TERMS OF SERVICE
1. Scope and provider
(1) These general terms and conditions apply to all orders that you place in the online shop of oomooi e.U., owner Katrin Spindler.
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of customers who contradict our general terms and conditions is already contradicted.
(4) Contract languages are exclusively German or English.
(5) You can call up and print out the currently valid general terms and conditions on the website.
2. Conclusion of the contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the button “Order now with obligation to pay” you are submitting a binding purchase offer.
(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.
(4) A purchase contract for the goods is only concluded if we expressly declare our acceptance of the purchase offer or if we send the goods to you - without a prior express declaration of acceptance.
(1) The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs.
4. Payment terms; Default
(1) Payment can be made either via Visa, Mastercard, Maestro, Paypal, Apple Pay, Google Pay or eps transfer.
(2) If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For every reminder sent to you after the default has occurred, you will be charged at least a reminder fee of 5 EUR, unless you can prove lower damage.
5. Set-off / right of retention
(1) You are only entitled to offset if your counterclaim has been legally established or is not disputed by us.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6. Delivery, Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provided.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur within the meaning of Section 1 UGB, the following also applies:
- We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
- You can resell the goods in the ordinary course of business. In this case, you now assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us.
(4) There is no general obligation to take back shipping and sales packaging for private end consumers who have ordered goods in the oomooi online shop. All packaging material that is used to ship the goods ordered online by oomooi is necessary packaging to protect the goods. The customer must dispose of the packaging via the household waste / packaging collection (waste paper, residual waste, etc.).
If your order is delivered on a transport pallet, this is a one-way pallet. This becomes the property of the customer after delivery. We will therefore not pick up this pallet from you. If you would like to dispose of this pallet, please contact the nearest waste material collection point or landfill.
7. Cancellation policy
(1) In the event that you are a consumer within the meaning of Section 1 of the Consumer Protection Act, i.e. you are purchasing for purposes that are predominantly neither commercial nor self-employed, you have a right of withdrawal in accordance with the following provisions .
(2) Right of withdrawal
- You have the right to withdraw from this contract within fourteen days without giving any reason.
- The cancellation 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.
- In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
- To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
(3) Consequences of the withdrawal
- If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the goods back or until you have provided evidence that you have received the goods returned, whichever is earlier.
For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
- We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
- You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
- You 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 handling you that is not necessary to check the nature, properties and functionality of the goods.
(4) Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
Company: oomooi e.U.
Address: Freistädter Straße 23, 4040 Linz, Austria
I / we (*) hereby revoke the contract concluded by me / us (*)
the purchase of the following goods (*):
Ordered on (*) / received on (*)
Name of the consumer:
Address of the consumer:
Signature of the consumer (only if this is communicated on paper)
(*) Delete where inapplicable.
End of revocation
(5) The right of withdrawal does not apply to the 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 (e.g. T-shirts with Your photo and your name), for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery or for the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after delivery.
(6) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage caused by inadequate packaging.
(7) Please email us at email@example.com to announce the return. In this way you enable us to assign the products as quickly as possible.
(8) Please note that the modalities mentioned in the preceding paragraphs 6 and 7 are not a prerequisite for the effective exercise of the right of withdrawal.
8. Transport damage
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. But you help us to assert our own claims against the carrier or the transport insurance.
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of sales law.
(2) If you are a consumer within the meaning of § 1 KSchG, the limitation period for warranty claims for used items is one year - contrary to the statutory provisions. This limitation does not apply to claims based on damage to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of Section 1 UGB, the statutory provisions apply with the following modifications:
- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
- In the event of defects, we guarantee, at our option, either repair or replacement (subsequent performance). In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
- The warranty period is one year from date of delivery.
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.
(2) In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and which you can regularly rely on compliance (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
11. Final provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Only Austrian law applies to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
(3) If you are a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is Linz, Austria.