) The user account may not be used in any way that is not permitted within the scope of this contract, that causes damage to third parties, is abusive or violates applicable law. Furthermore, no safety precautions may be circumvented or modified either by the user or by third parties.
(4) The terms of delivery and return are provided by the respective seller, i. e. the amount of the shipping costs and who bears the costs of the return is determined there.
(5) Delivery shall be made by the Seller to the address indicated by the User; the delivery shall be accompanied by an invoice from the Seller.
(6) The payment process shall be carried out on the wearness via an external payment service; for further details, please refer to the data protection declaration.
(7) The payment methods offered at the moment are credit cards. Other payment methods follow.
§ 4 Order, purchase contract and payment processing
(1) An order by the user represents an offer to conclude a purchase contract, which is only concluded if this offer is accepted by the seller.
(2) Upon receipt of the order, the wearness will send a confirmation which lists the details of the order. This confirmation does not constitute an acceptance of the order, but merely means that the order has been received by the wearness. The order will be forwarded by the wearness to the respective seller, who will then accept the purchase offer bindingly or reject it if necessary. The dispatch of the item replaces an explicit declaration of acceptance.
(3) The sales contract comes off to the respective conditions of the salesman. Within the revocation period the user has the right of revocation and return. A corresponding revocation instruction can be found in the respective sales conditions of the seller and can be viewed directly on the platform the wearness via the seller's website as well as via the revocation information of the wearness. The revocation is to be addressed to the seller and the items are to be sent to the seller.
(4) The shipping and return conditions are provided by the respective seller, i.e. they specify the shipping costs and who bears the return costs.
(5) Delivery will be made by the Seller to the address indicated by the User and will be accompanied by an invoice from the Seller.
(7) Payment methods offered are credit card, Sofortüberweisung, SEPA direct debit and PayPal; if a payment is processed via PayPal, the current PayPal payment conditions apply.
§ 5 RATINGS AND COMMENTS
(1) Users may rate the article in public after the end of the purchase. The statements made in this context must be truthful and factual and must not be offensive, defamatory or otherwise harassing. Any improper use of the rating system is not permitted; in particular, others may not be threatened or lewd information disseminated.
(2) the wearness may, at its sole discretion and with due regard for the interests of all parties involved, decide whether an evaluation should be deleted and carry out this deletion.
(3) If the wearness incurs damage due to a user's improper evaluation behaviour, the user is obliged to compensate for this damage. In addition, he shall indemnify the wearness from any claims of third parties which the wearness may assert against the wearness on the basis of unreasonable evaluations or harassment.
§ 6 TERM AND TERMINATION OF THE CONTRACT OF USE
(1) The license agreement is concluded for an indefinite period of time. The user can terminate the contract at any time. The provisions of these Terms and Conditions of Use continue to apply to obligations that have not yet been completed until they are fully concluded.
(2) the wearness may temporarily block the user account or terminate the contract if the user violates the contractual obligations arising from this contract, in particular if the user repeatedly violates the requirements of the rating system according to § 5 or otherwise acts in breach of the law. As a result of the termination, the contractual relationship will be terminated and the user account on the platform will be deleted or blocked.
(3) Notice of termination must be given in text form; e-mails shall be in text form.
§ 7 COMPENSATION FOR DAMAGES
(1) The user shall exercise the greatest care in fulfilling his obligations under this contract. However, if the user violates one or more of these specifications and this impairs the seller, the user may be liable to pay damages to the seller.
(2) If the wearness incurs damage due to a breach of contractual obligations on the part of the user, the user shall also be liable to the wearness for damages.
§ 8 LIABILITY
(1) the wearness shall only be liable for gross negligence and wilful intent as well as for breach of essential contractual obligations, the fulfilment of which is necessary for the proper execution of the contract and on which compliance is regularly relied upon and may be relied upon ("cardinal obligation").
(2) In the event of a slightly negligent breach of contractual obligations, the liability of the wearness is limited to foreseeable, contract-typical damages.
(3) Insofar as liability is limited or excluded, this also applies to the liability of employees, representatives or vicarious agents.
(4) The aforementioned limitations or exclusions of liability shall not apply in the event of fraudulent concealment of defects or personal injury (violation of life, body or health). This does not entail a change in the burden of proof to the detriment of the other contracting party.
(5) The assignment of the sustainability icons to the respective vendors is based on the information the wearness receives from the vendors on the basis of a detailed questionnaire, in which, among other things, the manufacture, production routes and transport are queried. The icons do not represent a recognized seal or certificate and do not meet official standards.
(6) The platform of the wearness may contain links to external websites of third parties on whose contents the wearness has no influence. the wearness can therefore assume no liability for the correctness and legal admissibility of these external contents. The content of the linked websites is always the responsibility of their respective providers or operators. the wearness expressly does not adopt as its own the content that can be accessed via the reference or link. We cannot reasonably be expected to check the content of the linked pages without concrete indications of an infringement. The wearness will remove such links immediately upon becoming aware of any infringements.
(7) the wearness makes every effort to provide the platform or the online marketplace without interruption. However, since the wearness cannot, for example, guarantee the proper functioning of the Internet, servers and data transmission, there may be interruptions in access to the platform. Availability may also be interrupted from time to time for reasons of maintenance and improvement. the wearness endeavours to keep this to a minimum.
9 DATA PROTECTION
As far as the wearness receives personal data of the user within the scope of the services provided, this data will be used exclusively for the processing of the services. the wearness will at all times comply with the regulations of the Federal Data Protection Act when processing personal data. Further information on data processing by the website can be found in the data protection statements there.
§ 10 EXEMPTION / SUPPORT IN DISPUTES
(1) The user shall indemnify the wearness from all claims asserted by third parties relating to the infringement of their rights. This does not apply if the user is not responsible for the infringement.
(2) In the event of disputes with third parties, the user shall provide the wearness with all necessary information without delay and shall support the wearness to the best of its ability in defending the claim.
§ 11 FINAL PROVISIONS
(1) The user is not entitled to assign claims from this contract to third parties; § 354a HGB (German Commercial Code) remains unaffected.
(2) Amendments and additions to this agreement, including this written form clause, must be made in writing in order to become effective and must specify the exact term to be amended. The same applies to ancillary and additional agreements.
(3) Should a provision of this agreement be or become invalid in whole or in part, the invalidity of this provision shall not affect the validity of all other provisions of this agreement. The ineffective provision shall be replaced by a legally valid provision which, from an economic point of view, comes as close as legally permissible to the purpose of the ineffective provision.
(4) German law shall apply. The exclusive place of jurisdiction is the domicile of the wearness.