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Everything from a single source.
General Terms and Conditions
State: February 09, 2017 – Version: 1.05
Certified Translation from the German Language
The General Terms and Conditions of:
KuSeRa An- und Verkauf
Weißenburger Str. 43
13595 Berlin / Germany
Phone: 030 – 36 757 152
VAT-ID-no.: DE 225945247
are as follows:
1. General Provisions
Erika Gutleb (hereinafter called KuSeRa) is offering various articles, except for building materials, for sale via the online shop under the domain shop.kusera.de/en_GB; said articles include used as well as new articles.
The following General Terms and Conditions shall apply to the entire business relationship established via the online shop between KuSeRa and the customer.
Customers within the meaning of these General Terms and Conditions shall include consumers as well as entrepreneurs.
Consumer shall include every natural person concluding a legal transaction for a purpose which, for the most part, can neither be attributed to his or her commercial activities nor to his or her professional freelance activities.
Entrepreneur is defined as natural person, legal entity or partnership having legal capacity who or which is acting in the exercise of his/her/its commercial or professional freelance activities when concluding legal transactions.
2. Coming into Existence of the Contract
The products and services offered within the online shop shall not constitute offers having a binding effect on KuSeRa, but invitations to the customer to submit a binding offer by placing a purchase order.
By sending the purchase order from the “virtual shopping basket“, the customer shall place a binding purchase order for the articles in said shopping basket. Prior to making a final contractual declaration, the customer shall be requested to check and, where appropriate, to confirm the information submitted. In the event of input errors, if any, it will be possible to go back to the preceding website via the respective function of the used browser in order to render new information. The receipt of said purchase order shall immediately be confirmed by KuSeRa per email.
KuSeRa shall be entitled to accept the contractual offer of the customer within a term of 3 (three) working days after receipt of the purchase order. The contract with the customer shall come into existence upon explicit acceptance of the purchase order by KuSeRa only.
KuSeRa shall not assume a procurement risk and reserves the right to withdraw from its obligation to fulfil the contract in case of receiving incorrect or improper deliveries from its suppliers. The responsibility of KuSeRa in the event of intentional behaviour or negligence according to the liability provisions set forth in Art. 10 of these General Terms and Conditions shall, however, remain unaffected. If the contract cannot be fulfilled or can only be fulfilled in part KuSeRa shall give the customer immediate notice in this respect; in the event of a withdrawal from the contract, the consideration shall immediately be repaid to the customer.
The contract language shall be the German language.
The contract text shall not be stored for purchase completion purposes after contract execution; as a consequence, it shall no longer be available for the customer and cannot be retrieved again on the website under his or her membership data. During the ordering procedure, however, the decisive website may be printed via the print function of the browser. In any case, further information shall be sent to customers in the course of the completion of the purchase after contract execution.
3. Right of Revocation and Consequences of Revocation
In case of distance contracts, consumers have a right of revocation. As a consumer, you shall therefore be entitled to revoke your statement to execute the contract in line with the following revocation instructions:
Right of Revocation
You shall be entitled to revoke this contract within a period of fourteen days without being obliged to indicate the reasons therefore.
The revocation period shall amount to fourteen days as from the date on which you or a third party – other than a carrier - denominated by you has taken the goods in his or her possession.
In order to execute your right of revocation you must give us (KuSeRa An- und Verkauf – Erika Gutleb –Weißenburger Str. 43 in D-13595 Berlin; phone: +49 (0)30 – 36 75 71 52; email: firstname.lastname@example.org) notice of your decision to revoke the contract by means of a clear and unequivocal statement (e.g. a letter sent by mail or an email message). For said purpose, you may – but are not obliged to - use the enclosed revocation model form.
The revocation period shall be deemed to have been observed if the notice of your execution of your right of revocation has been dispatched prior to the expiry of the revocation period.
Consequences of Revocation
In the event of a revocation, we shall be obliged to return all payments received from you, inclusive of delivery costs (except for the additional costs resulting from your choice of another kind of delivery than the most favourable standard delivery offered by us) to you without any delay and in any case not later than within a term of fourteen days after the date on which the notification of your revocation of this contract has been received by us. The amounts to be reimbursed shall be repaid by those means of payment used by you during the original transaction, unless explicitly otherwise agreed with you; in no case, we will charge you any fees due to said repayment. We shall be entitled to refuse said repayment until our receipt of the goods returned by you or until you have provided evidence that the goods have been dispatched by you, whichever is earlier.
You shall be obliged to return the goods or hand them over to us not later within a term of fourteen days after the date on which you give us notice of your revocation of this contract. Said term shall be deemed to have been observed if you dispatch the goods prior to the expiry of said period of fourteen days. The direct costs for the return of the goods shall be borne by you.
