Terms & Conditions (T&C) – OSTOVE

Terms & Conditions (T&C)

 

General Terms and Conditions

1. Scope

The following GTC apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legal partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

With respect to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.

2. Contract partners, conclusion of contract, correction options

The purchase contract is concluded with Viista-Products GmbH.

By placing the products in the online shop, we submit a binding offer for the conclusion of a contract for these items. You can place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by e-mail.

3. Contract language, storage of contract text

The language(s) available for concluding the contract: German, English

We store the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login.

4. Delivery conditions

In addition to the stated product prices, shipping costs may apply. You can find more details on any applicable shipping costs in the offers.

We deliver only by shipping. Unfortunately, self-collection of the goods is not possible.

5. Payment

The following payment methods are generally available in our shop:

Advance payment
When selecting the payment method advance payment, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash on delivery
You pay the purchase price directly to the delivery agent. No further costs apply.

Credit card
In the ordering process, you enter your credit card details. Your card will be charged immediately after submitting the order.

SEPA direct debit
When placing the order, you grant us a SEPA direct debit mandate. We will inform you at least one banking business day in advance of the date of the account debit (so-called prenotification). A banking business day is any working day except Saturdays, nationwide public holidays, and 24 and 31 December of each year. The account debit is made before shipping the goods.

PayPal, PayPal Express
To pay the invoice amount via the payment service 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 yourself with your login details, and confirm the payment instruction. The payment transaction is carried out by PayPal after shipping the goods. Further information is provided in the order process.

PayPal may offer registered PayPal customers and selected customers additional payment options in their customer account based on its own criteria. We have no influence on the offering of these options; any individually offered payment methods apply to your legal relationship with PayPal. More information can be found in your PayPal account.

PayPal
In cooperation with the payment service PayPal (Europe) S.à r.l. et Cie, S.C.A, 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer the following payment options as PayPal Services. Unless otherwise stated below, payment via PayPal Plus does not require registration with PayPal. Further information is given in the respective payment option and in the order process.

PayPal, PayPal Express
To pay the invoice amount via 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 submitting the order.

PayPal may offer registered and selected PayPal customers further payment methods in their account. We have no influence on this; such additional payment methods concern only your legal relationship with PayPal. More information is available in your PayPal account.

Credit card via PayPal
Your card will be charged by PayPal after shipping the goods.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (prenotification). The account debit is executed before shipping the goods.

Purchase on account via PayPal
Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Sofort by Klarna
To pay the invoice amount via the payment service Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have an online banking-enabled bank account, authenticate yourself accordingly, and confirm the payment instruction. Your account will be charged immediately after placing the order. Further instructions are provided in the ordering process.

Google Pay
To pay the invoice amount via the payment service Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have the Google Pay function activated, authenticate yourself, and confirm the payment instruction. The transaction is carried out immediately after placing the order. More information is available during checkout.

Apple Pay
To pay the invoice amount via Apple Pay, provided by Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have Apple Pay activated, authenticate yourself, and confirm the payment instruction. The payment transaction occurs immediately after placing the order. Further information is given during checkout.

Amazon Pay
To pay the invoice amount via Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, authenticate yourself, and confirm the payment instruction. The payment transaction is executed within one banking business day after placing the order. A banking business day is any working day except Saturdays, national public holidays, and 24 and 31 December. Further notes are provided in the order process.

BillPay
In cooperation with the payment service "BillPay", operated by Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment through BillPay requires a successful address and credit check and is made directly to BillPay. More information is provided in each payment option and during the ordering process.

Invoice via BillPay
The invoice amount is due after shipping the goods and receiving the invoice.

Direct debit via BillPay
When placing the order, you grant BillPay a SEPA direct debit mandate. BillPay will inform you of the account debit date (prenotification). The debit takes place before shipping the goods.

Klarna
In cooperation with the payment service Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer the following payment options. Payment via Klarna is available only to consumers. Unless otherwise stated, payment via Klarna requires a successful address and credit check and is made directly to Klarna. More information is provided in each payment option and during checkout.

Purchase on account via Klarna
The invoice amount is due 30 days after shipping the goods and receiving the invoice.

Klarna credit card
In the order process, you enter your credit card details. Your card is charged immediately after placing the order. No address or credit check takes place.

Klarna direct debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the debit date (prenotification). The debit occurs after shipping the goods.

Installment purchase via Klarna
You may pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is 6.95 euros.

Invoice
The invoice amount is due 14 days after receiving the invoice and goods, payable to the bank account indicated. We reserve the right to offer purchase on account only after a successful credit check.

Cash payment upon collection
You pay the invoice amount in cash when collecting the goods.

6. Right of withdrawal

You are entitled to the statutory right of withdrawal, as described in the withdrawal instructions.

7. Retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following additionally applies: We retain ownership of the goods until all claims from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale — irrespective of a connection or mixing of the reserved goods with a new item — are assigned to us in advance in the amount of the invoice value, and we accept this assignment. You remain authorized to collect the receivables, but we may also collect the receivables ourselves if you fail to meet your payment obligations. We will release the securities due to us at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, especially your warranty rights. However, you help us assert our own claims against the carrier or transport insurance.

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

9. Warranty and guarantees

9.1 Liability for defects

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

The following restrictions and limitations do not apply to claims arising from damages caused by us, our legal representatives, or agents

  • in case of injury to life, body, or health
  • in case of intentional or grossly negligent breach of duty and fraud
  • in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, if agreed, or
  • insofar as the scope of the Product Liability Act is opened.

Restrictions towards entrepreneurs

With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract apply as an agreement on the quality of the goods; we do not accept liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for defect claims for newly manufactured items is one year from the transfer of risk.

The statutory limitation periods for recourse claims under § 445a BGB remain unaffected.

Provisions for merchants

For merchants, the inspection and complaint obligations regulated in § 377 HGB apply. If you fail to make the notification specified therein, the goods shall be deemed approved, unless there is a defect that was not recognizable during inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and customer service

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

Customer service: You can reach us via e-mail. We usually respond within 24 HOURS. You will find the contact e-mail address or the contact form on the homepage / in the store.

10. Liability

For claims arising from damages caused by us, our legal representatives, or agents, we are always liable without limitation

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

In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives, or agents, liability is limited to the foreseeable damage at the time of contract conclusion, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Dispute resolution

The European Commission provides a platform for Online Dispute Resolution (ODR), which you can find here. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final provisions

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

GTC created with the Trusted Shops legal text generator