Tise User Terms of Service (DE)
Last updated: 15 April 2026
Welcome to Tise - the place to go for secondhand fashion and interior!
These User Terms of Service ("Terms") govern the contract between you and eBay GmbH, Albert-Einstein-Ring 26, 14532 Kleinmachnow, Germany ("we", "us" or "our") formed at registration on the Tise marketplace platform ("Tise"). Please read them carefully.
For information regarding the processing of personal data, please see our Privacy Notice.
1. How these Terms work
These Terms, together with all Policies (defined below), govern your access to and use of our websites, applications and features in the Tise region in which you originally created your account (the "Services").
When you create an account on Tise, you agree to these Terms which will be linked in the registration process. If you don't agree, please don't use the Services. If you subsequently change your location to a different Tise region, you acknowledge and agree that any transactions under that location will be governed by the Tise terms applicable to that region, as made available through the country picker at the top of the terms page.
The following policies and standards form part of these Terms and are incorporated by reference (collectively, "Policies"):
- Service Fee Policy
- Buyer Protection Policy
- Prohibited and Restricted Items Policy
- Prohibited Practices Policy
- Intellectual Property Policy
- Counterfeit Item Policy
- Recommendation Policy
2. What Tise is (and isn't)
Tise is a marketplace platform where people can discover, list, buy and sell items. Services cannot be offered or exchanged on Tise. We are not involved in the actual transaction between the buyer and seller. The contract for the sale is directly between the buyer and the seller, and we are not a party to that contract. Unless we say otherwise for a specific program, we do not have possession of anything listed or sold through Tise.
Users are responsible for items, listings, pricing, taxes and legal compliance. Buyers are responsible for deciding whether to buy and for paying the agreed price. See Section 11 for shipping and returns.
3. Eligibility and accounts
You must be 18 or older to open an account or use Tise.
When you create an account on Tise, it is a personal (consumer) account. Personal accounts are for your own private use and may not be used for commercial or professional purposes.
We may offer business accounts for professional sellers acting for purposes relating to their trade, business, craft or profession ("Business Seller"). Business Sellers will be identified as such on the platform. Transactions with Business Sellers are subject to European consumer protection laws, including the right of withdrawal. If you buy from another personal account holder, the transaction is between two consumers (C2C) and the statutory right of withdrawal does not apply.
If this feature is available, you may use your Tise account credentials to sign in to, or create an account for, certain other of our services, such as the eBay marketplace. We may also link your Tise account to your existing accounts for these other services, including your eBay account, or merge the accounts into one unified account for all services. In all of these cases, your account data will be synchronised across those services. We will notify you before enabling the cross-platform synchronisation of your account data. Please note that using another service with your Tise account may be subject to other terms and conditions and privacy notices which will be brought to your attention before using the service for the first time.
Keep your account details accurate and secure. Don't share your login or transfer your account without our consent. You may hold only one personal Tise account. If we also offer business accounts, you may hold one personal account and one business account, but they must use different email addresses and be clearly separate.
We may ask you to verify your identity or compliance status (for example, Know Your Customer responsibilities) and may suspend your account if you don't comply.
4. Using Tise
Tise may not be used for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms. When listing on Tise, you must always comply with applicable law and our Policies, including our Prohibited and Restricted Items, Prohibited Practices, Counterfeit and Intellectual Property policies. By using Tise you assume full responsibility for the content of the listing and the item offered.
We have absolutely no tolerance for inauthentic, objectionable content or abusive behaviour. If you don't respect our Policies or these Terms, upload any illegal items or content or violate applicable laws, consequences may include the removal of your listings or other content, restrictions on your account, or temporary or permanent suspension of your account (see further details in Section 5).
