Terms and Conditions
Section 1: Scope
These general terms and conditions apply to all contracts concluded via this online shop between Antiquariat Norbert Haas, proprietor Norbert Haas, An den Kastanien 30, D-47551 Bedburg-Hau, Germany (the "Seller") and its customers (the "Customer").
Section 2: Conclusion of contract
The presentation of items in this online shop does not constitute a legally binding offer but an invitation to place an order. By submitting your order via the button "Place binding order" you make a binding offer to conclude a contract of sale for the items in your basket. We confirm receipt of your order by email without delay; this acknowledgement of receipt is not yet an acceptance of your offer. The contract of sale is concluded when the Seller accepts your order by sending you the invoice or by dispatching the item. If an item cannot be delivered, in whole or in part, after the contract has been concluded, Section 7a applies.
Section 3: Prices and payment
All prices are final prices in euros including statutory VAT, plus shipping costs. Payment is made against invoice by bank transfer: after your order the Seller sends you an invoice with the bank details; the payment term is stated on the invoice. Dispatch takes place once payment has been received (Section 5). No payment method carries an additional charge.
Section 4: Condition of antiquarian goods
All items offered are antiquarian originals showing traces of age and use. The condition is stated in the respective item description; the description and the high-resolution images form the agreed quality of the item. Minor signs of age mentioned in the description or visible in the images do not constitute a defect.
Section 5: Delivery and shipping
Delivery is made to the address specified by the Customer once the contract has been concluded and payment received. Shipping costs per region are listed on the "Shipping costs" page. Delivery normally takes approx. 3 to 5 business days from receipt of your payment.
Section 6: Retention of title
The goods remain the property of the Seller until paid for in full.
Section 7: Right of withdrawal
Consumers have a statutory right of withdrawal. For details please see the withdrawal notice.
Section 7a: Availability, part deliveries and replacement items
(1) Why this clause exists. Almost every item in our catalogue is unique. We offer the same stock at antiquarian fairs and on enquiry by telephone or in writing. An item may therefore already have been sold by the time we process your order. The paragraphs below set out what happens in that case, and create obligations for your benefit only.
(2) Unique items cannot be re-sourced. As these are originals from past centuries, an item that has been sold cannot as a rule be obtained a second time. Paragraph 3 is therefore the normal case rather than the exception. Your statutory rights where a delivery period is exceeded, in particular under sections 280, 286 and 323 of the German Civil Code, remain unaffected.
(3) Items that are no longer available. If an item is no longer available, our obligation to perform ceases to that extent (section 275 of the German Civil Code) and so does your obligation to pay for it (section 326(1)). We will inform you by email without delay, cancel the affected quantity, refund the corresponding amount without delay and deliver the remaining items. No declaration on your part is required.
(4) Replacement items only if you ask for them. We will never send you an item other than the one you ordered without being asked to. We may instead propose a replacement by email. That email names the unavailable item, the proposed replacement and its price. The total price of your order will never increase as a result; if the replacement is cheaper, we refund the difference. A replacement is only agreed if you expressly accept it (sections 145 and 147 of the German Civil Code).
(5) Deadline and silence. You have three working days from receipt of our email to reply. The email states the exact calendar date by which you can reply and provides a link to accept or decline. If you do not reply, the proposal is deemed declined. Your silence therefore never results in a purchase. Regardless of whether and how you reply, we will refund the amount attributable to the unavailable items no later than the expiry of that deadline. If you accept the proposal within the deadline, we credit the amount already paid against the replacement item.
(6) Part delivery, withdrawal and shipping costs. We deliver the remaining items provided the part delivery is reasonable for you. A part delivery never causes you additional shipping costs. You may refuse the part delivery and withdraw from the entire contract if you have no interest in partial performance (section 323(5) sentence 1 of the German Civil Code); in that case we refund the entire amount paid, including shipping costs. We draw your attention to this option expressly in every notice under paragraphs 3 to 5. Your statutory rights in respect of default, and your right to withdraw from the entire contract, remain unaffected.
(7) Free shipping is retained. If your order qualified for free shipping, it keeps that status even if a cancellation under paragraph 3 or 5 takes the order value below a free-shipping threshold. Shipping costs are never charged retrospectively.
(8) Refunds. For refunds under this clause we use the same means of payment that you used; you incur no charges as a result.
Section 8: Warranty
The statutory warranty law applies. Section 4 of these terms applies in addition with regard to the condition of the goods.
Section 9: Governing law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of their country of habitual residence.
Section 10: Dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German VSBG).