General Terms and Conditions
1. Scope
The following General Terms and Conditions (“T&C”) shall apply for all orders placed by consumers and entrepreneurs via our Online Shop.
A consumer is any natural person which concludes a legal transaction for a purpose that cannot be ascribed to a commercial or independent business activity. An entrepreneur is a natural or legal person or legally capable partnership who, for the sake of legal transactions, acts in execution of their commercial or independent business activity.
In case of entrepreneurs, these T&C also apply to future business relations, without the obligation to refer to them again for this purpose. If the entrepreneur uses contradicting or supplementary T&C, their validity is herewith explicitly rejected; they only become part of the contract if we expressly agree.
2. Contracting Parties, Conclusion of Contract
The purchase contract is concluded with
ONLEVEL GmbH
Budberger Straße 5
46446 Emmerich am Rhein
Germany
T: +49(0) 2822 975 14-37
E: info@onlevel.com
HRB Nr.: 14026
VAT nr.: DE305741703
By placing products in our Online Shop, we submit a binding offer upon the conclusion of a contract on these articles. Initially non-binding, you can put all the products you would like to order into your shopping cart. Your entries can be corrected any time before submitting your binding order by using the provided and explained help, embedded within the ordering process. The contract shall be deemed concluded by accepting the offer in the shopping cart after clicking on the Order button. Immediately after sending the order you will receive a confirmation by e-mail.
3. Contract Language, Contract Text Storage
The languages available for conclusion of the contract are German and English. We store the contract text and will send you the order details together with our T&C by e-mail. You can view the contract text in our customer log-in area.
4. Delivery Conditions
The indicated sales prices do not include shipping costs. For more information about the shipping costs, please see the offers.
5. Payment
In general, the following methods of payment are available in our Online Shop. If you have chosen PayPal as payment method, you must be registered or register accordingly in order to pay the invoice and log in with your access data. PayPal will conduct the payment transaction automatically immediately upon confirmation of the payment order. You will receive further information while ordering.
If you have chosen credit card as payment method, you must have one of the approved credit cards for paying the invoice. The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimation as the rightful cardholder by your credit card company at the request of PayPal and your card will be charged. You will receive further information while ordering. If you have chosen instant bank transfer as payment method, please choose the bank to carry out the transaction. For this purpose, please indicate IBAN, BIC, bank code, or the name of your bank. Then access your online banking account with your access data. The required information will be encrypted and sent to your bank. After having conducted the online bank transfer, we will receive a real time transaction confirmation and will proceed to ship the goods.
If you have chosen advance payment as payment method, we will provide our invoice data for payment. The goods will be shipped following receipt of payment.
For effecting payment via iDEAL, you must have an account with one of the participating banks in the Netherlands. If you choose this payment method, you are forwarded to the online banking page of the respective bank. A bank transfer via iDeal cannot be revoked.
6. Retention of Title
Unless fully paid, the goods shall remain our property. For entrepreneurs, the following applies additionally: We retain title to the goods until full settlement of all obligations resulting from our ongoing business relationship. You are entitled to resell the goods delivered under retention of title in the ordinary course of business; you assign all claims resulting from this resale in the amount of the invoice to us in advance – independently of a union or mixture of the goods under retention of title with new goods – and we accept this assignment. You shall remain entitled to collect the claims, however, we may also collect the claims ourselves if you do not meet your payment obligations.
6. Transport Damage
The following applies to consumers: If goods are delivered with apparent transport damage, please place a claim for these defects with the delivery agent immediately, if possible, and contact us without delay. The failure to file a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us validate our own claims against the carrier or claim transport insurance.
The following applies for entrepreneurs: The risk of accidental loss or accidental deterioration shall pass to you as soon as we have handed over the goods to the forwarder, the carrier, or other persons or institutions specified for shipping the goods. Among businessmen, the commercial inspection and defect notification requirement as laid down in Article 377 of the German Commercial Code (HGB) shall apply. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranties and Guarantees
The statutory liability for defects law shall apply. Information about additionally applicable guarantees and their precise conditions can be found next to the product or on distinct information pages in the Online Shop, if applicable.
9. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform for resolving their disputes.
We shall be obliged to participate in the dispute resolution proceedings before the Consumer Arbitration Board for resolving disputes resulting from a contractual relationship with a consumer or to determine whether such contractual relationship exists. The responsible authority is the Federal Universal Arbitration Board at the Centre for Arbitration (Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V.), Straßburger Straße 8, D-77694 Kehl am Rhein, Germany: www.universalschlichtungsstelle.de. We will take part in dispute resolution proceedings before this institution.
10. Final Provisions
German law applies excluding the UN sales law. For a businessman within the meaning of the Commercial Code, a legal entity under public law or special assets under public law, our place of business shall be the exclusive place of jurisdiction for all disputes resulting from the contractual relationships between you and us.
ONLEVEL, version dated from March 2020