1 Scope
These General Terms and Conditions (§§ 305 ff. BGB) are the initiation of, the conclusion of and all contracts that are (should) be concluded with OXYSPIN GmbH, in particular distance contracts according to § 312c BGB and contracts that are made via the online shop at the address :
Münchner Strasse 34, 83707 Bad Wiessee, are (to be) closed.
2. Definitions
2.1 "Customer" means any natural or legal person who communicates with OXYSPIN GmbH via the online shop at the address:
Münchner Strasse 34, 83707 Bad Wiessee intends or concludes a contract.
2.2 According to Section 13 of the German Civil Code, “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2.3 According to § 14 BGB, “entrepreneur” means a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.
2.4 "Online shop" means the virtual online shop of OXYSPIN GmbH at the address: Münchner Strasse 34, 83707 Bad Wiessee.
2.5 "Products" means those goods that are advertised by OXYSPIN GmbH in the online shop and offered for sale by OXYSPIN GmbH.
2.6 "Order confirmation" is understood to mean the confirmation from OXYSPIN GmbH via e-mail to the customer that he has submitted a more specifically specified binding purchase offer for products and that this has been received by OXYSPIN GmbH.
2.7 "Declaration of acceptance" means the declaration of OXYSPIN GmbH in which the customer's binding offer for the product(s) is accepted in a legally binding manner and a contract for the product(s) is thus concluded.
2.8 The term "binding period" means a period of one week, calculated from the period in which the customer's binding purchase offer for the product(s) has been received by OXYSPIN GmbH and within which OXYSPIN GmbH accepts the binding offer can.
3. Conclusion of contract via the online shop
3.1 The products offered via the online shop do not constitute a binding offer to the customer.
Rather, the products offered via the online shop are exclusively an invitatio ad offerendum, i.e. a non-binding invitation to order and purchase the products advertised by the OXYSPIN GmbH via a regulated online procedure.
3.2 The customer has the option of placing products offered by OXYSPIN GmbH in the online shop in a virtual shopping cart and going through an ordering process.
By clicking on the order button that concludes the order on the final order page, the customer submits a binding contract offer to OXYSPIN GmbH for the products.
The customer is bound to the offer for a period of one week.
3.3 Since the conclusion of the contract (order confirmation and declaration of acceptance) as well as further order processing with the customer takes place exclusively by e-mail, the customer is obliged to ensure that the e-mail address provided by him during the online purchase process is activated that he also receives e-mails sent by OXYSPIN GmbH.
In particular when using spam filters, the customer must ensure that the order confirmation, the declaration of acceptance and all other e-mails sent to him with the order processing can be sent to him.
In the course of order processing, the customer's e-mail address may be forwarded to the shipping company for the purpose of delivery notification and/or order processing. In this respect, the customer expressly declares his consent to the transfer of his data.
3.4 By clicking on the order button that completes the order on the final order page, the customer declares that they are of legal age and also have the necessary financial resources to pay the respective purchase price for the products.
By clicking on the order button that completes the order on the final order page, the customer also declares that the e-mail address used by him and all other information, in particular the delivery address etc., are correct and that he can be reached at these accordingly.
Any changes must be reported to OXYSPIN GmbH immediately via e-mail, stating the customer number etc.
If delivery to the address given by the customer is not possible, for example because the address given was incorrect, the customer has to bear the costs for the unsuccessful delivery. This does not apply in cases in which he is not responsible for the impossibility of delivery.
3.5 Any general terms and conditions/purchasing conditions of the customer expressly do not apply. Their validity is already contradicted.
3.6 After receipt of the binding offer from the customer, the customer immediately receives an order confirmation via e-mail from OXYSPIN GmbH, in which the offer is again listed in detail.
The order confirmation does not represent acceptance of the customer's binding offer.
The customer has no right to the conclusion of a contract.
OXYSPIN GmbH is entitled, at its own discretion, to enter into a contract with the customer or to refuse to conclude one without giving reasons.
3.7 The order confirmation is followed by the declaration of acceptance by OXYSPIN GmbH.
The declaration of acceptance is sent via e-mail to the customer within the binding period.
When the customer receives the declaration of acceptance, the purchase contract for the product(s) between OXYSPIN GmbH and the customer is legally binding.
