General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts concluded between you and us as the supplier (OLI Lacke GmbH) via the website oli-lacke.de, unless the parties agree otherwise in writing. Deviating or conflicting terms and conditions shall apply only with our express consent.

(2) We offer our products for sale only to natural or legal persons or partnerships with legal capacity acting in the exercise of their commercial or independent professional activities when concluding the transaction (entrepreneurs). The conclusion of contracts with consumers is excluded.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods. The essential characteristics of the goods are set out in the respective product offer.

(2) By listing a product on our website, we make a binding offer to conclude a contract via the online shopping cart system on the terms stated in the respective product offer.

(3) The contract is concluded via the online shopping cart system as follows: The goods you wish to purchase are placed in the "shopping cart". You can access the "shopping cart" at any time using the corresponding button in the navigation bar and make changes there. After clicking "Checkout" or "Proceed to order" (or a similarly labelled button) and entering your personal details and the payment and shipping information, your order details will be displayed in an order summary. If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay or Sofort) as your payment method, you will either be directed to the order summary page in our online shop or redirected to the instant payment provider’s website. If you are redirected to the provider, make the relevant selections or enter the required details there. The order details will then be displayed either on the provider’s website or, after you have been redirected back to our online shop, in the order summary. Before submitting your order, you can review and change the information in the order summary (including by using your browser’s back function) or cancel the order. By clicking the relevant button to submit your order, you legally accept our offer, thereby concluding the contract.

(4) Furthermore, you can submit a binding offer (order) by telephone, email, fax or post. We accept your offer (and thereby conclude the contract) immediately in the case of a telephone order or, at the latest, within five days by confirmation in text form (e.g. email) confirming that the order will be fulfilled or the goods dispatched (order confirmation). If you do not receive such confirmation within this period, you are no longer bound by your order. Any payments already made will be refunded without delay.

(5) Upon request, we will prepare an individual offer and send it to you in text form. We shall remain bound by that offer for five days, unless a different period is specified in the offer. You may accept the offer by confirming it in text form.

(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct and that you are technically able to receive emails.

§ 3 Prices, payment terms and shipping costs

(1) The prices and shipping costs stated in the respective offers are net amounts and do not include statutory VAT.

(2) Shipping costs are not included in the purchase price and are charged separately unless free shipping has been offered. Further details can be found via the corresponding link on our website or in the respective offer.

(3) The available payment methods are shown via the corresponding link on our website or in the respective offer. Unless a different payment period is specified for a particular payment method or on the invoice, payment is due immediately upon conclusion of the contract. Cash discounts may be deducted only if expressly stated in the respective offer or invoice.

§ 4 Delivery conditions

(1) The estimated delivery period is stated in the respective offer. Delivery dates and delivery periods are binding only if confirmed by us in writing. If payment is made in advance by bank transfer, the goods will be dispatched only after we have received the full purchase price and shipping costs.

(2) If a product you have ordered is unexpectedly unavailable for reasons beyond our control, despite our having entered into an appropriate procurement contract in good time, we will inform you of its unavailability without delay. If the contract is terminated as a result, any payments already made will be refunded without delay.

(3) The goods are shipped at your risk. At your request, we will arrange appropriate transport insurance, the cost of which shall be borne by you.

(4) Partial deliveries are permitted and may be invoiced separately by us, provided this does not result in additional shipping costs for you.

§ 5 Warranty

(1) The limitation period for claims relating to defects is one year from delivery of the goods. This shortened period does not apply:

• to damage attributable to us arising from injury to life, body or health, or to other damage caused intentionally or through gross negligence;
• where we have fraudulently concealed a defect or provided a guarantee regarding the condition of the goods;
• to goods that have been used in a building in accordance with their customary purpose and have caused the building to be defective;
• to statutory rights of recourse that you may have against us in connection with claims relating to defects.

(2) Only our own statements and the manufacturer’s product description shall be deemed to constitute agreed characteristics of the goods, not other advertising, public promotional statements or statements made by the manufacturer.

(3) In the event of defects, we shall, at our discretion, remedy the defect by repair or replacement delivery. If the remedy fails, you may, at your discretion, demand a reduction in the purchase price or withdraw from the contract. A remedy is deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or defect or other circumstances indicate otherwise. In the case of repair, we are not required to bear additional costs resulting from the goods having been moved to a location other than the place of performance, unless moving them there corresponds to their intended use.

§ 6 Right of retention, retention of title

(1) You can exercise the right of retention only if it concerns claims from the same contract relationship.

(2) We retain ownership of the goods until all claims arising from the ongoing business relationship have been paid in full. Before ownership of goods subject to retention of title passes to you, they may not be pledged or transferred by way of security.

(3) You may resell the goods in the ordinary course of business. In that event, you hereby assign to us all claims arising from the resale up to the invoice amount, and we accept this assignment. You remain authorised to collect these claims. If you fail to meet your payment obligations properly, we reserve the right to collect the claims ourselves.

(4) If the goods subject to retention of title are combined or mixed with other goods, we shall acquire co-ownership of the resulting item in proportion to the invoice value of the goods subject to retention of title relative to that of the other goods at the time of processing.

(5) At your request, we undertake to release securities to the extent that their realisable value exceeds the claims secured by more than 10%. We shall determine which securities are to be released.

§ 7 Choice of law, place of fulfilment, jurisdiction

(1) German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance and place of jurisdiction shall be our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU.

II. Customer information

1. Supplier details

OLI Lacke GmbH
Bahnhofstr. 22
09244 Lichtenau
Germany
Telephone: 037208840
Email: shop24@oli-lacke.de

2. Information regarding the conclusion of the contract

The technical steps involved in concluding the contract, the conclusion of the contract itself and the available correction options are governed by § 2 of our General Terms and Conditions (Part I).

3. Contract language and storage of the contract text

3.1 The contract language is German.

3.2 We do not store the complete text of the contract. Before submitting an order or enquiry, you can print the contractual information using your browser’s print function or save it electronically.

These General Terms and Conditions and customer information were prepared by lawyers specialising in IT law at Händlerbund and are regularly reviewed for legal compliance. Händlerbund Management AG guarantees the legal reliability of the texts and assumes liability in the event of legal warning notices. Further information: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.