General Terms and Conditions
§1 General
(1) The following General Terms and Conditions of TqSq qMqaqrqkqeqtqpqlqaqcqeq qGqmqbqH (hereinafter: TastySlips), Hqaqsqsqeqlqbqrqoqoqkqsqtqrq.q q5q2, 2q2q0q8q9q qHqaqmqbquqrqg, are part of all contracts concluded with TastySlips, in particular via https://tastyslips.com.
(2) Conflicting terms and conditions of the customer are only effective if they are expressly recognized by TastySlips in writing (§ 126 BGB).
(3) The website https://tastyslips.com understands itself as an online marketplace for worn underwear. For this purpose, users can publish corresponding offers for sale on the website. Interested users can conclude a sales contract via the website. The sale of goods is thus reserved only for users who have registered on the website.
§2 Contracts only with users of legal age
Our offer is directed exclusively to consumers of legal age, whether on the buyer's or seller's side.
§3 Seller accounts
(1) Users who wish to sell goods on https://tastyslips.com can choose between two seller accounts:
a. The basic account allows the publication of a limited number of offered items at the same time.
b. The Premium account has more features than the Basic account and there is also a verification mark for this account to establish trust with potential buyers.
(2) Users can find the specific range of functions of the accounts in an overview:
§4 Sales contracts only between sellers and buyers, rating, messaging.
(1) TastySlips becomes neither contracting party nor vicarious agent of the contract, which the users conclude among themselves. Also, the fulfillment and execution of the contract takes place exclusively between the users among themselves. The terms and conditions of the selling user apply exclusively to the respective sales contract.
(2) The following regulations for the conclusion of the contract apply to bookings made via https://tastyslips.com. The order proceeds in the following steps:
a) Selection of the offer in the desired specification (size, color, quantity).
b) Insertion of the offer into the shopping cart
c) pressing the "Checkout" button
d) Selection of the payment method
e) Checking and processing of the order and all entries
f) Pressing the "Buy now" button
g) Acceptance of the contract offer by order confirmation.
(3) TastySlips has no influence on the behavior of other users. Whether contractual obligations of the contracts between the users are fulfilled or whether a posted sales offer is successful, cannot be influenced by TastySlips.
(4) Users who have bought goods from other users via https://tastyslips.com can rate the transaction as well as the goods on https://tastyslips.com at sellers with premium account. In doing so, users agree to comply with applicable law and morality and not to publish any defamatory content. TastySlips is free to change or delete ratings at its discretion, without the need for a separate justification.
(5) Users with premium accounts can exchange messages with other users interested in buying. Content of these messages must comply with morality and may not violate applicable law. TastySlips has no influence on the content of the messages and each user is free to reply to messages.
2.1 Cryptocurrencies
2.1.1 TS Marketplace accepts payments in cryptocurrencies, including but not limited to Bitcoin, Ethereum, and other commonly used cryptocurrencies.
2.1.2 The customer is aware that cryptocurrencies may experience price fluctuations due to their volatility.
2.1.3 In the event of a refund or reimbursement, TS Marketplace reserves the right to use the equivalent value in euros (EUR) at the time of the refund.
3. Refund of Cryptocurrencies
3.1 Volatility Disclaimer
3.1.1 Since cryptocurrencies are volatile, TS Marketplace reserves the right, in the case of a refund, to use the equivalent value in euros (EUR) at the time of the reimbursement.
3.2 Refund via Bank Transfer
3.2.1 TS Marketplace will refund the customer in euros (EUR) via bank transfer to the bank account specified by the customer.
3.2.2 The customer is responsible for providing the correct bank details to TS Marketplace.
4. Disclaimer of Liability
4.1 The customer acknowledges that cryptocurrencies are subject to fluctuations that are beyond the control of TS Marketplace.
4.2 TS Marketplace is not liable for losses arising from price fluctuations of cryptocurrencies.
§5 No liability of TastySlips
TastySlips enables third parties, namely sellers, to sell their goods to buyers. Even though TastySlips enables transactions, TastySlips is not a seller of these goods. The contract that is formed when these third party goods are sold is solely between the sellers and the purchasers. TastySlips is not a party to the contract and therefore assumes no responsibility for that contract of sale. TastySlips is also not the representative of the sellers. The sole responsibility for the sale lies with the sellers. TastySlips only provides a digital marketplace.
On the marketplace personalized items are offered by third party private persons.
§6 Prices, shipping costs and payment, notice of purchase
(1) The stated prices do not include VAT for offered items, as our marketplace is exclusively aimed at consumers, also on the seller side.
(2) Shipping costs are added to the prices of the goods. They are explicitly shown in the ordering process.
