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Terms & Conditions
General Terms and Conditions for Buyers
General Terms and Conditions for the use of the services of The Real Luxury - For Buyers
The following specific terms and conditions ("Terms and Conditions for Buyers") apply to users who act as buyers on the website "www.therealluxury.com" and use the services of TheRealLuxury provided by and hereinafter referred to as "TheRealLuxury".
These General Terms and Conditions for Buyers (hereandafter referred to as the "Terms and Conditions") set out the details of the operations of TheRealLuxury and the TheRealLuxury website, www.therealluxury.com, in the segments of offering, marketing, buying and selling new, second-hand and limited edition fashion. Sellers are subject to additional Specific Terms and Conditions for the use of TheRealLuxury GMHB Services - For Sellers ("Seller Terms and Conditions"). The aforementioned Terms and Conditions and the General Terms and Conditions for Sellers are set out for each individual buying and selling process and, with the required preparatory measures such as the provision and presentation of the sale items, do not constitute the main agreement. The User accepts the validity of these Terms and Conditions each time he/she uses the Company's website (even when not in connection with a purchase or sale sub-process or preparatory actions). Disclaimers and/or additional special terms and conditions may apply to any special offers/promotions and other access options (for example, via apps) initiated or supported by TheRealLuxury.
1. Definitions
Terms used in these General Terms and Conditions for Customers shall have the following meanings:According to Article 13 of the German Civil Code, a consumer is any individual who enters into a transaction for purposes which are not primarily attributable to his or her professional activity (employee or self-employed).
According to Article 14 of the German Civil Code, an entrepreneur is any individual, entity or partnership with legal capacity acting in his or her professional capacity (employee or self-employed) when he or she carries out a transaction.
A buyer is a private or professional buyer (consumer or entrepreneur) who makes an offer to purchase a product offered by TheRealLuxury on TheRealLuxury's website or other distribution channel.
A Seller is a private or professional seller (consumer or entrepreneur) who instructs TheRealLuxury to offer, market and sell an item for sale.
A Sale Item is a new, used or limited edition product from a fashion designer that TheRealLuxury offers on behalf of the Seller on TheRealLuxury's website or other distribution channel.
User means a private or professional buyer or seller (consumer or business) of Sale Items on TheRealLuxury's website or other visitor to TheRealLuxury's website (for example, for the purposes of creating a user account).
2. General information
Through TheRealLuxury, a website operated by TheRealLuxury, TheRealLuxury offers a second-hand designer fashion shop. This website can be accessed via the Internet under the domain "www.therealluxury.com" and "TheRealLuxury.com". TheRealLuxury may - but is not obliged to - provide other means of accessing TheRealLuxury's website through links to other services, for example through so-called applications.Registered users, i.e. private and professional sellers and buyers of new or second-hand products, such as clothing, bags, shoes, accessories, jewellery or the like, may contract through this shop for the sale of products featured on TheRealLuxury.
While entering data or information, the user may correct or delete his/her entries by standard keyboard or mouse navigation.
Users registered on TheRealLuxury may act as sellers and/or as buyers of items for sale. Users registered as buyers with TheRealLuxury may view photographs and descriptions of the Sale Items on TheRealLuxury's website and make an offer to purchase the Sale Items displayed. The presentation of an item on TheRealLuxury's website indicates whether the seller is a professional or a private seller according to their details.
In each individual sale between Users, TheRealLuxury acts as an agent with the authority to enter into a contract for the relevant Seller (represented by TheRealLuxury as agent for the Seller), who, upon entering into a contract of sale with the Buyer, immediately sells and settles the outstanding receivable due from the Buyer to TheRealLuxury without the possibility of any monetary consideration (i.e., the Seller's claim against TheRealLuxury, without the Buyer's consent). Details are available in the General Terms and Conditions for Sellers. In exceptional circumstances, TheRealLuxury has the right to offer and sell its own items on the Website.
TheRealLuxury carries out visual inspections to determine whether the items sold are counterfeit and to determine their condition. There is no minimum period of use of TheRealLuxury's website. Contracts concluded through TheRealLuxury between the Buyer and the Seller (represented by TheRealLuxury) shall exclusively entitle and bind the respective Buyer and the Seller in respect of the Sale Item and any rights related thereto, in particular warranty claims, but shall exclude any assigned claim for the purchase price, unless TheRealLuxury is acting on its own behalf in relation to the Buyer.
The Buyer's direct contractual claims against TheRealLuxury in respect of the Sale Item shall not be valid unless TheRealLuxury is acting on its own behalf in relation to the Buyer. The relationship between the relevant Seller and TheRealLuxury does not constitute a contract for the benefit of or with a protective effect for third parties (in particular the Buyer).
All sales of pre-owned items are final. Returns, exchanges, refunds or cancellations are not possible. New items are exempt from this provision.
Depending on the use as a Seller or Buyer, different rights and obligations are defined for each User. Sellers are subject to additional terms and conditions for Sellers. If the Seller Terms set forth provisions for a Seller that conflict with the provisions set forth in these Seller Terms, the former shall prevail. Registration is only permitted for entities, partnerships and individuals with unlimited legal capacity. In particular, minors are not allowed to register on TheRealLuxury. Registration of an entity (e.g. a limited liability company) or any other company or association with its own legal personality (e.g. a limited liability company or an association) may only be carried out by an individual with a power of attorney whose name must be indicated. In addition, only single persons (i.e. not, for example, married couples, families or co-owners) may be named as the owner of a user account when registering.
The information requested by TheRealLuxury during registration must be provided in full and to the best of the user's knowledge. This includes name, current address (excluding POBs), valid email address and telephone number, as well as company and authorised representative where applicable. The user may also provide additional information and include a profile photo. If the information provided changes after registration, the user is obliged to update the relevant changes in his/her user account immediately.
