General Terms of Business (AGB)

 

  1. SCOPE

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions of business, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

 

  1. CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT, POSSIBILITIES OF CORRECTION

The purchase contract is concluded with OSS Ozone System Solutions GmbH & Co. KG.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive another confirmation by e-mail.

 

  1. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

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

We save the text of the contract and send you the order data and our GTC in text form. The contract text is no longer accessible via the Internet for security reasons.

 

  1. TERMS OF DELIVERY

We deliver free of shipping costs.

You have the option to pick up your order at Ronny Schreiber, Orleshäuser Str. 65, 63654 Büdingen, Germany during the following business hours: Monday to Friday from 8:00 am to 5:00 pm except on public holidays. Please inform us at least one working day before your collection so that we can provide the goods from our warehouse.

 

  1. PAYMENT

In our shop you can choose between the following payment methods:

Prepayment

If you choose payment in advance, we will give you 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 deliverer. There are no further costs for this.

Credit card

When placing the order, you provide your credit card details. Your card will be charged immediately after placing the order.

SEPA Direct Debit

By placing an order, you grant us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account shall be debited before the goods are dispatched.

PayPal

In order to pay the invoice amount via the payment service provider 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, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. You will receive further instructions in the order process.

Invoice

The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.

 

  1. RIGHT OF REVOCATION

You are entitled to the statutory right of cancellation as described in the cancellation policy.

 

Cancellation policy

 

Consumers have a thirty-day right of withdrawal.

 

Right of withdrawal

 

You have the right to cancel this contract within thirty days without giving any reason. The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

 

To exercise your right of withdrawal, you must send us (OSS Ozone System Solutions GmbH & Co. KG, Im Helgenhaus 12, 63654 Büdingen, Germany, Info@ozonesystemsolutions.de, Phone: 49 151 27160467) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.

 

In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

 

Consequences of revocation

 

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

 

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

 

Sample cancellation form

 

(If you wish to cancel the contract, please fill in and return this form).
- To OSS Ozone System Solutions GmbH & Co. KG, Im Helgenhaus 12, 63654 Büdingen, Germany, Info@ozonesystemsolutions.de
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following

Goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
- date
(*) Delete as applicable.

 

Deviating return costs regulation for Germany

We bear the direct costs of returning the goods if the return takes place within Germany.

 

Return labels

Without prejudice to your statutory rights, we will provide you with free return labels for your return within Germany. We will send you the return label by e-mail. You can drop off the return shipment at a parcel shop of the respective provider in Germany.

 

Cancellation policy created with the Trusted Shops [https://legal.trustedshops.com/] legal text editor in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].

 

  1. RESERVATION OF TITLE

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

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10 %.

 

  1. TRANSPORT DAMAGES

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

 

  1. WARRANTY AND GUARANTEES

Validity of the statutory liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

 * in case of injury to life, body or health

 * in case of intentional or grossly negligent breach of duty as well as fraudulent intent

 * in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations).

 * under a promise of guarantee, if agreed, or

 * as far as the scope of application of the product liability law is opened.

restrictions on consumers

The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

Restrictions vis-à-vis entrepreneurs

For entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations vis-à-vis merchants

Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

Guarantees and after sales service

Information on any additional warranties 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 our customer service for questions, complaints and claims on weekdays from 8:00 am to 4:00 pm under the telephone number 49151/27160467 and by e-mail at Info@ozonesystemsolutions.de.

 

  1. LIABILITY

For claims based on damage caused by us, our legal representatives or vicarious agents, our liability is always unlimited.

 * in case of injury to life, body or health,

 * in the event of intentional or grossly negligent breach of duty,

 * in the case of guarantee promises, if agreed, or

 * as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

 

  1. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

  1. FINAL PROVISIONS

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German 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 you and us shall be our registered office.

AGB created with the Trusted Shops [https://legal.trustedshops.com/] legal text editor in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].

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