When using Tise, you must not:
- list, post, or sell illegal, dangerous, infringing, counterfeit, or otherwise prohibited items;
- misrepresent items, condition, authenticity, prices, shipping costs, shipping origin or timelines, or your identity;
- fail to ship items you sell, fail to pay for items you buy, or abuse returns or buyer or seller protections;
- manipulate bidding, prices, feedback, search or ranking, or reviews (including shill bidding, review swaps, or operating multiple accounts), or take steps to circumvent fees or complete transactions off the Services;
- post harmful content (including content targeting or endangering children), hate or harassment, doxxing, spam, or explicit sexual content;
- sell stolen property or items with altered or removed serial numbers; promote or facilitate illegal activity; violate trade sanctions or export controls;
- upload malware or phishing links; attempt to access accounts without permission; bypass rate limits or technical protections; scrape, use bots, reverse engineer, or use unauthorised API clients;
- collect, publish, sell, or misuse others' personal data, or send unsolicited marketing;
- misuse intellectual property (including others' photos, text, trademarks);
- ship hazardous items in violation of law or carrier rules;
- create new accounts to evade enforcement or use the Services if ineligible under our Policies;
- interfere with the operation of the Services or other users' enjoyment;
- provide incorrect information or documents for your account or fail to provide or correct information or documents upon our or the payment service provider's request;
- act in any way that conflicts with our Policies.
5. Content moderation and measures in case of violations
Tise uses a combination of automated tools and human review to keep the platform safe and in compliance with applicable law.
Automated tools include keyword filters and AI-based detection systems. These tools are used to identify potentially prohibited items, counterfeit goods, spam, and other content that may violate our Policies and/or applicable laws. Automated tools may flag content for human review or, in certain clearly defined cases, take immediate action (for example, hiding a listing pending review). Automated tools have limitations - they may occasionally flag content incorrectly, which is why we provide an appeals process (see Section 14).
Human review is used for more complex decisions, including account-level restrictions, appeals, and cases where automated tools are uncertain. All appeals are reviewed by a person and are not decided solely by automated means.
When we take action on your content or account due to the violation of your obligations regarding content you uploaded or of your other obligations (as set out in more detail in Section 4 above), we may:
- Remove or hide a listing or other content
- Restrict specific features of your account (for example, the ability to list or message)
- Temporarily suspend your account for a defined period
- Permanently suspend your account in cases of serious or repeated violations
We apply a progressive, tiered approach to enforcement that is designed to be proportional, consistent and transparent. Our goal is to educate and offer corrective opportunities at early stages, while escalating decisively for repeat violators and bad actors. The consequences for violations depend on the severity of the conduct, the frequency and persistence of violations within a rolling lookback period, and whether the behaviour indicates willful or evasive non-compliance. Enforcement may include, in escalating order: educational guidance and a remediation window to address non-compliant content; formal warnings and strikes recorded against your account; short-term account-level restrictions (for example, temporary loss of listing or messaging privileges); longer-term account-level restrictions; and suspension or permanent ban for serious or persistent violations.
At early enforcement stages, we may offer a limited remediation window - a period during which you can take corrective action following the removal of non-compliant content. Remediation windows are not available once enforcement has escalated beyond the initial stages, or where your behaviour indicates heightened risk (for example, relisting the same or substantially similar violating item, repeated violations demonstrating disregard for prior notice, or evidence of willful, evasive or deceptive conduct).
Violations involving counterfeit items, prohibited and restricted items, prohibited practices, or intellectual property infringement at the item level may follow an accelerated enforcement path. For these violations, intermediate enforcement stages may be skipped and remediation windows may be bypassed based on the severity of the conduct or repeat behaviour.
A user whose behaviour demonstrates intentional, repeated or evasive non-compliance (rather than isolated mistakes or learning gaps) may be ineligible for remediation windows and may be escalated directly to higher enforcement stages. Bad actor behaviour includes, but is not limited to: repeatedly relisting the same or substantially similar violating items after removal; ignoring or circumventing prior enforcement notices or corrective guidance; using deceptive tactics to evade detection or enforcement; and demonstrating patterns of willful misconduct across listings or accounts.
Violations that have been successfully appealed, reversed or determined to be incorrect will not count toward enforcement escalation.
We will provide a statement of reasons when we take any of these actions, explaining what we did, why, and how you can appeal. See Section 14 for details on reporting, appeals and complaints.
6. Listings and buying
You must describe items honestly, provide accurate photos, set a clear price and state shipping options, timelines and any return terms.
When listing on Tise, you must always comply with our Policies relating to listings, and you assume full responsibility for the content of the listing and the item offered. The following listing conditions apply:
- You are solely responsible for the accuracy, legality and content of your listing and item (including content produced with translation, image-editing or AI tools) and you must follow all applicable Policies (including prohibited and restricted items).
