Terms and conditions
General terms and conditions
General Terms and Conditions of Sale and Delivery
1. Use of the
Vintage Designer (hereinafter "the Seller") is a company that sells applied arts to wholesalers and retailers from Denmark, Germany and Poland.
All sales by Vintage Designer are subject to the general terms and conditions of sale and delivery set out below, unless expressly waived in a written agreement between the partners.
The Seller reserves the right at any time to make changes and additions to the terms and conditions of sale and delivery set out below. The terms and conditions of sale and delivery shall be deemed accepted by the Buyer when the Buyer places an order.
2. Commencement of contract
Orders are to be submitted online by the buyer under acceptance of the present sales and delivery conditions. Unless expressly agreed otherwise, the Seller's offers are non-binding. The order is only binding for the seller once the order has been confirmed online. In the event of obstacles to delivery due to force majeure (see Section 9), however, the Seller shall not be liable even after sending an order confirmation.The Seller shall confirm each order received by email to the address entered by the Buyer when placing the order. Any complaints regarding the order confirmation must be communicated to the seller immediately; otherwise the purchase contract and the general business relations associated with it shall be regarded as accepted by both parties.
Unless expressly agreed otherwise, delivery to the recipient shall be made duty unpaid (DDU) in accordance with Incoterms 2000. The choice of the shipping company shall be at the Seller's discretion at all times and for all deliveries. In this case, the respective responsible transport company shall be selected according to dimensions, weight and pallet.
All deliveries are dispatched by the seller as quickly as possible and within a reasonable period of time.
Under no circumstances can the Seller be held liable for operating losses, loss of profits or other indirect losses resulting from delays in delivery. The Seller's liability for damages in the event of susceptible delays shall in any event be limited to the invoice amount of the relevant order.
An additional fee of 30,- Euro will be charged for pallet shipments, while the fee for parcels will be calculated by the corresponding price tables of the respective transport companies used. See Shipping Information.
For all duty unpaid (DDU) shipments to countries outside the EU, customs duty is in all respects a matter between the carrier and the purchaser of the goods.
Any customs duties or import taxes to countries outside the EU are of no concern to the Seller.
4. Product Information
If product descriptions and operating instructions are available for a certain article, these are supplied as part of the shipment by the seller, exclusively in German language. Such product description or any other information about the purchased item is provided solely as a service and Seller assumes no separate liability for the accuracy or precision thereof.
5. Prices and Prices
Our net prices, plus the valid legal value added tax of the respective country from the customer, are subject to change without notice, i.e. also without guarantee, in particular with regard to printing errors.
In the absence of an express statement to the contrary, the Seller reserves the right to change prices without prior notice if these are in connection with an increase in material prices, wages or legal changes.
6. Payment/default of payment
As payment method we grant PayPal and prepayment. If the customer does not pay or does not pay completely within the agreed period, all our outstanding claims against the seller shall become due for payment. In the event of - even partial - default in payment, we shall charge the statutory default interest. In addition, all our outstanding claims against the Seller shall become due for payment. Furthermore, we may withhold all deliveries or withdraw in whole or in part from all existing (purchase) contracts with the Seller if the Buyer is in default of payment. In all other respects, the statutory provisions shall apply in the event of default in payment on the part of the Buyer. Deductions for calculated shipping and packaging costs are not permitted.
7. Liability and defects
The buyer is obliged to check the received items immediately upon receipt. Any defects must be reported to the Seller in writing without undue delay as soon as the Buyer has discovered or should have discovered the defect. All Buyer's complaints and claims must be submitted in writing to Seller, accompanied by appropriate documentation. If the Buyer fails to submit his complaint within five (5) days of the delivery date at the latest, he shall forfeit the right to complain about defects in the goods delivered.
If on receipt of deliveries sent duty unpaid or duty paid (Incoterms 2000) the Buyer notices missing parcels or transport damage to the items or packaging, he shall immediately notify the freight company thereof - for example by making a corresponding note on the delivery note. At the same time, the seller must be informed of the delivery problems so that agreement can be reached on a new delivery or credit note.
The Seller's liability for defects shall be limited to a new delivery or any other remedy of the defects complained of. If the defects cannot be remedied, the Seller will issue a credit note to the Buyer.
The Buyer may cancel the purchase only if the defects have not been remedied within a reasonable period of time from the date of complaint. In the event of a lawful and defect-related termination, the Buyer shall only be entitled to a refund of the purchase price valid at the time of conclusion of the contract if he makes the affected items available to the Seller in the same condition in which he received them. No additional claims can be made against the seller. Please note in particular that the Seller shall not be liable for any operating loss, loss of profit or any other financial consequential loss.
8. Product Liability
In the event of damage to items intended for commercial use (commercial item damage), the Seller shall be liable for defects in the items sold in accordance with the currently valid regulations on product liability. However, with the following exceptions:
The seller is not liable for any damage to property or inventory caused by a sold item if it was already in the buyer's possession at the time of the damage caused.
The Seller shall not be liable for any damage to products manufactured by the Buyer, even if production is carried out by items supplied by the Seller.
Seller shall not be liable for any operating loss, loss of profit or other indirect loss.
Liability under this provision shall be limited to the order value of the order.
The following applies to items intended for non-commercial use: The Seller shall be liable for injuries to persons or damage to objects caused by defects in the items sold in accordance with the currently valid regulations on product liability.
The aforementioned limitation of liability of the Seller shall not apply if the product liability is due to gross negligence on the part of the Seller.
If the Seller becomes liable to third parties as a result of the use made by the Buyer of the goods supplied, the Buyer shall be obliged to reimburse the Seller for any loss or damage exceeding the Seller's liability to the Buyer in accordance with the above guidelines.
9. Force Majeure
The Seller shall be entitled to terminate concluded contracts without liability if their performance proves impossible within a reasonable period due to war, strikes, lockouts, other force majeure or political conditions independent of the Seller. The same applies to delays or disruptions in deliveries from subcontractors. In such cases, the Seller shall not be liable for any damages suffered by the Buyer.
10. Sale by third parties
Applications sold on third party websites, such as Ebay, Amazon, Dawanda or similar, will not be accepted. Currently, we do not accept stores that sell only on Facebook.
11. Legislation and Jurisdiction
In the first instance, all matters relating to agreements between the parties under applicable Danish law shall be settled by the local court in Varde, Denmark.