When registering, the user must choose a username and password. The username must not consist of an e-mail or Internet address, must not infringe the rights of third parties - e.g. name rights or trademark rights - and must not offend common decency. The User is obliged not to disclose his/her access data to third parties (including, where applicable, persons of the same company or association who are not listed as authorised representatives) and to take appropriate measures to maintain the confidentiality of said data and to prevent the misuse of his/her user account by third parties (including, where applicable, persons of the same company or association who are not listed as authorised representatives). If the User has any indication that a third party is misusing or has misused his/her User Account (including, where applicable, persons of the same company or association not listed as authorised representatives), he/she is obliged to notify TheRealLuxury immediately, e.g. by sending an e-mail to the following address: info@therelaluxury.com.
TheRealLuxury will not disclose the User's password to any third party (including, where applicable, persons of the same company or association who are not listed as authorised representatives) and will never request the User's password by email or telephone. The user may also register on TheRealLuxury's website via Facebook Connect. In doing so, TheRealLuxury may access certain information on Facebook, such as the user's full name, user ID, email address, gender, date of birth, profile picture, friends list, and other information that is publicly available on the user's Facebook profile. Users take responsibility for all activities that take place with their user account. If a user is not responsible for the misuse of his/her user account, e.g. on the basis that no breach of existing due diligence is apparent, the user is consequently not liable.
TheRealLuxury reserves the right to delete user accounts or information provided in this respect for incomplete or terminated registrations at any time. This provision shall be without prejudice to sections 10 and 11 of these Terms and Conditions. TheRealLuxury shall have the right - but not the obligation - to delete a user account if the user has not accessed his/her user account for more than six months. TheRealLuxury will notify the User by email five business days before the expiry of the aforementioned period that the User Account will be deleted, unless the User accesses his/her User Account within the following five business days. A user with a deleted user account may re-register as a user.
In order to purchase a Sale Item on TheRealLuxury, a Buyer registered on TheRealLuxury may click on the "Add to Cart" button to place the selected Sale Item in his/her shopping cart. A shopping basket may contain sale items from one or more sellers, and these sale items may be from different professional or private sellers. This is the first step in the purchasing process and is not binding on either party. Before submitting a binding offer, the Customer shall have the opportunity to review all the information provided by the Customer and the Sales Items placed in the shopping basket and, if necessary, to correct and/or remove Sales Items from the shopping basket. The User does not submit a binding offer until the User clicks on the "Buy" button. After that, the customer receives a confirmation of receipt of the offer to purchase. This confirmation does not constitute acceptance of the Buyer's offer by TheRealLuxury on behalf of the Seller.
The contract of sale between the Buyer and the Seller is only concluded when TheRealLuxury expressly declares that it accepts the Buyer's offer on behalf of the Seller by sending the Buyer a shipping confirmation. If TheRealLuxury has not yet received the Sale Item at the time of the offer to purchase, up to 14 business days in Germany and up to 21 business days in all other countries of shipment may elapse between the offer to purchase and TheRealLuxury's acceptance of that offer on behalf of the Seller, due to delivery times and the time required by TheRealLuxury to inspect the Sale Item.
Outside the European Union or in difficult to reach areas, the period may be exceeded in individual cases. Until the Buyer has accepted his offer to purchase, he may withdraw it at any time without giving any reason by notifying TheRealLuxury in writing. An email to customer-support@therealluxury.com is sufficient; any payments made prior to the acceptance of the buyer's offer (TheRealLuxury acting on behalf of the seller) are subject to the conclusion of a contract of sale. If a contract of sale is not concluded (e.g. if an inspection of the sale item by TheRealLuxury, which is received by TheRealLuxury after the offer has been made, reveals that the sale item does not sufficiently correspond to the seller's information or that the sale item is a counterfeit), the payment will be refunded to the buyer. Interest on such payments is excluded. The Buyer's offer may be rejected without giving reasons. In this case, TheRealLuxury will notify the Buyer of the non-acceptance of his/her offer by e-mail.
Provided that TheRealLuxury is acting as a seller on its own behalf, the contract of sale between TheRealLuxury and the Buyer is directly concluded by the acceptance of the offer in the form of a confirmation of shipment sent by email by TheRealLuxury. The Buyer can find information on the current status of his purchases or offers in his user account. The 'Suggest a Price' function can be activated for certain sale items available on TheRealLuxury's website if the item has been on sale for more than seven days. By activating the Suggest a Price feature, a potential buyer can suggest a new, lower purchase price without any commitment.
The potential buyer may not propose a price lower than 50% of the fixed selling price. In addition, the proposed price may not fall below EUR 40. The potential buyer must indicate the price in euro.
If the price proposal is accepted, this corresponds to an offer at the new purchase price for the potential buyer concerned. The potential buyer then has 7 days to buy the product or the offer expires.
If the price proposal is not accepted, or if the buyer does not receive a response to the price proposal within 48 hours of submission, the price proposal expires and the potential buyer is entitled to submit other price proposals. Throughout this period, the sale item is available to other buyers at the original price on TheRealLuxury. TheRealLuxury offers voucher codes as part of marketing campaigns. Only the recipient of such coupon is eligible. No downloading is permitted. Only one voucher can be redeemed per order or contract.
The notice of cancellation must be sent to TheRealLuxury as agent of the Seller with the authority to enter into a contract in accordance with the section of these Conditions.
The Buyer shall have the right to withdraw from the Contract within fourteen days and without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party appointed by you, other than the carrier, take delivery of the goods. In the event of a recall, you can download the return label for each order under 'Orders' in your user profile. If a new return label is required, please send a request to our customer service to avoid unnecessary costs or returning products without a return label. If you take advantage of this option, we will send you an immediate confirmation (for example by email) to confirm receipt of the withdrawal. In order to ensure the cancellation period, it is sufficient to provide notice of the exercise of the right of cancellation before the expiry of the cancellation period.
