The online shop www.relend.de is a product of Tradewell GmbH, based in Bayreuth.

“relend.de” is a brand of Tradewell GmbH, under which goods are offered for rent through retailers as distribution agents or as used items for purchase. Tradewell GmbH will be referred to as “relend.de” in the following.

At the participating retailers, consumers (hereinafter referred to as “customers”) can conclude legally binding rental and purchase agreements for baby and children’s products (hereinafter individually or collectively referred to as “rented item(s)” for rental contracts and “purchased item(s)” for purchase contracts) with relend.de through their order.

A consumer, according to § 13 BGB (German Civil Code), is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

§ 1 Scope

These General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the customer’s order apply to all orders placed through the participating retailers or their access to the relend.de online shop.

§ 2 Conclusion of the Contract

2.1 The mere presentation of rental and purchased items at the retailer or in the online shop does not constitute a legally binding offer to conclude a rental and/or purchase contract. The product range in the online shop is non-binding and subject to change. By clicking the “Order Now” button, the customer submits a binding offer to conclude a rental and/or purchase contract, provided they have previously agreed to these GTC by checking the appropriate box and have acknowledged the revocation policy.

2.2 The receipt of the customer’s order will be confirmed immediately by email, but this order confirmation does not yet constitute acceptance of the offer by relend.de. It only serves to inform the customer of the receipt of the order and contains the legally required information about relend.de as a potential rental and/or purchase contract partner and these GTC with the revocation policy.

2.3 The contract is accepted by relend.de through a separate order confirmation sent by email. If a rental and/or purchased item is not available or not available in the specified version, the customer will receive a corresponding notification email within 3 business days.

2.4 relend.de reserves the right, in the event of an offer to conclude a rental contract by the customer by initiating the order process, to require a rental deposit from the customer in the amount of up to 3 months’ rent before accepting the contract.

§ 3 Prices, Shipping Costs, and Payment

3.1 The prices mentioned in the online shop for purchased and rented items include the applicable VAT and shipping costs. Relend.de may agree on shipping costs with the customer for individual purchased and rented items if this is indicated when ordering a particular product (e.g., “Price plus shipping costs of”).

3.2 Various payment methods are offered in the online shop, from which the customer can choose, with relend.de reserving the right to discontinue certain payment methods at any time and refer to other payment methods.

3.3 Chargebacks of credit card debits attributable to the customer entitle relend.de to charge the fees incurred to the customer. These fees may vary depending on the payment method and credit institution.

§ 4 Liability

4.1 In the case of slight negligence, relend.de is only liable for the violation of essential contractual obligations (cardinal obligations), i.e., obligations that the contract intends to impose on relend.de according to its content and purpose or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. This liability is limited to the typical foreseeable damage at the time of the contract’s conclusion.

4.2 The personal liability of the legal representatives, vicarious agents, and employees of relend.de for damages caused by them through slight negligence is also limited to the extent described in Section 4.1.

4.3 relend.de is not liable in the case of unauthorized and/or improper use of the rented and purchased items.

4.4 The aforementioned limitations of liability do not apply to damages caused intentionally or through gross negligence, to damages resulting from culpable injury to life, body, or health, to liability under the Product Liability Act, or to other cases of mandatory liability. Moreover, they do not apply if and to the extent that relend.de has assumed a guarantee.

4.5 The customer is fully liable according to legal provisions.

§ 5 General

5.1 The law of the Federal Republic of Germany applies.

5.2 In the event of disputes regarding contractual obligations arising from online contracts between relend.de and the customer, relend.de informs that the European Commission has developed and offers an online dispute resolution (ODR) platform to settle disputes between sellers/service providers and consumers out of court. The ODR platform is accessible via the following link: http://ec.europa.eu/odr. Through this platform, the customer can file a complaint regarding the online purchase contract or online service contract. The aforementioned page http://ec.europa.eu/odr contains all necessary information regarding the filing of a complaint and the corresponding procedure. Relend.de is neither willing nor obliged to participate in a dispute resolution procedure before another consumer arbitration board.

