ResellDesk
Legal · Terms

Terms & con­ditions.

These terms govern the use of ResellDesk – clear, transparent and without hidden clauses. This English version is provided for convenience only; the German version is legally binding.

Last updated: [DATE]
At a glance
01Cancel monthlyMonthly plans at any time, effective at month end. 6- and 12-month plans can be cancelled monthly after their term.
0214-day right of withdrawalAs a consumer, you can withdraw from your contract within 14 days without giving any reason.
03Final pricesAll prices are final prices. No VAT is charged under Section 19 of the German VAT Act.
04Your data stays yoursYou can export your data at any time. After the contract ends, it is deleted within 30 days.
§ 1

Scope & provider

These Terms and Conditions (“Terms”) apply to all contracts for the use of the ResellDesk software platform (“ResellDesk”, “we”, “us”) between the provider and you as a user (“you”). The provider is:

Jeremy Lebkücher
trading as Secoway
c/o SourceArt · VM-00000267
Fritz-Thiele-Straße 3
28279 Bremen-Obervieland
Germany

Email: [Official ResellDesk contact address]

ResellDesk is aimed at consumers and businesses. A consumer is any natural person who concludes a contract for purposes that are predominantly outside their trade, business or profession (Section 13 BGB). A business is any natural or legal person or partnership with legal capacity that acts in the exercise of its trade, business or profession when concluding the contract (Section 14 BGB).

Deviating, conflicting or supplementary terms of businesses do not become part of the contract unless we expressly agree to them.

§ 2

ResellDesk services

ResellDesk is a web-based software platform for the central management and organisation of reselling business processes, such as inventory, purchases, listings, sales, shipping, returns, receipts and reports. We provide the platform for your use via the internet for the duration of the contract.

The specific scope of services depends on the plan you choose (Starter, Pro or Business) and the plan description published on our pricing page at the time of your order.

Features marked as “planned” or “future vision” are not part of the services owed. They are only available once they have actually been released.

ResellDesk is not a party to the purchase or sales transactions you conclude via marketplaces and does not handle shipping. ResellDesk does not provide tax or legal advice. Reports and overviews serve to organise your business and do not replace professional review.

§ 3

Account & conclusion of contract

A personal account is required to use ResellDesk. When registering, you must provide complete and truthful information and keep it up to date. Registration is only permitted for persons with full legal capacity.

The presentation of plans on our website does not constitute a binding offer. You submit a binding offer by selecting a plan and a billing period and completing the order via the button “Zahlungspflichtig bestellen” (“Place order and pay”). Before submitting, you can review and correct your details.

The contract is concluded when we confirm your order by email or activate access to the selected plan. The contract language is German.

We store the contract text. You can access and save the current Terms on this page at any time; you will also receive the contract details with your order confirmation.

§ 4

Prices & payment

The prices stated on our pricing page at the time of your order apply. All prices are final prices. No VAT is charged or shown under Section 19 of the German VAT Act (UStG, small business regulation).

The fee is payable in advance for the selected billing period (1, 6 or 12 months). Payment is made via our payment provider Stripe using the payment methods offered during checkout.

If you are in default of payment, we may temporarily suspend your access after prior notice and setting a reasonable deadline. Your data is retained during the suspension.

Price changes do not apply to billing periods already paid. We will inform you in text form of price changes for future billing periods at least six weeks before they take effect. In this case, you may cancel the contract up to the date the change takes effect.

§ 5

Term & cancellation

Monthly plan

With monthly billing, the contract runs for an indefinite period and can be cancelled at any time, effective at the end of the current billing month.

6- and 12-month plans

With billing over 6 or 12 months, the contract is concluded for the selected fixed term. Ordinary cancellation before the end of this term is not possible.

If the contract is not cancelled by the end of the term at the latest, it is extended for an indefinite period. It can then be cancelled at any time with one month’s notice. After the extension, billing is monthly [at the current monthly price of the selected plan].

