TERMS OF SERVICE

1. Scope of application

These General Terms and Conditions of Use (also "GTC") govern the use of the online services of Circled Wardrobe UG (haftungsbeschränkt), Große Bleiche 15, 55116 Mainz, Germany registered in the Commercial Register of Mainz with the Commercial Register Number HRB 51427.

Terms and conditions of the user that deviate from these terms and conditions do not apply. Users of Circled Wardrobe's services agree that in case of doubt, the terms and conditions of Circled Wardrobe are to be assumed in case of use by them, even if the terms and conditions of the user remain unchallenged.

For users who (also) use the services of Circled Wardrobe as Lenders, the special terms of use for Lenders in the appendix to these Terms of Service apply in addition.

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2. Subject matter

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2.1 Circled Wardrobe offers an online platform for brokering clothing and accessories between users (hereinafter referred to as the "Service"). In doing so, Circled Wardrobe itself does not act as a Lender and does not become a contractual party to the rental agreements to be concluded. These are concluded exclusively between individual users and Lenders.

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2.2 "Users" within the meaning of these Terms of Use are all natural persons who use Circled Wardrobe's Service for information purposes or to initiate or conclude rental agreements, including as Lenders.

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3. Use of the Service / Registration / User Account

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3.1 Access to the service (in particular the search for rental objects) is generally possible without registration. Registration is only required for the use of certain functions of the service and in any case for use as a Lender or for the conclusion of a rental agreement as a Renter. 

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3.2 By registering or otherwise using the service (e.g. making booking requests), a contract on the use of the service is concluded between the user and Circled Wardrobe. Registration and creation of a user account as well as the use of the service as a Renter are free of charge. Minors and other natural persons, legal entities and associations of persons without or with limited legal capacity are not permitted to use the service. A user account is not transferable.

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3.3 The user is obligated to truthfully and completely provide the data collected during registration and in the context of booking inquiries - insofar as it concerns mandatory data that is marked accordingly. In case of a change of the collected data after registration, the user has to update his information in his user account immediately or - if this is not possible - to inform Circled Wardrobe about changes without delay.

Circled Wardrobe will verify the identity of a user via an appropriate, adequate verification procedure. Until the verification is successfully completed, the user account will not be released by Circled Wardrobe.

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3.4 By submitting the registration form, the User makes an offer to enter into a User Agreement with Circled Wardrobe, confirms that he/she has read and agrees to the Terms and Conditions, and further confirms that he/she is not excluded from using the Service pursuant to Section 3.2. Circled Wardrobe reviews registration requests and reserves the right to refuse the User's registration without giving reasons.

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3.5 If Circled Wardrobe accepts the registration, the User will receive a confirmation message summarizing the User's key information once again. To complete the registration, the User must confirm the confirmation message according to the instructions contained therein. Upon receipt of the confirmation message, the user agreement is concluded between Circled Wardrobe and the User.

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3.6 When registering, the user specifies a user name ("access data"). User names whose use violates the rights of third parties, in particular rights to a name or trademark, or which are otherwise illegal or contrary to public morality, are not permitted. The user must keep the access data secret and protect it from access by unauthorized third parties. If the user has lost the access data or if he discovers or suspects that his access data is being used by a third party, he must inform Circled Wardrobe immediately by e-mail or contact form.

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3.7 The user is aware that declarations within the scope of the contractual relationship (e.g., confirmation messages, changes to the GTC or other notifications) may be sent to him by e-mail.

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3.8 Circled Wardrobe is entitled to immediately block the user account,

• if false information was provided when registering as a user or sending a booking request;

• in the event of loss or suspected misuse of the access data by a third party;

• if the user has otherwise violated the GTC; or

• if there is any other important reason.

In the event of a blocking of the user account, the affected user is prohibited from registering again with Circled Wardrobe with the same or other user data (alias names, etc.) and from opening a new user account until Circled Wardrobe has given its express prior consent.

