LEGAL

LEGAL

 

Terms of Use

Privacy & Cookies

Coyright Policy

 

TERMS OF USE

Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the website and services offered by BACKSTYLE. The Agreement sets out the legally binding terms and conditions for your use of the website at backstyle.net (the "Site") and all services provided by BACKSTYLE on the site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies refered to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please refer to the Help section of the Site.

BACKSTYLE IS A VENUE

BACKSTYLE acts as a venue to allow users, who comply with BACKSTYLE's policies, to offer, sell and buy certain fashion goods within a fixed-price format. BACKSTYLE is not directly involved in the transactions between buyers and sellers. As a result, BACKSTYLE has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. BACKSTYLE does not pre-screen content or information provided by users. BACKSTYLE cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, BACKSTYLE does not transfer legal ownership of items from the seller to the buyer.

BACKSTYLE cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site.

You agree that BACKSTYLE is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on BACKSTYLE. You use the BACKSTYLE service at your own risk.

MEMBERSHIP ELIGIBILITY

Age: BACKSTYLE's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. BACKSTYLE may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by BACKSTYLE's policies as stated in the Agreement and the BACKSTYLE policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by BACKSTYLE, each of which is incorporated herein by reference and each of which may be updated by BACKSTYLE from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions published by BACKSTYLE from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify BACKSTYLE of any unauthorised use of your password or any breach of security. You also agree that BACKSTYLE cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than BACKSTYLE without BACKSTYLE's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on BACKSTYLE you must provide and maintain a valid PayPal account and postal address.

Account Transfer: You may not transfer or sell your BACKSTYLE account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Account Ownership: BACKSTYLE SELLERS may operate one active selling account at any one time. If a secondary account is required then the SELLER must request written permission from BACKSTYLE. BACKSTYLE reserves the right to reject any application and may, at its discretion, terminate additional selling accounts without prior warning.

Right to Refuse Service: BACKSTYLE reserves the right to refuse service to anyone at any time. BACKSTYLE's services are not available to temporarily or indefinitely suspended BACKSTYLE members. BACKSTYLE reserves the right, in BACKSTYLE's sole discretion, to cancel unconfirmed or inactive accounts.

FEES AND SERVICES

For individual sellers and profesional sellers, joining BACKSTYLE and listing items is free. BACKSTYLE charges a percentage of the sale price when the item sells. BACKSTYLE's Features and Fees, which are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for BACKSTYLE's services are effective after BACKSTYLE provides you with at least thirty (30) days' notice by posting the changes on the Site. However, BACKSTYLE may choose to temporarily change the Features & Fees for it's services for promotional events; such changes are effective when BACKSTYLE posts the temporary promotional event on the Site. BACKSTYLE may decrease the fees as stated in the Features & Fees with no notice. BACKSTYLE may, at it's sole discretion, change some or all of BACKSTYLE's services at any time. In the event BACKSTYLE introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in EURO (€).

You are responsible for paying all fees and applicable taxes associated with using BACKSTYLE. BACKSTYLE keeps accepted payment information on file. If a seller has fees due to BACKSTYLE, this amount will be taken automatically by BACKSTYLE from the seller’s registered PayPal account. If the Seller fails to pay the amount due in full they risk penalties such as termination of their shop subscription, suspension of their selling privileges or termination of their account.

All fees are inclusive of Germany VAT where applicable. In certain circumstances fees will not be subject to Germany VAT but you may be liable to indirect taxes in your own country. BACKSTYLE recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU sellers who are VAT-registered. EU sellers are liable to notify BACKSTYLE of any change in VAT status.

Fees and Termination: If BACKSTYLE terminates a listing or your account, if you close your account, or if the payment of your BACKSTYLE fees cannot be completed for any reason, you remain obligated to pay BACKSTYLE for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account. If you have a question or wish to dispute a charge, contact BACKSTYLE.

LISTING AND SELLING

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with BACKSTYLE's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being colour variations details of which must be included on the listing.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding BACKSTYLE transaction fees, misrepresent the item's location, or use another user's account without permission. Sellers may not encourage buyers to purchase an item listed on BACKSTYLE outside of the BACKSTYLE site, such as directly through PayPal. This may also constitute fee avoidance.

PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES

 

You are solely responsible for your conduct and activities on and regarding to BACKSTYLE and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on BACKSTYLE.

