§ 1 General to these terms and conditions

Something Vintage is an online shop for lovers of vintage treasures, decorations, dishes (for example cups, plates, glasses, bowls, etc.), and other antique items.

Something Vintage photographed all items digitally. Therefore, there may be insignificant differences between the representation of the items and the reality. However, such deviations are no defects.

§ 2 Contracting party

Something Vintage e.U. (mentioned below as ‘Something Vintage’)
Founder: Julia Tar
Dresdner Straße 56/9
1200 Vienna
Austria

§ 3 Applicability

Unless otherwise agreed, these terms and conditions apply to all orders. The online shop is aimed exclusively at consumers. A consumer is any natural person who enters into a legal transaction from non-commercial or self-employed activities.

If any designation of these terms and conditions is not effective in whole or in part, the statutory prescription shall apply instead. The remaining designations stay in effect.

§ 4 Conclusion of the contract and storage of the contract

The contract is concluded with Something Vintage (see § 2). The contract language is English.

By placing the products in the online shop, Something Vintage makes a binding offer to conclude a contract for these items. The customer can initially put the products into the shopping cart with no obligation and correct the entries at any time before sending the binding order by using the corrective aids provided and explained in the ordering process. The contract concludes when the customer accepts the offer for the items contained in the shopping cart by clicking on the order button. Immediately after sending the order, the customer will once again receive a confirmation by email and the applicable terms and conditions.

Something Vintage also saves the text of the contract with the orders.

§ 5 Payment

The products are tax-exempt according to the small business regulation §6 (1) 27 UStG. Shipping costs are not included in the displayed price, these are added at the checkout process.

The following payment options are available according to these terms and conditions:

• Credit card payment: Upon submitting the order, the customer transmits the credit card details to Something Vintage. After legitimizing as a legitimate cardholder, Something Vintage will prompt to initiate the payment transaction immediately after ordering from the credit card company. The credit card company automatically performs the payment transaction and debits it from the customer’s card.
• Sofort payment: After placing the order, the customer will be redirected to the website of the online provider Sofort GmbH. To be able to pay the invoice amount, the customer must have an online banking account with PIN/TAN procedure activated to participate in Sofort GmbH, have his/her authorization, and confirm the payment order to Something Vintage. Something Vintage gives further information to the customer during the ordering process. Sofort GmbH immediately executes the payment transaction and debits the account of the customer. However, it may take up to 5 business days (in exceptional cases up to 14 business days) for Something Vintage to receive the payment. After the receipt of the payment, Something Vintage will ship the order. Sofort payment is available only for customers from Austria, Belgium, Germany, Italy, Netherlands, and Spain.
• Bank Transfer: After placing the order, the customer will receive the bank details of Something Vintage. Something Vintage will ship the order only after the receipt of the money.
• PayPal: During the order process, the customer is redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, the customer needs a registration there or first, register, legitimize with the access data, and confirm the payment order. After placing the order, Something Vintage asks PayPal to initiate the payment transaction. PayPal will carry out the payment transaction automatically immediately thereafter. PayPal gives further information to the customer during the ordering process.

§ 6 Invoice

Something Vintage sends the invoices electronically. The customer will receive the electronic invoices in PDF format with the confirmation email.

§ 7 Delivery and shipping costs

Something Vintage is based in Vienna. The shipping takes place within the EU and includes a tracking number. Something Vintage sends the parcels by the Austrian Post.

The customer also has the opportunity to pick up the items in Vienna. If the customer chooses this option at checkout, they should contact Something Vintage to arrange a pick-up time. Something Vintage arranges the pick-up times individually with each customer.

Please note that the shipping costs are based on the total weight. This consists of the weight of the items plus the weight of the packaging material.

Shipping costs within Austria:

• package XS (up to 0,5 kg) €5,90
• package S (0,5 kg to 2 kg) €7,90
• package M (2 kg to 4 kg) €8,90
• package L (4 kg to 10 kg) €12,90
• package XL (10 kg to 20 kg) €19,90
• free shipping above €110
• Please note that Something Vintage does not ship packages above 20 kg.