The delivery time depends on the selected additional options and the desired wearing time.
(3) For deliveries to countries outside the European Union, additional costs may be incurred such as further taxes and/or duties, for example in the form of customs duties. These other costs have to be borne by the customer.
(4) The payment options are published on https://tastyslips.com/cart.
(5) The photos of the uploaded photos may slightly differ from the sent products.
§7 Transaction fee, fees for premium accounts, cancellation of premium accounts, verification of premium accounts
2.1 Monthly Premium Membership
2.1.1 Monthly Premium Membership with TS Marketplace GmbH requires regular payment of the membership fee in advance. Payment is made monthly at the price agreed at the time the contract is concluded.
2.1.2 The monthly subscription is automatically renewed for a further month unless it is cancelled in good time.
2.1.3 Payment for the monthly subscription is made in advance for each month. The amount of the monthly fee is determined at the time the contract is concluded and may be subject to change. The user agrees that the payment method specified when the contract was concluded will be automatically charged.
2.1.4 TS Marketplace GmbH reserves the right to adjust the monthly membership fee at its own discretion. Customers will be informed of any changes in advance.
2.2 6-month Premium Membership
2.2.1 The 6-month Premium Membership requires payment of the full membership fee in advance for the entire period.
2.3 12-month Premium Membership
2.3.1 The 12-month Premium Membership requires payment of the entire membership fee in advance for the entire period.
TS Marketplace GmbH reserves the right to adjust the aforementioned payment terms at its own discretion. Customers will be informed of any changes in advance.
Cancellation
3.1 Monthly Premium Membership
3.1.1 The monthly premium membership can be cancelled at any time to the end of the month. The subscription must be cancelled in the user account settings by the last day of the current month at the latest. Cancellation by e-mail or telephone is not possible.
3.2 6-month premium membership
3.2.1 Premature cancellation of the 6-month Premium Membership is not possible. Premium membership ends automatically at the end of the 6 months. Any cancellation requests for the time after this period will be considered.
3.3 12-month Premium Membership
3.3.1 Premature cancellation of the 12-month Premium Membership is not possible. Premium membership ends automatically at the end of the 12-month period. Any cancellation requests for the time after this period will be considered.
(4) TastySlips retains the transaction fee directly when paying out the sales price to the seller.
(5) A reclaim of the transaction fee is excluded if the purchase contract is null and void or has to be cancelled for reasons for which TastySlips is not responsible. This also applies in particular if the contract can be cancelled if it turns out that the seller is not a consumer. TastySlips is not obliged to check the goods.
(6) Sellers can only offset claims that have been legally established or recognised in writing by TastySlips.
(7) TastySlips offers various possibilities to verify users as sellers. If a user cannot realise any of the mentioned possibilities, there is no claim to another verification method.
§8 Liability of the seller for the presentation of goods
(1) The seller undertakes to upload and transmit only content - especially images/texts - to which no third party rights exist that conflict with the transmission and/or use and to which no laws, regulations, official provisions or other legal principles (e.g. morality) conflict. In particular, he agrees not to upload or sell any FSK 18 images/videos.
(2) He transfers to TastySlips all necessary copyrights, ancillary copyrights, trademark and labeling rights and other rights, in particular the right to reproduce, distribute, transmit, broadcast, edit, make available to the public, to place in a database and hold ready for retrieval, to extract from a database and retrieve, to the extent necessary for the performance of the contract. It entitles TastySlips to use by means of all known technical procedures as well as all known forms of electronic media, via all fixed and mobile, digital and analog communication channels.
(3) The seller is obligated to careful examination. In addition, he is obliged to check the content provided by him digitally for viruses or similar.
(4) TastySlips is not obliged to check the content.
(5) The legal responsibility for the content of all provided content is exclusively borne by the seller. The seller indemnifies TastySlips on first demand from all claims of third parties, which are based on the provision of illegal content, especially because of the violation of competition law, criminal law, copyright, youth protection law and other legal provisions, but also because of violations of applicable guidelines, principles or self-binding. The indemnification extends explicitly also to the necessary costs that TastySlips incurs in connection with its rights defense against the third party.
(6) The seller is fully liable for any damage caused by uploading or transmitting content that is infected with a virus or similar.
(7) Use of Photos: Users are prohibited from using photos generated by Artificial Intelligence (AI) on our platform. This includes, but is not limited to, the use of AI image generators, deepfakes, and other technologies to create or manipulate photos.
(8) Authenticity of Photos: All photos submitted on the platform must be authentic and unaltered captures created without the use of AI. The use of standard image editing software for adjustments such as brightness, contrast, and color correction is permitted as long as the basic authenticity of the photo is maintained.
