Please read these terms and conditions carefully before using the ODE WEB STORE. This website is owned and operated by ODE STORE, Berlin - Germany. VAT reg No: DE308934774. Terms and consumer information in the context of contracts of sale on the webshop between ODE (from hereon “provider”, “we”, “us”) and the customer (hereon “customer”, “you”).
1. SCOPE AND GENERAL NOTES
Subject to individual agreements and agreements which take precedence over these terms, the following terms and conditions apply to the business relationship between the provider and the customer only valid at the time of the order. Conflicting terms and conditions of the customer specifically do not apply unless the provider agrees to their validity in writing.
The customer is a consumer if no commercial or independent professional activity for the purpose of the goods and services ordered can be attributed. A commercial customer is any natural or legal person or unincorporated company acting in their commercial or independent professional activity at the conclusion of the contract.
2. CONCLUSION OF CONTRACT
All offers in the web shop of the provider are merely a non-binding invitation to the customer to make an offer to buy. Once the seller has received the order from the customer, the customer first receives an order confirmation, usually by e-mail. This does not constitute acceptance of the order. After receiving an order, the provider will check this in the short term and notify the customer within 2 business days on whether to accept the order. No contract is concluded when the customer does not receive an order confirmation within 2 working days. The order process in the webshop of the provider works as follows:
The customer can choose from the selection of the supplier’s products and use the “add to cart” button to gather them in a so-called basket. By clicking the button “Place order” he emits a binding offer to purchase the goods in the basket. Before submitting the order, the customer can change the data at any time. The order, however, can only be placed and received, if the customer has accepted these “Terms and Conditions” by clicking on the button displayed.
The provider then sends the customer an automatic receipt e-mail, in which the customer’s order will appear again and can print using the “Print” function of the customer. The automatic acknowledgment of receipt only documents that the customer’s order is received by the provider and does not constitute acceptance of the application. The contract is not concluded until the declaration of acceptance by the provider, which will be sent with a separate e-mail.
3. CONTRACT, DELIVERY AND AVAILABILITY OF GOODS
The contract covers the framework in which the order specified by the customer and goods of order and / or order confirmation and services to the retail prices are listed in the webshop. Errors and mistakes are reserved there, esp. with regard to the availability of goods.
When on the date of the customer’s order there are no copies of the selected product available, the provider shall notify the customer of this in the order confirmation. If the product is permanently unavailable, contact the provider on a declaration of acceptance. A contract is not concluded in this case.
If a product is ordered by the customer is temporarily unavailable, the supplier shall inform the customer as soon as possible. For a delivery delay of more than six weeks, the customer has the right to revoke the contract. In addition, the provider is entitled to withdraw from the contract in this case. Here he will refund any payments already made by the customer immediately.
4. ACCURACY OF CONTENT
We take every care to ensure that the description and specification of our products are correct at the time of publication. However, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you. Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
5. OWNERSHIP OF RIGHTS
All rights, including copyright, in this website are owned by or licensed to ODE STORE. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of ODE STORE. You may not modify, distribute or re-post anything on this website for any purpose.
6. RESERVATION OF PROPERTY
Until full payment of the delivered goods has been received, the goods remain sole property of the supplier.
7. DELIVERY, PRICING, SHIPPING
Delivery (delivery to the shipping company) is made only after receiving payment, otherwise, immediately after the order confirmation.
All prices are listed on the vendor website do not include VAT.
The appropriate shipping charges to the customer in the order and shall be borne by the customer, if not otherwise stated on the webshop.
The order will be shipped by mail. If the customer requests an insured shipping, this should be explicitly arranged with the provider. The resulting additional costs are to be paid by the customer.
8. PAYMENT
We offer different kind of payment methods:
Stripe - By choosing Stripe as your payment method, you'll be able to pay with Credit Card: Visa, MasterCard and American Express, Discover and Apple Pay.
Paypal - By choosing Paypal as your payment method, you'll be able to pay with Credit Card, Debit Card, or Bank transfer. As a Paypal 'Guest' you can pay without creating a Paypal account.
All prices are mentioned in Euro, all taxes are included.
Once your order has been placed you will receive an order confirmation by email.
9. TAXES & DUTIES
If you order from a country outside the EU, and the order arrives in your country, local guidelines apply and your order may be subject to country taxes and local duties. These taxes and duties are not included in your purchase price and are the responsibility of the costumer. Please note that this could involve some delay of the consignment, as the goods are retained by the customs. However, if applicable, we will support with any communication of information with customs as necessary. Please refer to your local postal service for rates of expected duties and taxes.
10. WARRANTY FOR DEFECTS, WARRANTY
The provider is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
A guarantee consists in the goods delivered by the seller only if this was explicitly stated in the order confirmation to the respective article.
11. LIABILITY
Claims of the customer for damages are excluded. This excludes damage claims of the customer arising from injury to life, body or health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty of the provider or his legal representatives or agents.
In case of breach of fundamental contractual obligations referred to in paragraph 1, the provider shall be liable only to the contract-typical, foreseeable damage if it was caused by simple negligence, unless there is damage claims of the customer arising from injury to life, body or health.
Significant contractual obligations within the meaning of paragraph 1, the liability for breach of obligations the fulfillment of which allows the execution of the contract and on which the customer can rely.
The restrictions of paragraphs 1 and 2 shall also apply to the legal representatives and agents of the provider, if claims are made directly against them.
The provisions of the Product Liability Act remain unaffected.
12. MAKING CHANGES TO ORDERS
Please note, due to the speed at which our Web Dispatch team work, we can make no guarantees to change orders prior to shipping. If an order has been booked in & collected by DHL / HERMES, we can not cancel or amend it. Once you have received your item, you can then return it following our Returns guidelines.
13. RIGHT OF WITHDRAWAL
For our complete policy on Returns please click here.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform info@ode-store of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail). You may use the attached model withdrawal form, but it is 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 to you all payments received from you, including the costs of delivery (in the event you return only part of your original order, we will reimburse you a partial refund of the costs of delivery / in the event your order was applicable for free shipping and the return part of your order resulting in the remaining order falling under the free shipping boundary, we reserve the right to subtract shipping from your reimbursement), 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods to:
ODE STORE
Femke Colaris
Güntherstraße. 17
10318 Berlin
Germany
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 cost 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.
Model withdrawal form:
Addressed to:
Ode Store, Femke Colaris, Güntherstraße. 17, 10318 Berlin, Germany
Email: info@ode-store.com
– I / We (*) hereby give notice that I / We (*) withdraw from my / our (*) contract of sale of the following goods (*) / for the provision of the following service (*),
– Ordered on (*) / received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
– Date
_________
(*) Delete as appropriate.
– End of Returns Policy –
14. NOTES ON DATA PROTECTION
The provider collects as part of the settlement of contracts data from customers. Without the customer’s consent the provider’s inventory and customer usage data will only be collected, processed or used to the extent necessary for the execution of the contract and for the use and accounting of teleservices.
Without the consent of the customer the supplier will not use customer data for purposes of advertising, market research or opinion polls.
The customer always has the option to retrieve the data stored by him under the button “My Account” in his profile, change or delete this. Reference is also made with respect to consent of the customer and further information on data collection, processing and use to the Privacy Policy, which is on the provider’s website accessible at any time by clicking the “Privacy Policy” in printable form.
15. FINAL PROVISIONS
Any contract between the provider and the customer falls under the law of the Federal Republic of Germany under exclusion of the UN Sales Convention.
If the customer is a merchant, a legal entity under public law or a public special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider are to be undertaken at the location of the provider.
The contract remains binding even where there is legal invalidity of individual items.