- Listing visibility, placement and time to appear in search or browse aren't guaranteed.
- We may reasonably edit, supplement, restrict or remove listing content, meta-tags or links, and revise product or catalogue data to improve accuracy or enforce a policy. We may also reasonably add platform content (for example, information about our programs or services) to your listing.
- Placement depends on buyer signals, item details, and seller performance. Paid upgrades or promotions may affect placement and may not be available everywhere.
- We may show optional listing recommendations based on aggregated performance data, and to power these features we may display your listings' sales or performance history to other sellers.
- We may advertise and syndicate your listings across our services and with third parties. This includes, for example, the display of users' listings and content on price comparison sites or in advertisements on third-party websites or apps.
- Tools we offer (including AI) may be unavailable or inaccurate (Section 17 "Liability" applies). You remain responsible for your listings.
If your account is eligible for cross-platform use (see Section 3 above), your listings created on Tise can be surfaced on some of our other services including the eBay marketplace. We will inform you before your listings are cross-listed on other services and where required ask for your consent or give you the opportunity to opt-out from cross-listing before publishing your listing. If your item is sold on another service, the terms and conditions of such other service apply which were brought to your attention before first listing on the other service.
7. Fees
We will disclose any fees that apply to specific features, categories, or services clearly at the point of sale (at the View Item page and at checkout). The general fee structure and rules regarding fee refunds are outlined in our Service Fee Policy, and the fees may vary based on factors including item price, category and seasonal promotions. By proceeding with the transaction, you agree to the specific fees displayed at checkout.
Fee evasion is prohibited (for example, asking or directing a buyer to pay outside Tise). If you negligently or intentionally attempted to circumvent fees, we may charge the applicable fees, limit or suspend your account, remove listings, or withhold payouts to cover amounts owed.
Sellers are responsible for determining, collecting, reporting and remitting any taxes arising from their sales. Where required by law, we may calculate, collect or remit taxes, and if we do, we will disclose this in the product or applicable policy. Where permitted by law, we may recover from you any taxes, penalties or interest arising from your non-compliance. Fees charged by us may themselves be subject to tax.
8. Buyer Protection
Eligible purchases through Tise are covered by Buyer Protection. When you pay and complete your order through Tise, we help resolve problems, and where certain conditions are met, arrange a refund. Find out more in our Buyer Protection Policy.
9. Tise Points Program
Tise Points is a program that allows Tise customers to automatically earn points through participating in various activities on the Tise platform. Tise Points can be redeemed at checkout to save on shipping labels and Tise fees.
10. Payments
Payment processing services for users on Tise are provided by Stripe. By using payments on Tise, you are creating a Stripe Connected Account ("Stripe Account"). By doing so, you agree to the Stripe Connected Account Agreement, as modified by Stripe from time to time, which constitutes a direct legal agreement between you and Stripe. You are solely responsible for complying with the terms of the Stripe Connected Account Agreement.
As a condition of us enabling payment processing through Stripe and your Stripe Account, you agree to provide accurate and complete information about you and (if applicable) your business, to keep it up to date, and you authorise us to share that information (and transaction data related to your use of the payment services) with Stripe, Stripe's financial services providers or any payment method providers used by Stripe, so Stripe can enable Stripe Connect and provide its services, improve user experience, comply with law and manage risk. You agree that you have obtained all necessary rights and consents under applicable law to disclose any required information to us and Stripe.
You authorise us and Stripe to obtain information about you (including from third parties that may include banks, credit and consumer reporting agencies, data brokers and service providers) as needed to verify identity, prevent fraud, verify the existence and location of your bank account, and comply with legal requirements (for example, Know Your Customer checks). We may require additional information before enabling or continuing payouts, and we reserve the right to close, suspend or limit your account or rescind your access to any or all of our services if we are unable to obtain or verify any of this information. We are not responsible for any losses suffered by you as a result of incomplete or inaccurate information you provide.
