Terms and Conditions

1. Preamble

reGive (hereinafter referred to as the “Operator”) operates websites and mobile apps under the name “reGive”, hereinafter collectively referred to as “reGive Services”.

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the use of the reGive Services and the use of the services offered there or otherwise. The GTC that are available on reGive at the time the services are used shall apply. By using the reGive Services or utilizing the service, the user (hereinafter referred to as “User”) agrees to these General Terms and Conditions. Otherwise, the User is not permitted to use the reGive Services and the services offered.

2. Benefits

reGive is an online marketplace where registered users can create and publish offers (hereinafter referred to as “advertisements”) – consisting of item information, texts and images – as advertisers. As an interested party, users can view published advertisements of other users. It is also possible to exchange electronic messages between advertisers and interested parties.

All advertisements placed via reGive Services may only contain free offers intended for giving away.

The gifting process in 5 simple steps:

1. Setting of the advertisement by the advertiser (incl. specification of pick-up days, times and location)
2. Inquiry of the offer by the interested party (incl. selection of collection day and time)
3. Promise of the object of the gift by the advertiser
4. Binding acceptance by the interested party (at this point a binding donation contract is concluded)
5. Collection or handover

The advertisements and user contributions do not constitute legally binding offers by the operator, and there is no guarantee for the content generated by users.

To improve the service, the operator displays additional information in the reGive Services, e.g. on the user and their activities (e.g. reliability indicator).

If necessary, the Operator will convert the User’s advertisements into file formats that are suitable for display in the reGive Services.

The Operator is entitled to restrict or terminate the provision of the reGive Services in whole or in part and to delay the publication of advertisements or other content from Users if this is necessary with regard to capacity restrictions, the security or integrity of the servers or to carry out technical measures, or if this serves the proper or improved provision of the services (maintenance work).

The reGive services can be used on Android end devices, although no guarantee can be given that it will work properly on every end device with every operating system version or browser.

The Operator publishes and advertises the reGive Services and the advertisements placed by the Users itself and through third parties, for example by including the advertisements or excerpts thereof on websites, within software applications, in e-mails, in print, radio and television marketing campaigns or in other media. The operator also enables third parties to advertise their offers and services via the reGive Services. The Operator may also provide third parties with access to the data, information and content published via the reGive Services to support these activities. The User authorizes the Operator to use the aforementioned advertisements for the purpose of advertising and increasing the reach of the reGive Services. This also applies to translations for the purpose of integrating the translated advertisements into foreign-language offers.

3. Conditions of participation and registration

In order to make full use of the reGive Services, in particular to place advertisements, to display certain contact details of advertisers and to exchange electronic messages with other users, the user must register with the operator.

Registration is permitted for natural persons aged 18 and over and for minors aged 7 and over with parental consent. The operator reserves the right to request the data required for verification.

The user is obliged to provide the data collected by the operator during registration truthfully and completely. If the data changes after registration, the user is obliged to update the data immediately.

By submitting the registration form, the user submits an offer to conclude a user agreement with the operator. If the operator accepts the registration, the user receives a confirmation e-mail with a personalized link. Upon receipt of the confirmation e-mail, a contract for the use of the reGive Services (hereinafter referred to as “User Contract”) is concluded between the Operator and the User. To complete registration, the user must click on the link provided in the confirmation e-mail to verify their e-mail address. There is no entitlement to the conclusion of a contract of use.

Upon successful registration, a user account is created for the user, which he can access by logging in to the reGive services. The access data used by the user must be kept secret and protected from access by unauthorized third parties. If the user discovers or suspects that his/her access data is being used by a third party without authorization, he/she must inform the operator immediately and change it without delay (e.g. the password).

Multiple registrations are not permitted. User accounts are not transferable.

The Operator may make the use of certain functions of the reGive Services or the extent to which individual functions can be used dependent on the fulfillment of additional requirements, e.g. the provision of additional data, a check and verification of the User’s data, the duration of use, the type of use, the User’s previous payment history and/or the submission of certain evidence.