Shipping costs in the EU:

• package XS (up to 0,5 kg) €10,90
• package S (0,5 kg to 2 kg) €15,90
• package M (2 kg to 4 kg) €22,90
• package L (4 kg to 10 kg) €26,90
• free shipping above €150
• Please note that Something Vintage does not ship packages above 10 kg.

Shipping costs to Europe (non-EU):

• package XS (up to 0,5 kg) €10,90
• package S (0,5 kg to 2 kg) €15,90
• package M (2 kg to 4 kg) €28,90
• package L (4 kg to 10 kg) €49,90
• Please note that Something Vintage does not ship packages above 10 kg.
• Something Vintage only ships to the following non-EU countries in Europe: Andorra, Bosnia and Herzegovina, Iceland, Liechtenstein, Montenegro, Norway, San Marino, Switzerland, Serbia, Turkey, the United Kingdom, and the Vatican.

The delivery takes place after the receipt of the payment. The delivery time within Austria is about 2-3 business days, in the EU about 2-8 business days, and in the non-EU countries about 5-15 business days. Please note that Something Vintage can not guarantee these delivery times and especially for international shipments the delivery times can change, as these depend on the shipping provider.

Something Vintage accepts no liability for damage caused by the transport company.

§ 8 Right of withdrawal

The customer can return the items without any reason within 14 days. To administer the right to cancel the order, customers have to inform Something Vintage, by sending an explicit declaration stating that they are repealing the contract of purchase (for example: by sending an email). In this case, Something Vintage only refunds the purchase price, and the customer has to pay the return costs. In the case of a defective product (except the defect is in the description), Something Vintage will refund the purchase price and the return costs.

The customer has to return items unused and under the condition that the customer received them.

In certain situations, Something Vintage can refund only part of the amount:

• Items that are not in their original condition, are damaged or missing parts.
• Items returned after the expiry of the 14-day withdrawal period.

Once Something Vintage has received and verified the return, the customer will receive an email and Something Vintage will transfer the amount to his/her account.

If the customer returns items over €20, he/she should consider a shipment including a tracking number. Something Vintage does not guarantee that it will receive the returned item.

The costs for a return shipment due to the wrong address or no timely pick up at the post office must be borne by the customer. Something Vintage cannot assume any liability for the third-party debt. These costs amount to €5 up to 10 kg and €6 above 10 kg within Austria. In the EU, this cost amounts to €20 independent of the weight.

In case of a return, please contact Something Vintage.

§ 9 Warranty disclaimer

Unless explicitly agreed otherwise below in these terms and conditions, the statutory warranty rights apply.

§ 10 Transfer of risk

Until the items are handed over, the risk of deterioration or loss of the items lies with Something Vintage. Afterwards, this risk passes to the consumer.

§ 11 Retention of title

Until full payment, the delivered items remain the property of Something Vintage.

§ 12 Privacy policy

The customer acknowledges that Something Vintage stores and processes the use of the customer’s data for accounting and customer evidence. The data is used to fulfil legal requirements and to process payment transactions. Something Vintage will not pass on customer data to third parties unless this is necessary for the execution of the contract.

§ 13 Jurisdiction and applicable law

All contracts are governed by Austrian law. It is also the mandatory provisions of the law of the state in which the consumer has his habitual residence to apply to this contract.

Austria: Disputes shall be governed by the jurisdiction of the court where the consumer is domiciled or habitually resident.

International: All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed by the said Rules.

§ 14 Transport damages

If the post delivers the items with obvious transport damage, then the customer should complain about such errors as soon as possible at the deliverer and contact Something Vintage. The omission of a complaint or contact has no consequences for the legal claims and their enforcement, in particular the warranty rights. The customer helps Something Vintage, to assert her claims against the carrier or the transport insurance.

§ 15 Dispute resolution

According to the Regulation on Online Dispute Resolution in Consumer Affairs (ODR Regulation), consumers have the opportunity to complain at the EU’s online dispute resolution platform on this page.

Something Vintage is not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board.

These terms and conditions were created partly by the Trusted Shops lawyer in cooperation with Wilde Beuger Solmecke Rechtsanwälte and have been adjusted by the founder.