General Terms & Conditions

1. General - Validity

The following General Terms & Conditions apply to all business relations between customers of underwear-shopping.de and OHB Thalheim e.K. (shop operator). The conditions apply to the purchase of all products that are offered in this online shop.
 
A consumer is considered a customer pursuant to § 13 BGB.

2. Conclusion of Contract

The display of products in our online shop does not construe a legal binding offer, but a non-binding online catalogue. Through the clicking of the "Order" button, you send a binding order of the products in the shopping cart. The confirmation of the receipt of your order takes place together with the acceptance of the order directly after the sending through an automatic e-mail. The purchase contract comes into effect with this e-mail confirmation. In the course of this, the purchase contract right pursuant to § 433 BGB applies.

We save the contract text and send the order details and our General Terms & Conditions to our customers per e-mail. The General Terms & Conditions can be viewed at any time at this internet address. Past orders can be viewed in the customer log-in area.

We are required to promptly inform the customer if we do not accept the order. You can print the order details immediately after the sending.

We are authorized, after verifying the customer's credit rating, to reject the order.

3. Legal Right of Withdrawal for Consumers

You can withdraw from the contract within 2 weeks without the indication of reasons in written form (e.g. letter or e-mail) or through the return of the goods.

The period begins on the day of the receipt of the cancellation instructions in written form or the goods, as well as the receipt of all information obligations in distant selling and eCommerce. The timely sending of the withdrawal or the products is enough for ensuring the cancellation period. The withdrawal or the return should be sent to: OHB Thalheim e.K., Friedrichstraße 26 B, 09380 Thalheim or per e-mail at: service@underwear-shopping.de

Cancellation Consequences:
In case of a valid cancellation, the services provided by both sides are returned and the usages drawn (e.g. interest) are to be released. If you cannot return the services received in full, partially or only in a bad state, we must apply for a compensation. This does not apply for the surrender of goods if the degradation of the goods can be explicitly proved - that their state can be traced back to that - of how they can be found in a shop. You can avoid the obligatory compensation by not using the goods as your own property and forbear everything that affects their value.

Deliverable goods are to be returned. Non-deliverable goods will be collected from you. You will incur the return costs if the ordered goods being delivered and the price of the returned goods does not exceed 40 Euros, or, if the price is higher, you still did not perform a return service or a contractually agreed part-payment at the time of the cancellation. In any other case, the return delivery is free of charge for you. Obligations for the refunding of payments must be fulfilled within 30 days after the delivery of your cancellation declaration.
 
Notices:
I) We request our customers to avoid freight-forward returns of goods within the framework of their cancellation rights.
II) A cancellation right is not applicable if the goods have been manufactured based on the customer specifications or have been designed uniquely for your personal requirements , or the goods are not eligible for a return due to their conditions.
III) After receipt and verification of the products returned, our customers will have the purchase price refunded. This occurs within 10 working days after the return of goods.

End of Cancellation Instructions.

4. Delivery

We give concrete delivery date details regarding the products listed in our online shop. As long as nothing different is agreed, the delivery is done from the underwear-shopping.de warehouse to the shipping address supplied by the customer. We are authorized for part-shipment and part-servicing.  

In case of delivery and service delays due to force majeure and events that make the delivery considerably difficult or impossible, such as strikes, lockouts, official directives, and false and delayed supplies from suppliers, we also can do nothing to substitute even by binding and agreed periods and dates. You authorize us to postpone deliveries and sverices for the duration of the impediment plus an adequate lead time, or to withdraw from the contract in full or in part due to the unfulfilled part. If the impediment is longer than 30 days, the customer is authorized, with regard to the unfulfilled part, to withdraw from the contract. If the delivery period is prolonged or we become free from our obligations, then the customer cannot claim for damages. We can only be called upon the mentioned circumstances if we notify the customer immediately. Therefore, our customers will be notified as quickly as possible in case an article is not deliverable (missing or false own supply). The equivalent will be refunded. The legal claims of the customer remain unaffected.
 
If the goods are delivered with apparent damage to the packaging or the content, we ask our customer to complain about the damages to the delivery partner and to the refute the acceptance, as well as to contact us as quickly as possible in order to preserve our rights vis-a-vis the transport company. The delivery through underwear-shopping.de is ensured through the transfer to the transport company. We can assert corresponding claims to the transport company in case of loss or damaging of the goods. Customers should report any hidden defects after their discovery so that we can hold our prelimary suppliers. The legal claims of the customer remain unaffected.

5. Delivery, Payment, Delay

The payment of the goods can be done per invoice, Paypal, cash in advance or cash on delivery.

We ship Europe-wide. All orders are free from shipping charges. 

