Terms and conditions

Terms and Conditions

for the use of the services via the platform "oldthing".

1. Provider

The provider of the services provided on the oldthing.de platform (hereinafter: "oldthing") and the contractual partner when concluding contracts for the use of these services is the business partnership named below (hereinafter: "Provider"):

Regina Pröhm & Michael Schrottmeyer GbR

Stechlinstr. 5

10318 Berlin

Germany

Tel: +49 (30) 50 15 48 90 (Tue-Fr 10 am - 12 am & 2 pm - 6 pm)
Fax:  +49 (30) 50 96 88 71
E-Mail: service@oldthing.de

Shareholders authorized to represent the company:
Mrs. Regina Pröhm & Mr. Michael Schrottmeyer
VAT-ID: DE192616412

Responsible according to § 55 para. 2 RStV:
Michael Schrottmeyer, Stechlinstr. 5, 10318 Berlin, Germany
Online-Streitbeilegung

Die Europäische Kommission stellt unter nachfolgender Verlinkung eine Plattform zur Online-Streitbeilegung (OS) bereit:

https://ec.europa.eu/consumers/odr

Für allgemeine Verbraucherprobleme ist grundsätzlich die Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V. zuständig, welche unter https://www.verbraucher-schlichter.de oder unter folgender Adresse erreicht werden kann: Straßburger Straße 8, 77694 Kehl am Rhein.

Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle ist der Anbieter weder verpflichtet noch hierzu bereit.

2. Scope

2.1
The following General Terms and Conditions (hereinafter: GTC) apply to the services offered by the provider on oldthing. These also contain the legally required information according to the regulations on contracts in distance selling and electronic commerce.

2.2
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2.3
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

3. Service description

3.1
3.1.1
Oldthing includes the oldthing marketplace where the items and services offered by the members in their oldthing stores in the field of antiques, second-hand and second-hand goods together with related industries (hereinafter: items) are summarized.

3.2
The provider itself does not become a contractual partner of the contracts concluded between the members of oldthing. The fulfillment of the contracts concluded on oldthing between the members takes place exclusively between the members. The provider itself only provides the marketplace and thus only mediates third-party offers or the potential buyers.

3.3
The sale and/or purchase of items offered by members takes place in the respective oldthing store, to which oldthing automatically switches when someone wishes to purchase an item.

3.4
Each member as a seller is responsible for the content of his offers and the fulfillment of the sales contracts themselves.

3.5
If a member wants to offer items for sale, he or she can open an oldthing store. Oldthing offers members oldthing stores, which can be opened in different sizes depending on the requirements (private or commercial).

3.6
The articles offered in the individual oldthing stores are - subject to a check by the provider for compatibility with these GTC and the oldthing principles - automatically activated on the oldthing marketplace so that they can be found worldwide via the oldthing search engine.

3.7
Oldthing includes a search service that stores search queries from members and announces new items matching the search to searching members by mail and link.

3.8
Oldthing also includes the oldthing event service, which announces and informs about oldthing market events and has a registration function for reserving market booth spaces.

3.9
The provider does not grant the members any copyrights or other industrial property rights. Insofar as the Provider makes software available to the Member, the Member shall be granted a simple right of use that is limited to the contractual purpose, is non-transferable and is limited to the term of the contract at the longest.

4. Registration and contract conclusion

4.1
The use of the services of oldthing requires a registration as a member. There is no right to registration.

4.2  
Registration as a member is free of charge.

4.3    
Registration is only permitted to legal entities and natural persons of unlimited legal capacity who have reached the age of 18.

4.4    
The use of oldthing or the range, in which individual functions and services can be used, can be linked by the provider to certain conditions, such as verification of the registration data, verification of the range of goods, verification of the stores, proof of trade license.

4.5    
The data requested during registration must be provided completely and correctly. If there is a change in the data after registration, the member is obliged to update the information in his/her member account immediately.

