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. Insofar as no other agreement has been reached, the delivery will be made ex works to the delivery address specified by the buyer. A delivery may takes place within the Federal Republic of Germany, Austria, Belgium, France, the Netherlands, Spain and Ireland. Deliveries will as a rule be carried out by the logistics provider DHL.
2. As far as the ordered products are available, Oui will ship these within 3-5 business days. The delivery period begins - subject to the following rules - with conclusion of contract. If the products are not available, the customer will be notified immediately by e-mail.
§ 4 CANCELLATION POLICY
As far as you are a consumer, therefore a natural person who enters into this contract for a reason that can counted neither as a commercial activity nor a self-employment, please note the following right to cancel:
1. RIGHT TO CANCEL
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us
2. EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) immediately immediately and at the latest within 14 days of the day on which we receive the goods. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us to the following address:
BARTH+CO KONTRAKTLOGISTIK GmbH & Co. KG
The deadline is met if you send back the goods before the period of 14 days has expired (for this reason, please keep the deposit receipt). We will bear the cost of returning the goods. If the quality of the good prevents a shipment via mailing route we will pick it up at our own charge.
You only have to pay for a possible loss in value of the good if this loss in value can be traced back to the fact that the good was used more than the examination of its condition, qualities and functionalities.
To be able to use your feedback for improving our quality we kindly ask you to inform us about the reason for the return. You are not legally obliged to do so.
§ 5 PRICES AND DELIVERY COSTS
1. All the prices provided on the Internet site of the Oui online store are to be understood as including the VAT that is legally applicable at the time.
2. Oui informs the client of the respective delivery costs on the Internet site. The buyer must bear these costs.
§ 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, 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:
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.