The following Terms of Service apply to all direct orders as well as orders made at the online shop of:
OXY4 GmbH, Strandstrasse 15, 18233 Am Salzhaff, Germany
CEO: Niels A. Schuldt
Our offer is aimed exclusively at business customers in the B2B sector and at public institutions.
This website is operated by OXY4 GmbH. Throughout the site, the terms “we”, “us”, “our”, and “OXY4” refer to OXY4 GmbH. OXY4 offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – SCOPE OF ONLINE STORE TERMS
(1) By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
(2) Contract language is German. English texts are for general customer information only.
SECTION 2 – CONCLUSION AND GENERAL CONDITIONS
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button “Buy” (or similar) you are making a binding purchase offer (German law § 145 BGB). After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the acknowledgment of receipt alone. A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer or if we ship the goods to you without prior express acceptance.
(3) We reserve the right to refuse service to anyone for any reason at any time.
(4) You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
(5) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – PRICES
(1) The prices stated on the product pages do NOT include the statutory sales tax and other price components and are exclusive of the respective shipping costs and, if applicable, plus value added tax.
(2) Prices for our products are subject to change without notice.
(3) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
(1) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – PAYMENT TERMS AND DELAY OF PAYMENT
(1) Payment is made exclusively via Paypal when ordering via our webshop.
(2) For direct orders with us: If you default on a payment, you are obliged to pay the statutory default interest in the amount of 9 percentage points above the base lending rate.
(3) You are only entitled to offset if your counterclaim has been legally established or is not disputed by us. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
SECTION 6 – PRODUCTS OR SERVICES
(1) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
(2) We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
(3) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 7 – DELIVERY AND RETENTION OF TITLE
(1) Unless otherwise agreed, the delivery of the goods takes place at your request from our warehouse to the address specified by you.
(2) We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship.
(3) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves. In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing. We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
SECTION 8 – WARRANTY AND LIABILITY
(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the purchase right (German law §§ 433 ff. BGB) with the following modifications:
– You are obliged to examine the goods with due care for quality and quantity deviations and to notify us of obvious defects immediately after receipt of the goods. This also applies to later discovered hidden defects from discovery. In the event of a breach of the obligation to examine and to give notice of defects, the assertion of the warranty claims is excluded.
– In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
(2) Unlimited liability: We are fully liable for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, limb and health of persons.
(3) In addition, the following limited liability shall apply: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance, you can regularly rely (cardinal duty). The liability for slight negligence is limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
(4) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
(5) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
(6) In no case shall OXY4, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
(1) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can contact you as needed.
SECTION 10 – THIRD-PARTY LINKS
(1) Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
(1) Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
(2) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
(1) In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – INDEMNIFICATION
(1) You agree to indemnify, defend and hold harmless OXY4 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 – SEVERABILITY
(1) In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
(1) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
(2) These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
(3) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 – ENTIRE AGREEMENT
(1) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
(2) These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
(3) Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – GOVERNING LAW
(1) These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
SECTION 18 – CHANGES TO TERMS OF SERVICE
(1) You can review the most current version of the Terms of Service at any time at this page.
(2) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or by calling us: +49 (0) 38294 330060.
Reference source: partly Shopify Inc. / partly Bundesverband E-Commerce und Versandhandel Deutschland e.V.