General Terms and Conditions
General Terms and Conditions created via the generator of Deutsche Anwaltshotline AG
On the basis of these General Terms and Conditions (GTC) a contract is concluded between the customer and
Represented by Kristine Zeller and Dr. Katie Ernst
Address: Wichertstr. 6, 10439 Berlin
Trade Register: Berlin
Trade Register Number: HRB 198439 B
Sales Tax Identification Number: DE815775415
,hereinafter referred to as the provider, the contract.
Object of the contract
By this contract, the sale of new goods from the area / areas of fashion via the online store of the provider is regulated. Because of the details of each offer is referred to the product description of the offer page.
Conclusion of contract
The contract is concluded exclusively in electronic business transactions via the store system. In this regard, the offers presented represent a non-binding invitation to submit an offer by the customer order, which the provider can then accept.
The ordering process for the conclusion of the contract includes the following steps in the store system:
- Select the offer in the desired specification (size, quantity)
- Adding the offer to the shopping cart
- Pressing the 'Checkout' button.
- Enter the billing and shipping address
- Selecting the payment method
- Review and edit the order and all inputs
- Pressing the 'Buy" button.
- Confirmation email that order has been received
With the sending of the order confirmation, the contract is concluded.
The contract is concluded for an indefinite period.
Retention of title
Until payment is made in full, the delivered goods remain the property of the supplier.
The provider reserves the right not to provide the promised service in the event of its unavailability.
Prices, shipping costs, return shipping costs
All prices are final prices and include the statutory VAT. Per order, the following shipping charges apply once: For an order of 1-2 products, shipping costs 5 euros in Germany and Austria and 10 euros in Switzerland, France and Luxembourg. Shipping is free for orders of three products or more (from 26,95€) in Germany, Austria, Switzerland, France and Luxembourg. The ooia accessories are, however, excluded from the scale discount. For partial deliveries, the flat rate is incurred only once. If there is a right of withdrawal and is made use of this, the customer bears the cost of return.
Conditions of payment
The customer has exclusively the following options for payment: SOFORTÜBERweisung, credit card, Paypal . Other payment methods are not offered and will be rejected.
A right of retention of the customer, which is not based on the same contractual relationship, is excluded.
The set-off with claims of the customer is excluded, unless these are undisputed or legally established.
The goods are shipped immediately after confirmed receipt of payment.
The shipment takes place on average after 45 days at the latest. The entrepreneur undertakes to deliver on the 120th day after confirmed receipt of payment.
The standard delivery time is 5 days, unless otherwise specified in the item description.
The provider sends the order from its own warehouse as soon as the entire order is in stock there.
The customer will be informed immediately about delays.
If the provider has a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding cover transaction was made in time, not to represent, the provider has the right to withdraw in this respect from a contract with the customer. The customer will be informed immediately and received services, in particular payments, refunded.
Consumers are entitled to a statutory warranty right for the services offered in accordance with the relevant provisions of the Civil Code (BGB). If this is deviated from, the warranty is governed by the provisions written for this purpose in the General Terms and Conditions (GTC).
The provider is granted that he can choose in a supplementary performance itself between repair or replacement if the goods are new and the customer is an entrepreneur.
This does not apply to claims for damages of the customer for injury to life, limb, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective necessarily. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or agent. In all other respects, the statutory provisions apply.
If the customer is an entrepreneur, the risk of accidental loss and / or accidental deterioration of the goods with the handover, in the case of shipping with the delivery of the goods to the selected service provider for this to the customer.
The contract text is stored by the provider.
Right of withdrawal and customer service
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 named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (ooia, ooshi GmbH, Wichertstr. 6, 10439 Berlin, firstname.lastname@example.org) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract.
You can use a model withdrawal form for this purpose, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received
the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us (ooia, ooshi GmbH, c/o Moodja UG, Straße der Einheit 145, 14612 Falkensee) without undue delay, in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met,
if you send the goods before the expiry of the period of fourteen days.
You bear the direct cost of returning the goods.
You must pay for any loss of value of the goods only if this loss of value is due to a handling of
the goods not necessary for testing the quality, characteristics and functioning of the goods.
End of the revocation
You can reach our customer service at: ooia, ooshi GmbH, Wichertstr. 6, 10439 Berlin, or email@example.com. We will reply within five working days at the latest.
Claims for damages by the customer are excluded, unless otherwise stated in the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer makes claims for damages against them. Excluded are claims for damages by the customer for injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Prohibition of assignment and pledge
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 pledge.
Language, jurisdiction and applicable law
The contract shall be drawn up in German. The further performance of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this applies only insofar as this does not restrict any legal provisions of the state in which the customer has his residence or habitual abode. 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 registered office of the provider.
The invalidity of any provision of these GTC shall not affect the validity of the remaining provisions.
Implementation of the ODR DirectiveOnline dispute resolution pursuant to Article 14 (1) ODR Regulation
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
Note according to § 36 para. 1 No. 2 VSBG: We would like to point out that we are not available for participation in dispute resolution proceedings before a consumer arbitration board."