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Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Granting of Rights of Use for License Keys
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redemption of Promotional Vouchers
- Governing Law
- Place of Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of oemhandel24 UG (haftungsbeschränkt) (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise provided in this respect. Digital content within the meaning of these GTC is data created and provided in digital form.
1.3 These GTC shall apply accordingly to contracts for the provision of license keys, unless otherwise provided in this respect. In doing so, the Seller owes the provision of a license key for the use of the digital content or digital services described by it (hereinafter “digital products”) as well as the granting of the contractually agreed rights to use the respective digital products. The Customer does not acquire any intellectual property in the digital product. The respective product description of the Seller is decisive for the characteristics of the digital product.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail, post, or telephone.
2.3 The Seller may accept the Customer’s offer within five days,
- by transmitting to the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
- by requesting the Customer to make payment after the Customer has submitted the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by its declaration of intent.
2.4 If the payment method “Amazon Payments” is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de
2.5 When ordering via the Seller’s online order form, the Seller stores the contract text after conclusion of the contract and transmits it to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent the order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop prior to sending the order, the order data will be archived on the Seller’s website and can be retrieved free of charge by the Customer via the Customer’s password-protected user account by entering the corresponding login data.
2.6 Before submitting the order in a binding manner via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct its entries during the electronic ordering process for as long as it uses the usual keyboard and mouse functions, until it clicks the button that completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by the Customer for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices including statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise with respect to the transfer of money even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If a payment method offered via the payment service “Apple Pay” is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay will be communicated to the Customer in the Seller’s online shop. For the processing of payments, Apple may use other payment services, for which special payment terms may apply, to which the Customer may be separately referred. Further information about Apple Pay is available on the Internet at https://www.apple.com
4.6 If a payment method offered via the payment service “Google Pay” is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay will be communicated to the Customer in the Seller’s online shop. For the processing of payments, Google may use other payment services, for which special payment terms may apply, to which the Customer may be separately referred. Further information about Google Pay is available on the Internet at https://pay.google.com
4.7 If a payment method offered via the payment service “Stripe” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use other payment services, for which special payment terms may apply, to which the Customer may be separately referred. Further information about Stripe is available on the Internet at https://stripe.com
4.8 If the payment method purchase on invoice is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on invoice only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.
4.9 If the payment method direct debit via Stripe is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). In this case, Stripe collects the invoice amount from the Customer’s bank account on behalf of the Seller after a SEPA direct debit mandate has been granted, but not before expiry of the pre-notification period. Pre-notification (“Pre-Notification”) is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although the Customer is not entitled to do so, the Customer shall bear the fees incurred due to the chargeback by the respective credit institution, insofar as the Customer is responsible. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.
4.10 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a creditworthiness check and to reject this payment method in the event of a negative creditworthiness check.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In processing the transaction, the delivery address stated in the Seller’s order processing shall be decisive.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs of shipment to the Customer if the Customer effectively exercises the right of withdrawal. With regard to the costs of return shipment, the arrangement made in this respect in the Seller’s withdrawal policy shall apply if the Customer effectively exercises the right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass only upon handover of the goods to the Customer or to a person entitled to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 If the Customer acts as a consumer resident in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this shall apply only in the event that the non-delivery is not the Seller’s responsibility and the Seller has, with due care, concluded a specific covering transaction with the supplier. The Seller will undertake all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed without undue delay and the consideration will be reimbursed without undue delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 License keys are provided to the Customer as follows:
- via download
- via e-mail
- by post
6) Granting of rights of use for license keys
6.1 The provided license key entitles the Customer to use the digital product indicated in the Seller’s respective product description to the extent described therein.
6.2 Insofar as the license key relates to the one-time provision of digital content, the grant of rights shall only become effective once the Customer has paid the remuneration owed in full.
7) Retention of Title
If the Seller renders performance in advance, it reserves title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
Unless otherwise stated in the provisions below, the statutory liability for defects shall apply. By way of derogation, the following shall apply to contracts for the delivery of goods:
8.1 If the Customer acts as an entrepreneur,
- the Seller shall have the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defect claims shall be one year from delivery of the goods;
- in the case of used goods, defect claims are excluded;
- the limitation period shall not commence anew if a replacement delivery is made within the scope of liability for defects.
8.2 The limitations of liability and shortening of limitation periods set out above shall not apply
- to claims by the Customer for damages and reimbursement of expenses,
- in the event that the Seller fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
8.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
8.4 If the Customer acts as a merchant within the meaning of § 1 HGB, it shall be subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
8.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer does not comply, this shall have no effect whatsoever on their statutory or contractual defect claims.
9) Liability
The Seller shall be liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tortious claims, as follows:
9.1 The Seller shall be liable without limitation on any legal ground
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
9.2 If the Customer acts as a consumer resident in Germany or as an entrepreneur, the following limitations of liability shall apply:
If the Seller negligently breaches a material contractual obligation, its liability shall be limited to the damage typical for the contract and foreseeable, unless it is liable without limitation pursuant to the above clause. Material contractual obligations are obligations which, according to the content of the contract, are imposed on the Seller to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely. Otherwise, liability of the Seller is excluded unless it is liable without limitation pursuant to the above clause.
9.3 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
10) Redemption of Promotional Vouchers
10.1 Vouchers that are issued by the Seller free of charge as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
10.3 Promotional Vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
10.4 Only one Promotional Voucher can be redeemed per order.
10.5 If the Promotional Voucher relates to a specific value and not to a percentage discount, the value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
10.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
10.7 The credit balance of a Promotional Voucher will neither be paid out in cash nor bear interest.
10.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
10.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
11) Applicable Law
11.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11.2 Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
12) Place of Jurisdiction
If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer’s registered office.
13) Code of Conduct
- The Seller has submitted to the Trusted Shops quality criteria, which are available on the internet at https://www.trustedshops.com
14) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
