GTC – General Terms & Conditions

General Terms & Conditions

1. scope of application

The following terms and conditions apply to all orders placed via our online store. Our online store is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with ODERSO MAGAZINE GERMANY.

By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German and English.

We save the text of the contract and send you the order data and our GTC in text form. The contract text is no longer accessible via the Internet for security reasons.

4. Delivery conditions

We deliver free of shipping costs within Germany.

We deliver only by mail order. A self-collection of the goods is unfortunately not possible.

5. Payment

In our store you can basically use the following payment methods:

PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process. 

Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

6. Retention of title

The goods remain our property until full payment.

7. Transport damage

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8. Warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
In the case of used goods, the following shall apply: if the defect occurs after the expiry of one year from delivery of the goods, the claims for defects shall be excluded. Defects occurring within one year from delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
  Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.

9. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty
• in the case of warranty promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
  In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
  Otherwise, claims for damages are excluded.

10. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.  

AGB created with the Trusted Shops legal text in cooperation with FÖHLISCH Rechtsanwälte.