TERMS AND CONDITIONS OF OUI GRUPPE GMBH & CO. KG
(hereinafter referred to as: „Oui“)
for the online store (Version: December 2019)
§ 1 APPLICABILITY
The business relationship between Oui and the client of the online store is exclusively governed by the following General Terms and Conditions. The contract language is German or English.
§ 2 CONCLUSION OF THE CONTRACT
1. Oui’s internet pages only represent a sales brochure. By presenting products on the internet pages, Oui is only inviting the client to issue offers of purchase (orders). Any order acceptance communicated by Oui via e-mail thereafter does not yet lead to a contract of sale.
2. Sales contract only comes into existence with the sending of our confirmation of order, usually within three working days following receipt of the order or at the latest with the delivery of the goods, which then constitutes an acceptance on the part of Oui of the offer to buy. Working days are all weekdays (with the exception of Saturdays, Sundays and public holidays at our seat in Munich).
3. When ordering from our online shop, the ordering process involves several steps. In the first step, the client chooses the desired goods. In the second step, he/she provides his/her client details, including an invoicing address and, as the case may be, a different delivery address. A different delivery address is not allowed when buying on account. In the third step, he/she chooses how to pay. In the last step, all entries (e.g. name, address, payment method, article ordered) can be checked and corrected if necessary, before the order is sent to us by clicking on the order button.
4. The delivery of goods will only take place in small lots. Oui will not accept any orders from clients who have not yet reached the age of 18.
5. In any case, Oui retains the right to refuse to conclude the contract without providing any grounds. Oui will inform the client immediately in such a case.
§ 3 DELIVERY
1. unless otherwise agreed, delivery shall be ex works to the delivery address specified by the purchaser. Delivery is made within the shipping countries Germany, Austria, Belgium, France, Luxembourg, Netherlands, Italy, Spain, Ireland and Finland. The delivery is usually made by the logistics service provider.
2. as far as the ordered products are available, Oui Group will ship them within 3-5 working days. The delivery period begins - subject to the following provision - with the conclusion of the contract, in the case of agreed payment in advance with payment of the purchase price and shipping costs. If the goods are not available, the customer will be informed separately by e-mail immediately.
3 The costs for shipping and handling will be displayed separately in the shopping cart before you submit your order. The shipping costs vary from country to country and depend on where we deliver the goods to you.
If you effectively revoke your contractual declaration in accordance with section 4, you will be reimbursed for all payments, including the costs already paid for shipping to you (delivery costs), with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us (§ 357 para 2 sentence 2 BGB).
4 Return costs incurred for the return of the goods from you as a customer to us as a merchant under the right of withdrawal, are after the implementation of the Consumer Rights Directive to be borne by you.
5 Cash on delivery is to be regarded as a special type of delivery, so that in the case of your revocation you cannot demand reimbursement of the costs incurred for this in accordance with § 357 para. 2 p. 2 BGB.
6 Our shipping costs (Hinsendekosten) to you are lump sums that are not dependent on quantity and or weight. Therefore, these will only be refunded in the event of a full revocation.
§ 4 CANCELLATION POLICY
If you are a consumer, i.e. a natural person who concludes the contract for a purpose that can be attributed neither to your commercial nor your independent professional activity, please note the following cancellation policy:
1. RIGHT OF REVOCATION
You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods - in the case of partial shipments the last goods.
In order to exercise your right of withdrawal, you must send us
Oui Group GmbH & Co. KG
Moosacher Street 26 a
Phone: +49 (0) 89 35 481-0
Fax: + 49 (0) 89 - 35 160 59
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website www.oui.com. If you make use of this option, we will send you a confirmation of receipt. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the revocation before the expiry of the revocation period.
2. CONSEQUENCES OF CANCELLATION
If you revoke this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the goods. 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 for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract to the following address:
BARTH+CO KONTRAKTLOGISTIK GmbH & Co. KG
to send back or to hand over. The deadline is met if you send the goods before the deadline of 14 days (please keep the delivery receipt for this reason). If the goods cannot be returned normally by mail due to their condition, we will pick them up at our expense.
You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
In order to be able to use your criticism in our efforts to improve quality, we ask you to state the reason for your return - legally you are not obliged to do so.
§ 5 PRICES AND DELIVERY COSTS
1. All prices stated on the internet pages of the Oui Online Store are inclusive of the applicable statutory value added tax.