There is no fundamental right to the publication of advertisements. Participation in reGive is not enforceable and cannot be enforced or demanded in any other form. The operator reserves the right to deny participation temporarily or permanently, even without giving reasons. Re-registration under a different name or registration data after blocking is not permitted. If a user has been blocked, they can contact support(at)reGive.community by e-mail.

4. Contractual relationship

Once the user has successfully registered to use the reGive Services, he or she can create and publish his or her own ads free of charge via the reGive Services. The operator reserves the right to publish advertisements in certain categories only against payment of a fee. Irrespective of this, the operator reserves the right to limit the number of advertisements published free of charge by a user within a certain period of time and to offer the publication of additional advertisements only against payment of a fee.

By entering the advertisement data and submitting the corresponding form, the User submits a binding offer to the Operator to conclude a contract for the temporary publication of the advertisement (hereinafter referred to as “Advertisement Contract”) in the reGive Services. The process can be canceled at any time before submitting the form by closing the browser window or the application.

The operator can accept the offer to conclude an advertising contract by means of a separate declaration to the user or by activating the advertisement. The advertising contract is concluded upon acceptance of the offer by the operator. The operator is not obliged to accept contract offers from the user.

The display data is stored electronically. The text of the advertising contract is not saved separately. However, the user can call up the GTC on which the advertising contract is based at any time via the operator’s website.

Even after an advertising contract has been concluded, it is possible for technical reasons that the advertisement cannot be found immediately after activation via the category search or with the help of search terms within the reGive Services.

The operator provides the technical framework for bringing advertisers and interested parties together, but is not itself the provider of the goods advertised in the advertisements.

The operator itself does not become a contracting party to contracts concluded exclusively between users. The fulfillment of contracts concluded via the operator’s platform takes place exclusively between the users. Claims arising from contracts between users cannot be asserted against the operator.

5. Requirements for advertisements and third-party copyrights

The user is obliged to place each advertisement in the appropriate category, stating the correct pick-up location, and to describe the respective offer truthfully, stating all relevant features and characteristics in words and, if possible, with meaningful pictures.

Advertisements must be placed once, duplicates are not permitted. This also includes advertisements that contain the same offer despite being differentiated.

Links to Internet pages may only be mentioned in the advertisement text if they refer to further information on the product offered. In particular, information from websites is prohibited if

• the content of which violates legal regulations or morality,
• the operator of the website does not agree to the linking
• this leads to advertisements or offers from competitors of the operator.

The posting of advertisements, texts, images or other content that violate national or international legal provisions, these GTC, the rights of third parties or morality is prohibited. In particular, it is prohibited to post content,

• that are unlawful, obscene, offensive, discriminatory, vulgar, glorify violence, are pornographic or harmful to minors or otherwise violate the personal rights of others,
• that contain nude or pornographic images,
• that violate copyright, trademark and competition law regulations or statutory provisions for the protection of minors,
• which contain untrue statements or which are otherwise misleading.

The User is prohibited from offering products via the reGive Services whose gifting, distribution, offer or sale is unlawful or subject to sales restrictions (e.g. due to regulations), as well as offering living beings (with the exception of the provisions set out in “6. Offering living beings”) or foodstuffs (for Germany with the exception of the provisions set out by the Federal Ministry of Justice in “6. Offering living beings”). Foodstuffs, Commodities and Animal Feed Code.

It is prohibited to offer and describe the following products in advertisements:

• Calls to commit criminal offenses (e.g. insults, acts of violence)
• Appeal for donations
• Insults, abuse, character assassination, discrimination
• National socialist, racial hatred or anti-constitutional propaganda
• activities dangerous to the public

Services & Jobs

• Offers in connection with lotteries, lottery and roulette systems
• Financial or other service offers without a credit check
• Job offers and applications under the age of 14
• Private offers from model agencies, for model training, from photographers, for auditions, for casting etc. and commercial ads without imprint

Protection of minors

• Pornographic and youth-endangering writings or objects, as well as services
• Prostitution
• Offers of sexual aids or objects used for sexual arousal (e.g. vibrators, massage sticks, dildos, SM accessories)
• Media with the label “No youth rating”, “Release from 18”, “FSK 18”, “USK 18”, Find out on the following pages whether your medium is subject to a youth rating: www.fsk.de , www.usk.de
• Articles with an age rating from 18 years, tobacco products of all kinds, as well as corresponding accessories such as shishas or pipes
• Alcoholic beverages
• Drugs within the meaning of the Narcotics Act and other mind-altering substances, as well as related accessories

