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Terms and Conditions

These General Terms and Conditions apply to all contracts between Olyva, olyvafashion@gmail.com, and consumers via the online shop


§ 1 Scope

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(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between Olyva Email: olyvafashion@gmail.com Website: https://olyva.online (hereinafter "Seller") and the customer (hereinafter "Customer") via the online shop https://olyva.online. (2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB). (3) Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing.
Legal basis: BGB § 305 para. 2

§ 2 Conclusion of contract

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(1) The presentation of products in the online shop does not constitute a legally binding offer, but an non-binding invitation to order. (2) By clicking the "Order with obligation to pay" button, the customer submits a binding purchase offer. Immediately before sending the order, the customer can review and correct the data. (3) The seller will immediately confirm receipt of the order by automated e-mail (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of the offer. (4) The contract is concluded when the seller accepts the offer by an express declaration of acceptance (order confirmation) or by dispatching the goods.
Legal basis: BGB §§ 312i, 312j para. 3

§ 3 Prices and shipping costs

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(1) All stated prices are final prices and include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description and clearly displayed again before the order is placed. (2) For deliveries to EU countries outside Germany, additional taxes (e.g. in the case of an intra-community acquisition) and/or duties (e.g. customs duties) may have to be paid by the customer in individual cases. (3) The shipping costs will be communicated to the customer during the ordering process and on a separate information page before he places the binding order.
Legal basis: PAngV §§ 1, 2, 3

§ 4 Terms of payment

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(1) The customer can choose between the following payment methods: – Credit card (Visa, Mastercard) – PayPal – Payment on account – Prepayment by bank transfer (2) For prepayment, the invoice amount must be transferred to the account specified in the order confirmation within 7 days of the conclusion of the contract. Delivery will take place after receipt of payment. (3) For payment on account, the purchase price must be paid within 14 days of receipt of the goods and the invoice, without deduction. (4) If the customer is in default of payment, the seller is entitled to demand default interest at a rate of 5 percentage points above the base rate. The right to claim higher damages for default remains reserved.
Legal basis: BGB §§ 286, 288

§ 5 Retention of title

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(1) The delivered goods remain the property of the seller until full payment of all claims arising from the purchase contract. (2) The customer is obliged to treat the goods with care for the duration of the retention of title. In particular, he is obliged to insure them at his own expense against theft, fire and water damage at their new value, provided the value of the goods exceeds EUR 500.
Legal basis: BGB § 449

§ 6 Delivery and delivery times

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(1) Delivery will be made within the European Union to the delivery address specified by the customer. (2) The estimated delivery time is stated in the respective product description. Unless otherwise stated, the delivery time within Germany is 5-10 working days, to other EU countries 5-10 working days after conclusion of the contract (for prepayment, after receipt of payment). (3) If not all ordered products are in stock at the time of the order, the seller is entitled to make partial deliveries at his own expense, provided this is reasonable for the customer. (4) If the seller cannot meet the delivery deadline for reasons beyond his control, he will inform the customer immediately and communicate the expected new delivery time. If the service is still not available within the new delivery time, the seller is entitled to withdraw from the contract; payments already made will be refunded immediately.
Legal basis: BGB §§ 269, 293 ff.

§ 7 Transfer of risk

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(1) For consumers, the risk of accidental loss and accidental deterioration of the goods passes to the customer only upon delivery of the goods. (2) If the seller dispatches the goods at the customer's request to a location other than the customer's residence, the risk passes to the customer as soon as the seller has delivered the item to the forwarder, carrier, or other person or institution designated to carry out the shipment.
Legal basis: BGB § 447, § 475 para. 2

§ 8 Liability for defects and warranty

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(1) The statutory liability for defects applies. For consumers, the limitation period for claims for defects is two years from the delivery of the goods. (2) If the purchased item is defective, the customer may choose between subsequent performance in the form of rectification of the defect or delivery of a defect-free item. The seller may refuse the chosen type of subsequent performance if it is only possible with disproportionate costs. (3) If subsequent performance fails, the customer may, at his discretion, demand a reduction of the purchase price or withdraw from the contract. (4) Any guarantees granted by the manufacturer remain unaffected and exist in addition to the statutory claims for defects.
Legal basis: BGB §§ 434 ff., 437, 438

§ 9 Limitation of liability

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(1) The seller is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health. (2) In the event of slight negligence in the breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract. (3) Otherwise, liability for slight negligence is excluded. (4) The above limitations of liability do not apply to claims under the Product Liability Act or in the event of fraudulent concealment of a defect or the assumption of a guarantee.
Legal basis: BGB § 309 No. 7
Note: The limitation of liability corresponds to current Federal Court of Justice case law; in the event of changes in case law regarding cardinal obligations, an adjustment should be reviewed.

§ 10 Dispute resolution

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(1) The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr/. (2) The seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Legal basis: VSBG § 36, ODR-VO Art. 14

§ 11 Applicable law and place of jurisdiction

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(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). (2) For consumers habitually resident in another EU Member State, mandatory provisions of the law of that state remain unaffected. (3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
Legal basis: EGBGB Art. 6, Rom I-VO Art. 6

§ 12 Final provisions

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(1) Should individual provisions of these GTC be or become ineffective, the validity of the remaining provisions remains unaffected. (2) The contract language is German. (3) The contract text is not stored by the seller and can no longer be retrieved after the order process has been completed. The customer can print or save the contract text before submitting the order.
Legal basis: BGB § 306

 

§ 13 Right of withdrawal

(1) Consumers generally have a right of withdrawal.

(2) Further information on the right of withdrawal can be found in the seller's cancellation policy.