Legal

General Terms and Conditions (GTC)

Terms of service

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Special Conditions for Processing Goods According to Customer Specifications
  10. Redemption of Promotional Vouchers
  11. Redemption of Gift Vouchers
  12. Applicable Law
  13. Place of Jurisdiction
  14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of OMGN GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") 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 apply accordingly to contracts for the delivery of vouchers, unless otherwise specifically regulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 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 for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated in the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button completing the order process. The Customer may also submit the offer to the Seller by e-mail.

2.3 The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), or by delivering the ordered goods to the Customer, or by requesting payment from the Customer after placing the order. If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end 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 is deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer after the order has been sent in text form (e.g. e-mail, fax or letter) together with these GTC. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account provided a customer account has been created before sending the order.

2.5 Prior to binding submission of the order via the Seller's online order form, the Customer may continuously correct his entries using the standard keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the standard keyboard and mouse functions.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact usually takes place via 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 with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further details on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory value added tax. Any additional delivery and shipping costs 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 that are beyond the Seller's control (e.g. customs duties, taxes, money transfer fees) and must be borne by the Customer.

4.3 Payment options will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is carried out to the delivery address indicated by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced the service a reasonable time in advance.

5.3 Self-collection is not possible for logistical reasons.

5.4 Digital documents are delivered electronically.

6) Retention of Title

If the Seller makes advance payment, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 The statutory rights of liability for defects apply.

7.2 The Customer is requested to report obvious defects to the delivery company and to inform the Seller accordingly.

8) Liability

8.1 The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.2 The Seller is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of injury to life, body or health, pursuant to the Product Liability Act, and to the extent of a guarantee assumed by the Seller.

8.3 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable, typically occurring damage. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the compliance of which the Customer may regularly rely.

8.4 Otherwise, the Seller's liability is excluded.

8.5 The above liability regulations also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Special Conditions for Processing Goods According to Customer Specifications

If the subject matter of the contract includes the individual processing, modification or manufacture of goods according to customer specifications, the Customer grants the Seller all rights required for such processing, including but not limited to reproduction rights, distribution rights and any other rights to intellectual property submitted by the Customer. The Customer warrants that the submitted materials do not infringe third-party rights.

10) Redemption of Promotional Vouchers

10.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific period of validity and which 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 Promotional Vouchers may only be redeemed by consumers. Individual products may be excluded from the voucher promotion.

10.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. A Promotional Voucher can only be redeemed per order and cannot be combined with other Promotional Vouchers. The goods value must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded.

10.4 If the order value after deduction of the voucher does not cover the minimum order value (if applicable), the respective minimum order value must be reached through the payment of the difference.

10.5 If a Promotional Voucher was issued for a specific product, a return of this product results in the cancellation of the Promotional Voucher, insofar as the Customer is not entitled to a right of withdrawal.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

11.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the Customer's account.

11.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.4 Gift Vouchers can only be redeemed for one order at a time. If there is not enough of the Gift Voucher balance to cover the total order amount, the difference can be paid using one of the other offered payment methods.

12) Applicable Law

All legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

13) 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 in the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any case also entitled to call the court at the Customer's place of residence.

14) Alternative Dispute Resolution

The EU Commission provides a platform for online dispute resolution (ODR) on the internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.