GENERAL TERMS AND CONDITIONS WITH COSTUMER INFORMATION

Last Update: 27. June 2024

 


Table of contents 

1. Validity of the GTC

  1. The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between OOR Studio GmbH, Wilmersdorferstraße 151, 10585 Berlin, Germany (hereinafter referred to as “Vendor”) and the purchaser, who is hereinafter referred to as “Customer”, of the Vendor’s products, goods and services (hereinafter referred to as “Products” or “Goods”).
  2. A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.

2. General Information on Offers and Orders

  1. The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
  2. Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor’s fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
  3. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time,  as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

3. Ordering Process and Conclusion of Contract

  1. The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process. 
  2. The Vendor may accept the Customer’s offer within two days (hereinafter referred to as the “Acceptance Period”). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer’s offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer’s offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
  3. By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.

4. Contract Text and Contract Language

  1. The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
  2. The contract language is English, contracts can be concluded in this language.

5. Prices and Shipping Costs

  1. Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
  2. The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
  3. In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer

6. Payment Methods and Terms

  1. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
  2. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
  3. If a payment is not made or reversed due to insufficient funds in the Customer’s account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called “pre-notification”).
  4. If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.
  5. Prepayment – If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences.
  6. SEPA Direct Debit – By placing the order, the Customer grants the Vendor a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, the Vendor is authorised to initiate the payment transaction, whereby the Customer’s bank account is automatically debited. The Customer will be informed of the date on which the bank account will be debited (referred to as ” Pre-Notification”). The Pre-Notification is not bound by form and can, for example, take the form of an invoice, details in an e-mail, on a website or be included in GTCs. The period of notice of the date on which the bank account is to be debited is 5 days (referred to as the “Pre-Notification Period”). The invoice amount is due after the direct debit mandate has been issued, but not before the Pre-Notification Period has expired. The account shall be debited before shipment of the goods but not before the expiry of the Pre-Notification Period. 
  7. Credit card payment – When placing an order, Customers provide their credit card details. The Customer’s credit card will be charged immediately after completion of the order and after the Customer’s authorisation as the legitimate cardholder.
  8. PayPal – The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”) by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full and will be communicated to the Customer during the payment process.
  9. PayPal Express – The customer pays the amount owed by means of the PayPal transaction.
  10. PayPal Plus (PayPal) – The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.
  11. PayPal Plus (Direct Debit) – The Customer can pay by means of PayPal’s direct debit procedure even if he does not have a PayPal account. The Customer issues a SEPA direct debit mandate to PayPal. By issuing the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, which automatically debits the Customer’s bank account. The Customer will be informed about the date of the debit of the bank account (referred to as “Pre-Notification”).
  12. PayPal Plus (Credit Card) – The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer’s account is automatically debited.
  13. PayPal Plus (Purchase on account) – The Customer can make a purchase on account via PayPal even if he does not have a PayPal account. Prerequisite is a successful verification of the address and creditworthiness of the customer by PayPal. The Vendor assigns the payment to PayPal. A debt-discharging payment can only be made to PayPal according to the conditions and the selected, or stated payment term of PayPal.  The terms of use of PayPal for the purchase on account apply.
  14. PayPal Credit – Requirement for a payment in installments via PayPal is a successful verification of the address and the creditworthiness of the customer by PayPal.  The Vendor assigns the payment to PayPal, a debt-discharging payment can only be made to PayPal in accordance with PayPal’s terms and conditions.
  15. Cash payment upon collection of the goods – Payment is made in cash upon collection of the goods.
  16. Giropay – The use of Giropay requires an online banking account activated by Giropay. The payment transaction is carried out on the basis of the conditions of Giropay, which are also communicated to the customer during the ordering process. Further information: https://www.giropay.de/en/.
  17. Google Pay – The use of Google Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Google Pay, which are also communicated to the Customer during the ordering process. Further information: https://pay.google.com.
  18. paydirekt – The use of paydirekt requires an online banking account activated by paydirekt. The payment transaction is carried out on the basis of the conditions of paydirekt, which are also communicated to the customer during the ordering process.
  19. Apple Pay – The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. Further information and conditions: https://www.apple.com/apple-pay/.