If you wish to exercise your right of cancellation, you may also notify us as the Seller's agent of your decision to cancel this Agreement by an unequivocal statement. You may contact us (e.g. by letter sent by post, fax or e-mail), terminate your purchase using the refund function in your user profile or use the attached sample cancellation form, which is optional.
If you cancel this Contract, we must refund all payments we have received from you, including delivery charges (excluding any additional charges incurred after you have chosen a type of delivery other than the standard delivery offered by us), immediately and within fourteen days, but no later than the date on which we receive notice of your cancellation of this Contract. The refund will be processed using the same payment method used in the original transaction. In any event, no fees will be charged for this refund. We may refuse to refund payments until we have received the goods again or until you have provided proof that you have returned the goods, whichever is the sooner.
You must return or surrender the Goods immediately and in any event no later than fourteen days from the date on which you notify us of your cancellation of this Contract. The time limit is guaranteed if you send the goods before the end of the 14 day period. You must pay the direct costs of returning the goods. You will only be liable for any loss in value of the goods if that loss in value is attributable to any treatment not necessary to test the quality, performance and function of the goods. Professional sellers do not recognise a right of withdrawal for contracts concluded with consumers who are habitually resident in a non-EU country, unless national law provides for this to protect consumers.
The sale of a product purchased on TheRealLuxury website will automatically constitute acceptance of the terms and conditions of sale.
In the event that the seller is also a consumer within the meaning of Article 13 of the German Civil Code, the buyer has no right of withdrawal under applicable law. However, if the buyer does not like the purchased product, TheRealLuxury offers the option to return the product for a fee of 10% of the sale price within seven days in the event of a sale. During this period, the product must be reactivated in the user profile under the heading 'Orders'. By reselling the purchased product on TheRealLuxury website, the seller's terms and conditions will be automatically approved. As with Resale Channel B, the resale product itself remains the property of the seller. The Seller may only send the Sale Product to TheRealLuxury once it has received an offer to purchase from the Buyer.
Credit card (Visa / MasterCard / American Express)
Invoice payment (Germany, Austria and Switzerland only)
Installment payment (Germany only)
Sofortüberweisung (only in Germany, Austria and the Netherlands)
Prepayment (only in Germany, Austria and Italy; only for private sellers' products)
Giropay (only in Germany and Austria)
Paypal
iDEAL (only in the Netherlands)
Carte de Bleu (France only)
EPS (Austria only)
Carta Si / Postepay (Italy only)
Mr Cash (Belgium only)
TheRealLuxury reserves the right to exclude individual customers from particular payment options. If there is a contract of sale between the buyer and the seller (represented by TheRealLuxury), the buyer is obliged to pay the purchase price for the product sold. The purchase price is due immediately. A reservation for contingent payments made by the Buyer prior to the conclusion of the Contract shall be deemed null and void upon the conclusion of the Contract of Sale. Any right of cancellation under Section 4 of these Conditions shall remain unaffected. As the Seller's claim against the Buyer in respect of the purchase price of the Sale Item is assigned to TheRealLuxury by the terms of the Sale Contract, the Buyer shall be entitled and obliged to pay the Purchase Price solely to TheRealLuxury or to an individual appointed by TheRealLuxury. The method of payment chosen by the Purchaser shall determine the more detailed method of payment of the Purchase Price. If the Buyer opts for "instalment payment", he must check the address and creditworthiness of our partner Universum Payment Solution GmbH.
If the customer opts for "payment by invoice", the payment must be completed within 14 days after the order has been dispatched. Purchase on account is available in Germany and Austria. We reserve the right to offer purchases on account after successful address and credit history verification.
Some sale items are still in the seller's possession when the buyer offers to buy that sale item. The Seller shall be promptly notified of the Buyer's offer to purchase and shall require TheRealLuxury to ship the Sale Item to TheRealLuxury immediately, but in any event within five business days. Upon receipt of the Sale Item by TheRealLuxury, TheRealLuxury will first inspect the said Sale Item before it may accept the Buyer's offer (whereby TheRealLuxury acts as agent for the Seller). Therefore, the delivery time with TheRealLuxury may take up to 21 days. If the Sale Item cannot be delivered to TheRealLuxury within 21 working days of receipt of an offer to purchase or has not been delivered by the Seller to TheRealLuxury, TheRealLuxury reserves the right to reject the Buyer's offer by email or to notify the Buyer by email that the Sale Item has not yet been received. In the latter case, the Buyer may choose whether to commit to its offer for an additional 14 working days by notifying TheRealLuxury by email.
If the buyer does not reply to TheRealLuxury's enquiry as to whether the offer should be maintained within three working days, TheRealLuxury will assume that the buyer is no longer interested in maintaining its offer to purchase and the sales contract is not concluded. If no contract of sale is concluded, any payments already made by the buyer for the sale item will be refunded immediately. Sale Items that TheRealLuxury already has in stock are marked separately with a "Ready to Ship" label next to the product photo on TheRealLuxury's website. TheRealLuxury will normally dispatch these sale items to the buyer within 1-3 working days of receipt of the buyer's request to place a bid.
Delivery times are shown in the description of the Sale Item and may be up to 21 working days for Sale Items that are sent to TheRealLuxury only after the offer has been placed. Upon acceptance of an offer to purchase a Sale Item, said Sale Item will normally be dispatched within the next 1-3 working days after payment has been made.
The Buyer can view the current delivery status on TheRealLuxury's website. The delivery time in Germany does not normally exceed 7 working days. For international deliveries, the delivery time is usually no longer than 21 days. As a basic principle, the sale of the sale item is only made to the delivery address provided by the buyer in his/her user account. Deviations from the stated address must be specified separately with StyleRemains GmbH.
