General terms and conditions

Scope

These terms and conditions apply to all purchases made by private customers at Vintagen Garden Bonn. 

Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, as far as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity. 

Conclusion of contract

The presentation of our goods and the granting of the possibility to place an order represents a concrete offer on our part to conclude a purchase contract. 

By placing an order, you accept the offer and the purchase contract is concluded.

You will receive an order confirmation by e-mail to the e-mail address you provided. 

Prices 

The prices shown are final prices including VAT. The amount shown at the time of the binding order shall apply. 

Payment

Payment shall be made upon delivery by means of 

 – Payment upon pickup 

– Payment by PayPal 

– Payment on delivery

Default of payment

If you are in default of payment, Vintage Garden Bonn is entitled to demand interest on arrears in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. In the event that Vintagegarden Bonn has demonstrably incurred a higher damage caused by default, Vintagegarden Bonn is entitled to assert this.

Right of retention

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

(1) The delivery takes place to the delivery address given by the customer, within

            – Germany 
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform on the part of Vintage Garden Bonn is excluded. Amounts already paid will be refunded by Vintage Garden Bonn immediately.

(3) Vintagegarden Bonn may also refuse performance, insofar as this requires an effort that is grossly disproportionate to the customer’s interest in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid will be refunded immediately by Vintagegarden Bonn.

Retention of title

The delivered goods remain the property of Vintage Garden Bonn until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods. 

Defect Rights

(1) A product that is already defective upon delivery (warranty case) will be replaced by a defect-free product or professionally repaired by Vintage Garden Bonn at the customer’s option and at Vintage Garden Bonn’s expense (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:

a) in the case of damage caused to the customer by misuse or improper use,

b) in the case of damage caused by the products being exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in consideration of the product price, taking into account the content of the contract and the dictates of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer must be taken into account – the customer’s claim is limited to the respective other type of supplementary performance. The right of Vintagegarden Bonn to also refuse this other type of supplementary performance under the aforementioned condition remains unaffected. 

Liability

(1) In case of slight negligence, Vintage Garden Bonn shall only be liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the case of injury to life, body and health. Vintage Garden Bonn shall not be liable for other damages caused by slight negligence due to a defect of the object of purchase.

(2) Irrespective of a fault of Vintage Garden Bonn, a liability of Vintage Garden Bonn in case of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer’s warranty is a warranty of the manufacturer and does not represent an assumption of a warranty by Vintage Garden Bonn.

(3) Vintage Garden Bonn shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in case of timely delivery.

(4) The personal liability of the legal representatives, vicarious agents and employees of Vintage Garden Bonn for damages caused by them due to slight negligence is excluded. 

Applicable law

The contract concluded between you and Vintagegarden Bonn is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.

Place of jurisdiction

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Bonn. 

Dispute resolution

General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. 

Final Provisions

(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.