General Terms and Conditions (GTC) and Customer Information
§ 1 Scope and Provider
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "customer") with the provider via the online shop placivintage. (2) The provider and contractual partner of the customer is: Roan Ciccarese Marie-Juchacz-Straße 5 45659 Recklinghausen Germany Phone: 01779096283 Email: placivintage@gmail.com
(3) A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB - German Civil Code).
§ 2 Conclusion of Contract
(1) The product descriptions contained in the provider's online shop do not constitute binding offers on the part of the provider but serve to allow the customer to make a binding offer. (2) The customer can submit the offer via the online shopping cart system integrated into the provider's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process ("Buy" / "Order with obligation to pay"). (3) The provider can accept the customer's offer within two days by sending the customer a written order confirmation or a confirmation in text form (email) or by delivering the ordered goods.
§ 3 Prices, Shipping Costs, and Payment Terms
(1) The prices stated by the provider are final prices. According to § 19 UStG (small business regulation), no sales tax is levied or shown. (2) For deliveries, additional delivery and shipping costs apply, which are specified separately in the respective product description and during the ordering process. (3) The customer has the payment options indicated in the provider's online shop (e.g., credit card, Klarna, Apple Pay) available.
§ 4 Delivery and Shipping Conditions
(1) Goods are delivered by shipment to the delivery address specified by the customer, unless otherwise agreed. (2) If the transport company returns the shipped goods to the provider because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal or if they are not responsible for the circumstances that led to the impossibility of delivery.
§ 5 Right of Withdrawal
Consumers generally have a statutory right of withdrawal. Further information on the right of withdrawal can be found in the provider's separate withdrawal policy.
§ 6 Retention of Title
The goods remain the property of the provider until full payment of the purchase price.
§ 7 Special Provisions for Used Goods / Liability for Defects (Warranty)
(1) Statutory liability for defects applies, unless otherwise stipulated in the following provisions. (2) Special note on used and vintage goods: The offered items are used clothing (second-hand / vintage). Typical, age-related signs of use and wear, which are mentioned in the respective product description or are visible on the product images, do not constitute a material defect. (3) For used goods, the limitation period for claims for defects is one year from the delivery of the goods to the customer. The reduction of the warranty period to one year only applies if the customer was specifically informed of this reduction before submitting their contractual declaration and the reduction was expressly and separately agreed upon in the contract (e.g., by checking a box during the checkout process).
§ 8 Liability
The provider is liable to the customer for all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses, including tortious claims, as follows: (1) The provider is liable without limitation for any legal reason in cases of intent or gross negligence, intentional or negligent injury to life, body, or health, and due to mandatory liability, such as under the Product Liability Act. (2) If the provider negligently breaches an essential contractual obligation (so-called cardinal obligation), liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the preceding paragraph. (3) Otherwise, the provider's liability is excluded.
§ 9 Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
§ 10 Information on Alternative Dispute Resolution
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 contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.