Terms & Conditions
GENERAL TERMS AND CONDITIONS OF DESIGNER SECOND HAND VIENNA AND TERMS OF USE FOR THE DESIGNER SECOND HAND VIENNA WEBSITE
Designer Second Hand Vienna operates a shop for vintage fashion, designer and luxury secondhand goods. Designer Second Hand Vienna offers pre-owned items not only via the website www.designersecondhandvienna.com, but also via its shop at Gumpendorferstraße 10-12 in Vienna's 6th district.
The following General Terms and Conditions (“GTC”) apply to the use of the Designer Second Hand Vienna website provided in accordance with these GTC and govern the brokerage, representation, purchase and sale processes in connection with the use of the services of Designer Second Hand Vienna and the Designer Second Hand Vienna website.
By using the Designer Second Hand Vienna website (even outside of a purchase or sale process or preparation for a purchase or sale), the user agrees to these terms and conditions.
§ 1. Scope and General Provisions
(1) Subject to individual agreements, which take precedence over these General Terms and Conditions, the following General Terms and Conditions shall apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby rejected.
(2) A customer is a consumer if they conclude the contract for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. In contrast, 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
(1) The contract is concluded between Designer Second Hand Vienna / Ursula Wagner and the customer.
(2) The essential characteristics of the goods shall be set out in the respective product description provided by the seller.
(3) All offers in the seller's online shop merely constitute a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the customer's order has been received by the seller, the customer will receive a purchase confirmation, usually by email (purchase confirmation).
The ordering process in the seller's online shop works as follows:
- Add products to your shopping cart
- Go to checkout: Enter customer details:
- Enter customer data
- Choose shipping method
- Choose payment method
3. Click to buy with shop pay/order with obligation to pay
4. Purchase is complete
5. Shopify automatically sends an order confirmation email to the customer.
§ 3. Subject matter of the contract, quality, delivery, availability of goods
(1) The subject of the contract is the goods specified by the customer in the order and listed in the order confirmation at the final prices stated in the online shop. Errors and changes are reserved.
(2) The characteristics of the ordered goods are as described in the product descriptions in the online shop. Images on the website cannot accurately represent the products; in particular, colors may vary considerably for technical reasons. Images serve only as illustrative material and may differ from the actual product. Technical data, weight, dimensions, and performance specifications are as precise as possible but may exhibit standard commercial variations. The characteristics described herein do not constitute a defect in the products supplied by the seller.
(3) Due to the nature of the trade in used goods, the availability of goods can be disregarded, as these are exclusively individual items and only 1 item is available at a time.
§ 4. Delivery, Prices, Shipping Costs
(1) Shipping takes place no later than five days after receipt of payment. Delivery time depends on the country of order. Any differing delivery times will be indicated by the seller on the shipping information page (national & international). Delivery times for non-EU countries are generally slightly longer.
Designer Second Hand Vienna ships via postal service. We are not liable for delays caused by the shipping company and cannot be held responsible for them. Please understand that Designer Second Hand is a sole proprietorship, meaning I am not as spontaneous or flexible as a larger team. Therefore, I ask for your understanding and patience if shipping is delayed by a few days. I cannot always attend to orders immediately!
(2) As a reseller of used goods subject to differential taxation, no VAT is charged on the goods. The prices quoted are net prices and are passed on to the customer without VAT. The prices quoted are final retail prices plus shipping costs. The customer will receive an invoice indicating the application of differential taxation in accordance with Section 24 of the German VAT Act (UStG).
§ 5. Payment
Payment can be made by credit card (Visa, Mastercard), prepayment (PayPal, bank transfer) or instant bank transfer.
The buyer can choose from the displayed payment options. Designer Second Hand Vienna reserves the right to introduce additional payment options in the future or to discontinue existing ones. The buyer is advised that depending on the chosen payment method, additional costs (e.g., credit card fees) may apply, which are independent of Designer Second Hand Vienna.
§ 6. Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to report such defects to the delivery person immediately and to contact the seller as soon as possible (by telephone or email).
(2) Failure to make a complaint or contact the seller will not affect the customer's statutory warranty rights, but will help the seller to assert its claims against the carrier or transport insurance company.
§ 7. Warranty for Defects
(1) Since the goods are previously used, minor defects may be present or overlooked. All goods are cleaned and ironed to the best of our knowledge and belief; however, errors may occur and minor defects may be overlooked.
(2) Each item in the assortment is subjected to quality control and marked accordingly with its condition (new, as new, very good, good, acceptable).
(3) The respective condition is clearly indicated on the information label attached to the item and is thereby acknowledged by the customer. Returns are only possible if the quality certificate is still attached to the item.
(4) Complaints and warranty claims can be addressed to office@designersecondhand.com.
§ 8. Retention of title
The delivered goods remain the property of the seller until full payment has been received.
§ 9. Liability
The legal regulations apply.
§ 10. Contract text
The contract text is stored on the seller's internal systems. The customer can view the terms and conditions at any time in their customer account. The order details and the terms and conditions will be sent to the customer by email. For security reasons, the order details are no longer accessible online after the order has been completed.
§ 11. Final Provisions
(1) The language of the contract is German.
(2) Contracts between the seller and the customer are governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller shall be the seller's place of business. This also applies if the customer has no general place of jurisdiction in Austria or the EU, or if their domicile or habitual residence is unknown at the time the action is brought.