The following provisions (§§ 6, 7, 8, 9, 10, 11) apply exclusively in the case of concluding rental contracts with the customer.

§ 6 Services and Support from relend.de upon Conclusion of a Rental Contract

6.1 In the event of the conclusion of a rental contract, the rented item – possibly according to the customer’s configuration – will be shipped to the customer and provided to them for the contractually agreed duration of the rental period. Relend.de will strive to carry out the delivery on the customer’s desired delivery date.

6.2 The rented item is provided to the customer only for rent. Relend.de remains the owner of the rented item. No transfer of ownership to the customer takes place. The customer is not entitled to establish rights for third parties (e.g., liens, security transfer of ownership, etc.) on a rented item.

6.3 The scope of delivery of the rented item is based on the product description of the item provided in the online shop.

6.4 Relend.de is obliged to maintain and repair the rented item to the extent that the wear and tear of the respective rental item is due to its intended use by the customer (hereinafter referred to as “maintenance case”). Maintenance due to excessive use as well as willful or grossly negligent or intentional damage to a rented item is excluded.

6.5 Relend.de strives to maintain/repair the rented item within 48 hours after the customer contacts relend.de via phone, email, or WhatsApp. The customer should include suitable proof of the maintenance and/or repair effort (description with a photo of the damaged/defective parts) in their service request. Relend.de must be able to assess from the service request whether and to what extent a maintenance case exists. The service is then provided in agreement with the customer.

6.6 If the customer does not request the service due to a maintenance case, relend.de has the right to charge a fee of €20.00. Additionally, the customer is responsible for the costs of shipping and return shipping. The customer is entitled to provide proof of a lower damage.

6.7 If relend.de exchanges a rented item, the item to be exchanged is immediately handed over/returned by the customer to e-Lend.

§ 7 Rental Period/Term/Due Date of Rent (applies only in the event of concluding rental contracts with the customer)

7.1 The rental period begins on the customer’s desired delivery date of the rented item, or at the latest with the delivery of the rented item if this occurs after the desired delivery date, and lasts for at least three months. The customer can select the desired rental period duration during the order process.

7.2 The rental period is automatically extended by one additional month if the rental contract is not terminated within 2 weeks before the rental period ends, and the rental item is not returned within 3 days after the rental period ends. The customer is responsible for ensuring that the timeliness of the return is adequately documented.

7.3 The rent is due monthly in advance for the following month.

§ 8 Extraordinary Termination (applies only in the event of concluding rental contracts with the customer)

8.1 Both parties are entitled to terminate the rental agreement without notice for an important reason if the other party significantly breaches its contractual obligations to such an extent that the continuation of the rental agreement is no longer reasonable.

8.2 An important reason for relend.de exists in particular (not exclusively) if

•the customer is in arrears with the payment of two consecutive monthly rents or an amount equivalent to at least two monthly rents,

•enforcement measures are carried out against the customer and/or entries in the debtor register are present,

•the customer uses the rental item in a significantly non-contractual manner despite being warned by relend.de.

•the customer repeatedly and unjustifiably uses the service offered according to §3 despite being warned by relend.de, even though there is no maintenance case (no relevant wear and tear of the rental item or wear and tear due to improper use/willful damage and/or destruction).

§ 9 Condition and Quality of the Offered Rental Items (applies only in the event of concluding rental contracts with the customer)

9.1 Relend.de offers both new and used rental items in the online shop. The following applies:

9.2 The rental items designated as “new” in the online shop are new and unused.

9.3 The rental items marked as “used” in the online shop have already been rented and are used.

9.4 For rental items marked as “new” and “used” in the online shop, the information, images, and descriptions in the online shop represent industry-standard information. Minor deviations in quality, execution, and color that are customary in trade and material are reserved.

