General Terms and Conditions of the company ollihess, represented by Oliver Hess – Uenzer Dorfstraße 71 – 27305 Bruchhausen-Vilsen
1 General / Conclusion of contract
- The purchase contract is concluded by the delivery of the goods.
- Order data is stored by us for 24 months. In case of self-loss of your order data, please contact us by e-mail or phone. We will gladly send you a copy of the data of your order.
2. prices and terms of payment
- For the delivery of available articles the prices of the price list of ollihess valid at the respective time of order apply.
- All our prices include the statutory sales tax. The shipping method and packaging are subject to the dutiful discretion of the seller.
- 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 in the amount of 8 percentage points above the respective base interest rate of the ECB in accordance with the Discount Transition Act.
- The customer, who is an entrepreneur, is only entitled to fulfill the obligation to pay the purchase price by offsetting if his counterclaims have been legally established, are undisputed or have been recognized 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.
- Price changes and errors in our product catalog are reserved.
3. delivery period
- All items that are immediately available from our warehouse will be shipped within 1 – 7 business days (after receipt of payment if payment is made in advance). If items are not immediately available, so that the delivery time is delayed, we will inform you.
- The delivery period begins with our confirmation of readiness for delivery.
- 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.
- 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
- Partial deliveries by us are permissible insofar as they are reasonable for you.
- We may determine the method of shipment, the shipping route and the company entrusted with the shipment at our discretion, unless you give express instructions.
- In the case of a consumer goods purchase, the risk shall pass to you as soon as the shipment with the delivery items is handed over to you by the carrier.
- Obvious damage to the transport packaging must be acknowledged immediately by the shipping company and reported to us.
5. cancellation policy
- Right of withdrawal: You have the right to withdraw from your purchase contract within fourteen (14) days without giving any reason. The withdrawal period begins with the date of taking possession of the ordered goods you or a third party named by you, who is not the carrier. have taken or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us, ollihess, Oliver Hess, Uenzer Dorfstraße 71, 27305 Bruchhausen-Vilsen, phone: 04252-9098955, e-mail: firstname.lastname@example.org 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 retrievable model withdrawal 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.
- Consequences of cancellation: If you revoke this contract, we must return to you all payments that we have received from you, including the 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 from the day on which we received the notification of your revocation of 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 must return or hand over the goods to us (ollihess, Uenzer Dorfstr. 71, 27305 Bruchhausen-Vilsen) immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods, which will be done with a shipping service provider of your choice. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
- Exclusion of the right of revocation
The right of revocation does not exist in the case of
- Delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Delivery of sound or video recordings in a sealed package, if the seal has been removed after delivery.
6. refusal to accept
- The Buyer’s refusal to accept the goods shall not constitute a revocation within the meaning of § 355 para. 1 BGB (German Civil Code).
- If a buyer who is not a consumer within the meaning of § 13 BGB (German Civil Code) does not accept the sold goods, 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 buyer 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.
6.3. In the event of an unjustified refusal of acceptance, we shall be entitled, in accordance with § 304 of the German Civil Code (BGB), to invoice you for the resulting claims for reimbursement of expenses.
7. retention of title
- We retain title to the purchased item until full payment of all claims arising from the delivery contract, including ancillary claims (e.g. financing costs, shipping 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.
- In the event of seizures or other interventions by third parties, you must notify us immediately in writing.
- 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.
- 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
- The warranty rights are governed by 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.
- We do not assume any warranty for defects and damages resulting from unsuitable or improper use, non-observance of application instructions or faulty 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.
- The warranty expires if you carry out interventions and/or repairs on devices or have them carried out by persons who have not been authorized by us, provided that the defect that has occurred is due to this.
- Section 377 of the German Commercial Code (HGB) shall apply to obvious defects in commercial transactions.
- 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.
- 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.
- No new warranty/guarantee periods shall come into force as a result of a replacement under the warranty/guarantee; § 203 of the German Civil Code (BGB) shall remain unaffected.
- We do not assume any guarantee for the specified quality of the goods within the meaning of § 443 BGB. 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.
- 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.
- The liability provisions regulated under 8.9 are limited to the foreseeable, typically occurring damage and also apply to other breaches of duty outside the 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.
- If you have any questions regarding the handling of warranty claims, please contact us via e-mail or telephone. You can find a return form online at https://www.ollihess.de/app/uploads/2022/05/Ru%CC%88cksendeformular_Olli.pdf
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.
- 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.
10 Jurisdiction, partial invalidity, applicable law
- 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; we are also entitled to file suit at the buyer’s place of business.
- 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.
- In business transactions with consumers within the European Union, the law of the consumer’s domicile may also be applicable, provided that the provisions of consumer law are mandatory.
11. data protection
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, Oliver Hess.
- Processing and disclosure of data to third parties shall only take place to the extent necessary for the performance of the contractual relationship between the seller and the client.
- The client has a right to free information about his stored personal data at any time and, if necessary, a right to correction, blocking and deletion of this data.
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 by telephone or at email@example.com.
Last change: 23.02.2023