Terms & Conditions



GENERAL TERMS OF BUSINESS (GTB)

(including legal information about your rights according to the regulations which govern contracts in long-distance transactions and in electronic business transactions)



1. SCOPE AND CLIENTELE

Orders that our customers place through our online shop https://obs-official.com/ (“OBS WEBSHOP”) are subject exclusively to these General Terms of Business (GTB). We will not acknowledge any deviating conditions of the customer or third parties unless we have expressly consented to their application.

The product range in the OBS Shop is aimed exclusively at consumers; a “consumer” means any natural person who concludes a legal transaction for a purpose not attributable to their commercial or independent professional activity, § 13 BGB (German Civil Code).



2. PRODUCT RANGE, OFFER PROCEDURE AND CONTRACT CONCLUSION

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.

By clicking the button “ADD TO CART”, you can place desired goods in your shopping cart without obligation. By clicking the link “CART”, you can view the shopping cart at any time and, if you wish, remove any of the goods it contains. If you would like to buy the articles in the shopping cart, click the link “CART”, then enter the required data and click the link “PROCEED TO CHECKOUT”. After entering your data and selecting the payment method, you can use the button “PLACE ORDER” to navigate to a confirmation window which will display the details about your order once more. There you can check your entries a final time and correct them if necessary. By clicking the button “Buy” in the last step of the order procedure, you are placing a binding order for the selected goods.

Immediately after sending your order, you will receive an email confirming its receipt (order confirmation). However, this still does not constitute acceptance or your order, but serves merely to inform you that we have received it. The purchase contract will not be concluded until we have accepted the order by sending an additional email confirming the order and the delivery of goods (order confirmation). If you have received no order confirmation or delivery of goods within three business days of sending your order, you will no longer be bound by it.



3. CONTRACT PARTNER

OBS GmbH (Haftungsbeschränkt)

Provinostraße 52

86153 Augsburg

Deutschland (Germany)

Email: service@obs-official.com



4. DELIVERY

(1) Deliveries will be made to the indicated postal address, under the shipping conditions that apply on the website during the order. Information about the delivery period is binding unless we have firmly promised another deadline.

(2) If some of the ordered products are out of stock, we may make partial deliveries at our expense if you find this acceptable.

(3) If we are ever unable to deliver the ordered goods on time or at all because our upstream suppliers have failed to make their deliveries to us, we will inform you thereof without undue delay. If this happens, you may either wait for the ordered goods or withdraw from the contract. If the delivery is impossible, either party may withdraw from the contract. In the event of withdrawal, we shall reimburse you without undue delay for any amounts you have already paid.

(4) If we have made two unsuccessful attempts to deliver the goods, we may withdraw from the contract. You will be reimbursed without undue delay for any payments you have made, although you shall bear the costs for failed deliveries which are your fault (if you give us the wrong or an incomplete delivery address or fail to pick up the goods after being informed that they are ready, for example).



5. PRICES

All prices named in the webshop include statutory VAT (currently 19%). But the prices indicated do not include shipping costs. Any customs fees for non-EU countries will not be considered and will be billed to the recipient on import by the competent customs body.



6. PAYMENT METHODS

 PAYPAL

PayPal is an online payment procedure which functions by connecting with your bank account or credit card. To pay with PayPal, you must have a PayPal customer account. If you have no such account, you can open one during the order procedure if you wish. You can find additional information about PayPal on www.paypal.de.



If you wish to pay with credit card (American Express, MasterCard, or Visa), please choose one during the order procedure and enter the required data in the field provided. Your credit card account will be charged immediately after we have confirmed your order.



STRIPE

Credit Card and Immediate transfer payments will be handled by Stripe Payments Europe Ltd., The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland, email: support@stripe.com.





 7. RETENTION OF TITLE

The goods will remain our property until full payment has been made.



8. LIABILITY

(1) We exclude our liability for breach of duty caused by ordinary negligence.

(2) The preceding disclaimer does not apply to

– damages arising from injury to life, limb or health

– claims under the Product Liability Act

– any guarantees of quality or durability we have given or

– the breach of essential contractual obligations.

(3) If we must be liable for ordinary negligence due to the breach of essential contractual obligations, the amount of our liability will be limited to foreseeable damages which are typical of this kind of contract.

(4) If our liability is excluded or limited under the preceding, this also will apply to liability for our statutory representatives, employees and vicarious agents.



9. WARRANTY

(1) If the delivered goods are defective, the statutory rights will apply.

(2) Our product descriptions normally contain no information on quality or durability which is to be understood as a guarantee for the purposes of § 443 BGB (German Civil Code). We assume such a guarantee only if we explicitly refer to it. Your statutory rights will not be limited or excluded by any guarantee we grant.



10. CONTRACTUAL LANGUAGE

The contractual languages are German and English.



11. ONLINE ARBITRATION

The European Commission offers the opportunity to settle disputes online on an online platform they operate. That platform is available via the external link http://ec.europa.eu/consumers/odr/.



12. FINAL PROVISIONS

(1) The laws of the Federal Republic of Germany will apply to contracts between the provider and the customer, under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention). This will not affect the statutory provisions on limiting the choice of law and applicability of compulsory provisions, especially of the country in which the customer has its permanent address as a consumer.

(2) If the customer is a merchant, a legal entity under public law or special fund under public law, the venue for all disputes arising from contractual relationships between the customer and the provider will be the provider’s registered office, Munich.

(3) Finding individual items of the contract to be legally invalid will not invalidate its remaining parts. The invalid item will be replaced by statutory provisions as applicable. If this would constitute an undue hardship for one of the contracting parties, however, the contract will be deemed ineffective as a whole.

(4) In the event of questions regarding interpretation or disputes, the German version of the terms and conditions shall apply exclusively.