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Terms and Conditions - Consumer Information

§ 1 Scope of Application, Definitions

(1) The following General Terms and Conditions (GTC) shall apply to all contracts concluded between

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

and our 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 within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their trade, business or independent professional activity (§ 14 German Civil Code – BGB).

(4) 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 rather a non-binding invitation to place an order.

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

(3) Confirmation of receipt of the order is sent automatically by e-mail and does not yet constitute acceptance of the offer.

(4) The purchase contract is concluded only when we accept the order by means of a separate e-mail (order confirmation), dispatch the goods, or confirm dispatch by means of a shipping confirmation.

(5) In the case of orders placed by telephone or in writing, 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) Additional shipping costs may apply. Any shipping costs are displayed separately during the ordering process.

§ 4 Payment Terms

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

  • Advance payment (bank transfer)

  • PayPal

  • PayPal Checkout (including credit card, Apple Pay and Google Pay)

  • Purchase on account via PayPal (Ratepay)

  • Cash on delivery (if offered)

(2) If PayPal is selected, payment processing is carried out by 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 and/or its partner Ratepay. The additional terms and conditions of the respective payment service provider shall apply.

(4) Payment shall become due in accordance with the selected payment method and the applicable payment terms specified therein.

§ 5 Delivery and Shipping

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

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

(3) If a product is unavailable, we shall inform the customer without undue delay.

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

§ 6 Transfer of Risk

(1) In the case of consumers, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer only upon delivery of the goods.

(2) In the case of entrepreneurs, the risk shall pass upon handover of the goods to the shipping company.

§ 7 Retention of Title

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

§ 8 Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal.

The withdrawal policy and the withdrawal form are available at any time in the online shop via the appropriately designated links “Withdrawal Policy” and “Withdrawal Form” in the footer.

§ 9 Liability for Defects (Warranty)

The statutory provisions regarding liability for defects shall apply.

§ 10 Liability

(1) We shall be liable without limitation for damages resulting from injury to life, body or health.

(2) For all 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, but only for foreseeable damages typical of the contract.

(4) Liability under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

§ 11 Place of Jurisdiction (Business Customers Only)

For all disputes arising from contractual relationships with merchants, legal entities under public law, or special funds under public law, the place of jurisdiction shall be our registered place of business.

§ 12 Storage of Contract Text

We store the contract text and send the customer the order details together with these GTC by e-mail. Registered customers may view their orders within their customer account.

§ 13 Final Provisions

Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.