A. General Terms and Conditions (GTC)

§ 1 Scope and provider

1.1
Our following General Terms and Conditions (GTC) apply to all orders of goods of the

OEGE-Trading GmbH & Co. KG
Pierbusch 6
44536 Lünen

Tel.: +49 (0) 231 / 43892110
Fax.: +49 (0) 231 / 43892111

1.2
Consumers in the sense of the law (§ 13 BGB) and these GTC are natural persons with whom we enter into business relations without this being predominantly attributable to a commercial or independent professional activity.

1.3
Entrepreneurs in the sense of the law (§ 13 BGB) and these GTC are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.

1.4
All deliveries and services provided by OEGE-Trading are only based on the following GTC in the version valid at the time of the order.

1.5
Individual contractual agreements take precedence over these GTC. Deviating, conflicting or supplementary GTC shall not become part of the contract even if known, unless their validity is expressly agreed.

1.6
The General Terms and Conditions apply to shipping within the Federal Republic of Germany, the area of the EU and outside the EU.

§ 2 Conclusion of contracts for online sales offers

2.1
All representations of the offered products serve to submit an offer for the conclusion of a purchase contract by the customer.

2.2
With the order sent via the website, the customer initially submits a binding contractual offer for the selected goods.

2.3
We take the order automatically through the store system. In all cases, the receipt of the order will be confirmed immediately. We would like to point out that the mostly automated confirmation of receipt itself does not already represent an acceptance, but is merely intended to indicate that the order has been received by us and is being processed. Acceptance is made by shipment, or handing over at self-collection.

2.4
We are entitled to accept your order and thus your offer within approx. 7 days by sending an order confirmation or to send the ordered goods within this period.

2.5
For better and safe processing it is necessary that the data of both parties of the purchase contract are correct. Therefore, we ask the customer to carefully check all the data of your goods order once again before sending an order and correct any errors. In this way, errors that are not and cannot be detected by our ordering system can be eliminated at an early stage.

2.6
Should our order confirmation contain typographical or printing errors or should the presentation and determination of the product prices be based on technical transmission errors, we shall be entitled to contest the order. In the context of the challenge, we must prove our error to you. Payments already made by the customer will be refunded to the customer without delay.

2.7
Of course, the general terms and conditions can be printed separately.

§ 4 Conclusion of contracts outside online sales offers

If the customer is an entrepreneur within the meaning of § 1.3 of these GTC:

Is the order of the entrepreneur as
offer in accordance with § 145 BGB, we can do so within two weeks.
Accept weeks.

§ 5 Delivery and reservation of self-delivery

5.1
Delivery is made within Germany, the countries of the EU and outside the EU.

5.2
In the event that not all products ordered by the customer are in stock, we shall be entitled to make partial deliveries at our expense, provided that this is reasonable for the customer.

5.3
We expressly reserve the right to withdraw from the contract if, through no fault of our own, we are unable to deliver the ordered goods because the supplier fails to meet his contractual obligations. In such a case, we will inform the customer immediately about the non-deliverability of the goods and refund any payments already made to the customer without delay.

§ 6 Retention of title

6.1
The delivered goods remain our property until full payment by the customer.

6.2
If the customer is an entrepreneur within the meaning of § 1.3 of these GTC:

6.2.1
Furthermore, we retain title to the reserved goods until receipt of all payments arising from the business relationship with the customer.

6.2.2.
In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.

6.2.3
The customer shall be entitled to resell the object of sale in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including the applicable value-added tax) of our claim accruing to him from the resale against his customers or third parties, irrespective of whether the object of sale has been resold without or after processing. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets its payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of composition or insolvency proceedings has been filed or payments have not been suspended. If this is the case, however, we may demand that the customer inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.

6.2.4

The processing or transformation of the object of sale by the customer shall always be carried out for us. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including the applicable value-added tax) to the other processed objects at the time of processing. In all other respects, the same shall apply to the item created by processing as to the purchased item delivered subject to reservation of title.

