GENERAL TERMS AND CONDITIONS
The following Terms and Conditions apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract
The contract is concluded with Öselstuff OÜ.
By placing the products in the online shop, we make a binding offer to enter into a contract regarding those items. You may put our products in the shopping basket without obligation and amend your entries at any time before submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by placing the order.
You will receive a confirmation e-mail after order fulfillment.
3. Contract language, saving of the contract text
The languages available for contract formation are German and English.
We save the contract’s text and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the contract’s text in our customer login area.
4. Delivery conditions
Delivery costs may be added to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.
We only dispatch goods en route; the customer’s pick-up is impossible.
The following payment methods are available in our online shop.
If you select advance payment, we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
You will be forwarded to PayPal’s online website during the ordering process. To pay the invoice amount via PayPal, you must register there or register first, identify yourself with your access data, and confirm the payment instructions. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterward, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing the reserved goods with a new item – in the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfill your payment obligations.
8. Damage during delivery
For consumers, the following applies: If the goods are delivered with apparent damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, you help us to assert our claims against the carrier or transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the hauler, carrier, or other contractors for forwarding to the defined person or establishment. “Kaufleute” as defined by the German Commercial Code (HGB) is subject to the inspection and notification requirements set out in § 377 HGB. The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business. Upon the discovery of any defect, they must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein, the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
9. Warranty and guarantees
We are under a legal duty to supply products that conform to this contract.
For consumers, statutory warranty rights governed by the country’s law where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Consumers and businesses can submit complaints to our contact details in supplier identification.
When you exercise your warranty rights, and we deem it necessary to receive the goods back to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to responding to any complaint immediately but no later than 14 days of its submission.
We shall, in any case, be liable without limitation for claims due to damages that we, our legal representatives, have caused or legal agents.
• for injury to life, limb, or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumers.
Except for these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Before a consumer dispute resolution body, we are ready to participate in extra-judicial dispute settlement proceedings.
AGB erstellt mit dem Trusted Shops Rechtstexter in Kooperation mit FÖHLISCH Rechtsanwälte.