General terms and conditions of business
General terms and conditions of the company ollihess, represented by Mr. Oliver Hess, Uenzer Dorfstraße 71, 27305 Bruchhausen-Vilsen.
1 General / Conclusion of contract
1.1. The purchase contract is concluded by the delivery of the goods.
1.2. Your orders will be stored by us for 24 months after your order. If you lose your records of your orders, please contact us by email/fax/phone. We will gladly send you a copy of the data of your order.
2. prices and terms of payment
2.1. The list prices at the time of the order apply to the delivery.
2.2. All our prices include the statutory value added tax. Shipping costs and, if applicable, cash on delivery fees will be charged additionally depending on the size, weight and number of packages.
2.3. A payment shall only be deemed to have been made when we can dispose of the amount. In the event of a delay in payment, we shall be entitled to charge interest on arrears at a rate of 5 percentage points for consumers and 8 percentage points for entrepreneurs above the respective base interest rate of the ECB in accordance with the Discount Transition Act. Bills of exchange or cheques shall only be accepted by agreement and on account of performance and shall only be deemed to be payment after they have been honoured. Discount and collection charges shall be borne by the customer. We do not assume any liability for the timely submission.
2.4. The customer, who is an entrepreneur, is only entitled to fulfil the obligation to pay the purchase price by offsetting if his counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, he shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
3. delivery period
3.1. All articles that are immediately available from our warehouse will be dispatched as quickly as possible. If articles are not immediately available, so that the delivery time is delayed, we will inform you immediately.
3.2. The delivery period begins with our confirmation of readiness for delivery.
3.3. If necessary, the delivery period shall be extended by the time until you have handed over all details and documents which are necessary for the execution of the order.
3.4. Delays in delivery caused by legal or official orders (e.g. import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. We will inform you of the start and end of these without delay in important cases.
4 Delivery, dispatch, transfer of risk
4.1. Partial deliveries by us are permissible, as far as these are reasonable for you.
4.2. We may determine the mode of dispatch, the dispatch route and the company entrusted with the dispatch at our discretion, unless you give express instructions.
4.3. In the case of a purchase of consumer goods, the risk shall pass to you as soon as the consignment with the delivery items is handed over to you by the carrier.
4.4. Obvious damage to the transport packaging must be acknowledged immediately by the shipping company and reported to us.
5. cancellation policy / return instructions
5.1. Right of withdrawal
You have the right to cancel this contract within fourteen (14) days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us, ollihess.de, Mr. Oliver Hess, Uenzer Dorfstraße 71, 27305 Bruchhausen-Vilsen, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form, which is not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
5.2. Consequences of revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have to return the goods immediately and in any case within fourteen days at the latest.
days from the day on which you notify us of the revocation of this contract,
to us (ollihess.de, Mr. Oliver Hess, Uenzer Dorfstraße 71, 27305 Bruchhausen-Vilsen) or to hand over. The time limit shall be deemed to have been met if you deliver the goods before
Send off at the end of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods,
if this loss in value is due to a person responsible for examining the condition, properties and
Functionality of the goods is not necessary handling with them back.
5.3. Return instructions
In order to be able to process returns quickly, we ask you to fill out the sample return form and enclose it with the return shipment.
5.4. Return costs
You shall bear the direct costs of returning the goods. Therefore, please return the goods to us with sufficient postage.
Please help us to avoid unnecessary costs and do not return the goods freight collect.
The return is of course free of charge for you if the goods are damaged or do not correspond to those ordered.
We will refund you as soon as we have received and inspected your return. No later than 14 business days after receipt of the return, the corresponding credit amount will be refunded to the payment method selected in your original order.
We are of course happy if you order something new for returned items or return only a part of your order. We will then offset or refund the corresponding part/amount. If the transfer has already been made, the payment amount of the returned items will be credited to your bank account.
6. refusal to accept
If a purchaser who is not a consumer within the meaning of § 13 BGB (German Civil Code) does not accept the goods sold, we shall be entitled to insist on acceptance or to demand 10% of the purchase price as a lump-sum compensation for damages and expenses, unless the purchaser proves that no damage or a lesser damage has been incurred. In the event of exceptionally high damage, we reserve the right to assert this claim. For the duration of the buyer’s default in acceptance, we are entitled to store the delivery items at the buyer’s risk on our premises, with a forwarding agent or with a warehouse keeper. During the period of default in acceptance, the buyer shall pay us a flat rate of 15 euros per month for the storage costs incurred without further proof. The lump-sum compensation shall be reduced to the extent that the Buyer proves that no expenses or damage have been incurred. In the event of exceptionally high storage costs, we reserve the right to claim these.
