General terms and conditions – OXYSMART – latest version 

  1. Areas of application 

 

1.1. For the use of the online shop at “www.oxysmart.org” (hereinafter: “Online Shop”), as well as for the purchase contracts that are concluded in this online shop and for the related services of VGA Network Digital Platforms GmbH , Großer Burstah 34, 20457 Hamburg, phone: +49 (0) 040 84 302709, email: service@oxysmart.org, managing director authorized to represent: Marlon Victor Gebert, commercial register: HRB 122497, Hamburg district court, Ust-IdNo .: DE283262582, seat of Company: Hamburg (hereinafter: “Oxysmart”) the following general terms and conditions apply (hereinafter: “GTC”)

 

1.2 Our sale, delivery and payment terms and conditions apply for all purchasing agreements and offers. These conditions are acknowledged by our customers when they place an order, conclude a contract or accept our delivery. Aberrant terms and conditions set by our customers or delivery service providers, which we do not explicitly accept, are for us without obligation, even if this is not explicitly stated in these terms and conditions.

 

1.3 Our terms and conditions also apply for follow-up transactions, without the need for an explicit acknowledgement.

 

  1. Quote/formation of a contract

 

2.1 The offer on this online shop is aimed in particular at institutions, public authorities and companies who require these products for their occupational or professional work.

 

2.2 Our offers are subject to change without notice, unless agreed otherwise. 

 

2.3 Our online shop is not an offer in legal sense. Contracts come first through customers’ orders and are validated with our written confirmation of order. 

 

2.4 The copyright over our offers, quotations, pictures, etc is held exclusively by Praxisdienst and therefore they must not be accessible to unauthorized third parties or customers. By violation of this condition, we reserve ourselves the right to enforce a claim of compensation and injunctive relief.

 

2.5 We keep record of the wording of the contract and send you the order information and our terms and conditions by email. Our general terms and conditions are always available on our website. You can review your previous orders in our customer log-in area.

 

2.6 You have the ability to complete your purchasing contract in German or English. 

 

2.7 Oxysmart  is permitted to engage in the performance of contractual obligations as a vicarious agent.

 

  1. Prices

 

3.1 All prices are understood to be net, plus the statutory value added tax applicable on the day of delivery in the purchaser’s country. The VAT is displayed in a separate section on our bills. 

In countries outside the EU, additional custom duty charges may apply, the customer has to pay for them.

 

3.2 Our prices are updated daily and displayed in the system; the price shown in the order confirmation is binding.

 

  1. Delivery and shipping costs

 

4.1 Our prices in the internet shop already include the delivery and shipping costs that have been agreed for the respective customer.

 

4.2  If an order is delivered to different addresses, the above rules apply for each address and a separate delivery charge will be applied for each address.  

 

4.3 If not agreed otherwise or explicitly stated in the online shop, we deliver free charge to basement.

 

4.4 We provide part-delivery service, without increasing the delivery costs for our customers.

 

  1. Terms and conditions of payment

 

5.1 Our invoices are payable immediately after receipt of the invoice and in accordance with the applicable payment agreement without deduction.

The order processing process only begins with us when the account is credited.

 

5.2 In case of payment by direct debit the customer’s account is debited at the earliest with the dispatch of the goods.

 

5.3 Payment deadline is determined by the time of receipt of money/our account is credited with your payment.

 

5.4 According to section 286 (3) of the BGB (German Civil Code) the customer is in arrears with payments within at the latest 30 days after receipt of invoice, without the necessity of any reminder. From the beginning of the delay in payment, the customer is obliged to bear all the costs incurred as a result of this delay (e.g. the costs arising from sending reminders) as well as default interest.

 

5.5 If a payment is delayed beyond the 10-day deadline, we charge an interest of 3% of the respective basic rate. Interests for delay are payable immediately. We can provide evidence, that we ourselves pay a higher standard interest rate for debit balance. We reserve ourselves the right to enforce a claim for damage caused by continuing delay of payment.

 

  1. Reservation of proprietary rights

 

6.1 The delivered goods remain our possession until full payment is received.

 

6.2 By distraints caused by third parties- even after amalgamation or processing- as well as any other damage to our rights with respect to goods subject to retention of title, the customer must inform us immediately in written form and also immediately advice the third party about our reservation of proprietary rights.

 

6.3 The customer is authorized to resale the goods that are subject to retention of title under normal business conditions. Any other act of disposal, especially a pledge, assignment by way of security or abandonment in exchange, is not permitted. The authorization for transfer expires, despite lack of explicit notice, once the customer’s payment is delayed or completely cesses, or by violation of adverse existing commitments, especially regarding the reservation of proprietary rights.

 

6.4 The customer conveys hereby (in advance) to the requirements regarding the resale of goods subject to retention of title, including all ancillary rights, which accompany these requirements and ensure our security. We accept this assignation hereby. The customer is committed to disclose us the name of the garnishee, if asked to do so.  

 

6.5 The purchaser is revocable authorized to collect receivables of the resale of delivered goods. This authorization expires, even without explicit notice, once the purchaser cesses their payments, or as soon as the payment is delayed. Upon our request, the purchaser is immediately required to inform the garnishee about the assigned receivables and show them the assignation.

 

6.6 The securities, which are, according to the above terms and conditions, legally entitled to us, are to be, upon request, immediately disclosed to the purchaser, once their realisable value exceeds a total claim of 10%.

 

  1. Returns and returned goods

 

7.1 Purchased goods which have not been used and are still in their original package can be returned within 14 days of delivery, without having to give a reason for the return. After we have registered the return in writing, we will give up one of our logistics centers.

The customer pays all return shipping costs, unless the goods are incorrect or damaged.

 

We do not accept shipments sent to us freight collect.

