General Terms and Conditions for the Online Shop of M.J. Oster GmbH

1. General information

   1. The following contractual provisions (GTC) apply to all contracts concluded with the customer (hereinafter: CUSTOMER) via the online store of M.J. Oster GmbH, Calmonstraße 8, 56814 Bremm, Germany (hereinafter: SELLER) under the domain tissi.de.

   2. These GTC contain special provisions for customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (hereinafter: ENTREPRENEURS). These special clauses for business transactions are characterized by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of Section 13 BGB.

   3. The SELLER does not recognize any deviating general terms and conditions of the customer unless the SELLER has expressly agreed to them in writing.

2. Conclusion of contract

   1. The CUSTOMER can place the desired products in the shopping cart by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping cart. During the ordering process, the CUSTOMER must enter the required contact details for shipping and payment and complete the order by clicking on the "Buy now" button.

   2. The CUSTOMER can correct input errors, in particular products mistakenly placed in the shopping cart, by entering the desired quantity in the shopping cart and using the available buttons. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the "forward" and "back" buttons of the browser.

   3. The presentation of the products in the SELLER's online store represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER submits a binding offer to conclude a contract for the products contained in the shopping cart. The SELLER will automatically confirm receipt of the order by e-mail without delay. The contractual relationship is concluded by this automated order confirmation.

   4. The purchase contract is concluded with M.J. Oster GmbH, Calmonstraße 8, 56814 Bremm, Germany.

   5. The contract language is German.

3. Contract text storage

   The contract text is stored by the SELLER. The order data shall be sent to the CUSTOMER separately in text form (e-mail). The GTC can also be called up and printed out in the online store.

4. Right of withdrawal

   Consumers are generally entitled to a statutory right of withdrawal. The legal regulations on any existing right of withdrawal are contained exclusively in the withdrawal policy, which is available to the CUSTOMER as part of the ordering process.

5. Prices and shipping costs

   1. The prices valid on the day of the order as displayed in the online store shall apply.

   2. The prices shown in the online store are in euros and include VAT.

   3. The following applies to the purchase of goods that are delivered in a parcel or otherwise by post: The prices displayed in the online store do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before the order is placed.

   4. If the CUSTOMER selects the additional shipping method "2-man handling" of DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn (hereinafter: DHL) in the order process, the additional services (e.g. taking packaging, assembly service or disposal of old appliances) are offered. The services offered by the SELLER can be found in the shipping information available in the online store. DHL and the CUSTOMER will coordinate an appointment by telephone in advance. For this purpose, the CUSTOMER must provide a contactable telephone number. DHL will make a maximum of two delivery attempts to the CUSTOMER. Further information can be found at https://www.dhl.de/2MH.

   5. We offer free shipping. Information on the conditions under which shipping is free of charge will be provided during the ordering process.

   6. In individual cases, further taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may be payable by the CUSTOMER in the case of cross-border deliveries.

6. Terms of payment

   1. The SELLER only accepts the payment methods offered in the online store during the ordering process. The CUSTOMER chooses their preferred payment method from the payment methods available.

   2. If payment is made via PayPal of the company PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 - 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and legitimize himself with his PayPal access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the SELLER. Payment can also be made via the PayPal payment method without a PayPal user account. With regard to the guest function of PayPal, the provisions available via the payment method apply. If the CUSTOMER chooses to pay by credit card in PayPal, depending on the amount of the payment or the type of delivery, the CUSTOMER may be asked for a required second authentication feature by displaying the website of the credit institution. The CUSTOMER must then verify the payment transaction with their personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special app. You can find more information on the Paypal website at https://www.paypal.com/de/webapps/mpp/home.

   3. CUSTOMERS who are ENTREPRENEURS within the meaning of Section 14 BGB shall only be entitled to set-off rights if the counterclaims are legally established, undisputed or recognized by the SELLER or if the opposing claims are based on the same legal relationship. This set-off prohibition does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

7. Delivery and shipping conditions - Information on calculating the delivery date

   1. Unless otherwise agreed with the CUSTOMER, goods delivered in a parcel or otherwise by post shall be delivered by post (parcel, small parcel, letter, forwarding agent, etc.) to the delivery address specified by the CUSTOMER in the order.

   2. Delivery is free kerbside.

   3. The delivery time is indicated separately on the respective product detail page.

   4. The delivery time stated on the product detail page begins on the working day following the CUSTOMER's payment order to the transferring bank in the case of payment in advance, or on the working day following the day on which the contract is concluded in the case of all other payment methods.

