terms and conditions

general terms and conditions

preamble

The goods offered in the vintage shop mercatino900 are exclusively used goods that show normal signs of wear and tear and have been examined for their functionality and condition. If the objects have been restored and refurbished, this is noted separately in the item descriptions.
No further promises are made beyond the inspected or restored functionality and condition; in particular, no promises, assurances or guarantees are made beyond the statutory warranty rules and the following General Terms and Conditions of Sale, in particular no guarantees of quality and/or durability.

I. Scope
(1)
These conditions of sale apply to any contract concluded between mercatino900 and the buyer for the sale of used items, goods and electrical appliances.
(2)
The terms and conditions of sale become part of every contract concluded between mercatino900 and the buyer and are deemed to be accepted upon conclusion of the purchase contract.
(3)
All agreements made between mercatino900 and the Buyer in connection with the purchase contracts are set out in writing in the purchase contract, these terms and conditions and any order confirmation from the Seller.
(4)
The range of goods offered by mercatino900 is aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB).

II. Contract content/functionality/delivery conditions
(1)
The buyer only purchases used goods. Some of these have been refurbished by mercatino900 and their functionality has been restored if it is no longer available.
(2)
The used goods show signs of wear and tear appropriate to their age and normal use. They therefore show a corresponding state of wear and tear. They are neither new nor as good as new. mercatino900 makes no representations and/or warranties beyond the functionality that exists on site.
(3)
When purchasing and receiving the used goods, the buyer has assured himself of their functionality and condition and acknowledges these upon conclusion of the purchase contract.
(4)
The goods are delivered/shipped by mercatino900 at the buyer's expense and can also be picked up by the buyer in Berlin Charlottenburg upon request and by appointment.
(5)
Unless we have clearly stated otherwise in the product description, all items we offer are ready for shipping immediately. Shipping will take place within 2 working days of receipt of payment at the latest. Receipt of an automatic order confirmation from us does not constitute acceptance of the purchase contract. mercatino900 reserves the right to cancel the order within 48 hours if necessary.
(6)
The risk of accidental loss and accidental deterioration of the item sold shall only pass to the buyer upon delivery of the item to the buyer, even in the case of a sale by dispatch.

III. Prices/Payment Conditions/Retention of Title
(1)
The prices are gross prices, which means that VAT is included in the price. Some items are subject to differential taxation according to §25; this is noted separately in the item description and on the invoice.
(2)
The purchase price including shipping costs is due immediately and can be paid via PayPal or advance payment. Cash payment is possible upon collection.
(3)
If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.
(4)
Reservations can only be accepted with a binding confirmation and a deposit of 50% of the purchase price.
(5)
The purchased item remains the property of mercatino900 until full payment has been made (retention of title).

IV. Right of withdrawal

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods, provided you have ordered one or more goods as part of a single order and these are delivered as a single item; on which you or a third party other than the carrier designated by you takes possession of the last goods, provided you have ordered several goods as part of a single order and these are delivered separately; on which you or a third party other than the carrier designated by you takes possession of the last partial shipment or the last piece, provided you have ordered goods that are delivered in several partial shipments or pieces;

To exercise your right of withdrawal, you must

mercatino900
Marie Luise Schulz
Wundtstraße 22
14059 Berlin
Tel: 0049 1781867966
Email address: info@mercatino900.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

V. Warranty/Liability
(1)
The used goods show normal signs of wear and tear. These do not constitute defects that would entail a warranty.
(2)
If the purchased item has a defect and this was neither part of the offer nor taken into account in the price determination, then initially only a claim for subsequent performance in the sense of repair exists. Repair in the sense of subsequent delivery is impossible due to the condition of the goods as used goods.
(3)
If the repair fails more than twice, the buyer has the right to withdraw from the contract or to reduce the purchase price appropriately. Reimbursement of wasted expenditure is excluded if no claim for subsequent performance was made against mercatino900 and the repair failed. A repair is deemed to have failed after the third unsuccessful attempt.
(4)
Any warranty does not cover defects caused by damage, incorrect installation, incorrect connection or incorrect operation by the purchaser.
(5)
In the event that the buyer withdraws from the contract, he must return the purchased item to mercatino900 in exchange for reimbursement of the purchase price less reasonable compensation for use.
(6)
The warranty period is one year and begins with the delivery of the purchased item. After this period, any warranty claims by the buyer are excluded.
(7)
The buyer can only assert claims for damages due to the defect under the following conditions if subsequent performance has failed. The buyer's right to assert further claims for damages under the following conditions remains unaffected.
(8)
mercatino900 is fully liable in accordance with the statutory provisions for damage to life, body and health resulting from a negligent or intentional breach of duty by the seller, his legal representatives or his vicarious agents, as well as for damages covered by liability under the Product Liability Act, as well as for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of the seller, his legal representatives or his vicarious agents.
(9)
Any further liability of mercatino900 is excluded regardless of the legal nature of the asserted claim; this applies in particular to tort claims or claims for reimbursement of wasted expenditure instead of performance. To the extent that the liability of mercatino900 is excluded or limited, this also applies to the personal liability of its employees, workers, staff and vicarious agents.