Terms & Conditions
§ 1 Scope and Objective
Our terms and conditions shall apply to contracts between us, Only/Once Shop, owner: Filip Triner (“Supplier”) and the individual customer (“Customer”, together with the Supplier, the “Parties” or individually the “Party”) for the purchase of products offered through the Supplier’s website http://www.onlyonceshop.com.
These contracts regard the purchase of used vintage and antique goods. For details on the individual goods the Customer is referred to the description of the good on the respective webpage.
§ 2 Parties
Contracting party on the Supplier’s side is Only/Once Shop, owner: Filip Triner, address: Senftenauerstr. 161, 80689 Munich, Germany, tax-number: 148/159/61197.
§ 3 Conclusion of Contract
(1) The contract is concluded electronically via the online shop set up on the Supplier’s webpage http://www.onlyonceshop.com.
(2) The publication of goods on offer on the Supplier’s webpage constitutes an invitatio ad offerendum, i.e. an invitation to the Customer to make an offer for purchase. Any purchase order by the Customer thereby constitutes an offer to purchase goods from the Supplier. The offer shall be deemed accepted on the earlier of:
a. an acceptance of the purchase order being issued by the Supplier in writing or via email; or
b. any act by the Supplier in accordance with the fulfillment of the purchase order; or
c. the completion of the payment via PayPal.
(3) No document forwarded by the Supplier to the Customer after the purchase order has been issued shall be construed to constitute a counter-offer unless specifically stated otherwise.
(4) A legally binding purchase order is sent after completing the following steps:
a. Choose product and click on “Add to cart"
b. Go to your cart to view subtotal and click on "Checkout"
c. On Checkout enter billing information, choose payment method, approve Terms and Conditions, see your subtotal, and choose "Order".
(5) The Customer is bound to the offer for a period of five days. The order confirmation mail sent out to the Supplier does not constitute the acceptance of that offer but merely confirms that the purchase order has been submitted successfully. The offer shall be deemed accepted on the earlier of:
a. a separate confirmation email of the purchase offer being accepted by the Supplier; or
b. any act by the Supplier in accordance with the fulfillment of the purchase order.
(6) Alternatively, the Customer may select the Button “Quote” during checkout. After clicking the button “Quote”, a message will be send to the Supplier requesting a specific offer in respect to the goods and destination selected by the Customer. The Supplier may then make a legally binding offer to the Customer. The Supplier is bound to that offer for a period of five days. The contract will be entered into as soon as the Customer specifically accepts the offer of the Supplier.
(7) The terms and details of each contract will be saved and stored by the Supplier. The details of each purchase order will be sent to the Customer in the purchase order confirmation email.
§ 4 Prices and Conditions of Payment
(1) All prices are final prices and do not include value added taxes (VAT) as the Supplier is a small entrepreneur (Kleinunternehmer) under Sec. 19 German Value Added Tax Act and is thereby exempted from charging VAT.
(2) All prices are in Euros and all payment must be made in Euros. All prices pertain to a single item unless specifically stated otherwise.
(3) All prices of individual items are displayed without shipping costs. Depending on the shipment destination selected by the Customer, additional costs may be shown in the relevant section before the final purchase order is submitted or will be send to the Customer via email before a legally binding purchase order has been submitted. If the Customer has a right to revoke the contract and in case such right is exercised, the Customer must bear the return costs.
(4) The Customer may select one of the following payment methods:
a. Advance payment
The invoice amount is to be paid in advance after receipt via email of the invoice containing or relevant information about the payment to be made.
b. Payment service provider (PayPal)
Payments via PayPal are conducted using the services of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The payment service provider allows the Supplier and the Customer to process the payment among one another by forwarding the payment by the Customer to the Supplier. Further information on the services of PayPal and PayPal’s terms and conditions can be found here: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.
(5) Other methods of payment are currently not accepted.
(6) All payments must be made immediately upon purchase. Goods will not be sent without full payment having been received by the Supplier. The statutory regulations concerning the consequences of default in payment shall apply.
(7) The Customer has the duty to immediately report to the Supplier any inaccuracies in the provided or specified payment data.
(8) The customer shall have a right of retention regarding only those counter-claims that are undisputed or that have been recognized by declaratory judgment or that are linked synallagmatically with the principal claim of the Supplier unless the counter-claim relates to a breach of material contractual obligations by the Supplier. If the Customer is deemed a business in the sense of Section 14 of the German Civil Code (BGB), the Customer may exercise a right of retention only if the counterclaim is based on the same contractual relation.
