TERMS & CONDITIONS
WEBSHOP GENERAL TERMS AND CONDITIONS
OF OLANDO, GMBH
§ 1 SUBJECT MATTER AND SCOPE
(1) The following General Terms and Conditions (GTC) apply to the business relationship
between Olando GmbH, hereinafter referred to as "Olando" for short,
and the purchaser of goods via the online sales platform at the Internet
address www.freudeforever.com (hereinafter referred to as "FREUDE.FOREVER
Web-Shop" for short), hereinafter referred to as "Purchaser" for
(2) Goods in the sense of these GTC are all products and services which can be purchased
within the scope of an online order in the FREUDE.FOREVER webshop.
(3) The following GTC do not apply to orders placed with Olando outside the
(4) Any terms and conditions of the Customer deviating from these GTC as well as any
amendments and supplements to these GTC are only valid if they have been accepted
by Olando. This also applies if the Customer's terms of business and/or
delivery are not expressly contradicted.
(5) Consumer in the sense of the following regulations is every natural person who
concludes a legal transaction for purposes which can predominantly be
attributed neither to his commercial nor his independent professional activity.
An entrepreneur is any natural or legal person or a partnership with legal
capacity who, when concluding a legal transaction, acts in the exercise of his
independent professional or commercial activity.
§ 2 CONCLUSION OF CONTRACT
(1) The presentation of goods in the FREUDE.FOREVER web shop does not constitute a
binding offer to conclude a purchase contract.
(2) Olando reserves the right to sell goods only in quantities customary for households.
(3) With your order - by clicking the button "BUY NOW" - you make a binding
offer to purchase. Olando will send you an automatic confirmation of receipt by
e-mail, which again documents your order. This automatic confirmation of
receipt merely confirms that Olando has received your order and does not
constitute acceptance of your offer.
(4) Depending on the selected means of payment, Olando reserves the right to check
your details with regard to the means of payment, its validity and your
creditworthiness with regard to the order value and, depending on the result of
the check, to refuse to accept orders.
(5) The contract with Olando is only concluded when Olando confirms the dispatch of the
goods to you by separate e-mail. The acceptance period is a maximum of calendar days.
(6) If it is not possible to deliver the goods ordered by you, for example because the goods in
question are not in stock, Olando will not issue a declaration of acceptance. In this case a
contract is not concluded. We will inform you of this immediately and reimburse any consideration
already received without delay.
(7) The contract language and contractual correspondence is in German or English.
(8) Your order data will be stored by us in accordance with the statutory provisions.
Should you lose your order records, please contact us by e-mail at
email@example.com. We will gladly send you a copy of the stored data
of your order.
§ 3 RIGHT OF WITHDRAWAL FOR CONSUMERS AND AGREEMENT ON THE BEARING OF COSTS
(1) If you are a consumer, you are entitled to the following right of cancellation for a purchase in the
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 or has taken possession
of the last goods.
SAMPLE CANCELLATION FORM
If you wish to withdraw from the contract, you can inform us of your decision to withdraw
from this contract by means of a clear declaration, for example by sending an
e-mail to firstname.lastname@example.org. You can also send us a sample withdrawal
form. You can formulate the revocation yourself or use the model revocation
form below for this purpose, but it is not mandatory.
Pranner Straße 11,
hereby revoke the contract concluded by me/us (*)
for the purchase of the following goods (*)
the provision of the following service (*)
Ordered on (*)
Received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s)
(only in case of paper communication)
- Date of withdrawal
To comply with the withdrawal period, it is sufficient for you to send the notice of
exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we must refund 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 cheapest
standard delivery offered by us), without delay and at the latest within fourteen
days of the day on which we received notification of your withdrawal from 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 repayment
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 without delay and in any case no later
than fourteen days from the day on which you notify us of the cancellation of this
contract. The deadline is met if you send the goods before the end of the
period of fourteen days.
You only have to pay for any loss in value of the goods if this loss in value is due to
your handling the goods in a way that is not necessary for testing the
condition, properties and functioning of the goods.
END OF THE CANCELLATION POLICY
(2) The right of revocation does not apply to distance selling contracts
(a) for the delivery of goods that are manufactured according to customer specifications
or clearly tailored to the personal needs of the customer or that are not suitable for return
due to their nature,
(b) for the
delivery of audio or video recordings or of software, provided that the
delivered data carriers have been unsealed by you.