For deliveries of Sale Items by Seller to TheRealLuxury from an EU Member State or deliveries by TheRealLuxury to Buyer in an EU Member State, Seller or Buyer is responsible for compliance with the export and import regulations of the respective countries (e.g. for fur trimmings on Sale Items or special types of leather). TheRealLuxury accepts no liability in this respect. These regulations also apply to buyers outside the European Union. The Seller or, rather, the Buyer must obtain, in its own name and at its own expense, any official permits required for export or import. Importation of the Sale Items into the relevant country of destination may incur additional costs, fees or taxes which must be borne by the Seller or, rather, the Buyer. These costs cannot be deducted from the purchase price, nor do they constitute a right of retention of the sale items.
Registered users have the possibility to enter a text message (questions about the item) on the sale item page of TheRealLuxury. The question will be displayed with the username stored in the user account and, if applicable, with a profile picture and will be visible to all who access this page. The user agrees that the questions he/she asks may be published in another national language after translation by a translation program. The "Questions about the product" function is used to ask or answer questions about the product for sale.
This feature may not be used to infringe the personal rights, copyright, trademark rights or other rights of third parties, nor to insult, harass or threaten third parties, or to post comments/statements that are unconstitutional, obscene, immoral, discriminatory, political, ideological or glorify violence. In addition, the Feature may not be used to advertise - even free of charge - for other telemedia and/or companies, to solicit users to access other telemedia, or to disparage or disparage TheRealLuxury and/or any other company. The Feature may not be used to solicit buyer and seller to agree to purchase featured sale items outside of TheRealLuxury's website or to provide any private contact information.
TheRealLuxury is under no obligation to review questions before or after they are posted. However, TheRealLuxury may remove or edit questions in whole or in part at any time without notice or explanation and may suspend or permanently disable users from using the questions feature.
If third parties assert claims against TheRealLuxury based on the illegality of a Question or otherwise relating to a Question, the user of the account from which the Question was posted must promptly support TheRealLuxury in its legal defense and, at TheRealLuxury's first request, indemnify and hold TheRealLuxury harmless from and against any and all claims (e.g., legal fees and claims for damages) made by third parties against TheRealLuxury. Further claims by TheRealLuxury against the User shall remain unaffected.
TheRealLuxury shall be liable to the user as follows:
in all other cases, only in the event of culpable breach of essential contractual obligations which must be fulfilled in order to fulfil the purpose of the contract and on which the seller could therefore rely, and also only for foreseeable damages specific to the contract.
The mandatory consumer protection provisions in the country of the consumer's main residence at the time of conclusion of the contract remain unchanged.
GS GOLD D.O.O. Šmartinska cesta 152, 1000 Ljubljana, Slovenia
or info@therealluxury.com
If the user cancels the use of TheRealLuxury's website, TheRealLuxury will immediately delete the corresponding user profile. At the time of cancellation, the cancellation of the use does not affect the obligations of the user that have already arisen prior to the cancellation of the use in connection with concluded or initiated sales contracts relating to the product for sale (e.g. the obligation of the buyer to have already submitted offers to purchase).
TheRealLuxury shall have the right to give extraordinary notice of cancellation of the User's use of TheRealLuxury's website at any time for any reason. TheRealLuxury's reason applies in particular to:
Attempted sale of counterfeit or otherwise infringing goods via TheRealLuxury's website, attempting to sell goods belonging to third parties without permission via TheRealLuxury's website, attempting to sell pornographic, racist, inflammatory, unconstitutional logos or labels of unconstitutional and/or otherwise illegal organisations, attempting to sell or selling sale items and/or buying or purchasing sale items already listed on TheRealLuxury's website so as to circumvent TheRealLuxury's website, abuse of the communication facilities on TheRealLuxury's website, to offend, harass or threaten third parties, disseminate immoral, obscene political or ideological information or information that glorifies violence or endangers minors, breach of material contractual obligations under the use of TheRealLuxury's website to TheRealLuxury and/or other users, TheRealLuxury will shut down TheRealLuxury's website, materially change its orientation or materially limit its functionality.
TheRealLuxury has the right to restrict access to TheRealLuxury's website, in whole or in part, temporarily or permanently for individual users or in general, or to terminate TheRealLuxury's website at any time. This applies in particular to cases of improper use of TheRealLuxury website by the user as a defence against malware and other dangerous instruments (e.g. Trojans, viruses), but also to protect his/her own interests. TheRealLuxury reserves the right to charge the User for the costs arising from blocking/restriction and unblocking, for which the Seller is responsible. The amount of these costs shall be calculated at the discretion of the fairness judge, taking the actual costs into account (Section 315 of the German Civil Code). The user is free to prove that TheRealLuxury has not actually incurred any costs or less.
TheRealLuxury website is operated and maintained by TheRealLuxury. TheRealLuxury will endeavour to make TheRealLuxury website accessible to users and the public with an annual average uptime of 95%. Downtime used to improve, redesign and/or optimise TheRealLuxury's website (e.g. software updates, security enhancements, redesign or optimisation of content and presentation) and technical measures' (e.g. server maintenance) are not counted towards the aforementioned annual average. The User is not entitled to allow TheRealLuxury to make TheRealLuxury's website available at all times and/or without any changes.
The Real Luxury SRL
Via del Lauro 9
20121 Milano
Italy
3. User registration / account deletion
TheRealLuxury website requires sellers and buyers to register as users and create a user account associated with that registration. User accounts are not transferable. A seller or buyer may only create one user account.Depending on the use as a Seller or Buyer, different rights and obligations are defined for each User. Sellers are subject to additional terms and conditions for Sellers. If the Seller Terms set forth provisions for a Seller that conflict with the provisions set forth in these Seller Terms, the former shall prevail. Registration is only permitted for entities, partnerships and individuals with unlimited legal capacity. In particular, minors are not allowed to register on TheRealLuxury. Registration of an entity (e.g. a limited liability company) or any other company or association with its own legal personality (e.g. a limited liability company or an association) may only be carried out by an individual with a power of attorney whose name must be indicated. In addition, only single persons (i.e. not, for example, married couples, families or co-owners) may be named as the owner of a user account when registering.
