General Terms and Conditions
GTC created using the German Lawyer Hotline AG generator
Contracting party
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer and
ooshi GmbH
Represented by Clara Maier and Mollie Thick
Address: Wichertstr. 6, 10439 Berlin
Commercial Register: Berlin
Commercial Register Number: HRB 198439 B
VAT identification number: DE815775415
, hereinafter referred to as the provider.
Subject matter of the contract
This contract governs the sale of new goods from the fashion sector(s) via the provider's online shop. For details of the respective offer, please refer to the product description on the offer page.
Conclusion of contract
The contract is concluded exclusively via electronic commerce using the shop system. The offers displayed constitute a non-binding invitation to submit an offer through the customer's order, which the provider can then accept.
The ordering process for the conclusion of the contract in the shop system includes the following steps:
- Selection of the offer in the desired specification (size, quantity)
- Adding the offer to the shopping cart
- Clicking the 'Checkout' button
- Entering the billing and delivery address
- Selecting the payment method
- Reviewing and editing the order and all entries
- Clicking the 'Buy' button
- Confirmation email that the order has been received
The contract is concluded upon sending of the order confirmation.
Contract Duration
The contract is concluded for an indefinite period.
Retention of Title
The delivered goods remain the property of the provider until full payment has been made.
Reservations
The provider reserves the right not to perform the promised service in the event of its unavailability.
Prices, Shipping Costs, Return Costs
All prices are final prices and include the statutory value-added tax. The following flat shipping rates apply per order: For orders under €90, shipping within Germany and Austria costs €5, and €10 to Switzerland, France, and Luxembourg. Shipping is free for orders €90 and above in Germany, Austria, Switzerland, France, and Luxembourg. Promotions are excluded. For partial deliveries, the flat rate is only charged once. If there is a right of withdrawal and it is exercised, the customer bears the costs of the return shipment.
Terms of Payment
The customer has exclusively the following payment options: credit card, Paypal, Apple Pay, Klarna. Other payment methods are not offered and will be rejected.
Any right of retention of the customer not based on the same contractual relationship is excluded.
The offsetting of claims by the customer is excluded unless these are undisputed or have been legally established.
Delivery Conditions
The goods will be dispatched immediately after confirmed receipt of payment.
Shipping takes place on average no later than 45 days. The entrepreneur undertakes to deliver on the 120th day after confirmed receipt of payment.
The regular delivery time is 5 days, unless otherwise specified in the item description.
The provider ships the order from its own warehouse as soon as the entire order is in stock there.
The customer will be informed immediately of any delays.
If the provider is not responsible for a permanent delivery impediment, in particular force majeure or non-delivery by its own supplier, despite a corresponding hedging transaction having been concluded in good time, the provider has the right to withdraw from a contract with the customer in this respect. The customer will be informed immediately and any payments received will be refunded.
Warranty
Consumers are entitled to a statutory right to claim for defects in the services offered, in accordance with the relevant provisions of the German Civil Code (BGB). If there is a deviation from this, the warranty is governed by the provisions set forth in the General Terms and Conditions (GTC).
The provider is granted the right to choose between repair or new delivery in the event of subsequent performance, if the goods are new goods and the customer is an entrepreneur.
This does not apply to claims for damages by the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual objective. Likewise, this does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent. Otherwise, the statutory provisions apply.
Contractual Design
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods passes to the customer upon handover, or in the case of shipment, upon delivery of the goods to the selected service provider.
The contract text is stored by the provider.
Right of Withdrawal and Customer Service
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (ooia, ooshi GmbH, Wichertstr. 6, 10439 Berlin, info@ooia.de, 030 54907096) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
You may use the enclosed sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no case will you incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back
or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us (ooia, ooshi GmbH, c/o Moodja UG, Leipziger Str. 20, 14612 Falkensee). The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You only have to pay for any diminished value of the goods if this diminished value is due to a handling of the goods that is not necessary for checking the quality, characteristics and functionality of the goods.
For hygienic reasons, the return of products is excluded if they have been worn or washed. In this case, refunds or re-delivery of the products concerned to customers are also excluded.
End of instructions on withdrawal
You can reach our customer service at: ooia, ooshi GmbH, Wichertstr. 6, 10439 Berlin, or info@ooia.de. We will respond within five working days at the latest.
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Disclaimer
Claims for damages by the customer are excluded, unless otherwise stated in the following reasons. This also applies to the representative and vicarious agent of the provider if the customer asserts claims for damages against them. Excluded are claims for damages by the customer due to injury to life, body, health, or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual objective. Likewise, this does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent.
Prohibition of Assignment and Pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the provider's consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.
Language, Place of Jurisdiction and Applicable Law
The contract will be drawn up in German. The further execution of the contractual relationship will be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this applies only insofar as it does not restrict statutory provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law, or special funds under public law is the provider's registered office.
Severability Clause
The invalidity of one provision of these General Terms and Conditions does not affect the validity of the other provisions.
Implementation of the ODR Directive
Online dispute resolution according to Art. 14 para. 1 ODR-VOThe European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
Notice according to § 36 para. 1 no. 2 VSBG: We hereby inform you that we are not available for participation in dispute resolution proceedings before a consumer arbitration board."
Vouchers and Discount Codes
A general distinction is made between gift vouchers and discount codes. Gift vouchers can be used multiple times within their valid term of three years until their voucher amount has been used up. This is not possible with discount codes. Cash payment of gift vouchers and discount codes is excluded.
3+1 Promotions
During the promotional period, you will receive an additional product for free when you purchase three products. To do this, place at least 4 ooia products in your shopping cart. The free product will then be the cheapest item in your shopping cart. The promotion can apply to all products or to specific product categories - this will be defined during the promotional period.
If 1 or more of the paid products are returned, the value of the free product will be deducted from the return refund.
An exchange for a different size is possible, but an exchange of an ooia product for another is excluded.