Terms and Conditions
(The following terms and conditions also contain legal information about your rights under the regulations on contracts
in distance selling and electronic commerce.)
1. SCOPE
2. OFFERS AND SERVICE DESCRIPTIONS
3. ORDERING PROCESS AND CONCLUSION OF CONTRACT
4. PRICES AND SHIPPING COSTS
5. DELIVERY, AVAILABILITY OF GOODS
6. PAYMENT METHODS
7. RETENTION OF TITLE
8. WARRANTY AND GUARANTEE
9. LIABILITY
10. STORAGE OF THE TEXT OF THE CONTRACT
11. PRIVACY
12. JURISDICTION, APPLICABLE LAW, CONTRACTUAL LANGUAGE
1. SCOPE
1.1. For the business relationship between OM YA DESIGN, owners Kristina & Malte Spaniol,
ITPE GmbH, Brookring 9, 22889 Hamburg (hereinafter “Seller”) and the customer (hereinafter “Customer”) apply exclusively
the 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 objections by email at info@om-ya.de
1.3. Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose
predominantly cannot be attributed to either their commercial or self-employed professional activity (§ 13 BGB).
1.4. Differing conditions from the customer will not be recognized unless the seller expressly agrees to their validity.
2. OFFERS AND SERVICE DESCRIPTIONS
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to submit them
an order. Service descriptions in catalogs and on the seller's websites have no character
a representation or guarantee.
2.2. All offers are valid “while stocks last”, unless otherwise stated for the products. Moreover
Errors are reserved.
3. ORDERING PROCESS AND CONCLUSION OF CONTRACT
3.1. The customer can select products from the seller's range without obligation and add them to the website using the button
Collect your shopping cart in a so-called shopping cart. The customer can then use the within the shopping cart
“Continue to checkout” button to complete the ordering process.
3.2. Using the “Buy” button, the customer submits a binding application to purchase the goods in the shopping cart.
Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with a
Marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email containing 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 simply 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 what has been ordered
Product shipped to the customer within 2 days, handed over or shipped to the customer within 2 days
confirmed with a second email, express order confirmation or sending of the invoice.
4. PRICES AND SHIPPING COSTS
4.1. All prices stated on the seller's website are inclusive of those in force at the time
statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be
clearly communicated to the buyer on a separate information page and during 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
this is reasonable for the customer.
5.2. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the buyer may
Seller withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is without this product from his supplier
If the goods are not delivered due to their own fault, the seller can withdraw from the contract. In this case the seller will
Inform customers immediately and, if necessary, suggest delivery of a comparable product. If none
If a comparable product is available or the customer does not wish to receive a comparable product, the seller will do so
immediately reimburse the customer for any consideration already provided.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries).
on a separate information page or within the respective product description.
6. PAYMENT METHODS
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process
choose. Customers are informed about the payment methods available 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 be done. For all other payment methods, payment must be made in advance without deductions.
6.3. Are third-party providers commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already liable for missing the appointment
Default. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest excludes the assertion of further damages caused by default
not the seller.
6.6. The customer only has the right to offset if his counterclaims have been legally established or by the
Sellers are recognized. The customer can only exercise a right of retention to the extent that the claims arise from the same
contractual relationship result.
7. RETENTION OF TITLE
The delivered goods remain the property of the seller until full payment has been made.
8. WARRANTY AND GUARANTEE
8.1. The warranty is determined by legal regulations.
8.1. A guarantee only exists for the goods delivered by the seller if this has been expressly provided. Customers
will be informed about the guarantee conditions before the ordering process is initiated.
9. LIABILITY
9.1. The seller's liability for damages applies without prejudice to the other statutory claims requirements
the following disclaimers and limitations of liability.
9.2. The seller is liable without limitation if the cause of the damage is due to intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which prevents the achievement
the purpose of the contract is jeopardized, or for the breach of obligations whose fulfillment prevents the proper implementation
of the contract is made possible in the first place and compliance with which the customer regularly relies on. In this case he is liable
However, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for slight negligence
Violation of obligations other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body or health due to a defect
after assuming a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability
according to the Product Liability Act remains unaffected.
9.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of
Employees, representatives and vicarious agents.
10. STORAGE OF THE TEXT OF THE CONTRACT
10.1. The customer can print out the text of the contract before submitting the order to the seller in the last step
uses the print function of his browser to place the order.
10.2. The seller also sends the customer an order confirmation with all order details to the address provided by him
email address. With the order confirmation, the customer also receives a copy of the general terms and conditions along with cancellation instructions
the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop
you can view your placed orders in your profile area. In addition, we save the
text of the contract, but 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 legal regulations.
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 processes.
11.3. The customer has the right, upon request, to receive information free of charge about the personal data provided by the
Sellers were saved about him. In addition, he has the right to correct incorrect data, block it and delete it
his personal data, unless there is a statutory retention requirement to the contrary.
11.4. Further information about the type, scope, location and purpose of the collection, processing and use of the necessary data
Personal data provided by the seller can be found in the data protection declaration.
12. JURISDICTION, APPLICABLE LAW, CONTRACTUAL LANGUAGE
12.1. The place of jurisdiction and place of performance is the seller's registered office if the customer is a merchant, a public legal entity
Is a legal or public law special fund.
12.2. The contract language is German.
ALTERNATIVE DISPUTE RESOLUTION IN ACCORDANCE WITH 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 resolution procedure before a consumer arbitration board
and not ready.