Terms and Conditions
This English version is provided for your convenience. Only the German version is legally binding.
The following General Terms and Conditions (T&C) govern the sale of products by Luis Hardy Buurman, Zernseestraße 3, 13599 Berlin, Germany, phone: +49 176 57731913, email: 19plug.shop@gmail.com, hereinafter referred to as the “Seller”, via the online shop at www.19plug.com.
§ 1 Scope
(1) These T&C apply to all contracts concluded between the Seller and consumers via the online shop at www.19plug.com.
(2) Deviating terms and conditions of the customer shall not apply unless the Seller expressly agrees to their validity in writing.
(3) The range of products offered comprises: the sale of used vintage designer clothing and vintage jeans, as well as new own-brand merchandise (textiles and accessories) under the 19plug brand.
§ 2 Conclusion of contract
(1) The contract is concluded with the Seller: Luis Hardy Buurman, Zernseestraße 3, 13599 Berlin, Germany.
(2) The language of the contract and of negotiations is German.
(3) The offers are directed at customers with a delivery address in one of the delivery countries stated in the online shop (see Shipping & Payment).
(4) The customer must be at least 18 years old.
(5) The presentation of the products in the online shop does not constitute a legally binding offer but an invitation to place an order. The customer submits a binding offer by completing the ordering process and clicking the “Buy now” button at the end. Receipt of the order is confirmed by an automatic email, which does not yet constitute acceptance of the offer. The purchase contract is only concluded upon an express confirmation of acceptance by email or upon dispatch of the goods.
(6) If the customer chooses financing as the payment method, the purchase contract is concluded subject to the condition precedent of final approval of the financing by the credit institution. If the financing is finally rejected by the credit institution, the purchase contract shall be deemed not to have been concluded and all services already rendered shall be reversed. The Seller will inform the customer of the rejection without delay.
(7) The order data is stored after conclusion of the contract.
(8) The customer agrees to receive invoices exclusively in electronic form. Electronic invoices are provided by email.
§ 3 Right of withdrawal
Consumers are entitled to the statutory right of withdrawal in accordance with the provisions of the German Civil Code (BGB). Further information can be found in the separate withdrawal policy. The withdrawal can also be declared electronically via the “Withdraw from contract” button in the footer of the online shop.
§ 4 Prices and shipping costs
(1) All prices stated are final prices. In accordance with § 19 UStG, no VAT is charged (small business regulation).
(2) The prices stated are exclusive of the respective shipping costs. Shipping costs depend on the delivery country and the chosen shipping method and are listed on the Shipping & Payment page. Within Germany, standard delivery is free of charge for orders of €100 or more. Shipping costs are also shown to the customer in the checkout before the order is placed.
(3) It may happen that products in the online shop are inadvertently labelled with an incorrect price. In such a case, the Seller will contact the customer before dispatching the goods to inform them that the actual price is higher and ask whether they wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the stated price, the Seller will charge the lower amount and send the product.
(4) The prices stated at the time of the order apply.
§ 5 Customs
(1) For orders delivered outside the European Union, import duties and taxes may be levied once the parcel reaches its destination. These additional charges must be borne by the customer; the Seller has no influence on these charges. As customs regulations vary from country to country, the customer should contact their local customs office for further information.
(2) For orders from outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which they receive the products.
§ 6 Terms of payment
(1) Payment of the purchase price is due upon conclusion of the contract. The customer may pay the purchase price using the payment methods offered in the online shop.
(2) PayPal: After completing the order, the customer is redirected to PayPal to make the payment. Dispatch takes place after confirmation of receipt of payment.
(3) Credit/debit card (Visa, Mastercard): The customer enters their card details during the ordering process. The amount is charged after dispatch of the goods.
(4) Klarna: The customer can pay via Klarna. The payment terms are determined by Klarna.
(5) Apple Pay: The customer confirms the payment via Apple Pay during the ordering process. The amount is charged after dispatch of the goods.
(6) Google Pay: The customer confirms the payment via Google Pay during the ordering process. The amount is charged after dispatch of the goods.
(7) Instalment purchase/financing: The customer can pay the invoice amount in instalments, provided the financing is approved by the credit institution Klarna Bank AB (publ), German Branch, Chausseestraße 117, 10115 Berlin. Dispatch takes place after confirmation of the financing.
(8) The invoice is sent by email upon dispatch of the goods.
(9) If the customer is in default of payment or a chargeback occurs, the Seller is entitled to claim damages for default (e.g. reminder fees, default interest, chargeback fees).
(10) Payment by sending cash or cheques is not possible.
§ 7 Retention of title
(1) The goods delivered remain the property of the Seller until the purchase price has been paid in full.
(2) The customer is obliged to treat the goods with care during the period of retention of title.
(3) The customer must notify the Seller without delay (e.g. by email) if the goods are seized or subject to other interventions by third parties.
