Terms and Conditions (T&C)
for the Online Shop OH3-Handel.de
§1 Scope and Provider
These Terms and Conditions apply to all orders placed by consumers through the online shop OH3-Handel.de. The provider and contractual partner is OH³ GmbH, Wedauer Straße 8, D-40885 Ratingen, Germany, represented by the Managing Directors: Oliver Hinze and Selman Hatzi. Registered at the Local Court (Amtsgericht) 40227 Düsseldorf, Commercial Register HRB 104736. VAT ID No. DE369175698. Office hours: Monday to Friday from 10 a.m. to 6 p.m. Any differing terms and conditions of the customer will not be recognized unless expressly approved in writing by the provider.
§2 Conclusion of Contract
The product presentations in the online shop do not constitute a binding offer but an invitation to place an order. By clicking the “order with obligation to pay” button, the customer submits a binding offer to purchase. The provider may accept this offer by sending an order confirmation or by dispatching the goods. The provider stores the contract text but does not make it permanently accessible to the customer.
§3 Prices, Shipping Costs, Payment
All prices include the statutory value-added tax and, unless stated otherwise, shipping costs. Shipping costs are displayed separately during the order process. The customer may choose from the payment methods offered in the shop. In case of late payment, the provider is entitled to charge statutory default interest. The provider reserves the right to request advance payment for first-time customers.
§4 Delivery and Dispatch
Delivery is made to the address specified by the customer. Delivery times are indicated in the shop and commence upon conclusion of the contract, provided all payment obligations have been fulfilled. If delivery becomes partially or wholly impossible (for example, due to force majeure), the provider will inform the customer immediately and may withdraw from the contract. In case of transport damage, the customer should report the damage to the carrier immediately and inform the provider as well.
§5 Retention of Title
The goods remain the property of the provider until full payment has been received.
§6 Right of Withdrawal
Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer takes possession of the goods. To exercise the right of withdrawal, the customer must inform the provider (OH³ GmbH, Wedauer Straße 8, D-40885 Ratingen, Germany info@oh3-handel.de of the decision to withdraw from the contract by means of a clear statement (for example, by letter or email). To meet the withdrawal deadline, it is sufficient to send the notification before the withdrawal period expires. If the customer withdraws from the contract, the provider will reimburse all payments received, including standard delivery costs (except additional costs arising from choosing a different delivery method than the standard option offered), within fourteen days from the day the withdrawal notice was received. The provider may withhold reimbursement until the goods have been returned or until proof of return has been provided, whichever is earlier. The customer must return the goods immediately, and in any case within fourteen days from the day the withdrawal was declared. The customer bears the direct cost of returning the goods unless otherwise agreed. The customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
§7 Warranty (Liability for Defects)
The statutory provisions on warranty apply. For used goods, the warranty period may be limited to one year if expressly stated in the offer. In the event of defects, the customer is entitled to rectification (repair or replacement) and, if rectification fails, to reduction of the purchase price or withdrawal from the contract. Liability for minor negligent breaches of duty is excluded unless essential contractual obligations are affected.
§8 Liability
For damages resulting from simple negligence, the provider is liable only if an essential contractual obligation has been breached. In such cases, liability is limited to the foreseeable, typical damage. The provider is fully liable for intent, gross negligence, personal injury, and under the Product Liability Act.
§9 Data Protection
The provider’s Privacy Policy, available on the website, applies.
§10 Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer resides. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the provider’s registered office. Should any provision of these Terms and Conditions be invalid, the remaining provisions shall remain unaffected.