(9)Violations and Penalties: In the event of violations of this provision, we reserve the right to remove the offending photo and temporarily or permanently suspend the user account. Furthermore, we reserve the right to take legal action against the violator.
(10)Disclaimer of Liability: We assume no responsibility for photos uploaded to our platform in violation of this provision. Users are fully liable for any damages resulting from the improper use of AI-generated photos.
Section 9 Buyer Protection
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(1) Customer's obligation to notify us of non-receipt: The buyer is obliged to inform us no later than 40 days after the date of purchase if he has not received the goods ordered from the seller. The notification can be made in writing or by e-mail and should contain all relevant information about the purchase and the non-delivery.
(2) Consequences of failure to notify: If the buyer fails to notify us of the non-receipt of the seller's goods within the said period of 40 days after the date of purchase, the buyer loses the right to the voluntary buyer protection in respect of undelivered items. In such a case, we are exempt from any liability and the buyer is not entitled to a refund or replacement. Important: Clarify delivery problems promptly: In order to resolve any delivery issues promptly and provide the best possible support to the buyer, we strongly recommend that you inform us immediately should there be any delays or problems with the delivery. This enables us to take action as quickly as possible and find a satisfactory solution.
(3) Buyer protection will be forfeited if communication, refund/reimbursement takes place outside the TastySlips platform between buyers and sellers.
(4) Voluntary buyer protection: It should be noted that buyer protection, as described in these GTC, is a voluntary service. It comes into force in particular if the seller has not dispatched the goods within 35 days of the date of purchase. The voluntary buyer protection does not apply if the buyer is dissatisfied with the scent result of the purchased item, personalized items or media. As smell and other personalized elements are considered subjective sensations and personal preferences, this cannot be assessed objectively. Each person perceives such aspects differently, and what one person likes may be unsuitable for another. The buyer is nevertheless entitled to evaluate the seller in this case and express his or her personal opinion in order to provide guidance to other potential buyers. The buyer protection also does not apply to media that have been specially made for the buyer, as these cannot be reused or resold.
(5) Disclaimer for non-delivery: If the notification of non-receipt is not made within the 40-day period after the date of purchase mentioned in section (1) or if the buyer fails to inform us of the problem in a timely manner, any buyer protection in relation to undelivered items will lapse. In such a case, we accept no liability for non-delivery and the buyer is not entitled to a refund or replacement.
(6) Non-delivery due to delivery service/postal problems: Buyer Protection under section (3) will not apply if the goods ordered from the seller have not been delivered due to delivery service or postal service problems. In such cases, the buyer is advised that he/she is obliged to inform us immediately after discovering the non-receipt as described in section (1). We accept no liability for non-delivery due to problems with the delivery service or the post office, and the buyer is not entitled to a refund or replacement in such a case.
(7) Exclusion of liability for non-delivery due to delivery service/postal problems: If notice of non-receipt is not given within the period of 40 days from the date of purchase referred to in section (1) above, or if the buyer fails to notify us of the problem in a timely manner, any buyer protection in respect of undelivered items due to delivery service/postal problems will lapse. In such a case, we accept no liability and the buyer is not entitled to a refund or replacement.
(8) Communication outside of TastySlips: The buyer protection according to section (3) expires if the communication, refund or partial refund takes place outside of the TastySlips platform between buyers and sellers. It should be noted that buyer protection is only guaranteed within the communication and transaction options provided on the platform.
§10 Applicable law
German law is exclusively applicable to the contracts concluded with TastySlips, to the exclusion of German international private law. This also applies if the customer books/uses the services from a country other than Germany.
§11 Change of this contract conditions
(1) TastySlips is entitled to change these terms and conditions. The adjustment is made only in the presence of valid and objective reasons, and if it will not disturb the contractual balance of the users to TastySlips. Such reasons can be, for example, legal as well as technical changes, experience with user behavior or unintended loopholes in the clauses.
(2) The change will be communicated to the Users at the next visit to the Website and they must agree to it.
(3) The User has the right not to accept the changes. In this case, TastySlips reserves the right to terminate the contractual relationship existing between TastySlips and the User with immediate effect.
§12 Final Provisions
If individual provisions of these terms and conditions are invalid or lose their effectiveness due to a later circumstance, the validity of the rest remains unaffected. The ineffective provision shall be replaced by the effective provision whose effects come closest to the objective that the contracting parties pursued with the ineffective provision.
5.3 In the event that individual provisions of these GTC are or become ineffective, this shall not affect the validity of the remaining provisions.
Date: 01.07.2024