Products

• Dangerous or restricted tradable items
• Stolen items
• All objects with symbols of anti-constitutional organizations – including those not visibly displayed (concealed swastika)
• Weapons within the meaning of the Weapons Act, in particular firearms, cutting and stabbing weapons of any kind, as well as accessories and ammunition of any kind
• Counterfeits and fakes (money, stamps, clothing, electronic items, accessory products, etc.)
• Unauthorized copies of protected works or objects, in particular copies of films, video games, books (ebooks) or music
• Paintball incl. Equipment (clothing is permitted)
• Offering and trading in electronic waste in accordance with the German Electrical and Electronic Equipment Act (ElektroG)
• Offering and trading in scrap metal for private users
• Objects, items of clothing and ID cards from security-relevant areas (e.g. official ID cards and uniforms worn by the authorities)
• Medical instruments (including X-ray equipment, defibrillator, ultrasound/sonography equipment)
• Pharmaceuticals (pharmacy-only and over-the-counter), dietary preparations/nutritional supplements and medicines for animals
• Perfume, except empty bottles, Factice
• Radioactive substances, poisons and explosives (fireworks, pyrotechnic articles) and other chemicals that are harmful to health
• Gas cartridges or gas barbecue with gas cartridges, gas cylinders (empty and full)
• Pesticides
• Deployed airbags
• Human organs, blood and other body fluids
• Lists, directories or similar containing the addresses of manufacturers, dealers and suppliers
• Chargeable telephone services (SMS services, 0900 numbers, fax calls, etc.)
• Bootleg recordings (bootlegs)
• Offers for downloading media
• Game accounts, game points & coins
• Hardware or software for decoding pay TV
• Hardware or software for modifying game consoles or cell phones
• Securities (especially shares), money market or financial instruments, credits, loans and financing aids
• Promissory bills and court titles, as well as other receivables from legal transactions
• Archaeological finds
• Trade in ivory and all ivory products, regardless of the origin of the ivory or ivory product, including prehistoric ivory.

The operator is not obliged to check the transmitted or stored information or to investigate circumstances that indicate illegal activity.

However, should the operator become aware of a specific illegal act by a user or information within the reGive services, he reserves the right to remove the information immediately or to block access to this content. If you become aware of such actions or information, please notify us immediately by e-mail at support(at)reGive.community.

6. Offering animals

Although the giving away, sale and exchange of animals is generally prohibited, special regulations apply to the offering of animals in Germany, Italy, Sweden and the UK. In these countries, the offering of animals is permitted subject to compliance with the following regulations:

• The description or illustration of the animal must be chosen in such a way that it is worthy of the animal
• Age, illnesses or other conspicuous features must not be concealed from interested parties

Furthermore, the following is not permitted when offering and selling animals:

• Offering, soliciting or agreeing to the shipment of living creatures (with the exception of special animal shipping companies) and car trunk sales.
• Trade in pregnant animals.
• The exchange of animals for other animals.
• Dealing in protected animal species and their preparations without proof of the required papers. Strictly protected animal species can be looked up at https://www.cites.org/, for example.
• Dealing with poisonous, dangerous and exotic creatures.
• The handling of animals with surgical procedures performed to change their appearance or for other non-healing purposes such as docked tails, docked ears, severed vocal cords, removed claws or teeth. It is strictly forbidden to request or carry out such interventions on caged animals.
• Trade in imported animals.
• Trading animals for slaughter or for animal experiments or as “live food”.
• Trading in commercially bred and kept animals.
• Offering a wide variety of species and genera or offering them in large numbers, which contradicts species-appropriate husbandry and transfer.
• The sale of animals that have not yet reached the recommended minimum age. The minimum age for puppies is 12 weeks, for kittens 12 weeks.
• The sale of animals to persons under the age of 18.
• The sale of wolfhounds.
• The surrender of dogs without a registration number. If the dog has not yet been registered due to its age, the registration number of the puppy’s mother must be given.

