Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Noah Naber) via the website
secondvintage.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can
be predominantly attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person
or a legal partnership who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods.
(2) Already by placing the respective product on our website, we make a binding offer to you for the conclusion of a contract via the online
shopping cart system under the conditions stated in the item 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 can access the "shopping cart" via the corresponding button in the
navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will be
displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as the payment method, you
will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the appropriate selection or entry of your data there.
Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you
have been redirected back to our online shop.
Before sending the order, you have the option to review, change (also via the "back" function of the internet browser) or cancel the order in
the order overview.
By sending the order via the corresponding button ("order with obligation to pay" or similar designation), you declare your legally binding
acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which
you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried
out partly automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of
e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Contract Duration / Termination of Subscription Contracts
(1) The subscription contract concluded between you and us has the agreed term. If the contract is not terminated 3 weeks before the end
of the contract (unless a different period is stipulated in the respective offer) by one of the parties in text form (e.g. e-mail), it will be tacitly
extended by the agreed basic term. If the basic term is more than one year, the contract will only be extended by one year each time.
(2) The right to terminate for good cause without notice remains unaffected by this.
§ 4 Individually designed goods
(1) You provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or
by e-mail at the latest immediately after conclusion of the contract. Our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark
rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also applies to the
costs of legal representation required in this context.
(3) We do not check the transmitted data for content accuracy and do not assume any liability for errors in this respect.
§ 5 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options.
Payment is made to Klarna each time:
Invoice: The payment period is 14 days from the dispatch of the goods/ticket/or, for other services, the provision of the service. The full
invoice terms and conditions for the countries in which this payment method is available can be found here: Germany, Austria.
Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
Credit card (Visa/Mastercard): Available in Germany and Austria. The debit is made after the goods or tickets have been dispatched / the
service is available or, in the case of a subscription, according to the communicated times.
The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect,
we forward your data to Klarna during the initiation of the purchase and the processing of the purchase contract for the purpose of address
and creditworthiness checks. Please understand that we can only offer you the payment methods that are permissible based on the results
of the credit check.
Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal
data will be treated by Klarna in accordance with the applicable data protection regulations and as described
Further information about Klarna can be found here. The Klarna App can be found here.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 7 Warranty
(1) Statutory liability rights for defects exist.
(2) For used goods, claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. If the defect
becomes apparent within one year from delivery of the goods, claims for defects can be asserted within the statutory limitation period of two
years from delivery of the goods. The above limitation does not apply:
- for damages culpably caused by us from the injury to life, body or health and for other damages caused intentionally or by gross
negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.
(3) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage
and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
§ 8 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of
the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the seller
Noah Naber
Römerberg 1
61203 Reichelsheim
Germany
Phone: 016099764676
Email: mail@secondvintage.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in
accordance with the provisions "Formation of the Contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be
printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required
information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g.
by e-mail, which you can print out or save 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 modalities
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including
all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly designated button on our
website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping
has been agreed.
5.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs
duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4. Costs incurred for money transfers (bank transfer or exchange rate fees of credit institutions) are to be borne by you in cases where
delivery is made to an EU member state, but payment was initiated outside the European Union.
5.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment
immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date 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, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment
only passes to you upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you
have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. Contract term / Termination
Information on the contract term and the termination conditions can be found in the "Contract duration / Termination of subscription contracts"
provision in our General Terms and Conditions (Part I), as well as in the respective offer.
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are
permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event
of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.
Last updated: 27.10.2020