Terms of Service
General terms and Conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Oliver Freiheit) via the website www.o-gundam.de. Unless otherwise agreed, the inclusion of your own conditions that may have been used by you is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 conclusion of the contract
(1) The subject of the contract is the sale of goods.
We sell the goods partially or exclusively as a commission agent in our own name on behalf of a third party, i.e. for a third party as the owner of the goods. Regardless of this, we are contractual partners with all rights and obligations.
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in the navigation bar, you can call up the “shopping cart” and make changes there at any time.
After calling up the “Checkout” page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be directed back to the order overview page in our online shop.
Before sending the order, you have the option to check all the information here again, to change it (also using the “back” function of the Internet browser) or to cancel the purchase.
By submitting the order using the “order for a fee” button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after the conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness and we do not assume any liability for errors.
§ 4 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 warranty
(1) The statutory warranty rights apply.
(2) In the case of used items, claims for defects are excluded if the defect only becomes apparent one year after delivery of the item. If the defect appears within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:
- culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or with gross negligence;
- as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item.
(3) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the forwarding agent of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
§ 6 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer information
- Identity of the seller
Eichenhxxxofer Wexxxg 15
xxxxxx cologn Germany
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
- Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I.).
- Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.
3.3. For quotation requests outside of the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
- Codes of conduct
4.1. We have submitted to the buyers seal quality criteria of the Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatslösungen.pdf and https: //www.ecommercetrustmark.eu/the-code-of-conduct/
- Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the respective offer.
- Prices and payment methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery is promised.
6.3. You have to bear the costs of the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
- Terms of delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else appointed to carry out the shipment.
- Statutory warranty rights
The liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.
last update: 23.10.2019