Terms and Conditions of Oui Gruppe GmbH & Co. KG
(hereinafter referred to as: „Oui“)
for the online store (Version: October 2014)
§ 1 Applicability
The business relationship between Oui and the client of the online store is exclusively governed by the following General Terms and Conditions.
§ 2 Conclusion of the Contract
- 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 email thereafter does not yet lead to a contract of sale.
- A 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.
- 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. 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.
- 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.
- 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 Cancellation Policy
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
Oui Gruppe GmbH & Co. KG
Moosacher Strasse 26a
Fax: + 49 (0) 89 – 351 60 59
of your decision to cancel this contract by a clear statement (e.g. a Ietter sent by post, fax or e-mail). You can also electronically fill in and submit the model cancellation form or any other clear Statement on our website www.oui.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
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).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than
- (a) 14 days after the day we receive back from you any goods supplied, or
- (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- (c) if there were no goods supplied, l4 days after the day on which we are informed about your decision to cancel this contract.
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. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods.
§ 4 Delivery
- 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 take place within and outside the Federal Republic of Germany. Deliveries will as a rule be carried out by the logistics provider DHL inside of Germany and by UPS outside of Germany.
- All data regarding the availability, sending, delivery of goods are solely prospective data and rough guides. They do not constitute any legally binding or guaranteed deadlines for sending or delivery, except when this is expressly specified as a binding deadline in the delivery options of the goods in question. Should Oui determine during the processing of the order that the goods ordered are not available, the client will be specifically informed of such a case via email. A contract is not concluded in relation to unavailable goods.
§ 5 Prices and Delivery Costs
- 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.
- Oui informs the client of the respective delivery costs on the Internet site. The buyer must bear these costs.
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 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.
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, Amex), purchase on account, instant transfer, payment in advance or PayPal. When paying on account, the amount must be settled in full within 10 days of receiving the invoice.
Oui reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of the checks.
2.) Should the client own any Oui gift vouchers, 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.
- Should the client be in default of payment, Oui can request late payment interest of an amount of 5% above the base rate. Oui reserves the right to claim a higher level of damages.
§ 9 Reservation of Title
The goods delivered remain the property of Oui until they have been paid in full.
§ 10 Compensation, Withholding
The client is only entitled to compensation if his/her counterclaim is confirmed as legally valid or is unchallenged by Oui. The client is only entitled to exercise a right to withholding insofar as his/her counterclaim concerns the same contractual relationship.
§ 11 Data Protection
Any of the client’s personal data which come to Oui’s knowledge within the framework of a commercial relationship will be saved and, if necessary, transferred to affiliated companies and/or service providers for the purposes of processing the order. All data will of course be handled confidentially. The data is collected, saved and used by us in accordance with Oui’s relevant applicable data protection regulations. These data regulations can be called up here in printable form.
§ 12 Liability
- There is no limit to Oui’s liability for wilful intent. Oui is only liable for gross or basic negligence in the case of damage to life, limb, health or of a fundamental contractual obligation. Fundamental contractual obligations are such obligations which must be fulfilled in order for the aim of the contract to be reached and which the client trusts will be fulfilled and is entitled to trust will be fulfilled.
- In the case of the slightly negligent breach of fundamental contractual obligations, Oui’s liability is limited to the amount of predictable, typically arising damages.
- The aforementioned limitations of liability all
- Liability in accordance with the Product Liability Act remains unaffected.
§ 13 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. The court of jurisdiction is Munich.
§ 14 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-und Beteiligungs GmbH,
Registration Court Munich HR-B 98149
Represented by the CEOs:
Daniel Gottesdiener, Maya Junger, Alon Junger
Telefon +49 (0) 89 35 481-0