§ 8 Delivery, cancellation and shipping
(1) Unless otherwise stated for the offer, the delivery time is expected to be 6 business days. The Seller endeavours to meet the stated delivery times. If delivery deadlines cannot be met, the customer will be informed without delay and any payments already made will be refunded.
(2) Unless otherwise agreed, delivery is made to the delivery address provided by the customer in one of the offered delivery countries. All information on availability, shipping or delivery times is non-binding unless expressly marked as binding.
(3) If it is determined during processing of the order that the products ordered are not available, the customer will be informed by email without delay. The customer’s statutory rights remain unaffected.
(4) Delivery depends on the payment method chosen by the customer. For prepayment, delivery takes place after receipt of payment. For all other payment methods, delivery takes place after conclusion of the contract.
(5) If the order is shipped in several parcels, the customer may receive a separate shipping confirmation for each parcel.
(6) The customer may cancel their order free of charge until the goods have been dispatched. After dispatch, cancellation is only possible in accordance with the provisions on the right of withdrawal.
(7) Partial deliveries are permitted insofar as they are reasonable for the customer. Additional shipping costs are only incurred if expressly agreed.
(8) If delivery of the goods fails due to the fault of the customer, the Seller reserves the right to withdraw from the contract. Any payments already made will be refunded to the customer without delay.
(9) If the Seller is unable to deliver the ordered goods through no fault of their own because the Seller’s supplier fails to fulfil its contractual obligations, the Seller is entitled to withdraw from the contract. In this case, the customer will be informed without delay and any payments already made will be refunded.
(10) If delivery of the ordered products is delayed or becomes impossible due to force majeure or other unforeseeable, extraordinary circumstances for which the Seller is not responsible – such as natural disasters, war, strikes or official measures – delivery periods shall be extended accordingly. The Seller will inform the customer of the non-availability without delay. In these cases, the Seller is entitled to withdraw from the contract. The customer will be informed of the withdrawal without delay and any payments already made will be refunded.
§ 9 Transport damage
(1) If you receive goods with obvious transport damage, please complain about such defects to the delivery agent immediately and contact us without delay.
(2) Failure to make a complaint or to contact us has no consequences for your statutory warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance.
§ 10 Warranty
The statutory warranty rights apply.
§ 11 Liability
(1) The Seller’s liability for breaches of contractual obligations and in tort is limited to intent and gross negligence. This limitation of liability does not apply in the event of injury to the life, body or health of the customer, to claims arising from the breach of material contractual obligations (cardinal obligations) or to compensation for damages caused by delay pursuant to § 286 BGB. In these cases, the Seller is liable for every degree of fault.
(2) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the Seller’s liability is limited in amount to the typically foreseeable damage. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.
(3) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the Seller’s legal representatives or vicarious agents.
(4) The statutory provisions apply to the limitation of claims for damages. The limitation period begins at the end of the year in which the claim arose and the creditor became aware, or should have become aware without gross negligence, of the circumstances giving rise to the claim and of the identity of the debtor (§ 199 (1) BGB).
(5) Liability under the German Product Liability Act remains unaffected.
§ 12 Data protection
(1) Personal data is collected and processed in accordance with the applicable data protection regulations. The Seller undertakes to treat customer data confidentially and not to pass it on to third parties unless this is necessary for the performance of the contract (e.g. to shipping and payment service providers), the customer has expressly consented or there is a legal obligation to do so.
(2) The customer has the right to obtain information about the data stored about them free of charge at any time and to request its correction, deletion or restriction of processing.
(3) Further information on data protection can be found in the Seller’s privacy policy.
§ 13 Force majeure
(1) Events of force majeure that make delivery significantly more difficult or impossible for the Seller entitle the Seller to postpone delivery for the duration of the hindrance or to withdraw from the contract in whole or in part with regard to the part not yet fulfilled.
(2) Force majeure includes all events beyond the Seller’s control whose occurrence was not foreseeable at the time the contract was concluded, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders or other serious operational disruptions through no fault of the Seller.
§ 14 Applicable law and place of jurisdiction
All legal relationships between the Seller and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
§ 15 Additional terms
“The vintage items offered are used goods. The condition of each item, including age-related signs of wear and use (e.g. wear, patina, stains), is described to the best of our knowledge in the respective product description and shown in the product photos.”
“Lighters are sold exclusively to persons aged 18 and over in accordance with the statutory provisions.”
“Vintage items are usually one-of-a-kind pieces. An identical item cannot be guaranteed once it has been sold.”
§ 16 Final provisions
(1) The language of the contract is German.
(2) The Seller does not offer products or services for purchase by minors. Persons under the age of 18 may only use the website with the involvement of a parent or legal guardian.
(3) Should individual provisions of these T&C be or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effects come closest to the economic objective that the contracting parties pursued with the invalid or unenforceable provision.
(4) The terms of sale, contractual terms and T&C in force at the time of your order apply to your order.
