General terms and conditions of business
§ 1 Scope of Application and Provider
1.1. These General Terms and Conditions apply to all orders placed with the online shop of the
omniprotect.de GmbH
Wohlenbergstraße 6
30179 Hanover
Managing Director: Sonia Niedhart
effect.
1.2. The Seller concludes contracts with customers who
a) are natural persons with unlimited legal capacity who have reached the age of 18 and with
b) legal entities, partnerships with legal capacity or sole proprietors who, at the time of concluding the legal transaction, act in the exercise of their commercial or self-employed professional activity (entrepreneurs). Customers within the meaning of this business relationship are both consumers and entrepreneurs, each with residence or registered office in the Federal Republic of Germany.
1.3. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between Omniprotect.de GmbH and our customers. omniprotect.de GmbH does not recognize deviating terms and conditions of the customer, unless omniprotect.de GmbH has expressly agreed to their validity in writing.
1.4. The language of the contract is exclusively German.
§ 2 Conclusion of Contract
2.1. 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.
2.2. When placing an order via the online order form, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart after entering his personal data and clicking the button "order with obligation to pay" in the final step of the ordering process (§145 BGB).
2.3. The receipt of the purchase offer will be confirmed to the Buyer immediately by email ("Order Confirmation"). This order confirmation assures the buyer of the immediate examination of his offer and therefore does not yet constitute a binding acceptance of the offer. It only serves to inform the customer that the order has been received by the seller. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.
2.4. The object of the contract is exclusively the product sold with the properties and characteristics as well as the intended use in accordance with the product description provided by us. All information about dimensions, weights, descriptions and illustrations on the Internet, in catalogues, other product descriptions or documents in connection with the goods or with our offers serves only as a description of the products and is not to be understood as an indication of quality, as an assurance of a quality, as an assurance of a property or as a provision of a guarantee. The ordered goods may differ slightly from the goods shown due to the technical possibilities of representation, in particular there may be colour deviations or enlarged/reduced representations. Other or further properties and/or features or a purpose of use beyond this require our express confirmation.
§ 3 Prices
All prices stated on the Internet, in catalogues, in other product descriptions or documents include the statutory value added tax and other price components and do not include the respective shipping costs.
§ 4 Terms of payment; Delay
4.1. The payment option(s) will be communicated to the Customer in the Seller's online store.
4.2. If you select the payment method in advance, we will provide you with our bank details in the order confirmation. We will also send you an advance payment invoice by e-mail. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
4.3. PayPal Plus. As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal. You will receive further information during the ordering process.
4.3.1. If you have chosen the "PayPal" payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction.
4.3.2. If the payment method "PayPal Credit" (payment in instalments via PayPal) is selected, the Seller assigns its payment claim to PayPal. Prior to acceptance of the seller's declaration of assignment, PayPal will carry out a credit check using the submitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in the event of a negative test result. If the payment method "PayPal Credit" is approved by PayPal, the customer must pay the invoice amount to PayPal under the conditions set by the seller, which will be communicated to him in the seller's online shop. In this case, he can only pay to PayPal with a debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of revocation and dispatches or credit notes.
4.3.3. If you have chosen the "PayPal Express" payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment instruction. As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. By means of the 'direct-to-PayPal button', you will be redirected to the PayPal payment page without further detours and do not have to enter address data and the like again. The necessary customer data is transmitted via an API interface, but you still receive all important buyer information despite the express checkout.
4.3.4. If you have chosen the credit card payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction will be processed by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after you have been legitimized as the legitimate cardholder.
4.3.5. If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the Customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for advance information on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not redeemed due to a lack of sufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit even though he is not entitled to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this.
4.3.6. If the payment method "PayPal Invoice" is selected, the Seller assigns its payment claim to PayPal. Prior to acceptance of the seller's declaration of assignment, PayPal will carry out a credit check using the submitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in the event of a negative test result. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment term. In this case, he can only pay to PayPal with a debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of revocation and dispatches or credit notes. In addition, the General Terms and Conditions of Use for the use of PayPal purchase on account apply, which can be viewed under https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.4. If you select the credit card payment method, your credit card will be charged upon completion of the order. The technical payment processing is carried out by: HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l. Your credit card details will not be transmitted to omniprotect.de. The Internet address www.omniprotect.de appears on the statement. Please note that the 3D Secure security procedure "MasterCard Secure Code" or "Verified by Visa" is used.
4.5. Sofortüberweisung / Klarna - After placing the order, you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount via SOFORT Überweisung, you must have an online banking account with a PIN/TAN procedure that has been activated for participation in SOFORT Überweisung, identify yourself accordingly and confirm the payment instruction to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards by SOFORT Überweisung and your account will be debited. https://www.klarna.com/sofort/
4.6. In the case of purchase on account (directly from omniprotect.de GmbH), you pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. The amount is to be paid within 10 days minus 2% discount, or 30 days net, after 30 days the default occurs without additional reminder. This payment method will only be activated for registered customers upon request by us.
4.7. In the event of default of payment, we charge default interest in the amount of 5 percentage points above the base interest rate in accordance with § 247 BGB. If our customer is an entrepreneur, we charge default interest of 8 percentage points above the base interest rate.
§ 5 Delivery
5.1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.