You shall only be liable for a diminished value of the goods if the loss of value is due to a treatment or handling of the goods other than what is necessary to ascertain the quality, features and functions of the goods.
Annex: Revocation model form
Revocation Model Form
according to Annex 2 to Title 246a Section 1 paragraph 2 sentence 1 no. 1 and Section 2 paragraph 2 no. 2 of the Introductory Law to the German Civil Code (EGBGB)
(If you want to revoke the contract you are kindly asked to complete this form and return it to us.)
- To: KuSeRa An- und Verkauf – Erika Gutleb –Weißenburger Str. 43 in D-13595 Berlin; email: email@example.com
- I/we (*) hereby revoke the contract about the purchase of the following goods (*)/the rendering of the following services (*), as concluded by me/us(*)
- ordered on(*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature(s) of consumer(s) (only if notice is given on paper)
(*) delete as appropriate
4. Prices, Delivery and Shipping Costs
The prices listed within the online shop shall be final prices. Thus, they shall include all price components inclusive of taxes, if any; in the event of cross-border deliveries, however, further taxes (e.g. in case of an intra-Community acquisition) and / or duties (e.g. customs duties) may become payable by the customer in individual cases.
Delivery and shipping costs shall not be included in the purchase price. Consequently, delivery and shipping charges shall in any case result from both domestic and international deliveries of goods and must also be borne by the customer; said charges shall depend upon the respective specific description of the goods and the shipping details included in said description; otherwise, more detailed information for calculation purposes shall be given via the online shop.
5. Payment Terms
KuSeRa shall accept the payment methods listed on the respective offering website and made available to the customer for choice. The customer shall be entitled to select the preferred payment method from the alternatives made available. A collection of the goods by the customer shall be possible against cash payment; the customer is asked to agree a collection date with us.
In the event of a payment by bank transfer or PayPal, the customer shall be obliged to pay the purchase price plus delivery and shipping charges not later than within 10 (ten) days after receipt of the request for payment without any deductions. Bank details shall be communicated together with the request for payment.
For the time of a delay in payment, if any, consumers shall be obliged to pay delay interests on the money debt at a rate of 5 percentage points above the basis interest rate.
Entrepreneurs shall be obliged to pay interests on the money debt at a rate of 8 percentage points above the basis interest rate for the time of a delay in payment, if any. We reserve the right to demonstrate loss or damage justifying higher default interests and to claim such higher amounts.
The customer shall only be entitled to exercise a right of retention if the counterclaim is based upon the same contractual relationship.
6. Delivery and Shipment Terms
Delivery of the goods shall be made against prepayment and by shipment, unless otherwise explicitly agreed upon. The goods shall be dispatched not later than within a term of three days after the purchase price has been received (e.g. in case of bank transfer in advance or PayPal payment).
The risk of accidental destruction or accidental deterioration of the sold goods shall, in the event of deliveries to entrepreneurs, pass to the entrepreneur upon handover to said entrepreneur or a person authorized to accept service and, in the event of a sale involving carriage of goods, as soon as upon handover of the goods to a person charged with the carriage of the goods. In case of deliveries to consumers, the risk of accidental destruction or accidental deterioration of the sold goods shall in any case pass to the consumer upon handover of the goods to the consumer. In case of a default of acceptance by the customer, handover shall be deemed to have taken place and the risk shall be deemed to have passed to the customer.
The customer assures to have indicated the correct and complete delivery address when placing the purchase order. If incorrect or incomplete address data result in additional costs during shipment – such as newly arising shipping charges – the customer shall be obliged to reimburse such costs.
7. Reservation of Title
KuSeRa shall reserve title to the goods until they have been completely paid for. If the customer is an entrepreneur KuSeRa shall reserve title to the goods until all claims KuSeRa is entitled to assert against the purchaser on the basis of the business relationship have been settled.
8. Reporting of Damages in Transit
The goods delivered by the carrier shall be inspected with respect to their completeness and proper condition immediately upon their arrival. Any obvious damage shall immediately be reported to the carrier. In the event of a partial loss or damage to the goods which could not be detected in the packaged condition, the loss or damage shall be reported to KuSeRa within a term of 5 days or to the carrier within a term of 7 days. Warranty rights and claims, if any, of the customer shall not be affected by this regulation in Art. 8. Consequently, Art. 8 of these General Terms and Conditions shall not constitute a limitation period with respect to the customer’s rights according to Art. 9 and Art. 10 of these General Terms and Conditions.
