Terms and Conditions

Terms and Conditions

§1 General terms - area of application

1. The following general terms of business are valid for all present and future business relations between OLDTIMERTOOLS and the customer. Valid is the version of the terms and conditions that existed at the time when the contract was made.

2. In regard to these terms and conditions a consumer is a natural person with whom a business relationship is established and to who no commercial or independent professional activity is attributed to. In regard to these terms and conditions an contractor is a natural person, legal person or partnership with legal capacity to who a business relations is established and who practice a commercial or self-employed occupation. In regard to the terms and conditions a customer is a consumer and an contractor.

3. Divergent, conflicting or complementary general terms of business do not become a part of the contract unless her validity is not explicitly agreed upon in writing.

§2 Conclusion of contract

1. Our offers are not-binding. Technical as well as other changes are left within the scope of the reasonable.

2. By submitting an order the customer agrees to the binding contract offer. OLDTIMERTOOLS immediately confirms the arrival of the customer's order. The confirmation does not imply the acceptance of the order yet. The confirmation of the arrival can be connected with the notice of acceptance.

3. OLDTIMERTOOLS is entitled to accept the contract offer that is sent by the customer's order within 3 working days after arrival at OLDTIMERTOOLS. OLDTIMERTOOLS is entitled to reject the contract offer, for instance after credit assessment.

4. The contract text is stored by us and is sent to the customer together with the operative terms and conditions by e-mail after conclusion of contract.

§3 Retention of title

1. In contracts with consumers the product is property of OLDTIMERTOOLS until the product is paid in full. In contracts with contractors the product is property of OLDTIMERTOOLS until the entire settlement of all demands of a running business relationship are settled.

2. OLDTIMERTOOLS is entitled to withdraw from a contract with a customer in case the customers is acting contrary to the terms and conditions, in particular in the case of default.

3. The contractor is entitled to resell the product in the regular course of business.

§4 Right of return

1. The consumer has the right to return the product within two weeks after arrival of the product. The right of return is applied by returning the product. Punctual dispatch suffices to comply with the time limit. Products which were customized after a customer specification are excluded from the right of return.

2. The costs of returning the products are paid by the customer unless the product delivered does not correspond to the product ordered.

3. The customer has to compensate for lost value on the product after the product was being used. The consumer may inspect the product carefully. If any usage of the product results in a loss of value so that it cannot be sold in mint condition the customer has to compensate for this loss in value. The product is considered to be in mint condition if it is in an unused, flawless and clean state.

§5 Reimbursement

1. The quoted price is binding. In the price the legal sales tax is included. For product delivery additional costs will be added accordingly. Discount prices are limited to special offers. To the customer no additional costs originate with order from use of the distant communicative devices. OLDTIMERTOOLS reserves the right to exclude certain payment methods.

2. The customer has a right to the compensation only if his counterclaims were ascertained legally or if they were recognized by OLDTIMERTOOLS. The customer can use a retention right only if his counterclaim is based on the same contractual relationship.

3. The minimum order value is 25,00 €.

§6 Passing of risk

1. The risk of accidental loss and accidental deterioration passes to the consumer when the sold product is handed over to the consumer.

2. The risk of accidental loss and accidental deterioration passes to the contractor when the sold product is handed over to the contractor or when the product is handed over to the forwarding express agent, carrier or any other person or institution put in charge for delivery.

3. The same consequences from (1) and (2) arise if the customer is in default in accepting delivery.

§7 Guarantee

1. Consumers have the choice whether the supplementary performance should occur through repair or replacement delivery. OLDTIMERTOOLS is entitled to refuse this choice if such performance is possible only with unreasonable expense and the other form of supplementary performance has no material detriment or considerable disadvantaged to the consumer. For contractors OLDTIMERTOOLS warrants for defects of the product after the choice of OLDTIMERTOOLS by repair or replacement delivery.

