General Terms and Conditions
- Contract conclusion
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects
- Applicable law, contract language
- Alternative Dispute Resolution
- Code of Conduct
1.1 These General Terms and Conditions (hereinafter "GTC") of Vera Ortmann, acting under "VINTAGE XP" (hereinafter "Seller"), apply to all contracts concluded by a consumer or an entrepreneur (hereinafter "Customer") with the Seller using means of distance communication ( eg telephone, fax, e-mail, letter) exclusively through individual communication within the meaning of § 312j (5) sentence 1 BGB. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of vouchers these terms and conditions apply accordingly, unless expressly otherwise stipulated.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Contract conclusion
2.1 The customer may make a non-binding request by submitting an offer to the seller by telephone, e-mail, post or via the online contact form if available on the seller's website. At the request of the Customer, the Seller will send the Buyer a written offer (for example by e-mail, fax or letter) to sell the goods previously selected by the Customer from the Seller's assortment.
2.2 This offer can be accepted by the customer by e-mail or by payment of the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby the date of receipt of the offer is not included in the calculation of the deadline. For acceptance by payment, the day of receipt of payment by the seller is decisive. If the last day of the acceptance period falls on a Saturday, Sunday, or a public holiday officially recognized at the Customer's place of residence, the next working day shall be replaced by such day. If the customer does not accept the offer of the seller within the aforementioned period, the seller is no longer bound by his offer and can again freely dispose of the goods. Hereupon, the seller will once again specifically point out the customer's offer.
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation result from the cancellation policy of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the seller's offer.
4.2 The payment option(s) will be communicated to the customer in the offer of the seller.
4.3 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods is made by mail to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 Pickup is possible for logistical reasons only in exceptional cases.
6) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability of defect
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 Deviating from this applies to used goods: claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply
- for things that have been used for a structure according to their usual use and have caused its defectiveness,
- for damages and reimbursement claims of the customer,
- as well in the event that the seller has fraudulently concealed the defect.
7.3 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable law, contract language
8.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8.2 The contract language is German.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
10) Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.