Conditions
(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 OF APPLICATION
2. OFFERS AND PERFORMANCE 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. GUARANTEE AND WARRANTY
9. LIABILITY
10. SAVING THE CONTRACT TEXT
11. PRIVACY
12. JURISDICTION, APPLICABLE LAW, CONTRACTUAL LANGUAGE
1. SCOPE OF APPLICATION
1.1. For the business relationship between OM YA DESIGN, owner Kristina & Malte Spaniol,
ITPE GmbH, Brookring 9, 22889 Hamburg (below referred to as “seller”) and the customer (below referred to as “customer”) the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach us for questions, complaints and reclamation by e-mail via info@om-ya.de
1.3. According to these terms and conditions a customer is any natural person who concludes a legal transaction which cannot be attributed predominantly neither for their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not accepted unless the seller explicitly agrees to their validity.
2. OFFERS AND PERFORMANCE SPECIFICATIONS
2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to submit
an order. Descriptions of services in catalogs and on the seller’s websites are not to be characterised as an assurance or guarantee.
2.2. All offers apply “as long as stocks last”, unless the status of the products states otherwise. Errors and omissions excepted.
3. ORDER PROCESS AND CONCLUSION OF CONTRACT
3.1. The customer can select products from the seller’s range without obligation and collect them via the indicated button in a so-called shopping cart. The customer can then use the button “proceed to checkout” to complete the ordering process.
3.2. With the boten “buy” 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 an asterisk (*).
3.3. The seller subsequently sends the customer an automated 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 automated confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller has shipped or handed the product to the customer within 2 days, or confirmed the purchase to the customer within 2 days
with a second email, explicitly confirming the purchase or sending the related invoice.
4. PRICES AND SHIPPING COSTS
4.1. All prices stated on the seller’s website include the applicable prices of the current value added 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 GOOD
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 is allowed to withdraw from the contract. If necessary payments made will be refunded to the customer immediately.
5.3. If without the sellers fault the ordered product is not available to the seller himself because the supplier did not deliver the ordered product the seller can withdraw from the contract. In this case the seller will
inform the affected customers immediately and, if necessary, suggest the delivery of a comparable product. If no
comparable product is available or the customer does not want the delivery of a comparable product, the seller immediately will refund the customer for any payments already made.
5.4. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries)
on a separate information page or within the respective product description.
6. PAYMENT METHODS
s6.1. Before completing the order process the customer can choose in between the available payment methods.
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 completed within 30 days after receiving the invoice and product. 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 is in delay with his payment as soon as he misses the mentioned deadline of payment. In this case, the customer has to pay the statutory default interests.
6.5. The liability of the customer to the payment of interests for delay does not exclude the assertion of other default damages by the supplier.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or are approved by the seller. The customer can only apply a right of retention if the claims result from the same contract.
7. RESERVATION OF OWNERSHIP
The delivered goods remain in the property of the seller until full payment has been made.
8. GUARANTEE AND WARRANTY
8.1. The guarantee is determined according to legal regulations.
8.1. The goods delivered by the seller are only guaranteed if a guarantee is explicitly been handed out to the customer. 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 irrespective of the other legal requirements, disclaimers and limitations listed in the following.
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 violation of essential obligations, which threaten the achievement of the purpose of the contract by being violated or the violation of obligations, which are necessary to fulfill the proper implementation
of the contract in the first place and on which the customer relies regularly. In this case the
seller, however, is only liable 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 Law 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 using the print function of his browser while going through the last step of ordering.
10.2. The seller also sends the customer an order confirmation with all the ordering data to the given Email address. 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 be
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 his personal data saved by the seller. In addition, he has the right to correct incorrect data bout himself, block and delete 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 performed by 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 head office of the seller, if the customer is a merchant, legal entity of the public or a special fund under public law.
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 and not willing to participate in a dispute settlement procedure before a consumer arbitration board.