§ 7 Shipping and payment for contracts for online sales offers

7.1
All prices shown include the statutory sales tax and other price components without the respective delivery and shipping costs.
The shipping cost is as follows:

With advance transfer in Germany:

Bank transfer in advance: From 20€ order value free shipping within Germany, otherwise 3,90

The shipping costs for shipping to other EU countries and for shipping outside the EU can be found by the customer in the separate presentation.

7.2
With updating the Internet pages, all previous prices and other information about goods become invalid. Decisive is the representation at the time of the order of the goods by the customer.

7.3
Payment for goods ordered from us is made in advance, Paypal or cash.

7.4
If there is a delay in delivery due to so-called force majeure, war, strike at one of our suppliers or natural disasters, we reserve the right to make up for the delivery immediately after the reason has ceased to exist.

7.5
You shall only have the right to offset if your counterclaims have been legally established by a court, are undisputed or have been acknowledged by us in writing.

7.6
You may only exercise a right of retention if the existing counterclaim is based on the same contractual relationship. Otherwise, a right of retention on your part is considered excluded.

§ 8 Shipping and payment for

Contracts outside of online sales offers Shipping and payment for contracts outside of online sales offers only concerns contracts concluded with an entrepreneur as defined in § 1.3 of these GTC. Shipping and payment is agreed with the entrepreneur individually.

§ 9 Right of withdrawal for consumers

Consumers have a right of withdrawal for 14 days. Consumers in the sense of the law (§ 13 BGB) and these GTC are natural persons with whom we enter into business relations without this being predominantly attributable to a commercial or independent professional activity.

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last item.

To exercise your right of withdrawal, you must send us

Company

OEGE-Trading GmbH & Co KG
Pierbush 6
44536 Lunen

Tel.: +49 (0) 231 / 43892110
Fax.: +49 (0) 231 / 43892111
E-mail: mail@oege-trading.de

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form (download), which is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

End of the cancellation policy

Reference to non-existence of the right of withdrawal:

The right of withdrawal does not apply to distance contracts for the delivery of goods that can spoil quickly or whose expiration date would be exceeded quickly or to distance contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

§ 10 Agreement on the exercise of the right of withdrawal by consumers by returning goods capable of being sent by parcelConsumers within the meaning of § 13 BGB and in accordance with §

1.2
of these GTC have the option to exercise their right of revocation for distance contracts by returning goods that can be sent by parcel post. For the effective and timely exercise of the right of revocation within the revocation period of 14 days in accordance with the revocation instructions, the consumer is obliged to expressly mark the goods that can be sent by parcel when returning them so that the return can be recognized by us as a revocation. If several goods capable of being shipped by parcel are returned to us within one return shipment, the consumer must clearly indicate which of the returned goods capable of being shipped by parcel is to be covered by the exercise of the right of withdrawal for distance contracts. If there is no marking of the goods that can be sent by parcel when returning several goods or if a return is not marked or designated as a revocation, the right of revocation by return subject to further options used by the consumer to revoke has not been effectively exercised and not within the time limit.

§ 11 Warranty

11.1

The statutory warranty provisions shall apply.

11.2

If the customer is an entrepreneur within the meaning of § 1.3 of these GTC:

In order to exercise his warranty claims, the customer must have fulfilled his obligations to examine the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).

§ 12 Liability

12.1
We are only responsible for intent and gross negligence. Insofar as an attributable breach of duty is based on simple negligence and an essential contractual obligation (obligations whose fulfillment is a prerequisite for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose fulfillment the customer regularly relies) is culpably breached, our liability for damages shall be limited to the foreseeable damage that typically occurs in comparable cases. In the event of death, injury to health or bodily harm, we shall be liable in accordance with the statutory provisions.

12.2
Liability according to the provisions of the Product Liability Act remains unaffected. In all other respects liability is excluded.

§ 13 Place of Jurisdiction and Place of Performance

13.1

If the customer is an entrepreneur within the meaning of § 1.3 of these GTC:

The place of jurisdiction is the registered office of OEGE Trading. However, OEGE Trading is also entitled to sue the Customer at the place of jurisdiction of the Customer’s domicile.

13.2

If the customer is an entrepreneur within the meaning of § 1.3 of these GTC:

OEGE Trading’s place of business is the place of performance, unless otherwise agreed in the order confirmation.