Restricted Activities: Your Content and your use of BACKSTYLE:

  • Must not be false, inaccurate or misleading

  • Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items

  • Must not involve the sale of real fur items. See our selling FAQs.

  • Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, BACKSTYLE's Copyright Policy)

  • Must not violate this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

  • Must not contain items that have been identified as hazardous to consumers

  • Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including BACKSTYLE staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

  • Must not be obscene

  • Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information

  • Must not modify, adapt or hack BACKSTYLE or modify another website so as to falsely imply that it is associated with BACKSTYLE;

  • Must not link directly or indirectly, reference or contain descrtions of goods or services that are prohibited under this Agreement or other policy documents as posted on BACKSTYLE.

Furthermore, you must not list any item on BACKSTYLE (or conclude any transaction that was initiated using BACKSTYLE's service) that, by paying to BACKSTYLE a commission fee, could cause BACKSTYLE to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

CONTENT

License: BACKSTYLE does not claim ownership rights in your Content. You grant BACKSTYLE a licence solely to enable BACKSTYLE to use any information or Content you supply BACKSTYLE with so that BACKSTYLE is not violating any rights you might have in that Content. You grant BACKSTYLE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow BACKSTYLE to store or re-format your Content on BACKSTYLE and display your Content on BACKSTYLE in any way as BACKSTYLE chooses. BACKSTYLE will only use personal information in accordance with BACKSTYLE's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another BACKSTYLE.NET user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for BACKSTYLE-related communications. BACKSTYLE has not granted you a licence to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any BACKSTYLE user to your email or physical mail list. For more information, see BACKSTYLE's Privacy Policy.

By uploading shop images to BACKSTYLE, you agree that BACKSTYLE has the right to use your images to promote BACKSTYLE and/or your shop store in any external press as well as across all BACKSTYLE Websites.

Re-Posting Content: By posting Content on BACKSTYLE, it is possible for an outside website or a third party to re-post that Content. You agree to hold BACKSTYLE harmless for any dispute concerning this use. If you choose to display your own BACKSTYLE-hosted image on another website, the image must provide a link back to its listing page on BACKSTYLE.

Idea Submissions: BACKSTYLE considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and BACKSTYLE shall not be liable for the disclosure or use of such Material. If, at BACKSTYLE's request, any member sends Material to improve the site (for example through the Forums or to customer support), BACKSTYLE will also consider that Material to be non-confidential and non-proprietary and BACKSTYLE will not be liable for use or disclosure of the Material. Any communication by you to BACKSTYLE is subject to this Agreement. You hereby grant and agree to grant BACKSTYLE, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

MESSAGING

Messaging is your way to communicate privately with other BACKSTYLE members. It’s essentially email, but purely for BACKSTYLE members. Messages are primarily intended for communicating about transactions and orders that are underway.

  • You must not use Messages to send unsolicited advertising or promotions, requests for donations or "spam”, or pass on email addresses or any other information on to third parties.

  • Spamming other shops in order to ask them to ‘follow’ your own shops will not be tolerated.

  • Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.

  • You must not use messages to knowingly harass, threaten, blackmail or abuse another member.

  • If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.

  • You must not use Messages to interfere with a transaction. This means…

    1. You must not contact another member to buy or sell an item listed on BACKSTYLE outside of the BACKSTYLE site. This may also constitute fee avoidance.

    2. You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.

As an anti-spam measure, sending too many messages too quickly may auto-disable your Messages. You must contact us to have your ability to send Messages reinstated.

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INFORMATION CONTROL

BACKSTYLE does not control the Content provided by users that is made available on BACKSTYLE. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.

Additionally, there may also be risks dealing with international trade. By using BACKSTYLE, you agree to accept such risks and that BACKSTYLE (and BACKSTYLE's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on BACKSTYLE. Please use caution, common sense, and practice safe buying and selling when using BACKSTYLE.

Other Resources: BACKSTYLE is not responsible for the availability of outside websites or resources linked to or referenced on the Site. BACKSTYLE does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that BACKSTYLE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

INTERACTIONS WITH OTHER USERS

Users are solely responsible for interactions with others. Users understand that BACKSTYLE does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

RESOLUTION OF DISPUTES AND RELEASE

In the event a dispute arises between you and BACKSTYLE, please contact BACKSTYLE.

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of Germany. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you reléase BACKSTYLE (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

BACKSTYLE, for the benefit of users, may try to help users resolve disputes. BACKSTYLE does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that BACKSTYLE attempts to resolve a dispute it will do so in good faith based solely on its policies. BACKSTYLE will not make judgments regarding legal issues or claims and all disputes related to transactions will ultimately be determined by PayPal.