4.6    
Registration is done by opening an user account. Such an account can be opened by clicking the [Sell] or [Login] button in the upper right corner of oldthing or, as a buyer, by clicking the [Checkout] button and then "I am a new customer" [Continue] during the purchase process. In the following, the member's personal data must be entered and the knowledge of the General Terms and Conditions and Privacy Policy must be explicitly confirmed and accepted. By clicking the [Register Now] button, the member makes a binding offer to conclude a contract for the use of oldthing's services. The provider accepts the offer by sending a confirmation email to the email address provided by the member during registration with a request to confirm the email address. By sending this confirmation email by the provider, the usage contract between the member and the provider is concluded. The statutory right of withdrawal set out above these GTC applies to consumers.

4.7    
The member is obliged to keep the access data secret and not to make it accessible to third parties. If the member is concerned that a third party may have obtained the access data or otherwise gained access to the member account, the member must notify the provider immediately.

5. Disclaimer

5.1  
The provider does not guarantee the constant and uninterrupted availability of oldthing. In the event of server failures or other interruptions of the services, the provider is not liable for damages incurred by members or third parties from the use of the services, unless the provider has acted with gross negligence or intent in this regard. This aforementioned exclusion of liability does not apply to damages resulting from injury to life, limb or health or in the case of mandatory legal regulations.

5.2    
The provider also reserves the right to temporarily restrict the services on oldthing if this is necessary with regard to capacity limits, the security and integrity of the servers or to implement technical measures that serve the proper or improved provision of services.

5.3    
If images and texts are uploaded by the member, he/she is responsible for ensuring that they do not infringe the rights of third parties.

5.4    
The member releases the provider from all claims asserted by third parties against the provider for infringement of their rights or violations of the law due to the offers and content posted by the member on oldthing. The aforementioned indemnification claim shall also include the costs of the necessary legal defense of the Provider, if the Member has acted culpably.

5.5  
For all links placed on oldthing, the provider declares that he has no influence on the layout and content of the linked pages and distances himself explicitly from the linked content on the linked websites.

5.6    
For the rest, the following applies in principle:
  1. The provider is liable without limitation for damages, provided that he is guilty of intent or gross negligence.
  2. For ordinary negligence, the provider is liable only in case of breach of an obligation, the fulfillment of which makes the proper execution of the contract at all possible and on the compliance of which the buyer may regularly rely (cardinal obligation). Apart from that, liability is excluded in the case of simple negligence.
  3. Insofar as the provider is liable for simple negligence as above, the liability is limited to the damage that could typically be expected to occur according to the circumstances known at the time of the conclusion of the contract.
  4. The aforementioned exclusions and limitations of liability shall not apply if a guarantee for the quality of the goods/services has been assumed or the defectiveness of the goods/services has been intentionally concealed. Furthermore, the provider is liable without limitation for damages to life, body and health as well as in the case of other mandatory legal regulations.

6. Prices and store models

6.1    
Registering as a member of oldthing is free of charge and entitles you to use the oldthing services such as the oldthing marketplace, the search service and the oldthing events service, which are also free of charge.

6.2    
In order to be able to offer articles yourself as a member, it is necessary to open an oldthing store, for which different fees are charged depending on the chosen business model and store size. A choice can be made between a pure commission price model and several pure fixed price models.

6.3    
The amount of the currently charged percentages in the commission price model as well as the amount of the staggered monthly fees in the fixed price model depending on the selected store size (10, 1000, 2000 and more items) are based on the currently valid price list. All prices are in EURO and include the statutory value added tax.

6.4    
The store contract period is at least 3 months and is extended by 3 months unless the contract is terminated in text form at least 1 month before the end of the contract period. This does not apply to the oldthing promotion store or to special and voucher promotions for a limited period of time.

6.5    
The opening and use of the oldthing promotion store is free of charge. The promotion store entitles the user to post up to 10 items for a period of three months. At the end of the 3 months, the user will receive an e-mail with an activation link that allows him to switch his store to a fee-based store model. If the activation link is not clicked, the promotion store and the article offer will be automatically deleted after a 14-day period. A cancellation of the promotion store is not necessary.

6.6    
Invoices are generated for a period of 3 months. Oldthing sends invoices to the member by e-mail to the e-mail address registered with oldthing.

