Terms of service

General Terms and Conditions (GTC) for the Sale of Goods

• 1 Scope of application

1. These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, Akyol & Arning GbR (AllAboutAntik GbR), Akin Akyol & Liam Simon Arning, Dreieichstraße 10, 64546 Mörfelden-Walldorf, +49 (0) 61053239919, info@allaboutantik.com (hereinafter "Seller" or "we") and you as our customer (hereinafter "Customer" or "you"). The version of the GTC valid at the time the contract is concluded shall apply.
2. We do not accept deviating terms and conditions of the Customer. This shall also apply if we do not expressly object to their inclusion.
3. The GTC apply both to consumers pursuant to section 13 BGB and to entrepreneurs pursuant to section 14 BGB.
4. The Customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
5. The version of the GTC valid at the time the contract is concluded shall apply.

• 2 Conclusion of contract

1. The presentation and advertising of goods in our online store do not constitute a binding offer to conclude a purchase contract.
2. You can select goods from our range, in particular Antiques, and collect them in a shopping cart by clicking the "Add to cart" button. By clicking on the button "order with obligation to pay" you submit a binding request to purchase the goods in the shopping cart. You can change and view the data at any time before submitting the order. However, the request can only be submitted and transmitted if you have accepted these terms and conditions by clicking on the "Accept terms and conditions" button and have thereby included them in your request.
3. We will then send you an automatic confirmation of receipt by e-mail, in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, we will send you the text of the contract (consisting of the order, GTC and order confirmation) on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
4. We can only accept orders for deliveries abroad with a minimum order value. The minimum order value can be found in the price information provided in our online store.

1. The contract is concluded in German.

• 3 Terms of delivery 

1. We are entitled to make partial deliveries insofar as this is reasonable for you.
2. Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, the delivery time is 3-5 days.
3. If no copies of the product you have selected are available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.
4. If the product designated by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation. 

• 4 Prices and shipping costs

1. All prices quoted in our online shop are gross prices, final prices including statutory sales tax and do not include shipping costs. 
2. If the goods offered are used items, antiques or collectors' items, taxation shall be in accordance with § 25a UstG (German VAT Act) differential taxation.
3. If we fulfill your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
4. If you effectively revoke your contractual declaration, you can demand reimbursement of costs already paid for shipping to you (shipping costs) subject to the statutory requirements.
5. The goods are dispatched by post. If you are a consumer, we bear the shipping risk.
6. In the event of a revocation of the purchase, you must bear the direct costs of the return shipment.

• 5 Terms of payment 

1. You can pay in our online store by invoice, credit card, or PayPal . Payment on account is only possible for new customers for their first order up to an order value of EUR 100.
2. You can change the payment method saved in your user account at any time.
3. The purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, you will be in default by failing to meet the deadline. In this case, you shall pay us default interest at a rate of 5 percentage points above the base rate for the year if you are a consumer. We may charge entrepreneurs default interest at a rate of 9 percentage points above the base rate.
4. The obligation to pay default interest does not exclude the assertion of further damages caused by default by us.

5. Stripe Payments

   We offer the option of payment via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. When paying via Stripe, we pass on the information you provide during the ordering process together with information about your order (name, address, account number, sort code, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 para. 1 lit. b GDPR. Your data will only be passed on for the purpose of payment processing with the payment service provider Stripe Payments Europe Ltd. and only to the extent that it is necessary for this purpose. You can find more information about Stripe's data protection at: https://stripe.com/de/privacy#translation

• 6 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

• 7 Warranty

1. We are liable for material defects or defects of title in delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code). The limitation period for statutory claims for defects is two years for new goods and begins with the delivery of the goods. If you are an entrepreneur, the warranty period for new goods delivered by us is 12 months. For used goods, the warranty period for consumers is reduced to one year; for entrepreneurs, the warranty period for used goods is excluded.
2. Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph (1). Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.

• 8 Liability

1. Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of material contractual obligations, the seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
3. The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
4. The limitations of liability resulting from paragraphs (1) and (2) shall not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

• 9 Data protection

You can find detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, in our privacy policy at: https://docs.google.com/document/d/1-kPpGYV5qem-VFiSO6MyUIcmZ6CRpXUvx8ts-h25s_c/edit?usp=sharing 

• 10 Copyrights

We hold the copyright to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.

• 11 Statutory right of withdrawal for consumers

Cancellation policy

• 12 European dispute resolution for consumers

1. We draw your attention to the online dispute resolution for consumers pursuant to Art. 14 (1) ODR-Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . Here you can enter into an out-of-court settlement of consumer disputes arising from online contracts.
2. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

• 13 Applicable law and place of jurisdiction

1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
2. If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
3. The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.