In the event of a justified and proper return of the goods, we will reimburse the invoice amount minus shipping costs, costs for packaging and insurance and other expenses incurred by us.

We expressly reserve the right to offset the reimbursement amount against outstanding claims on our part against the customer or with claims from future orders.

 

7.2 Sterile articles, underwear,  designed products according to customer’s requests or other special orders and products manufactured according to customer’s preferences, as well as goods, which are not part of our catalogue, cannot be returned.

 

  1. Notice of defects

 

8.1 f the purchaser or seller detect any defect on the contract, with respect to the section § 377 of the German commercial code, these have to be immediately reported and corrected, at the latest within 5 working days after receiving the goods. Packages have to be checked for regularity immediately after delivery and any defects detected have to be reported to us within 5 working days. The detected damages on the package must be reported by the customer in written form through the conveyor.

 

8.2 The defective goods shall be put to our disposition for inspection by us and must be carefully and appropriately handled and stored, in accordance to the product. 

 

8.3 Claims of defects which are presented in due time and approved by Praxisdienst, will be resolved in the way of supplementary performance. The purchaser is only eligible for resignation from the contract, as long as resignation is not legally excluded, or for declining the purchase price, after an unsuccessful procedure of supplementary performance, within their deadline, set in accordance to legal regulations.

 

8.4 Specimens and samples, as well as the data in our online shop, express only the average situation and performance of the goods. Customary deductable or reasonable variances of the delivered goods are thereof not regarded as a defect and cannot be subject of complaints. Something different applies only for explicit agreements.

 

8.5 Sterile products, underwear, personalized prodcts or other special orders and products which are individually tailored to customers’ specifications as well as products that are not part of our range are excluded from the right of return.

 

  1. Exceptional circumstances, strikes, customs, etc.

 

9.1 In cases of higher force or other unforeseeable, extraordinary losses and delayed allowances – such as system malfunctioning, strikes, lock-outs, official sanctions, custom delay, theft and embezzlement, delivery complications, delays in the delivery/supply of essential parts, etc. – even when delays arise among our suppliers – the delivery time is extended and a new delivery date is agreed with the customer.

 

9.2 Should our delivery be impossible, due to the above mentioned exceptional circumstances, we are exempt from the delivery commitment. The same applies by unreasonableness. Upon this, we appoint ourselves to immediately notify the customer or the accepting representative about the above mentioned circumstances. Should the above mentioned occurrences last over 3 months, both we and the purchaser are justified to regress from the contract. An already performed partial-delivery will then count as an independent deal.

 

9.3 In the case of the previously mentioned circumstances, our customers have no other rights against us, such as the right to claim for damage/inconvenience. This limitation of liability does not apply any more, once a deliberate act of rough negligence or slight negligence about a fundamental contractual commitment is performed by somebody. This limitation of liability does not apply either if damage of the body or health is involved.

 

  1. Place of execution and competent court (of jurisdiction)

10.1 The place where all obligations of the contract agreement from the contractual relationship are fulfilled is Hamburg, Germany.

 

10.2 Provided that our customer is a businessman, or that any of the other prerequisites of the section § 38 of the code of civil procedure apply, the jurisdiction appointed for all legal disputes, including change- and documentation lawsuits is Hamburg, Germany. The same applies for disputes, which affect the accomplishment and validity of the contract.

 

  1. Applicable legislation

 

11.1 For order, delivery and any other disputes about the contractual relationship, the law applied is exclusively the law of the Federal republic of Germany (in the same way as for commercial operations within the nation).

 

  1. Copyright 

 

12.1 The texts, design and image arrangements of the internet shop are our intellectual property. Imitation and distribution require the express approval of our company.

 

  1. Void in part

13.1 Should one or more of the above mentioned regulations be fully or partially invalid, this will not affect the validity of the remaining policies. The invalid regulation will be replaced by a valid one and the economic purposes will come next. 

 

  1. Consumer Settlement / EU Ordinance 524/2013

14.1 As per the EU ordinance No. 524/2013 regarding online dispute resolution in consumer affairs as of January 9th, 2016, the consumer has the ability to settle disputes regarding online sales or service contracts with contractors over an online platform (OS platform). This platform is managed by the EU commission and made accessible through the “Your Europe” portal (https://europa.eu/youreurope/citizens/index_en.htm). You can reach the platform directly at: https://ec.europa.eu/consumers/odr/

Please note: According to information provided by the EU commission, the OS platform is accessible by consumers as of February 15th, 2016.

Our email address: service@oxysmart.org

 

  1. Liability

15.1 We are liable in accordance with the respectively applicable German jurisprudence for intent and gross negligence.

 

15.2 We shall only be liable for simple negligence – except in the case of injury to life, body or health – if an obligation is violated, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the customer regularly relies and may rely (cardinal obligation). Liability is limited to contract-typical and foreseeable damage. In the event of breach of a cardinal obligation with regard to the delivery of software, liability is limited to five times the transfer fee and to such damages, the occurrence of which must typically be expected within the framework of a software transfer. The liability for data loss is limited to the typical restoration effort that would have occurred if backup copies had been made regularly and in accordance with the risk.

 

15.3 Liability for indirect and unforeseeable damage, loss of production and use, loss of profit, loss of savings and pecuniary loss due to third-party claims is excluded in the case of simple negligence – except in the case of injury to life, body or health.

 

15.4 A further liability than in this contract is excluded–irrespective of the legal nature of the asserted claim. However, the above limitations or exclusions of liability do not apply to a legally mandatory, no-fault liability (e.g. in accordance with the Product Liability Act) or the liability arising from a no-fault guarantee.

 

15.5 Insofar as liability pursuant to clauses 15.2 and 15.3 is excluded or limited, this shall also apply to the personal liability of our employees, workers, representatives, bodies and vicarious agents.