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 second-hand goods. Designer Second Hand Vienna offers used goods not only through the website www.designersecondhandvienna.com but also through the store located at Gumpendorferstr.10-12 in the 6th district of Vienna.
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 mediation, representation, and purchase and sale processes related to 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 sales process or preparation), the user agrees to these GTC.
§ 1 SCOPE AND GENERAL INFORMATION
(1) Subject to individual agreements that take precedence over these GTC, the following General Terms and Conditions exclusively apply to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is rejected.
(2) The customer is a consumer if they conclude the contract for purposes that are predominantly not attributable to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed 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 result from the respective product description provided by the seller.
(3) All offers in the seller's online shop are merely non-binding invitations to the customer to submit a corresponding purchase offer to the seller. Once the seller has received the customer's order, the customer will first receive a confirmation of receipt of their order, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the customer's order, the seller will review it promptly and notify the customer within 2 business days whether the order is accepted (order confirmation). The order process in the seller's online shop works as follows:
(4) The customer can select products from the seller's assortment and collect them in a shopping cart via the "Add to cart" button. By clicking on the "Cart" button, the customer gets an overview of the selected products. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the cart. Before submitting the order, the customer can change and view the data at any time using the browser functions "Back" and "Next" represented as arrow buttons. The request can only be submitted and transmitted if the customer accepts these contractual terms and includes them in their request by clicking on the "Accept GTC" button. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The contract is only concluded by the seller's declaration of acceptance, which is sent in a separate email.
§ 3 CONTRACT OBJECT, CONDITION, DELIVERY, PRODUCT AVAILABILITY
(1) The subject of the contract is the goods and services specified by the customer in the order and listed in the order and/or order confirmation at the final prices stated in the online shop. Errors and omissions are excepted.
(2) The condition of the ordered goods results from the product descriptions in the online shop. Images on the website may not accurately reflect the products; particularly colors may vary significantly for technical reasons. Images serve only as illustrative material and may differ from the product. Technical data, weight, measurement, and performance descriptions are as precise as possible but may show standard deviations. These properties described here do not constitute defects in the products delivered by the seller.
(3) Product availability can be neglected due to the trade in used goods, as these are exclusively unique pieces 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 deviating delivery times are indicated by the seller on the shipping information page (national & international). Delivery time for non-EU countries is usually slightly longer.
Designer Second Hand Vienna ships with Hermes and the Post, depending on the buyer’s indicated country. We assume no liability for any delays caused by the shipping company and cannot be held responsible for them.
(2) As a reseller of second-hand goods subject to differential taxation, no VAT is charged on the goods. The price details correspond to net prices and are passed on to the customer without VAT. The prices stated are final sales prices plus shipping costs. The customer receives an invoice with a note on the application of differential taxation according to § 24 UStG.
§ 5 PAYMENT
Payment is made by credit card (Visa, Mastercard), prepayment (PayPal, bank transfer), or instant transfer.
The buyer can choose from the displayed payment options. Designer Second Hand Vienna reserves the right to introduce additional payment options or discontinue existing ones in the future. The buyer is informed that additional costs (e.g. credit card fees) may apply depending on the chosen payment method, and these 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 faults to the delivery service immediately and to contact the seller as soon as possible (phone or email).
(2) Failure to complain or contact us has no consequences for the customer’s legal warranty rights but helps the seller to assert claims against the carrier or transport insurance.
§ 7 WARRANTY FOR DEFECTS
(1) As the goods are used, minor defects may occur or be overlooked. All goods are cleaned, ironed, and restored as well as possible, but errors may still happen and minor issues may be missed.
(2) Each item in the assortment is inspected and subjected to a quality check and accordingly marked with the respective condition (new, like new, very good, good, acceptable).
(3) The respective condition is clearly marked on the info label on the item and thus accepted by the customer. Goods can only be returned if the quality certificate is still attached to the item.
(4) Complaints and warranty claims can be submitted to office@fraeulein-kleidsam.at.
§ 8 RETENTION OF TITLE
The delivered goods remain the property of the seller until full payment has been made.
§ 9 LIABILITY
The statutory provisions apply.
§ 10 CONTRACT TEXT
The contract text is stored in the seller’s internal systems. The customer can view the general terms and conditions at any time in their customer account. The order data and the GTC are sent to the customer by email. After the order is completed, the order data is no longer accessible via the internet for security reasons.
§ 11 FINAL PROVISIONS
(1) The contract language is German.
(2) Contracts between the seller and the customers are subject to the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only insofar as the protection provided by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
(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 is 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 place of residence or habitual residence is unknown at the time the action is filed.