Terms of service

General Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all orders placed through our online store by consumers and businesses.

• Consumer: Any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

• Business: Any natural or legal person or a legally recognized partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

For businesses: If the business uses conflicting or supplementary General Terms and Conditions, their validity is hereby expressly rejected. They will only become part of the contract if we have explicitly agreed to them.

2. Contracting Parties, Contract Conclusion, Correction Options

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

• By listing the products in our online store, we provide a binding offer to conclude a contract for these products.

• You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order using the correction tools provided and explained in the order process.

• The contract is concluded when you accept the offer for the products in the shopping cart by clicking the order button.

• Immediately after sending the order, you will receive a confirmation via email.

3. Contract Language, Storage of Contract Text

• The available language(s) for concluding the contract is/are German.

• We save the contract text and send you the order data and our GTC in text form.

• For security reasons, the contract text is no longer accessible via the internet.

4. Subject of the Contract

4.1 Product Description

The respective product description is considered an essential part of the contract.

4.2 Usage Rights

• Any sketches, drafts, preliminary products, etc., created by us for the fulfillment of the order are legally protected.

• We grant you a simple, non-exclusive right to use them for the purpose of order fulfillment within the contractually agreed scope.

5. Requirements and Handling of Customer Content

5.1 Requirements

• If it is necessary for the fulfillment of the order that you provide us with content (e.g., texts, data, files), the existing technical possibilities and any applicable requirements are based on the respective product description.

• You are solely responsible for the content, including its legality and accuracy. We do not conduct any content review before fulfilling the order.

5.2 Compliance with Applicable Law

• The content and the resulting products must always comply with the applicable legal provisions.

• In particular, they must not violate the rights and claims of third parties (especially copyrights, trademarks, or other protective rights) and must not contain any content that glorifies violence, is discriminatory, racist, xenophobic, or otherwise unethical or unconstitutional.

5.3 Indemnification

• You release us from any claims of third parties that they may assert in connection with an infringement of their rights through the contractual use by us.

• In this case, you are also responsible for covering the necessary legal defense costs, including all court and attorney fees at the statutory rate.

• The indemnification does not apply if the legal violation is not attributable to you.

• In the event of a claim by third parties, you are obliged to provide us with all information necessary for the examination of the claims and the defense truthfully and in full without delay.

5.4 Right of Withdrawal

• We reserve the right to reject the order or withdraw from the contract if the content you have provided violates legal or regulatory prohibitions, good morals, or if there is a justified suspicion of this.

• This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

6. Assembly

6.1 Selection of Service Providers

• The provision of assembly services requires an explicit agreement.

• We provide the service at our discretion, either personally or through qualified personnel selected by us.

• We expressly reserve the right to use third parties (subcontractors) who will act on our behalf.

• You are only entitled to request a specific person for service provision if this is explicitly stated in the applicable service description.

• Even when third parties are used, we remain fully responsible for the fulfillment of contractual obligations.

• Before using third parties, we ensure their reliability, qualifications regarding professional training, experience, and ability to provide contractual services.

6.2 Access to the Assembly Site

• The product will be delivered to the assembly site.

• You are obligated to grant access to the assembly site for the personnel assigned to perform the installation.

7. Delivery Conditions

7.1 Delivery Area

• We deliver within Germany.

7.2 Shipping Costs

• In addition to the specified product prices, shipping costs may be added for standard shipping.

• Details on the shipping costs are provided in the offers.

• An additional charge of €50 applies for express shipping. Further details about express shipping can be found in the offers.

7.3 Delivery Options

• We ship the products to the delivery address specified during the order process.

• Alternatively, you can pick up your order at OSCAR E-HANDEL Maciej Sobkowiak, Lindenstraße 1, 02923 Kodersdorf, Germany, during the following business hours: Monday to Friday, 7:00 am to 3:00 pm.

7.4 Delivery via Freight Forwarding

• Appointment Scheduling: The freight forwarding company commissioned by us will contact you to arrange a delivery date.

• Delivery Location: The delivery is limited to the transportation and unloading of the goods at the first public curbside of the specified delivery address. It does not include delivery to specific rooms, installation, or setup of the ordered goods unless expressly agreed otherwise.

• Required Local Conditions:

  • Delivery by freight forwarding is only possible if the delivery address is accessible by vehicles with a maximum gross weight of 20 tons via public roads with a minimum width of 6 meters, without further official or civil law restrictions.

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

  • If any of the above conditions are not met or if you have doubts about them, please contact us by phone before placing your order.

• Recipient’s Cooperation:

  • Unloading and any subsequent transport of the goods to the agreed delivery location is carried out jointly by the freight driver and the recipient.

  • For merchants: Contrary to the previous sentence, the recipient is solely responsible for unloading and any subsequent transport of the goods to the agreed delivery location.

8. Payment

8.1 Prices

• The prices at the time of the order apply. These are total prices and include the statutory value-added tax.

8.2 Due Date and Default of Payment

• The price is due at the conclusion of the contract unless a later date is specified in the following payment conditions.

• For consumers: In the event of late payment, we reserve the right to charge you a fee of €1.50 for the second and each subsequent reminder. You have the right to prove that less damage was incurred. Further claims remain unaffected.

• For businesses: In the event of late payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base rate and a flat fee of €40. Further claims remain unaffected.

8.3 Payment Methods

• The following payment methods are generally available in our shop:

1. Prepayment:

   • If you choose prepayment, we will provide you with our bank details in a separate email and deliver the goods after receiving payment.