   5. The risk of accidental loss and accidental deterioration of the goods sold shall pass to the entrepreneur upon delivery to the entrepreneur or a person authorized to receive the goods or, in the case of sale by dispatch, upon delivery of the goods to a suitable carrier. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods to the consumer in accordance with § 446 BGB. With regard to the transfer of risk, it shall be deemed equivalent to handover if the CUSTOMER is in default of acceptance.

   6. Orders can be placed by all customers from the European Economic Area and, if applicable, the other countries specified in the online store and/or in the shipping costs table. Orders are only delivered to Germany and, if applicable, to the countries specified in the online store and/or in the shipping costs table.

   7. In the event of delays in delivery, the SELLER shall inform the CUSTOMER immediately.

   8. If the carrier returns the object of purchase to the SELLER because delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs for a new shipment. This does not apply if the CUSTOMER has exercised any existing right of withdrawal in parallel with the refused acceptance or if he is not responsible for the circumstance that led to the impossibility of delivery, or if the CUSTOMER was temporarily prevented from accepting the service offered, unless the SELLER had given him reasonable advance notice of the service.

8. Retention of title

   1. The SELLER retains title to the goods sold until the purchase price has been paid in full.

   2. The goods subject to retention of title may not be pledged by the CUSTOMER to third parties or assigned as security before full payment of the secured claims. The CUSTOMER must notify the SELLER immediately in text form if and to the extent that third parties seize the SELLER's goods.

   3. If the CUSTOMER acts in breach of contract, in particular in the event of non-payment of the purchase price due, the SELLER shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and the withdrawal. If the CUSTOMER does not pay the purchase price due, the SELLER may only assert these rights if the CUSTOMER has previously been unsuccessfully set a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.

9. Warranty/liability for defects/duty to give notice of defects

   1. The rights in the event of defects in the purchased item are governed by the statutory provisions.

   2. Claims for defects by ENTREPRENEURS who are merchants within the meaning of the German Commercial Code (HGB) presuppose that they have duly fulfilled their obligations to inspect and give notice of defects in text form within 14 calendar days of receipt of the goods in accordance with § 377 HGB. This obligation to give notice of defects does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

   3. The limitation period for claims for defects by ENTREPRENEURS is 12 months, calculated from the transfer of risk to the ENTREPRENEUR. This shortening of the warranty obligation does not apply to CUSTOMERS who are consumers within the meaning of § 13 BGB.

10. Liability

    1. The CUSTOMER's claims for damages or reimbursement of futile expenses against the SELLER shall be governed by these provisions outside of warranty law, regardless of the legal nature of the claim.

    2. The liability of the SELLER is excluded - irrespective of the legal grounds - unless the cause of the damage is based on intent and/or gross negligence on the part of the SELLER, its employees, its representatives or its vicarious agents. Insofar as the liability of the SELLER is excluded or limited, this shall also apply to the personal liability of employees, representatives or vicarious agents of the SELLER. The liability of the SELLER under the Product Liability Act remains unaffected (§ 14 ProdHG).

    3. The SELLER shall be liable in accordance with the statutory provisions for damages resulting from injury to life, body or health which are based on an intentional, grossly negligent or negligent breach of duty by the SELLER or a legal representative or vicarious agent of the SELLER.

    4. If the SELLER at least negligently violates an essential contractual obligation, i.e. an obligation whose fulfillment is of particular importance for achieving the purpose of the contract (essential contractual obligation or cardinal obligation), the liability is limited to the typically occurring damage, i.e. to such damage that must typically be expected to occur within the scope of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment is essential for the proper execution of this contract and on whose compliance the CUSTOMER regularly relies and may rely.

11. Data storage and data protection

    The data protection provisions of the privacy policy on the website https://www.tissi.de apply exclusively.

12. Notice pursuant to Art. 14 ODR Regulation

    1. CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB) have the option of conducting an online dispute resolution procedure on the EU portal "Your Europe"(https://europa.eu/youreurope/citizens/index_de.htm) with the involvement of a recognized arbitration body. For this purpose, they can use the EU's online dispute resolution platform at the URL https://ec.europa.eu/consumers/odr/.

    2. The online arbitration procedure is not a mandatory prerequisite for recourse to the competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.

    3. Other national provisions on the conduct of arbitration proceedings remain unaffected by the above provisions in sections 12.1 and 12.2.

13. Notice according to § 36 VSBG

    1. CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB) generally have the option of seeking an alternative dispute resolution procedure within the meaning of Section 36 VSBG.

    2. The alternative dispute resolution procedure is not a mandatory requirement for recourse to the competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.

    3. The SELLER does not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.

14. Final provisions

    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.

    2. In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

    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 shall be the registered office of the SELLER at Calmonstraße 8, 56814 Bremm, Germany.

    4. The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. The authority of the SELLER to also appeal to the court at another legal place of jurisdiction remains unaffected by this.