Conditions

General terms and conditions of business

1. Scope

These terms and conditions apply to all purchases and orders from Heinz Werner Textil-Aussenhandel & Vertriebs GmbH, Opium Outlet department, hereinafter referred to as “Seller”. All contractual relationships between the seller and the buyer, both in the outlet shop and via the websites: https://opium-outlet.de/ and www.opium-outlet.com and https://vintageasia.eu/ and https: //vintageasia.myshopify.com is subject exclusively to these Seller Terms and Conditions. Differing terms and conditions of the buyer do not apply. Buyers can be both end consumers and commercial companies.
(a) A consumer is any natural person who concludes the legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
(b) An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. By clicking on the "Buy" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by email or by delivering the goods within five days. When purchasing in the outlet shop, the purchase contract is only concluded when the buyer and seller agree.

3. Prices and payment terms

The current prices for the respective items at the time of ordering/purchasing apply. All prices are gross prices including statutory VAT. Purchases in the outlet shop must be paid immediately in cash, by credit card, EC cash or advance bank transfer. Payments for orders in the online shop or purchases over the phone are due before the goods are delivered by bank transfer, credit card or EC cash.

4. Delivery conditions, shipping & transfer of risk

The goods will be delivered within 2-10 working days to the address specified by the buyer. Any additional costs that may arise due to the provision of incorrect addresses or delay in acceptance or refusal, plus the resulting shipping costs, will be borne by the buyer. The respective shipping costs and shipping modalities will be agreed with the buyer before the contract is concluded and must be accepted by the buyer and seller.
a) The delivered goods are insured against damage or loss during delivery.
b) Please note that deliveries made by a shipping company are only delivered to the curb. We ask you to check the condition of the goods immediately upon receipt. In the event of transport damage, please have the matter recorded directly and in the presence of the delivery person. Failure to make a complaint has no consequences whatsoever for your legal claims, particularly your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
c) If the delivery is made by a shipping company, the recipient will be notified by telephone before delivery. When notified, a delivery day is agreed so that the recipient can ensure that a person is present to accept the order on the corresponding delivery day. Delivery takes place on working days (Monday - Friday) during the shipping company's business hours, free to the curb. All special services such as time slots for delivery, delivery outside of those stated above
The customer must agree with us in advance at times or on weekends as well as delivery to the free place of use.
d) If the delivery is made by a parcel service provider, if the customer is not present, either a second delivery attempt will be made or the customer will receive a written notification and the delivery can then be picked up from the service provider's nearest parcel shop.
e) The seller points out that for entrepreneurs as buyers, the risk of accidental loss and accidental deterioration of the goods sold arises when the goods are handed over to themselves or to a person authorized to receive them, whereas in the case of mail order purchases, the risk is when the goods are delivered to a suitable transport person transforms.
f) In contracts with consumers, the risk of accidental loss and accidental deterioration of the goods sold always only passes to the consumer when the goods are handed over to the consumer; This also applies to mail order purchases.
g) The risk of accidental loss and accidental deterioration of the goods sold passes to the buyer even if the latter defaults on acceptance.

5. Agreement to bear costs when exercising the right of withdrawal

If you exercise your right of withdrawal, you will have to pay the regular costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if the price of the item is higher at the time of cancellation have not yet provided the consideration or a contractually agreed partial payment. Otherwise, the return is free for you.

6. Retention of title

The extended retention of title applies to the entire business relationship.
a) For consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
b) You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
c) If the customer is in default with any payment obligations to us, all existing claims become due immediately.