2. PayPal, PayPal Express:

   • To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate with your access data, and confirm the payment instruction.

   • The payment transaction will be carried out by PayPal immediately after placing the order.

   • PayPal may offer further payment options to registered customers, which we cannot influence. Further information can be found in your PayPal account.

3. Invoice:

   • The invoice amount is due within 7 days of receipt of the invoice and the goods via bank transfer to the bank account specified in the invoice.

   • We reserve the right to offer purchase on account only after a successful credit check.

9. Right of Withdrawal

• You are entitled to the statutory right of withdrawal as described in the withdrawal policy.

10. Retention of Title

• The product remains our property until full payment is received.

• For businesses, the following applies additionally:

  • We retain ownership of the product until all claims from an ongoing business relationship have been settled in full.

  • You may resell the reserved goods in the ordinary course of business; any claims arising from this resale are assigned to us in advance up to the invoice amount, and we accept this assignment.

  • You are authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

  • We will release the securities due to us upon your request, insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

11. Transport Damage

• For Consumers: If goods are delivered with obvious transport damage, please report such errors to the carrier as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance.

• For Businesses: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have handed over the item to the carrier, freight forwarder, or the person or institution otherwise responsible for carrying out the shipment.

12. Data Backup

• You are responsible for the proper and regular backup of your data.

• We are not liable for damages resulting from data loss, insofar as you could have avoided the data loss through regular and complete data backup.

• This limitation does not apply to claims arising from damages caused by us, our legal representatives, or our vicarious agents:

  • In the event of injury to life, body, or health.

  • In case of intentional or grossly negligent breach of duty and fraudulent intent.

  • In the event of a breach of essential contractual obligations (cardinal obligations).

  • Within the framework of a guarantee promise, if agreed.

  • To the extent that the scope of the Product Liability Act is opened.

13. Warranty and Guarantees

13.1 Warranty Rights

• Unless expressly agreed otherwise, the statutory warranty law applies.

• The following restrictions and shortened limitation periods do not apply to claims arising from damages caused by us, our legal representatives, or vicarious agents:

  • In case of injury to life, body, or health.

  • In case of intentional or grossly negligent breach of duty, including fraudulent intent.

  • In the event of a breach of essential contractual obligations (cardinal obligations), which are necessary for the proper performance of the contract and on which the contracting party may regularly rely.

  • Within the scope of a guarantee promise, if agreed.

  • If the scope of the Product Liability Act is applicable.

Restrictions for Entrepreneurs

• For entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract are considered as an agreement on the quality of the goods; we do not assume any liability for public statements made by the manufacturer or other advertising statements.

• For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk. This does not apply to an item used in accordance with its usual purpose for a building and that caused its defectiveness.

• The sale of used goods is carried out under the exclusion of any warranty.

• The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Notice for Merchants

• The inspection and notification obligations regulated in § 377 HGB apply to merchants.

• If you fail to provide the notification specified there, the goods are considered approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Notice for Consumers

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

13.2 Guarantees and Customer Service

• Information on any applicable additional guarantees and their exact 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 claims on working days via the phone number and by email specified in our contact details.

14. Liability

• We are always fully liable for claims arising from damages caused by us, our legal representatives, or our vicarious agents:

  • In the event of injury to life, body, or health.

  • In case of intentional or grossly negligent breach of duty.

  • In the case of guarantee promises, if agreed.

  • If the scope of the Product Liability Act is applicable.

• For the violation of essential contractual obligations (cardinal obligations) through slight negligence by us, our legal representatives, or vicarious agents, liability is limited to the foreseeable damage at the time of the conclusion of the contract, which must typically be expected.

• Otherwise, claims for damages are excluded.

15. Agreement on the Use of Trusted Shops Buyer Protection

• You can secure your orders placed with us free of charge up to an order value of €100 through the Trusted Shops SE Buyer Protection.

• In addition, Trusted Shops offers a paid protection together with a guarantor. The Trusted Shops Buyer Protection Conditions apply, which you can find [here].

• The conclusion of the Buyer Protection is made by clicking on the appropriately labeled button of the so-called Trustcard, which appears as a pop-up on the order confirmation page after completing an order.

• If you are already registered for Buyer Protection, your order will be automatically secured (automatic Buyer Protection) without having to click the button.

• To offer you (automatic) Buyer Protection, the Trustcard must access order data stored in the cache of your browser.

• This involves transmitting a hash value of your email address, the order number, and the order amount to Trusted Shops.

• If you are already registered for Buyer Protection, your order will be automatically secured.

• If you are not yet registered for Buyer Protection, you can register via the Trustcard as described above.

• Information on data protection at Trusted Shops can be found in the Buyer Protection conditions linked above.

16. Dispute Resolution

• The European Commission provides a platform for online dispute resolution (ODR), which you can access here. Consumers have the option to use this platform for the resolution of their disputes.

• To resolve disputes arising from a contractual relationship with a consumer or regarding whether such a contractual relationship exists, we are obliged to participate in dispute resolution procedures before a consumer arbitration board.

• The competent authority is the Universal Arbitration Board of the Federal Republic at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, https://www.universalschlichtungsstelle.de/.

• We will participate in a dispute resolution procedure before this body.

17. Final Provisions

• If you are an entrepreneur, German law applies, excluding the UN Sales Convention (CISG).

• If individual clauses of these Terms and Conditions are wholly or partially invalid, the remainder of the contract remains valid. The content of the contract is governed by the statutory provisions where individual clauses are invalid.