Terms of service
OXYSMART - last version
- Areas of application
1.1To use the online shop at"www.oxysmart.org"(hereinafter:"Online Shop"), as well as for the sales contracts concluded in this online shop and for the associated services of VGA Network Digital Platforms GmbH, Großer Burstah 34, 20457 Hamburg, Telephone:Tel .:+49 (0) 040 84 302709, email:email@example.com, managing director authorized to represent:Marlon Victor Gebert, commercial register:HRB 122497, Hamburg district court, Ust-IdNr..:DE283262582, seat of the company:Hamburg (hereinafter:"Oxysmart") the following general terms and conditions apply (hereinafter:"GTC")
1.2 Our terms of sale, delivery and payment apply to all sales contracts and offersThese conditions are recognized by our customers when they place an order, conclude a contract or accept our deliveryDeviating conditions of our customers or delivery service providers, which we do not expressly recognize, are not binding for us, even if this is not expressly mentioned in these conditions.
1.3 Our conditions also apply to follow-up business without express recognition being required.
- Cost estimate/conclusion of contract
2.1 The offer in this online shop is aimed in particular at institutions, authorities and companies that need these products for their professional or commercial activities.
2.2 Our offers and prices are subject to change unless otherwise agreed.
2.3 Our online shop is not an offer in the legal senseContracts are only concluded when the customer places an order and become effective with our written order confirmation.
2.4 The copyright to our offers, quotes, images, etc.lies exclusively with the VGA and must therefore not be made accessible to unauthorized third parties or customersIf this condition is violated, we reserve the right to assert claims for damages and injunctive relief.
2.5 We record the text of the contract and send you the order information and our general terms and conditions by emailOur general terms and conditions can be called up and viewed on our website at any timeYou can view your previous orders in our customer login area at any time.
2.6 You have the option of concluding your purchase contract in German or English.
2.7 Oxysmart is permitted to involve vicarious agents in the fulfillment of contractual obligations.
3.1 All prices are net, ieplusthe statutory value added tax within the EU applicable on the day of delivery in the buyer's countryThe value added tax is shown in a separate section on our invoicesIn countries outside the EU, additional customs fees may apply, which are to be borne by the customer.
In countries outside the EU, additional customs fees may apply, which are to be borne by the customer.
3.2 Our prices are updated dynamically and displayed in the system; The price stated in the order confirmation is exclusively binding.
- Shipping and handling costs
4.1 Our prices in the online shop already include the delivery and shipping costs agreed for the respective customer, unless otherwise stated.
4.2 If an order is delivered to different addresses, the above rules apply to each addressWe provide individual fixed prices inclDelivery and transport costs as well as customs fees are charged for each delivery address.
4.3 Unless otherwise agreed or expressly stated in the online shop, we deliver free of charge.
4.4 We also offer a partial delivery and bulk order service.
- Payment terms and conditions
5.1 Our invoices are payable immediately upon receipt of the invoice and in accordance with the terms of payment agreed herein without any deductionsThe process of order processing only begins with us when the credit is credited to our business account or to one of our payment service providers.
The process of order processing only begins with us when the account is credited.
5.2 According to § 286 para3 BGB, the customer is in default of payment no later than 30 days after receipt of the invoice, without the need for a reminderFrom the beginning of the delay in payment, the customer is obliged to pay all costs arising from this delay (e.g.to bear the costs of sending reminders) as well as default interest.
5.3 The payment deadline is based on the time the money is received/your payment is credited to our account.
5.4 According to § 286 para3 BGB, the customer is in default of payment no later than 30 days after receipt of the invoice, without the need for a reminderFrom the beginning of the delay in payment, the customer is obliged to pay all costs arising from this delay (e.g.to bear the costs of sending reminders) as well as default interest.
5.5 If payment is delayed beyond the 10-day period, we will charge interest on arrears at 3% of the respective base rateInterest on arrears is due immediatelyWe reserve the right to claim damages caused by default.
- Reservation of property rights
6.1 The delivered goods remain our property until they have been paid for in full.
6.2 In the event of seizures by third parties - even after connection or processing - as well as other impairments of our rights to the goods subject to retention of title, the customer must inform us immediately in writing and inform the third party immediately of our retention of title.
6.3 The customer is entitled to resell the goods subject to retention of title under normal terms and conditionsAny other act of disposal, in particular pledging, assignment by way of security or waiver in exchange, is not permittedThe authorization to assign expires, even without express notice, in the event of default in payment or complete suspension of payment by the customer or in the event of a breach of existing disadvantageous obligations, in particular with regard to retention of title.
6.4 The customer hereby assigns (in advance) the claims arising from the resale of the goods subject to retention of title with all ancillary rights that go along with these claims and guarantee our securityWe accept this assignmentThe customer is obliged to give us the name of the third party debtor upon request.
6.5 The buyer is revocably authorized to collect claims from the resale of delivered goodsThis authorization to collect also expires without express notice if the buyer stops his payments or is in default of paymentAt our request, the buyer is obliged to notify the third party debtor of the assigned claims immediately and to notify him of the assignment.
6.6 The securities to which we are entitled according to the above provisions are to be disclosed to the buyer immediately upon request as soon as their realizable value exceeds a total claim of 10%.
