Ostheimer Online-Shop General Terms and Conditions of Business
Entering into a contract and contracting parties
The product descriptions in the Ostheimer Online-Shop are provided for information purposes and to make a purchase offer. You submit a binding purchase offer by clicking on the “Buy Now” button. Once the order has been placed, receipt and acceptance of the order are confirmed by automated e-mail. The contract is brought about with Ostheimer GmbH, Boschstraße 17, D-73119 Zell unter Aichelberg, Germany, which is represented by its Managing Director, Sibylle Engstrom, and is entered in the Ulm Local Court (“Amtsgericht”) under HRB 531001, and can be reached by telephone on +49 (0) 7164-9420 41 (Mon, Tue, Thu 8-10 a.m., Wed 2-4 p.m., Fri 12-2 p.m.) or by e-mail at service@ostheimer.de (hereinafter referred to as “Ostheimer” or “We”). German is the contract language. Ostheimer stores order contract texts for one year. Customers may only gain access to the order data if they have registered. This Online Shop and its General Terms and Conditions of Business are exclusively geared towards private end customers and institutions such as educational, therapeutic, social or medical institutions and practices. Our Ostheimer specialist dealers use a separate ordering channel. Accordingly, sales via this shop are only available for private use and in customary household quantities. We reserve the right not to accept purchase offers from commercially-aligned customers or to cancel such orders. This also applies if the nature and scope of the order suggests a commercial background.
Delivery times
At Ostheimer, all items are in stock and ready for despatch as a matter of principle. Should an item be sold out, you will become aware of this by the “Currently not available” notice. Ostheimer despatches available items the same day on workdays from Monday to Friday if the order is received by 12:00 midday. Ostheimer despatches your order Monday to Friday via DHL as standard. In Germany, the shipping partner will normally deliver to you within 1-2 working days following the handover. In exceptional cases, delays may occur, for example as a result of high capacity utilisation of the shipping service provider. Upon handover to the carefully selected shipping partner described above, Ostheimer will have done everything required to ensure that your order reaches you in good time (obligation to be performed at the debtor’s place of business or residence). Ostheimer does not undertake to reship the order if delivery is delayed in exceptional cases and without gross culpability (intent and gross negligence) on the part of the shipping partner.
Cancellation right
Consumers have a right of cancellation in accordance with Sections 312g, 355, BGB (German Civil Code). To that end, please see a detailed description with a sample cancellation form at the end of these provisions. According to Section 312g, II, BGB, the cancellation right does not apply in the case of contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is authoritative. According to Section 13, BGB, a consumer is any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial nor self-employed professional activity.
Order process and registration
You can either create a customer account in the Ostheimer Brand Shop or simply place an order as a guest without registering. As a matter of principle, the order process is started by placing items in the Ostheimer shopping basket using the “Add to basket” button. One click on the shopping basket symbol will show you the content you have currently selected with the option to change it. If you are already a PayPal customer, you can go directly to PayPal via the yellow “Direct to PayPal” button at this point, pay and complete the order. By clicking on the “Checkout” button, you will be guided through the following steps to complete your order:
1. Shipping information/registration
Here you decide whether or not you want to log into an existing customer account or enter your name, billing and delivery address. In this step, you can register a new customer account by ticking the box entitled “I would like to create a customer account, I have taken note of the data protection information” or proceed to checkout as a guest without creating a customer account. Furthermore, in this step, you have the option of entering a delivery address that may differ from the billing address. The shipping costs are also displayed in the “Summary.”
2. Complete order
Here you can view your order again, review and amend it if necessary, view the previous entries for the shipping and billing address and correct them using the buttons if necessary. Select shipping method: at present, we only offer standard shipping via DHL. Therefore, there are no further options in this respect. Select payment method: you can select the desired payment method here. Before completing your purchase, you will be referred to information about the cancellation right, which can be accessed by clicking here. If you wish to complete your purchase, you state that you consent to the Ostheimer Online Shop’s General Terms and Conditions of Business by ticking the checkbox. The purchase is completed by clicking on the “Buy now” button and completing payment using the selected payment method. Prices and shipping costs: the prices stated on the product pages include VAT and other price elements and do not include postage and packaging costs. We charge a flat rate of 3.50 euros for each order for deliveries in Germany. Orders with a goods value of 45.00 euros or more are dispatched free of charge in Germany.
Payment information
We work with PayPal as a payment service provider. There are various payment methods to choose from. Payment is processed via the payment service provider PayPal Europe, S.à.r.l. et Cie S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, “PayPal.” PayPal may use other payment services for payment processing. Further information about the PayPal payment conditions can be found in PayPal’s General Terms and Conditions of Business: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE In addition to the payment method via a PayPal account, PayPal offers the following payment methods, which can be used without a PayPal account.
Transport damage
If goods are delivered that have obviously been damaged in transit, please lodge a complaint about such faults immediately with the delivery agent and contact us as soon as possible (by telephone on +49 (0) 7164-9420 41 or by e-mail at service@ostheimer.de). If possible, document via photos. Failure to lodge a complaint or contact us will not have any consequences whatsoever in respect of your statutory warranty rights. However, this helps us to assert our own claims against the carrier or transport insurance.
Warranty
Statutory rights in respect of liability for defects, upon which the warranty is based, apply to all goods offered by Ostheimer GmbH.
Reservation of title
The goods shall remain our poperty up until payment in full.
Property rights
The content of the Ostheimer GmbH Online Shop such as texts, images, logos, photos, graphics and data are protected by copyright and may not be copied, modified, reproduced, published or utilised in full or in part without prior written consent of the management. Violation may lead to claims for damages and further consequences in accordance with civil or criminal law.
Liability for links
The Ostheimer pages contain links to external, third party, websites. We do not exert any influence on the content of such websites. Therefore, we cannot accept any liability for them because the respective provider or operator of the pages is responsible for them. We reviewed the linked pages at the time of linking and were unable to identify any illegal content. However, continually reviewing the linked pages is not acceptable without specific indications of a legal violation. In the event that knowledge is gained of legal violations, we shall remove the affected links without delay.
Final provisions
In the event that a provision of these General Terms and Conditions of Business is invalid, the contract shall remain valid in other respects. The relevant statutory requirements shall apply in the place of an invalid provision.
Statutory Cancellation Policy for Consumers
You are entitled to cancel this contract within fourteen days without stating reasons for such action. The cancellation period is fourteen days and commences from the day on which you or a third party stated by you, who is not the carrier, have or has taken possession of the last goods. To exercise your cancellation right, you need to inform us Ostheimer GmbH; Boschstr. 17; D-73119 Zell unter Aichelberg; Tel.: +49 (0)7164 – 9420 41; e-mail: service@ostheimer.de by way of an unequivocal statement (e.g. a letter sent by post, facsimile or an e-mail) of your decision to cancel this contract. You may use the enclosed sample cancellation form in that respect. However, you are not required to use that form. To safeguard the cancellation right, it is sufficient if you forward the notification of exercising the cancellation right prior to expiry of the cancellation period.
Cancellation consequences
If you cancel this contract, we shall be required to repay to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a delivery type other than the most favourable standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we shall use the same payment method that you used in your original transaction unless something to the contrary was expressly agreed with you; under no circumstances shall we charge you fees for such a repayment.We may refuse to make the repayment until we have received the returned goods or until you furnish proof that you have sent the goods back depending on whichever is the earlier of the two.
Sample withdrawal form
Versand
Boschstr. 23