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Terms and Conditions
Applicability and definitions
(1) The following general terms and conditions apply to all services between The Rarehouse GmbH, Graf-Adolf-Straße 41, 40210 Düsseldorf, entered in the commercial reigster (‘Handelsregister’) Düsseldorf under the number HRB 81190 and represented by its managing directors Julius Hajdinjak and Felix Hajdinjak („The Rarehouse“) and a consumer in their current version as of the time of the order.
(2) A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (§ 13 BGB).
Conclusion of a contract, filing of contract text
(1) The following rules on the conclusion of contract apply to orders and services via our website http://www.therarehouse.com.
(2) Using the website http://www.therarehouse.com requires the registration of the customer and provision of a valid e-mail address.
(3) In case of conclusion of a contract, the contract is entered into with

The Rarehouse GmbH
Felix Hajdinjak/ Julius Hajdinjak
Graf-Adolf-Straße 41
40210 Düsseldorf
Germany

(4) The presentation of the service packages on the website http://www.therarehouse.com are no legally binding contract offer from our side, but are merely a nonbinding invitation to the consumer to order goods (invitatio ad offerendum). With the order of the chosen service package the customer submits a binding offer on the conclusion of a service contract.
(5) The booking and invoicing of the billable services is possible only via the website http://www.therarehouse.com. For the service contract and the services booked via the website http://www.therarehouse.com shall apply only these general terms and conditions and for consumers the right of revocation granted by us.
(6) Prior to the binding submission of the order and after reviewing its data, the user can click the „back“ button of its web browser to get to the prior website, on which the customer data are collected and correct any errors or cancel the order by closing the web browser. We confirm the reception of the order immediately via an automatically generated e-mail („order confirmation“) by which we accept your offer. 
(7) Filing of contract text: We file the contract text and send you the order data as well as our general terms and conditions via e-mail. You can also review the general terms and conditions under our Terms and Conditions section at any time. You can review your prior orders in our customer area under My account --> My orders.
(8) Natural persons with full legal capability may register as users. Each user may only register once.
Services
(1) The Rarehouse provides via its website http://www.therarehouse.com a marketplace for the sale and purchase of sneakers/sport shoes. The Rarehouse itself does not buy or sell any goods but instead exclusively acts as an agent. From the time of your booking we only serve as an agent between you and the relevant buyer or seller, as applicable.
(2) As a seller, you choose the shoe to be sold from our catalogue and set your price. If at least two sellers offer the same shoe in the same size, the buyer can only purchase from the seller with the lowest offer.
(3) As a purchaser, you can alternatively look for a shoe in the catalogue and, if the lowest price offered by the sellers is too high or nobody offers the relevant shoe, you can make a bid for which you are willing to buy the shoe. This bid is valid for the time specified. If a seller is willing to sell the shoe for this price, a binding contract is concluded.
(4) After buyer and seller have agreed on a price, the seller receives a mailing label from us which is addressed to us. The seller now has 2 working days to ship the shoe. After we have received the shoe, we check if the shoe
a. is new and unworn,
b. has the right model, size etc., and
c. is an original and if all original accessories are included.
If all factors are correct, we send the shoe to the buyer and pay the agreed price to the seller, minus a transaction fee of 8% and a payment fee of 3% on the purchase price and minus the shipping cost. The authenticity is guaranteed by the official The Rarehouse Seal. If the Seal is broken or removed, the guarantee of authenticity is no longer valid and all possible claims are null and void. Any potential claims have to be made within 14 days after receiving the shoes, otherwise any potential claims are null and void.
(5) If any of the required factors are not met (e.g., the shoe is counterfeit) or the seller does not ship the shoe within 2 working days, a penalty fee of 15% of the purchase price plus the shipping fees for returning the shoe applies and will be invoiced to the seller. The penalty fee does not apply if the seller proves that he is not liable for the missing factor or the shipping delay. The sneakers have to be shipped back to The Rarehouse for a re-inspection. If indeed one of the above mentioned factors is not found to be correct (e.g. the shoe is counterfeit), the purchase price will be reimbursed to the buyer.
(6) As all sales are private, non-commercial sales, any sale is made under exclusion of warranty and without any right of withdrawal. No commercial traders are admitted to participating in our service.
(7) International buyers are liable for all cost relating to the shipping (e.g., customs duty).
(8) All prices are gross prices including the mandatory VAT if not marked otherwise.
(9) The information we use for providing our services are based on the information provided to us by the sellers. The sellers are exclusively liable that the prices, the availability and other information provided to us for publication on our website are correct.
(10) Although we carry out our services with all diligence, we cannot review and guarantee that all information provided to us by third parties is exact, correct and complete. Further, we cannot be held liable for errors (including obvious or printing errors), interruptions (caused by a temporary and/or partly failure, repair, upgrade or maintenance works on our website or any other reason), imprecise, misleading or wrong information or transmission failures, if such errors are not based on our fault or the fault of our vicarious agents.
(11) Every seller is always liable for the accuracy, completeness and correctness of the information (including the prices and availabilities) provided to us. Our website does not imply any recommendation or confirmation of the quality, the service level, the qualification or other qualities of a seller and shall not be taken as such. It´s possible for any seller to alter or delete his listing at any given time.
