General terms of use of Dirty Desire

Status 01.06.2023

The Dirty Desire platform (hereinafter referred to as the „Platform“) is operated by DD wholesale UG (haftungsbeschränkt) (hereinafter referred to as the „Operator“), Furtweg 2b, 85716 Unterschleißheim, HRB (12345567).

For better readability of the text, the plural or masculine form is used. The Terms of Use are provided in German only.

Compliance with these terms of use is mandatory for both buyer and seller. During the creation process of a user profile – or in the context of a guest access during the purchase process – the consent is requested. In addition, each user is obliged to read the privacy policy. Consent to these is requested separately. 

Only with agreement to both regulations the use of the Dirty Desire platform is possible.

§1 Scope

  1. These terms of use apply to all users (sellers and buyers) of the platform.
  2. By registering or making a trade, you agree to the Terms of Use.
  3. Users in the sense of the user agreement can only be private individuals.
  4. Each user must comply with the rules of the age of majority in his place of residence.
  5. Commercial use is excluded.

§2 Performance description

  1. DD wholesale UG (haftungsbeschränkt) provides the Dirty Desire platform. By means of this platform, users can create online ads that contain texts and images to describe the items.
  2. Items offered are limited to worn lingerie, hygiene and fetish items. An overview of the permitted article category is regulated in §8.
  3. The operator reserves the right to remove inadmissible articles from the platform.
  4. The platform offers the possibility to exchange messages between buyers and sellers. This function is used to initiate business, for queries about items, as well as other requests from buyers.
  5. An unacceptable use of the messaging feature is insults, disclosure of payment information, or advertising of other services. Likewise, it is not permitted to hand over mail addresses.
  6. The platform offers the possibility to sort, search and filter ads.
  7. The buyer pays via the offered payment service provider to the operator
  8. Payment to the seller is made to the known bank account, see §3 par. 4 and §6. 
  9. Customer service is available via can be reached free of charge by mail.

§3 User account as seller

  1. For offering the products mentioned in §8 a user account as a seller is necessary. For this purpose a registration takes place, where name, first name and a mail address are requested.
  2. Legal entities or partnerships are excluded from creating a user account.
  3. After registration and at the latest at the first successful sale, the postal address, as well as a bank account and the corresponding IBAN must be entered as further data. 
  4. Without a specified bank account, a payout is not possible. The seller ensures the accuracy of the data.
  5. The seller has the possibility to change his user account to a premium account for a fee.
  6. The seller has the option to cancel the premium account on a monthly basis. Afterwards, the original user account continues to run free of charge.
  7. The user account can be terminated at any time, unless a premium account exists. The cancellation becomes effective as soon as all current buy / sell transactions concerning the user have been completed.
  8. At the latest when the sales volume reaches 2.000€ or the number of 30 sales in the course of a year, the operator requests the tax ID of the seller. This is based on the legal obligation to share this information with the tax office under the PStTG („Platforms Tax Transparency Act“). The operator reserves the right to request the necessary information at an early stage.
  9. Without the necessary and updated data, a private sale through the channels specified in §3 para. 9 mentioned de minimis limits is not possible.

§4 Premium access for sellers

  1. Every user who owns a seller account has the possibility to upgrade this account to a premium account.
  2. With the Premium access the following functionalities are given:
    1. Receiving messages from buyers
    2. Maximum setting limit for simultaneously set products is increased from 3 to 25
    3. The seller profile can be verified
  3. In order to perform the verification, the user must send in a photo showing him/her together with a piece of paper on which the information „Dirty-Desire“, the username and the current date can be clearly seen.

§5 Transaction fee for seller

  1. For each successful sale, the operator charges a transaction fee. The amount depends on the respective applicable price table.
  2. The transaction fee is charged exclusively on the selling price incl. additional options charged. The costs incurred for shipping are not part of the calculation of the transaction fee.
  3. The transaction fee is deducted from the sale proceeds, there is no separate invoicing.

§6 Payment to seller

  1. Payment to sellers is made exclusively by the operator and by means of cashless bank transfer to a previously designated bank account.
  2. The proceeds of the sale are paid out minus the transaction fee and plus the agreed shipping fee.
  3. The transfer is made up to 14 days after the buyer has paid and the seller has ordered the shipment. For this purpose, proof in the form of a shipment number of a parcel service (e.g. DHL, Hermes, etc.) is required. The platform offers appropriate forms to file this proof.
  4. The operator reserves the right to withhold payment in the event of a gross violation of the terms of use until the underlying facts have been clarified. A gross violation includes:
    1. A shipment to buyer with fraudulent intent
    2. The sale of inadmissible articles according to §8
    3. Intentional indication of a wrong shipment number
    4. knowingly providing false information about oneself