6.7    
The payment amount is due 14 days after receipt of the invoice. If the payment deadline of 14 days is exceeded, the provider is entitled to temporarily not publish the offer of goods of the respective oldthing store until the outstanding debt has been received.

6.8    
All billing and payment documents are also available to members in their member accounts.

7. Deletion and blocking

7.1    
If the provider becomes aware that a member is violating the rights of third parties with an offer, the provider is entitled and obligated to check the matter and to no longer make the offer publicly accessible or to delete it until final clarification. The member concerned will be informed by e-mail.

7.2.  
The provider reserves the right to delete offers from members without prior notice, to block members from further use of the services via oldthing and/or to terminate the concluded user agreement if there are concrete indications that the member violates these GTC or applicable law when using the services.

7.3    
The foregoing applies in particular if the member
  1. has made false statements during registration,
  2. in connection with the use of oldthing, third party rights, such as copyrights and ancillary copyrights, industrial property rights (including trademarks, patents, utility models and registered designs) or other rights (e.g. the right to one's own image, name and personality rights) are violated,
  3. performances of oldthing are abused or
  4. an other important reason exists.

8. Termination

8.1  
A termination of the membership contract has to be made either in text form or via the cancellation function offered by oldthing. You can find the termination function in the member area under [My data] and [Cancel membership]. To confirm the cancellation, you will receive an email with a cancellation link. By clicking on the link you confirm your termination.

8.2 
A cancellation period of 1 month is deemed to be agreed.

8.3    
If the member has opened an oldthing store, a cancellation period of 1 month to the end of the contract for the selected store model is deemed to have been agreed (see also section 6.4 of these GTC).

8.4     
The right to extraordinary termination for good cause remains unaffected. In such a case, the important reason must be named by the member in the notice of termination.

9. Restrictions of use, prohibited items

9.1    
Oldthing is a platform offering goods in the field of antiques, second hand and second hand goods together with related items. The provider therefore reserves the right to remove other offers that are not related to the aforementioned segments.

9.2  
It is also forbidden to offer goods whose offer, sale or purchase violates legal regulations or morality. In particular, the following goods may not be described or offered:
  • Goods whose advertising, offer or distribution violates copyrights and ancillary copyrights, intellectual or industrial property rights (e.g. trademarks, patents, utility models and designs) and other rights (e.g. the right to one's own image, rights to a name and personal rights); this includes in particular plagiarism, replication, pirated copies, etc,
  • Goods whose sale violates § 86 of the German Criminal Code (StGB) (dissemination of propaganda material of unconstitutional organizations), § 86a of the StGB (use of symbols of unconstitutional organizations) or § 130 of the StGB (incitement of the people),
  • Goods that are indexed by the Federal Review Board for Writings Harmful to Minors. Such articles may also not be offered under the condition of proof of age, because the public offering of indexed articles is prohibited,
  • Goods with content harmful to minors, especially those with pornographic or immoral content.
  • Weapons within the meaning of the Weapons Act, in particular firearms, cutting and stabbing weapons of any kind as well as ammunition of any kind.

9.3    
Furthermore, the following restrictions apply:
  • Advertising within the item description for goods not offered on oldthing is not permitted,
  • in the offer descriptions it is forbidden to advertise or link to other auction houses or online stores outside this website. Permitted are links to the member's own web pages, on which the articles offered by the member on oldthing are described in more detail and to a greater extent in words or pictures,
  • it is not allowed to offer a list of additional items via an e-mail address or to ask other members to request such.

9.4    
Furthermore, the member is not entitled to use mechanisms, software or other scripts in connection with the use of oldthing that may interfere with the functioning of the oldthing website. The member shall not take any action that may place an unreasonable or excessive burden on the oldthing infrastructure. The member is not permitted to block, overwrite or modify content generated by oldthing or to interfere with the oldthing website in any other way.

9.5    
The content stored on oldthing may not be copied or distributed by the member or used or reproduced in any other way without the prior permission of the copyright holder.

