Terms and Conditions

§ 1 Validity

(1) The General Terms and Conditions (GTC) are part of the contracts concluded between the customer and Offerupstore GmbH, Wagramerstraße 46/39, 1220 Vienna (hereinafter referred to as “Seller”), which are concluded via the seller’s website. Differing conditions from the customer will not be recognized unless the seller expressly agrees to their validity in writing.

(2) Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.

§ 2 Conclusion of contract

(1) The contract is concluded via the website as follows: The customer can first place the products in the shopping cart without obligation and correct his entries before sending his binding order by using the correction aids provided and explained in the ordering process. By clicking on the order button that completes the ordering process, the customer places a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order occurs immediately after sending.

The seller can accept the offer by contacting the customer

• a written order confirmation or an order confirmation sent in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive,

• delivers the ordered goods, whereby receipt by the customer is decisive,

• requests payment after or upon submission of the order.

A payment request also occurs when the bank details are communicated to the customer, the customer is asked to enter credit card details or the customer is forwarded to a payment service provider.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives to acceptance occurs first.

2. The contract text is saved by the seller and is sent to the customer by email along with the general terms and conditions.

§ 3 Prices, payment, delivery

(1) The prices stated are final prices, i.e. including statutory VAT and plus the delivery and shipping costs communicated, unless there is no shipping charge exemption.

(2) Fall within Austria and Germany
No shipping costs for orders over €100

(3) The payment options are limited to
Payment in advance via PayPal, GooglePay or credit card and further on
Options mentioned on the seller's website.

(3.1) PayPal

Your choice of PayPal or Google Pay
The customer will have the option to pay during or after the ordering process
Redirected to the website of the online payment service provider. To the
To be able to pay the invoice amount, you must be registered there
first register, legitimize with your access data and the
Confirm payment instructions to us. Request after placing the order in the shop
we ask the payment service provider to initiate the payment transaction.

The payment transaction is carried out by the
Payment service provider automatically carries out immediately afterwards. More
You will receive information during the ordering process.

(4) If the customer is an entrepreneur:
Regardless of whether a delivery is made by the seller, by the customer or
is carried out by third parties, the risk is transferred to the customer as soon as the
Loading has begun or the customer is not obliged to accept the goods
complies.

(5) The delivery times can be found at
Product descriptions. Unless specified, delivery will take place
on average within 7 working days.

§ 4 Cancellation instructions for consumers

Consumers have a right of withdrawal
to the following instructions, whereby a consumer is any natural person who is a
Conducts legal transactions for purposes that are predominantly neither commercial
can still be attributed to their independent professional activity.

Right of withdrawal

Right of withdrawal

You have the right to do so within fourteen days
State reasons for revoking this contract. The cancellation period is
fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us (Offerupstore GmbH, Wagramerstraße 46/39, 1220 Vienna, email: info@wintage.at) by means of a clear statement (e.g. a letter sent by post, fax or email). inform you of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the low-cost standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.

For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

We can refuse the repayment until we have received the
have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You have the goods immediately and in any case
to be returned or handed over to us no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

 § 5 Warranty

(1) The rights of the customer in the event of material and legal defects apply
the legal regulations, unless otherwise specified below
is.

(2) If the customer is a consumer: The limitation period applies
for defect claims for used items is one year, roughly
negligent and intentional damages, as well as damages arising from the
Injury to life, body and health and damage resulting
a negligent breach of duty, as well as damages due to a
Violation of essential contractual obligations, expressly not by the abbreviation
the statutory limitation period is covered. Essential contractual obligations
are obligations whose fulfillment ensures the proper implementation of the
The contract is made possible in the first place and the customer is obliged to comply with it
can regularly be trusted. § 6 applies accordingly.

(3) If the customer is an entrepreneur: The warranty applies
for used items is excluded and the limitation period for other items
Claims for defects last for one year, with gross negligence and willful intent
Damage caused, as well as damage resulting from injury to life and body
and health, damage resulting from a negligent breach of duty
as well as damages due to a breach of essential contractual obligations
are expressly not covered by this regulation. Essentials
Contractual obligations are those obligations whose fulfillment is proper
Implementation of the contract is made possible in the first place and compliance with it
the customer can regularly trust. § 6 applies accordingly.

