Terms of service
This is an English translation of our German legal text. The German version is the legally binding one; in case of any discrepancy, the German wording prevails.
1. Scope, provider
These terms and conditions apply to all contracts you conclude with us through our online shop at www.ninetyvintage.com:
ninetyvintage
Simon Püschel
Peterstraße 36
20355 Hamburg
Germany
E-mail: ninetyvintage@gmx.net
We sell to consumers and to businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code). A business is a natural or legal person or a partnership with legal capacity acting in the exercise of their trade, business or profession when entering into the transaction (§ 14 German Civil Code).
We do not accept differing terms of the customer unless we expressly agree to them in writing.
2. What we sell: used, one-of-a-kind pieces
We sell used clothing and accessories. Every item exists only once. The photos on the product page show the actual piece you will receive.
Condition, measurements and particularities are described on the respective product page. Characteristics resulting from age and wear that we describe there, or that are visible in the photos, are the agreed condition within the meaning of § 434 (2) German Civil Code and do not constitute a defect.
Colours may differ slightly between your screen and the actual item for technical reasons.
3. Conclusion of contract
The presentation of items in our shop is not a legally binding offer but an invitation to you to place an order.
By completing the order process in the checkout and pressing the final button that expressly places the order subject to payment, you make a binding offer to buy the items in your cart. Before submitting, you can review your entries on the order summary and correct them using the usual keyboard and mouse functions.
After your order reaches us, we send an automatic confirmation by e-mail acknowledging receipt of your order and restating its content. This acknowledgement of receipt is not yet an acceptance of your offer.
The contract is concluded only when we expressly accept your order or dispatch the goods to you and confirm this. If you have chosen a payment method under which you pay in advance, the contract is concluded when we declare acceptance.
Because every item exists only once, an item may already be sold at the same moment. If we cannot accept your order for that reason, we will inform you without delay and refund any payments already made in full.
We store the text of the contract. We send the order data and these terms to you by e-mail with the order confirmation. The contract language is German or English.
4. Prices and shipping costs
All prices are final prices in euro and include statutory value added tax.
We apply the margin scheme for second-hand goods pursuant to § 25a UStG. Value added tax is therefore not shown separately on our invoices; no input tax deduction is possible from them.
Shipping costs are charged in addition to the price of the goods. Their amount is shown to you during the order process before you place your order and is listed on our shipping page.
For deliveries to countries outside the European Union, customs duties, import charges and fees may apply in addition, which you have to bear. These are not levied by us but by the respective customs or postal authority.
5. Payment
The payment methods offered during the order process are available to you. The purchase price is due for payment upon conclusion of the contract unless stated otherwise for the chosen payment method.
For individual payment methods, the terms of the respective payment service provider apply in addition; these are referred to during the order process.
6. Delivery
We deliver within Germany and to the countries listed during the order process. Delivery is made to the delivery address you provide.
Information on delivery times can be found on our shipping page. Unless stated otherwise, we dispatch within 5 working days after conclusion of the contract, or after receipt of payment in the case of advance payment.
If an item is unexpectedly unavailable, we will inform you without delay and refund any payments already made in full.
When shipping to consumers, the risk of accidental loss and accidental deterioration passes to you only upon handover of the goods (§ 475 (2) German Civil Code). Towards businesses, the risk passes upon handover to the carrier.
If a consignment cannot be delivered because you provided an incorrect or incomplete delivery address, you bear the resulting additional costs of return and re-shipping. This does not apply if you are not responsible for the incorrect information, and it does not affect your right of withdrawal.
7. Retention of title
The goods remain our property until payment has been made in full.
8. Right of withdrawal
Consumers have a statutory right of withdrawal. The details and the model withdrawal form can be found in our withdrawal instruction. You can also declare your withdrawal online using the withdrawal function in our shop.
9. Liability for defects
The statutory law on liability for defects applies.
For consumers, the limitation period for claims based on defects is two years from delivery of the goods.
The benchmark for freedom from defects is the condition described on the product page (see section 2). Characteristics resulting from age and wear that we describe there, or that are visible in the photos, are not defects.
Towards businesses, the limitation period for claims based on defects is one year from delivery; for claims for damages under section 10, the statutory periods remain unaffected. Towards businesses, the duty to examine the goods and give notice of defects under § 377 German Commercial Code applies in addition.
10. Liability
We are liable without limitation
- for intent and gross negligence,
- for damage arising from injury to life, body or health,
- under the provisions of the German Product Liability Act, and
- to the extent of a guarantee we have given.
In the case of slightly negligent breach of a material contractual obligation, our liability is limited in amount to the foreseeable damage typical for this type of contract at the time the contract was concluded. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely.
Otherwise our liability is excluded.
These provisions also apply to the personal liability of our legal representatives and vicarious agents.
11. Choice of law and place of jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a consumer with your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected by this choice of law (Art. 6 (2) Rome I Regulation).
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 the contractual relationship is Hamburg. For consumers, the statutory places of jurisdiction apply.
12. Consumer dispute resolution
We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
13. Final provisions
Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.
Last updated: 5 September 2026