Terms and conditions

Terms and conditions with customer information

1. scope of application
2. conclusion of contract
3. prices and terms of payment
4. terms of delivery and dispatch
5. right of withdrawal
6. retention of title
7. liability for defects
8. redemption of promotion vouchers
9. applicable law
10. place of jurisdiction
11. information on online dispute resolution

1. scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Optimondo GmbH” (hereinafter referred to as “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller for the goods offered by the Seller in its online shop. The inclusion of the customer’s own conditions is contradicted unless otherwise agreed.

1.2 A consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

1.3 Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

2. conclusion of contract

2.1 The presentation of the goods, especially in the online shop, does not constitute a binding offer by the seller.

2.2 First the customer puts the selected goods into the shopping cart. In the following step the ordering process begins, in which all necessary data for order processing is recorded.
At the end of the ordering process a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button concluding the ordering process does the customer submit a binding offer to purchase the goods contained in the shopping cart.

The customer can also submit this offer to the seller by fax, e-mail, post or telephone.

2.3 The seller accepts the customer’s offer by the following possible alternatives:

– Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
– Request for payment to the customer after placing the order
– Delivery of the ordered goods

Decisive for the time of acceptance is the first alternative that occurred.

The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall constitute rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4 If the customer chooses the payment method “PayPal” or “PayPal Express” for the payment of his purchase, he submits his offer by clicking on the button which concludes the ordering process. If the customer simultaneously places a payment order with PayPal by clicking this button, the seller declares, in deviation from the above provisions, the acceptance of the customer’s offer at the time of placing the payment order.

2.5 The text of the contract concluded between the seller and the customer is stored by the seller. The text of the contract is stored on the internal systems of the seller. The customer can view the general terms and conditions at any time on this page. The order data, the revocation instruction as well as the AGB are sent to the customer by email. After completion of the order, the contract text is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.

2.6 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, which are labeled accordingly.

2.7 The contract language is German.

2.8 It is the customer’s responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails concerning this order can be delivered.

3. prices and terms of payment

3.1 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, further duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
It is recommended that the customer inquire about the details before placing an order with the respective institutions or authorities.

3.3 The customer can choose the payment methods that are available in the online shop

3.4 In case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.5 In case of payment by “PayPal”, the payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this the terms of use of Paypal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.6 In the case of payment by “PayPal Direct Debit”, the collection of the claim by PayPal will take place after the issuance of a SEPA Direct Debit Mandate and after the expiry of the deadline for the prior information on behalf of the seller from the customer’s bank account. A pre-information notice is the seller’s announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit without being entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if the customer is responsible for this. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.

3.7 When paying by “PayPal Instalments”, the customer concludes an instalment contract with PayPal. If PayPal allows payment via “PayPal Installment Payment”, the customer has to pay the invoice amount to PayPal according to the conditions determined by Paypal, which are communicated to him in the payment portal of Paypal
The terms of use of Paypal apply, which you can find here:
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this method of payment.

3.8 In case of payment on account via “PayPal invoice” the payment is processed by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless another payment term is specified.
The purchase on account requires a successful credit check by PayPal.
If the customer is allowed to make the purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, therefore payment can only be made to PayPal with debt discharging effect.
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this method of payment.
otherwise the general terms of use for the use of the invoice purchase of PayPal apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4. terms of delivery and dispatch

4.1 The delivery of goods on the dispatch route is made to the delivery address indicated by the customer. Notwithstanding the foregoing, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

4.2 If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these costs must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same shall apply in the event that the customer was temporarily prevented from accepting the performance, unless the seller has given him reasonable prior notice of the performance. Excluded from this regulation are the costs of sending the goods, if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.

4.3 In case of agreed self-collection, the customer is informed by the seller that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller’s registered office or at an agreed place, after consultation with the seller. In this case there are no shipping costs.

4.4 Vouchers are provided to the customer in the following form:

by email
via download
by mail
5. right of withdrawal

5.1 If the customer is a consumer, he is basically entitled to a right of revocation.

5.2 The right of revocation is subject to the revocation instruction of the seller.

5.3 Consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract shall have no right of revocation.

6. retention of title

If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.

7. liability for defects

7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed in these GTC.

7.2 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. Non-compliance has no effect on the customer’s legal or contractual claims for defects.

8. redemption of promotion vouchers

8.1 Vouchers which the seller gives away free of charge within the framework of (advertising) campaigns with a certain period of validity and which the customer cannot purchase (“campaign vouchers”) can only be redeemed in the seller’s online shop and only within the period of time indicated by the seller.

8.2 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, are stated in the promotion voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. There is no subsequent offsetting.

8.4 Only one promotion voucher can be redeemed per order. It is not possible to redeem several promotion vouchers in one order.

8.5 The value of goods of the respective order must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.

8.6 If the value of a campaign voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

8.7 The credit balance of a promotion voucher will neither be paid out nor bear interest.

8.8 The promotion voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.

8.9 The promotion voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.

9. applicable law

9.1 The law of the Federal Republic of Germany shall apply, excluding the laws on the international purchase of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.

9.2 This choice of law made here does not apply with regard to the statutory right of revocation for consumers if they do not belong to a member state of the European Union at the time of conclusion of the contract and their sole residence and delivery address at the time of conclusion of the contract is outside the European Union.

10. place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller.
If the customer’s place of business is outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer’s registered office.

11. information on online dispute resolution

The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.