The information requested by TheRealLuxury during registration must be provided in full and to the best of the user's knowledge. This includes name, current address (excluding POBs), valid email address and telephone number, as well as company and authorised representative where applicable. The user may also provide additional information and include a profile photo. If the information provided changes after registration, the user is obliged to update the relevant changes in his/her user account immediately.
When registering, the user must choose a username and password. The username must not consist of an e-mail or Internet address, must not infringe the rights of third parties - e.g. name rights or trademark rights - and must not offend common decency. The User is obliged not to disclose his/her access data to third parties (including, where applicable, persons of the same company or association who are not listed as authorised representatives) and to take appropriate measures to maintain the confidentiality of said data and to prevent the misuse of his/her user account by third parties (including, where applicable, persons of the same company or association who are not listed as authorised representatives). If the User has any indication that a third party is misusing or has misused his/her User Account (including, where applicable, persons of the same company or association not listed as authorised representatives), he/she is obliged to notify TheRealLuxury immediately, e.g. by sending an e-mail to the following address: info@therelaluxury.com.
TheRealLuxury will not disclose the User's password to any third party (including, where applicable, persons of the same company or association who are not listed as authorised representatives) and will never request the User's password by email or telephone. The user may also register on TheRealLuxury's website via Facebook Connect. In doing so, TheRealLuxury may access certain information on Facebook, such as the user's full name, user ID, email address, gender, date of birth, profile picture, friends list, and other information that is publicly available on the user's Facebook profile. Users take responsibility for all activities that take place with their user account. If a user is not responsible for the misuse of his/her user account, e.g. on the basis that no breach of existing due diligence is apparent, the user is consequently not liable.
TheRealLuxury reserves the right to delete user accounts or information provided in this respect for incomplete or terminated registrations at any time. This provision shall be without prejudice to sections 10 and 11 of these Terms and Conditions. TheRealLuxury shall have the right - but not the obligation - to delete a user account if the user has not accessed his/her user account for more than six months. TheRealLuxury will notify the User by email five business days before the expiry of the aforementioned period that the User Account will be deleted, unless the User accesses his/her User Account within the following five business days. A user with a deleted user account may re-register as a user.
4. Purchase of the sale item; conclusion of contracts
The listing and presentation of an item for sale on TheRealLuxury's website serves solely as an invitation to the buyer to submit an offer.In order to purchase a Sale Item on TheRealLuxury, a Buyer registered on TheRealLuxury may click on the "Add to Cart" button to place the selected Sale Item in his/her shopping cart. A shopping basket may contain sale items from one or more sellers, and these sale items may be from different professional or private sellers. This is the first step in the purchasing process and is not binding on either party. Before submitting a binding offer, the Customer shall have the opportunity to review all the information provided by the Customer and the Sales Items placed in the shopping basket and, if necessary, to correct and/or remove Sales Items from the shopping basket. The User does not submit a binding offer until the User clicks on the "Buy" button. After that, the customer receives a confirmation of receipt of the offer to purchase. This confirmation does not constitute acceptance of the Buyer's offer by TheRealLuxury on behalf of the Seller.
The contract of sale between the Buyer and the Seller is only concluded when TheRealLuxury expressly declares that it accepts the Buyer's offer on behalf of the Seller by sending the Buyer a shipping confirmation. If TheRealLuxury has not yet received the Sale Item at the time of the offer to purchase, up to 14 business days in Germany and up to 21 business days in all other countries of shipment may elapse between the offer to purchase and TheRealLuxury's acceptance of that offer on behalf of the Seller, due to delivery times and the time required by TheRealLuxury to inspect the Sale Item.
Outside the European Union or in difficult to reach areas, the period may be exceeded in individual cases. Until the Buyer has accepted his offer to purchase, he may withdraw it at any time without giving any reason by notifying TheRealLuxury in writing. An email to customer-support@therealluxury.com is sufficient; any payments made prior to the acceptance of the buyer's offer (TheRealLuxury acting on behalf of the seller) are subject to the conclusion of a contract of sale. If a contract of sale is not concluded (e.g. if an inspection of the sale item by TheRealLuxury, which is received by TheRealLuxury after the offer has been made, reveals that the sale item does not sufficiently correspond to the seller's information or that the sale item is a counterfeit), the payment will be refunded to the buyer. Interest on such payments is excluded. The Buyer's offer may be rejected without giving reasons. In this case, TheRealLuxury will notify the Buyer of the non-acceptance of his/her offer by e-mail.
Provided that TheRealLuxury is acting as a seller on its own behalf, the contract of sale between TheRealLuxury and the Buyer is directly concluded by the acceptance of the offer in the form of a confirmation of shipment sent by email by TheRealLuxury. The Buyer can find information on the current status of his purchases or offers in his user account. The 'Suggest a Price' function can be activated for certain sale items available on TheRealLuxury's website if the item has been on sale for more than seven days. By activating the Suggest a Price feature, a potential buyer can suggest a new, lower purchase price without any commitment.
The potential buyer may not propose a price lower than 50% of the fixed selling price. In addition, the proposed price may not fall below EUR 40. The potential buyer must indicate the price in euro.
If the price proposal is accepted, this corresponds to an offer at the new purchase price for the potential buyer concerned. The potential buyer then has 7 days to buy the product or the offer expires.
If the price proposal is not accepted, or if the buyer does not receive a response to the price proposal within 48 hours of submission, the price proposal expires and the potential buyer is entitled to submit other price proposals. Throughout this period, the sale item is available to other buyers at the original price on TheRealLuxury. TheRealLuxury offers voucher codes as part of marketing campaigns. Only the recipient of such coupon is eligible. No downloading is permitted. Only one voucher can be redeemed per order or contract.
