CONDITIONS

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

(The following terms and conditions also contain legal information about your rights under the provisions on contracts
in distance selling and electronic commerce.)

1. SCOPE
2. OFFERS AND SPECIFICATIONS
3. ORDER PROCESS AND CONCLUSION OF CONTRACT
4. PRICES AND SHIPPING COSTS
5. DELIVERY, AVAILABILITY OF GOODS
6. PAYMENT METHODS
7. RESERVATION OF OWNERSHIP
8. WARRANTY AND WARRANTY
9. LIABILITY
10. SAVING THE CONTRACT TEXT
11. PRIVACY
12. JURISDICTION, APPLICABLE LAW, CONTRACTUAL LANGUAGE

1. SCOPE

1.1. For the business relationship between OM YA DESIGN, owner Kristina & Malte Spaniol,
ITPE GmbH, Brookring 9, 22889 Hamburg (hereinafter “seller”) and the customer (hereinafter “customer”) apply exclusively
following general terms and conditions in the version valid at the time of the order.
1.2. You can reach us for questions, complaints and complaints by e-mail at info@om-ya.de
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a
predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. OFFERS AND SPECIFICATIONS

2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to submit them
an order. Descriptions of services in catalogs and on the seller’s websites are not of the character an assurance or guarantee.
2.2. All offers apply “while stocks last”, unless the products state otherwise. Furthermore errors excepted.

3. ORDER PROCESS AND CONCLUSION OF CONTRACT

3.1. The customer can select products from the seller’s range without obligation and click the button in the
Collect the shopping cart in a so-called shopping cart. The customer can then use the
Click the “Proceed to checkout” button to complete the ordering process.
3.2. With the “Buy” button, the customer submits a binding request to purchase the goods in the shopping cart.
Before submitting the order, the customer can change and view the data at any time. Required information is marked with a
Marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the order
of the customer is listed again and which the customer can print out using the “Print” function (order confirmation).
The automatic confirmation of receipt only documents that the customer’s order has been received by the seller
is and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has ordered it
Product shipped to the customer within 2 days, handed over or dispatched to the customer within 2 days
with a second email, express order confirmation or sending the invoice.

4. PRICES AND SHIPPING COSTS

4.1. All prices stated on the seller’s website include the applicable prices
statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping cost will be
clearly communicated to the buyer on a separate information page and in the course of the ordering process.

5. DELIVERY, AVAILABILITY OF GOODS

5.1. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, provided that
this is reasonable for the customer.
5.2. Should the delivery of the goods fail due to the fault of the buyer despite three attempts to deliver, the
Seller withdraw from the contract. Possibly. Payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller with this product from his supplier without
If the supplier is not supplied with his own fault, the seller can withdraw from the contract. In this case the seller will
Inform customers immediately and, if necessary, suggest the delivery of a comparable product. If not
comparable product is available or the customer does not want delivery of a comparable product, the seller
reimburse the customer for any payments already made without delay.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries)
informed on a separate information page or within the respective product description.

6. PAYMENT METHODS

6.1. The customer can use the available payment methods as part of and before completing the order process
choose. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice
to take place. With all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with the payment processing, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer comes in by missing the appointment
Delay. In this case, the customer has to pay the statutory default interest.
6.5. The customer’s obligation to pay default interest includes the assertion of further default damages
not the seller.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or from which
Sellers are recognized. The customer can only exercise a right of retention if the claims result from the same
Contractual relationship result.

7. RESERVATION OF OWNERSHIP

The delivered goods remain the property of the seller until full payment has been made.

8. WARRANTY AND WARRANTY

8.1. The guarantee is determined according to legal regulations.
8.1. The goods delivered by the seller are only guaranteed if they have been expressly given. Customers
are informed about the guarantee conditions before the start of the ordering process.

9. LIABILITY

9.1. The seller’s liability for damages shall apply without prejudice to the other legal requirements
following disclaimers and limitations.
9.2. The seller has unlimited liability if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which is achieved
of the purpose of the contract or for the violation of obligations, the fulfillment of which is the proper implementation
of the contract is made possible in the first place and the customer regularly trusts that they will be observed. In this case the
Seller, however, only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent
Violation of obligations other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply to injury to life, limb and health, for a defect
after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability
according to the Product Liability Act remains unaffected.
9.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of
Employees, representatives and vicarious agents.

10. SAVING THE CONTRACT TEXT

10.1. The customer can print out the contract text before submitting the order to the seller by going through the last step
uses the print function of his browser when ordering.
10.2. The seller also sends the customer an order confirmation with all the order data to the one specified by him
Email address too. With the order confirmation, the customer also receives a copy of the terms and conditions along with cancellation policy and
the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop
you can view your orders in your profile area. We also save the
Contract text, however, do not make it accessible on the Internet.

11. PRIVACY

11.1. The seller processes the customer’s personal data for a specific purpose and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, email address,
Address, payment details) are used by the seller to fulfill and process the contract. This data will
treated confidentially and not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right to request information free of charge about the personal data provided by
Seller have been saved about him. In addition, he has the right to correct incorrect data, block and delete it
his personal data, as long as there is no legal retention requirement.
11.4. Further information on the type, scope, location and purpose of the collection, processing and use of the necessary
Personal data from the seller can be found in the data protection declaration.

12. JURISDICTION, APPLICABLE LAW, CONTRACTUAL LANGUAGE

12.1. Place of jurisdiction and place of performance is the seat of the seller, if the customer is a merchant, legal entity of the public
Is a legal or public special fund.
12.2. The contract language is German.

ALTERNATIVE DISPUTE RESOLUTION ACCORDING TO ART. 14 ABS. 1 ODR-VO AND § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at
https://ec.europa.eu/consumers/odr.
We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board
and not ready.