3.8 If we offer "PayPal Express" as a payment method as part of the ordering process and if you select this, by clicking on the order button you also issue a payment order to the payment service provider PayPal (Europe) S.à.rl & Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. In this case, in deviation from Section 3.2, we already declare acceptance of your offer when you click the order button. To use PayPal Express you need a PayPal account for which PayPal's terms and conditions apply. You can view the latter under the following link: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.
3.9 The customer does not receive any further separate contract text beyond the order confirmation and declaration of acceptance.
4. Right of Withdrawal
Consumers generally have a right of withdrawal.
The revocation of the contract is excluded in those cases in which, at the request of the customer, an individualization (e.g. in the form of an engraving, laser work, etc.) and thus the purchase of a product specially made for him has taken place.
Our instructions on the right of cancellation for consumers can be found on the extra page Instructions on cancellation/cancellation form.
5. Prices, shipping costs, default of acceptance
5.1 The purchase prices for the product(s) from OXYSPIN GmbH are gross total prices in euros (EUR).
They therefore contain the net product price in EUR and the applicable statutory value-added tax.
Discount is not granted. Deductions from the stated purchase price are therefore not permitted.
The amount of the costs for packaging and shipping can be found on the "Delivery, Shipping, Payment" button in the online shop. General payment instructions can also be found on this button.
5.2 If you choose the "PayPal" payment method, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the applicable PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5.3 In the case of cross-border deliveries outside the European Union (e.g. to Switzerland), additional costs may be incurred according to the statutory provisions applicable there, such as additional taxes and/or duties, for example in the form of customs duties.
These costs are not shipping costs, so they are to be borne by the customer. In this respect, the customer must obtain information from the responsible customs authorities in his country before placing an order abroad.
6. Means of payment, payment due in advance
The means of payment and terms of payment accepted by OXYSPIN GmbH can be found under the "Delivery, Dispatch, Payment" button in the online shop.
7. Delivery, Delivery Restrictions, Delivery Times, Passing of Risk
7.1 The product(s) will be sent to the delivery countries specified by OXYSPIN GmbH using a transport company of OXYSPIN GmbH’s choice.
7.2 The product(s) will only be shipped to the delivery address specified by the customer when ordering.
7.3 Terms of delivery, delivery times and delivery restrictions can be found on the respective product page in the online shop.
8. Inspection of the delivery, complaints, defects
8.1 If packaging and/or transport damage is found during delivery, the customer is obliged to have this confirmed in text form by the transport company upon delivery and to inform OXYSPIN GmbH immediately.
The damaged packaging must be kept by the customer as evidence and documented with pictures.
8.2 If there is a commercial transaction within the meaning of the Commercial Code (HGB) for the contracting parties in entrepreneurial business transactions, the commercial obligation to give notice of defects applies in accordance with § 377 HGB.
9. Retention of Title
The goods remain the property of OXYSPIN GmbH until the goods have been paid for in full.
10. Liability for defects, liability for other damages
The statutory right to liability for defects applies to items with the following stipulations:
10.1 The warranty period for new items is 24 months for consumers, the warranty period for entrepreneurs is limited to 12 months.
10.2 In the case of used items, the warranty period for consumers is 12 months; the warranty for defects is excluded for companies.
10.3 Claims for damages, claims for defects that were fraudulently concealed by OXYSPIN GmbH, and claims from a guarantee that OXYSPIN GmbH has assumed that the item will retain a certain quality for a certain period of time (guarantee of durability), are excluded from this regulation. For these excluded claims, the statutory limitation periods apply.
11. Severability Clause, Choice of Law, Jurisdiction Agreement
11.1 If the aforementioned provisions have not become part of the contract in whole or in part or are ineffective, the rest of the contract remains effective.
11.2 The law of the Federal Republic of Germany applies to the contractual relationship and the respective terms and conditions.
The UN sales law is excluded.
If the customer is a consumer, the statutory regulations of the state of his habitual residence under mandatory law remain unaffected by this clause on the choice of law.
11.3. If the customer is a merchant within the meaning of the German Commercial Code, a corporation under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract and these General Terms and Conditions is the registered office of OXYSPIN GmbH.
The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if OXYSPIN GmbH does not know his domicile or habitual residence at the time the action is filed. The authority to sue the customer at another legal place of jurisdiction remains unaffected.
12. Alternative Dispute Resolution
We are not obliged and fundamentally unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