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3.9 Circled Wardrobe has the right to edit, prepare and adapt offers and contents of users in such a way that they can be displayed on all end devices. Each User is responsible for viewing the complete content of an offer on the platform before making a rental decision.

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4. User ratings and comments

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Users may rate and comment on the Lenders and the Transaction, depending on the technical conditions of the Service.

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5. Conclusion of rental contracts and general Renter obligations

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5.1 The User first submits a binding booking request for the conclusion of a rental agreement to the Lender via the corresponding button ("Buy"). Before that, the Lender has the possibility to contact the user via the corresponding button ("Members Chat") and to determine the possible rental period with him. Circled Wardrobe transmits the data entered by the user in the booking request (period and any other details as well as the personal data disclosed in the booking request form) to the Lender. Circled Wardrobe or the Lender himself then contacts the Renter and sends the Renter either a rejection or a confirmation of the conclusion of a rental agreement. The Lender also has the additional option of sending a message to the Renter via the corresponding button ("Members Chat").

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5.2 Circled Wardrobe accepts payments from the Renter as the Lender's representative on the Lender's behalf. A rental agreement is concluded exclusively between the User and the Lender. The present GTC shall apply to the rental agreement, unless otherwise expressly stipulated on the respective product detail page in permissible cases.

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5.3 The information about the rental objects comes from the Lenders. Possible ratings and comments from other users can only be considered as a respective subjective, private opinion or recommendation and should not be understood as a basis for business when concluding contracts, but at most as an indication of the quality and reliability of the respective Lenders and rental objects.

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5.4 Circled Wardrobe makes every effort to prevent fraudulent use of the service. Unfortunately, however, it cannot be ruled out that this nevertheless happens in individual cases. It is recommended to establish the identity of the other party separately before exchanging services in cases of doubt.

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5.5 The Renter is obliged to treat the rental object with care and to return it to the Lender no later than the day after the end of the rental period. In doing so, a shipping option must be selected that enables tracking of the delivery. The tracking number is to be transmitted to the Lender by the Renter without delay. The costs for the return shipment shall be borne by the Renter.

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5.6 If a Renter has damaged a rental item or soiled it beyond normal wear and tear, this must be reported to the Lender immediately. The renter and Lender will then discuss how the incident will be resolved. If the rental item has been damaged more severely (high cost of repair or if the rental item needs to be replaced) the renter must pay for the damage entirely on their own (repair, cleaning, replacement). In any case, Circled Wardrobe will not be held responsible for the entire cost of the damage.

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6. Use of personal data

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Personal data, especially contact data of others, which are included in the service of Circled Wardrobe or of which the user otherwise gains knowledge in the course of using the service, may be used by Renters and Lenders exclusively for the purpose of initiating and processing rental contracts. In particular, it is prohibited to use corresponding data for advertising purposes and to send unsolicited e-mail, fax or postal mail advertising to the person concerned or to make unsolicited telephone contact with him. The users of the Circled Wardrobe service undertake to comply with all relevant data protection regulations (in particular the DSGVO) as well as other regulations and to indemnify and hold Circled Wardrobe harmless in this context.

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7. Additional services; payment via Circled Wardrobe

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7.1 Circled Wardrobe accepts payments as representative of the respective Lender. The payment of the rental price plus shipping and cleaning costs (minus the Circled Wardrobe service fee) to the Lender will be initiated one day after the start of the rental period. The amount will usually be credited to the specified account within 4-5 working days.

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7.2 Basically Circled Wardrobe offers PayPal and payment by credit card as payment methods. The payment methods actually available are displayed in the booking process. The payment service providers use the data required for payment processing exclusively for the purpose of making payments. The data is transmitted securely via SSL encryption. PayPal transfers, processes and stores personal data in the USA if necessary and has submitted to the Privacy Shield agreement. You can find more information about this in our privacy policy and at https://www.paypal.com/us/webapps/mpp/ua/privacy-full. 

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7.3 The rental price is in EURO including the applicable VAT, if any, and plus the stated costs for postage, shipping and packaging ("Shipping Costs"). The rental price for items rented via the platform is due for payment immediately upon the conclusion of the rental agreement. Payment of the rental price shall be made in advance.

