General Terms and Conditions of Business
§ 1 Scope
The below GTCB (AGB – hereinafter referred to as ‘AGB’) are legally binding for all contractual relationships of O1O6 GmbH (hereinafter also referred to as ‘we’ or ‘the company’) in its current version at the time of the order of the customer. Deviating or supplemental terms on behalf of the customer will not be recognised by O1O6 GmbH, except in case of a written confirmation by O1O6 GmbH.
§ 2 Contractual Partner
Contractual partner within the framework of the AGB
Tel: +49 89 420950777
Fax: +49 89 64 96 97-98
and the customer
Contractual Language is German.
§ 3 Products
Subject of the contract between O1O6 GmbH and the customer can solely be the products offered on the website www.o1o6.com. The products will be delivered without the depicted decoration, unless the description of the article indicates otherwise.
§ 4 Conclusion of the contract
Goods will only be sold in household quantities. The order of the goods will come into effect when the customer has filled out the order form provided on the website.
The customer will be offered the opportunity to take note of the general terms of trade (AGB) of O1O6 GmbH and to print them out, during the process of filling out the order form. The order should only be placed in case of the terms of trade (AGB) having been accepted by the customer.
By means of using the button ‚complete payment‘, the customer submits a binding offer to conclude a contract of sale. The company has a duty to confirm the order of the customer without delay (confirmation of the order). This confirmation of the order does not constitute an acceptance of the offer placed by the customer, but should only be seen as an indication that the order has been received by us. Solely activating the button ‘complete payment’ does not constitute a contract of sale. A contract of sale is only concluded at the time we have sent the ordered product to the customer and the dispatch of the product has been confirmed to the customer in a second E-Mail (dispatch confirmation).
Die Firma ist berechtigt, das Angebot des Kunden innerhalb eines Zeitraumes von 14 Kalendertagen vom Zugang der Bestellung mit Zusendung einer Auftragsbestätigung anzunehmen oder das Angebot abzulehnen. Die Auftragsbestätigung bzw. das Ablehnen des Angebotes kann per Briefpost, E-Mail oder Fax erfolgen.
The company reserves the right to either accept the offer of the customer within a period of 14 calendar days, by means of sending the dispatch confirmation to the customer, or to refuse the offer. The dispatch confirmation or the refusal of the offer can be sent by post, E-mail or by means of a facsimile.
In case the consumer orders goods from our online store, his/her order will be stored by us and sent to the customer together with the current AGB.s by mail if he/she so desires. For the order, the prices quoted on the website for the specific article, will apply. An order will not come into effect, if either the price is seen prima facie to be wrong, or if the company has a right to challenge due to a misdeclaration.
§ 5 Terms of Payment
The prices listed on the website at the time of the order are applicable. All prices contain the statutory rate of Value Added Tax. The prices listed do not contain the costs for the dispatch of the goods. These have to be borne by the customer, unless otherwise stated. The detailed regulations with respect to shipping costs can be found in § 6 Terms of delivery.
Depending on the method of payment, the goods will only be dispatched after payment has been received. The customer can pay by method of prepayment, Paypal or Creditcard.
The company reserves the right to fully charge the customer for possible payback fees in case the customer’s account does not show the requisite cover or in case the customer has stated the wrong account details. In case of payment default on behalf of the customer, the company reserves the right to charge default interest at the rate of 5 % above the basic rate of interest current at the time.
§ 6 Terms of delivery
If the customer within Germany orders goods it will cost 8,50 Euro.
For customers outside of Germany, the costs for delivery vary according to where the delivery has to take place. The prices for delivery, quoted at the time of placing the order will be applicable as displayed in the column ‘costs for delivery’.
We will dispatch the goods to the customer within 3-5 working days. In case of prepayment or direct debit, the time window for delivery starts after the payment has been received. We want point out that indications as to delivery dates and times are non-binding at all times unless a binding delivery date and time was expressly stated in the order confirmation. In case the customer has ordered several items at one time, we reserve the right to process the order in several installments. The customer expressly consents to several deliveries within the indicated delivery window.
§ 7 Retention of title
The goods ordered remain the property of O1O6 GmbH until payment in full has been received. In case the customer is a merchant as defined by the German Commercial Code (HGB), we reserve the right to retain the title to all goods until all payments resulting from the commercial relationship between us and the customer have been received. The customer has the duty to handle the goods with due care until ownership has passed to him.
§ 8 Statutory information concerning the right of revocation
Right to revoke
The customer has the right to revoke the contract within 14 days without the need to state reasons in either text form (e.g. letter, facsimile, email) or by returning the goods if they have been sent to the customer before the expiry of the deadline. The time period starts after the customer has taken note of these instructions by reading them, but not before the receipt of the goods by the customer (in case of several deliveries of similar goods not before receiving the first part delivery). The time period does not start before we have fulfilled our duty to inform the customer as set out in Art. 246 § 2 in connection with § 1 clause 1 and 2 EGBGB as well as our duties according to § 312g clause 1 BGB, together with Art. 246 § 3 EGBGB.