5. The buyer's right of cancellation after concluding a sales contract for a sales item
If the buyer is a consumer habitually resident in one of the EU Member States and the seller is an entrepreneur, the buyer has the right to withdraw from the contract in accordance with the legal framework. If the seller is also a consumer within the meaning of Article 13 of the German Civil Code, the buyer does not have a right of withdrawal under the applicable law. The Buyer's right of withdrawal corresponds to sales contracts for the Sale Product pursuant to Section 3 hereof and is to be distinguished from the right of revocation relating to the submission of an offer to purchase the Sale Product pursuant to Section 3 hereof, which is specifically notified to the Buyer immediately prior to the submission of the offer.The notice of cancellation must be sent to TheRealLuxury as agent of the Seller with the authority to enter into a contract in accordance with the section of these Conditions.
The Buyer shall have the right to withdraw from the Contract within fourteen days and without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party appointed by you, other than the carrier, take delivery of the goods. In the event of a recall, you can download the return label for each order under 'Orders' in your user profile. If a new return label is required, please send a request to our customer service to avoid unnecessary costs or returning products without a return label. If you take advantage of this option, we will send you an immediate confirmation (for example by email) to confirm receipt of the withdrawal. In order to ensure the cancellation period, it is sufficient to provide notice of the exercise of the right of cancellation before the expiry of the cancellation period.
If you wish to exercise your right of cancellation, you may also notify us as the Seller's agent of your decision to cancel this Agreement by an unequivocal statement. You may contact us (e.g. by letter sent by post, fax or e-mail), terminate your purchase using the refund function in your user profile or use the attached sample cancellation form, which is optional.
If you cancel this Contract, we must refund all payments we have received from you, including delivery charges (excluding any additional charges incurred after you have chosen a type of delivery other than the standard delivery offered by us), immediately and within fourteen days, but no later than the date on which we receive notice of your cancellation of this Contract. The refund will be processed using the same payment method used in the original transaction. In any event, no fees will be charged for this refund. We may refuse to refund payments until we have received the goods again or until you have provided proof that you have returned the goods, whichever is the sooner.
You must return or surrender the Goods immediately and in any event no later than fourteen days from the date on which you notify us of your cancellation of this Contract. The time limit is guaranteed if you send the goods before the end of the 14 day period. You must pay the direct costs of returning the goods. You will only be liable for any loss in value of the goods if that loss in value is attributable to any treatment not necessary to test the quality, performance and function of the goods. Professional sellers do not recognise a right of withdrawal for contracts concluded with consumers who are habitually resident in a non-EU country, unless national law provides for this to protect consumers.
The sale of a product purchased on TheRealLuxury website will automatically constitute acceptance of the terms and conditions of sale.
In the event that the seller is also a consumer within the meaning of Article 13 of the German Civil Code, the buyer has no right of withdrawal under applicable law. However, if the buyer does not like the purchased product, TheRealLuxury offers the option to return the product for a fee of 10% of the sale price within seven days in the event of a sale. During this period, the product must be reactivated in the user profile under the heading 'Orders'. By reselling the purchased product on TheRealLuxury website, the seller's terms and conditions will be automatically approved. As with Resale Channel B, the resale product itself remains the property of the seller. The Seller may only send the Sale Product to TheRealLuxury once it has received an offer to purchase from the Buyer.
6. Prices; payment terms; payment of the purchase price
All prices displayed on TheRealLuxury's website for the Sale Product are final prices in Euro, inclusive of applicable and applicable value added tax and exclusive of applicable shipping charges. The relevant shipping charges are available on the "Shipping Information" page and are applicable at the time of the conclusion of the Contract.Credit card (Visa / MasterCard / American Express)
Invoice payment (Germany, Austria and Switzerland only)
Installment payment (Germany only)
Sofortüberweisung (only in Germany, Austria and the Netherlands)
Prepayment (only in Germany, Austria and Italy; only for private sellers' products)
Giropay (only in Germany and Austria)
Paypal
iDEAL (only in the Netherlands)
Carte de Bleu (France only)
EPS (Austria only)
Carta Si / Postepay (Italy only)
Mr Cash (Belgium only)
TheRealLuxury reserves the right to exclude individual customers from particular payment options. If there is a contract of sale between the buyer and the seller (represented by TheRealLuxury), the buyer is obliged to pay the purchase price for the product sold. The purchase price is due immediately. A reservation for contingent payments made by the Buyer prior to the conclusion of the Contract shall be deemed null and void upon the conclusion of the Contract of Sale. Any right of cancellation under Section 4 of these Conditions shall remain unaffected. As the Seller's claim against the Buyer in respect of the purchase price of the Sale Item is assigned to TheRealLuxury by the terms of the Sale Contract, the Buyer shall be entitled and obliged to pay the Purchase Price solely to TheRealLuxury or to an individual appointed by TheRealLuxury. The method of payment chosen by the Purchaser shall determine the more detailed method of payment of the Purchase Price. If the Buyer opts for "instalment payment", he must check the address and creditworthiness of our partner Universum Payment Solution GmbH.
If the customer opts for "payment by invoice", the payment must be completed within 14 days after the order has been dispatched. Purchase on account is available in Germany and Austria. We reserve the right to offer purchases on account after successful address and credit history verification.
7. Shippment of the sale item; delivery times; shipping costs; delivery to a European Union country
Some sale items are still in the seller's possession when the buyer offers to buy that sale item. The Seller shall be promptly notified of the Buyer's offer to purchase and shall require TheRealLuxury to ship the Sale Item to TheRealLuxury immediately, but in any event within five business days. Upon receipt of the Sale Item by TheRealLuxury, TheRealLuxury will first inspect the said Sale Item before it may accept the Buyer's offer (whereby TheRealLuxury acts as agent for the Seller). Therefore, the delivery time with TheRealLuxury may take up to 21 days. If the Sale Item cannot be delivered to TheRealLuxury within 21 working days of receipt of an offer to purchase or has not been delivered by the Seller to TheRealLuxury, TheRealLuxury reserves the right to reject the Buyer's offer by email or to notify the Buyer by email that the Sale Item has not yet been received. In the latter case, the Buyer may choose whether to commit to its offer for an additional 14 working days by notifying TheRealLuxury by email.