How to cancel

You can cancel via the cancellation button on our website (“Verträge hier kündigen” – “Cancel contracts here”), in your account or in text form (e.g. by email to [Official ResellDesk contact address]). We will confirm receipt of your cancellation without delay.

The right of both parties to terminate for good cause remains unaffected. Good cause exists for us in particular in the event of a serious breach of these Terms.

§ 6

Consumer right of withdrawal

Consumers have a statutory right of withdrawal in accordance with the following information:

Information on the 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 the contract is concluded.

To exercise your right of withdrawal, you must inform us (Jeremy Lebkücher, trading as Secoway, c/o SourceArt · VM-00000267, Fritz-Thiele-Straße 3, 28279 Bremen-Obervieland, Germany, email: [Official ResellDesk contact address]) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but this is not mandatory.

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

Effects of withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and in any event no later than fourteen days from the day on which we are informed of 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.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of the information on the right of withdrawal

Model withdrawal form

(If you wish to withdraw from the contract, please complete and return this form.)

To: Jeremy Lebkücher, trading as Secoway, c/o SourceArt · VM-00000267, Fritz-Thiele-Straße 3, 28279 Bremen-Obervieland, Germany, email: [Official ResellDesk contact address]

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract 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.

§ 7

User obligations

In particular, you undertake

  • to keep your access credentials secret and protect them from third-party access, and to inform us immediately of any misuse of your account,
  • to use ResellDesk only in accordance with applicable law and not to process any unlawful content via the platform,
  • to comply with the terms of use of the marketplaces you connect to ResellDesk,
  • not to impair the platform through automated requests, attacks or excessive load, and not to circumvent any security measures,
  • to check the accuracy of the information you record in or export from ResellDesk – for example for bookkeeping and tax purposes – yourself.
§ 8

Marketplace connections

ResellDesk can be connected to supported marketplaces such as Vinted, eBay or Kleinanzeigen. These marketplaces are independent third-party providers. The scope and availability of the connections depend on their interfaces, technical requirements and rules, over which we have no influence.

Automations – such as automatically deactivating listings after a sale or automated receipt matching – are only available to the extent that the respective connection supports and permits them. They reduce the risk of double sales but cannot rule it out in every case. Please therefore also check the status of your listings yourself.

If a marketplace changes or restricts its interface, individual features may be temporarily or permanently limited. We are not responsible for measures taken by marketplaces regarding your account with them.

§ 9

Availability & development

We strive to keep ResellDesk available with as few interruptions as possible. Temporary restrictions may arise in particular from maintenance work, security updates or disruptions beyond our control. Where possible, we announce planned maintenance in advance.

We continuously develop ResellDesk. We only make changes to the platform for a valid reason – for example to adapt to new technology or changed marketplace interfaces, for security reasons or due to legal requirements – and at no additional cost to you. If a change impairs your access or usability more than insignificantly, we will inform you in good time beforehand; as a consumer, you then have the rights under Section 327r BGB.

§ 10

Your data

The content and business data you record in ResellDesk remain yours. You only grant us the rights we need to provide the platform to you – such as storing, processing and displaying your data.

You can back up your data at any time using the available export functions, in particular before the contract ends. After the contract ends, your account and business data will be deleted within 30 days, unless statutory retention obligations or other legal reasons prevent this.

Details on the processing of personal data can be found in our privacy policy.

§ 11

Warranty & liability

The statutory rights regarding defects and warranty apply; for consumers, in particular the provisions on digital products (Sections 327 et seq. BGB).

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee assumed.

In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely. Otherwise, liability for slight negligence is excluded.

The above limitations of liability also apply in favour of our vicarious agents.

§ 12

Changes to these terms

Changes to these Terms for existing contracts only take effect if you agree to them. We will inform you of planned changes in good time in text form and ask for your consent. If you do not agree, the contract continues under the previous terms; our right to ordinary termination remains unaffected.

§ 13

Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. If you have questions or problems, please contact us directly at any time at [Official ResellDesk contact address].

§ 14

Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.

If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Bremen.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the statutory provisions.