Terms and Conditions of Oui Gruppe GmbH & Co. KG

(hereinafter referred to as: „Oui“)
for the online store (Version: October 2018)

§ 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

  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. 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.
  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 Cancellation Policy

    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
    80809 Munich
    Fax: + 49 (0) 89 – 351 60 59
    e-mail: service@shop.oui.com

    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.

    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

    1. (a) 14 days after the day we receive back from you any goods supplied, or
    2. (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
    3. (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

  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 and outside the Federal Republic of Germany. Deliveries will as a rule be carried out by the logistics provider DHL. As far as the ordered products are available, the Oui Group will ship these within five business days.
  2. As far as the ordered products are available, Oui will ship these within five business days.
    The delivery period begins - subject to the following rules -  with conclusion of contract, with agreed payment in advance of the purchase price and the shipping costs.
    If the products are not available, the customer will be notified immediately by e-mail.

§ 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 Oui’s request, the client will send the defective goods for examination at Oui’s costs and risk to the following address:

Retoure Oui
Lindberghstrasse 8
85399 Hallbergmoos

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), payment in advance, payment on account, financing, PayPal or PayPal Express.

    In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna:

    • Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Finland, Austria and the Netherlands.

    • Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany and Finland.

    • Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain and the Netherlands. Your account will be debited directly after placement of your order.

    • Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service ​or in case of a subscription in accordance with the timelines communicate​d. You will be notified about the date(s) by email.

    • Card Payments: Available in Sweden, Germany and Austria. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.

    The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

  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

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. The aforementioned limitations of liability all
  4. Liability in accordance with the Product Liability Act remains unaffected.

§ 13 Dispute settlement

The European Commission provides a platform for online dispute settlement, which you can find here: http://ec.europa.eu/consumers/odr/.
Consumers have the opportunity to use this platform to resolve their dispute.

§ 14 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.

§ 15 Website Provider

The website offered under the domain name www.oui.com is operated by:

Oui Gruppe GmbH & Co. KG
Moosacherstraße 26a
80809 Munich

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
E-Mail: info@oui.com

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