§ 10 Treatment and Return of the Rented Item (applies only in the event of concluding rental contracts with the customer)

10.1 The customer is obliged to handle the rented item with care.

10.2 The customer is obliged to ensure proper and correct use according to the respective safety requirements before using the rented item and to ensure such use. The rented item may only be used for the purpose specified by the manufacturer. The customer must, in particular, familiarize themselves with the manufacturer’s safety instructions and requirements as well as the user and assembly instructions and follow them. The customer receives the user and assembly instructions along with all other manufacturer information, including safety and operating instructions, for a rental item from relend.de (by email as a link or in the customer portal).

10.3 The use of the rented item by the customer is permitted exclusively for private and personal use.

10.4 The customer is entitled to clean or have the rented item cleaned.

10.5 The customer is not entitled to make substantive changes to the rented item that cannot be removed without damaging it.

10.6 The customer is not authorized to make any changes, particularly not repairs or repairs, and to remove labels.

10.6 In the event of intentional damage or loss of the rented item, the customer must compensate for the damage incurred.

10.7 Upon termination of the contractual relationship, the customer is obliged to return the rented item, including any accessories, on time and in a condition that complies with the contract.

10.8 The customer is obliged to inform relend.de immediately (e.g., by email or phone) if the rented item a) was involved in an accident (an accident is considered a sudden event acting on the rented item from the outside with mechanical force) and/or, b) another event, e.g., brake damage, other impact (e.g., falling), or other external overuse of the rented item, has affected the rented item, and/or, c) shows a defect or damage and/or, d) parts are missing/defective/loose.

§ 11 Theft, Vandalism, and Loss of the Rented Item (applies only in the event of concluding rental contracts with the customer)

11.1 In the event of theft and vandalism of the rented item, relend.de grants the customer a replacement rented item upon proof of filing a criminal complaint upon continuation of the rental agreement, for a one-time fee. The currently applicable fee for each rental item can be viewed at https://strollme.notion.site/Preisliste-Diebstahl-Vandalismus-711784efe460459680dcaf81d59a9087.

11.2 Upon payment of an additional monthly fee (hereinafter referred to as “Theft Protection” in the online shop), the one-time fee according to Section 11.1 is waived, and the customer receives a replacement rented item upon proof of filing a criminal complaint in case of theft or vandalism of the rented item. If strollme offers “Theft Protection” for a product, the respective fee is indicated in the online shop during the ordering process and can be selected by the customer.

11.3 If the rented item is seized, confiscated, or otherwise comes into the possession of third parties, the customer must notify strollme immediately.

The following provisions (§ 12) apply exclusively in the event of concluding purchase contracts with the customer.

§ 12 Special Conditions upon Conclusion of Purchase Contracts with relend.de

12.1 Relend.de designates purchased items in the online shop as “purchase products” for which the customer can submit an offer to conclude a purchase contract at the specified purchase price.

12.2 Regarding the warranty for material defects, the statutory provisions apply.

12.3 Until full payment of the purchased item, the ownership remains with relend.de (retention of title).

12.4 Relend.de is entitled to partial delivery, provided this is reasonable for the customer and if the interest of the customer in the entire contract is not lost due to the partial delay or partial delivery. In the case of partial deliveries, additional shipping costs will only be incurred if this has been expressly agreed with the customer. A partial delivery is considered to be the delivery of an order in several partial shipments/pieces. Relend.de is not entitled to make other partial services without prior express agreement with the customer.

§ 13 Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (Tradewell GmbH, Kanzleistr. 1, 95444 Bayreuth, Phone: +49 921 507 505 88, Email [email protected]) by means of a clear declaration (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you all payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. We will use the same payment method for this reimbursement that you used for the original transaction unless you have expressly agreed otherwise; in no case will you be charged fees for this reimbursement. We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods. The costs are estimated to be a maximum of approximately €20.00, in the case of cargo bikes up to a maximum of approximately €200.00.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.