/ToS
ToS 2017-12-11T20:50:54+00:00

1. General information 

a)
The following General Terms and Conditions apply to all business relations between us,

Vecchio Anseatico
Steffen Ingwersen
Burgstr. 42
20535 Hamburg
Germany
Phone: +49 (0)40 22863171
E-Mail: info@vecchioanseatico.com
EU-VAT-No: DE815687634

and the customer. The version applicable at the time the contract is concluded shall be the definitive version.

b)
Our online shop is available in one language (English).

2. Conclusion of the contract

a)
Our offers are subject to confirmation and non-binding. Our presentation of goods on the internet is not a legally binding offer, but a non-binding invitation for the customer to order. Technical and other changes in shape, colour, size or weight are reserved, within reasonable limits.

b)
To order our goods, the customer places our products, with no obligation, in the shopping basket. Before submitting a binding order the necessary order forms must be completed truthfully. At the end of the ordering process an overview of the data specified by the customer, as well as the contents of the shopping basket is displayed. This data should be checked and, if necessary, corrected by the customer.

c)
By clicking on the “Submit Order” button the customer submits a legally binding order for the goods contained in the basket. Receipt of your order is confirmed by email after the order is sent, but does not constitute an acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within three (3) days. A binding contract may also be made prior to this, as follows:
– for payments by PayPal with the request for payment that you receive from us.

d)
We save the text of the contract and send you the order information and our terms and conditions via email. You may also view and download the terms and conditions on this page at any time. Placed orders and ordering information can be viewed at any time by the customer in his password-protected customer account.

e)
We may, without stating reasons, refuse to accept orders and refuse to conclude a purchase contract. If we will not be processing an order, we will notify the customer immediately.

f)
The language of the order and of the contract is English.

3. Retention of title 

a)
We retain ownership of the goods delivered by us until full payment of the purchase price for the goods concerned.

b)
The customer is obliged to handle the goods with care during the retention period.

4. Fees 

a)
The offered price is binding. All prices are final prices stated in Euro, incl. the statutory rate of value-added tax and other price components. Shipping and shipping costs are also added as set out in our price list.

b)
For all orders that are not delivered within the customs territory of the European Union, the statutory rate of VAT is automatically deducted during the payment process. Duties or local taxes may apply to deliveries to a country outside the customs territory of the European Union. Any applicable duties and/or local taxes shall be borne by the buyer.

c)
For deliveries within Germany, the customer can choose to pay by PayPal.

d)
Deliveries to foreign countries can be paid for PayPal.

e)
If the customer defaults on payment or if a chargeback/back transfer arises, we reserve the right to assert default damages (such as collection fees, overdue fines, interest on late payments, chargeback fees).

5. Dispatch and transfer of risk 

a)
We may specify the carrier at our reasonable discretion. As a rule, this is usually the logistics provider DHL. Exceptions can be made at any time and without prior notice. Unless otherwise agreed, the delivery shall be to the delivery address specified by the buyer.

b)
If the client is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods transfers to the customer at the time the goods were delivered to the customer or the customer defaulted on acceptance. In all other cases, the risk is transferred when the goods are delivered to the customer by the carrier.

6. Warranties and guarantees 

a)
Unless otherwise agreed, statutory warranty rights shall apply.

7. Limitations of liability and exemptions 

a)
We assume unlimited liability for claims due to damages caused by us, our legal representatives or agents
– in the event of death, injury, or impaired health
– for intentional or grossly negligent breach of duty and fraudulent intent
– to the extent agreed in the guarantee undertaking
– provided that the scope of the Product Liability Act is established.
For breach of material contractual obligations the fulfilment of which allows the contract to be executed correctly and compliance with which the contractual partner may regularly rely upon (cardinal obligations), and for breaches due to minor negligence by us, our legal representatives or agents, our liability is limited to the foreseeable damages which typically must be expected. Claims for damages are otherwise excluded.

b)
We are liable only for our own content on the web page of our online shop. Insofar as we refer to links to other websites, we are not responsible for the contents therein. We do not adopt third-party content. If we receive knowledge of illegal content on external websites, we will immediately delete the link to these pages.

8. Data protection 

a)
We take the issue of data protection very seriously and collect, process and use your collected data in compliance with the regulations of the Federal Data Protection Act and the Telemedia Act. According to § 3 para. 7 Federal Data Protection Act (BDSG). The responsible body is the company mentioned at the beginning of these terms and conditions. All information on the collection, processing and use of personal information can be found in the privacy and data protection notice.
9. Power of revocation

Annex 1 to Article 246 § 2 Section 3 Clause 1 of the Introductory Act to the German Civil Code (EGBGB)

You have the right to revoke from this contractual statement 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 goods.

To exercise the power of revocation you have to inform

Vecchio Anseatico
Steffen Ingwersen
Burgstr. 42
20535 Hamburg
Germany
Phone: +49 (0)40 22863171
E-Mail: info@vecchioanseatico.com
EU-VAT-No: DE815687634

of your decision to revoke this contract by an unequivocal statement (e.g. a letter sent by post, fax 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 revocation

If you revoke 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, 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.

A right of withdrawal does not exist for goods within the meaning of § 312 d para. 4 BGB (German Civil Code). That is, with respect to deliveries of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is applicable, or which are clearly tailored to the personal requirements of the consumer or finished to specifications of the customer. This also applies to items that were provided with a monogram at the request of the customer.
Please note: This does not apply to goods that were customized within the limits of a regular crowdfunding campaign.

_____________________________________________

Model revocation form

Complete and return this form only if you wish to revoke the contract

To:
Steffen Ingwersen, Burgstr. 42, 20535 Hamburg, Germany
Tel.: +49 (0)40 22863171, E-Mail: info@vecchioanseatico.com

I/We (*) hereby give notice that I/We (*) withdraw from my/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),

– Date
_____________________________________________
(*) Delete as appropriate.

10. Place of jurisdiction and applicable law 

a)
The law of the Federal Republic of Germany shall apply. For consumers who enter into the contract for professional or commercial purposes, this choice of law shall apply only insofar as the protection provided is not revoked by mandatory provisions of the law of the State in which the consumer has his habitual residence. The provisions of the CISG (United Nations Convention on Contracts for the International Sale of Goods) shall not apply.

b)
If the customer is a merchant, a legal entity or a special fund under public law, the exclusive jurisdiction for any disputes arising under this contract shall be our registered office. The same applies if the customer has no general jurisdiction in Germany or if his domicile or habitual residence is not known at the time the complaint is filed.

c)
Should individual provisions of the contract with the customer including these general terms and conditions be or become totally or partly ineffective, the validity of the remaining provisions shall remain hereby affected.

11. Online Dispute Resolution

a)
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr/ This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders. The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.