§ 14 Final provisions

14.1
German law shall apply to the conclusion and execution of all contracts. This applies to you as a consumer, however, only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the customer has his habitual residence.

14.2
The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

14.3
Should one or more provisions of these GTC be invalid, this shall not entail the invalidity of the entire contract. The invalid provision shall be replaced by the applicable statutory provision.

B. Information requirements for distance contracts

1. information about the essential

Properties of the goods The essential properties of the goods offered by us can be taken by the customer from the product presentations on the product overview pages as well as from the information and presentations on the product detail pages. If the customer has added goods to the virtual shopping cart, he will receive an overview of the goods and the properties until you send your order.

2. information about the identity of the company and contact details (incl. telephone number).

Company

OEGE-Trading GmbH & Co KG
Pier bush 6
44536 Lunen

Tel.: +49 (0) 231 / 43892110
Fax.: +49 (0) 231 / 43892111

represented by the managing partner:

OEGE Management Company Ltd.
Pier bush 6
44536 Lunen

Dortmund Local Court HRB 25043 (personally liable)

represented by the managing director Mr. Özcan Gölyeri

Local court Dortmund
Registration number: HRA 17563
Sales tax identification number: DE284469981

3. information about total price and
Price calculation and shipping costs

The information about the total price and the price calculation can be found out by the customer during the ordering process after inserting the shopping cart. To do this, the customer must click on icon labeled shopping cart.

4. information about costs for the
Use of the means of distance communication used for the conclusion of the contract

For the use of our online offer and the placing of an order, no further costs are incurred beyond the mere use of your Internet access.

5. information about the payment,
Terms and conditions of delivery and performance, date of performance and complaint procedure

5.1 Terms of payment

The terms of payment result from § 5 of the GTC.

5.2 Terms of delivery and performance

The terms of delivery and service result from §§ 3 and 4 of the GTC.

5.3 Date of performance

For our online store, the following date of performance applies.

6. information about the existence of a
statutory liability for defects for the goods

The statutory warranty provisions shall apply. The warranty period is two years and begins with the handover of the goods.

7. information on the existence, conditions, deadlines and procedure for exercising the right of withdrawal.

The buyer has a right of withdrawal if he is a consumer. Consumers in the sense of the law (§ 13 BGB) and these GTC are natural persons with whom we enter into business relations without this being predominantly attributable to a commercial or independent professional activity.

8. information regarding the means of payment provided

The following means of payment are available:

Prepayment, cash on delivery or cash on collection.

C. Information requirements for contracts in electronic commerce

1. information about the conclusion of a contract

The contract between the Seller and the Buyer is concluded in accordance with § 2 of the General Terms and Conditions (GTC) of the Seller (see above).

2. information about reservation of non-delivery in case of unavailability

In accordance with § 3 and § 4 of the General Terms and Conditions (GTC) of the Seller, the Seller reserves the right not to perform the promised service and thus not to deliver the goods in case of their unavailability (see above).

3. information about the technical steps leading to the conclusion of a contract via the seller’s online store.

The conclusion is made by offer and acceptance.

3.1

Process of an order/offer of the customer = order

3.2
Acceptance by the seller = shipment of the goods

4. information about storage of the contract text and access possibility of the customer for sales via the online store.

The contract text is stored in the store system of the seller. The General Terms and Conditions (GTC) can always be viewed by the customer on this website. The data of the individual order as well as the GTC are sent to the customer automatically by e-mail. After the customer has completed the order, the data is no longer accessible via the Internet.

5. information on technical means for detecting and correcting input errors in sales via the online store.

The customer can correct his data at any time. This applies both to the number of ordered goods and the selected goods themselves. For this purpose, the customer can change his details by mouse or keyboard and both remove goods from the shopping cart and increase or decrease the number of individual goods to be ordered. In addition, all order details are presented again before the order is completed and the customer is given the opportunity to make corrections.

6. information on the languages available for the conclusion of the contract.

Only the German language is available for the conclusion of contracts.

Contact us!

The dialog with our trade partners is very important to us – whether it is about an order, you would like to talk to the sales department, or just have a general question – do not hesitate to contact us.

Contact