§ 1 Scope of application
The following General Terms and Conditions (GTC) shall apply to the relationship between OM Digital Solutions GmbH - UK Branch, registered in England and Wales with registration number FC037938 and registered office (UK establishment) at 16 Upper Wolburn Place, London, WC1F 0AF and VAT number GB 373997631 , (hereinafter: "OM Digital Solutions", "we", "us") and you (hereinafter: "you" or "the buyer") when you purchase the product(s) from OM Digital Solutions online shop.
Deviating terms and conditions shall only be accepted by OM Digital Solutions if we have agreed to their applicability in writing.
You can contact OM Digital Solutions by email at email@example.com.
§ 2 Conclusion of contract
Orders may exclusively be placed online via the OM Digital Solutions Shop website at https://explore.omsystem.com. Before submitting the order, you can view and change the products at any time. You make a binding offer to enter into a contract with us as soon as you click on the "buy now" button. However, the order can only be sent and transmitted if you confirm acceptance of these GTC by ticking the corresponding checkbox. You have the option of reviewing the contractual provisions including the GTC before completing the order process and saving them in a reproducible form.
We confirm receipt of an order from you by sending an e-mail in which we confirm receipt and list the contents thereof (order acknowledgment). This order acknowledgement does not constitute an acceptance of the offer, but is only intended to inform you that the order has been received by us. The contract shall only be concluded upon the submission of the declaration of acceptance by OM Digital Solutions, which shall be sent with a separate e-mail and itemised list of product(s) (order confirmation), at the latest upon dispatch of the goods. At this point, payment will be taken from your account for the product(s) set out in the order confirmation and for any related delivery charges. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, the GTC and the order confirmation) will be sent by us to the buyer on a durable data carrier (e-mail or paper printout) (contract confirmation).
The text of the contract will not be stored by us for retrieval by the buyer after completion of the order process. However, you can print or save the contract confirmation once you have received it from us.
Unfortunately, we do not allow you to make changes to your order once this has been submitted. If you want to make a change to your order then you will need to end the contract (see section 3 – rights of cancellation) and then re-order.
The sales offer of OM Digital Solutions is not directed at minors and you may only make an order from our website if you are 18 years or older. Even our products intended for children may only be purchased by adults.
For the avoidance of doubt, our Online Store is dedicated to consumers. If you are a business, please, mind that we do not issue VAT invoices to our customers buying through our Online B2C Store, therefore, as a business, you will not be able to claim the VAT back.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
The contract is concluded in the English language.
§ 3 Right of cancellation
As a consumer, you have a right of cancellation of the contract as indicated in this section 3. For the avoidance of doubt, a consumer is a natural person acting for purposes that are wholly or mainly outside that person’s trade, business, craft or profession.
Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day on which you or a third party named by you, who is not the carrier, has taken physical possession of the last goods in the order.
To exercise your right to cancel, you must inform us, OM Digital Solutions GmbH - UK BRANCH, by e-mail at firstname.lastname@example.org of your decision to cancel this contract by a clear statement. You may use the attached model cancellation form for this purpose, which is, however, not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel at any time before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days after the day on which we receive back from you any goods supplied, or (if earlier) 14 days after the day you provide evidence that you have returned the goods. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
However, this right of cancellation does not apply to:
sealed products that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery; or
Sound or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
END OF CANCELLATION INSTRUCTIONS
Sample cancellation form
(If you wish to cancel the contract, please fill in this form and send it back to us).
To: OM Digital Solutions GmbH – UK Branch, E-Mail email@example.com
I/We (*) hereby give notice that I/We cancel my/our contract of sale of the following goods (*)/the provision of the following services(*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
§ 4 Prices
The price of a product shown on the website is understood as including value-added tax but excluding shipping costs, bank and credit card charges (if nothing further has been stated).
The price stated on the order confirmation is the final price and includes all taxes (including value-added tax). This price includes the price of the product plus any shipment and dispatch costs, bank fees or charges that are due when paying by credit card.
§ 5 Delivery
Delivery takes place exclusively within United Kingdom. The cost of delivery will be as displayed to you in the order confirmation.
If no deviating delivery time is specified for the respective goods in our online shop, the delivery period is 14 days. Delivery times stated by us are calculated from the time we accept your order and the contract between us comes into existence.