If the buyer does not reply to TheRealLuxury's enquiry as to whether the offer should be maintained within three working days, TheRealLuxury will assume that the buyer is no longer interested in maintaining its offer to purchase and the sales contract is not concluded. If no contract of sale is concluded, any payments already made by the buyer for the sale item will be refunded immediately. Sale Items that TheRealLuxury already has in stock are marked separately with a "Ready to Ship" label next to the product photo on TheRealLuxury's website. TheRealLuxury will normally dispatch these sale items to the buyer within 1-3 working days of receipt of the buyer's request to place a bid.
Delivery times are shown in the description of the Sale Item and may be up to 21 working days for Sale Items that are sent to TheRealLuxury only after the offer has been placed. Upon acceptance of an offer to purchase a Sale Item, said Sale Item will normally be dispatched within the next 1-3 working days after payment has been made.
The Buyer can view the current delivery status on TheRealLuxury's website. The delivery time in Germany does not normally exceed 7 working days. For international deliveries, the delivery time is usually no longer than 21 days. As a basic principle, the sale of the sale item is only made to the delivery address provided by the buyer in his/her user account. Deviations from the stated address must be specified separately with StyleRemains GmbH.
For deliveries of Sale Items by Seller to TheRealLuxury from an EU Member State or deliveries by TheRealLuxury to Buyer in an EU Member State, Seller or Buyer is responsible for compliance with the export and import regulations of the respective countries (e.g. for fur trimmings on Sale Items or special types of leather). TheRealLuxury accepts no liability in this respect. These regulations also apply to buyers outside the European Union. The Seller or, rather, the Buyer must obtain, in its own name and at its own expense, any official permits required for export or import. Importation of the Sale Items into the relevant country of destination may incur additional costs, fees or taxes which must be borne by the Seller or, rather, the Buyer. These costs cannot be deducted from the purchase price, nor do they constitute a right of retention of the sale items.
Registered users have the possibility to enter a text message (questions about the item) on the sale item page of TheRealLuxury. The question will be displayed with the username stored in the user account and, if applicable, with a profile picture and will be visible to all who access this page. The user agrees that the questions he/she asks may be published in another national language after translation by a translation program. The "Questions about the product" function is used to ask or answer questions about the product for sale.
This feature may not be used to infringe the personal rights, copyright, trademark rights or other rights of third parties, nor to insult, harass or threaten third parties, or to post comments/statements that are unconstitutional, obscene, immoral, discriminatory, political, ideological or glorify violence. In addition, the Feature may not be used to advertise - even free of charge - for other telemedia and/or companies, to solicit users to access other telemedia, or to disparage or disparage TheRealLuxury and/or any other company. The Feature may not be used to solicit buyer and seller to agree to purchase featured sale items outside of TheRealLuxury's website or to provide any private contact information.
TheRealLuxury is under no obligation to review questions before or after they are posted. However, TheRealLuxury may remove or edit questions in whole or in part at any time without notice or explanation and may suspend or permanently disable users from using the questions feature.
If third parties assert claims against TheRealLuxury based on the illegality of a Question or otherwise relating to a Question, the user of the account from which the Question was posted must promptly support TheRealLuxury in its legal defense and, at TheRealLuxury's first request, indemnify and hold TheRealLuxury harmless from and against any and all claims (e.g., legal fees and claims for damages) made by third parties against TheRealLuxury. Further claims by TheRealLuxury against the User shall remain unaffected.
8. Complaints
Without prejudice to its other rights (in particular with regard to any warranty claims against the Seller), the Buyer may also contact the following address in the event of a complaint regarding the Sales Items it has purchased: pritožbe@therealluxury.com. TheRealLuxury reserves the right to inform the seller concerned of complaints received on its behalf and to require the seller to respond to them. TheRealLuxury will notify the Buyer of the Seller's response. If no agreement between the Buyer and the Seller can be reached in this way, TheRealLuxury may also, with the agreement of the Buyer and the Seller, propose a reduced purchase price and ask the Buyer and the Seller to agree to this reduced purchase price. If the Buyer and the Seller agree to the reduced Purchase Price, any overpaid balance will be refunded to the Buyer.9. Warranty; Limitation; Liability
TheRealLuxury makes no warranty for defects in the products sold by TheRealLuxury on behalf of the Seller. This is the sole responsibility of the Seller. In addition, TheRealLuxury makes no warranties. The sale is made without any liability for material defects unless the seller accepts the warranty for the condition of the item. The above limitation of liability does not apply to wilful or grossly negligent breaches of contract, fraud or accidental damage resulting from injury to life, limb or health. If the buyer is a consumer, the guarantee against defects shall be two years from receipt of the goods in the case of new goods from sellers acting in a professional manner and one year from receipt of the goods in the case of second-hand goods. If the buyer is an entrepreneur, the guarantee against defects in the case of new goods is one year from receipt of the goods; second-hand goods are excluded from any guarantee. The entrepreneur acting as a buyer is obliged to claim obvious defects in the delivered sale items from the seller (or from TheRealLuxury as the seller's acceptance agent) within two weeks of receipt of the sale item; otherwise, warranty claims are excluded. Timely notification of the return in the Buyer's profile and dispatch shall be sufficient to meet the deadline. This does not affect the manufacturer's guarantees. If and insofar as TheRealLuxury inspects the sale items to determine whether they are originals or fakes, TheRealLuxury will carry out this task carefully in the form of an external visual inspection using suitably qualified personnel. TheRealLuxury is not obliged to take any other action. TheRealLuxury expressly states that particularly complex counterfeits can only be distinguished from the corresponding product with considerable effort and can therefore be identified as counterfeits. Therefore, TheRealLuxury accepts no responsibility for the product sold which is in fact the original or branded product. An inspection by TheRealLuxury does not lead to the user being able to assert any liability claims against TheRealLuxury; the inspection is not an order under a contract with protective effect or for the benefit of third parties. TheRealLuxury assumes no responsibility for external content or links to other telemedia on TheRealLuxury's website. If TheRealLuxury is acting as a seller, the buyer shall assert warranty claims against TheRealLuxury in accordance with the provisions of law.TheRealLuxury shall be liable to the user as follows:
- for damages resulting from loss of life, personal injury or damage to health and damages resulting from the wilful or grossly negligent breach of duty of TheRealLuxury or its legal representatives or agents, without limitation in accordance with the provisions of law;
- for loss of or damage to saleable products sent by the Buyer to TheRealLuxury; further limited to EUR 5,000 per saleable product; if the Buyer selects a higher sum insured by expressly notifying TheRealLuxury, TheRealLuxury's liability in the event of a claim shall be limited to the sum insured selected;
in all other cases, only in the event of culpable breach of essential contractual obligations which must be fulfilled in order to fulfil the purpose of the contract and on which the seller could therefore rely, and also only for foreseeable damages specific to the contract.