5.2. From a value of goods of 150.00 EUR (excl. VAT) we deliver free of charge within Germany (except islands), for delivery to the German islands a surcharge of 17.85 EUR (incl. VAT) is always charged. Below a value of goods of 150.00 EUR (excl. VAT), we charge shipping costs of 6.95 EUR (incl. VAT) when shipping with DPD. Safety shoes are always shipped free of charge within Germany (except islands), for delivery to German islands a surcharge of 17.85 EUR (incl. VAT) is always charged.
§ 6 Retention of Title
6.1. The goods remain the property of omniprotect.de GmbH until the final payment of the purchase price.
6.2. If you are an entrepreneur within the meaning of §14 BGB, the following shall apply in addition: - We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of security is not permitted. - You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise 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.
Cancellation:
§7 Right of revocation
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal 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 goods. To exercise your right of withdrawal, you must contact us
omniprotect.de GmbH
Wohlenbergstraße 6
30179 Hanover
Phone: +49-511-679997-96
E-mail: info@omniprotect.de
inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form for this, but it 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.
Exceptions to the right of withdrawal:
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. emblems, embroidery, company logos, printing, etc.) as well as to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery. Also excluded is the exchange of protective clothing from the "disposable" product group. This applies, among other things, to the products disposable gloves, disposable overalls, disposable visitor overshoes, respirators, face masks, etc.
Consequences of revocation:
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest 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 withdrawal from this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement 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 undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period. We bear the costs of returning the goods. They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.
§ 8 Voluntary right of return up to 30 days after receipt of goods
We would like to do something good for our customers, because nothing is more important to us than your satisfaction. This also includes the quality of our products, because you will only be happy with them if they meet the highest standards. If you are a little dissatisfied with the goods, or are simply not sure whether you want to keep the goods, we now offer you a 30-day right of return. Timely dispatch is sufficient to meet the deadline. However, the prerequisite for exercising the rights under the voluntary return is that you have only worn/tried out the goods for the purpose of trying them on as in a shop, and the goods are returned complete and undamaged in their original packaging. The returned goods must not show any signs of use.
The voluntary right of return does not apply to contracts for: the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery; and/or the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer. Until the expiry of the period for the statutory right of withdrawal, only the legal conditions listed there apply. The voluntary right of return does not limit your statutory warranty rights. The voluntary right of return does not apply to the purchase of gift vouchers. Important addition regarding the Covid-19 pandemic: Due to the Covid-19 pandemic, the exchange of protective clothing from the "disposable" product group is generally excluded. This applies, among other things, to the products disposable gloves, disposable overalls, disposable visitor overshoes, respirators, face masks, etc.
§ 9 Warranty
9.1. Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the Sales Law (§§433 et seq. of the German Civil Code)
9.2. If you are an entrepreneur within the meaning of §14 BGB, the statutory provisions apply with the following modifications:
- You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. This also applies to hidden defects discovered later.
- In the event of defects, we provide warranty at our discretion by repair or replacement delivery (supplementary performance). In the event of rectification, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
- If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
§ 10 Liability
10.1. If there is a defect in the goods, the statutory provisions on liability for defects shall apply. omniprotect.de GmbH assumes no liability for damages resulting from incomplete, late or non-delivery if they are caused by fire, strikes, lockouts, force majeure or other circumstances beyond our control.
10.2. In the event of non-delivery or delay in delivery by upstream suppliers, Omniprotect.de GmbH shall be entitled to withdraw from the contract vis-à-vis the customer. omniprotect.de GmbH undertakes to inform the customer immediately of the unavailability and to reimburse the customer for any consideration without delay.
10.3. omniprotect.de GmbH shall only be liable for intent and gross negligence and personal injury, unless the customer has a legally regulated claim against the user. omniprotect.de GmbH is not liable for lost profits or other financial losses of the customer. The same applies to the personal liability of employees, representatives and vicarious agents. The statutory claims of our customers are not waived by the above limitations of liability.
§ 11 Data protection
The customer is informed in detail about the type, scope, place and purpose of the collection, processing and use of the personal data required for the execution of orders, registration for the e-mail notification service by omniprotect.de GmbH via this link to the data protection about the content of the data protection. The customer expressly consents to this collection, processing and use of personal data. He can revoke the consent at any time with effect for the future.
11.1 Disclosure for the performance of the contract
The disclosure of data necessary for the performance of the contract is permitted. In order to fulfill the contract, Omniprotect.de GmbH provides the address data under all data protection requirements to the shipping service providers.
§ 12 Copyright
All rights are reserved for every website design, text and graphics omniprotect.de GmbH. Copying or reproduction (including printing on paper) of all or parts of this website is permitted only for the purpose of placing an order with omniprotect.de GmbH or for the purpose of using this website as a purchasing resource.
§ 13 Online dispute resolution and consumer arbitration
The European Commission provides a platform for online dispute resolution (ODR), which you can find under http://ec.europa.eu/consumers/odr/. omniprotect.de GmbH is generally not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 Final provisions
Should one or more points of these terms and conditions be or become invalid, this shall not affect the validity of the remaining points and the validity of the contract in its entirety. The invalid provision is to be replaced by the provision whose effect comes as close as possible to the economic objective pursued by the contracting parties with the invalid provision. § 139 BGB is excluded.