§ 1 Scope of application
The following General Terms and Conditions (GTC) in the version valid at the time of the order shall apply to the business relationship between OM Digital Solutions GmbH, Willy-Brandt-Strasse 23, 20457 Hamburg, Germany, registered in the Hamburg commercial register under number HRA 163550, VAT number DE334687531 (hereinafter: "OM Digital Solutions", "we", "us") and the buyer. Deviating terms and conditions of the buyer shall only be accepted by OM Digital Solutions if it has agreed to their applicability in writing.
§ 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, the buyer can view and change the data at any time. The buyer makes a binding offer to enter into a contract as soon as it clicks on the "buy now" button. However, the order can only be sent and transmitted if the buyer confirms acceptance of these GTC by ticking the corresponding checkbox. The buyer has the option of calling up the contractual provisions including the GTC before completing the order process and saving them in reproducible form. We confirm receipt of an order from the buyer by sending an e-mail in which we confirm receipt of the order and list the contents thereof (order confirmation). This order confirmation does not constitute an acceptance of the offer, but is only intended to inform the buyer 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 (order confirmation), at the latest, however, upon dispatch of the goods. 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. The contractual partner is OM Digital Solutions. The sales offer of OM Digital Solutions is not directed at minors. 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 withdrawal
Consumers have a right of withdrawal under the following conditions. A consumer is a natural person with whom a legal transaction is concluded primarily for a purpose that cannot be attributed to that person's commercial or self-employed activity.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us, OM Digital Solutions GmbH, e-mail firstname.lastname@example.org, phone number +351 239 910 250, of your decision to withdraw from this contract by an unequivocal statement (e.g. e-mail). You may use the attached model withdrawal form for this purpose, which is, however, not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse 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 from the day on which we are informed about your decision to withdraw from this contract. 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 withdrawal 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 withdrawal 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,
Sound or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
END OF WITHDRAWAL INSTRUCTIONS
Sample withdrawal form
(If you wish to withdraw from the contract, please fill in this form and send it back).
To: OM Digital Solutions GmbH, E-Mail email@example.com
I/We (*) hereby give notice that I/We withdraw from 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 countries of the EU.
If no or 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 of conclusion of the contract, provided that the purchase price has been paid in advance (except in the case of purchase on account).
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.
§ 6 Terms of payment
All payments shall become due upon conclusion of the contract. OM Digital Solutions reserves the right to assign its claim 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 PayPal where you release the payment in the amount of the order value. As soon as 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 orderer 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
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 goods remain the property of OM Digital Solutions until full payment has been made.
§ 9 Warranty
The statutory warranty rights apply to all products purchased in the OM Digital Solutions Online Shop.
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 products 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.
§ 10 Liability
10.1 No Other Liability. Subject to clause 10.3, we shall have no further liability to the buyer whether under these conditions of sale or on any other basis including liability in tort as a result of the sale of the goods.
10.2 Consequential Loss, etc.: Subject to Clause 10.3, we shall not under any circumstances be liable to the buyer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these conditions of sale, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of us, our employees or agents or otherwise, even if advised of the possibility of such damages.
10.3 Non-Excludable Liability. Nothing in this these conditions of sale shall exclude or limit the our liability for death or personal injury resulting from our negligence or any of our employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
§ 11 Information regarding Batteries and Electronic Devices
Information on the return and disposal of batteries and electronic devices can be found on our website at https://explore.omsystem.com.
§ 12 Governing law and dispute resolution
The law of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the buyer has placed the order as a consumer and has his habitual residence in another country at the time of his order, mandatory legal provisions of this country shall remain applicable and unaffected by the choice of law made in sentence 1.
The place of jurisdiction is Hamburg, Germany if the buyer is not a consumer.
With Regulation (EU) No. 524/2013, the European Commission has created a platform for the out-of-court settlement of disputes, which may be accessed at https://ec.europa.eu/consumers/odr/.
It is not compulsory for us to participate in this dispute resolution process and we reserve our right to assess this on a case by case basis.
You may contact our complaints office directly by e-mail (firstname.lastname@example.org) for further information.
In order to continue the ordering process, you have to accept these terms and conditions.