§ 5 Retention of Title and further Reservations
(1) Until full payment has been made formal ownership of the goods remains with the Supplier.
(2) If the Customer is deemed a business in the sense of Sec. 14 of the German Civil Code (BGB), formal ownership of the goods remains with the Supplier until all claims by the Supplier against the Customer have been settled, even when the individual good has already been paid for.
(3) If the Customer is deemed a business in the sense of Sec. 14 of the German Civil Code (BGB), he already assigns all claims against his customers arising from contracts aimed at the sale or purchase of the goods of the Supplier as security.
(4) If the value of the security exceeds the claims of the Supplier against the Customer arising from the current business relationship by more than 20 % in all, the Supplier shall be obligated at the request of the Customer to release securities due to him at his discretion.
§ 6 Delivery Conditions
(1) The goods will be dispatched as soon as full payment has been received. Pending special circumstances, dispatching will be initiated at the latest within 3 days of having received full payment. The time required to deliver the goods to the Customer’s desired destination depends on the shipping method selected as well as the location of the desired destination and the distance to Supplier’s place of business. Shipping within Germany may take up to 7 business days.
(2) If the Supplier has stated delivery periods and they have been made the basis of the placing of the order, the delivery periods shall be extended, in the case of measures during labor disputes, in particular strikes and lockouts, as well as in the case of the occurrence of unforeseen obstacles which are outside the Supplier’s sphere of influence, for the duration of that delay. The same reasonable adjustment to delivery times will be made if the Customer fails to fulfil duties of co-operation in good time.
(3) If the Customer is deemed a business in the sense of Sec. 14 of the German Civil Code (BGB), liability for accidental loss or damages shall transfer to the Customer with transfer of possession to the Customer or, in the case of dispatched goods, with transfer of possession to the selected provider of delivery services.
§ 7 Liability, Representations and Warranty
(1) Consumers in the sense of Sec. 13 of the German Civil Code possess rights for defects of the goods according to the provisions in the German Civil Code. Insofar as the parties deviate from those provisions in accordance with the law, the principles set forth in these terms and conditions shall apply.
(2) All liability for defects of used goods is subject to a limitation period of 1 year.
(3) If the Customer is deemed a consumer in the sense of Sec. 13 of the German Civil Code, he or she must notify the Supplier of any obvious defects which are only visible at later time within a term of two weeks following identification in writing accompanied by an error report. Should the defects not be reported accordingly within the mentioned period, all rights for defects shall be lost except for such cases in which the Supplier has maliciously concealed such defects or has offered a warranty for the condition of the goods.
(4) If the Customer is deemed a business in the sense of Sec. 14 of the German Civil Code, all liability for defects of the goods will be limited to a maximum period of 1 (one) year after formation of the contract.
(5) The Supplier does not offer any formal warranties in the legal sense.
§ 8 Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Only/Once Shop, owner: Filip Triner, address: Senftenauerstr. 161, 80689 Munich, Germany, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, Only/Once Shop, owner: Filip Triner, address: Senftenauerstr. 161, 80689 Munich, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form:
(complete and return this form only if you wish to withdraw from the contract)
- I/We () hereby give notice that I/We () withdraw from my(or)our () contract of sale of the
following goods ()/for the provision of the following service (*),
Ordered on ()/received on (),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
§ 9 Exclusion of Liability
(1) Claims for damages by the Customer shall be excluded subject to the exceptions set forth in the following provisions. The exclusion of liability applies also to claims for damages brought forward by the Customer against vicarious agents or representatives of the Supplier. The exclusion of liability does not apply in cases of statutory obligatory liability, especially in cases involving the Supplier’s intentional or grossly negligent breach of duty. It also does not apply in cases of an intentional or grossly negligent breach of duty of a vicarious agent or representative of the Supplier. The exclusion of liability also does not apply in the event of injury to life, limb and health of the Customer or in the event of a material breach of contractual obligations, which reasonably must be performed to achieve the objective of the contract. All other liability for damage of whatever nature (including consequential damages, lost profits, lost savings, and damage due to business stagnation or other stagnation) is excluded.
(2) All products comply in normal use with the requirements that can be reasonably expected at the time of delivery.
(3) All original brands, labels and other markings on the products should be disregarded.
