Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

Section 1 – Basic Provisions

  1. The following Terms and Conditions apply to contracts concluded between you and us as the provider (Kevin Maiwald) via the website https://vintageforest.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.

  2. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.

    An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

Section 2 – Conclusion of the Contract

  1. The subject matter of the contract is the sale of goods.
  2. By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.

  3. The contract is concluded via the online shopping cart system as follows:

    The goods intended for purchase are placed in the “Shopping Cart”.

    You may access the “Shopping Cart” via the corresponding button in the navigation bar and make changes there at any time.

    After clicking the button “Checkout” or “Proceed to Order” (or similar designation) and entering your personal data as well as payment and shipping information, the order details will be displayed to you as an order overview.

    If you use an instant payment system (e.g. PayPal Express, PayPal Plus, PayPal Checkout, Amazon Pay, SOFORT, giropay), you will either be directed to the order overview page in our online shop or redirected to the website of the payment service provider.

    If a redirection takes place, you must make the corresponding selection or enter your data there.

    Finally, the order details will be displayed to you either on the website of the instant payment provider or after you are redirected back to our online shop.

    Before submitting the order, you have the opportunity to review the information again, modify it (including by using your browser’s “Back” function), or cancel the order.

    By submitting the order via the corresponding button (“Order with obligation to pay”, “Buy”, “Buy Now”, “Place Order”, “Pay”, “Pay Now” or similar designation), you legally declare acceptance of the offer, whereby the contract is concluded.

  4. Your inquiries regarding the preparation of an offer are non-binding.

    We will provide you with a binding offer in text form (e.g. by email), which you may accept within 5 days unless another acceptance period is specified in the offer.

  5. Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email.

    You must therefore ensure that the email address you have provided is correct, that emails can be received technically, and that delivery is not prevented by spam filters.

Section 3 – Special Provisions Regarding Payment Methods

(1) Payment via SOFORT / Instant Bank Transfer

If you select SOFORT / Instant Bank Transfer as your payment method, payment processing is carried out by SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (“SOFORT”).

SOFORT GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden).

Use of SOFORT requires an online banking account activated for this service.

During the ordering process, you must authenticate yourself and confirm the payment instruction to SOFORT.

Your bank account will be debited immediately after the order has been placed.

Further information regarding SOFORT can be found at:

https://www.klarna.com/sofort/

(2) Payment via Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer the following payment options. Payment is made directly to Klarna:

Invoice (“Pay Later”)

Installment Purchase (“Financing”)

Direct Debit (“Pay Now”)

Credit Card

The use of invoice payment, installment purchase, and/or direct debit is subject to a positive credit assessment.

For this purpose, we transfer your data to Klarna during the initiation and processing of the purchase transaction for address verification and creditworthiness assessment.

Please understand that we can only offer those payment methods that are permitted based on the results of the credit assessment.

Further information about Klarna and Klarna’s terms of use can be found on Klarna’s official websites for Germany and Austria.

Section 3 – Special Provisions Regarding Payment Methods (continued)

(3) Payment via PayPal / PayPal Checkout

If you select a payment method offered through “PayPal” or “PayPal Checkout”, payment processing is carried out by the payment service provider:

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg

The individual payment methods available through PayPal are displayed under the corresponding button on our website and during the online ordering process.

For payment processing, PayPal may use additional payment services. Where special payment conditions apply, you will be informed of these separately.

Further information about PayPal can be found at:

https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

(4) Payment via Mollie

If you select a payment method offered through “Mollie”, payment processing is carried out by:

Mollie B.V.
Keizersgracht 313
1016 EE Amsterdam
The Netherlands

The individual payment methods available through Mollie are displayed under the corresponding button on our website and during the online ordering process.

For payment processing, Mollie may use additional payment services. Where special payment conditions apply, you will be informed of these separately.

Further information about Mollie can be found at:

https://www.mollie.com

(5) Payment via Stripe

If you select a payment method offered through “Stripe”, payment processing is carried out by:

Stripe Payments Europe Limited
1 Grand Canal Street Lower
Grand Canal Dock
Dublin D02 H210
Ireland

The individual payment methods available through Stripe are displayed under the corresponding button on our website and during the online ordering process.

For payment processing, Stripe may use additional payment services. Where special payment conditions apply, you will be informed of these separately.

