TERMS & CONDITIONS
Section 1 SCOPE AND DEFINITIONS
(1) The present General Terms and Conditions shall apply to all and any business relations between us and the Customer in the version applicable at the time when the order is placed.
(2) A “Consumer” within the meaning of the present General Terms and Conditions shall be any natural person maintaining business relations with us for a purpose which can be predominantly attributed to neither their commercial nor to their self-employed professional activity (section 13 of the German Civil Code [BGB]).
(3) An “Entrepreneur” within the meaning of the present General Terms and Conditions shall be all and any natural or legal persons or partnerships with legal personality who or which enter into business relations with us acting in the exercise of their commercial or self-employed professional activity (section 14 of the Civil Code).
(4) Both Consumers and Entrepreneurs shall be understood as “Customers” within the meaning of the present General Terms and Conditions.
(5) Derogating general terms and conditions contradicting our General Terms and Conditions, deviating therefrom or supplementing same shall not become part of the present Contract, even if they are known, unless explicit written consent is given to their application.
Section 2 EFFECTIVE CONCLUSION OF THE PRESENT CONTRACT
(1) The following provisions regarding conclusion of contract shall apply to orders in our Internet shop https://www.da27store.com.
(2) If a contract is effectively concluded, it shall be deemed to have been concluded with
OG Logistik GmbH
represented by the Managing Director Roberto Aufiero
(3) The placing of goods in our Internet shop shall not constitute a legally-binding offer on our part to conclude a contract, but shall be merely deemed to constitute a non-binding invitation to the Customer to order such goods. In the event of the Customer ordering the desired goods, he/she shall thereby submit an offer, which shall be binding on him/her, to conclude a purchase agreement.
(4) A binding offer of contract shall be deemed to have been submitted by the Customer if he/she completes in full the ordering process described below:
a) selection of the desired goods
b) confirmation by clicking on the “Add to Basket” button
c) verification of all information in the Basket
d) clicking on the “Next” button
e) registration in the webshop subsequent to registration and entry of the log-in data (e-mail address and password) or Order as a Guest
f) verification and correction of the data entered
g) binding sending off of the order by clicking on the “Buy Now” button.
Prior to bindingly placing the order, the Customer can click on the “Go back” button of his/her Internet browser, after verifying his/her data, and return to the page on which the information was collected that was provided by the Customer during the ordering process. Any errors can be corrected here, or the ordering process can be ended by closing the Internet browser.
Once we have received the order, we will confirm it by sending an automatically-drafted e-mail. This e-mail does not however constitute acceptance of the offer on our part. We accept the offer in writing, in text form, or by sending the goods.
(5) We store the wording of the contract and send you the data relating to your order, as well as our General Terms and Conditions, by e-mail. You can also retrieve the General Terms and Conditions at https://www.da27store.com/info/agb. You can view your past orders in our Customer area at My Account --> View My Orders.
Section 3 PROVISIONS RELATING TO PRICES, DELIVERY RATES, PAYMENT AND DUE DATES
(1) All and any prices which we quote in our Internet shop are inclusive of the statutory value-added tax and other price components. They do not include any delivery costs or cash-on-delivery costs. These are invoiced separately.
(2) Payment shall be effected in advance (bank transfer), via PayPal, by credit card (Mastercard, Visa), on account or by cash-on-delivery. Payment via cash-on-delivery is however only possible for dispatch within the Federal Republic of Germany. We reserve the right to require payment in advance for the order that has been placed in order to protect against credit risk, depending on the Customer’s creditworthiness.
(3) If a Customer selects PayPal or payment in advance as the payment method, he/she shall be obliged to pay the corresponding purchase price without delay after conclusion of the contract. Should the Customer select payment by direct debit or credit card, his/her account shall be charged prior to the delivery of the ordered goods. If we deliver via cash-on-delivery, the purchase price claim shall become due when the Customer receives the goods. Should we deliver on account, the purchase price claim shall become due within two (2) weeks of receipt of the goods.
(4) The Customer shall receive an invoice with the goods delivery. In the case of partial deliveries, an invoice for the instalment shall be issued to the Customer.
(5) An Entrepreneur shall incur interest in respect of monetary debts during the period of arrears at 8 percentage points above the base rate. We however reserve the right to assert higher default damages vis-à-vis an Entrepreneur.
(6) An Entrepreneur shall only be entitled to offset amounts if his/her counterclaims which he/she would like to offset are uncontested or have been established with legal force.