7. Right of withdrawal, consequences & instructions

According to the provisions of distance selling law, consumers (§13 BGB) have a right of withdrawal with regard to purchased goods in accordance with the following instructions:

Right of withdrawal

You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 §2 in conjunction with §1 paragraph 1 and 2 EGBGB as well as our obligations according to §312g paragraph 1 sentence 1 BGB in conjunction with Article 246 §3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in a timely manner. The revocation must be sent to:

Heinz Werner Textil-Aussenhandel & Vertriebs GmbH
Opium Outlet
Wollbacher Str. 31
97654 Bastheim-Braidbach (Germany)
Tel.: +49 (0) 9773 / 1424
Fax: +49 (0) 9773 / 5033
Email: info@opium-outlet.de and/or info@hw-fashions.de

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits derived (e.g. interest). If you are unable to return or return the received service and benefits (e.g. usage advantages) or only partially or only in a deteriorated condition, you must pay us compensation.
You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond checking the properties and functionality. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed €40.00 or if you have not yet received the consideration at the time of cancellation if the price of the item is higher or have made a contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your cancellation policy or the item, and for us when we receive it.
End of revocation

8. Warranty conditions

a) For goods shown on the Internet, minor differences in color and surface quality cannot be completely avoided. The seller's website shows images of the goods that are as true to the original as possible. Such deviations do not constitute a defect. Wood is a natural product that may have color differences and growth-related irregularities. Differences in structure and color between parts of a piece of furniture or accessories compared to other pieces of furniture or accessories made of the same material are reserved, as long as these are due to the nature of the materials used (solid woods, veneers, etc.) and are customary in the trade. Wood can change its volume, which can lead to distortions, inaccuracies and cracks. Oiled surfaces can look uneven - especially with older or antique wooden objects that were exported from Asia to Europe, warping, inaccuracies and cracks occur relatively often due to the different climatic conditions on both continents. Such circumstances do not constitute a defect and therefore do not entitle the customer to assert warranty rights.
b) The limitation period for defects in new goods is two years from delivery of the goods for the rights of a consumer and one year from delivery of the goods for the rights of an entrepreneur. If a used item is purchased by a consumer, his warranty claims expire one year after the goods are delivered to him. If a used item is purchased from an entrepreneur, there are no warranty claims.
c) The limitation of limitations and liability limitations mentioned above in 8 (b) do not apply if the seller is liable according to 9 of these General Terms and Conditions or if it concerns the real right of a third party on the basis of which the return of the delivery item can be demanded.
d) The seller provides no liability for a defect caused by improper repair by the buyer or a third party not authorized by the seller.
e) Entrepreneurs must report obvious defects in writing using the contact details listed within two weeks of receipt of the goods. Otherwise the assertion of warranty claims is excluded. To meet the deadline, it is sufficient to send the notification of defects in a timely manner.

9. Liability provisions

a) In accordance with legal provisions, the seller is fully liable for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty as well as for other damages that are based on an intentional or grossly negligent breach of duty or fraud. In addition, the seller is fully liable for damages that are covered by liability under mandatory legal regulations with the Product Liability Act, as well as in the event of the assumption of guarantees.
b) The seller is liable for damages that are not covered by 9 (a) and that are caused by simple or slight negligence, insofar as this negligence concerns the violation of contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and for their compliance the customer can regularly trust (so-called cardinal obligations). However, the seller's liability is limited to foreseeable damages typical of the contract.
c) In the event of slightly negligent violations of such contractual obligations that are not covered by either 9 (a) or 9 (b) of these General Terms and Conditions (so-called non-essential contractual obligations), the seller is only liable to consumers if the damage is foreseeable as is typical for the contract acts.
d) Any further liability is excluded. When accepting the goods, the consumer is required to check the packaging for any obvious transport damage. If there is obvious transport damage, this should be confirmed in writing by the logistics representative and reported to the seller. Point 8 of these general terms and conditions remains unaffected.

10. Applicable law, place of jurisdiction

The contract language is German in all cases.
a) The applicable law is the law of the Federal Republic of Germany. This only applies to consumers to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods) do not apply.
b) The exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business if the buyer is a merchant, a legal entity under public law or a special fund under public law.
c) If a buyer as a consumer does not have a general place of jurisdiction in Germany or if the entrepreneur's place of residence or habitual residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract is also the seller's place of business.

11. Final provisions

If one or more provisions of these general terms and conditions are or become ineffective or unenforceable, this does not affect the validity of the rest of the terms and conditions. The ineffective or unenforceable provision must be replaced by one that comes closest, economically and legally, to what the parties intended with the original provision. This also applies to any contractual loopholes.