Terms and Conditions
General terms and conditions with customer information
- Quotations and service descriptions
- Ordering and close of contract
- Prices and shipping costs
- Delivery, availability of goods
- Payment modalities
- Proprietary reservation
- Malfeasance and warranty
- Storage of the contract text
- Jurisdiction, Applicable Law, Contractual Language
1. Scope of application
1.1. For the business relationship between Orlyapps Janzen & Strauß GbR Paulstraße 7 26129 Oldenburg, Germany, the following general terms and conditions shall apply in their version valid at the time of the order: Christian Janzen, Florian Strauß (hereinafter referred to as "Seller") and the customer (hereinafter "customer").
1.2. You can reach our customer service for questions, complaints and objections on working days from 8:00 o'clock to 17:00 o'clock under the phone number 0441 180 29 666 as well as by e-mail at firstname.lastname@example.org.
1.3. Consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for a purpose that can not be predominantly attributed to his commercial or independent professional activities (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly admits their validity.
2. Offers and performance descriptions
2.1. The presentation of the products in the online shop is not a legally binding offer, but a solicitation of an order. Performance descriptions in catalogs as well as on the websites of the seller have not the character of an assurance or guarantee.
2.2. All offers are valid as long as stocks last, unless otherwise stated in the products. Errors and omissions are reserved.
3. Ordering and conclusion of contract
3.1. The customer can choose products from the assortment of the seller without obligation and collect them via the "Add to cart" button in a so-called shopping basket. Within the shopping basket the product selection can be changed, e.g. to be deleted. Afterwards, the customer can proceed through the "Proceed to checkout" button within the shop basket to complete the ordering process.
3.2. Via the "Place binding order" button, the customer issues a binding request for the purchase of the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time, return to the shopping basket using the browser function "back", or cancel the order process as a whole. Required fields are marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail in which the order of the customer is listed again and which the customer can print out using the function "print" (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller dispatches the ordered product to the customer within 2 days or has confirmed to the customer within two days with a second e-mail, express order confirmation or delivery of the invoice.
3.4. If the seller allows a prepayment, the contract comes with the provision of the bank data and payment request. If the payment has not been received by the seller within 10 calendar days after the order has been repaired, the seller will return from the contract with the consequence that the order is lapsed and the seller does not make a delivery obligation. The order is then completed for the buyer and seller without further consequences. The item will be reserved for 10 calendar days.
4. Prices and shipping costs
4.1. All prices shown on the website of the seller are inclusive of the applicable statutory value-added tax.
4.2. In addition to the stated prices, the seller will charge shipping for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, product availability
5.1. If advance payment has been agreed, delivery will be made upon receipt of the invoice amount.
5.2. Should the delivery of the goods fail due to fault of the buyer despite three attempts to deliver the goods, the seller can withdraw from the contract given that payments made will be reimbursed to the customer without delay.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier without fault, the seller can withdraw from the contract. In this case, the seller shall inform the customer immediately and, if necessary, propose the delivery of a comparable product. If a comparable product is not available or if the customer does not wish to deliver a comparable product, the seller will immediately refund the customer already compensated counterparties.
5.4. Customers are informed of delivery times and delivery restrictions (for example, restrictions on deliveries in certain countries) on a separate information page or within the respective product description.
6. Payment modalities
6.1. The customer can choose from the available payment methods within the framework and before the end of the ordering process. Customers are informed about the available funds on a separate information page.
6.2. If the payment is possible by invoice, the payment has to be made within 30 days after receipt of the goods and the invoice. For all other payment methods, the payment must be made in advance without any deduction.
6.3. If third parties are charged with payment processing, e.g. Paypal shall be subject to their general terms and conditions.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by neglecting the date. In this case, the customer shall pay the statutory interest on arrears.
6.5. The customer's obligation to pay interest on arrears does not preclude the seller from asserting further default damages.
6.6. The customer is only entitled to set off his counterclaims if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of title Until full payment, the goods delivered remain the property of the seller.
8. Warranty for defects and warranty
8.1. The warranty is determined by law.
8.2. There is a guarantee for the goods delivered by the seller only if this has been expressly given. Customers are informed about the warranty conditions before the initiation of the ordering process.
9.1. The following exclusions and limitations of liability apply to a liability of the seller for damages without prejudice to the other statutory requirements.
9.2. The seller is liable without limitation, insofar as 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 whose violation jeopardizes the attainment of the purpose of the contract or for the violation of obligations which fulfill the proper execution of the contract at all and which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. If the liability of the seller is excluded or restricted, 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 placing the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address specified by him. With the order confirmation, the customer also receives a copy of the GTC together with instructions on the right of revocation and the notes on shipping costs as well as terms of delivery and payment. If you have registered in our shop you can see your orders placed in your profile area. We also store the text of the contract but do not make it available on the Internet.
11. Final provisions
11.1. Jurisdiction and place of performance shall be the place of business of the seller if the customer is a merchant, a legal person of public law or a public special fund.
11.2. The contract language is German.
11.3. European Commission online dispute resolution platform (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer sacking office.