german brand award winner 2018

Terms and Conditions


1. Scope
2. Conclusion of Contract
3. Prices and terms of payment
4. Terms of delivery and shipment
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Redemption of promotional vouchers
9. Applicable law
10. Jurisdiction
11. Information on online dispute resolution

1. scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Optimondo GmbH" (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is objected to unless otherwise agreed.

1.2 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

2. Conclusion of contract

2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.

2.2 First, the customer places the selected goods in the shopping basket. In the following step, the ordering process begins, in which all necessary data for order processing are recorded.

A summary of the order and contract data appears at the end of the order process.

Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket.

2.3 The seller accepts the customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or e-mail).

or

- Request for payment to the customer after submission of the order.

or

- Delivery of the ordered goods

Determining the time of acceptance is the first alternative that occurred.

The order data, the cancellation policy and the General Terms and Conditions shall be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.

2.5 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser's back button or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labelled accordingly.

2.6 The contractual language is German.

2.7 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.

3. Prices and terms of payment

3.1 The prices displayed are final prices including statutory VAT, unless otherwise agreed.

If additional shipping costs are incurred, this can be found in the product description.

3.2 The customer can select the payment methods available in the online shop.

3.3 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.4 In the case of payment by "PayPal", payment shall be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full .

3.5 In the case of payment via "PayPalDirect Debit", the collection of the debt by PayPal shall take place after a SEPA Direct Debit Mandate has been issued and after expiry of the period for prior information on behalf of the Seller from the bank account of the Customer. Prior information is the seller's announcement to the customer that his account will be debited by means of a SEPA Direct Debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit without being entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if the customer is responsible for this. The remaining contractual relationship as well as rights and obligations vis-à-vis the Seller and the Seller shall remain unaffected by payment by direct debit.

3.6 In the case of payment on account via "PayPal Invoice", payment processing is carried out by PayPal.

The purchase price is due after delivery of the goods and is payable to PayPal within 30 days of receipt of the invoice, unless a different payment term is specified.

The purchase on account requires a successful credit check by PayPal.

If the customer is allowed to purchase on account after the creditworthiness has been checked, the seller assigns his claim to PayPal, therefore payment can only be made to PayPal with debt-discharging effect.

The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.

For the rest, the General Terms and Conditions of Use for the Use of PayPal's Purchase on Account shall apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4. Terms of delivery and shipment

4.1 Delivery of goods by dispatch shall be made to the delivery address provided by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless the Seller is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.

4.3 Self-collection is not offered.

4.4 Vouchers are provided to the customer in the following form:

  • by e-mail
  • by download
  • postal

5. Right of withdrawal

5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.

5.2 The right of withdrawal is governed by the Seller's cancellation policy.

5.3 Consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract do not have a right of withdrawal.

6. Retention of title

If the Seller makes advance performance, the goods shall remain the property of the Seller until the purchase price has been paid in full.

7. Liability for defects

7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed in these GTC.

7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. Failure to do so shall have no effect on the customer's statutory or contractual claims for defects.

8. Redemption of promotional vouchers

8.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") are only redeemable in the Seller's online shop and only during the period specified by the Seller.

8.2 Promotion Vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher promotion.

The specific restrictions, if any, can be found on the promotional voucher.

8.4 Promotion vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.

8.5 Several promotional vouchers may NEVER be redeemed within one order. We reserve the right to cancel orders which have allowed the redemption of several vouchers due to a technical error.

8.6 The value of the goods of the respective order must at least reach the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

8.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered may be used to settle the difference.

8.8 The credit balance of a promotional voucher is neither paid out nor does it earn interest.

8.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.10 The promotional gift voucher is personal and may only be redeemed by the person named on it. The gift voucher may not be transferred to a third party. The Seller has the right, but not the obligation, to check the material eligibility of the respective voucher holder.

9. Applicable law

9.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.

The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

9.2 This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

10. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office.

If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.

Nevertheless, in the aforementioned cases, the Seller is also entitled to bring an action before the court at the Customer's place of business.

11. Information on online dispute resolution

The EU Commission's online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr 

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.