TERMS AND CONDITIONS
1. Scope of application, Definitions
(1) The business relationship between the webshop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be accepted unless the Provider expressly agrees to their validity in writing.
(2) The Provider is Ooka GmbH, managing director: Mary-Ann Orr, Fahrenheitstr. 5, 86899 Landsberg, Phone: 1002617 162 +49, e-mail: de.consumercare@ooka.com, registered at Amtsgerichts Augsburg, HRB 39620.
(3) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
2. Conclusion of contract
(1) The Customer can select products from the Provider's range and collect them in a so-called shopping basket using the “Add to Bag" button. By clicking the button "Complete your Secure Purchase", the Customer submits a binding offer to purchase the goods in the shopping basket. Before submitting the order, the Customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the Customer has accepted these contractual terms and conditions by clicking on the button “I agree to the general terms and conditions" and has thereby included them in his offer. These terms and conditions can be viewed and printed out at https://de.ooka.com/en/content/agb .
(2) The Provider then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the application. The contract is only concluded when the Provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the Customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
(3) The contract is concluded in German.
(4) The provider's offer is aimed exclusively at persons of legal age. If the customer is under 18 years of age, they may not order any items from the provider. The delivery and handover of the goods shall only be made to persons of legal age. In order to verify that the customer is of legal age, the supplier may request that a copy of the customer's identity card be sent to the supplier or presented upon delivery. The supplier reserves the right to withdraw from the contract if the customer is not of legal age.
(5) The Provider reserves the right to withdraw from a contract if this order was generated by software, a machine, a crawler, a spider or other automatic web programs or scripted behaviour systems or by using third-party services that were used to place the order on your behalf.
3. Delivery conditions, product availability
(1) Delivery times stated by the Provider are calculated from the time of the order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be between 1 to 7 days.
(2) If no units of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product specified by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this immediately in the order confirmation.
(4) The following delivery restrictions apply: The Provider only delivers to Customers who have their habitual residence (billing address) in Germany.
4. Property reservation
The delivered goods remain the property of the provider until full payment has been made.
5. Price, shipping costs
(1) All prices stated on the Provider's website include the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the Customer in the order form and are to be borne by the Customer, unless the Customer makes use of his right of cancellation. From an order value of EUR 59, the Provider delivers to the customer free of shipping costs. If the Customer chooses a shipping method other than the standard shipping method specified by us (e.g. express shipping). The Customer must also bear the shipping costs in the event of cancellation.
(3) The goods shall be dispatched by post. The shipping risk is borne by the Provider if the Customer is a consumer.
(4) In the event of cancellation, the Customer shall bear the direct costs of the return shipment.
6. Terms of payment
(1) The Customer can pay by instant bank transfer, advance payment, direct debit, credit card, Klarna, Paypal, cash on delivery or on account.
(2) For each order, the Provider reserves the right not to offer certain payment methods and to refer to other payment methods. Please note that the Provider only accept payments from accounts within the European Union (EU). Any costs of a money transaction are to be borne by the Customer.
(3) If the Customer creates a user account, the payment method will be saved in the user account. The Customer can change or delete the payment method stored in his user account at any time during the order taking process.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. In the case of purchase on account, payment is due upon receipt of the invoice. If the due date of the payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, he must pay the supplier interest on arrears for the year at a rate of 5 percentage points above the base rate.
(5) In the case of advance payment, the Provider shall send the bank details by e-mail with the order confirmation so that the Customer can make the payment. In the case of direct debit, invoice, payment by instalments and credit card, the Customer's account is debited when the goods are dispatched. In the case of the payment methods Sofortüberweisung, Klarna and Paypal, the Customer is taken directly from the order process to the payment pages of the respective payment company and makes the transfer directly himself.
(6) The customer's obligation to pay default interest does not preclude the provider from claiming further damages caused by default.
(7) You agree that you will receive invoices and credit notes exclusively in electronic form.
7. Promotional vouchers (Coupons)
(1) Promotional vouchers are vouchers that cannot be purchased, but which the Provider issues as part of advertising campaigns with a specific period of validity.
(2) Promotional vouchers can only be used within the specified period and only once as part of an order process. Individual products may be excluded from the voucher promotion.
(3) Promotional vouchers cannot be used for the purchase of gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
(4) The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the payment options offered.
(5) The value of a promotional voucher is neither paid out in cash nor does it bear interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
(6) Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with each other unless we have agreed otherwise.
(7) If you have used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you are keeping if - due to your cancellation - the total value of the order falls below or equals the respective value of the promotional voucher].
8. Gift vouchers
(1) Gift vouchers are issued by Ooka GmbH.
(2) Gift vouchers are not e-money, but an unregulated credit balance. This means that the gift cards are not monitored by the competent supervisory authority, nor does the legal protection for e-money apply. In particular, this means that you have no right to demand repayment in cash.
(3) Gift vouchers can be redeemed at www.ooka.com for qualified products. Qualified products are products that are eligible for that specific gift card, being a specific product category or specific product according to Terms and Conditions of the campaign. A gift voucher cannot be used to purchase additional gift vouchers.
(4) The use of gift vouchers is limited to 3 (three) years from the date of purchase of the gift voucher. Cash payment and reimbursement in the event of loss or damage are not possible.
(5) Gift vouchers are limited to a maximum value of EUR 1000.00 per voucher. Multiple gift vouchers can be redeemed per purchase up to a maximum value of 1000.00 EUR. Any remaining amount will be made available for future purchases. The maximum value of gift vouchers that can be used per calendar month is limited to EUR 5,000.00. The maximum value of gift vouchers that can be linked to your customer account per calendar month is limited to EUR 5,000.00.
(6) The gift voucher is usually activated within 24 hours of purchase.
(7) Gift vouchers can only be redeemed before completion of the order process and cannot be subsequently credited to an order.
(8) If the Customer cancels the order or returns goods for which a gift voucher was used, the amount already paid will be refunded to the gift voucher and made available for future purchases. If the Customer returns goods that were partially paid for with a gift voucher, the purchase price for the non-returned qualified products that could be paid for with the gift voucher will first be settled by redeeming the gift voucher and any remaining amount will be refunded to the other payment method used.
9. Warranty for material defects, guarantee
(1) The Provider shall be liable for material defects in accordance with the applicable statutory provisions. The warranty period for goods delivered by the Provider to entrepreneurs is 12 months.
(2) An additional guarantee only exists for the goods delivered by the Provider if this was expressly stated in the order confirmation for the respective article.
10. Liability
(1) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
11. Withdrawal policy
(1) Consumers have a statutory right of cancellation when concluding a distance selling transaction, about which the Provider provides information below in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). A sample cancellation form can be found in paragraph (3).
Right of Withdrawal
You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.
The 14 (fourteen) days period starts after you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right of withdrawal, you must inform us, Ooka GmbH, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of the withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(2) The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(3) The provider shall provide the following information about the model withdrawal form in accordance with the statutory provisions:
Model withdrawal form:
If you wish to withdrawal from the contract, please fill out this form and send it back to us.
- To Ooka GmbH, Fahrenheitstr. 5, 86899 Landsberg, Tel: , 1002617 162 +49
- E-mail: de.consumercare@ooka.com
- I/We (*) hereby revoke the contract concluded by me/us (*) to purchase the following product (*)
- ordered on (*)/received on (*)
- name of Customer(s)
- adress of Customer(s)
- signature of Customer(s) (only if this form is notified on paper)
- date
(*) Delete as appropriate.
12. Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the Customer as a consumer has his habitual residence, remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the registered office of the Provider in Landsberg.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
(4) These General Terms and Conditions are written in English and German. The German version is binding.