The mandatory consumer protection provisions in the country of the consumer's main residence at the time of conclusion of the contract remain unchanged.
10. Cancellation rights
The general use of TheRealLuxury website is for an indefinite period of time and may be cancelled by the user at any time in writing. Cancellations should be sent to:GS GOLD D.O.O. Šmartinska cesta 152, 1000 Ljubljana, Slovenia
or info@therealluxury.com
If the user cancels the use of TheRealLuxury's website, TheRealLuxury will immediately delete the corresponding user profile. At the time of cancellation, the cancellation of the use does not affect the obligations of the user that have already arisen prior to the cancellation of the use in connection with concluded or initiated sales contracts relating to the product for sale (e.g. the obligation of the buyer to have already submitted offers to purchase).
TheRealLuxury shall have the right to give extraordinary notice of cancellation of the User's use of TheRealLuxury's website at any time for any reason. TheRealLuxury's reason applies in particular to:
Attempted sale of counterfeit or otherwise infringing goods via TheRealLuxury's website, attempting to sell goods belonging to third parties without permission via TheRealLuxury's website, attempting to sell pornographic, racist, inflammatory, unconstitutional logos or labels of unconstitutional and/or otherwise illegal organisations, attempting to sell or selling sale items and/or buying or purchasing sale items already listed on TheRealLuxury's website so as to circumvent TheRealLuxury's website, abuse of the communication facilities on TheRealLuxury's website, to offend, harass or threaten third parties, disseminate immoral, obscene political or ideological information or information that glorifies violence or endangers minors, breach of material contractual obligations under the use of TheRealLuxury's website to TheRealLuxury and/or other users, TheRealLuxury will shut down TheRealLuxury's website, materially change its orientation or materially limit its functionality.
11. Rights of use
The User hereby assigns a non-exclusive, revocable at any time, royalty-free, perpetual, worldwide sub-licensable right to use the Content on TheRealLuxury's Site, including, but not limited to, TheRealLuxury for Content (e.g., product photos/product photos, item descriptions, profile pictures, comments, etc.) posted by the User. The right of use includes, in particular, the right to make the content publicly available on mobile and fixed terminal devices, the right of reproduction, the right of distribution and the right of reproduction.12. Blocking and restriction
On the basis of legitimate interests, TheRealLuxury reserves the right to block or restrict the user account and/or selected or all sale items, e.g. in the event of suspected fraud or other violation of these terms and conditions, without prior warning, temporarily or indefinitely, and thereby exclude in whole or in part the user's further use of TheRealLuxury's website. The blocking automatically leads to the exclusion to create more accounts on TheRealLuxury.TheRealLuxury has the right to restrict access to TheRealLuxury's website, in whole or in part, temporarily or permanently for individual users or in general, or to terminate TheRealLuxury's website at any time. This applies in particular to cases of improper use of TheRealLuxury website by the user as a defence against malware and other dangerous instruments (e.g. Trojans, viruses), but also to protect his/her own interests. TheRealLuxury reserves the right to charge the User for the costs arising from blocking/restriction and unblocking, for which the Seller is responsible. The amount of these costs shall be calculated at the discretion of the fairness judge, taking the actual costs into account (Section 315 of the German Civil Code). The user is free to prove that TheRealLuxury has not actually incurred any costs or less.
13. Operation and availability
TheRealLuxury website is operated and maintained by TheRealLuxury. TheRealLuxury will endeavour to make TheRealLuxury website accessible to users and the public with an annual average uptime of 95%. Downtime used to improve, redesign and/or optimise TheRealLuxury's website (e.g. software updates, security enhancements, redesign or optimisation of content and presentation) and technical measures' (e.g. server maintenance) are not counted towards the aforementioned annual average. The User is not entitled to allow TheRealLuxury to make TheRealLuxury's website available at all times and/or without any changes.
14. Data Privacy
We comply with legal requirements when collecting, storing and processing the User's personal data. Please refer to our privacy policy for details.15. Information on distance selling and e-commerce contracts
Identity/representatives/address of the service/operator's own content:The Real Luxury SRL
Via del Lauro 9
20121 Milano
Italy
Website: www.therealluxury.com
E-mail contact: info@therealluxury.com
16. Miscellaneous
In the event that a provision or part of a provision of these Terms and Conditions has/has no effect, all other provisions or parts of provisions shall be unaffected.TheRealLuxury may assign all or part of its duties and rights under the contract with the user to a third party. TheRealLuxury will notify the User of this in good time and in advance. The user may object to this transfer for justified reasons within 14 working days of receipt of the information.
The European Commission provides an online dispute resolution (ODR) platform. This platform can be accessed at www.ec.europa.eu/consumers/odr/.