Further information about Stripe can be found at:

https://stripe.com

Section 4 – Right of Retention, Retention of Title

(1)

You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2)

The goods remain our property until full payment of the purchase price has been made.

(3)

If you are an entrepreneur, the following shall additionally apply:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full.

Prior to the transfer of ownership of the reserved goods, pledging or transferring them as security is not permitted.

b) You may resell the goods in the ordinary course of business.

In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value. We accept this assignment.

You remain authorized to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the event that the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods compared to the other processed items at the time of processing.

d) We undertake to release securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%.

The selection of the securities to be released shall be at our discretion.

Section 5 – Warranty

(1)

The statutory warranty rights for defects shall apply.

(2)

Provided that you have been informed of this prior to submitting your contractual declaration and this has been expressly and separately agreed, the limitation period for defect claims concerning used goods shall be one year from delivery of the goods.

The above limitation shall not apply:

  • to damages attributable to us resulting from injury to life, body, or health;
  • to other damages caused intentionally or through gross negligence;
  • where we have fraudulently concealed a defect;
  • where we have assumed a guarantee for the quality of the goods.

(3)

As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier as soon as possible of any complaints.

Failure to do so shall not affect your statutory warranty rights.

(4)

If a characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and if the deviation was expressly and separately agreed between the contracting parties.

(5)

If you are an entrepreneur, the following provisions shall apply in deviation from the warranty regulations above:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods. Other advertising statements, public promotions, and statements made by the manufacturer shall not be considered agreed characteristics of the goods.

b) In the event of defects, we shall provide warranty service at our discretion either by repair or replacement delivery.

If the remedy of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract.

The remedy of defects shall be deemed unsuccessful after the second unsuccessful attempt unless the nature of the goods, the defect, or other circumstances indicate otherwise.

In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport corresponds to the intended use of the goods.

c) The warranty period shall be one year from delivery of the goods.

This reduction of the limitation period shall not apply:

  • to damages attributable to us resulting from injury to life, body, or health;
  • to other damages caused intentionally or through gross negligence;
  • where we have fraudulently concealed a defect;
  • where we have assumed a guarantee regarding the quality of the goods;
  • to goods that have been used for a building in accordance with their customary purpose and have caused the building’s defectiveness;
  • to statutory recourse claims arising from defect rights which you may have against us.

Section 6 – Applicable Law

(1)

German law shall apply.

For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn (principle of favorability).

(2)

The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

II. Customer Information

1. Identity of the Seller

Kevin Maiwald
Sperberstraße 7
84051 Essenbach
Germany

Phone: +49 151 68164837

Email: maiwald1kevin@gmail.com

Alternative Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at:

https://ec.europa.eu/odr

2. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the options for correcting input errors are governed by the provisions under “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language and Storage of Contract Text

3.1

The contract language is German.

3.2

We do not store the complete contract text.

Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically.

After receipt of the order, the order data, the legally required information for distance selling contracts, and these General Terms and Conditions will be sent to you again by email.

3.3

For requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, for example by email.

You may print or save this information electronically.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Terms

5.1

The prices stated in the respective offers as well as the shipping costs represent total prices.

They include all price components, including all applicable taxes.

5.2

Shipping costs are not included in the purchase price.

They can be accessed via a corresponding button on our website or within the respective offer, are displayed separately during the ordering process, and must be borne by you in addition to the purchase price unless free shipping has been expressly offered.

5.3

Any costs incurred for the transfer of funds (bank transfer fees or exchange rate fees charged by financial institutions) shall be borne by you in cases where delivery is made to an EU Member State but the payment was initiated outside the European Union.

5.4

The payment methods available to you are displayed under a correspondingly designated button on our website or in the respective offer.

5.5

Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract shall be due immediately.

6. Delivery Conditions

6.1

The delivery conditions, delivery dates, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2

If you are a consumer, statutory law provides that the risk of accidental loss or accidental deterioration of the sold goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured.

This shall not apply if you independently commission a transport company not designated by the seller or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment shall be at your own risk.

7. Statutory Liability for Defects

Liability for defects is governed by the provisions under “Warranty” in our General Terms and Conditions (Part I).

These General Terms and Conditions and Customer Information have been prepared by legal professionals specializing in IT law on behalf of Händlerbund and are continuously reviewed for legal compliance.

Händlerbund Management AG guarantees the legal security of these texts and assumes liability in the event of legal warnings (Abmahnungen).

Further information can be found at:

https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service