Terms of service

§1 - Validity of deliveries, offers and sales exclusively on the basis of the following conditions

These General Terms and Conditions shall become an integral part of all contracts.

For entrepreneurs, these General Terms and Conditions shall also apply to all future business relationships, even if the General Terms and Conditions are not expressly agreed again.

Conflicting general terms and conditions or deviating counter-confirmations shall only be recognized if Vintage Chronos Germany GbR expressly confirms them in writing.

The customer is a consumer insofar as the purpose of the ordered goods and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§2 - Offer, acceptance and contract

Written and verbal offers are subject to change and non-binding, even if they are not marked as such. The offers of Vintage Chronos Germany GbR on the Internet are to be understood as an invitation to submit an offer in accordance with the German Civil Code (BGB).

A purchase contract between the customer and Vintage Chronos Germany GbR is only concluded if Vintage Chronos Germany GbR confirms the customer's order in writing or by e-mail together with sending the GTC. By paying the purchase price, the buyer again expressly confirms that he has read and accepted the GTC.

§3 - Acceptance period, delayed acceptance and indemnification of the customer

According to § 146 ff. BGB, the customer's order expires if it is rejected by Vintage Chronos Germany GbR or not accepted in time. Vintage Chronos Germany GbR must confirm the customer's offer within a period of seven days from receipt of the offer. If this deadline is not met by Vintage Chronos Germany GbR, no valid purchase contract is concluded and the customer is released from his binding request.

If Vintage Chronos Germany GbR only confirms an order from the customer after the aforementioned deadline has expired, this does not constitute a purchase contract, as the customer is released by the earlier expiry of the deadline. The delayed order confirmation is to be understood as a new order and can be accepted or rejected by the customer. Acceptance of the offer must be declared within a period of seven days. Otherwise the contract shall be deemed not to have been concluded.

§4 - Right of withdrawal according to § 145 BGB

The applicant is bound by his application in accordance with the statutory provisions.

§5 - Right of withdrawal of the consumer - Cancellation policy

If the customer is a consumer and has concluded a contract with the provider using exclusively means of distance communication, in particular by telephone, e-mail or via the provider's website, he is entitled to revoke his declaration of intent to conclude the contract within fourteen days without giving reasons. The period begins at the earliest on the day after receipt of the goods if the consumer has already received this revocation instruction in text form at this time. To exercise your right of withdrawal, you must contact us,

Vintage Chronos Germany, Hohenzollernring 85-87, 50672 Cologne
E.Mail: info@vintagechronos-germany.de.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal - If the customer has withdrawn from the contract, Vintage Chronos Germany shall reimburse all payments received from the customer, including the costs of delivery (with the exception of the supplementary costs resulting from the customer's choice of a type of delivery other than the least expensive type of standard delivery offered by Vintage Chronos Germany), without undue delay and in any event not later than 14 days from the day on which Vintage Chronos Germany is informed about the customer's decision to withdraw from this contract. For this repayment, Vintage Chronos Germany will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will Vintage Chronos Germany charge the customer any fees for this repayment.

Vintage Chronos Germany may refuse repayment until Vintage Chronos Germany has received the goods back or the customer has provided proof that the goods have been returned, whichever is the earlier. The customer must return or hand over the goods to Vintage Chronos Germany immediately and in any case within fourteen days at the latest from the day on which Vintage Chronos Germany was informed of the revocation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer shall bear the direct costs of returning the goods. If the customer is unable to return the goods received in whole or in part or only in a deteriorated condition, he must pay compensation for the loss in value, even if the deterioration is due to the intended use of the goods. The reduction in value may correspond to the total purchase price. This does not apply if the deterioration of the goods is solely due to their inspection - as would have been possible in a store, for example. In addition, the obligation to pay compensation for a deterioration in value caused by the intended use of the goods can be avoided if the buyer does not use the goods as if they were your property and refrains from doing anything that could impair their value.

Sample withdrawal form:

(If you wish to withdraw from the contract, please complete this form and return it to us).

- To [the name, address and e-mail address of the entrepreneur must be inserted here by the entrepreneur]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date

(*) Delete as appropriate."

End of the withdrawal policy

§6 - Right of withdrawal on the part of Vintage Chronos Germany GbR

In the event of unforeseen delivery bottlenecks or delivery problems or comparable delivery problems for which Vintage Chronos Germany is not responsible, Vintage Chronos Germany will inform the buyer immediately. In this case, Vintage Chronos Germany expressly reserves the right to withdraw from the purchase contract.

If the purchase price confirmed in writing or by e-mail by Vintage Chronos Germany GbR is not credited to the account of Vintage Chronos Germany GbR within a period of two weeks after sending the written or e-mail purchase price confirmation due to a fault of the buyer, Vintage Chronos Germany may declare its withdrawal from the purchase contract in accordance with the statutory provisions instead of asserting the purchase price claim. Any claim for damages on the part of Vintage Chronos Germany remains unaffected by the exercise of the right of withdrawal. In the event of withdrawal, any subsequent payments made by the customer in excess of a justified claim for damages or justified claim for compensation must be reimbursed immediately.

§7 - Prices and shipping costs

All prices published verbally or in writing are non-binding. Errors and short-term price changes are always reserved. All prices are quoted in EURO.