Section 4 DELIVERY AND TRANSFER OF RISK
(1) Unless we explicitly state otherwise in the product description, all and any goods which we place in the Internet shop are ready for immediate dispatch. The start and term of the delivery period shall be determined in accordance with section 4 subsection (2) (depending on the payment method selected). Should several goods items be ordered with differing delivery periods, it can be anticipated that the delivery shall be effected in the delivery period of the product with the longest stated delivery period.
(2) If payment is effected by advance payment/bank transfer or PayPal, the delivery period shall commence one day after we receive payment. The period shall commence one day after the order is placed with regard to all other means of payment. If the start or the end of the stated delivery period falls on a Saturday, Sunday or statutory holiday, the beginning of the period and/or its end shall fall on the next working day.
(3) In the event that the Customer is a Consumer, the transfer of risk of accidental destruction and incidental impairment of the goods item shall not take place until the goods item is delivered to the Customer.
(4) In the event that the Customer is an Entrepreneur, the transfer of risk of accidental destruction and incidental impairment of the goods item shall already take place when we hand the goods item over to the logistics enterprise commissioned by us.
(5) In the event that the Customer is an Entrepreneur, we herewith reserve the right to determine a new, suitable delivery period in the event that a delivery deadline cannot be met for reasons beyond our control. The Customer shall be informed without delay that the delivery deadline cannot be met. If we are still unable to deliver the article that has been ordered within the newly-determined period, we shall be entitled in the case of Entrepreneurs to withdraw from the contract. Should the Customer have already effected payment, we shall refund same without delay.
Section 5 RETENTION OF TITLE
(1) In the event that the Customer is a Consumer, we herewith reserve the right to retain title of the goods until such time as the purchase price has been paid in full.
(2) In the event that the Customer is an Entrepreneur, we herewith retain title of the goods until full payment has been effected of all and any claims emerging from the ongoing business relationship. Should the value of the reserved goods exceed the claims to which the security applies from the ongoing business relationship by 10 %, we shall be obliged to release the reserved goods.
(3) In the event that the Customer is an Entrepreneur, the latter may re-sell the goods in the ordinary course of business. In this event, he/she already assigns to us all and any claims in the amount of the invoice amount accruing to the Customer by virtue of re-sale to third parties vis-à-vis such parties. We herewith already accept such assignment. The Entrepreneur is herewith empowered by us to collect the claim subsequent to the assignment. We however reserve the right to collect the claim ourselves, should the Entrepreneur fail to properly fulfil his/her payment obligations and incur payment arrears. Any processing of the delivered goods by an Entrepreneur shall be deemed to be effected in our name and for us on our behalf. Should an Entrepreneur have processed the goods, we shall obtain co-ownership of the new item. Such co-ownership shall be calculated in the ratio to the value of the goods delivered by us. The same shall apply if an Entrepreneur processes or combines the goods with items which do not belong to us.
Section 6 WARRANTEE
(1) The statutory warrantee regulations shall apply to Consumers.
(2) In derogation therefrom, warrantee claims for Consumers shall however lapse in the case of used goods one year after delivery of the goods.
Such a curtailment of the limitation period shall however not apply to warrantee claims leading to compensation and with regard to which intent or gross negligence or a breach of major contractual obligations applies. Major contractual obligations shall be deemed hereby to be those through compliance with which proper implementation and processing of the present Contract is made possible at all, and on compliance with which a purchaser may normally rely.
(3) Damage claims in the case of Consumers for injury to life, limb or health, or on the basis of provisions contained in the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG), shall also remain unaffected thereby. The same provisions shall apply to breaches of duty on the part of our vicarious agents.
(4) Warrantee claims which are not for damages shall lapse for Entrepreneurs one year after delivery of the goods. The statutory limitation periods for recourse claims of the Entrepreneur in accordance with section 478 of the Civil Code shall remain unaffected thereby.
(5) Entrepreneurs within the meaning of the present General Terms and Conditions shall be obliged to inspect the goods which they receive without delay for deviations in terms of quantity and quality. Visible defects must be notified to us in writing within a period of one (1) week from receipt of the goods in question. The asserting of warrantee claims shall be ruled out if the Entrepreneur fails to comply with the obligation to effect a notification. The Entrepreneur shall be obliged to notify us in writing of hidden defects within a period of one (1) week. The period shall commence when the corresponding defect is discovered. The period shall be deemed to have been complied with if the defect notification is dispatched in good time. The complete burden of proof for all and any claims, in particular also for the defect itself, for the time of its discovery, and for the defect being complained of in good time, shall lie with the Entrepreneur in such case.