2. Oui will inform the customer of the respective shipping costs prior to the completion of the shopping cart.
§ 6 WARRANTY
The warranty for defects of the goods purchased is governed by legal regulations. In particular, the client can request supplementary performance (new delivery or repair of defects). Oui is, however, entitled to point the client towards new delivery if the repair of defects would incur unreasonable costs. Warranty claims expire two years following delivery of the goods. When making his/her warranty claim, the buyer must provide the order number, his/her name and address as well as brief information explaining the reasons for the claim. At the Oui’s request, the client will send the defective goods for examination at Oui’s costs and risk to the following address:
BARTH+CO KONTRAKTLOGISTIK GmbH & Co. KG
The client is obliged as far as is possible to use Oui’s original packaging for any sending back of goods. Please use a protective packaging. If you do not own Oui’s original packaging anymore, please choose another suitable packaging to prevent transport damage. Please note that this is no requirement for an efficient execution of the cancellation right. However, damaged goods can result in claims for compensation.
Should the customer exercise her or his cancellation right and should she or he bear the costs of the return, Oui reserves the right to refuse a return which has not been sent with the proper postage paid.
§ 7 PAYMENT METHODS
1. For orders, Oui accepts the methods of payment shown, such as payment by credit card (Visa, MasterCard), payment on account via Klarna and Zinia, financing, PayPal, PayPal Express or Amazon Pay.
2. Should the client own any gift vouchers of the website, then only one gift voucher will be accepted per order. Gift vouchers cannot be redeemed in cash.
§ 8 DEFAULT
Should the client not accept the goods at the agreed place of delivery or not collect them within 8 days from the transport company’s collection point, then Oui will grant the client a 14 day period of grace. Should the period expire without result, Oui can withdraw from the contract and make a claim for damages.
§ 9 RESERVATION OF TITLE
The goods delivered remain the property of Oui until they have been paid in full.
§ 10 DISPUTE SETTLEMENT
The European Commission provides a platform for online dispute settlement, which can be found here: http://ec.europa.eu/consumers/odr/.
Oui is not obligated to participate in a conciliation board’s dispute settlement procedure.
§ 11 FINAL PROVISIONS
All contracts between Oui and the client are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
§ 12 WEBSITE PROVIDER
The website offered under the domain name www.oui.com is operated by:
Oui Gruppe GmbH & Co. KG
Registration Court Munich HR-A 45999
Personally Liable Shareholder:
NYG Verwaltungs- u. Beteiligungs GmbH,
Registration Court Munich HR-B 98149
Represented by the CEO:
Daniel Gottesdiener, Alexander Jung
Telefon +49 (0) 89 35 481-0
§ 13 IMAGE AND VIDEO RIGHTS
The Oui Group GmbH & Co. KG has secured the rights to any publication with the hashtag #ouifashion or @ouifashionofficial by obtaining consent from the copyright holder.
Oui Gruppe GmbH & Co. KG has thus obtained all publication rights to the photo/video. All the created photos/videos may be used and distributed without any restrictions in terms of time, space, subject matter or content. The photos/videos may be published both in unaltered and edited form.
The author has been informed about the right to his/her own image in accordance with §22 of the German Art Copyright Act (KunstUrhG) and agrees to his/her name being mentioned in connection with the photo/video.
The author assures that he/she is the sole owner of all unrestricted rights to the photographs to be transferred and is thus entitled to grant the licensee the contractual rights of use to the works listed.
The licensee shall be granted by the author unlimited rights of use in terms of time and territory.
The use is permitted for all media and acquires the exclusive rights of use for all communication channels listed here:
• Instagram Feed & Stories @ouifashionofficial
• Facebook ouifashionofficial & Oui Stores partner pages
• Pinterest ouiofficial
• Website www.oui.com
• Oui.com Newsletter
• LinkedIn / Xing
The photo and video recordings may be modified by the licensee for his intended use. In particular, alterations that distort the original image in such a way that the author suffers personal disadvantages, such as damage to his or her reputation, as well as alterations that are restricted and prohibited by other rights (e.g. personal rights, trademark rights) are not permitted. In such cases, express written permission must be obtained from the copyright holder.
Security and data protection
The author shall make all customary and reasonable efforts with regard to security, in particular with regard to the confidentiality of licensee and payment data.
Should individual provisions of this contract be or become invalid or should loopholes become apparent, this shall not affect the validity of the unaffected parts of the contract. The invalid or incomplete provisions shall be replaced by the respective statutory provisions.
The author is aware that he will not receive any remuneration for the publication and that he assigns the image and video rights to Oui Gruppe GmbH & Co. KG.
The author is aware that Oui Gruppe GmbH & Co. KG stores the images and videos on the company's local server for the purpose of using them.
The author may withdraw or limit his consent to the publication and use of photos with Oui Gruppe GmbH & Co. KG at any time. Otherwise, the consent is valid indefinitely.