10. Principles for oldthing stores

10.1     
The items listed by the members in the opened oldthing stores may not violate applicable law or these GTC. In particular, the regulations listed in clause 9. apply. The store operators themselves are responsible for the articles posted in their stores and for compliance with all legal requirements.

10.2     
The store operator must place his offer in the appropriate category. He has to describe his offer correctly and completely with words and pictures. The description as well as the images used in it may not violate the rights of others and must relate exclusively to the item. In the description, the provider must truthfully state all properties and features essential for the purchase decision as well as defects that reduce the value of the offered goods.

10.3   
The store operator must be able to transfer the offered goods to the buyer immediately after the conclusion of the contract.

10.4    
Every commercial store operator who offers goods or services to consumers is obliged to provide the legally required consumer protection information and to instruct them about the statutory right of withdrawal, if such a right exists.

10.5  
Every commercial store operator has to inform about the processing of the data and the relevant rights of the data subjects.

10.6     
The price of the relevant items is the final price including any applicable value added tax and other price components, and is to be marked as such.

10.7    
The sales price does not include delivery and shipping costs. These should, if shipping costs are charged, be shown separately for each item. The store operator shall provide full information on the details of payment and delivery.

10.8  
Members are prohibited from using the personal data of other members obtained through the use of oldthing for purposes other than contractual, pre- and post-contractual communication. In particular, it is prohibited to use this data for commercial advertising or to send unsolicited advertisements.

11. Granting of rights of use

11.1    
By uploading image files and texts (offer), the member grants the provider a simple right of use to the uploaded image files and texts, which is limited in time for the duration of the business relationship and is necessary for the contractual fulfillment of the services on oldthing.

11.2  
By uploading image files and texts, the member also grants the provider a simple right of use, limited in time for the duration of the business relationship, to advertise the member's offers on third-party sites and other platforms of the provider. This use is used exclusively for the purpose of broadening the advertising of the member's offer and always redirects to the offer posted by the member on oldthing.

12. Contract assumption by third parties

12.1  
The Provider reserves the right to transfer its rights and obligations under this contractual relationship in whole or in part to a third party with a notice period of 6 weeks.

12.2    
In this case, the member is entitled to terminate the usage contract after notification of the contract takeover in text form within 1 month with effect from the time of the contract takeover. The termination option and notice period pursuant to section 6.4 and section 8 of these GTCs shall remain unaffected.

13. Contract language, contract text storage

13.1   
The contractual language is German.

13.2    
The contract text is stored by the provider after the conclusion of the contract and is not accessible to the member. The member can print the text of the contract before the conclusion of the contract and/or save it in a reproducible form by taking screenshots of the essential web pages or converting it into pdf format.


14. Applicable law, agreement on jurisdiction

14.1     
The contracts concluded between the provider and the commercial members (entrepreneurs) for the use of the services via oldthing are subject to the substantive law of the Federal Republic of Germany.

14.2     
In the event of disputes regarding these GTC and/or the contracts for the use of the services via oldthing between the provider and the members, the place of jurisdiction is deemed to be agreed upon in whose district the provider has its registered office if the member is a merchant as defined by the German Commercial Code (HGB), a legal entity under public law or a special fund under public law.

15. Severability clause

If any of the above terms and conditions is invalid in whole or in part due to statutory provisions, regulations or changes in the law, all other terms and conditions shall remain unaffected and shall continue to apply in full.

Buyer protection

What security do I have if I order via shopping cart and pay for the goods in advance?

In principle, all providers are checked for oldthing and unreliable providers are excluded. When evaluating and assessing how secure and trustworthy a supplier is, we recommend that you check the number of sales already made by the supplier and the latest customer ratings before placing an order.

So that your purchases are worry-free, we additionally secure every order in your shopping basket with up to 250 Euro.

In the unlikely event that something should really go wrong and, for example, the goods don`t arrive and you don`t get your money back, our bank protection program intervenes. We will then refund the purchase price (maximum 250 Euros per item) if no agreement can be reached with the supplier. It can take up to four weeks from the beginning of the claim settlement to the payment of the amount.

Should you still have any questions, or wish to secure your purchases with a purchase price of more than 250 euros,please feel free to contact us.