General Terms and Conditions of Business of O’Neal Europe§ 1 Scope, definition of terms
(1) For contract conclusions through our online shop www.oneal.eu, only the following general terms and conditions of business (GTC) in their version valid at the time of the order shall be applicable to the business relationship between O’Neal Europe GmbH & Co. KG (hereinafter “Provider” and the customer (hereinafter “Customer”).
(2) The Customer is a consumer in the sense of these GTC, provided the purpose of the ordered deliveries and services cannot be mainly attributed to his commercial or independent professional activities. An Operator, on the other hand, is any natural or legal person or partnership with a legal capacity who acts in the exercise of its commercial or independent professional activity when concluding the contract.
§ 2 Conclusion of contract
(1) The Customer can select products from the Provider’s product range, in particular clothing and accessories for mountain bikes and motorcycles, and collect these in a so-called shopping cart by using the “Add to cart” button. By clicking the “Buy” button, the Customer makes a binding request to purchase the goods in the shopping cart. The Customer can change and view the data at any time before sending the order. However, the order can only be submitted and transmitted if the Customer has accepted these contractual conditions and has thus included them in his order by selecting the “I have read and accept the general terms and conditions” box.
(2) The Provider then sends the Customer an automatic confirmation of receipt by e-mail, which once again lists the Customer’s order 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 an acceptance of the order. The contract is not concluded until the Provider submits the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, we will send the contract text (consisting of the order, GTC and the order confirmation) and the cancellation policy along with the sample withdrawal form on a durable medium (e-mail or paper printout) to the Customer (contract confirmation). The contract text is stored in compliance with data protection regulations.
(3) The contract is concluded in the language selected by the Customer in the store.
§ 3 Availability of goods
(1) Delivery dates stated by us are non-binding, unless stated otherwise.
(2) If the product selected by the Customer is unavailable at the time of order, then the Provider shall communicate this to the Customer immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. In this case, no contract will be concluded.
(3) If the product chosen by the Customer in the order is only temporarily unavailable, the Provider shall immediately communicate this to the Customer in the order confirmation.
(4) The following shipping restrictions apply: The Provider shall only ship to Customers who normally live (billing address) in one of the following countries and can provide a shipping address in the same country: USA, Australia, New Zealand.
§ 4 Reservation of title
The delivered goods shall remain the Provider’s property until full payment has been received.
§ 5 Prices and shipping costs
(1) All prices listed on the Provider’s website include the respective statutory VAT.
(2) The respective shipping costs are specified to the Customer in the order form and shall be borne by the Customer, provided the Customer does not make use of his right of withdrawal. In countries within Europe there are certain freight-free limits, which can be found in the shipping costs table.
(3) The goods are shipped by mail. The Provider bears the shipping risk if the Customer is a consumer.
(4) In the event of a withdrawal, the Customer shall bear the direct costs of the return shipment.
§ 6 Methods of payment
(1) The customer can make the payment by credit card, direct debit, cash on delivery, prepayment, or the payment methods connected with and through PayPal (PayPal account, PayPal direct debit, PayPal credit card or PayPal installment payment)
(2) The Customer can change the method of payment stored in his user account at any time.
(3) The payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due on a calendar date, then the Customer shall be considered in arrears once the deadline has been missed. In this case, the Customer must pay the Provider default interest in the amount of 5 percentage points above the base interest rate for the year.
(4) The Customer’s obligation to pay default interest does not exclude the claiming of additional damages caused by default by the Provider.
§ 7 Warranty for material defects, guarantee
(1) The Provider is liable for material defects according to the statutory requirements applicable for this purpose, in particular §§ 434 ff. German Civil Code (BGB). The warranty period on the goods delivered by the Provider to Operators is 12 months.
(2) An additional guarantee for the goods delivered by the Provider only exists if this was expressly specified in the order confirmation for the respective item.
§ 8 Conditions for promotional vouchers
The following conditions only apply to promotional vouchers, unless the voucher specifies otherwise. They do not apply to goods vouchers (i.e. those vouchers that have been purchased [e.g. as a gift]).
- Promotional vouchers can only be used in our online store. To redeem a voucher, the same e-mail address to which the voucher was sent must be used when making the purchase. Vouchers may not be transferred. Only one voucher may be redeemed per order. Vouchers cannot be combined or redeemed for cash and do not bear interest.
- The period of validity and/or minimum order value (including VAT, without shipping costs and fees) are specified during the voucher promotion.
- The voucher value is distributed proportionally to the ordered goods. 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 also has to be reached if the goods are partially returned. Otherwise, the voucher value will not be credited. If goods are returned, the credited amount of the promotional voucher will not be reimbursed and the voucher cannot be reused.
§ 9 Liability
(1) The Customer claims for damages are excluded. This does not apply to the Customer’s claims for damages resulting from injury to life, limb, health or material breach of contract (cardinal duties) as well as liability for other damages based on intentional or grossly negligent breach of duty on the part of the Provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the Provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns Customer claims for damages resulting from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The liability limitations resulting from paragraphs 1 and 2 do not apply if the Provider fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the Customer have reached an agreement regarding the quality of the item. The provisions of the Product Liability Act are not affected.
§ 10 Cancellation policy
(1) When concluding a distance sales transaction, consumers generally have a statutory right of withdrawal, about which the Provider informs them in accordance with the statutory model. There is a sample withdrawal form in paragraph (2).
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without specifying the reason.
The period of withdrawal 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.
In order to exercise your right of withdrawal, you must notify us (O’Neal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665 Vaihingen/Enz, Germany, telephone: +49 7042 289000, fax: +49 7042 2890079, e-mail: email@example.com) by means of an unambiguous declaration (e.g. a letter sent by mail, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you can use the enclosed sample withdrawal form, but this is not required.
In order to comply with the withdrawal period, it suffices that you submit the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments that we have received from you, including the shipping fees (with the exception of additional costs resulting from your choice of a shipping option other than the lower-cost standard shipping we offer), immediately and at the latest within fourteen days from the day on which we receive the notification of your withdrawal from the contract. For this reimbursement, we will use the same method of payment that you used for the original transaction, unless otherwise expressly agreed with you. In no case will you be charged fees for this refund. We can refuse a reimbursement until we have received the goods back or until you have provided evidence that you have sent the goods back, depending on which happens first.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of your withdrawal from this contract. The period shall be considered met if you send the goods before the fourteen day period expires. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
(2) The Provider shall provide information about the sample withdrawal form according to the statutory regulation as follows:
(If you wish to withdraw from the contract, please fill out this form and send it back to us.)
– To: O’Neal Europe GmbH & Co. KG, Erich-Blum-Str. 33, 71665 Vaihingen/Enz, Germany
– I/we (*) hereby withdraw from the contract I/we (*) concluded regarding 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 Provider and the Customer, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations regarding the restriction of the choice of law and the applicability of compelling regulations, especially of the country in which the Customer normally resides as a consumer, remains unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the Provider’s headquarters shall be the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider.
§ 12 Consumer dispute mediation
(1) The European Commission provides a platform for online dispute resolution, which you can access at https://ec.europa.eu/consumers/odr.
(2) In the event of legal conflicts with consumers (§ 13 German Civil Code), we are prepared to participate in a consumer mediation procedure in accordance with the Consumer Dispute Resolution Act. The mediation body responsible for us is the consumer mediation body of the Zentrum für Schlichtung e.V. [Center for Mediation], Straßburger Strasse 8, 77694 Kehl am Rhein, Germany, phone: +49 7851 795 79 40, fax: +49 7851 795 79 41, e-mail: firstname.lastname@example.org, website: www.verbraucher-schlichter.de