Cancellation policy

1. Please print the file.

2. Then fill out the file completely.

3. Then send us a scanned version to info@wintage.at

§ 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 stated delivery and shipping costs, unless there is no shipping charge exemption.

(2) There are no shipping costs within Austria and Germany for orders over €100

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

(3.1) PayPal

After choosing the PayPal or Google Pay payment option, the customer will be redirected to the website of the online payment service provider during or after the ordering process. In order to be able to pay the invoice amount, you must be registered there or first register, identify yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request the payment service provider to initiate the payment transaction.

The payment transaction is carried out automatically by the payment service provider immediately afterwards. You'll get more information during the ordering process.

(4) If the customer is an entrepreneur, the following applies: Regardless of whether a delivery is made by the seller, the customer or a third party, the risk passes to the customer as soon as loading begins or the customer is obliged to accept the delivery goods do not comply.

(5) The delivery time information can be found in the product descriptions. Unless specified, delivery takes place on average within 7 working days.

§ 4 Cancellation instructions for consumers

Consumers have a right of withdrawal in accordance with the following instructions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. 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 may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case 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 legal regulations apply to the customer's rights in the event of material and legal defects, unless otherwise specified below.

(2) If the customer is a consumer, the limitation period for claims for defects for used items is one year, with grossly negligent and intentional damages, as well as damages resulting from injury to life, body and health and damages resulting from a negligent breach of duty as well as damages due to a breach of essential contractual obligations are expressly not covered by the abbreviation of the statutory limitation period. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely. § 6 applies accordingly.

(3) If the customer is an entrepreneur, the following applies: The warranty for used items is excluded and the limitation period for further claims for defects is one year, with grossly negligent and intentionally caused damage as well as damage resulting from injury to life, body and health , which are based on a negligent breach of duty, as well as damages due to a breach of essential contractual obligations are expressly not covered by this regulation. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely. § 6 applies accordingly.

(4) In the event of fraudulent concealment of a defect or in the event of the assumption of a guarantee for the quality of the purchased item at the time of transfer of risk within the meaning of Section 444 of the German Civil Code (BGB) or if the item was used for a building in accordance with its usual use and caused its defect , the customer's rights are based exclusively on the legal provisions.

§ 6 Liability

(1) Liability is excluded for damages that occur to legal interests other than life, body or health, unless the damages are due to intentional or grossly negligent behavior on the part of the seller, one of its legal representatives or one of its vicarious agents nor is it a violation of essential contractual obligations. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.

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

§ 7 Retention of title

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

(2) If the customer is an entrepreneur:

(2.1) In the case of sales contracts, the goods delivered remain the property of the seller until all claims of the seller against the customer that have arisen for whatever legal reason, including claims that only become due in the future, have been settled.

(2.2) The customer hereby assigns the claims arising from the resale of the delivery item to the seller in the amount of the value of the delivery item with all ancillary rights. The customer is authorized to collect the claims. The seller's authority to collect the claims himself remains unaffected by this.

(2.3) At the customer's request, the seller undertakes to release securities of his choice if the realizable value of his securities exceeds 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 seller, he is entitled to dispose of the delivery item in the ordinary course of business and subject to retention of title, provided that the claims according to this paragraph (2.2) are effectively transferred to the seller. Extraordinary dispositions such as pledging, transfer of ownership as security and any assignment are not permitted. Access by third parties to the delivery item or to claims assigned to the seller, in particular seizures, must be reported to the seller immediately in writing.

(2.5) During the retention of title, the customer is generally entitled to possess and use the delivery item as intended. However, if the customer behaves in breach of contract - particularly if the customer is in arrears with his payments - the seller may, however, take the delivery item and revoke the authorization to collect the claims arising from the resale. The customer is obliged to hand it over - excluding any rights of retention. The customer bears all costs of return and recycling. The seller is entitled to sell privately. At the seller's request, the purchaser must immediately provide the seller with a list of the claims assigned to the seller in accordance with this paragraph (2.2) as well as all other information and documents necessary to assert the rights to which the seller is entitled and notify the debtors of the assignment.

(2.6) The customer must keep the delivery item in proper condition during the retention of title and carry out all maintenance and repair work provided by the seller immediately

Apart from emergencies, the work must be carried out by the seller or by a workshop recognized by the seller.

(2.7) The assertion of retention of title and the seizure of the delivery item by the seller do not constitute withdrawal from the contract.

§ 8 Final provisions

(1) The relationships between the contracting parties are governed by the law applicable in the Federal Republic of Germany, excluding the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, CISG). This choice of law only applies to a consumer to the extent that it does not restrict any mandatory legal provisions of the country in which he has his place of residence or habitual abode.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the action is filed.

(3) The contract language is German.

As of: June 29, 2023

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