§ 1 Scope of application
These General Terms and Conditions (GTC) apply to all contracts concluded via our webshop ozonesystemsolutions.de. Unless otherwise agreed in writing, the inclusion of entrepreneurs used, own terms and conditions is contradicted. These only apply if these are expressly agreed in writing.
Our customers are both consumers and entrepreneurs. According to § 13 BGB (German Civil Code), a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. According to § 14 BGB, 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 independent professional activity.
§ 2 Contractual partners
Your contractor is:
OSS Ozone System Solutions GmbH & Co. KG
Orleshäuser Str. 65
Phone: +49 151 / 27160467
§ 3 Conclusion of contract
1. the subject of the contract is the sale of goods.
Already with the placement of the respective product in our web shop, we submit a binding offer to conclude a contract under the conditions specified in the item description. You accept this offer by placing your order. Thereby a contract is concluded.
The order or the acceptance of our offer takes place via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as selecting the payment and shipping conditions, all order data is finally displayed again on the order overview page. After you have clicked the button "Order with costs", you may be redirected to the website of the payment service provider, depending on the selected payment method. If you are redirected to the payment service provider, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page. Before sending the order you have the possibility to check all details again, to change them (also via the "back" function of the internet browser) or to cancel the purchase. By sending the order via the button "Order with costs" you declare the legally binding acceptance of our offer to purchase the goods.
The processing of the order and transmission of all information required in connection with the conclusion of the contract shall take place by email. You must ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 4 Terms of delivery
1. the delivery takes place on the dispatch way by one from us to to be assigned
Carrier. We deliver to the shipping address you specified when placing your order. If you have selected "PayPal" as the payment method, the delivery address stored at "PayPal" is decisive. The delivery is free of shipping costs. Only express deliveries are subject to payment. A pickup of the goods is possible after prior consultation.
2. in the event that the transport company returns the goods to us because the
delivery has failed, you have to bear the costs for the unsuccessful shipment. This does not apply if you exercise a right of revocation to which you are entitled by refusing acceptance or if you are prevented from accepting the goods and were not informed by us in advance and in good time about the performance.
3. you shall bear the risk of accidental loss or accidental deterioration of the
goods from the time of handover to you or a person authorised to receive the goods. Insofar as you have
If you have purchased goods as an entrepreneur, the risk of accidental loss and accidental deterioration shall pass to you from the time of delivery of the goods at our place of business to the transport company commissioned by us.
Consumers are asked to report goods with obvious transport damage immediately to the carrier. Please also contact us immediately. Failure to comply with the above request has no consequences for you. However, they help us to be able to assert our own claims against the supplier.
§ 5 Prices and methods of payment
(1) The prices quoted are final prices and include the applicable statutory value-added tax and other price components.
If further costs are incurred for shipping, delivery or due to the selected payment method, this will be indicated under the sub-item Shipping/Deliveries/Payments directly below the price information.
The payment methods offered by us are: Prepayment, cash on delivery, credit card, SEPA direct debit, PayPal and invoice.
Please note that in the case of advance payment, the goods will only be delivered after the purchase price has been credited to our account.
§ 6 Retention of title
(1) In the case of contracts with consumers, the goods shall remain our property until the purchase price has been paid in full.
(2) In the case of contracts with entrepreneurs, the goods shall remain our property until all claims arising from the current business relationship have been paid in full.
§ 7 Warranty and liability
The warranty period for new goods is 24 months for consumers and 12 months for entrepreneurs. In the case of used goods, which are also marked as such in the item description, the warranty period vis-à-vis consumers is 12 months. The warranty for used goods is excluded for entrepreneurs. The warranty is also subject to the restrictions of the following paragraphs 2-5.
2. claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.
In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
4. the restrictions of paragraphs 2 and 3 also apply in favour of the legal representatives and vicarious agents of the seller, if claims are asserted directly against them.
5 The provisions of the Product Liability Act shall remain unaffected, as shall any claims arising from a guarantee given by the Seller or a third party for the quality of the item or for the item retaining a certain quality for a certain period of time.
§ 8 Applicable law / place of jurisdiction / written form
(1) The law of the Federal Republic of Germany shall apply to all legal transactions.
International sales law shall not apply unless the contract of sale is concluded with a
consumer and this choice of law deprives him of mandatory provisions of the country in which he has his habitual residence which serve to protect him.
2. in business transactions with a merchant and with legal entities of the public sector
shall be the exclusive place of jurisdiction for all disputes arising from the contract.
the place of business of the seller is agreed for all legal disputes. The same applies in the event that the
merchant or legal person under public law does not have a general place of jurisdiction in
Germany or the EU or that the place of residence or business is unknown at the time the action is brought. The seller's option to sue the buyer at another legal place of jurisdiction remains unaffected.
For entrepreneurs, changes or additions to these GTC must be made in writing to be effective. This also applies to the amendment of the above written form clause.
§ 9 Further customer information
1. identity of the company
The details of the seller are regulated in § 2.
2. essential characteristics of the goods or services
The essential characteristics of the goods or services are set out in the respective product description.
3 Prices, delivery, payment
Regulations on the price and payment of the goods can be found in § 5. Delivery is regulated in § 4.
4. conclusion of contract
The conclusion of the contract is governed by § 3.
5. technical processing of the conclusion of the contract
The contract is concluded, as described in § 3, by offer and acceptance of the offer.
6. correcting input errors
The customer can correct input errors in the order form using the computer keyboard and mouse functions before sending the order.
7. right of withdrawal
The instruction about a right of withdrawal can be found on our offer page under the section "Right of withdrawal or return" or the corresponding link in our webshop.
8. storage of the contract text
The contract text is stored with us.
9. language available
The German language is available for the conclusion of the contract.