You grant us clear authorisation to perform specific actions on your behalf using the Stripe API and Stripe Dashboard, to the extent necessary to enable payment services. Your authorisation includes, but is not limited to, our ability to: create, connect and manage your Stripe Account; access data in your Stripe Account through our Connected Platform Account; submit transaction and other Stripe Account data, including charges and payment requests, to Stripe; accept payments from Stripe on your behalf; initiate refunds and adjustments for transactions; communicate with Stripe and manage disputes (including chargebacks) related to your transactions; view and manage your transaction history, balances and payout schedules; and update your account information and capabilities when required. We will only engage in activity for your Stripe Account to the extent that we are doing so on your behalf, and in accordance with the authority granted in these Terms, including our Privacy Notice. You are responsible for all activity performed in your Stripe Account, whether initiated by you or by us on your behalf.
You understand that some third parties (such as banks, credit and debit card issuers, credit and debit card networks) may have, and in the case of Stripe does have, their own terms and conditions for the payment or settlement methods you choose to use in connection with payments, such as terms and conditions that relate to the settlement of funds, chargebacks, prohibited items and overdrafts. Failure to abide by third-party terms and conditions may result in fees assessed to you, delays in your receipt of funds, or other actions taken by such third parties. You agree that we have no control over, or responsibility or liability for, such fees, delays or actions.
Payout timing and availability depend on factors such as verification status, risk controls, your bank's processes and the confirmation of successful delivery. We may request Stripe to place a hold, delay or cancel a payout, or reverse a transaction through Stripe if we reasonably believe it is necessary to comply with law, manage risk, or enforce our policies, including our Buyer Protection Policy (for example, in cases of suspected fraud, chargebacks, refunds or disputes). You authorise us to recover from you any amounts you owe (including fees, adjustments or chargebacks) by deducting them from your Stripe Account, your current or future payouts, or by charging your payment method on file.
Buyers and sellers are responsible for resolving issues directly with each other unless a specific Tise policy states otherwise. We are not a party to the contract between buyer and seller and do not guarantee refunds, returns or exchanges. If a transaction is reversed by a payment provider or a buyer's bank, you are responsible for the chargeback amount and any related fees.
Users are responsible for their actions and should evaluate the credibility of other users before transacting. We do not inspect, warrant or guarantee the quality, safety, condition, legality, authenticity or delivery of items listed on the Service, and do not transfer legal ownership of items. All consequences of buying or selling through the Service are solely your responsibility.
We are not a bank and do not hold funds on deposit. Any funds are held, processed and settled by Stripe or its financial institution partners. No interest is paid on balances.
11. Shipping and returns
Sellers
Unless a particular Tise program says otherwise, shipping, delivery and returns are arranged between buyer and seller. Your listing must state the shipping method, costs and expected delivery time. If you offer returns, please set out the return window and who pays return shipping.
Buyers
If you are requesting to return an item for change of mind reasons, the seller's return policy as stated in the listing will apply, including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a change of mind return request if it falls outside their return policy.
12. Your content and our IP
You own the content you post. To operate, provide, improve and promote the Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use the content, including to host, store, reproduce, adapt (including to create derivative works), publish, publicly perform and display, distribute and otherwise use your content on and off the Services, including for marketing purposes, in any media known now or in the future. This licence includes the right to sublicense (through multiple tiers) to our affiliates, service providers and partners for these purposes.
We (and our licensors) own the Services, including the platform, software, brand and all related content. We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Tise website, applications and features in accordance with these Terms. You must not reverse engineer, decompile, disassemble, rent, lease, sell, sublicense or otherwise misuse our Services, content or code.
Our names, logos, designs and phrases used in connection with the Services are our trademarks, service marks or trade dress. You may not use them unless we expressly authorise you in writing.
13. How recommendations work
Default recommendations consider factors such as query relevance, item quality and price, seller performance, buyer engagement and market signals. You can adjust results using filters and sort orders. Find out more in our Recommendation Policy.
Sponsored or paid placements will be clearly labelled.
14. Reporting, moderation, restrictions and appeals
We operate a reporting process for illegal content and intellectual property complaints. Users and rights holders can report suspected illegal content or infringements using our in-product reporting tool. A valid report should identify the content, explain why it is believed to be illegal or infringing, and provide your contact details.
We will process reports expeditiously and let you know the outcome and reasons for our decision.
