TERMS OF SERVICE

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: www.opium-outlet.de and www.opium-outlet.com and www.vintageasia.eu are exclusively subject to these general terms and conditions of the seller. Differing terms and conditions of the buyer do not apply. Buyers can be end-users as well as commercial companies.

(a) A consumer is any natural person who concludes the legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.

(b) Entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.

2. Conclusion of a contract

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. By clicking the “Buy” button, you are placing a binding order for the goods in the shopping cart. The confirmation of the receipt of the order follows immediately after the order has been sent and does not yet constitute an 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 making purchases in the outlet shop, the purchase contract is only concluded when the buyer and seller agree to a declaration of intent.

3. Prices and terms of payment

The current prices at the time of the order/purchase with which the respective articles are labeled apply. All prices are gross prices including the statutory VAT. Purchases in the outlet shop are to be paid immediately in cash, by credit card, EC cash, or bank transfer. Payments for orders in the online shop or purchases by telephone are due before delivery of the goods by advance transfer, credit card, or EC cash.

4. Terms of delivery, shipping & transfer of risk

The delivery of the goods takes place within 5 working days to the address given by the buyer. Any additional costs resulting from the specification of incorrect addresses or default of acceptance or refusal, plus the shipping costs incurred, are borne by the buyer. The respective shipping costs and shipping modalities are agreed upon with the buyer before the contract is concluded and must be accepted by both buyer and seller.

a) The delivered goods are insured against damage or loss during delivery.

b) Please note that deliveries made by a forwarding agent 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 deliverer. Failure to file a complaint has no consequences for your statutory claims, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

c) If the delivery is made by a forwarding agent, the recipient will be notified by telephone prior to delivery. A delivery day is agreed upon with the notification so that the recipient can ensure that a person is present to accept the order on the corresponding delivery day. Delivery takes place on weekdays (Monday – Friday) during the shipping company’s business hours to free curbside. All special services such as time slots for delivery, delivery outside the above specified

The customer must agree with us in advance for times or on weekends as well as delivery to the point of use.

d) If the delivery is made by a parcel service provider, in the event of absence, either a second delivery attempt is made or the customer receives a written notification and the delivery can then be picked up at the service provider’s nearest parcel shop.

e) The seller points out that the risk of accidental loss and accidental deterioration of the goods sold for entrepreneurs as buyers with the handover of the goods to them or a person authorized to receive them, in the case of mail-order sales, however, with the delivery of the goods to a suitable transport person transforms.

f) In contracts with consumers, the risk of accidental loss and accidental deterioration of the goods sold is not transferred to the consumer until the goods are handed over to the consumer; thus also with the mail order purchase.

g) The risk of accidental loss and accidental deterioration of the goods sold is also transferred to the buyer if the buyer is in default of acceptance.

5. Cost-bearing agreement when exercising the right of withdrawal

If you make use of your right of cancellation, you will have to pay the regular costs of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if the price of the goods was higher at the time of cancellation have not yet made 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) In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in your commercial or independent professional activity, a legal entity under public law, or a special fund under public law, we reserve the ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

b) You are only entitled 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 arrears with any payment obligations towards us, all existing claims are due immediately.

7. Right of withdrawal, consequences & instruction

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

Right of withdrawal

You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or – if the item is given to you before the deadline expires – 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 delivery of similar goods, not before receipt of the first partial delivery) and also not before the 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 Clause 1 BGB in connection with Article 246 §3 EGBGB. Timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. 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

Consequences of cancellation

In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, you must compensate us for the value.

You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or deterioration is due to handling of the item that goes beyond checking the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop. 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 the goods ordered and if the price of the goods to be returned does not exceed an amount of € 40.00 or if you have not yet paid the consideration at the time of the cancellation if the price of the goods 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 reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation policy or the item, for us when we receive it.

End of revocation

8. Warranty Terms

a) In the case of goods that are shown on the Internet, slight deviations 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 represent a defect. Wood is a natural product that can show color differences and growth-related irregularities. Deviations 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, provided that these are in the nature of the materials used (solid wood, veneers, etc.) and are customary in the trade. Wood can change its volume, which can lead to warping, inaccuracies of fit, and the formation of cracks. Oiled surfaces can look uneven – especially with older or antique wooden objects that have been exported from Asia to Europe, warping, inaccuracies of fit and cracking occur relatively often due to the different climatic conditions on both continents. Such circumstances do not represent 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 article is bought by a consumer, his warranty claims expire one year after delivery of the goods to him. If a used item is bought by an entrepreneur, there are no warranty claims.

c) The easing of the statute of limitations and limitations of liability mentioned in 8 (b) above do not apply if the seller is liable according to 9 of these General Terms and Conditions or the real right of a third party on the basis of which the surrender of the delivery item can be demanded.

d) The seller does not provide any guarantee for a fault that has arisen as a result of improper repairs by the buyer or a third party not authorized by the seller.

e) Entrepreneurs must report obvious defects in writing within a period of two weeks from receipt of the goods using the contact details listed. Otherwise, the assertion of warranty claims is excluded. Timely dispatch of the notification of defects is sufficient to meet the deadline.

9. Liability provisions

a) According to the statutory provisions, the seller is fully liable for damage to life, limb, or health based on an intentional or negligent breach of duty as well as for other damage based on an intentional or grossly negligent breach of duty as well as malice. In addition, the seller is fully liable for damage that is covered by liability under mandatory statutory provisions with the Product Liability Act, as well as in the event of the assumption of guarantees.

b) The seller is liable for such damage that is not covered by 9 (a) and that is caused by simple or slight negligence, insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with them the customer can trust regularly (so-called cardinal obligations). However, the seller’s liability is limited to the foreseeable damage typical for the contract.

c) In the event of slightly negligent breaches of contractual obligations that are neither covered by 9 (a) nor 9 (b) of these terms and conditions (so-called insignificant contractual obligations), the seller is only liable to consumers in the event that the damage is typical for the contract acts.

d) Any further liability is excluded. Upon acceptance of the goods, the consumer is required to check the packaging for obvious transport damage. If there is obvious transport damage, this should be confirmed in writing by the logistics officer and reported to the seller. Item 8 of these general terms and conditions remain unaffected.

10. Applicable law, place of jurisdiction

The contract language is German in all cases.

a) Applicable law is the law of the Federal Republic of Germany. This only applies to consumers insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) do not apply.

b) The exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business, insofar as the buyer is a merchant, legal entity under public law, or special fund under public law.

c) In the event of slightly negligent breaches of contractual obligations that are neither covered by 9 (a) nor 9 (b) of these terms and conditions (so-called insignificant contractual obligations), the seller is only liable to consumers in the event that the damage is typical for the contract acts.

d) Any further liability is excluded. Upon acceptance of the goods, the consumer is required to check the packaging for obvious transport damage. If there is obvious transport damage, this should be confirmed in writing by the logistics officer and reported to the seller. Item 8 of these general terms and conditions remain unaffected.

10. Applicable law, place of jurisdiction

The contract language is German in all cases.

a) Applicable law is the law of the Federal Republic of Germany. This only applies to consumers insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) do not apply.

b) The exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business, insofar as the buyer is a merchant, legal entity under public law, or 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 place of residence or habitual residence of the entrepreneur 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 place of business of the seller.

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 effectiveness of the remaining terms and conditions. The ineffective or unenforceable provision is to 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.