General terms and conditions of business
TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
TABLE OF CONTENTS
Conclusion of contract
Right of withdrawal
Prices and payment terms
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Redeem promotional vouchers
Redeem gift vouchers
Place of jurisdiction
Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Om Trading Company UG (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller goods presented in its online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These general terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.4 Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) CONCLUSION OF THE CONTRACT
2.1 The product descriptions contained in the seller's online shop do not represent binding offers from the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, he submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending a written order confirmation or an order confirmation in text form (fax or e-mail) to the customer, 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 asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day after the offer was sent. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.6 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available 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 called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 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, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 German and English are available for the conclusion of the contract.
2.9 The order processing and contact is usually made 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 the 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 by third parties commissioned with order processing 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 cancellation can be found in the seller's cancellation policy.
4) PRICES AND PAYMENT TERMS
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If you select a payment method offered via the “Shopify Payments” payment service, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, about which the customer may be informed separately. You can find more information about “Shopify Payments” online at https://www.shopify.com/legal/terms-paids-de .
5) DELIVERY AND SHIPPING TERMS
5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.
5.2 If 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 shipping costs if the customer effectively exercises his right of withdrawal. If the customer effectively asserts his or her right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the other person or institution managing the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has handed over the goods to the transporter,
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The seller will use all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Collection by the customer is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- via download
- by email
- Post Office-
6) RESERVATION OF TITLE
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- The seller is entitled to choose the type of supplementary performance;
- In the case of new goods, the limitation period for defects is one month from delivery of the goods;
- in the case of used items, the rights and claims due to defects are excluded;
- the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
7.3 The above limitations of liability and shortening of deadlines do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for items that were used for a building in accordance with their normal use and caused its defects,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.4 For entrepreneurs, the statutory limitation periods for any legal recourse claims remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to investigate and report complaints in accordance with Section 377 of the German Commercial Code (HGB). If the customer does not comply with the reporting obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this obligation, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Redeeming promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
8.2 Individual products can be excluded from the voucher campaign if the content of the campaign voucher results in a corresponding restriction.
8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
8.4 Several promotional vouchers can also be redeemed for one order.
8.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
8.7 The remaining amount of a promotional voucher will not be paid out in cash or with interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is intended exclusively for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
9) Gift voucher redemption
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and the balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
9.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
9.4 Multiple gift vouchers can be redeemed for one order.
9.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
9.7 The balance of a Gift Voucher will not be paid out in cash or interest.
9.8 The gift voucher is intended solely for use by the person named on it. The gift voucher cannot be passed on to third parties. The seller is entitled, but not obliged, to check the material authorization of the respective voucher holder.
10) GOVERNING LAW
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable property. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, insofar as the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always 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 at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the 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 willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.