General terms and conditions with customer information

Index

  1. Area of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Reservation of ownership
  7. Liability for defects (warranty)
  8. Redemption of promotion vouchers
  9. Redemption of gift vouchers
  10. Applicable law
  11. Place of venue
  12. Alternative dispute resolution

1) Area of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of O’ave GmbH (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with respect to the goods displayed by the Seller in its online shop. Herewith the inclusion of the customer’s own conditions is contradicted, unless otherwise agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.

1.3 Consumer in the sense of these terms and conditions is every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail or online contact form.

2.3 The seller can accept the customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4If the payment method “PayPal Express” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as payment method during the online order process, he/she also places a payment order with PayPal by clicking the button that completes the order process. In this case, the Seller hereby declares the acceptance of the Customer’s offer at the time when the Customer initiates the payment process by clicking the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The seller will not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 The order processing and contacting is usually done by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of revocation can be found in the revocation instruction of the seller.

3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the transfer of money even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) is/are communicated to the customer in the online shop of the seller.

4.4If payment is made by means of a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

4.5 If the payment method “IMMEDIATELY / SOFORT” is selected, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in “SOFORT”, identify himself accordingly during the payment process and confirm the payment order to “SOFORT”. The payment transaction is executed immediately afterwards by “IMMEDIATELY/SOFORT” and the customer’s bank account is debited. The customer can find more detailed information on the “IMMEDIATE/SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, the delivery of goods shall be made by dispatch to the delivery address indicated by the customer. When processing the transaction, the delivery address given in the order processing of the seller is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of revocation by the customer, the provision made in the seller’s revocation instruction shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Coupons are given to the customer as follows:

– via E-Mail

6) Reservation of ownership

If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8) Redemption of promotion vouchers

8.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. A subsequent offsetting is not possible.

8.4 Only one promotion voucher can be redeemed per order.

8.5 The value of goods must be at least the amount of the promotion coupon. Any remaining credit will not be refunded by the seller.

8.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

8.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.

8.8 The promotion voucher will not be refunded if the customer returns the goods wholly or partially paid for with the promotion voucher within the scope of his statutory right of revocation.

8.9 The promotion coupon is transferable. The seller can make payments with discharging effect to the respective owner who redeems the promotion voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective owner.

9) Redemption of gift vouchers

9.1 Coupons that can be purchased via the Seller’s online shop (hereinafter “gift coupons”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

9.2 Gift coupons and remaining credit balances of gift coupons are redeemable until the end of the third year after the year of the coupon purchase. Remaining credit balances are credited to the customer until the expiry date.

9.3 Gift coupons can only be redeemed before the order process is completed. A subsequent offsetting is not possible.

9.4 Only one gift coupon can be redeemed per order.

9.5 Gift Coupons can only be used for the purchase of goods and not for the purchase of other gift certificates.

9.6 If the value of the gift coupon is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7 The credit balance of a gift coupon is neither paid out in cash nor does it bear interest.

9.8 The gift coupon is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift coupon in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization to represent the respective owner.

10) Applicable law

10.1 The law of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10.2 Furthermore, this choice of law with regard to the statutory right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

11) Place of venue

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer’s place of business is outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the seller is in any case entitled to appeal to the court at the customer’s registered office.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

 
© IT-Recht Kanzlei
 

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Version: 202006020140

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