Terms and Conditions

General Terms and Conditions (GTC)

§ 1 Validity
(1) The General Terms and Conditions (GTC) are an integral part of the contract between the customer and Wintageluxury GmbH, Jasomirgottstraße 4/7a, 1010 Vienna, Austria (hereinafter referred to as the "Seller"), which are concluded via the Seller's website. Deviating terms and conditions of the Customer are not 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 initially place the products in the shopping cart without obligation and correct their entries before submitting their binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, which completes the ordering process, the customer places a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been submitted.
The seller can cancel the offer by
- a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive,
- deliver the ordered goods, whereby the date of receipt by the customer is decisive,
- after or at the time of his order.
A payment request also exists if the customer is given bank details, is asked to enter credit card details or is forwarded to a payment service provider.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned acceptance alternatives occurs first.
2 The contract text will be saved by the seller and sent to the customer by email along with the included 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 exemption from shipping costs.
(2) 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 selecting the payment option PayPal or Google Pay, the customer will be redirected to the online payment service provider's website during or after the ordering process. To pay the invoice amount, you must be registered there or first register, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we instruct the payment service provider to initiate the payment transaction.
The payment transaction will be processed automatically by the payment service provider immediately afterward. You will receive further instructions during the ordering process.
(4) If the customer is an entrepreneur, the following shall apply: Regardless of whether delivery is made by the seller, by the customer or by a third party, the risk shall pass to the customer as soon as loading has begun or the customer fails to fulfil his obligation to accept the goods.
(5) Delivery times are specified in the product descriptions. Unless otherwise stated, delivery will generally take place within 7 working days.

§ 4 Cancellation policy for consumers
Consumers have a right of withdrawal in accordance with the following information, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must notify us ( Wintageluxury GmbH, Jasomirgottstraße 4/7a, 1010 Vienna, Austria (E-mail: info@wintage.at) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Cancellation form

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§ 5 Warranty
(1) The statutory provisions shall apply to the customer’s rights in the event of material and legal defects, unless otherwise provided below.
(2) If the customer is a consumer, the following applies: The limitation period for claims for defects in used goods is one year. Damages resulting from gross negligence and intent, as well as damages resulting from injury to life, limb, or health, damages resulting from a negligent breach of duty, and damages resulting from the breach of essential contractual obligations are expressly not covered by the shortening 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 may regularly rely. Section 6 applies accordingly.
(3) If the customer is an entrepreneur, the following applies: The warranty for used goods is excluded, and the limitation period for further claims for defects is one year. Damages resulting from gross negligence and intent, as well as damages resulting from injury to life, limb, or health, damages resulting from a negligent breach of duty, and damages resulting from a breach of essential contractual obligations are expressly not covered by this provision. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. Section 6 applies accordingly.
(4) In the event of fraudulent concealment of a defect or in the event of a guarantee being given 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 has been used for a building in accordance with its usual purpose and has caused its defectiveness, the customer's rights shall be governed exclusively by the statutory provisions.

§ 6 Liability
(1) Liability for damages to legal interests other than life, body or health is excluded unless the damage is due to intentional or grossly negligent conduct on the part of the seller, one of its legal representatives or one of its vicarious agents and the conduct does not constitute a breach of essential contractual obligations. Essential contractual obligations are those obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
(2) This exclusion of liability shall not apply to claims under the Product Liability Act, to the extent that a defect was fraudulently concealed or a guarantee of quality 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 delivered goods remain the property of the Seller until all claims of the Seller against the Customer, regardless of the legal basis, including claims of the Seller that only become due in the future, have been settled.
(2.2) The Customer hereby assigns to the Seller the claims arising from the resale of the delivery item in the amount of the value of the delivery item, including all ancillary rights. The Customer is authorized to collect the claims. The Seller's authority to collect the claims itself remains unaffected.
(2.3) The Seller undertakes to release securities of its choice at the Customer’s request, provided that the realisable value of its securities exceeds the sum of its claims arising from the business relationship by more than 10%.
(2.4) As long as the Customer fulfills its obligations to the Seller, it is entitled to dispose of the delivery item in the ordinary course of business and subject to retention of title, provided that the claims are effectively transferred to the Seller in accordance with this paragraph (2.2). Extraordinary dispositions such as pledges, assignments by way of security, and assignments of any kind are prohibited. Access by third parties to the delivery item or to the claims assigned to the Seller, in particular attachments, must be notified to the Seller immediately in writing.
(2.5) During the retention of title period, the customer is generally entitled to possession and proper use of the delivery item. However, in the event of breach of contract by the customer – in particular in the event of default in payment – the seller is entitled to take possession of the delivery item and revoke the authorization to collect the claims from the resale. The customer is obliged – excluding any rights of retention – to surrender the goods. All costs of return and disposal shall be borne by the customer. The seller is entitled to sell the goods privately. At the seller's request, the customer 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 seller's rights, and notify the debtors of the assignment.
(2.6) The Customer shall keep the delivery item in proper condition during the retention of title period and shall have all maintenance and repair work required by the Seller carried out promptly - except in emergencies - by the Seller or by a workshop approved by the Seller.
(2.7) The assertion of the retention of title and the seizure of the delivery item by the Seller shall not be deemed to be a withdrawal from the contract.

§ 8 Final provisions
(1) The relationship between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). In relation to a consumer, this choice of law shall apply only to the extent that it is not contrary to mandatory statutory provisions of the state in which the consumer has his or her domicile or habitual residence.
(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 shall be the Seller's registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is unknown at the time the action is filed.
(3) The contract language is German.

As of: February 1, 2022
(4) The EU Commission provides a platform for out-of-court dispute resolution. The platform can be accessed via the external link https://ec.europa.eu/consumers/odr. Our email address in this context is: info@wintage.at