BACKSTYLE'S INTELLECTUAL PROPERTY

BACKSTYLE, and other BACKSTYLE graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of BACKSTYLE plc and its subsidiaries. BACKSTYLE's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

BREACH

Without limiting any other remedies, BACKSTYLE may, without notice, and without refunding any fees, delay or immediately remove Content, warn BACKSTYLE's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

 

  • BACKSTYLE suspects a user has breached this Agreement, the Privacy Policy, The DOs & DON'Ts of BACKSTYLE, or other policy documents and community guidelines incorporated herein.

  • BACKSTYLE is unable to verify or authenticate any of your personal information or Content

  • BACKSTYLE believes that a user is acting inconsistently with the letter or spirit of BACKSTYLE's policies, has engaged in improper or fraudulent activity in connection with BACKSTYLE or the actions may cause legal liability or financial loss to BACKSTYLE's users or to BACKSTYLE.

PRIVACY

Except as provided in BACKSTYLE's Privacy Policy BACKSTYLE will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

NO WARRANTY

BACKSTYLE, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE BACKSTYLE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BACKSTYLE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BACKSTYLE SHALL CREATE ANY WARRANTY.

LIABILITY LIMIT

IN NO EVENT SHALL BACKSTYLE, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, BACKSTYLE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

BACKSTYLE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BACKSTYLE'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BACKSTYLE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) €100.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD BACKSTYLE AND (AS APPLICABLE) BACKSTYLE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

NO GUARANTEE

BACKSTYLE does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside BACKSTYLE's control.

LEGAL COMPLIANCE; TAXES

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any BACKSTYLE service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

NO AGENCY

You and BACKSTYLE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

BACKSTYLE SERVICE

BACKSTYLE reserves the right to modify or terminate the BACKSTYLE service for any reason, without notice, at any time. BACKSTYLE reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If BACKSTYLE makes a material change BACKSTYLE will notify you here, by email, by means of a notice on our home page, or other places BACKSTYLE deems appropriate. What constitutes a "material change" will be determined at BACKSTYLE's sole discretion, in good faith, and using common sense and reasonable judgment.

CHOICE OF LAW

This Agreement shall in all respects be interpreted and governed by the laws of Germany.

SURVIVAL

Sections BACKSTYLE Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users, Resolution Of Disputes And Release, BACKSTYLE's Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, BACKSTYLE Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by post to BACKSTYLE; Prenzlauer Allee, 36E, 10405, Berlin, Germany (in the case of BACKSTYLE) or, in your case, to the email address you provide to BACKSTYLE (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BACKSTYLE may give you notice by post to the address provided to BACKSTYLE. In such case, notice shall be deemed given three days after the date of posting.

For issues with intellectual property, please provide the notice as specified in BACKSTYLE's Copyright Policy.

DISCLOSURES

The services hereunder are offered by BACKSTYLE, located at prenzlauer Allee, 36E, 10405, Berlin, Germany.

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YOUR PRIVACY

BACKSTYLE.NET ("BACKSTYLE") is totally committed to protecting the privacy of our site visitors and customers. The team at BACKSTYLE are not robots, we are human, and customers of this, and other Internet sites. We fully appreciate the importance of having our own privacy protected on the internet and we respect your right to that same privacy.

We will not disclose information about our customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling. We will only otherwise disclose your information where we have your express permission to do so.

YOUR CONSENT

We will not sell your name, address, e-mail address, telephone number or credit card information or personal information to any third party (excluding partners from whom you may have linked to our site) without your permission.

COMMUNICATION & MARKETING

If you have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail, post & telephone. You will also be given the opportunity to receive such communications from us and selected third parties when you become a member of BACKSTYLE.

All BACKSTYLE members have the option to opt-out of receiving marketing communications from us and/or selected third parties. If you do not wish to continue to receive marketing from us and/or selected third parties you should contact us. Or click on the Unsubscribe link in any email communications which we might send you.

WHAT ARE COOKIES?

A cookie is a small information file that is sent to your computer, mobile or other device when you visit a website and it will recognise your device on future visits. These types of files do a number of different jobs such as remembering your preferences and chosen items, assisting you to improve your site experience as well as trying to ensure that the adverts or offers you see online are more relevant to you. These “cookies” can be divided into 4 types each of which is outlined below.

