Terms and Conditions - Consumer Information

§ 1 Scope of Application, Definitions

(1) These General Terms and Conditions (GTC) apply to all contracts concluded between

OHB Thalheim e.K.
Owner: Guido Bernhardt
Hufelandstraße 24
09366 Stollberg
Germany

and its customers via the online shop underwear-shopping.de.

(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 German Civil Code – BGB).

(3) An entrepreneur is a natural or legal person or a legal partnership acting in the course of their commercial or independent professional activity (§ 14 BGB).

(4) Any conflicting or deviating terms and conditions of the customer shall not be recognized unless we expressly agree to their validity.

(5) The contract language is German.

§ 2 Conclusion of Contract

(1) The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.

(2) By clicking the order button, the customer submits a binding offer to conclude a purchase contract.

(3) The confirmation of receipt of the order is sent automatically by email and does not yet constitute acceptance of the offer.

(4) The contract is concluded only when we accept the order by a separate email (order confirmation) or dispatch the goods or confirm dispatch by shipping confirmation.

(5) In the case of telephone or written orders, the contract is concluded when we expressly accept the offer.

§ 3 Prices and Shipping Costs

(1) All prices are final prices and include the applicable statutory value-added tax (VAT).

(2) In addition to the stated prices, shipping costs may apply. These are clearly indicated during the ordering process.

§ 4 Payment Terms

(1) Payment may be made using the following methods:

• Prepayment (bank transfer)
• PayPal
• PayPal Checkout (including credit card, Apple Pay, Google Pay)
• Purchase on account via PayPal (Ratepay)
• Cash on delivery (if offered)

(2) If PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A.

(3) If “purchase on account” is selected, payment processing is carried out via PayPal or its partner Ratepay. The terms and conditions of the respective payment service provider shall apply.

(4) The invoice amount is due immediately upon conclusion of the contract unless otherwise agreed.

§ 5 Delivery and Shipping

(1) Delivery is made to the delivery address specified by the customer.

(2) Deliveries are made within the delivery times indicated in the online shop.

(3) If a product is not available, the customer will be informed without undue delay.

(4) Partial deliveries are permitted if this is reasonable for the customer.

§ 6 Transfer of Risk

(1) For consumers, the risk of accidental loss or deterioration of the goods passes to the customer only upon delivery of the goods.

(2) For entrepreneurs, the risk passes upon handover of the goods to the shipping company.

§ 7 Retention of Title

The goods remain our property until full payment has been received.

§ 8 Right of Withdrawal

Consumers have a statutory right of withdrawal.

The cancellation policy and the withdrawal form can be accessed at any time in the online shop via the corresponding links (“Cancellation policy” and “Withdrawal form”) in the footer.

§ 9 Warranty (Liability for Defects)

The statutory warranty rights shall apply.

§ 10 Liability

(1) We shall be fully liable for damages resulting from injury to life, body, or health.

(2) For other damages, we shall be liable only in cases of intent or gross negligence.

(3) In the event of a breach of essential contractual obligations (cardinal obligations), we shall also be liable for slight negligence, limited to the foreseeable, typical contractual damage.

(4) Liability under the German Product Liability Act remains unaffected.

§ 11 Jurisdiction (for Entrepreneurs only)

For all disputes arising from contractual relationships with entrepreneurs, the place of jurisdiction is our registered office.

§ 12 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR):

https://ec.europa.eu/consumers/odr/

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

§ 13 Storage of Contract Text

We store the contract text and send the order data as well as these GTC to the customer by email. Registered customers can access their orders via their customer account.

§ 14 Final Provisions

Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.