Terms of Service

<p><strong>General Terms and Conditions</strong></p>

General terms and conditions of business

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.

2. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with OSCAR E-Handel Maciej Sobkowiak.

By placing the products in our online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation email.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the contract text and send you the order details and our General Terms and Conditions in text form. For security reasons, the contract text is no longer accessible online.

4. Subject matter of the contract

4.1 Product description

Attention is drawn to the validity of the respective product description as an essential part of the contract.

4.2 Right of use

Any sketches, drafts, preliminary products, etc. we may create to fulfill the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order within the contractually agreed scope.

5. Requirements and handling of customer content

5.1 Requirements

If it is necessary for you to send us content (e.g. texts, data, files) in order to fulfil the order, the technical possibilities available for this and any applicable requirements will be determined by the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not conduct any editorial review of the content prior to executing the order.

5.2 Compliance with applicable law

The content and the products created from it must always comply with the applicable legal provisions. In particular, they must not infringe the rights and claims of third parties (in particular copyright, trademark, or other intellectual property rights), nor contain or serve any content that glorifies violence, is discriminatory, racist, xenophobic, or otherwise immoral or unconstitutional.

5.3 Exemption

You indemnify us against any third-party claims that they may assert in connection with a violation of their rights through our contractual use. You also assume the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This indemnity does not apply if you are not responsible for the violation. In the event of a claim by third parties, you are obligated to promptly, truthfully, and completely provide us with all information necessary to examine the claims and to defend ourselves.

5.4 Right of withdrawal

We reserve the right to refuse the order or withdraw from the contract if the content you provide violates legal or regulatory prohibitions or violates common decency, or if there is reasonable suspicion of doing so. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

6. Assembly

The provision of assembly services requires an express agreement.

6.1 Selection of the service provider

We will perform the service, at our discretion, either personally or through qualified personnel selected by us. We expressly reserve the right to outsource the service to third parties (subcontractors) acting on our behalf.

You are only entitled to select a specific person to provide the service if and to the extent that this is expressly stated in the applicable service description.

If and to the extent that third parties are engaged to provide services, we remain fully responsible for the fulfillment of contractual obligations.

Before engaging third parties, we will review and commit them to their reliability, suitability in terms of professional training, experience and/or ability to provide the contractual services.

6.2 Access to the installation site

The product will be delivered to the installation site. You are obligated to grant access to the installation site to the persons responsible for installation.

7. Delivery conditions

7.1 Delivery area

We deliver within Germany.

7.2 Shipping costs

In addition to the stated product prices, additional shipping costs may apply for standard shipping. You can find more information about shipping costs in the individual offers.

There is a surcharge of €50 for express shipping . Further details regarding express shipping can be found in the offers.

7.3 Delivery options

We ship the products to the delivery address specified during the ordering process.

You generally have the option of picking up your order from OSCAR E-HANDEL Maciej Sobkowiak, Lindenstraße 1, 02923 Kodersdorf, Germany during the following business hours: Monday to Friday, 7 a.m. to 3 p.m.

7.4 Delivery by freight forwarder

Make an appointment

In the case of freight forwarding deliveries, the freight forwarding company commissioned by us will contact you to arrange a delivery date.

Delivery location

Delivery of the goods is limited to the transport and unloading of the goods to the first public curb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless otherwise expressly agreed.

Required local conditions

Delivery by freight forwarder is only possible if the delivery address can be reached by motor vehicles with a permissible total weight of 20 tonnes via public roads with a minimum width of 6 metres without further official or civil law restrictions.

The product must be transportable by two people to the agreed delivery location (especially with regard to any doors, stairs, stairwells, etc.). Information on packaging dimensions can be found in the offers.

If any of the above requirements are not met or you have any doubts, please contact us by phone before placing your order.

Cooperation of the recipient

Unloading and, if necessary, subsequent transport of the goods to the agreed delivery location are carried out jointly by the forwarding agent driver and the recipient. Information on packaging dimensions can be found in the offers.

The following applies to merchants: Notwithstanding the previous sentence, the recipient is responsible for unloading and any necessary subsequent transport of the goods to the agreed place of delivery.

8. Payment

8.1 Prices

The prices stated at the time of the order apply. These are total prices and include VAT.

8.2 Due date and default of payment

The price is due upon conclusion of the contract unless a later date is specified in the following payment terms.

The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of €1.50 per reminder for the second and each subsequent reminder. You reserve the right to provide evidence of lesser damages. This does not affect any further claims.

For businesses: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate, plus a flat fee of €40. This does not affect any other claims.

8.3 Payment methods

The following payment methods are generally available in our shop.

Prepayment
If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after the order is placed. Further instructions will be provided during the ordering process.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require PayPal registration. Further information is provided for each payment option and during the ordering process.

PayPal, PayPal Express
In order to pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.

The invoice
The invoice amount is due within 7 days of receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice. We reserve the right to only offer purchase on account after a successful credit check.

9. Right of withdrawal

You have the statutory right of withdrawal as described in the cancellation policy.

10. Retention of title

The product remains our property until full payment has been made.
The following applies additionally to entrepreneurs: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

11. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have handed over the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment.

12. Data backup

You are responsible for properly and regularly backing up your data. We are not liable for any damages resulting from data loss if you could have avoided the data loss by performing regular and complete backups.

The above restriction does not apply to claims based on damages caused by us, our legal representatives or vicarious agents

in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty and fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is open.

13. Warranty and Guarantees

13.1 Liability for defects

Unless expressly agreed otherwise, the statutory liability for defects applies.

The following limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty and fraudulent intent
in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is open.

Restrictions on entrepreneurs

With respect to businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to be an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty.

The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.

Notice to merchants

Merchants are subject to the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable during inspection. This does not apply if we have fraudulently concealed a defect.

Information to consumers

We would like to inform you that when selling used goods to consumers, we may shorten the limitation period for warranty claims to one year from delivery of the goods, provided that we specifically inform you of this and this is expressly and separately agreed upon.

13.2 Warranties and customer service

Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on working days from to by telephone or by email at .

14. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents

in case of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the damage foreseeable at the time the contract was concluded and which must typically be expected to occur.
Otherwise, claims for damages are excluded.

15. Agreement on the use of Trusted Shops Buyer Protection

You can protect orders placed with us free of charge up to an order value of 100 euros using the Trusted Shops SE Buyer Protection. In addition, Trusted Shops, together with a guarantor, offers paid protection. The Trusted Shops Buyer Protection Terms and Conditions apply, which you can find here . Buyer Protection is concluded by clicking on the corresponding button on the so-called Trustcard, which appears as a pop-up on the order thank you page after placing an order. If you are already registered for Buyer Protection, your order will be automatically protected (automatic Buyer Protection) without you having to click the button. In order to offer you (automatic) Buyer Protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your email address, as well as the order number and order amount, are transmitted to Trusted Shops. If you are already registered for Buyer Protection, your order will be automatically protected. If you are not yet registered for Buyer Protection, you can register using the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.

16. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here . Consumers have the opportunity to use this platform to resolve their disputes.
To resolve disputes arising from a contractual relationship with a consumer, or regarding whether such a contractual relationship even exists, we are obligated to participate in dispute resolution proceedings before a consumer arbitration board. The responsible body is the Federal Universal Arbitration Board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/ . We will participate in dispute resolution proceedings before this board.

17. Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Should individual clauses of these Terms and Conditions be invalid in whole or in part, the remainder of the contract shall remain valid. To the extent that individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.

Language