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8. Cancellation option

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8.1 The Renter may cancel the booking against payment of a cancellation fee as follows:

Before acceptance of the booking request by the Lender: free of charge.

Within 24 hours after confirmation of the booking request, provided that at least 7 days before the start of the rental period: free of charge.

After the expiration of the aforementioned periods, the full rental price as well as the 

Circled Wardrobe fee will be charged.

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8.2 Cancellation must be made via Circled Wardrobe customer service (email to: office@circledwardrobe.com), as far as Circled Wardrobe service does not yet offer its own online cancellation function.

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8.3 Possible refunds will be made in the form of a credit to the specified bank account, or via PayPal credit.

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8.4 Insofar as a statutory right of withdrawal exists, this remains unaffected. When exercising the statutory right of withdrawal, no cancellation fee is due.

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9 Term and termination

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9.1 The registration runs for an indefinite period. It can be terminated by the user at any time. Circled Wardrobe may terminate the registration at any time without giving reasons, subject to a notice period of two weeks. For the user's declaration of termination, it is sufficient - if technically possible - to unsubscribe in the personal settings, but in any case to send a message by e-mail to office@circledwardrobe.com. For Circled Wardrobe's termination declaration, an e-mail to the user's e-mail address provided during registration is sufficient.

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9.2 The right to extraordinary termination remains unaffected.

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9.3 Termination of registration does not affect the validity of contracts already concluded.

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9.4 Ratings and comments, which a user has submitted prior to termination, may remain in the system at Circled Wardrobe's discretion unless the user explicitly requests deletion of his ratings and comments.

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10 Liability

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10.1 Circled Wardrobe will pay compensation to users in accordance with the statutory provisions, provided that the damages were caused intentionally or by gross negligence, they are the result of the non-existence of a quality of the service expressly guaranteed in writing, they are based on a culpable breach of essential contractual obligations, it is a matter of personal injury, or for which liability is provided under the Product Liability Act.

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10.2 Material contractual obligations are those contractual obligations the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on, and the violation of which, on the other hand, jeopardizes the achievement of the purpose of the contract.

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10.3 For the rest, the liability of Circled Wardrobe as well as that of assistants of Circled Wardrobe is excluded, regardless of the legal reason.

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11 Amendment of the Terms of Service

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11.1 Circled Wardrobe has the right to supplement the Terms of Service with regulations for the use of any newly introduced additional functions. The planned changes to the Terms of Service will be announced to the User at least two weeks before the planned effective date by e-mail to the e-mail address provided by the User or - depending on the technical circumstances - via the message function of the Service. The User's consent to the amendment of the Terms of Service shall be deemed granted if the User does not object to the amendment in text form (e.g. letter, fax, e-mail) within a period of two weeks, beginning with the day following the amendment announcement. Circled Wardrobe undertakes to separately point out the possibility of objection, the deadline for objection, the text form requirement as well as the significance or consequences of failure to object in the notice of a change.

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11.2 If the User objects to the amendment of the Terms of Service in due form and time, the contractual relationship will continue under the previous conditions. Circled Wardrobe reserves the right to terminate the contractual relationship in this case

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11.3 An amendment of the Terms of Service with the express consent of the user is possible at any time.

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12. Miscellaneous

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12.1 The user is not entitled to set-off unless the counterclaims have been legally established or are expressly acknowledged by Circled Wardrobe in writing.

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12.2 If the user is an entrepreneur, the exclusive place of jurisdiction for all claims arising from the contractual relationship is the court responsible for the subject matter.

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12.3 German law shall apply exclusively to the exclusion of its conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods shall not apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle). The contractual language is German.

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13. granting of rights to content posted by users

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13.1 With regard to all content uploaded by the User, the User grants Circled Wardrobe a gratuitous, temporally and locally unrestricted, simple right to use the content in its own or third-party media. The transfer of rights includes in particular the right to reproduce, make publicly available, edit, broadcast and distribute the content.

