(1) For the business relationship between O'Neal Europe GmbH & Co. KG (hereinafter referred to as the "Supplier") and the customer (hereinafter referred to as the "Customer"), the following General Terms and Conditions ("GTC") shall apply exclusively to contracts concluded via our online shop www.oneal.eu in the version valid at the time of the order.
(2) The customer is a consumer within the meaning of these GTC, 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 who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§2 Conclusion of contract
(1) The customer can select products from the provider's range, in particular clothing and accessories for mountain bikes and motorbikes, and collect them in a so-called shopping basket using the "Add to basket" button. By clicking the "Buy" button, the customer submits a binding request 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 application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by selecting the field "I have read and accept the GTC" and has thereby included them in his application.
(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 order, GTC and order confirmation) as well as the cancellation policy and sample cancellation form will be sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored in compliance with data protection regulations.
(3) The contract is concluded in the language selected by the customer in the shop.
§3 Availability of goods
(1) Delivery dates stated by us are non-binding, unless otherwise stated.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately.
(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately.
(4) The following delivery restrictions apply: The supplier does not deliver to customers who have their habitual residence (billing address) in one of the following countries and/or specify a delivery address in the same country: USA, Australia, New Zealand.
§4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§5 Prices and 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 last step of the ordering process ("Overview") before the purchase is concluded in the order form and are to be borne by the customer, unless the customer exercises his right of cancellation. In countries within Europe there are certain freight limits, which can be found in the shipping costs table.
(3) The goods are dispatched by an authorised shipping company. The shipping risk is borne by the supplier if the customer is a consumer.
(4) The supplier shall bear the costs of returning the goods if you use the return label provided by us for a return shipment.
§6 Payment modalities
(1) The customer can make payment by credit card, direct debit, or the payment methods linked to and through PayPal (PayPal account, PayPal direct debit, PayPal credit card or PayPal instalment payment).
(2) The customer can choose from the payment methods listed under (1) for each new order.
(3) If the customer uses the credit card payment method, data is exchanged with the credit card provider via a securely encrypted SSL connection in accordance with the state of the art. If the payment is secured via 3D-Secure or Verified by Visa, a payment can only be processed if the customer has successfully authorised the payment via this procedure. The credit card will be charged when the order is finalised. In the case of returns, e.g. because the customer has cancelled the contract after delivery, a credit note will be issued to the credit card specified when the order was placed.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.
§7 Warranty for material defects, guarantee
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
(2) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
§8 Conditions for promotional vouchers
The following conditions only apply to promotional vouchers, unless otherwise stated on the voucher. They do not apply to merchandise vouchers (i.e. vouchers purchased against payment, e.g. as a gift):
Promotional vouchers can only be used in our online shop. To redeem a voucher, the same e-mail address must be used for the purchase to which the voucher was sent. Vouchers may not be transferred. Only one voucher can be redeemed per order. Vouchers cannot be combined or redeemed for cash and do not earn interest.
Validity period and minimum order value (incl. VAT, excluding shipping costs and fees) will be announced with the voucher promotion.
The value of the voucher will be distributed proportionally among the goods ordered. If individual items are returned, the voucher will be credited proportionally to the price of the returned goods. If a voucher is linked to a minimum order value, this must also be reached if goods are partially returned. Otherwise the value of the voucher will not be credited. If goods are returned, the credited amount of the promotional voucher will not be refunded and the voucher cannot be used again.
(1) Customer claims 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 material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of 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 provider 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.
§10 Cancellation policy
(1) Consumers generally 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. A sample cancellation form can be found in paragraph (2).
Right of cancellation
You have the right to cancel 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, took possession of the goods. If you have ordered several goods as part of a single order and these are delivered separately, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise your right of cancellation, you must inform us (O'Neal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665 Vaihingen/Enz, Germany, phone +49 7042 289000, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
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. For this repayment, we will 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 any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. We shall bear the costs of returning the goods. You only have to pay for any
loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
(2) The provider provides the following information about the model cancellation form in accordance with the statutory provisions:
Model cancellation form
(If you wish to cancel the contract, please complete and return this form).
- To: O'Neal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665 Vaihingen/Enz, Germany
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
(*) Delete as appropriate.
§11 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier 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.
§12 Consumer dispute resolution
(1) The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr.
(2) In the event of legal conflicts with consumers (§ 13 BGB), we declare our willingness to participate in a consumer arbitration procedure in accordance with the Consumer Dispute Settlement Act. The arbitration board responsible for us is the consumer arbitration board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, phone 07851/795 79 40, fax 07851/795 79 41, e-mail: email@example.com, website: www.verbraucher-schlichter.de