W E B S H O P – G E N E R A L T E R M S A N D C O N D I T I O N S O F O L A N D O G M B H
Section 1 Subject matter and scope
- The following General Terms and Conditions (GTC) apply to the business relations between Olando GmbH, hereinafter referred to as “Olando”, and any customer who purchases merchandise through the online sales platform at https://shop.looping.studio (hereinafter referred to as “Looping Webshop”), hereinafter referred to as “Customer”.
- Merchandise within the meaning of these GTC refers to all products and services that can be purchased by placing an online order in the Looping Webshop.
- The GTC below do not apply to orders placed with Olando outside the Looping Webshop.
- Additions and amendments to these GTC and alternative terms and conditions of the Customer are only valid if and insofar as they are recognised by Olando. This also applies even if no express objection is made pertaining to the Customer’s business and/or delivery terms.
- A consumer within the meaning of the provisions set out below is any natural person who concludes a legal transaction for purposes that cannot be primarily associated with their commercial activities or with any work-related activities carried out in the context of their self-employment. An entrepreneur is any natural person or legal entity or partnership with legal capacity that concludes a legal transaction as part of their commercial activity or work-related activity carried out in the context of their self-employment.
Section 2 Conclusion of the contract
- The presentation of merchandise in the Looping Webshop does not constitute a binding offer to conclude a sales contract.
- Olando reserves the right to only supply merchandise in customary household quantities.
- By placing an order — i.e. by clicking the “Buy now” button — you are making a binding offer of purchase. Olando will automatically e-mail you a confirmation of receipt that will also serve as an additional record of your order. This automatic confirmation of receipt merely confirms that Olando has received your order; it does not constitute acceptance of your offer.
- Depending on the payment method chosen, Olando reserves the right to review the payment information you provide (i.e. your chosen payment method, its validity and your credit standing) in relation to the value of your order and to decline orders depending on the result of the review.
- The contract with Olando will only be concluded when Olando sends you a separate e-mail confirming that your order has been shipped. The acceptance deadline will be no more than 7 calendar days.
- Should it be impossible to deliver any of the merchandise you ordered, for example, because the item in question is out of stock, Olando will withhold its declaration of acceptance. No contract will be concluded in this case. We will promptly notify you of these circumstances and promptly refund any payment already received.
- The contract and any correspondence relating to the contract will be written in German or English.
- We will store your order data as specified by law.
Should you lose any of the documents pertaining to your order, please e-mail us at email@example.com. We will gladly send you a copy of the order data we have on record.
Section 3 Consumer cancellation right and agreement regarding payment of costs
(1) If you are a consumer, you have the following cancellation right when making a purchase in the Looping Webshop:
– Cancellation policy –
You have the right to cancel this contract within fourteen days without giving a reason. The cancellation deadline is fourteen days from the day on which you or a third party named by you, who may not be the transporter, take(s) possession of the last remaining items in the order.
Sample cancellation form
If you decide to cancel the contract, you can do so by sending us a clear declaration of your intention, e.g. by e-mailing us at firstname.lastname@example.org. You may formulate your notice of cancellation yourself or use the sample cancellation form provided below; however, this is not mandatory.
Pranner Straße 11
– I/we (*) hereby cancel the contract concluded by me/us (*) with regard to the purchase of the following merchandise (*) / the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if notice is given as a hard copy)
In order to comply with the cancellation deadline, it is sufficient if you notify us of your intention to exercise your cancellation right before the deadline expires.
Consequences of cancellation
If you cancel this contract, we will be obliged to promptly refund all the payments we have received from you, including delivery costs (except for the additional costs incurred if you chose a form of delivery other than our least expensive, standard delivery option), and to do so no later than fourteen days from the day on which we receive your notice of cancellation of this contract. Unless expressly agreed otherwise, refunds will be issued using the payment method you chose for the original transaction; under no circumstances will you be charged fees as a result of this refund. We may refuse to issue the refund until the merchandise has been returned to us or until you furnish proof that you have returned the merchandise to us, whichever occurs sooner.
You are obliged to return the merchandise or hand it over to us without undue delay, and in any case, no later than fourteen days from the day on which you notified us of your intention to cancel the contract. In order to comply with this deadline, it is sufficient if you ship the merchandise before the fourteen-day deadline expires.
You will only be required to compensate us for any loss in value if this is caused by any handling of the merchandise other than that required when inspecting its condition, properties and functioning.
– End of cancellation policy –
(2) The cancellation right does not apply in the case of distance contracts
(a) relating to the supply of merchandise which was manufactured in accordance with customer specifications, which is clearly tailored to the customer’s requirements, or which due to its nature is not suitable for return,
(b) relating to the supply of audio or video recordings or software if you have broken the seal on the data carriers supplied.
Section 4 Return procedures
- For purposes of simplification, we at Olando require you to send us an e-mail requesting a return slip and, once you have received it (also by e-mail), to use it when you return your merchandise. Returns must be sent to the address provided on the slip. The acceptance of returned merchandise does not constitute acknowledgement of any complaint.