Section 7 LIMITATION OF LIABILITY
Liability for damage that has been caused by simple negligence shall be ruled out unless this results from a violation of major contractual obligations, relates to a guarantee of the characteristics of the item purchased, or to damage resulting from injury to life, limb or health, or claims are affected in accordance with the Product Liability Act. Major contractual obligations shall be deemed hereby to be those through compliance with which proper implementation and processing of the present Contract are made possible at all, and on compliance with which a purchaser may normally rely.
The same provisions shall apply to breaches of duty on the part of our vicarious agents.
Liability for the violation of major contractual obligations shall be limited in cases of simple negligence to damage which is typically connected with the contract and is predictable.
Section 8 RIGHT OF REVOCATION FOR CUSTOMERS AS CONSUMERS:
Customers who have placed their orders as a Consumer may revoke their contractual declaration with contracts for pecuniary interest, in case of a contract relating to one or several goods items which the Customer has ordered within a single order and which are delivered separately, subject to the following provisos:
Right of revocation
You are entitled to revoke the present Contract within 14 (fourteen) days without stating reasons.
The revocation period shall be 14 (fourteen) days from the day on which you or a third party appointed by you who is not the carrier have or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us of your decision to revoke the present Contract by means of an unambiguous declaration (e.g. a letter dispatched by post, fax or e-mail).
The revocation should be addressed to:
OG Logistik UG - DA27 Store - Fäustlestr. 7 D-80339 München,
Tel.: +49 89 54320073, Fax: [XXX], e-mail: email@example.com
You may use the model revocation form attached for this purpose, but are not obliged to do so. You can also download the model form on our website (https://www.da27store.com/info/widerrufsrecht) and send it to us. If you avail yourself of this possibility, we will send you a confirmation of the receipt of such revocation (for instance by e-mail).
It shall be sufficient in order to meet the revocation deadline for you to send the notification of the exercise of the right of revocation prior to the expiry of the revocation period.
Consequences of revocation
Should you revoke the present Contract, we must refund to you all and any payments which we have received from you, including the delivery costs (with the exception of the additional costs emerging from the fact of you having selected a different delivery method than the cheapest standard delivery which we offer), without delay, and at the latest within fourteen days of the date on which we received notification of your revocation of the present Contract. We shall use the same method of payment for such refund as you used in the original transaction, unless otherwise explicitly agreed with you; you will under no circumstances be charged costs for such repayment.
We can refuse to effect a refund until we have received the goods back or you have submitted proof that you have sent back the goods, whichever takes place first.
You must send back or return the goods to us without delay, and in any case at the latest within fourteen days of the date on which you notified us of revocation of the present Contract. The deadline shall be deemed to have been met if you dispatch the goods before expiry of the fourteen-day period.
You must pay the direct costs of returning the goods.
You must only pay for any loss of value of the goods if this loss of value is caused by your having treated them in a manner that was not necessary in order to examine their condition, characteristics and functioning.
End of the Cancellation Policy
In derogation from the wording of the pertinent statute, we shall also recognise the mere refusal to accept the goods, and the return of the goods without comment within the 14-day revocation period, as an implied declaration of revocation.
Model revocation form
OG Logistik UG
- DA27 Store -
Fax to: [XXX]
or e-mail to: firstname.lastname@example.org
I/we* herewith revoke the contract concluded by me/us* regarding the purchase of the following goods* /the provision of the following service*.
Ordered on*/received on*
Name of the Consumer
Address of the Consumer
Signature of the Consumer (only if communicated on paper)
* delete as appropriate
Section 11 LANGUAGE OF THE CONTRACT, CHOICE OF LAW, COURT VENUE
(1) Only the German language shall be used for the implementation and processing of the present Contract.
(2) The law of the Federal Republic of Germany shall apply to the contractual relations; the application of the UN Sales Convention is herewith ruled out. The above choice of law shall only apply to Consumers who do not conclude the present Contract for professional or commercial purposes insofar as the protection that has been granted is withdrawn by mandatory provisions of the law of the state in which the Consumer has his/her habitual residence.
(3) Should the Customer be an entrepreneur, a legal entity under public law or a special fund under public law, it is herewith deemed to be agreed that our registered office constitutes the exclusive court venue for all and any disputes arising from the present Contract.
Section 12 CUSTOMER SERVICE
Our customer service shall be available to you from 9:00 to 12:00 a.m. and 2:00 to 5:00 p.m. for questions, claims and complaints.
Tel.: +49 89 54320073
Section 13 SEVERABILITY
In the event of one or more provisions of the present Terms and Conditions being or subsequently becoming invalid or unimplementable, the other provisions shall remain unaffected thereby. This shall only not apply if the cessation of application of individual clauses is so disadvantageous to a contracting party that it can no longer be expected to abide by the present Contract.
Version of the Terms: 2 May 2016