To protect our community and comply with law, we can remove content, lower its visibility, limit features, suspend or terminate accounts, and hold or delay listings or transactions if the content or listings or the user otherwise violates applicable law, these Terms or our Policies. When we take action, we will provide a statement of reasons explaining:
- what action we took and what content or account it relates to;
- the facts and circumstances on which we based our decision;
- where applicable, the legal ground or contractual basis for the decision;
- whether the decision was made using automated tools, and if so, that the decision is subject to human review on appeal;
- information about your right to appeal and the available redress options.
If we restrict your content or account, you have the right to appeal our decision free of charge. You can submit an appeal through our in-product appeal tool or by contacting us at appeals@tise.com. You must submit your appeal within six months of being informed of our decision.
Appeals are reviewed by a qualified person who was not involved in the original decision. Appeals are not decided solely by automated means. We will process your appeal without undue delay and inform you of the outcome and the reasons for our decision.
If your appeal is successful, the restriction will be reversed and the associated violation will not count toward your enforcement history or escalation. If your appeal is unsuccessful, the original decision and any associated strikes or consequences will stand. Where a violation forms part of a pattern of repeated non-compliance, the outcome of an appeal may also be considered when assessing whether further enforcement action is warranted.
We cooperate, within the framework of our legal obligations, with mediators and out-of-court dispute settlement bodies certified under the Digital Services Act in order to resolve disputes arising from measures taken under Sections 5 and 14. If mediation or out-of-court dispute settlement is available in your case, we will inform you of this option and of the relevant bodies. We recommend that you first try to resolve your concern through our internal appeals process (Section 14) before initiating a mediation or dispute settlement procedure; however this is not mandatory. If a mediation or dispute settlement procedure is initiated, both you and we will cooperate in good faith with the body concerned. The decisions and proposals of the body are not legally binding on either party. Your right to pursue judicial remedies is not affected.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of ยง 2(1) of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG).
Enforcement actions are cumulative. We assess your violation history within a rolling lookback period. Repeated violations - particularly those involving high-risk policies such as counterfeit items, prohibited and restricted items, prohibited practices, or item-level intellectual property infringement - may result in accelerated escalation, including the loss of remediation opportunities and faster progression to account-level restrictions or suspension. Relisting the same or substantially similar violating item after removal is treated as an indicator of willful or evasive behaviour and may trigger immediate escalation.
We may suspend your access to the reporting or appeals system if you frequently submit manifestly unfounded reports or complaints. Before doing so, we will issue a warning. We assess misuse on a case-by-case basis, considering the volume, seriousness and intent of the conduct.
Similarly, we may suspend your account if you frequently provide manifestly illegal content. We will explain the basis and duration of any suspension.
For regulatory questions, authorities can contact us at regulatory@tise.com.
15. Advertising transparency
Where advertisements (including promoted listings, influencer content and partner content) are displayed on Tise, we ensure they are clearly labelled so you can recognise them as advertising. For each advertisement, we make the following information available:
- that the content is an advertisement;
- who paid for the advertisement;
- the main targeting parameters used to display the advertisement to you, and how to change those parameters.
If you post content on Tise that constitutes a commercial communication (for example, if you are promoting products on behalf of a brand), you must declare this using the functionality we provide.
16. Service changes and availability
We reserve the right to modify Tise, provided that such modifications are reasonable for users, taking into account our legitimate interests, do not incur any additional costs for the user, and are intended to adapt the Tise marketplace platform to technical developments, changes in user numbers, changes in usage patterns or changes in user expectations.
Your entitlement to use the Services exists only within the scope of the current state of the art. We may temporarily restrict our Services if this is necessary in view of capacity limits, the security or integrity of the servers, or to carry out technical measures, and if this serves the proper provision or improvement of the Services (maintenance work). In such cases, we will take the legitimate interests of users into account, for example by providing advance notice. Section 17 ("Liability") remains unaffected by the foregoing provision.
17. Liability
We are liable in accordance with statutory provisions for intentional misconduct and gross negligence of us. The same applies in the event of the assumption of guarantees or other strict liability, or in the event of a culpable injury to life, limb or health. We are further liable on the merits for breaches of material contractual obligations caused by simple negligence of us, our legal representatives, senior executives and vicarious agents, however limited in amount to the typically arising, foreseeable damage; contractual obligations are "material" if the user regularly relies and is entitled to rely on their fulfilment for the proper performance of the contract.