- Returns and returned goods
7.1 Purchased goods that have not been used and are still in their original packaging can be returned within 14 days of delivery without having to state a reason for the returnAfter we have registered the return in writing, we 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 case of a justified and proper return of the goods, we will reimburse the invoice amount minus the shipping costs, the costs for packaging and insurance and other costs incurred by us.
We expressly reserve the right to offset the reimbursement amount with outstanding claims on our part against the customer or with claims from future orders.
7.2 Sterile articles and products designed or manufactured according to customer requirements or other special orders, as well as goods that are not included in our catalog, cannot be returned.
- Notification of defects
8.1 If the buyer or seller discovers defects in the contract, they must be reported and eliminated immediately in accordance with Section 377 of the German Commercial Code (HGB), but no later than 5 working days after receipt of the goodsPackages are to be checked for correctness immediately after delivery and any defects found are to be reported to us within 5 working daysThe customer must report any damage to the parcels in writing to the carrier.
8.2 The defective goods must be made available to us for inspection and must be treated carefully and appropriately and stored in a manner appropriate to the product.
8.3 Defect claims submitted in good time and approved by VGA will be resolved by means of supplementary performanceThe buyer is only entitled to withdraw from the contract if withdrawal is not legally excluded or to a reduction in the purchase price after the unsuccessful expiry of a period for supplementary performance set in accordance with the statutory provisions.
8.4 Samples and samples as well as the data in our online shop only reflect the average situation and performance of the goodsCustomary deductible or reasonable deviations in the delivered goods are not considered a defect and cannot be objected toSomething else only applies if expressly agreed.
8.5 The right of return excludes sterile products, underwear, personalized products or other special orders and products that are individually tailored to customer requirements, as well as products that do not belong to our range.
- Exceptional circumstances, strikes, customs, etc.
9.1 In the event of force majeure or other unforeseeable, extraordinary losses and late payments - such as system disruptions, pandemics, strikes, lockouts, official sanctions, customs delays, theft and embezzlement, delivery complications, delays in the delivery/delivery of essential parts, etc.- and this leads to delays at our suppliers - the delivery time is extended accordingly and a new delivery date is agreed with the customer.
9.2 If our delivery is impossible due to the extraordinary circumstances mentioned above, we are released from our delivery obligationThe same applies to unreasonablenessWe then commit ourselves to the customer orto inform the accepting representative immediately about the aforementioned circumstancesIf the aforementioned events last longer than 6 months, both we and the customer are entitled to withdraw from the contractA partial delivery that has already been made is then considered an independent business.
9.3 In the case of the aforementioned circumstances, our customers have no further rights against us, such asthe right to compensationThis limitation of liability no longer applies as soon as someone has intentionally violated an essential contractual obligation through gross negligence or slight negligenceThis limitation of liability also does not apply if damage to the body or health is involved.
- Place of performance and competent court (place of jurisdiction)
10.1 The place orThe place of jurisdiction at which all obligations of the contractual agreement arising from the contractual relationship are fulfilled is Hamburg, Germany.
10.2 If our customer is a merchant or one of the other requirements of Section 38 of the Code of Civil Procedure is present, the place of jurisdiction for all legal disputes, including amendment and documentation actions, is also Hamburg, GermanyThe same applies to disputes relating to the implementation and validity of the contract.
- Applicable Law
11.1 The law of the Federal Republic of Germany applies exclusively to orders, deliveries and other disputes arising from the contractual relationship (as in domestic commercial transactions).
12.1 The texts, the design and the image composition of the online shop are our intellectual propertyImitation and distribution require the express consent of our company.
- Partly void
13.1 Should one or more of the above-mentioned provisions be wholly or partially invalid, this shall not affect the validity of the remaining provisionsThe ineffective provision will be replaced by a valid one that comes closest to the economic purpose.
- Consumer regulation/EU regulation 524/2013
14.1 According to EU Regulation No.524/2013 on online dispute resolution in consumer affairs from 9January 2016 the consumer has the opportunity to resolve disputes about online sales or service contracts with contractors via an online platform (OS platform)This platform is administered by the EU Commission and made accessible via 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 from the EU Commission, the OS platform will be available from April 15Accessible to consumers in February 2016.
Our email address: firstname.lastname@example.org
15.1 We are liable for intent and gross negligence in accordance with the applicable German law.
15.2 We are only liable for simple negligence - except in the case of injury to life, limb or health - insofar as an obligation is violated, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly trusts and can rely (Cardinal obligation) Liability is limited to the foreseeable damage typical for the contractIn the event of a breach of a cardinal obligation in the delivery of software, liability is limited to five times the license fee and to such damage that can typically be expected to arise in the context of software licenseLiability 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, lost profit, lack of savings and financial loss due to claims by third parties is excluded in the case of simple negligence - except in the case of injury to life, limb or health.
15.4 Any further liability than in this contract - regardless of the legal nature of the asserted claim - is excludedThe above limitations of liability or- However, exclusions do not apply to legally mandatory, no-fault liability (e.g.according to the Product Liability Act) or liability from a no-fault guarantee.
15.5 Insofar as liability is excluded or limited in accordance with Clauses 15.2 and 15.3, this also applies to the personal liability of our employees, employees, employees, representatives, organs and vicarious agents.