§ 4 RETURN MODALITIES
(1) For reasons of simplification, Olando asks you to return goods by presenting the
return slip requested by you by e-mail (email@example.com) and
received by e-mail from us to the address listed there. The acceptance of
returned goods does not constitute recognition of any notice of defects.
(2) We would like to point out that in the event of deterioration of the goods you may
be obliged to pay compensation. You can avoid a possible obligation to pay
compensation by refraining from doing anything that could impair the value of
the goods and by not using the goods as if they were your property.
Furthermore, you should only try on or inspect the goods as you would have been
able to do in a shop, for example.
(3) Please note that product packaging, such as high-quality cartons for printed works, is
part of the ordered goods. If this product packaging is not returned with the
goods in the event of a return, this can lead to a considerable deterioration
of the goods. In these cases Olando therefore reserves the right to demand the
return of the product packaging or to claim compensation for lost value.
§ 5 RETENTION OF TITLE
The goods remain the property of Olando until they have been paid for in full.
§ 6 DELIVERY
(1) The goods are dispatched by Olando worldwide.
(2) Please refer to the information on the product page for the delivery times of the
goods. The delivery time can take up to 12 weeks.
§ 7 PRICES
(1) The prices at the time of the order apply.
(2) All prices, which are indicated in the FREUDE.FOREVER Web-Shop, are final consumer
prices and contain the legal value added tax (at present 19% and/or 7%) and
understand themselves plus forwarding expenses.
(3) Any service and shipping costs incurred can be found on the order page and are also
indicated on the order form.
(4) Please note that additional customs duties may apply for deliveries to countries that
do not belong to the European Union.
§ 8 TERMS OF PAYMENT, MEANS OF PAYMENT
(1) You can pay by credit card as well as by PayPal. The time of payment/debit varies depending
on the means of payment:
Payment by credit card:
Your credit card will be charged upon completion of the order.
Payment with PayPal:
Your PayPal account will be debited when the order is completed.
(2) Unless otherwise agreed, payment of the purchase price is due immediately upon
conclusion of the contract. In the event of late payment Olando is entitled to
charge interest on arrears at a rate of 5 percentage points above the base
interest rate p.a. announced by the European Central Bank. If it can be proven
that Olando has incurred higher damage due to default, Olando is entitled to
§ 9 WARRANTY
Olando is liable for material defects and defects of title in accordance with the
applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation
period is two years in accordance with § 438 Para. 1 No. 3 BGB and begins with
the delivery of the goods.
§ 10 DISPUTE RESOLUTION
Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European
Commission provides a platform for online dispute resolution (OS), which can be
found at https://ec.europa.eu/consumers/odr/. Olando is willing to participate
in dispute resolution proceedings at a consumer arbitration board.
§ 11 COPYRIGHTS
The content and structure of the FREUDE.FOREVER web shop as well as the other websites
operated by Olando are protected by copyright. All texts, images, graphics,
sound, video and animation files are subject to copyright, trademark law and
other laws for the protection of intellectual property. Some Internet pages
also contain images, graphics, sound, video and animation files that are
subject to the copyright, trademark and other intellectual property rights of
their providers. Copying or other use for other than private purposes or for
transmission, other publication, reproduction and distribution, whether in
original or modified form and in any medium, or such use on other websites is
not permitted without the prior express written consent of Olando.
§ 12 DATA PROTECTION
Detailed information on data protection can be found in our data protection declaration
§ 13 PLACE OF PERFORMANCE, PLACE OF JURISDICTION,
CHOICE OF LAW
(1) The place of performance for delivery and payment as well as the place of
jurisdiction for all disputes between the contracting parties is Hamburg,
insofar as the Customer is a merchant, a legal entity under public law or a
special fund under public law. The place of jurisdiction shall also apply to
persons other than the aforementioned persons if the customer does not have a
general place of jurisdiction in Germany, if the customer moves its place of
residence and/or business outside Germany after conclusion of the contract or
if its place of residence and/or business or habitual abode is unknown at the
time the action is brought.
(2) German law shall apply. In the case of consumers, this choice of law shall only
apply insofar as the protection granted by mandatory provisions of the law of the
state of the consumer's habitual residence is not withdrawn as a result
(3) The provisions of the UN Convention on Contracts for the International Sale of
Goods shall expressly not apply.
PROVIDER AND CONTRACTUAL PARTNER
Pranner Straße 11,
Munich Local Court
Dr. Robin Houcken,
Dr. Dominik Wichmann
VAT ID: DE308455711