General Terms & Conditions
Terms, right of withdrawal and return information
1. Supplier
Antiquitäten-Haus Heymann GmbH
Managing Director: Sebastian Heymann
Elisabethenstraße 58, 64283 Darmstadt, Germany
Phone: +49 6151 997032
E-mail: info@antik-heymann.de
Darmstadt District Court . HRB 2666 . VAT ID DE111644697
2. Scope
These General Terms & Conditions apply to all contracts between Antiquitäten-Haus Heymann GmbH and its customers. Customers within the meaning of these terms are both consumers (sect. 13 BGB) and entrepreneurs (sect. 14 BGB).
For the paid online appraisal, the separate terms at www.antik-heymann.de/expertise/agb.php apply in addition and take precedence. Those terms also state that we use AI tools to support the preparation and that every appraisal is checked and approved personally by us before it is sent.
For the paid video service “Zweites Leben”, only the separate terms at www.antik-heymann.de/zweites-leben/agb.php apply, including their own cancellation policy for services; these terms do not apply to it.
The rental of furniture to businesses and self-employed persons is governed solely by the respective rental agreement; these terms do not apply to it. If the hirer buys a rented piece, these terms apply to that purchase.
3. Subject matter
The subject matter is the sale of used, antique furniture and furnishings. The goods offered are one-of-a-kind pieces, partially restored or conservatively treated. Age and use marks that are usually to be expected in antique furniture do not constitute a defect.
4. Conclusion of contract
The presentation of goods on the website does not constitute a binding offer. On request, we send you a non-binding offer by e-mail. If you accept it, for example by replying to our e-mail, you receive a proforma invoice for payment in advance. The purchase contract is concluded when we confirm the purchase to you by e-mail after receipt of your payment. Until then the piece may be sold elsewhere, and you are not bound by your acceptance either; in both cases we refund any payment already made without delay. In our shop, the contract is concluded on the spot.
Orders can be placed by e-mail, by phone, by letter or in our shop. Furniture cannot be ordered or paid for on the website.
5. Prices and shipping costs
All prices are final prices. Unless otherwise stated, the goods offered are subject to margin-scheme taxation pursuant to sect. 25a UStG, so no VAT is shown separately. Shipping and transport costs are calculated individually and communicated to the customer before contract. For deliveries to countries outside the European Union, customs duties, import VAT and fees may be charged in addition; these are borne by the customer.
6. Payment terms
The following payment methods are offered:
- in our shop: cash or debit card (girocard), also if you collect a piece bought in the shop later
- for orders by e-mail, phone or letter: bank transfer in advance, also on collection; delivery follows receipt of payment
For bank transfer in advance, please pay the total amount without deduction within 10 days of receiving the proforma invoice.
7. Delivery and collection
Delivery takes place after receipt of payment, within the approximate delivery time stated in the offer, otherwise within 30 days; we will agree the exact date with you. Depending on type and size of the goods, shipping is by forwarding agent or specialised furniture shippers. Individual packing or special transport may be required. Collection at the shop is possible by appointment.
8. Retention of title
The goods remain the property of Antiquitäten-Haus Heymann GmbH until full payment.
9. Right of withdrawal for consumers
Consumers have a right of withdrawal for contracts concluded exclusively by means of distance communication (e.g. e-mail, phone, letter) or away from our business premises. This also applies if you have viewed the piece at our shop beforehand. For purchases you conclude in our shop there is no statutory right of withdrawal; the following information does not apply to them.
The following withdrawal information does not apply to consumers habitually resident in the USA; the return policy in section 18 applies to them instead.
Withdrawal information
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, other than the carrier, acquires physical possession of the goods.
To exercise your right of withdrawal, you must inform us
Antiquitäten-Haus Heymann GmbH
Elisabethenstraße 58
64283 Darmstadt
Germany
Phone: +49 6151 997032
E-mail: info@antik-heymann.de
of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website (www.antik-heymann.de/en/vertrag-widerrufen.html). If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately EUR 800.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of withdrawal information
Note outside the withdrawal information: EUR 800 is a general estimate for returns within Germany. For your purchase, the amount stated in the withdrawal information of your offer applies.
