Purpose
The purpose of the marketplace is to provide a platform for inventory goods, surplus stock, and second-hand products between distributors and/or brands as well as retailers and second-hand shops. Sales occur only between retailers and distributors (or brands); they decide independently and at their discretion whether to enter into contracts through the platform. recash (i) is neither a seller nor a reseller nor the owner of the products offered on the platform, (ii) is never in possession of the products available for purchase, (iii) does not hold the products in stock, and (iv) does not store the products as a manager or trustee. Therefore, recash cannot be held liable for actions or omissions that the distributor (or brand) or the retailer may commit on this platform.
The platform and services are provided free of charge to retailers; retailers do not make payments to recash. All payments made by retailers on the platform are directed to the distributors, who pay a commission to recash for the facilitation of purchases made by retailers. recash reserves the right to change these terms of use at any time. Changes to the terms of use become effective fifteen (15) calendar days after they are published online.
These General Terms and Conditions (GTC) apply to the use of the recash marketplace, operated by Circular Service GmbH (Dingolfinger Str. 15, 81673 Munich), hereinafter referred to as “recash.ˮ Access to the marketplace is exclusively available to commercial enterprises (hereinafter referred to as "buyers") and partner companies that offer inventory goods, surplus stock, and second-hand products (hereinafter referred to as “partnersˮ).
recash acts solely as an intermediary and is never the owner of the listed products. The purchase contract is concluded directly between the buyer and the partner. recash assumes no liability for the quality, product information, trademarks, or distribution rights of the offered goods.
2.1 Approval and Activation
Use of the marketplace requires prior approval from recash. Access is reserved exclusively for merchants in accordance with the German Commercial Code and public law entities. After approval, the buyer must provide company and billing data, name a contact person, and indicate whether the marketplace will be used for purchasing and/or selling.
2.2 Access Grant and Verification
Upon approval of the application, the buyer will receive confirmation via email and access to the marketplace, which will be activated by verifying the email address. The platform is provided free of charge for buyers, while partners pay a commission for the mediation services, which becomes due upon invoicing.
2.3 Withdrawal of Approval
recash reserves the right to withdraw approval from a user or block access to the marketplace if there is a suspicion of a violation of these GTC. The user may clear this suspicion with evidence at their own expense.
2.4 Account Management and Deletion
The buyer has the option to manage their account at any time. A complete deletion of the account can be requested in writing by the buyer. To do so, the buyer should contact info@recash.de directly. recash will process the request within five (5) business days.
recash provides a platform that enables automated communication between buyers and partners. All transaction data and communications are viewable in the user account, and order confirmations as well as further instructions will be sent via email.
All offers on the marketplace are non-binding. The order placed by the buyer constitutes a binding purchase and thus a binding offer to the partner. The partner is obligated to deliver but has the right to accept the offer within five (5) days. However, it may happen that products are already sold out or that there are deviations from the specifications (e.g., a lower quantity of a particular size). recash acts as the communication and point of contact for buyers and will ensure a smooth process.
Invoices are uploaded by the dealer or brand to the marketplace after the buyer receives the order. Once the invoice is uploaded, the buyer receives a notification and must settle it as soon as possible. Only after the invoice has been settled will the goods be shipped.
The buyer is obliged to examine the received goods for defects immediately upon receipt. Obvious defects must be reported in writing within three (3) business days after delivery, and hidden defects within their discovery. If no defect report is made within these deadlines, the goods shall be deemed accepted.
Invoice amounts are to be paid immediately upon receipt without deductions unless otherwise agreed. In the event of payment delays, default interest will be charged according to the statutory interest rate. All prices are net prices and are subject to the applicable value-added tax and any additional charges.
7.1 Confidentiality and Data Security
recash's servers are protected by firewalls according to the state of the art; however, absolute security of data transmission cannot be guaranteed. The buyer accepts the potential risk of data transmission over the internet.
7.2 Storage and Use of Data
The buyer agrees that recash may store data about transaction processes and user behavior in anonymized form and use it for marketing purposes. recash is entitled to process and store non-personal data during the term of the contract. This includes information that the buyer provides for registration and company presentation on the marketplace.
Personal data will be processed in accordance with recash's data protection regulations, which can be viewed in the privacy policy at [link].
The following actions are prohibited:
recash assumes no liability for the quality of the goods, the use of trademarks, or product information and distribution rights. Any errors or defects in the partners' offers are the responsibility of the respective partner.
recash reserves the right to change these GTC at any time. The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from this contractual relationship is Munich.
1.1 These General Terms and Conditions (GTC) apply to all business relationships between recash and buyers ("Purchaser") when recash is the seller of the products, including but not limited to secondhand products. The GTC apply only if the Purchaser is an entrepreneur (according to § 14 of the German Civil Code), a legal entity under public law, or a special fund under public law. By placing an order, the Purchaser confirms that they are an entrepreneur as defined here.
1.2 Our products are sold and delivered solely according to these GTC. They take precedence over conflicting or deviating terms of the Purchaser unless we have expressly agreed to them in writing beforehand. The mere delivery of goods does not constitute acceptance of such terms, even if we deliver knowing of the Purchaser's conflicting or deviating terms.
1.3 Individual agreements made with the Purchaser in individual cases take precedence over these GTC. A written agreement or our written confirmation is decisive for the content of such agreements.