All prices stated on the provider's website include the applicable statutory value added tax.

Unless otherwise agreed, Vintage Chronos Germany GbR will ship the ordered goods free of charge within Germany. We will cover the costs of postage, packaging, shipping and insurance for you.

In the case of cross-border deliveries, further taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may have to be paid by the buyer in individual cases, but not to Vintage Chronos Germany, but to the customs or tax authorities responsible there.

§8 - Delivery

Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify Vintage Chronos Germany and the carrier of any complaints as soon as possible. The buyer's warranty claims remain unaffected by this.

If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold during shipment shall only pass to the buyer when the goods are handed over, irrespective of whether the shipment is insured or uninsured.

If the buyer is not a consumer, delivery and shipment shall be at the buyer's risk.

The goods will only be shipped to the specified delivery address after the seller has received the full purchase price and the shipping costs.

All binding delivery deadlines require express written confirmation. Partial deliveries are permissible. Vintage Chronos Germany GbR shall not be responsible for delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible, such as strikes, operational disruptions, official orders, difficulties in procuring materials, etc., even if they occur at the supplier, even in the case of bindingly agreed deadlines and dates.

The acceptance of the ordered and delivered goods is an obligation of the buyer. If the buyer refuses or fails to accept the goods, the buyer is in default of acceptance. After a renewed and also failed delivery attempt, Vintage Chronos Germany GbR reserves the right to demand 20% of the order value as compensation, subject to proof of any higher damages.

§9 - Terms of payment

The goods are delivered by bank transfer, direct debit, check or cash. The choice of payment method is made in consultation with Vintage Chronos Germany GbR. Furthermore, another payment method (advance payment, bank-confirmed check) can also be agreed upon with Vintage Chronos Germany GbR. Payment shall only be deemed to have been made when the amount to be paid has been irrevocably credited to the account of Vintage Chronos Germany GbR.

If the customer is in default of payment, Vintage Chronos Germany GbR is entitled to demand interest of up to 5 percentage points above the respective discount rate of the Deutsche Bundesbank or the key rate of the European Central Bank. The assertion of further damages caused by default remains expressly reserved.

§10 - Retention or offsetting

The customer is only entitled to withhold or offset partial amounts if a counterclaim with which the customer wishes to offset has been legally established or has been recognized in writing by Vintage Chronos Germany GbR.

§11 - Retention of title

The goods remain the property of the seller until the purchase price has been paid in full.

If the buyer is an entrepreneur, the following shall apply in addition:

The seller retains title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.

The buyer may resell the goods in the ordinary course of business.
In this case, the buyer hereby assigns all claims in the amount of the invoice amount arising from the resale to the seller accepting the assignment. The buyer is further authorized to collect the claim. However, if he does not properly fulfill his payment obligations, the seller reserves the right to collect the claim himself.

If the goods subject to retention of title are combined and mixed, the seller shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

The seller undertakes to release the securities to which he is entitled at your request to the extent that the realizable value of the seller's securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on the seller.

§12 - Warranty

The statutory regulations apply.

In the case of used goods, the warranty period shall be one year from delivery of the goods, in deviation from the statutory regulation. The one-year warranty period shall not apply to culpably caused damage attributable to the seller resulting from injury to life, limb or health and grossly negligent or intentionally caused damage or fraudulent intent on the part of the seller, as well as in the case of recourse claims in accordance with §§ 478, 479 BGB.

If the Buyer is an entrepreneur, the following shall apply in deviation from § 12 (1):

Only the Seller's own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

The Buyer shall be obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify the Seller in writing of any obvious defects within 7 days of receipt of the goods; timely dispatch shall suffice to meet the deadline. This shall also apply to hidden defects discovered at a later date.

The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.

In the event of defects, the seller shall, at his discretion, provide warranty by repair or replacement. If the rectification of defects fails twice, the buyer may, at his discretion, demand a reduction in price or withdraw from the contract. In the case of rectification of defects, the seller does not have to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.

The warranty period is one year from delivery of the goods. § Section 12 (2) sentence 2 shall apply accordingly.

§13 - Limitations of liability

A liability of Vintage Chronos Germany for slightly negligent breaches of duty is excluded if no essential contractual obligations, i.e. obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the buyer regularly relies, damages resulting from injury to life, body or health, guarantees for the quality of the object of purchase or claims under the Product Liability Act are affected. The same applies to corresponding breaches of duty by the vicarious agents of Vintage Chronos Germany. Liability is limited to the damage that must be expected for a typical contract. The limitation of liability does not extend to intent and gross negligence.

§14 - Place of performance, place of jurisdiction

The place of performance for all services arising from the business relationship with the Seller and the place of jurisdiction shall be Aachen, provided that the Buyer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.

In principle, the law of the Federal Republic of Germany applies

§15 - Final provisions

Should a clause in these General Terms and Conditions or a provision within the framework of other contractual agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. § Section 306 BGB shall apply accordingly. The parties hereby undertake to agree on a provision in this case that comes closest to the original legal and economic intention.

All amendments, supplements, rescissions or deviating agreements in the General Terms and Conditions must be made in writing to be effective. This also applies to the waiver of the written form requirement itself.