10. Exclusion / expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (sect. 312g para. 2 no. 1 BGB).
This may apply in particular to furniture that we adapt to individual customer specifications (e.g. shortening of feet, upholstery in a fabric chosen by the customer, a colour finish requested by the customer).
The mere fact that our goods are antique one-of-a-kind pieces does not exclude the right of withdrawal.
11. Consequences of withdrawal
The consequences of withdrawal are set out in the withdrawal information in section 9 above.
12. Warranty
Towards consumers the statutory warranty rights apply with a limitation period of two years from handover of the goods (sect. 438 para. 1 no. 3 BGB).
Age- and use-related marks, patina, cracks, veneer lifting, woodworm holes (where not actively infested), minor losses and similar typical characteristics of antique furniture do not constitute a defect insofar as they are to be expected in antique furniture generally. The details in the product description form part of the agreed condition; the statutory requirements for the goods remain unaffected.
Towards entrepreneurs the warranty for used goods is excluded. Statutory liability for intent, gross negligence and injury to life, body or health remains unaffected.
In case of doubt or contradiction between the German and English versions of these terms, the German version prevails.
13. Liability
We are liable without limitation for damages arising from injury to life, body or health caused by negligent or intentional breach of duty, and for other damages caused by intentional or grossly negligent breach of duty.
For slightly negligent breach of material contractual obligations (cardinal obligations), our liability is limited to the foreseeable damage typical for the contract.
Any further liability for slight negligence is excluded. Mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.
14. Data protection
The current privacy policy on our website applies.
15. Applicable law and jurisdiction
The law of the Federal Republic of Germany applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Darmstadt.
16. Severability
Should any provision of these terms be invalid, the validity of the remaining provisions shall remain unaffected.
17. Consumer dispute resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body (sect. 36 VSBG).
18. Consumers habitually resident in the USA
(1) This section applies to purchase contracts with consumers who, when the contract is concluded, have their habitual residence in the United States of America, where the contract is concluded by e-mail, telephone or letter. It does not apply to purchases in our shop or to businesses.
(2) Notwithstanding section 15 sentences 1 and 2, the contract is governed by the law of the US state (including the District of Columbia) in which you have your habitual residence when the contract is concluded. Mandatory consumer protection provisions of that state remain unaffected.
(3) Sections 9 to 11 (right of withdrawal) do not apply. Instead, the following return policy applies:
a) You may return the goods if you notify us within 14 days of the day on which you, or a third party named by you other than the carrier, take possession of the goods. Notice in text form is sufficient, for example an e-mail to info@antik-heymann.de or the statement at www.antik-heymann.de/en/vertrag-widerrufen.html.
b) You ship the goods no later than 14 days after your notice, in the condition in which you received them, properly packed and insured, at your own cost and risk to our address in Darmstadt. Your costs include any customs duties, taxes and other charges arising from the return shipment, including on import into the European Union.
c) Within 14 days of receiving the goods, we refund the purchase price paid, less a return fee (restocking fee) of 25% of the purchase price, in euros to the account from which you paid. We do not refund the costs of the outbound shipment (shipping, packing, insurance) or customs duties, taxes and charges on import into the USA.
d) If the goods arrive damaged or altered, the refund is reduced by the resulting loss in value.
(4) We deliver within the approximate delivery time stated in the offer; its upper limit is decisive. If it becomes apparent that we cannot meet it, we will inform you before it expires and give you a new date. You may then cancel the contract and will receive all payments back within seven working days; no return fee is charged in that case.
(5) The risk of accidental loss of or damage to the goods passes to you when the goods are handed over to you or to a recipient named by you at the place of delivery. If you engage the carrier yourself, the risk passes on handover to that carrier.
(6) Your rights in case of defects remain unaffected by paragraph 3; they are governed by section 12 and become time-barred two years after handover. No return fee and no return shipping costs are charged for returning defective goods.
As of 6 November 2026