7. Delivery, Availability of Goods

  1. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed. 
  2. If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
  3. If pick-up of the goods by the Customer is agreed, the Vendor shall inform the Customer that the goods are ready for pick-up at the agreed pick-up location. In this case, the Customer shall not incur any shipping costs, subject to an express agreement to the contrary.
  4. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
  5. If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

8. Retention of title

1. The Vendor retains title to the delivered goods until the purchase price owed has been paid in full. Furthermore, the Vendor retains title to the delivered goods until all its claims arising from the business relationship with the Customer have been satisfied.

2. If, in the event that the Vendor’s goods are combined or mixed with an item belonging to the customer, the latter is to be regarded as the main item, co-ownership of the item shall pass to the Vendor in the ratio of the invoice value of the Vendor’s goods to the invoice value – or, in the absence of such, to the market value of the main item. In such cases, the Customer shall be deemed to be the custodian.

3. The Customer may neither pledge nor assign by way of security goods that are subject to retention of title or reservation of rights. The Customer is only permitted to resell the goods as a reseller in the ordinary course of business on condition that the Customer has effectively assigned its claims against its buyers in connection with the resale to the vendor and the Customer transfers ownership to its buyer subject to payment. By concluding the contract, the Customer assigns his claims against his customers in connection with such sales to the Vendor as security, who accepts this assignment at the same time.

4. The Customer shall immediately notify the Vendor of any information on goods owned or co-owned by the Vendor or on assigned claims. Amounts assigned to or collected by the Vendor shall be forwarded to the Vendor immediately insofar as the Vendor’s claim is due.

9. Voluntary right of return

  1. In addition to the statutory right of withdrawal and without restricting it, the Vendor grants a voluntary return guarantee subject to the following conditions.
  2. The period within which the ordered goods can be returned is 14 days from the receipt of the respective goods (the period begins on the day after receipt of the goods) or conclusion of the contract in the case of contracts for the purchase of digital content or for services. The return requires that the goods are dispatched on the last day of the period at the latest.
  3. The goods to be returned must be sent back to the following address: OOR Studio GmbH, Wilmersdorferstraße 151, 10585 Berlin, Germany.
  4. The statutory right of withdrawal of Customers who are consumers shall not be affected by compliance with the rules of the complementary return policy and shall remain in force irrespective thereof.This also applies to the warranty rights, which Consumers can claim free of charge, and other statutory rights as well as claims of the Customers with regard to the relevant products. If products are returned on the basis of the statutory right of withdrawal within the withdrawal period, then the regulations on the costs of sending and returning the products as well as reimbursement of the purchase price shall be determined in accordance with the right of withdrawal as well as the instructions on withdrawal provided to the Consumers.
  5. The goods can only be returned in complete, unused and undamaged condition.
  6. Goods may only be returned in their original packaging.
  7. The voluntary refund does not apply to newspapers, periodicals or magazines.
  8. If goods are returned in accordance with this voluntary return guarantee, the Vendor will refund to the Customer the purchase price already paid for the goods.
  9. The original shipping costs of the goods to the customer (outward shipping costs) will not be refunded on the basis of the voluntary return policy.
  10. The costs of returning the goods from the Customer to the Vendor will not be reimbursed on the basis of the voluntary return policy.
  11. The same means of payment used by the Customer in the initial transaction will be used for the repayment, unless expressly agreed otherwise with the Customer.

10. Warranty and Liability

Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.

Apart from liability for material defects and defects of title, the Vendor shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. The Vendor shall also be liable for the slightly negligent breach of material obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the user regularly relies), but only for foreseeable damage typical of the contract. The Vendor shall not be liable for the slightly negligent breach of obligations other than the aforementioned obligations.

The limitations of liability in the above paragraph shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee, in the event of fraudulently concealed defects, in the event of liability under the Product Liability Act or the General Data Protection Regulation (GDPR) or the German Federal Data Protection Act (Bundesdatenschutzgesetz).

If the liabilityof the Vendor is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11. Dispute Resolution 

  1. The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
  2. We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.

Terms & Conditions