Category 1: Strictly Necessary Cookies

These cookies are essential in order to enable the site to provide services you have asked for such as remembering your shopping bag items.

Category 2: Performance Cookies

This type collect anonymous information on how people use the site and the data is merged with other users to enable us to improve how the site operates. For example we utilise Google Analytics cookies to help us understand how customers arrive at our site, browse or use our site and highlight areas where we can improve areas such as navigation, shopping experience and marketing campaigns. The data stored by these cookies never shows personal details from which your individual identity can be established.

Category 3: Functionality Cookies

These remember choices you make such as language, search parameters such as size, colour or product line. These can then be used to provide you with an experience more appropriate with your selections and make the visits more tailored and pleasant. The information is also merged with other users on an anonymous basis to enable us to improve how the site operates. For example our Saved Items feature utilises a cookie to remember the products which you have expressed a wish to save whilst browsing our website.

Category 4: Targeting Cookies or Advertising Cookies

These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertisers. For example we use 3rd party companies such as Criteo to provide you with more personalised adverts when visiting other websites.

You can change the settings on your browser to prevent cookies being stored on your computer or mobile device without your explicit consent. Your browser “help” section will normally provide details on how to manage the cookie settings.

 

SITE STATISTICS

We may disclose aggregate, anonymised statistics about the number of visitors to this Website or number of purchases made as required by our investors. We use an independent measurement and research company to gather data regarding the visitors to this Website on our behalf using cookies and code which is embedded in the site. Both the cookies and the embedded code provide statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors' screen settings and other general information. BACKSTYLE uses and stores this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users. Further information regarding the way in which this information is obtained and used can be obtained by contacting customer care.

 

TRANSFERS OF YOUR INFORMATION

The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for BACKSTYLE or one of our suppliers. Such processing may, for example, be required in order to fulfil your order, process your payment details or provide support services.

Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

DISCLOSURES OF YOUR INFORMATION

We may disclose your personal information to any of our group of companies. We may also disclose your personal information to third parties:

  • in the event that BACKSTYLE sells or buys any business or assets;

  • if BACKSTYLE or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or

  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use; or to protect the rights, property, or safety of BACKSTYLE, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

THIRD PARTY SITES

Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

CHECKING YOUR DETAILS

If you wish to verify the details you have submitted to BACKSTYLE you may do so by contacting us via the e-mail address or address given below. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail and password. We would strongly recommend that you do not use the browser's password memory function as that would permit other people using your terminal to access your personal information.

CONTACTING US

BACKSTYLE (at the address below) is the data controller for the purpose of the Data Protection Act 1998 (the Act).

You have the right to access the information which BACKSTYLE holds about you and your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of €10 to meet our costs in providing you with details of the information we hold about you.

We always want to hear from our customers, even if it is in the form of a complaint. We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied - we want you to return to the site and to recommend us to your friends and family. If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact a customer service member of the BACKSTYLE team, who will be delighted to answer any questions you may have.

You can either contacts [email protected] or write to:

Backstyle – Prenzlauer Allee, 36E, 10405, Berlin, Germany.

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COPYRIGHT POLICY

BACKSTYLE is dedicated to protecting intellectual property rights, copyrights and trademarks, our legal eagles would like you all to be aware of our policies in this area.

BACKSTYLE works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our customer care team and we will investigate.

BACKSTYLE operates a zero tolerance policy against anyone found to be selling counterfeit goods.

CONTENT

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

LIABILITY

You will not hold BACKSTYLE responsible for any loss you may incur as a result of BACKSTYLE taking any of the actions described in the Terms of Use, Do's and Don'ts, Privacy Policy or Copyright Policy above nor for other users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items. Our site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a fixed price format. At no point do we have possession of anything listed or sold through BACKSTYLE.

We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programmes, we have no control over and do not guarantee:

  • the quality, safety or legality of items advertised;

  • the truth or accuracy of listings;

  • the truth or accuracy of feedback or other content posted by users on our sites;

  • the ability of sellers to sell items;

  • the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. BACKSTYLE cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use our sites and services.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under BACKSTYLE Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) €100.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

RELEASE

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

ACCESS AND INTERFERENCE

Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to BACKSTYLE by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our site for any purpose without our express hand-written permission.

Additionally, you agree that you will not:


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  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of BACKSTYLE and the appropriate third party, as applicable;

  • interfere or attempt to interfere with the proper working of our site or any activities conducted on or with our site; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our site.

 

 

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