GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Sandu Vintage Fashion GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods displayed by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless agreed otherwise.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are neither attributed to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. To do this, the Customer must first place the selected goods in the virtual shopping cart and then go through the electronic ordering process by clicking the button to conclude the order process, thereby submitting a legally binding contractual offer regarding the goods in the shopping cart.
2.3 The Seller may accept the Customer’s offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or requesting payment from the Customer after the Customer has placed their order.
If several of the aforementioned alternatives exist, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed as rejecting the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account, specifying the corresponding login data.
2.5 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order process.
2.6 The contract can be concluded in German and English.
2.7 Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that, when using SPAM filters, all emails sent by the Seller or by third parties commissioned with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s instructions on withdrawal.
3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which the Customer must bear. These include, for example, costs for transferring money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment options will be communicated to the Customer in the Seller’s online shop.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller’s order processing is decisive.
5.2 If the delivery of the goods fails for reasons that are attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the shipment if the Customer effectively exercises their right of withdrawal. With regard to the return costs, if the Customer effectively exercises their right of withdrawal, the provisions made in the Seller’s withdrawal policy shall apply.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to the Customer upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer as a consumer once the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the Seller has not previously designated this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-delivery and has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and any consideration will be refunded without delay.
5.5 Self-collection is possible.

6) Retention of Title

If the Seller provides advance deliveries, they reserve ownership of the delivered goods until the purchase price owed has been paid in full.

7) Warranty

7.1 Unless otherwise provided below, the statutory provisions regarding liability for defects shall apply. With regard to contracts for the delivery of goods, the following shall apply notwithstanding this:

7.2 If the Customer is acting as an entrepreneur,

the Seller has the choice of the type of subsequent performance;
the limitation period for defects is one year from the delivery of the goods for new goods;
rights and claims for defects in used goods are excluded;
the limitation period does not recommence if a replacement delivery is made within the scope of the liability for defects.

7.3 The limitations of liability and reductions in the limitation period specified above do not apply

to claims for damages and reimbursement of expenses by the Customer,
in the event of fraudulent concealment of the defect by the Seller,
for goods that have been used in accordance with their usual manner of use for a building and have caused its defectiveness,
for any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the Customer is a merchant within the meaning of the German Commercial Code (HGB), they are subject to the commercial duty of examination and notification of defects as specified in § 377 HGB. If the Customer fails to comply with the obligations specified therein, the goods shall be deemed approved.
7.6 If the Customer is a consumer, they are requested to report obvious transport damages to the deliverer and to notify the Seller thereof. If the Customer fails to do so, this does not affect their statutory or contractual warranty claims.

8) Applicable Law

8.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
8.2 Furthermore, this choice of law does not apply to consumers who are not residents of a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union with regard to the statutory right of withdrawal.

9) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, in the above cases, the Seller is also entitled to bring legal action at the Customer’s general place of jurisdiction.

10) Alternative Dispute Resolution

10.1 The European Commission provides a platform for online dispute resolution (ODR), which can be found at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for out-of-court dispute resolution regarding online purchase or service contracts involving a consumer.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Terms & Conditions