9. Warranty Provisions
In connection with a purchase of goods, consumers are entitled to statutory warranty rights. In the event of defects of the goods, you as a customer shall therefore be entitled to assert warranty claims according to the following regulations. As a rule, KuSeRa shall not grant any own warranties or guarantees; for this reason, the mere presentation of the articles in the online shop must principally be regarded as a mere product description only.
Inquiries and / or complaints of any kind shall be directed to KuSeRa via the contact details preceding these General Terms and Conditions.
No warranty shall be provided in the event of damages resulting from an improper treatment or use of the goods by the customer.
If purchased goods are defective the customer shall be entitled to claim subsequent performance if and to the extent that the conditions provided for in the statutory regulations with respect to rights in case of defects are fulfilled.
To this extent, consumers shall – within the scope of subsequent performance – be entitled to choose whether subsequent performance is to be made by improvement or replacement. The seller shall, however, have the right to refuse the chosen kind of subsequent performance if it is only possible by incurring unreasonable costs and the other alternative of subsequent performance can be carried out without entailing material disadvantages for the consumer.
If the customer is an entrepreneur the seller shall – in case of defective goods – initially perform its warranty obligations at its option either by improvement or replacement.
The limitation period for rights of consumers in case of defects of a new article shall amount to 2 (two) years and for rights of entrepreneurs to 1 (one) year – in each case after the goods have been handed over to the customer. In case of used articles, the limitation period for the rights of consumers shall amount to 1 (one) year after handover; entrepreneurs shall not be entitled to assert claims due to defects of a used item. The preceding reduced limitation periods shall not apply to the extent that the seller is liable according to Art. 10 of these General Terms and Conditions or if rights in rem held by a third party and justifying a request for surrender of the delivered item are concerned.
The rights of recourse of entrepreneurs, as provided for in Sections 478, 479 of the German Civil Code (BGB) shall remain unaffected by the provisions set forth in Art. 9 paragraphs 1 through 7 inclusively.
Entrepreneurs shall be obliged to report obvious defects within a term of 2 (two) weeks after receipt of the goods by using the contact details mentioned above; otherwise, warranty claims shall be excluded. Said term shall be deemed to have been observed if the notice of defect has been dispatched in due time.
10. Liability Provisions
According to statutory provisions, KuSeRa shall be liable without any restrictions for injury to life, body or health due to a negligent or intentional violation of duties and for any other damage resulting from a grossly negligent or intentional violation of duties as well as for malice or bad faith.
In addition, KuSeRa shall be liable without any restriction for any damage subject to liability according to compulsory statutory provisions such as the product liability act or if and to the extent that the seller has assumed a warranty for features of goods sold or a warranty according to which goods sold are supposed to maintain certain features for a certain period of time.
If a damage results from simple or slight negligence KuSeRa shall be liable to the extent that such negligence involves a violation of contractual duties the fulfilment of which is essential for the due and proper implementation of the contract and on which the customer can regularly and reasonably rely on (so-called cardinal duties). In such cases, the liability of KuSeRa shall be limited to the foreseeable damage typical for the contract.
In the event of slightly negligent violations of contractual duties not covered by Art. 10.3 (so-called insignificant contractual duties), KuSeRa shall be liable towards consumers; in such cases, however, said liability shall be limited to the foreseeable damage typical for the contract.
Any further liability shall be excluded irrespective of the legal nature of the asserted claim.
11. Final Provisions
The applicable law shall be the law of the Federal Republic of Germany. With respect to consumers concluding the contract for other than for professional or commercial purposes, this choice of law shall apply in so far only as the protection granted by compulsory regulations under the law of the state where the consumer has his or her usual place of residence has not been withdrawn.
The provisions set forth in the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.
If the customer does not have a general place of jurisdiction in Germany or in the event that the customer’s place of residence or usual whereabouts are unknown at the time of the institution of proceedings, the place of business of KuSeRa shall be the exclusive place of jurisdiction for all disputes arising from this contract. The right to file claims with a court at another statutory place of jurisdiction shall remain unaffected.
12. Online Settlement of Disputes / OS-Platform
According to (EU) Directive no. 524/2013 and via an interactive website electronically accessible in all official languages of the institutions of the European Union, the European Commission provides a European Platform for the settlement of disputes arising between consumers resident in the European Union and entrepreneurs having their registered place of business in the European Union from the online sale of goods or from rendering services via the internet (so-called OS Platform / URL: https://ec.europa.eu/odr).
In order to file a complaint on this so-called OS Platform, consumers must complete an electronical complaint form. The individual information to be mandatorily rendered when lodging the complaint are listed in the Annex to (EU) Directive no. 524/2013.
13. Conciliations for Consumers
KuSeRa is, as a rule, not willing and not obliged to participate in dispute settlement procedures before a consumer conciliation board