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13.2 Circled Wardrobe has the right to grant sublicenses for these rights to companies affiliated with Circled Wardrobe.

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13.3 In addition, the User grants Circled Wardrobe, with respect to its Content published in connection with the posting of an Item on the Platform, the right to grant sublicenses to any number of Buyers to make the Content publicly available, reproduce and edit the Content.

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13.4 The User assures that he/she is the sole and unrestricted owner of the rights to the contents mentioned in section 13 and that he/she has not yet made any disposition contrary to this transfer of rights.

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ANNEX

SPECIAL TERMS OF USE FOR LENDERS

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1. Rental contracts

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1.1 Circled Wardrobe itself does not offer any items for rent but acts only as a platform for brokering rental contracts. Circled Wardrobe is not a contractual partner of the rental contract. The rental agreement is concluded exclusively between the Lender and the Renter.

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1.2 Circled Wardrobe reserves the right, in exceptional cases (e.g. for test purposes), to also place its own rental items.

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2 Conclusion of contract

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2.1 The placement (i.e. putting online) of individual items is free of charge. Circled Wardrobe receives a commission from the Lender for each rental contract that the Lender concludes with a Renter.

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2.2 The booking process and the conclusion of the rental agreement as well as payments are made exclusively via the Circled Wardrobe platform. The real turnover value of the bookings must always be truthfully stated.

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2.3 Circled Wardrobe is authorized by the Lender to offer the rental object for rental on the platform at the conditions (rental price, etc.) determined by the Lender, in the availability period determined by the Lender, in the name and for the account of the Lender.

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2.4 Insofar as the Lender does not specify its own rental conditions, Circled Wardrobe is authorized to determine the rental conditions on behalf of the Lender under its own responsibility. In any case, the Cancellation Conditions (as set forth in the User Terms and Conditions) shall prevail, so that Renters may cancel or terminate their Tenancy Agreements in accordance with the Cancellation Conditions with effect vis-à-vis the Lender. The Lender shall adjust its rental conditions accordingly.

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2.5 The Lender shall provide Circled Wardrobe with details of item details, availabilities and other technical details. The Lender undertakes to update the details regularly in the form provided by Circled Wardrobe or an email to office@circledwardrobe.com and guarantees that the details are up-to-date, complete and correct. Furthermore, the Lender guarantees that he complies with all consumer information obligations (e.g. imprint, general terms and conditions) and that other legal regulations are observed by him.

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2.6 By successfully concluding the rental agreement via the platform, a rental agreement is concluded between the Lender and the Renter. Warranty and liability claims arising from this contract are exclusively between the Lender and the Renter. The Lender and the Renter agree on the details for the collection and return of the rental object. The Lender is obliged to make the rental object available to the Renter at the agreed time in a condition in accordance with the contract after a successful booking and to duly fulfil the rental contract.

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2.7 The Lender must send the Rental Goods to the Renter in time so that they arrive at the Renter at least one day before the beginning of the rental period. If the start of the rental period falls on a Monday, the Rental Goods must arrive no later than the preceding Saturday. The Lender is entitled to ship the rental object with a shipping service provider of its choice. In any case, however, should always select a delivery method with a tracking number. The Renter shall be informed of this no later than 24 hours after dispatch.

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2.8 Lender shall notify Renter in text form of any delays in delivery/handover of the Rental Goods within 3 working days of becoming aware of them. If the Rental Goods do not arrive on time for reasons attributable to Lender, all payments shall be refunded to Renter by Lender. If the delay was caused by a shipping service provider (e.g. post), the costs shall be shared between Renter and Lender. If the Renter is still interested in using the rental object for the remaining rental period in the event of delivery delays for longer rental periods, the Lender shall reimburse those days that the rental object arrives late. Renter shall notify Lenderif the item has not arrived after the expiration of the specified delivery date. After the expiry of the stated delivery date, the Renter shall notify the Lender's side immediately, i.e. idR 24 hours time, that he has not received the garment. The Lender side shall then provide updated information on the delivery or make a refund. It usually takes 3 to 5 business days for the refund to be processed through the payment processor.