Any further liability on our part is excluded.
Insofar as our liability is excluded or limited, this also applies to the personal liability of our legal representatives, senior executives and ordinary vicarious agents.
18. Your responsibility
You are responsible for your use of Tise and your compliance with law. If you intentionally or negligently breach these Terms or infringe third-party rights and that causes us loss, you agree to compensate us for reasonable losses, costs and expenses we incur as a result.
19. Term, suspension and termination
These Terms apply until your account is closed. You can terminate these Terms and close your account at any time (subject to any ongoing transactions). We can terminate these Terms and close your account at any time with a notice period of 30 days to the end of the month. The right to suspend your account for the reasons described in Sections 5 and 14, including under the progressive enforcement framework described in Section 5, and the right to terminate these Terms and close your account for cause remain unaffected.
We will provide a statement of reasons and an appeal path where required (see Section 14). Where your account is suspended or terminated as a result of progressive enforcement escalation, the statement of reasons will include information about the violations and enforcement history that led to the decision.
Closing your account or terminating these Terms does not affect any rights or obligations that accrued before termination. The following sections survive termination: Fees and Payments (to the extent any amounts remain owed, including fees, chargebacks or adjustments), Buyer Protection (for transactions initiated before account closure), Your content and our IP, Liability, Your responsibility (including any indemnity), and Disputes.
As soon as your account has been suspended or these Terms have been terminated by us, you may no longer use the Services and may not register again. A suspension or termination does not affect the validity of contracts already concluded by you with other users on Tise.
20. Disputes
These Terms are governed by German law.
For users who are merchants within the meaning of the German Commercial Code (Handelsgesetzbuch), a special fund under public law, or a legal entity under public law, Potsdam is the exclusive place of jurisdiction for all disputes arising from these Terms. If you are a consumer, you retain the protection of mandatory laws of your country of residence and may bring proceedings there where applicable law gives you that right.
We may only bring legal proceedings against consumers before the courts at the consumer's place of residence.
You may also seek mediation or out-of-court dispute settlement as described in Section 14.
21. Privacy
We use your personal data only as set out in our Privacy Notice. We view protection of users' privacy as a very important community principle. If you use payments on Tise, the use of your Connected Account is subject to the Stripe Privacy Policy.
22. Privacy of others and marketing
If we provide you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to our Services. You may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
23. Changes to these Terms
We may, at any time, propose an amendment to these Terms to you in writing (e.g., by email), provided that at least 30 days' notice is given prior to the proposed date on which the amendment is to take effect. The amendment proposed to you will only take effect if you accept the amendments as follows:
- If the change is a material one, we will ask you for your express consent to this change.
- If a proposed change is not material, your consent is deemed to have been given if you have not rejected the change in writing (e.g. by email) to us before the proposed date of entry into force. In the case of such changes, we will inform you explicitly and in advance, in the notification in which we propose the change to you, regarding your right to reject the change, the deadline for doing so and the consequences of failing to meet this deadline, as well as your right of termination (see Section 19).
Changes are considered material (in particular provisions regarding the nature and general scope of the Services or regarding the term and termination) if they significantly alter the previously agreed contractual balance to your disadvantage or would amount to the conclusion of an entirely new contract. Changes resulting from a change in applicable law, a final court judgement or an interim injunction do not constitute material changes.
24. Contact details, notices
Service and user contact point (Art. 12 DSA): support@tise.com. We aim to respond promptly and directly via non-automated means.
Contact point for authorities (Art. 11 DSA): regulatory@tise.com.
We will send notices to your registered email or app inbox. Please keep your contact details up to date.
25. Miscellaneous
Should any provision of these Terms be or become wholly or partially void or invalid, this shall not affect the validity of the remaining provisions. Provisions of these Terms that are not included or are invalid shall be replaced by statutory law. If such statutory law is not available in the relevant case (gap in the provisions) or would lead to an unacceptable result, the parties shall enter into negotiations to agree on a valid provision in place of the provision not included or invalid, which comes as close as possible to it in economic terms.
Headings are for convenience only.