General Terms and Conditions

Status March 2022

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. Our App

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 Additionally, Combyne offers a Premium Version (see sec. 3. below) for which a fee is charged.

1.4 The App is provided for mobile devices (smartphone or tablet) with a current iOS or Android operating system and in English, Spanish 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. Registration

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.

2.2 Combyne offers various registration options from which you can choose. You may register either by using your email address or by using a third party login service, e.g. Apple, Facebook, Google or Twitter, using your account there. By registering using a login service, you allow us access to certain contents of your account. You can set the scope of this access in individual cases during registration and in the settings of your account. You will find further information in the respective terms of use and privacy policy of your registration service.

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. Combyne Premium

3.1 In addition to the free version of the App, you can choose to subscribe for the premium version of the App (“Premium Version”), which gives you full access to all features. A description of the features accessible with the Premium Version can be viewed here.

3.2 You can subscribe to the Premium Version for an indefinite term or for a fixed term (each a “Subscription Term”). You may terminate your subscription to the Premium Version at any time. If you have a fixed Subscription Term, your termination will be effective from the end of your Subscription Term. If you have an indefinite Subscription Term, your termination will be effective from the end of the month or year in which you declared it. You can declare your termination via the App’s menu “Settings > Subscription > Manage subscription”. Combyne may terminate your subscription to the Premium Version without giving reasons and with a notice period of 14 days to the end of your Subscription Term by sending you a corresponding e-mail-message.

3.3 A fixed Subscription Term will be automatically extended for an indefinite Subscription Term, if you do not terminate it before the end of the fixed Subscription Term.

3.4 Prices for a subscription to the Premium Version are based on Combyne’s pricing information. The price for an indefinite Subscription Term will be paid monthly. The price for a fixed Subscription Term will be paid, at your choice, either monthly or at once for the whole Subscription Term. Payments will be processed by the Apple App Store or Google Play and charged to your selected payment method. When you subscribe to the Premium Version, you authorize charging of the price to your selected payment method.

3.5 Certain features of the App are only accessible with the Premium Version. You may subscribe to the Premium Version by choosing a Subscription Term when prompted and clicking to continue with the subscription process. You will then be prompted to select your payment method. Finally, you will be presented with an overview of the details for your subscription and your entries. You can then confirm to subscribe by clicking on the final confirmation-button. You may always change the details for your subscription and your entries by clicking on another option or abort the subscription process before clicking on the final confirmation-button. Once you have clicked the final confirmation-button, the contract for your subscription to the Premium Version is concluded.

3.6 The contract for your subscription can be concluded in one of the languages the App is offered in (currently English, Spanish or German).

3.7 Information on your subscription to the Premium Version is available via the App’s menu “Settings > Subscription > Manage subscription”. Combyne does not store the full text of your contract.

4. Availability and Warranty

4.1 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.

4.2 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.

4.3 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.

4.4 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.

4.5 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.

4.6 Combyne is not obliged to improve or update the App or to provide certain content and features in the relevant App, except to the extent required by statutory law.

5. Content

5.1 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.

5.2 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.

5.3 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.

6. Community Standards

6.1 You shall behave respectfully towards other users at all times when using the App. In particular, it is prohibited to

  • distribute pornographic, obscene, immoral, politically radical, racist, violent, defamatory or offensive or other illegal content via the App;
  • threaten, harass, insult or defame other users;
  • disseminate images of persons without their consent or otherwise infringe the personal rights of third parties;
  • distribute content that infringes the rights of third parties;
  • use the App to prepare, arrange or carry out illegal acts;
  • conduct attacks on the functionality of the App, such as mass emailing (SPAM), hacking attempts, brute force attacks, the use or sending of spyware, viruses and worms;
  • use the App for network marketing, multi-level marketing (MLM), referral marketing, structural distribution or other commercial purposes.

In addition, our “Combyne Community Guidelines” apply.

6.2 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.

7. Indemnification

7.1 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.

7.2 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.

8. Liability of Combyne

8.1 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.

8.2 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. Data Protection

Information on the collection and processing of personal data can be found in the App settings and under Privacy Policy.

10. Contract Period

10.1 The user contract for the free version of the App is concluded for an indefinite period. For the Subscription Terms to the Premium Version, see sec. 3.2 above.

10.2 You may terminate the user contract for the free version of the App at any time and without giving reasons by deleting your user account in the "Settings" section.

10.3 Combyne may terminate the user contract for the free version of the App 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.

10.4 The right of both parties to extraordinary termination for good cause of the free version and/or the Premium Version of the App remains unaffected.

11. Withdrawal right

As a consumer, you are entitled to a right of withdrawal from your contract for the free version of the App and from your subscription to the Premium Version. You will find the corresponding instructions of withdrawal in the Annex.

12. Final Provisions

12.1 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.

12.2 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.

12.3 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).

13. Complaint Management

13.1 If you believe that third party content or the conduct of any other user infringes your rights, you may send us a notice to customer-service@combyne.com.

13.2 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.

14. Notice on Online Dispute Resolution

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.

Annex

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Combyne GmbH, Georgenstr. 61, c/o Philipp Seybold, 80799 Munich, Germany, Tel.: +49 89 9545759-20, Email: contact@combyne.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To:

Combyne GmbH
Georgenstr. 61
c/o Philipp Seybold
80799 Munich

Email: contact@combyne.com

  • I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*),
  • Ordered on ()/received on (),
  • Name of consumer(s),
  • Address of consumer(s),
  • Signature of consumer(s) (only if this form is notified on paper),
  • Date

(*) Delete as appropriate.