Terms of service

Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Terms of Payment
  5. Delivery and Shipping Terms
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Redeeming Promotional Vouchers
  9. Redeeming Gift Vouchers
  10. Applicable Law
  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Jennifer Mustermann / OH OH OM ethical sportswear (hereinafter “the Seller”) apply to all contracts for the supply of goods and services which a consumer or business (hereinafter “the Customer”) concludes with the Seller in respect of the goods displayed by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These Terms and Conditions shall apply mutatis mutandis to contracts for the supply of vouchers, unless expressly provided otherwise.

1.3 A ‘consumer’ within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. An ‘entrepreneur’ within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.

2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract in respect of the goods contained in the shopping basket by clicking the button that finalises the ordering process. Furthermore, the customer may also submit the offer to the seller by email or via the online contact form.

2.3 The seller may accept the customer’s offer within seven days,

  • by sending the customer a written order confirmation or an order confirmation in text form (email), in which case the date on which the order confirmation is received by the customer is decisive, or
  • by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the seventh day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If the ‘PayPal Express’ payment method is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘PayPal’), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/ de/webapps/mpp/ua/privacywax-full. If the customer selects ‘PayPal Express’ as the payment method during the online ordering process, they simultaneously issue a payment instruction to PayPal by clicking the button that completes the ordering process. In this case, the seller hereby declares that they accept the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.5 When a quotation is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in writing (e.g. by email) once the Customer has submitted their order. The seller will not make the text of the contract available in any other way. If the customer has set up a user account in the seller’s online shop before submitting their order, the order details will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button to complete the order.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.9 For deliveries to Switzerland, the contract of sale is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). The latter also handles customs clearance, invoicing and delivery within Switzerland. This service is included in the purchase price and any delivery charges that may be charged. To ensure a smooth delivery to Switzerland, and for the sake of transparency, we would like to inform you that MeinEinkauf GmbH in Konstanz, Germany (DE285677365) is also part of the supply chain. This does not result in any additional costs for the buyer.


3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

3.3 Conditions for returns: Returned items must be in perfect, clean and undamaged condition. If items are returned soiled, damaged or in a condition unsuitable for resale, OH OH OM reserves the right to deduct a reasonable cleaning fee of up to €25 or to reduce the refund proportionately.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and postage costs, where applicable, will be shown separately before the end of the ordering process.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers via credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

Further information on this can also be found at:

https://ec.europa.eu/taxation_customs/business/calculation-customs-duties/customs-tariff_en

and on import VAT at:

http://auskunft.ezt-online.de/ezto/Welcome.do

and, specifically for Switzerland, at:

http://xtares.admin.ch/tares/login/loginFormFiller.do

4.3 The payment options are communicated to the customer in the seller’s online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 Where payment is made using a payment method offered by PayPal, the payment transaction is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/ de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and Shipping Terms

5.1 Goods shall be delivered by post to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified during the order process by the seller shall be deemed binding for the purposes of processing the transaction.

5.2 If the carrier returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful delivery. This shall not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the service offered, unless the seller had given them reasonable prior notice of the service. Furthermore, this does not apply to the costs of the initial delivery if the customer validly exercises their right of withdrawal. Where the customer validly exercises their right of withdrawal, the provisions set out in the seller’s cancellation policy shall apply to the costs of returning the goods.

5.3 Collection in person is not possible for logistical reasons.

5.4 Vouchers are provided to the customer as follows:

- by email

6) Retention of title

If the seller makes advance delivery, they reserve title to the goods delivered until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the goods are defective, the provisions of statutory liability for defects shall apply.

7.2 The customer is requested to report any goods delivered with obvious transport damage to the delivery driver and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Redeeming promotional vouchers

8.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific period of validity, and which cannot be purchased by the customer (hereinafter ‘promotional vouchers’), may only be redeemed in the seller’s online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion.

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher may be redeemed per order.

8.5 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

8.7 The value of a promotional voucher will not be paid out in cash nor will it accrue interest.

8.8 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part with the promotional voucher under their statutory right of withdrawal.

8.9 The promotional voucher is intended solely for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to verify the validity of the claim of the respective voucher holder.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) may only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers and any remaining balance on gift vouchers are valid until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiry date.

9.3 Gift vouchers can only be redeemed before the order process is completed. It is not possible to apply the voucher retrospectively.

9.4 Only one gift voucher may be redeemed per order.

9.5 Gift vouchers may only be used to purchase goods and not to purchase further gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

9.7 The balance of a gift voucher shall not be paid out in cash nor shall it accrue interest.

9.8 The gift voucher is transferable. The seller may fulfil their obligations with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This shall not apply if the seller is aware, or is grossly negligent in failing to be aware, of the holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.

10) Governing Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of goods and services. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11) Alternative dispute resolution

11.1 The European Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

11.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.