2. If the supplementary performance fails the customer can opt for lowering of the reimbursement (decrease), cancellation of the contract (resignation) or compensation instead of the performance. If the customer chooses compensation instead of the performance, the restrictions of liability are valid according to article §8 section 1 and 2 of these terms and conditions. Nevertheless, with only slight defects the customer has no right of withdrawal from the contract.

3. The contractor must notify OLDTIMERTOOLS in written form about apparent defects of the product within one week after arrival of the product; otherwise any warranty claim is invalid. Punctual dispatch suffices to comply with the time limit.

4. The guarantee term for consumers amounts two years beginning at the time of arrival of the product. The guarantee term for contractors amounts a year beginning at the time of arrival of the product. If the delivered product is second-hand the guarantee term amounts a year beginning at the time of arrival of the product. The one year old guarantee term is not valid if OLDTIMERTOOLS can be blamed with gross fault as well as in case of damage caused to the customer's health or loss of life attributable to OLDTIMERTOOLS. The liability of OLDTIMERTOOLS according to the product liability law remains untouched from this.

§8 Restriction of liability position and exemption

1. By slight neglect of duty the liability of OLDTIMERTOOLS is limited to the predictable, immediate average damage typical for contract. This is also valid for slight neglect of duty from legal representatives or assistants of OLDTIMERTOOLS. OLDTIMERTOOLS is not liable for slight neglect of duty of immaterial contractual obligation with enterprises.

2. The preceding restrictions of liability do not concern claims of the customer from product liability. Further the restrictions of liability are not valid for damage caused to the customer's health or loss of life attributable to OLDTIMERTOOLS.

3. For access to external web sites granted by OLDTIMERTOOLS, OLDTIMERTOOLS is not liable for the contents of these external web sites. OLDTIMERTOOLS does not own external contents. OLDTIMERTOOLS shuts down access to illegal contents on external web sites immediately after getting notice about it.

4. OLDTIMERTOOLS is exempt by the customer from any disadvantages that could result from damaging activity from a third party - indifferently whether deliberately or negligently.

§9 Data privacy

The customer has been informed about kind, extent, place and the purpose of the elevation, processing and use of necessary personal data for the processing of orders as well as about his right of objection for the use of his anonymized user profile for the purposes of the advertisement, the market research and to creation of the service tailored to suit a market need (see "privacy information"). The customer agrees to the elevation, processing and use of personal data expressly. The customer has the right to revoke his consent anytime with immediate effect (see "data privacy consent").

All rights reserved: Texts, pictures, sound, graphics, animations and videos as well as their arrangement on our websites are protected by the copyright and other protection laws. The contents of these websites may not be copied for commercial purposes, be changed or be made accessible to third parties. Some of our websites contain pictures which are protected by the copyright of third parties. Unless it is not explicitly indicated all trademarks on our websites are protected by trademark laws. Visiting our websites does not grant any license or rights to use the intellectual property.

§11 Final provisions

1. These terms and conditions are subject to the laws of the Federal Republic of Germany. For contracts of a propose that can not be counted under profession or a business of consumer, this choice of law is only valid if the offered protection is not withdrawn through cogent law of the country where the consumer has his usual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply here and are expressly excluded.

2. If the customer is a merchant, legal entity under public law or a federal special fund under public law the exclusive place of jurisdiction for any disputes arising out of this contract shall be the location of OLDTIMERTOOLS. This also applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or usual abode is unknown at the time the proceedings are brought forth.

3. Should individual provisions of the contract with the customer, inclusive of these general sales terms and delivery conditions, be or become ineffective, then the validity of the remaining provisions is not affected by this. The completely or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to that of the ineffective regulation. The dispositive law applies until an appropriate new regulation has been created.

§12 Delivery

If an ordered product of your choice is not available in the short-term it will be sent to your for free when it becomes available again. You will be notified by email.

If you liked to order in our on-line shop, you must have taken note of our Terms and Conditions and have accepted what you confirm to us please with the following form.

* incl. tax, plus shipping