The invoice is found within the package. In the case of gifts, the invoice can be sent to a different address. In this case the package will only contain the delivery note.
In order to avoid disputes, prices and payment conditions are clearly defined.
The prices on the ordering date are valid. In case of apparent errors, e.g. mistake or spelling mistake, we reserve the right to compute the correct price. In this case, our customers will receive an immediate right of withdrawal.
All prices are gross prices in EUR and include the sales tax of 19%.  
We reserve the right to exclude individual payment methods, even after the order. When paying with Paypal the goods are shipped immediately to our customers. If the payment is cash in advance, our customers receive an electronic message with the details of the amount to be paid and our bank details. The products ordered will be immediately shipped (according to availability) to our customers once we have the receipt of the payment on our account.
When paying by cash on delivery, our customers pay the amount in cash or cheque upon receipt of the goods, including all cash on delivery charges to the postmen or forwarders.
 
If the customer comes in default of payment, we are authorized, pursuant to § 288 BGB, to request default interest at a rate of 5% above the European Central Bank base interest rate p.a. If higher damages caused by delay can be proven, we are authorized to claim them.

6. Charging and Right of Retention

Our customers have the right to charge only if counterclaims can be determined legeally or recognized by us. The right of retention can be only exercised if the counterclaim is based on the same contract relationship.

7. Guarantee - Liability for Defects

In case of damage to products delivered by us and the handling of guarantee cases, we aim to find a solution that is quick and uncomplicated for both sides. We consider the legal regulations as good and enough for the discrepancies mentinoed below. The legal regulations are applicable.
 
We ask our customers to notify us in written form within two weeks after delivery on apparent mistakes of the goods. We grant a guarantee of two years from delivery of the goods for new products purchased. Our liability based on the product liability law remains hereof untouched.

8. Liability Limitations

If our customers incur damages that are related to our products, we aim to find a good solution. We hope that you can understand that our liability must be limited to a justifiable extent that is good for both sides. Therefore, our liability is limited, as well as that of our auxiliary agents, with regard to slight negligent breach of duty on predictable, contract-typical, direct average damages. We, and our auxiliary agents, are not liable for slight negligent breach of duty of obligations that are not vital to the contract, whereby their breach does not risk the execution of the contract. 
 
Therefore, we are not liable for damages that do not result on the delivered item; we are especially not liable for lost profits or for other damages to assets of the customer. The aforementioned liability limitations do not affect the claims from product liability or warranty. Furthermore, the liability limitations are not valid to bodily or health damages attributed to us, or by loss of life as well as gross negligence or intention from the side on underwear-shopping.de.
 
We are liable for our own content on the pages of our online shop. As far as we enable access to other websites through links, we are not responsible for the content of those third-party sites. We do not consider the third-party content as our own. Provided that we have received knowledge of illegal content on external websites, we will immediately remove the access to these sites.

9. Retention of Title

The goods remain the property of OHB THalheim e.K. till they are fully paid.
 
With regard to third-party compulsory enforcement measures for reserved goods, our customers must send immediately the required documents that are required for an intervention. This also applies to detractions of any kind. Independent of this, our customers must notify the enforcement officer on the existing rights of the goods.

10. Data Protection

We take the handling of personal information very seriously, and collect, process, and use the recorded customer details based on the applicable law.

The indication of personal details in case of an order and for contacting us is required.  Furthermore, we require personal details for the execution of the delivery, for credit-checks and for the processing of payments. Pursuant to § 11 BDSG, this data can be forwared to authorized agents and business partners chosen diligently, for reasons such as credit-checks.
 
We also use the information in order to communicate with our customers with regard to orders, products, services and marketing offers, as well as to update our records and maintain the customer accounts. Furthermore, we use the data to improve our shop and prevent misuse of our shop.

We access current information from Schufa Holding AG, Hagenauer Str. 44, 65203 Wiesbaden for credit-checks.

 
All data is handled with strict confidentiality. Our customers  have the right to withdraw their acceptrance to use their data at any time taking into effect in the future. This can be done any time through a formless message to OHB Thalheim e.K., Friedrichstraße 26 B, 09380 Thalheim or per e-mail to  datenschutz@underwear-shopping.de.  We are obliged  to delete all personal data immediately in case of a withdrawal. 

11. Final Clauses

The validity of UN sales law will be excluded, only German law applies. If individual clauses of this General Terms & Conditions, and/or the contract they supplment, are or become invalid, the validity of other clauses remains untouched. They remain effective for both parts. The ineffective regulation wird be replaced with the appropriate legal regulation. 

Questions?

Then contact us.
 
E-mail: service@underwear-shopping.de
Telephone: +493721/257438