7. retention of title
7.1. We reserve title to the object of sale until full payment of all claims arising from the delivery contract, including ancillary claims (e.g. bill of exchange costs, financing costs, interest, etc.). In the event of any breach of contract on your part, we shall be entitled to demand the return of the purchased item.
7.2. In the event of seizures or other interventions by third parties, you must notify us immediately in writing.
7.3. Any processing or transformation of the object of sale by you shall always be carried out on our behalf. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale to the other processed objects at the time of processing.
7.4. You are entitled to resell the goods in the ordinary course of business. However, you hereby assign to us all claims against your customer or third parties arising from the resale in the amount of the final invoice amount.
8 Warranty / Disclaimer
8.1. The warranty rights are based on the statutory provisions, unless otherwise stated below. Liability for normal wear and tear is excluded. In the case of used goods, the warranty period is 12 months from the transfer of risk.
8.2. We do not accept any liability for defects and damage resulting from unsuitable or improper use, non-observance of instructions for use or incorrect or negligent handling. This also applies to defects and damage caused by fire, lightning, explosion or mains overvoltage or moisture of any kind, unless the buyer proves that these circumstances are not the cause of the defect complained of.
8.3. The warranty becomes void if you carry out interventions and/or repairs on devices or have them carried out by persons who have not been authorised by us, insofar as the defect that has occurred is due to this.
8.4. Section 377 of the German Commercial Code (HGB) shall apply to obvious defects in commercial transactions.
8.5. In the event of a warranty claim, the consumer shall be entitled to assert a right to rectification of defects or delivery of defect-free goods (subsequent performance) at his discretion. If the chosen type of supplementary performance is associated with disproportionately high costs, the claim shall be limited to the remaining type of supplementary performance. Within the scope of the delivery of defect-free goods, the exchange into higher-quality products with comparable characteristics is already now deemed to be accepted, provided that this is reasonable for the consumer and us (e.g.: exchange into the successor model, same model series, etc.). Further rights, in particular the cancellation of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or if the subsequent performance fails twice.
8.6. If the purchaser is an entrepreneur, we shall be entitled to choose between rectification of defects or delivery of defect-free goods within one year of the delivery date within the meaning of § 439 BGB (German Civil Code). After the expiry of one year from the date of delivery, his warranty claims shall be limited to rectification of defects or credit note for the current value at our discretion. Should the entrepreneur demand reimbursement of expenses within the meaning of § 478 II BGB, this shall be limited to a maximum of EUR 1,000. 2% of the original value of the goods. Claims based on § 478 BGB are covered by the 24-month warranty for entrepreneurs according to 8.1 in the sense of the equivalent compensation according to § 478 IV p. 1 BGB.
8.7. No new warranty/guarantee periods shall come into force as a result of an exchange under the warranty/guarantee; § 203 of the German Civil Code (BGB) shall remain unaffected.
8.8. We do not assume any guarantee for the stated quality of the goods in the sense of § 443 BGB (German Civil Code). Any warranty rights granted by the manufacturer shall remain unaffected by this and shall be determined exclusively in accordance with the warranty declaration handed over to the customer with the goods.
8.9. In accordance with the statutory provisions of warranty law, we shall be liable without limitation for damages arising from injury to life, limb or health that are based on a negligent or intentional breach of duty on our part or an intentional or negligent breach of duty on the part of our vicarious agents. In addition, we shall be liable without limitation in accordance with the statutory provisions for other damages if these are based on the breach of a material contractual obligation. This shall be the case if the breach of duty relates to a duty the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer has relied and was entitled to rely.
8.10. The liability provisions regulated under 8.9 are limited to the foreseeable, typically occurring damage and also apply to other breaches of duty outside of warranty law. This includes in particular the breach of main and ancillary performance obligations in the period prior to delivery of the goods. Otherwise, liability is limited to intent and gross negligence. We shall not be liable for the recovery of data unless we have caused the loss intentionally or by gross negligence and the purchaser has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.
8.11. For the processing of warranty claims, please note the information in our current return and service information enclosed with each delivery.