1.4 Agreements, additions, and subsequent changes to agreements require written confirmation to be effective. This also applies to any changes to this clause requiring written form. A confirmation by email is also considered written confirmation.
1.5 These GTC form the basis for all future sales to the Purchaser.
2.1 Our offers are non-binding and subject to change. This also applies if we have sent catalogs, other product descriptions, or documents—including in electronic form—to the Purchaser, in which we reserve ownership and copyright rights.
2.2 The order of the goods by the Purchaser is deemed a binding contractual offer. Unless otherwise specified in the order, we are entitled to accept this contractual offer within five (5) days of receipt. Acceptance by us must be in writing.
3.1 The prices apply to the scope of delivery specified in the order confirmations. Additional or special services will be billed separately. Prices are quoted in euros ex works, plus packaging, the applicable statutory VAT, and any customs duties or other public charges.
3.2 If the agreed prices are based on our list prices and the delivery occurs more than four months after the conclusion of the contract, the list prices valid at the time of contract conclusion apply.
3.3 Invoice amounts are payable immediately without deduction unless otherwise agreed in writing. The receipt by us is decisive for the payment date. Payment by check is excluded unless specifically agreed in an individual case.
3.4 In the event of default in payment, the outstanding amounts will accrue interest at the statutory rate from the due date; the assertion of further claims in the event of payment default remains unaffected.
3.5 Offsetting against counterclaims of the Purchaser or withholding payments based on such claims is only permissible if the counterclaims are undisputed or legally established or arise from the same order in which the relevant delivery took place.
3.6 We are entitled to make outstanding deliveries only against advance payment or security if we become aware of circumstances after the conclusion of the contract that significantly diminish the creditworthiness of the Purchaser and jeopardize the payment of our outstanding claims.
4.1 Delivery is made to the address specified by the Purchaser. The shipping costs will be indicated in the order confirmation.
4.2 The risk of loss or damage to the goods passes to the Purchaser upon handover to the carrier.
5.1 The warranty is in accordance with statutory provisions. The Purchaser is required to inspect the goods for defects immediately upon receipt. Obvious defects must be reported in writing within three (3) working days after delivery. Hidden defects must be reported immediately upon discovery.
5.2 Warranty is excluded unless the defect was caused intentionally or by gross negligence.
5.3 recash is not liable for damages resulting from the use of the products or from the products offered unless such damages are due to gross negligence or intentional misconduct by recash.
6.1 The goods ordered remain our property until all claims from the business relationship have been fully settled.
6.2 The Buyer is entitled to resell the delivered goods in the ordinary course of business. This right automatically ceases if the Buyer fails to meet their payment obligations, becomes insolvent, or if a bankruptcy or liquidation proceeding is initiated against the Buyer.
6.3 The Buyer hereby assigns to us all claims in the amount of the invoice total that arise from the resale of the delivered goods to a third party. We accept the assignment.
6.4 After assignment, the Buyer is authorized to collect the claim. We undertake not to collect the claim as long as the Buyer meets their payment obligations properly, does not experience financial collapse, and no application for the opening of insolvency proceedings is filed.
6.5 The processing and transformation of goods supplied by us and owned by us are carried out in our name and on our account. If processing is done with items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods we supplied.
6.6 The same applies if the delivered goods are mixed with other items not belonging to us.
6.7 If the realizable value of the securities exceeds our claims by more than 10%, we shall release securities at our discretion.
7.1 In the event of unforeseeable circumstances such as war, strikes, pandemics, lockouts, energy and raw material shortages, severe transport problems, governmental orders, or other cases of force majeure affecting us or our suppliers, the seller's delivery obligation is suspended for as long as the events or their consequences last.
7.2 Any delivery period will be extended by the duration of the aforementioned events and their consequences.
7.3 If the end of such events is not foreseeable, the seller is entitled to withdraw from the contract in whole or in part without being liable for damages.
7.4 Any provided securities will not be offset against this.
8.1 The delivered goods must be carefully inspected by the Purchaser immediately after collection or upon transfer to the Purchaser or the third party designated by them.
8.2 The goods shall be deemed accepted concerning obvious defects or other defects that could have been recognized through immediate, careful inspection if we do not receive a written notice of defect within 3 working days after delivery.
8.3 For hidden defects, the delivery items shall be deemed accepted if the notice of defect is not received by us within 3 working days from the point in time when the defect became apparent.
8.4 If the defect was already obvious at an earlier time during normal use, this earlier time is decisive for the start of the notice period.
8.5 The date of receipt of the notice by us is decisive for compliance with the deadline.
8.6 The warranty is excluded unless the defect was caused intentionally or through gross negligence.
9.1 Data protection is regulated in accordance with applicable legal provisions. recash collects and processes personal data of the Purchasers exclusively within the framework of legal provisions and to fulfill contractual obligations.
9.2 The privacy policy of recash can be viewed at [Link to Privacy Policy].
10.1 These GTC are subject to the law of the Federal Republic of Germany.
10.2 Changes and additions require written form.
10.3 If any provision of these GTC is found to be invalid, the validity of the remaining provisions shall remain unaffected.
10.4 The place of jurisdiction for all disputes arising from this contractual relationship is the registered office of recash in Munich.