§7 Transfer of rights of use

  1. The transfer of rights of use to other or further natural persons is excluded.

§8 Content and nature of the advertisements posted

  1. The seller is obliged to truthfully list the information about the product in writing. Furthermore, at least one photo of the corresponding product must be posted. Photo and product description must match each other.
  2. The product description shall be as informative as possible and, in addition to this description, may include references for possible finishes to the product. Refinements in the sense of the platform are, for example, wear time, wear marks or special additional fragrance experiences.
  3. The posted photos may show the product in wearing condition.
  4. It is generally prohibited to share, upload or otherwise make available pornographic content (cf. Section 4 (2) JMStV) in words and images via the platform. Furthermore, it is prohibited to share, upload or otherwise make available any other content in words or images that is harmful to minors via the platform.
  5. It is prohibited to provide content that violates the copyright, competition law or trademark law of third parties.
  6. The seller shall ensure that the necessary rights are available to him. This is usually best done when the product photos are taken yourself.
  7. It is not allowed to post general product photos that come from the manufacturer, for example.
  8. The following product categories categories are possible: panties, bras, socks, shorts, shoes, swimwear, stockings, leggings, outerwear as well as sex toys. 

§9 Prices, offer confirmation, payment and article shipment

  1. All prices are to be quoted in EUR. Since these are private sales, the prices do not include VAT.
  2. A minimum sales price shall be agreed, the amount of which shall be based on the applicable price table. The minimum sales price refers to the product without additional options.
  3. The buyer confirms his interest in buying a product by means of the product selection, additional options, if any, and clicking the order button. The seller receives a notification and has 72 hours to confirm the purchase request. With confirmation, a mutual purchase contract between seller and buyer is concluded.
  4. Payment will be earmarked and made after mutual confirmation. The seller is asked to prepare the shipment. The desired wearing time for certain products is taken into account. The seller has the obligation to provide a shipment number to confirm proper shipping and tracking.
  5. If there is no mutual confirmation, the order expires. The reserved payment obligation for the purchaser is no longer applicable.
  6. Cancellation after mutual confirmation is excluded. Likewise, return shipping is excluded.

§10 other duties of the user

  1. The User undertakes not to make any untrue statements to third parties about the Platform’s business model.
  2. The User shall refrain from activities that hinder the operation of the Platform or harm other Users. This includes in particular:
    1. Upload malware
    2. send advertising mails
    3. copying of other people’s content and its distribution
    4. the use of crawlers to read and otherwise use content from the platform
    5. Collecting information from other users, especially mail addresses and phone numbers

§11 Liability of the operator

  1. Each customer who purchases on the platform does so at their own risk. The operator assumes no responsibility for any loss or damage that may arise from the purchase of products on the platform. 
  2. The operator is not liable for the accuracy of the advertisements posted by sellers. This concerns in particular:
    1. The quality
    2. The number
    3. The completeness
    4. The safety as well as the
    5. Legality
      the listed product
  3. The operator is liable according to legal regulations for gross negligence as well as intent. This extends to the legal representatives.
  4. The operator is also liable for simple violations of essential parts of the contract. 
  5. Any further liability is excluded.

§12 Liability of the seller

  1. In case of clarification questions from the buyer after the purchase, for example, to resolve problems or complaints regarding the product, we will forward the inquiries to the seller. The seller is required to actively participate in the clarification.
  2. The seller ensures that the item is shipped as described and agreed with the buyer.
  3. The seller is obliged to provide truthful information about the product and in case of any discrepancies to inform the buyer.

§13 Liability of the buyer

  1. The Buyer shall ensure that it meets the payment obligation after the conclusion of the purchase contract.
  2. The purchase contract is concluded as soon as the seller has accepted the purchase request.

§14 Data protection

  1. We are committed to strictly complying with data protection regulations and protecting your personal data to the best of our ability. 
  2. We collect, process and use your data exclusively within the framework of the legal provisions and exclusively for the fulfillment of the contractual relationship between you and us. We will not pass on your data to third parties unless this is necessary for the processing of the contractual relationship or there is a legal obligation to do so.

§15 Termination of the contract of use

  1. The user contract expires with the termination of the account. 
  2. Notwithstanding the termination of the account, the Terms of Use shall continue to apply if any purchase transactions are still in progress.
  3. The User may terminate its contractual relationship with Dirty-Desire by terminating its account or by sending an e-mail to, specifying its user name and other personal identifying information, such as address.
  4. The operator reserves the right to ask questions about the legality of the termination if there are doubts about the identity.

§16 Adaptation of these terms of use

  1. The user has the possibility to agree to the modified terms of use by accepting them by placing an advertisement or when requesting a product. 
  2. The operator will mark this specifically by a clear notice. 
  3. The Operator may propose changes to these Terms of Use to the User at any time. 
  4. If the user does not object to the changes, his consent shall be deemed granted. Any rejection must be communicated to the operator in text form before the changes come into effect.
  5. If the user does not agree with the changes, he has the right to terminate the contract without notice and free of charge. 
  6. In the message offering the changes, the Operator shall clearly inform the User once again about the right to refuse, the deadline for doing so and the possibility to terminate the contract. The amended terms of use will also be published on the platform’s website.

§17 Final provisions

  1. Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall be deemed agreed which comes closest to the economic purpose of the invalid provision. 
  2. The same applies in the event of a regulatory gap.
Nach oben scrollen