In the event of any delivery problems, in particular delivery delays, rental items that have not arrived, incorrect tracking numbers, etc., Circled Wardrobe is not liable for damages of any kind, regardless of the legal reason.

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2.9 Payments by the Hirers are made to Circled Wardrobe as the representative of the Rental Firm. In case of cancellation prior to collection or delivery of the rented item, the Lender will charge a cancellation fee as stated in the Cancellation Conditions (as per User Terms and Conditions). Payment services for Renters on Circled Wardrobe are provided by PayPal and Stripe and are subject to the terms of use of the payment service provider. The Lender agrees to provide full and complete information about itself and, where applicable, its business to Circled Wardrobe, and authorizes Circled Wardrobe to share such information and transaction information with the Payment Service Provider.

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2.10 Entitlement to the commission arises when a rental agreement is concluded between the Lender and the Renter.

If Circled Wardrobe provides the payment service, Circled Wardrobe will retain a commission of 15% of the rental price plus shipping and cleaning costs on each payment.

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3. Price increases

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Circled Wardrobe is entitled to change the commissions within the contract period by notifying the Lender of the new commissions in text form (which also includes e-mails) at least two weeks before the next invoice is issued. If the Lender does not object to the changes within one month of receiving the notification, they are deemed accepted. Circled Wardrobe will specifically point out the effect of the fictitious approval to the Lender at the beginning of the period. The Lender is entitled to terminate the contractual relationship extraordinarily within a period of one month after receipt of the notification with effect from the time the new commissions come into force. If the Lender objects to the price increase, Circled Wardrobe is entitled to terminate the contractual relationship without notice with effect from the time the new commissions come into force. The notice of termination must be in text form.

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4. Extraordinary termination / Termination

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Each party is entitled to terminate this contract extraordinarily with immediate effect if there is an important reason. An important reason, which entitles Circled Wardrobe to terminate, exists in particular,

• if prohibited rental items are offered for rental;

• if prohibited statements are made within the scope of the item description;

• in case of circumventing actions to avoid commission claims of Circled Wardrobe;

• if the renter violates the GTC or the special terms of use for a renter or Circled Wardrobe has reasonable suspicion of such a violation; or

• if the Lender fails to provide any evidence requested by Circled Wardrobe pursuant to clause 7.4 within 2 weeks of receiving a request to do so.

As an alternative to extraordinary termination, Circled Wardrobe is entitled to delete the items and block the user account completely or temporarily. Upon termination of the contract, the relevant articles of the renter will be put offline by Circled Wardrobe.

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5. Billing, payment

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5.1 Invoices shall be sent by Circled Wardrobe via e-mail to the contact details provided by the Lender. The invoice is deemed to have been received on the day the invoice e-mail is sent. All remunerations are inclusive of the statutory value-added tax. Circled Wardrobe is entitled to set off payments owed by the Lender (including commissions) against payments received by Circled Wardrobe on behalf of the Lender.

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5.2 If the Lender is in arrears with the payment of the commission or the agreed remuneration for the additional service, Circled Wardrobe may withhold or temporarily suspend the services owed by it, block the user account and/or terminate the contractual relationship extraordinarily, if it gives the Lender one week's notice of this and the Lender does not make the payments owed by him in full within this period. Further rights of Circled Wardrobe remain unaffected.

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6. industrial property rights/exemption

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6.1 The Lender indemnifies and holds Circled Wardrobe harmless from and against all claims of third parties, which these third parties assert against Circled Wardrobe due to posted offers or contents, including the evaluations made by the Lender, or due to the unauthorized offering or renting of a legally protected object. The indemnification includes in particular the reasonable costs of a necessary legal representation.

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6.2 The Hirer shall indemnify and hold Circled Wardrobe harmless on first demand in respect of all costs and damages incurred as a result of Circled Wardrobe being held liable by third parties because the Hirer has culpably breached its obligations under this Agreement or a Rental Agreement.

