Terms of service

Scope
Formation of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Statutory Warranty)
Liability
Redemption of Promotional Vouchers
Governing Law
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Valentin Schneider, trading as "Vintagefeels." (hereinafter "Seller"), apply to all contracts for the supply of goods concluded between a consumer or business (hereinafter "Customer") and the Seller with respect to the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.

1.3 A business within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Formation of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve as an invitation to the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic order process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that completes the order process.

2.3 The Seller may accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the Customer has placed their order.

Where several of the aforementioned alternatives apply, the contract is formed at the time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer commences on the day following dispatch of the offer by the Customer and ends upon expiry of the fifth day following dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 Where a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or — if the Customer does not have a PayPal account — subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online order process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the order process.

2.5 When ordering via the Seller's online order form, the contract text will be stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted their order. The Seller will not make the contract text accessible beyond this.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on screen. The Customer can correct their entries during the electronic order process using the standard keyboard and mouse functions until they click the button that completes the order process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication are generally conducted by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is accurate, so that e-mails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties engaged by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, prices indicated are total prices inclusive of statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.3 Where a payment method offered via the PayPal payment service is selected, payment is processed via PayPal, which may also use the services of third-party payment service providers for this purpose. Where the Seller also offers payment methods via PayPal under which the Seller advances payment to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim to PayPal or to the payment service provider engaged by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider engaged by PayPal will carry out a credit check using the Customer's transmitted data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative assessment result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment instalments. In this case, the Customer can only make payment with debt-discharging effect to PayPal or the payment service provider engaged by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, withdrawal declarations and returns, or credits.

4.4 Where the payment method "Sofort" (Pay Now) is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofort", the Customer must hold an online banking account enabled for participation in "Sofort", authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer's bank account is debited. Further information on the "Sofort" payment method is available at https://www.klarna.com/sofort/.

4.5 Where a payment method offered via the "Shopify Payments" payment service is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods available via Shopify Payments will be communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use further payment services, to which special payment terms may apply and of which the Customer will be separately informed where applicable. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments-de.

4.6 Where a payment method offered via the "Klarna" payment service is selected, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions are available here:

https://lowcortisolclub/pages/payment-information

5) Delivery and Shipping Terms

5.1 Where the Seller offers delivery of goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing shall be decisive for the transaction. By way of exception, where PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs thereby incurred by the Seller. This shall not apply to outbound shipping costs where the Customer validly exercises their right of withdrawal. For return shipping costs in the event of a valid exercise of the right of withdrawal by the Customer, the provision set out in the Seller's withdrawal policy shall apply.

5.3 Where the Customer acts as a business, the risk of accidental loss or accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or entity designated to carry out the shipment. Where the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or to an authorised recipient. By way of exception, the risk of accidental loss or accidental deterioration of the sold goods passes to the Customer even in the case of consumers as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or entity designated to carry out the shipment, where the Customer has engaged the freight forwarder, carrier or other person or entity designated to carry out the shipment and the Seller has not previously named that person or entity to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only where the non-delivery is not attributable to the Seller and where the Seller has concluded a specific cover transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be notified without delay and any consideration already paid will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of Title

Where the Seller makes advance payment, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Statutory Warranty)

Unless otherwise provided by the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following shall apply to contracts for the supply of goods:

7.1 Where the Customer acts as a business,

the Seller has the choice of the type of subsequent performance;
the limitation period for defect claims in respect of new goods is one year from delivery of the goods;
defect claims in respect of used goods are excluded;
the limitation period does not recommence if a replacement delivery is made in the context of liability for defects.

7.2 The above limitations of liability and reductions of limitation periods do not apply

to claims for damages and reimbursement of expenses by the Customer,
where the Seller has fraudulently concealed the defect,
to goods used in accordance with their customary purpose for a structure and which have caused its defectiveness,
to any existing obligation of the Seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 Furthermore, in respect of businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 Where the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 Where the Customer acts as a consumer, they are requested to notify the carrier of any obvious transport damage to delivered goods and to inform the Seller accordingly. Failure to do so shall have no effect on the Customer's statutory or contractual warranty claims.

8) Liability

The Seller's liability to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tortious claims, is as follows:

8.1 The Seller is liable without limitation on any legal ground

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body or health,
on the basis of a guarantee, unless otherwise provided in that regard,
on the basis of mandatory statutory liability, such as under the Product Liability Act.

8.2 Where the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for contracts of this type, unless unlimited liability applies pursuant to the foregoing provision. Material contractual obligations are obligations which the contract imposes on the Seller by its nature in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and statutory representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") may only be redeemed in the Seller's online shop and only within the stated period.

9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction follows from the content of the Promotional Voucher.

9.3 Promotional Vouchers may only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher may be redeemed per order.

9.5 Where the Promotional Voucher relates to a specific monetary value rather than a percentage discount, the value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

9.7 The balance of a Promotional Voucher will neither be paid out in cash nor accrue interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part using the Promotional Voucher in exercise of their statutory right of withdrawal.

9.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.

10) Governing Law

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer is habitually resident.