General Terms And Conditions
General sales and delivery conditions
Vintage Designer (hereinafter "the seller") is a company that sells applied arts to wholesalers and retailers from Denmark, Germany and Poland. All sales of Vintage Designer are subject to the general terms and conditions of sale and delivery listed below unless expressly waived in a written agreement between the partners. The seller reserves the right to make changes and additions to the terms and conditions of sale and delivery as set out below. The terms of sale and delivery are deemed to be accepted by the buyer when the buyer places an order.
2. contract start
Orders are to be submitted online by the buyer under acceptance of the present terms of sale and delivery. Without an express agreement to the contrary, offers made by the seller are not binding. The order is only binding for the seller once the order has been confirmed online. However, in the case of delivery obstacles due to force majeure (see clause 9), the seller is not liable even after sending an order confirmation. The seller confirms each order by email to the address entered by the buyer when placing the order. Any complaints concerning the order confirmation must be communicated to the seller immediately; otherwise, the purchase contract and the associated general business relationships are accepted as mutually acceptable.
Unless otherwise agreed, delivery to the recipient is unpaid (DDU - delivery duty unpaid) in accordance with Incoterms 2000. The selection of the shipping company is at the seller's premises at all times and for all deliveries. Here, according to the dimensions, weight and pallet the respective, responsible transport company is selected.
All deliveries will be shipped by the seller as soon as possible and within a reasonable time.
Under no circumstances may the seller be held liable for any operating losses, lost profits or other indirect losses resulting from delivery delays. The liability of the seller for compensation for susceptible delays is limited in each case to the invoice amount of the order in question.
For pallet shipments an additional fee of 30, - Euro will be charged, while the fee for packages will be calculated by the corresponding price tables of the respective transport companies. See shipping information.
For all duty unpaid (DDU) shipments to countries outside the EU, the customs duty is in all respects a matter between the freight carrier and the buyer of the good (s).
Any customs duties or import taxes to countries outside the EU are not relevant to the seller.
4. Product Information
If product descriptions and operating instructions for a specific item are available, they will be delivered as part of the shipment by the seller, exclusively in German. Product description of this type or any other information about the purchased item will be provided solely as a service and the seller assumes no separate liability for the accuracy or accuracy of the same.
Our net prices, plus the applicable VAT / sales tax of the respective country by the purchaser, are non-binding, including without warranty, especially in relation to misprints. If this value falls below, we are free from our obligation to subsequent delivery. In the absence of an express declaration to the contrary, the seller reserves the right to change prices without prior notice, provided that these are linked to an increase in material prices, wages or any legal changes.
6. Payment / late payment
As a method of payment, we grant PayPal and advance transfer. If the purchaser does not pay or fails to pay in full by the agreed deadline, all our outstanding claims against the seller shall become due for payment. In case of - also partial - late payment we charge the legal default interest. In addition, our entire outstanding claims against the seller are due for payment. Furthermore, we may withhold all deliveries, or withdraw in full or in part from all existing (purchase) contracts with the seller, if the customer is in default of payments. Incidentally, in the event of default of payment by the buyer, the statutory provisions apply. Deductions for calculated shipping and packaging costs are not permitted.
Invoices for ordered items will only be sent by e-mail and will not be sent by post.
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 and without undue delay as soon as the buyer has discovered or discovered this defect. All complaints and claims of the buyer must be submitted in writing to the seller, accompanied by appropriate documentation. If the buyer fails to submit his complaint no later than five (5) days from the date of delivery, he loses the right to complain about defects in the items supplied. If the Buyer notices missing packages or transport damage to the items or packaging upon receipt of any duty unpaid or duty paid shipment (Incoterms 2000), he shall promptly notify the Freight Forwarder - for example by a note on the delivery note. At the same time, the seller must be informed of the delivery problems in order to reach an agreement on a new delivery or credit. The liability of the seller for defects is limited to a new delivery or any other remedy of the faulty defects. If the defects can not be remedied, the seller issues a corresponding credit note to the buyer. The buyer may only terminate the purchase if the defects have not been remedied within a reasonable period of time from the complaint date. In the case of a legitimate and defect-related termination, the buyer is only entitled to a refund of the purchase price valid at the time of conclusion of the contract if he makes the affected articles available to the seller in the same condition as he received them. There can be no additional claims against the seller. Please note in particular that the seller assumes no liability for operating losses, lost profits or other financial consequential damages.
In the case of damage to items intended for commercial use (commercial item damage), the seller is liable for defects in the items sold in accordance with the currently applicable product liability regulations. However, with the following exceptions:
The seller shall not be liable for any damage to property or inventory caused by a sold item, provided that it was already in the possession of the buyer at the time of the damage caused.
The seller accepts no liability for damage to products manufactured by the buyer, even if production is made by items supplied by the seller.
The seller assumes no liability for operating losses, lost profits or other indirect losses.
Liability under this provision is limited to the order value of the order.
The following applies to items intended for non-commercial use: For personal injury or damage to items resulting from defects in the items sold, the seller is liable in accordance with the currently applicable product liability regulations.
The above limitation of liability of the seller is not applicable if the product liability is due to gross negligence on the part of the seller.
If the seller becomes liable to third parties for the use of the purchaser of the delivered goods, the purchaser is obliged to reimburse the seller for any damages and losses that exceed the seller's liability to the purchaser in accordance with previous directives.
9. Force majeure
The seller is entitled to terminate concluded contracts without liability, provided that their fulfillment within a reasonable period of time proves to be impossible due to war, strikes, lockouts, other acts of God or political conditions independent of the seller. The same applies to delays or disruptions in deliveries by sub-suppliers. In such cases, the seller is not liable for damage to the buyer.
10. Sale of third parties Applications sold on third party websites
such as Ebay, Amazon, Dawanda or other are similar not accepted. Currently, we do not accept deals that are only sold on Facebook.
11. Legislation and case law In the first instance
all agreements between the parties in accordance with applicable Danish law must be settled by the District Court in Varde/Denmark.