Order process
(1) Customers have the possibility to enter their e-mail address to register with The Rarehouse.
(2) In the next step the customer enters all their personal data into our request form and clicks „send now“.
(3) The checkbox „Yes, I have read and accept the general terms and conditions of The Rarehouse.“ must be clicked. This also applies to the notification regarding revocation.
(4) All registered users may both sell and buy.
(5) The Rarehouse only acts as an agent and provider of the platform for connecting buyers and sellers.
(6) If a buyer chooses an offer, they click on “buy now” and provides all data. In addition, the buyer provides their payment data which are submitted to us via a 256 bit encryption.
Costs and fees
(1) Our services are subject to a fee. We invoice a fee of 11% of the selling price to the seller, consisting of 8% transaction fee and 3% payment fee.
(2) Sellers must provide a credit card as security which will be invoiced in case of a penalty fee of 20%.
Communication and correspondence
(1) With your registration you accept the reception of i) a confirmation e-mail and ii) an e-mail we may send to you as a confirmation immediately after a purchase or sale.
(2) The Rarehouse does not accept any liability for the communication with the other contract party (buyer or seller). The Rarehouse cannot guarantee that requests or a communication will be read/received/fulfilled/carried out or accepted by the other contract party.
(3) To carry out your service completely and safe, you must provide your correct e-mail address. We are neither responsible nor liable for any wrong or misspelled e-mail addresses or wrong (mobile) telephone numbers or credit card numbers and have no obligation to confirm such information.
Liability
(1) The Rarehouse generally is not liable for any damage caused by simple negligence.
(2) The risk of loss, damage or other detrimental effect to a sold good in case of shipping of the good is borne by the seller until the good arrives at The Rarehouse – this applies irrespective from The Rarehouse sending or providing a delivery note, an address label or other items useful for the shipping and/or The Rarehouse providing a shipping insurance or not.
(3) If The Rarehouse negligently violates any important contractual obligation, The Rarehouse’ liability is limited to the damage typically occurring in relation to the relevant business transactions. An important contractual obligation is any obligation, whose fulfilment first and foremost enables the proper implementation of the contract and which the other contractual party usually relies upon and may rely upon or which The Rarehouse specifically has to provide to the other contractual party according to the content of the contract.
(4) In no case the liability for willful intent, gross negligence or due to the violation of body, life or health is excluded.
(5) The abovementioned rules on limitation of liability shall also apply to persons for whose fault The Rarehouse is liable under the statutory law.
Copyright and intellectual property
(1) All information and services provided on the website therarehouse.com are protected by copyright. Any copying is only allowed with the explicit prior consent in writing or text form by The Rarehouse or the relevant copyright owner.
(2) Our services are only provided for private, non-commercial usage. It is not allowed to sell for commercial or competitive usage, link with sub-websites, use, copy, extract (e.g., with Spider, Scrape), republish, upload or reproduce any content, information, software, product or service available on our website.
Contract language
(1) Contract languages are German and English.
(2) If during the contract term or thereafter any ambiguities, doubts or differences of opinion or similar arise in connection with the legal interpretation or application of these terms and conditions, the German version of these general terms and conditions shall prevail in case of doubt.
Changes of the general terms and conditions
(1) The Rarehouse retains the right to modify these general terms and conditions in justified cases. The Rarehouse will publish the amended general terms and conditions at least 8 days prior to entering into force on our website http://www.therarehouse.com.
(2) An amendment of the general terms and conditions shall only be made on shorter notice if any errors are corrected, the amendment is beneficial to the consumer or the amendment is required by statutory law.
Dispute resolution, place of jurisdiction
(1) For any disputes in relation to these general terms and conditions German law shall apply. In case of a dispute the parties shall aim to reach an amicable resolution. If this fails, the place of jurisdiction provided by statutory law applies for any court proceedings.
(2) For any issues not covered by these general terms and conditions the relevant German statutory law applies, in particular the Bürgerliche Gesetzbuch (BGB).
(3) In relation to consumers this choice of law only applies to the extent that the level of protection provided by statutory law of the jurisdiction in which the consumer has its common domicile is not violated.
Other provisions
(1) Any declarations and other agreements shall be made in text form only in order to be valid. The parties acknowledge that for complying with the text form the submission via e-mail is sufficient.
(2) Complaints must be made in text form to

The Rarehouse GmbH
Felix Hajdinjak/Julius Hajdinjak
Graf-Adolf-Straße 41
40210 Düsseldorf

or via E-Mail at

contact@therarehouse.com.
(3) With your order, you as the customer confirm that you have read the general terms and conditions, have fully understood the content and will fully comply with these terms and conditions and further will accept the data protection clauses as well as consent to the processing of your personal data you have provided at the booking.
Applicability of these general terms and conditions
In the event that a provision or parts of a provision of these Terms is/are ineffective, all other provisions or parts of the provision remain unaffected therefrom.

These general terms and conditions shall enter into force from 1. December 2017 and shall apply until revocation or any amendment thereto.

The European Commission provides a platform for online dispute resolution (ODR). You can reach this platform on http://ec.europa.eu/consumers/odr/.
© 2017 The Rare House