9. rescission in the event of deterioration of assets
We can withdraw from the contract if we become aware of a cessation of payments, the opening of insolvency or judicial composition proceedings, the rejection of insolvency for lack of assets, bill or cheque protests or other concrete indications of deterioration in the financial circumstances of the purchaser.
10. use of customer data
We are entitled to process all data concerning business relations with you in accordance with the Federal Data Protection Act.
Reference is made to our data protection regulations.
11 Jurisdiction, partial invalidity, applicable law
11.1. In business transactions with merchants and with legal entities under public law, Syke is agreed as the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and cheques; we are also entitled to take legal action at the buyer’s place of business.
11.2. In the event that individual provisions of the supply contract or these General Terms and Conditions of Business are invalid, the remaining provisions shall continue to be valid.
11.3. In business transactions with consumers within the European Union, the law of the consumer’s domicile may also be applicable, provided that it is mandatory under consumer law.
The protection of your data is of utmost importance to us, which is why compliance with data protection regulations is a matter of course for ollihess.
Below you will find information about the use of data and our data protection principles.
General data protection information
ollihess collects personal data in the context of order, offer and complaint, if you give this information voluntarily in the context of an inquiry or registration. Personal data is information such as name, address, telephone number and e-mail address that can be assigned to your person. Personal data is only collected and processed by us for the purpose of carrying out orders and notifying deliveries in accordance with § 3 of the Federal Data Protection Act. Any further use, e.g. for advertising purposes without your express consent, is excluded. Insofar as we use data for a purpose that requires your consent in accordance with the provisions of data protection law, you will always be asked for your consent.
With each access to our homepage www.ollihess.de and each call of a file deposited on the homepage we receive additionally the following data:
- Your IP address (= host name of the accessing computer),
- Your URL,
- The date and time of the server request,
- Browser type/version used and
- Operating system used.
Within the framework of a user account, we collect further data from you for reasons of security and to process our service. In doing so, we assure you that the data will be processed exclusively for the purpose of providing the service you have requested. Finally, we will only disclose your information to third parties or government agencies in accordance with existing data protection laws to the extent that we are legally required or authorized to do so.
You can obtain information about the scope and purpose of data processing at any time. You can either access these via your user account or request them via email@example.com. If we have been permitted to use or transfer the data by your express consent, this may be revoked at any time by writing to olli@ollihess and a notification of any further recipients may be requested. Furthermore, data will be corrected, blocked or deleted on request, provided that they are not required for the fulfilment of the contract or a storage is prescribed due to legal regulations.
Special data protection information on cookies
ollihess uses so-called cookies on its homepage. Cookies are small text files that can be placed on a website visitor’s hard drive and store information about a website visit to identify repeat visits. Among other things, they are used to facilitate navigation on a website or to control the display of advertisements. In addition, the data obtained with the cookie is used to compile statistics about the pages. However, these data are anonymous and are not associated with personal data. The cookie primarily used by us serves exclusively for the functionality of the user account and that of the shopping cart, so that this is retained between visits to our homepage.
Another cookie is used for the Google Analytics function.
If you have reached our homepage via Google AdWords, a further cookie is set. All cookie functions can be deactivated by you at any time via the settings of your web browser, and cookies that have already been created can be deleted completely. For more information, please refer to the help function of your web browser. Please note, however, that cookies are necessary for some functions on our homepage (e.g. the shopping cart), and switching them off can lead to malfunctions.
Special data protection information for Google Analytics
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de).
You can find more information about this under
http://tools.google.com/dlpage/gaoptout?hl=de or at
http://www.google.com/intl/de/analytics/privacyoverview.html (general information about Google Analytics and privacy).
If you have reached our website via Google AdWords, a valid cookie will be set for 30 days. Within this time, we and Google can recognize that the user has been redirected to our site. This cookie is used to create statistics, which evaluates in anonymous form whether sales have been generated via this contact. This evaluation is used for billing and evaluation of advertisements and does not contain any personal data about you.
Please note that data transmission on the Internet (e.g. communication by e-mail) can have security gaps, so that complete data security cannot be guaranteed.
We hereby expressly object to the use of the contact data provided in the imprint or otherwise on this page for sending advertising or other information material that has not been expressly requested.
If you have any further questions on the subject of data protection or wish to request information or changes, please do not hesitate to contact us at firstname.lastname@example.org.