(4) All products, including those originally designed for outdoor use, are to be used indoors only.
(5) The Supplier is in no way liable for the purpose and installation of the products delivered to the Customer. To that extent, amongst others, the Supplier does not provide any guarantee. The Supplier recommends that all electrical products be installed and certified by a qualified electrician or otherwise be only used as decoration. The liability for damages caused by operating electrical functions of products in violation of the aforementioned recommendation is excluded, subject to the exceptions in (1).
§ 10 Intellectual Property
(1) All intellectual property rights regarding texts, images, designs, databases, photos and other images, formats, software, brands (including domain names) and other materials regarding the Website of the Supplier or shown thereon are reserved by the Supplier, its licensors or contractors, manufacturers of products and/or third parties to whom the Supplier may not be affiliated.
(2) The user of the website may not make the website or parts thereof in any way or form available to third parties or reproduce the website or parts thereof other than by downloading and viewing on a single computer or printing a copy without prior written consent by the Supplier.
(3) The website may contain references (e.g. through a hyperlink, banner or button) to third party websites. The Supplier has no control over these websites and is not responsible for the content of such websites.
§ 11 Jurisdiction and applicable Law
(4) The Law of the Federal Republic of Germany shall exclusively apply to all legal relations between the Customer and the Supplier unless consumer protection rules in the Customer’s home country or country of permanent residence offer superior consumer protection (Art. 6 VO [EG] 593/2008). The applicability of the United Nations Sales Convention shall be excluded. These stipulations shall also apply if the Customer is a foreigner or its registered office is located abroad.
(5) Place of performance for all contractual obligations is the Supplier‘s registered office, unless required otherwise by statutory provisions.
(6) All disputes shall be settled before a competent court at the location of the Supplier’s registered office in Germany unless another legal venue is mandatory under statutory law. The Supplier reserves the right to bring an action against the Customer at its general legal venue.
§ 12 Data Protection
During the process of arranging the purchase, forming and performing the contract and rescission of the contract governed by these terms and conditions, the Supplier collects, stores and processes personal information and data. All actions involved in doing so are fully compatible with statutory provisions. No personal data of the Customer will be forwarded to any third party, unless the Supplier is required to do so by law or the Customer has specifically agreed to the forwarding of data. When using the services of any third party to perform any of the obligations of the contract or when using the services of any third party to ensure the performance of the contract, personal data transfers by the Supplier to any such third party are fully compatible with the provisions of the German Federal Data Protection Act. The personal data provided by the Customer during the purchase process will be collected, stored and processes solely for the purpose of contacting the Customer in respect to the performance of the contract or for the purposes expressly agreed upon by the Customer. Data will be forwarded to the provider of delivery services only when and insofar as necessary to ensure delivery of the goods to the Customer. Payment information will be forwarded to the payment service chosen by the Customer during the purchase process. Insofar as the Supplier is subject to statutory data storage requirements, the data may be stored up to 10 (ten) years. The Supplier collects anonymous data about customers visiting the webpage of the online store. Neither is it intended nor is it possible to make any conclusions regarding personal data from the anonymous data collected during the visits. The anonymous data includes the IP-address, date, time, browser-type, operating system and visited pages on the Supplier’s webpage. Personal data will be deleted, altered or blocked in accordance with the statutory requirements upon request by the customer. Customers have the right to obtain a full, free of charge disclosure on the personal data of the customer collected, stored and processed by the Supplier. For questions and requests regarding the deletion, alteration or blocking of personal data, customers may contact: Only/Once Shop, Filip Triner, Senftenauerstraße 161, 80689 München, Germany, firstname.lastname@example.org.
§ 13 Changes to these Terms and Conditions
Changes to these terms and conditions may be made by the Supplier in the event of amendments to relevant legislation, changes in the relevant jurisprudence or a significant change to the economic circumstances. In cases of continuing obligation, the Supplier will inform the Customer at least four weeks prior to any changes coming into effect. If the customer does not object to the alteration of the terms and conditions within two weeks after having been notified of the alteration, the alteration shall be deemed accepted
§ 14 Implementation of the Directive on Alternative and Online Dispute Resolution
Online Dispute Resolution according to Art. 14 para. 1 EU Directive 2013/11: The European Commission provides a platform for alternative and online dispute resolution, which can be found here: http://ec.europa.eu/consumers/odr/.