Should the buyer's choice of product not be available at the time an order is placed, OM Digital Solutions shall immediately inform the buyer thereof in the order confirmation. If the product is permanently not available, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
If the product chosen by the buyer in the order is only temporarily unavailable, we shall also inform the buyer of this immediately in the order confirmation.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. You have legal rights if we deliver any goods late.
§ 6 Terms of payment
All payments shall become due upon conclusion of the contract. OM Digital Solutions reserves the right to assign its claim for payment against the buyer, including all associated rights, to third parties. In principle, we offer the payment methods described below, but we reserve the right - depending on the result of the credit check - to offer you only certain payment methods for your order.
1. PayPal payments:
When using the PayPal payment method, you pay directly via your PayPal account or by direct debit. After submitting your order, you will be redirected to the PayPal website where you can access your account and release the payment in the amount of the order value. Once our PayPal account has been informed about your authorisation of the payment, the shipment will take place according to the respective stated delivery time.
2. Adyen payment methods:
When using a payment method that we offer through our payment service provider Adyen, payment data may be collected by Adyen. The use of an Adyen payment method does not create a contract between Adyen and the buyer. OM Digital Solutions' claims against the orderer are assigned to Adyen and the buyer is entitled to make payments to Adyen with debt-discharging effect.
Credit card payment: When using the credit card payment method (Visa and Mastercard), you will be redirected to our payment service provider Adyen. There, you will pay directly by entering your credit card details. After submitting your order and entering your credit card details, your credit card will be charged directly.
3. Klarna payments:
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following additional payment options.
Purchase on account: Klarna purchase on account is only available to consumers, and payment must be made to Klarna. When buying on account with Klarna, you receive the goods first and have a payment period of 14 days. You will receive more information about the Klarna purchase on account during the ordering process. The use of this payment method requires a positive credit check.
Instalment purchase: The Klarna instalment purchase is only available to consumers, and payment must be made to Klarna. With the Klarna financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount or under the conditions otherwise specified during the ordering process. The use of this payment method requires a positive credit check.
Sofort: After placing the order, you will be redirected to the website of the online provider Klarna. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort, identify yourself accordingly and confirm the payment instruction to us. The payment transaction will be carried out immediately afterwards and your account will be debited.
§ 7 Offsetting, retention
In case the buyer is not a consumer, the buyer shall only have a right of set-off if the counterclaim has been determined by a court or is undisputed. However, it shall also be entitled to set-off against OM Digital Solutions' claims if it asserts notices of defects or counterclaims arising from the same purchase contract. The buyer is only entitled to exercise a right of retention if the counterclaim is based on the same contractual relationship.
§ 8 Retention of title
The product(s) remain the property of OM Digital Solutions until full payment has been made by you to us.
§ 9 Your rights under warranty
Legal warranty rights apply to all products purchased in the OM Digital Solutions Online Shop. We are under a legal duty to supply products that are in conformity with this contract and nothing in these terms shall affect your legal rights. For detailed information on your statutory rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Any additionally granted commercial warranty shall be in addition to the consumer's (free-of-charge) statutory warranty rights in the event of defects. Details of the scope of such commercial warranties are set out in the respective warranty conditions, which are enclosed with the product(s) or which are available on our website and which are made available to the buyer by e-mail or as a printout at the latest upon delivery.
If you wish to exercise your legal warranty rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org for a return label or to arrange collection.
§ 10 Liability
If you are a consumer, OM Digital Solutions shall be liable to you for loss or damage you suffer that is a foreseeable result of us breaking this contract or failing to use reasonable skill and care, but it shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both OM Digital Solutions and you knew it might happen, for example, it was discussed between us during the sales process.
OM Digital Solutions does not exclude or limit in any way our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for faulty products under the Consumer Protection Act 1987.OM Digital Solutions is not liable for business losses. If you use the products for any commercial, business or re-sale purpose, OM Digital Solutions shall have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or other consequential losses.
§ 11 Governing law and dispute resolution
The law of England and Wales shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and your habitual residence is in another country at the time of your order, mandatory legal provisions of this country shall remain applicable and unaffected by the choice of law made in this section 11.
The place of jurisdiction is London, United Kingdom, if the buyer is not a consumer. If you are a consumer, you are entitled to bring proceedings before the courts in your country of residence.
§ 12 Contact us
You may contact us directly by e-mail (email@example.com) for further information.