The timely notification of the revocation or the dispatch of the goods shall be deemed sufficient for compliance with the revocation terms. Revocation has to be addressed to:
Tel: +49 89 420950777
Fax: +49 89 64 96 97-98
You can use this Sheet of Revocation.
Consequences of revocation
In the case of an effective revocation, the mutually received benefits are to be returned and if so, derived profits (e.g. interest), are to be returned. In case you are unable to reimburse us for the received service as well as the use of the goods (e.g.) or only able to partially reimburse us or only in a position to return the goods in bad condition, you are required to offer a compensation of equal value.
For the deteriation of the merchandise and for derived profits you only have to compensate us in the event that the profits derived or the deteriation of the merchandise is a result of actions that exceed the handling of the goods other than what is necessary to ascertain the nature and functioning of the goods. Ascertaining the nature and functioning of the goods is defined by testing and using the requisite goods as one would do so in a retail shop. Merchandise eligible for shipping will be returned at our risk and your expense.
You have to bear the regular costs for the return shipment of the goods in the event that the goods delivered correspond to the goods ordered or in case that the goods have a higher price at time of revocation, you have not provided consideration or a contractually agreed part payment for the goods.
You must satisfy obligations to reimburse payments within 30 days. This time period begins with the posting of your revocation or the shipment to us with the reception of the merchandise.
All our items are delivered with a special security tag („Please Note“). In the event this tag has been removed, we cannot reimburse you for these items.
End of the instructions for revocation
§ 9 Return shipment costs
You have to bear the regular costs for the return shipment of the goods in the event that the goods delivered correspond to the goods ordered and you have not provided consideration or a contractually agreed part payment for the goods.
§ 10 Warranty
All descriptions, sketches, drawings, technical specifications, weights and measure descriptions as well as descriptions of services, which are shown on our website and/or in catalogues, newsletters, advertisements or pricelists are of purely informative nature. We do not accept responsibility for the accuracy of the contents. Concerning the scope and type of the delivery, only the terms and conditions contained in the order confirmation shall be applicable.
In the event that there is a warrantable defect, the customer is entitled to supplemental performance within the framework of the statutory provisions, or to rescind the contract or to reduce the purchase price of the goods.
§ 11 Liability
The liability of O1O6 GmbH is regulated by the applicable statutory regulations, except if otherwise stated in the AGB.
O1O6 GmbH will only accept unlimited liability for whatever legal reason solely in cases of willful intent and gross negligence. In addition, O1O6 GmbH will also accept unlimited liability in cases of simple negligence for damages resulting in injury to life and bodily harm or harm to health. In cases of simple negligence and the infringement of a material contractual duty (cardinal duty), the liability of O1O6 GmbH will be limited to substitution of the foreseeable and typical damage. The liability for the infringement of statutory product liability laws remains unaffected. In the event that the liability of O1O6 GmbH is limited or excluded within the framework of the AGB, it will extend to personal damage liability of employees, workers, representatives and vicarious agents of O1O6 GmbH.
§ 12 Trade Marks and Copyrights
The rights to all essential design elements of the O1O6 GmbH website as well as its contents, especially all editorial text, logos, photos and other pictorial elements are held by O1O6 GmbH or its partners. The use of the material without express consent is not permitted. Any misuse may be prosecuted and punishable by law.
§ 13 Company Philosophy / Limitations
All our goods are made in a small Edition. In the event that the order volume exceeds the quantity we are able to process, we shall inform the customers immediately.
§ 14 Miscellaneous
In the event that the customer is a merchant as defined by the German Commercial Code (HGB), a legal entity under public law or special fund under public law, legal domicile for all disputes is Munich, Germany. O1O6 GmbH reserves the right to sue the customer in the courts of his place of residence. The same applies to cases where the customer has no legal domicile in Germany, or if the customer leaves his legal domicile in Germany and moves abroad or if his normal place of residence at time of filing the complaint is unknown.
The applicable laws for this contract within the framework of these AGB are exclusively the laws of the Federal Republic of Germany. The application of the UN commercial code is expressly excluded. In the event that the customer is a consumer as defined in § 13 BGB and his usual place of residence is not in Germany, the laws applicable in his country of residence are not valid.
In case of the stipulations not having resulted in a contractual term or in cases where the stipulations are invalid, the contents of the contract will be interpreted according to the applicable statutory provisions.
§ 15 Severability Clause
Should individual terms of this Agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this AGB, the legal effectiveness of the other provisions is not affected. The invalid or unfeasible provision or open loophole will be replaced by another appropriate provision, if legally possible, that comes closest to what the contracting parties would have desired in the event that they would have considered the item.
§ 16 Disclaimer
The translation of the AGB into the English language is only to be understood to act as a service for the customer and his better understanding. In case of discrepancies or contrary interpretations between the German and the English version, the German version will always prevail.