Users who offer animals for sale are obliged to inform themselves independently about the legal regulations and to comply with them. Further information on the sale of animals and animal welfare can be found here

• UK: http://paag.org.uk/
• SWE: http://www.djurskyddet.se/, http://www.jordbruksverket.se/
• IT: http://www.regione.fvg.it/
• DE: http://www.gesetze-im-internet.de/

7. Violations of general terms and conditions or statutory provisions

The Operator is entitled to delete advertisements or other content of the User placed in the reGive Services in whole or in part or to delay or not publish advertisements or other content of the User if there are concrete indications that the advertisement or content violates these GTC or statutory provisions or that the User has otherwise culpably violated contractual obligations. In such a case, the Operator may also warn the User and/or temporarily or permanently exclude the User from using the reGive Services.

The operator also reserves the right not to publish advertisements or to remove them from the reGive Services if there are indications that the advertised product is not freely available for sale or is otherwise being offered in an unlawful manner, or if there are indications that the advertisement is intended to be or has been placed for abusive purposes. The operator also reserves the right to exclude certain products from being advertised and to remove corresponding advertisements if these products are typically advertised for abusive purposes.

If a User has been excluded from using the reGive Services by the Operator or if the contract of use with the User has been terminated, the User may no longer use the reGive Services with other User accounts, including User accounts created for third parties, and may not re-register for the reGive Services.

8. Fees

The basic version of reGive Services is free of charge. Depending on the mobile phone tariff, costs may be incurred for data transfer, which must be borne by the user.

9. Liability and rights of the operator

The advertisements and other user content published in the reGive Services do not reflect the opinion of the operator and are not checked by the operator for their legality, accuracy and completeness. The operator assumes no guarantee and is furthermore not liable for the correctness and completeness of the information contained in the advertisements, for the quality, safety or legality of the products offered by users or for the contractually relevant promises.

The operator is liable in accordance with the statutory provisions for intent and gross negligence on the part of the operator, its legal representatives, executives or other vicarious agents. The same applies to the assumption of guarantees or any other assumption of no-fault liability as well as to claims under the Product Liability Act or in the event of culpable injury to life, limb or health. The operator is also liable on the merits for simple negligent breaches of essential contractual obligations caused by the operator, its representatives, executives and other vicarious agents, i.e. such obligations on the fulfillment of which the user regularly relies and may rely for the proper execution of the contract, but in this case the amount is limited to the typically occurring, foreseeable damage. Any further liability of the operator is excluded.

The Operator shall not be liable for any damage caused by errors, delays or interruptions in transmission, malfunctions of technical equipment, loss and deletion of data, viruses or in any other way when using reGive Services, unless caused by the Operator intentionally or through gross negligence or in the event of injury to life, limb or health.

The operator is only liable for foreseeable damages typical for the contract. There is no liability for lost profits, savings, damages from third-party claims and for other direct and indirect consequential damages.

The reGive services can only be used with an active Internet connection. The Operator does not guarantee that the reGive Services will be usable and/or accessible without interruption, nor is the Operator liable for transmission delays or failures caused by technical reasons. The Operator excludes any warranty for the functionality of the reGive Services. The operator is not liable for the unauthorized acquisition of personal user data by third parties, e.g. by hackers.

Insofar as the liability of the operator is excluded or limited, this also applies to the personal liability of its legal representatives, executives and other vicarious agents.

The user grants the operator free of charge a non-exclusive, free and transferable right, unlimited in terms of content, time and space, to use and edit the contributions posted by the user free of charge. This includes, among other things, the unrestricted online and offline use of this content. These rights remain with the operator in perpetuity, even if the user is no longer registered with the operator.

10. Liability and obligations of the user

The User shall indemnify the Operator against all claims asserted against the Operator by other Users or other third parties due to an infringement of their rights by advertisements and other content posted by the User in the reGive Services or due to the User’s other use of the reGive Services. The user assumes the costs of the necessary legal defense of the operator, including all court and legal fees in the statutory amount. The claim for exemption does not exist if the user is not responsible for the infringement.