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6.3 In the event of a claim against Circled Wardrobe, the Lender is obliged to immediately, truthfully and completely provide all information that is necessary or expedient for the examination of the claims and the defence against the claims.

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6.4 Circled Wardrobe's claims beyond this remain unaffected.

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7. Publication of rental objects, information, comments

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7.1 The Lender has the option to post individual rental items on the Service and to offer them for rent via the Service. The Lender is obligated to place the rental object offered by him in the appropriate category, to describe it correctly and completely, and to truthfully state all rental conditions and properties and features of the rental object that are essential for the rental decision. In doing so, the Lender shall observe the relevant legal requirements, in particular the provisions of the Act against Unfair Competition. In particular, the information about the leased property must not be misleading.

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7.2 If the Renter is a consumer within the meaning of the Consumer Protection Act, the rental price stated in the offer shall be stated as gross price.

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7.3 The Lender shall be obliged to provide all information required by the statutory provisions (e.g. for distance contracts, imprint obligations pursuant to § 5 TMG) in the prescribed form and at the prescribed time, in particular, to disclose its identity, to provide its summonable address and, if applicable, to refer to the statutory right of revocation.

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7.4 The Lender warrants that no rights of third parties, in particular third-party copyrights or personal rights, are infringed by the use of the illustrations describing the offered rental objects in more detail within the scope of the service. Photos must depict the rental items themselves; Circled Wardrobe is entitled to demand proof in a suitable form. The Lender grants Circled Wardrobe, free of charge, the non-exclusive, temporally and spatially unlimited, transferable and sub-licensable rights of use to the content and images posted by him within the framework of the Circled Wardrobe online presence, in particular the right to reproduce, make publicly available and distribute, also in edited and modified form.

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7.5 The Lender is obligated to immediately remove rental items posted by him from the Service if they are no longer offered for rental.

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7.6 The Lender is obliged to provide all data, in particular information on billing and delivery addresses, truthfully and completely. In case of a change in the deposited data, the Lender has to update his information in his user account immediately or - if this is not possible - inform Circled Wardrobe immediately about the changes.

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8. Evasion

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8.1 Circled Wardrobe users are prohibited from concluding rental contracts or economically equivalent contracts for the transfer of rental items offered on the platform by other means - for example, by using the "message" function while circumventing the service. Circled Wardrobe reserves the right to check the Lender's compliance with the prohibition of circumvention in an appropriate manner.

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8.2 In the event of a violation of the prohibition of circumvention, the Lender is obligated to pay Circled Wardrobe a lump-sum contractual penalty, regardless of fault, in the amount of twice the amount of the commission lost as a result, but at least in the amount of EUR 100.

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9. Prohibited rental items

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9.1 It is prohibited to offer items,

• the rental of which is punishable by law or an administrative offence;

• the rental, making available or advertising of which violates the property rights of third parties or other rights of third parties;

• which bear the marks of unconstitutional organizations;

• which are directly hazardous to health; or

• the renting of which would offend common decency.

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9.2 Circled Wardrobe reserves the right to remove offers that violate these special terms of use or applicable law without giving reasons and without prior warning.

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10. Prohibited information

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10.1 The description of the Rental Items provided by the Lender, including uploaded images, may not contain any advertising for products other than the Rental Items offered, unless prior express written consent has been obtained from Circled Wardrobe.

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10.2 The setting of links to external internet offers or an internet offer operated by the Lender is only permitted with the prior express written consent of Circled Wardrobe.

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10.3 The naming of the contact details of the Lender within the description of the rental items, including the short description and the title, is not permitted.

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11. Data protection

 

Personal data, in particular contact data of others, which are included in the service of Circled Wardrobe or of which the Lender otherwise gains knowledge in the course of using the service, may only be used for the purpose of initiating and processing rental agreements. In particular, it is prohibited to use corresponding data for advertising purposes and to send unsolicited e-mail, fax or postal mail advertising to the person concerned or to make unsolicited telephone contact with him/her. Reference is made to the Circled Wardrobe privacy policy.