(4) In the event of fraudulent concealment of a defect or in
In the event that a guarantee is given for the quality of the purchased item
at the time of transfer of risk within the meaning of §444 BGB or if the item
was used for a building in accordance with its usual use
and its defectiveness is determined by the rights of the customer
exclusively in accordance with the legal provisions.

§ 6 Liability

(1) For damage to legal interests other than life,
Liability for physical or health reasons is excluded insofar as this is the case
Damages are not due to intentional or grossly negligent behavior
Seller, one of its legal representatives or one of its
Vicarious agents are based and the behavior does not violate
essential contractual obligations. These are essential contractual obligations
Obligations, the fulfillment of which ensures the proper execution of the contract
made possible in the first place and the customer regularly ensures that they are adhered to
can trust.

(2) This exclusion of liability does not apply to claims under
affected by the Product Liability Act, a defect is fraudulently concealed
or a quality guarantee was given.

§ 7 Retention of title

(1) The goods remain the property of the customer until full payment has been made
seller.

(2) If the customer is an entrepreneur:

(2.1) In the case of sales contracts, the delivered goods remain the property of the
Seller until everyone is compensated, for whatever legal reason
accrued claims, including claims that only become due in the future
seller against the customer.

(2.2) The costs arising from the resale of the delivery item
The customer now assumes any resulting claims in the amount of the value of the
delivery item with all ancillary rights to the seller. The customer is
authorized to collect the claims. The seller's authority to do so
Collecting claims yourself remains unaffected by this.

(2.3) The seller undertakes to do so at the request of the customer
To release securities at his discretion, insofar as the realizable value of his
Collateral increases the sum of his claims from the business relationship by more
than 10%.

(2.4) As long as the customer fulfills his obligations towards the
If the seller complies, he is entitled to have control over the delivery item
in the ordinary course of business and subject to retention of title, insofar as the
Claims under this paragraph (2.2) are effectively transferred to the seller.
Extraordinary dispositions such as pledging, transfer of title as security and
any assignment is not permitted. Access by third parties to the delivery item
or to claims assigned to the seller, in particular seizures,
must be communicated to the seller immediately in writing.

(2.5) During the retention of title, the customer is
basically for the possession and intended use of the delivery item
justified. If the customer behaves in breach of contract - especially if the
If the customer is in arrears with his payments, the seller can
However, take delivery of the delivery item and authorize the collection of the goods
claims arising from the resale can be revoked. The customer is -
excluding any rights of retention – obliged to hand it over.
The customer bears all costs of return and recycling. The seller
is authorized for private sale. The buyer has to contact the seller
whose request is immediately provided with a list of the requirements in accordance with this
Paragraphs (2.2) and all claims assigned to the seller
further to assert the rights to which the seller is entitled
to provide the necessary information and documents and to the debtors
to indicate assignment.

(2.6) The customer has the delivery item during the
Retention of title to be kept in proper condition and all of the
Maintenance and repair work provided by the seller immediately -
except for emergencies caused by or by the seller
to have it carried out by a recognized workshop.

(2.7) The assertion of the retention of title as well as the
Seizure of the delivery item by the seller does not constitute withdrawal
from the contract.

§ 8 Final provisions

(1) The relationships between the contracting parties are regulated
in accordance with the law applicable in the Federal Republic of Germany, excluding
UN Sales Convention (United Nations Convention on Contracts for the International
Sales of Goods, CISG). This choice of law only applies to a consumer
insofar as this does not impose any mandatory legal provisions of the state,
in which he has his domicile or habitual abode
become.

(2) If the customer is a merchant, a public legal entity
Legal or public law special funds are more exclusive
The place of jurisdiction for all disputes arising from this contract is the registered office of
seller. The same applies if the customer does not have a general place of jurisdiction
Germany has or is domiciled or habitually resident at the time of
The filing of the lawsuit is not known.

(3) The contract language is German.

As of: June 29, 2023

(4) The
The EU Commission provides a platform for out-of-court dispute resolution
ready. The platform is under the external link
https://ec.europa.eu/consumers/odr available.