Terms
Overview
1. Scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Right of withdrawal
11. Exclusion of the right of withdrawal
12. Returns
13. Return costs in case of withdrawal
14. Storage of the contract text
15. Data protection
16. Place of jurisdiction, applicable law, contract language
1. Scope
1.1. The business relationship between Oney Koontz, owners: Ayse Romey and Jonas Hansen (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB).
1.3. Deviating terms and conditions of the customer shall not be recognized unless the Seller expressly agrees to their validity in writing.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not constitute a warranty or guarantee.
2.2. All offers are valid “while stocks last,” unless otherwise stated for the products. Errors excepted.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking on the [Add to shopping cart] button.
3.2 The customer can then proceed to the checkout by clicking on the [Checkout] button in the shopping cart.
3.3. By clicking on the [Pay] button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, hands it over, or confirms the shipment to the customer within 2 days with a second email, express order confirmation, or by sending the invoice.
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory value added tax.
4.2. In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.
5. Delivery, availability of goods
5.1. If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller shall refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller shall immediately refund any payments already made by the customer. If advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
6. Payment terms
6.1. The customer can choose from the available payment methods during and before completing the order process.
6.2. If third-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions shall apply.
6.3. If the due date for payment is determined according to the calendar, the customer shall be in default simply by missing the deadline. In this case, the customer shall pay default interest at a rate of 5 percentage points above the base rate.
6.4. The customer's obligation to pay default interest does not exclude the seller from asserting further claims for damages caused by default.
6.5. The customer shall only be entitled to offset claims if their counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
The delivered goods (reserved goods) remain the property of the seller until all current and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.
If the buyer defaults on payment of the purchase price, the seller has the right to withdraw from the purchase contract and demand that the buyer surrender the reserved goods, provided that the seller has unsuccessfully set the buyer a reasonable deadline for payment. This does not apply if setting a deadline is dispensable according to the statutory provisions. The demand for surrender does not simultaneously contain a declaration of withdrawal; rather, the seller is entitled to demand only the return of the goods and to reserve the right to withdraw from the contract.
In the event of conduct contrary to the contract, the seller may demand that the buyer disclose the assigned claims and the respective debtors, notify the respective debtors of the assignment, and hand over all related documents to the seller, as well as provide all information required by the seller to assert the claims.
The buyer undertakes, as long as ownership has not yet been transferred to him, to treat the goods subject to retention of title with care and to insure them adequately at his own expense against fire, water, and theft damage at replacement value (note: only permissible in the case of the sale of high-value goods).
Until the secured claim has been paid in full, the goods subject to retention of title may neither be pledged to third parties nor transferred as security.
If the buyer files for insolvency, they must notify the seller immediately in writing. If the goods subject to retention of title are seized by third parties or are subject to other interventions by third parties, the buyer is obliged, as long as ownership has not yet been transferred to him, to inform the third party of the seller's ownership rights and to notify the seller immediately in writing so that the seller can enforce his ownership rights. The buyer shall be liable to the seller for any judicial or extrajudicial costs incurred in this connection in accordance with § 771 ZPO (German Code of Civil Procedure), unless the third party is able to reimburse these costs to the seller.
8. Warranty for material defects and guarantee
8.1. The warranty is determined in accordance with statutory provisions.
8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given.
9. Liability
9.1. Notwithstanding other statutory requirements for claims, the following exclusions and limitations of liability shall apply to the Seller's liability for damages.
9.2. The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for this type of contract. The seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb, or health, for a defect after assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Right of withdrawal
Start of withdrawal policy for consumers – Right of withdrawal You may withdraw from your contract within 14 days without giving reasons in writing (e.g., letter, fax, email) or – if the goods are delivered to you before the deadline expires – by returning the goods. The period begins after receipt of this instruction in writing, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations pursuant to § 312g paragraph 1 sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation must be sent to: Oney Koontz, Volkartstrasse 11 80634 Munich
hello@oneykoontz.com
Consequences of revocation:
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g., interest) must be surrendered. If you are unable to return or surrender the received services and benefits (e.g., advantages of use) to us, either in whole or in part, or only in a deteriorated condition, you must compensate us for the loss in value. You only have to pay compensation for the deterioration of the item and for any benefits derived if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail store. Items that can be shipped by parcel post are to be returned at our risk. You shall bear the regular costs of the return shipment if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or, in the case of a higher price of the item, if you have not yet rendered the consideration or a contractually agreed partial payment at the time of revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be shipped by parcel post will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the item, for us with its receipt.
End of the cancellation policy for consumers –
11. Exclusion of the right of cancellation
The right of cancellation does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs, or to the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you.
12. Returns
12.1. Before returning goods, customers are requested to notify the seller of the return at hello@oneykoontz.com in order to announce the return. This enables the seller to assign the products as quickly as possible.
12.2. Customers are requested to return the goods to the seller as a prepaid package and to retain the proof of delivery. Upon request, the seller will reimburse the customer for the postage costs in advance, provided that these are not to be borne by the buyer.
12.3. Customers are requested to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the seller's possession, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages due to damage resulting from inadequate packaging.
12.4. The terms and conditions set out in this section (No. 12) of the General Terms and Conditions are not a prerequisite for the effective exercise of the right of withdrawal in accordance with No. 10 of these General Terms and Conditions.
13. Return costs in the event of withdrawal
13.1. If the customer is a consumer, they shall bear the regular costs of returning the goods in the event of withdrawal (see No. 10 of these GTC), the customer shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 100 euros or, in the case of a higher price of the item, if the customer has not yet rendered the consideration or a contractually agreed partial payment at the time of revocation.
13.2. Otherwise, the return shipment is free of charge for the customer.
14. Storage of the contract text
14.1. The seller stores the contract text of the order. The General Terms and Conditions are available online. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order process.
14.2. The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. The customer will also receive a copy of the General Terms and Conditions with their order.
15. Data protection
15.1. The seller processes the customer's personal data for specific purposes and in accordance with the statutory provisions.
15.2. The personal data provided for the purpose of ordering goods (such as name, email address, postal address, payment details) will be used by the Seller to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery, and payment process.
15.3. The customer has the right to request information free of charge about the personal data stored about them by the seller. In addition, they have the right to correct incorrect data, block and delete their personal data, provided that there is no legal obligation to retain it.
15.4. Further information on the type, scope, location, and purpose of the collection, processing, and use of the necessary personal data by the seller can be found in the privacy policy.
16. Place of jurisdiction, applicable law, contract language
16.1. The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law, or a special fund under public law.
16.2. The law of the Federal Republic of Germany applies. This does not apply if mandatory consumer protection regulations prevent such application.
16.3. The contract language is German.
