General Terms and Conditions
Status January 2021
The following General Terms and Conditions ("GTC") apply to the use of the mobile applications "combyne" (hereinafter "App") of combyne GmbH, Georgenstr. 61, c/o Philipp Seybold, 80799 Munich, Germany (hereinafter "combyne").
Any conflicting or deviating terms and conditions of the user shall not be binding unless we expressly agree to them in writing.
1.1 The App allows you to create outfit collages ("Collages") from individual pieces, upload your own individual pieces, create your own wardrobe and save Collages and individual pieces in lists (so-called "Collections"). As a fashion community, combyne offers a platform to exchange ideas about fashion with other users, to follow them, to share and discuss outfits and individual pieces with them, to follow one's own favourite brands and bloggers, and to create and consume various media fashion messages in a simple and uncomplicated way.
1.2 The basic offer of the app is free of charge. In the free version of the app, advertising, for example in the form of banners, full-screen images or sponsor logos, may be displayed to finance the offer. The use of ad blockers or similar technical means to suppress the display of advertising is not permitted.
1.3 However, combyne reserves the right to expand the basic offer with additional functions for which a fee is charged or a version of the app for which a fee is charged. These will be marked separately as chargeable. Their use requires a separate conclusion of a contract, for which supplementary conditions may apply.
1.4 The App is provided for mobile devices (smartphone or tablet) with a current iOS or Android operating system and in English and German ("Mobile App"). An internet connection is required to use the app, for which the telecommunications provider selected by the user may charge a separate fee. The App is also accessible to a limited extent via a web browser ("Web App").
1.5 The Mobile App may be downloaded to the user's end device via the Apple App Store or Google Play distribution platforms. Prior registration may be required for the use of these distribution platforms and the terms and conditions of the respective platform provider apply.
2.1 When using the app for the first time, you must register. This creates a contract of use between you and combyne as soon as you click on the "Register"or "Sign-up" button and thereby complete the registration. The service of combyne is aimed exclusively at users over the age of 16. Users under the age of 18 require the consent of their parents or legal guardians.
2.3 The data need to be provided truthfully and completely during registration. In the case of information marked as voluntary, you are free to decide whether you wish to provide this information. You need to choose a user name and a valid e-mail address.
3.1 combyne endeavours to keep the app available without interruption as far as possible and will make commercially reasonable efforts to do so. However, it is technically impossible to guarantee uninterrupted accessibility. In particular, combyne is not responsible for internet/network downtimes and especially not for downtimes in which the app is not available due to technical or other problems beyond combyne's control (e.g. force majeure, third parties, etc.). If possible, you will be informed in advance about planned maintenance work that restricts availability.
3.2 combyne reserves the right to expand or modify the App, in particular if this serves technical progress, appears necessary for legal reasons or to prevent misuse. In the event of significant changes that restrict the scope of functions or the discontinuation of functions, we will inform you in advance with a reasonable period of notice, unless the change is urgently required to prevent misuse, to respond to legal changes, official or court orders or to ensure the security and functionality of the app.
3.3 combyne assumes no responsibility for the accuracy, legality, completeness and timeliness of third party content (including other users), in particular for the content and information on third party websites referred to via links from the App.
3.4 It is technically impossible for combyne to verify the identity of its users. Therefore, combyne does not assume any liability for the correct identity of the users.
3.5 combyne refers via a link to third party websites where users can purchase fashion items or other products. Combyne is not a party to the contracts thus concluded between you and the third party. Combyne is not responsible for the delivery of the products or for any other damages.
3.6 combyne is not obliged to improve or update the App or to provide certain content and features in the relevant App.
4.1 You are granted a simple, revocable licence, limited to the term of the contract, to the App and the content provided within the App by combyne or third parties exclusively for the contractual use of the App and for the use of this content within the framework of the App and its functionalities, including the sharing function. This licence does not cover any further use.
4.2 You grant combyne a non-exclusive, transferable, sub-licensable and worldwide licence to reproduce, publicly reproduce and make available the content uploaded by you via the app and to edit it as necessary. With regard to collages and individual parts posted by you, the licence is unlimited in time. This licence is limited to the purpose of providing the App and its functionalities and promoting combyne and the App through our website and social media presence, such as Facebook, Twitter and Instagram, or in online advertisements.
4.3 For all content uploaded by you via the App, you are responsible for ensuring that you are sufficiently authorised to use and license it to combyne and that no third party rights prevent the use of the Content.
5.1 You shall behave respectfully towards other users at all times when using the App. In particular, it is prohibited to
In addition, our "combyne Community Guidelines" apply.
5.2 In the event of violations of the GTC, combyne may, depending on the severity of the violation, temporarily or permanently block you and/or delete individual content uploaded by you. Further claims of combyne remain unaffected by this.
6.1 If you use the App as an Entrepreneur, you indemnify combyne against all claims, including claims for damages by other users or third parties (including public authorities), for infringement of third party rights by your posted content in the App. You shall bear all reasonable costs, including legal defence costs, incurred by combyne as a result of any infringement of third party rights for which you are responsible. All other rights, including claims for damages by combyne, remain unaffected.
6.2 The foregoing obligations shall apply only to the extent that you are responsible for the infringement, you acted knowingly or intentionally or you failed to exercise reasonable care.
7.1 combyne shall be liable for intention and gross negligence, including intention or gross negligence of its representatives or vicarious agents, as well as for damages resulting from culpable injury to life, body or health without limitation according to the statutory provisions.
Apart from that, combyne shall only be liable for slight negligence in case of culpable violation of an essential contractual obligation (an obligation the fulfilment of which enables the purpose of the contract and the proper use of the apps and the compliance, which is regularly relied upon by the user). In this case, the claim for damages is limited to the foreseeable, typically occurring damage.
7.2 The above limitations do not apply if combyne fraudulently conceals a defect or in the case of a warranty promise. The same applies to any claims of a user under the Product Liability Act.
9.1 The user contract is concluded for an indefinite period.
9.2 You may terminate the user contract at any time and without giving reasons by deleting your user account in the "Settings" section.
9.3 combyne may terminate the user contract at any time and without giving reasons with a notice period of 14 days by sending a corresponding message to the e-mail address you have provided.
9.4 The right of both parties to extraordinary termination for good cause remains unaffected.
10.1 combyne reserves the right to change these GTC. In the event of significant changes, we will inform you of the changes timely in advance to the e-mail address you have provided and offer you the opportunity to object to the change within a reasonable time. If you do not object to the changes within this period, this will be deemed to be your consent to the change. In the event of your objection, we reserve the right to terminate the user contract with you.
10.2 These GTC are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you have your habitual residence as a consumer, shall remain unaffected.
10.3 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and us is the registered office of combyne (Munich, Germany).
11.1 If you believe that third party content or the conduct of any other user infringes your rights, you may send us a notice to firstname.lastname@example.org.
11.2 If an unlawful act or information becomes evident from your complaint, combyne will make your complaint available to the third party/user and ask the third party/user for a statement. If the third party/user does not refute your complaint, combyne will remove the content within the scope of its technical possibilities or take measures against the user.
The EU Commission offers an option for online dispute resolution on an online platform provided by it. This platform is accessible via the external link http://ec.europa.eu/consumers/odr/. We are not obliged to participate in any arbitration process and do not offer participation in such a proceeding.