In the event of a claim by a third party, the user is obliged to provide the operator immediately upon request, truthfully and completely, with all information required for the examination of the claims and a defense against them.

Any liability of the user over and above these regulations remains unaffected.

The User is obliged to refrain from all actions that could jeopardize the safe operation of the reGive Services or harass other Users or that otherwise go beyond the intended use of the reGive Services. In particular, he is obliged to refrain from doing so,

• to use the information presented for business purposes, in particular for commercial purposes,
• sending e-mail advertising, SMS advertising, chain letters or other harassing content,
• Send viruses or other technologies that could harm eBay Classifieds services or the interests or property of other users,
• expose the infrastructure of the reGive Services to excessive load or otherwise disrupt or jeopardize the functioning of the reGive Services,
• Hacking in any form, i.e. carrying out electronic attacks of any kind on the reGive service, the database or the operator’s network or on individual users, and such attacks will be reported to the police,
• to download, reproduce, make publicly accessible, distribute, edit or otherwise use the content of the reGive Services in a way that goes beyond the intended use of the reGive Services without the prior consent of the Operator,
• to reproduce, make publicly accessible, distribute, edit or otherwise use the advertisements or other content of third parties in a way that goes beyond the intended use of the reGive Services without their prior consent,
• use crawlers, spiders, scrapers or other automated mechanisms to access the reGive Services and collect Content without the express written consent of the Operator,
• collect information, in particular e-mail addresses or telephone numbers, about other users without the prior consent of the users,
• to circumvent measures that serve to prevent or restrict access to the reGive Services.

The User is obliged to back up and archive all data and information stored within the reGive Services that it requires or may require in the future for the purposes of preserving evidence, bookkeeping or for other purposes on its own storage medium.

11. Termination of the contract of use

The user may terminate the contract of use in text form at any time without observing a period of notice and without giving reasons. All you need to do is send a notice of termination by e-mail to support(at)reGive.community.

The operator may terminate the contract of use at any time with a notice period of 14 days to the end of a calendar month. If an agreement has been concluded between the user and the operator for a chargeable additional service with a specific term and the agreed term ends after the time specified in sentence 1, the operator may only terminate the agreement with 14 days’ notice to the end of the agreed term of the additional service. The user may not book any new services after receipt of a notice of termination declared by the operator. The right of the operator to delete individual advertisements, to block users and to take other measures in accordance with point 7 as well as the right to terminate the contract without notice for good cause remain unaffected.

Upon termination of the user contract, all current advertisements of the user will be removed from the reGive services and the user’s account will be deactivated.

The operator also reserves the right to irrevocably deactivate user accounts with incomplete registration data and user accounts that have been inactive for a period of at least 12 months.

12. Data protection

Detailed information regarding the protection of personal data can be found in the separate privacy policy.

13. Amendment of the GTC

If the Operator amends these GTCs, the amended version will be published on the Operator’s website with an updated version date. No explicit reference is made to the amendment of the GTC. The GTC must be checked periodically for changes.

By placing an advertisement or requesting an advertisement, the user can unilaterally agree to and accept the amended GTC.

If the user does not agree with the changes, they are free to request the deletion of their account by sending an e-mail to support(at)reGive.community.

14. Exercise of rights by third parties, assumption of contract

The operator may use other companies for the purpose of fulfilling the contract and exercising the rights arising from this contract.

The operator is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks. In this case, the participant is entitled to terminate the contract of use.

15. Choice of law and place of jurisdiction

The law of the Federal Republic of Germany applies exclusively to the GTC, the user contract and all agreements based thereon between the operator and the user. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the reference norms (IPRG, EVÜ, etc.) is excluded.

The operator is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 para. 1 no. 1 VSBG).

The exclusive place of jurisdiction is the competent court in Stuttgart, Germany.

16. Severability clause

Should individual provisions of these GTC be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Any provisions of these GTC that are not included or are invalid shall be replaced by statutory law. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or ineffective provision with an effective provision that comes as close as possible to it in economic terms.

Terms and Conditions, Version: 2024-03-27