- Please note that if the merchandise has deteriorated, you may be obliged to compensate us for the loss in value. You can avoid incurring any obligation to compensate us for any such loss in value by desisting from any activity that could impair the value of the merchandise and refraining from using it as if it were your own property. Otherwise, you should only test or inspect the merchandise in a way that would also be possible in a retail outlet.
- Please note that product packaging such as protective bags for jewellery or high-quality cartons for printed material constitute part of the merchandise ordered. If this packaging is not returned together with the merchandise, this may cause the merchandise to deteriorate significantly. In such cases, Olando reserves the right to request the return of the packaging or to claim compensation for the loss in value.
Section 5 Retention of title
The merchandise remains the property of Olando until it has been paid for in full.
Section 6 Delivery
- Olando delivers merchandise all over the world.
- You will find information on delivery times on the product page. Please note it can take up 12 weeks.
Section 7 Prices / delivery costs
- The prices valid at the time the order was placed apply.
- All prices quoted in the Looping Webshop are end-user prices; they include statutory value added tax (currently 19% or 7%) but do not include delivery charges.
- You will find information on service charges and shipping costs on the order page. They are also quoted in the order form.
- Please note that additional customs duties may be payable on shipments to countries that are not members of the European Union. For “My Ring” this may also be the case within the European Union, as our manufacturer is located in Switzerland.
Section 8 Payment terms, payment methods
(1) You can pay by credit card or PayPal. The time at which the payment is made/charged will vary depending on the payment method chosen:
Payment by credit card: your credit card will be charged when you place your order.
Payment by PayPal: your PayPal account will be charged when you place your order.
(2) Unless otherwise agreed, the purchase price is payable immediately upon conclusion of the contract. In the event of default on payment, Olando is entitled to charge default interest at a rate 5 percent higher than the annual base rate published by the European Central Bank. Olando may additionally claim compensation if it is able to prove that higher damages were incurred as a result of the default on payment.
Section 9 Warranty
Olando is liable for material and legal defects as specified in the applicable legislation, particularly in sections 434 ff. BGB (German Civil Code). According to section 438 par. 1 no. 3 BGB, the limitation period is two years and begins when the merchandise is delivered.
Section 10 Arbitration
Online dispute resolution pursuant to Art. 14 par. 1 ODR-VO (Online Dispute Resolution Ordinance): the European Commission provides an online dispute resolution platform (ODR) which you can access at http://ec.europa.eu/consumers/odr/.
Olando is willing to take part in dispute resolution proceedings held by a consumer dispute resolution body.
Section 11 Copyright
The content and structure of the Looping Webshop and of other websites operated by Olando are protected by copyright. All texts, images, graphics and audio/video/animation files are protected by copyright law, trademark law and other laws regarding the protection of intellectual property. A number of web pages also contain images, graphics and audio/video/animation files the copyright, trademark rights and intellectual property rights of which are vested in the party who provided them. The protected materials may not be copied or otherwise used for non-private purposes, circulated, published elsewhere, duplicated, distributed, or used in any such way on another website, whether in the original or in a modified form and regardless of the medium, without first obtaining express written consent from Olando.
Section 11.1 Rights of Use
(1) All digital contents provided by the seller are protected by copyright.
(2) The customer acquires a simple, non-transferable Right of use exclusively for non-commercial use. The Customers are not granted any exploitation rights. In particular he may the acquired titles neither digitally nor in printed form, neither completely nor distribute in extracts (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or in other form to third parties. The right to Duplication (§ 16 UrhG) is limited to acts of reproduction, which serve exclusively for personal use.
(3) The granting of rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
(4) The user is not entitled to use copyright notices, trademarks or to remove other legal reservations from the goods.
(5) The Seller shall be entitled to download digital contents made available for with visible and invisible markings individually to personalize the investigation and legal prosecution of the the original customer in the event of misuse to enable.
(6) In case of unauthorized use of the digital contents by the buyer or a third party, the buyer undertakes to pay one of our to be determined at reasonable discretion and in case of dispute by the competent contractual penalty to be reviewed by the court for each act of infringement.
Section 12 Data protection
(1) Data protection
Section 13 Place of performance, place of jurisdiction, applicable law
- In cases where the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance for delivery and payment and the place of jurisdiction for all disputes between the parties is Hamburg. Furthermore, the place of jurisdiction also applies to persons other than those mentioned if the Customer has no general place of jurisdiction in Germany, if the Customer moves their domicile and/or place of business out of the country after the contract is concluded, or if their domicile and/or place of business or usual residence is unknown at the time at which any action is brought.
- The law of the Federal Republic of Germany applies. In the case of consumers, this choice of law only applies insofar as it does not result in the withdrawal of the protection afforded by mandatory provisions in the law of the country in which the consumer is habitually resident (favourability principle).
- The provisions in the UN Convention on the International Sale of Goods are hereby expressly excluded.
Provider and contract partner:
Pranner Straße 11
HRB 228436 Munich District Court
Managing directors: Dr. Robin Houcken, Dr. Dominik Wichmann
VAT no. DE308455711
Version: November 2019
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. Consumers may use this platform for the settlements of their disputes. We are in principle prepared to participate in an extrajudicial arbitration proceeding.