Information for customer/consumer
I. Company
Römer und Chmela GbR
Levetzowstraße 16
10555 Berlin
Germany
Tel.: +49 159 01319464
E-Mail: hi@ohdada.de
Web: www.ohdada.de
Registration and Seat: Berlin
Registration Court: Bezirksamt Tiergarten
General terms and conditions
§ 1. General Provisions
(1) Römer und Chmela GbR, Levetzowstraße 16, 10555 Berlin offers goods for purchase to customers (consumers and entrepreneurs/companies), via the Internet.
(2) The following provisions apply to contracts between Römer und Chmela GbR and customers unless otherwise agreed. The version which was current at the time of the contractual conclusion shall be decisive. Any conflicting purchasing conditions of commercial customers require the express recognition of Römer und Chmela GbR for these to be applicable.
(3) A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed primarily to his/her commercial or independent professional activity. An entrepreneur or company is a natural or legal person or partnership, possessing a legal capacity when concluding a legal transaction, and thereby exercises its legal capacity in its commercial or independent professional activities.
§ 2. Prices, Payment and Shipping Costs
(1) The prices quoted for the various offers are, without exception, final prices – i.e. they include all pricing components including any applicable taxes.
(2) Unless otherwise agreed in individual cases, the prices shall exclude packaging, freight, postage and insurance. For this reason, additional shipping and courier costs are incurred when the items are delivered; for subscriptions, shipping costs are incurred for each delivery.
(3) The customer gives an assurance that he/she has provided the complete and correct and delivery address. Should there be any additional shipping costs, due to incorrect address details – such as additional shipping costs, incurred on top – the customer is obliged to repay these if he/she failed to cite the correct address.
§ 4. Retention of Ownership Title
(1) Until full payment has been made, the goods remain our property.
(2) If the customer is an entrepreneur or company, he/she may process and sell the goods delivered under retention of title, within the framework of his/her professional operations, or consume them to provide a delivery and service. In the event of sale or consumption in order to provide a delivery and/or service with the goods delivered under retention of title, the contracting parties agree that the customer transfers his/her claims to the company Römer und Chmela GbR in advance, i.e. claims which arise from the resale or the provision of the delivery and service to the final customer/s, who or which accepts such a transfer/assignment.
§ 5. Terms of Delivery and Shipping
(1) Unless otherwise agreed in individual cases, the delivery of the articles shall take place, in principle, against advance payment, by means of dispatch route/transport courier.
(2) Upon the purchase of goods, the risk of accidental loss and/or accidental deterioration of the sold goods passes to the appropriate courier, upon handing goods over to them themselves, or to a person entitled to receive such goods. For consumers, the risk of accidental loss and/or accidental deterioration of the sold goods passes to them, when the goods are handed over to the consumer. If the customer is in default of acceptance, the risk shall be carried over to the customer and be deemed as the same risk as if handover had taken place.
(3) In the event of non-compliance with delivery deadlines due to temporary obstacles which prevent the performance of the required service/s, due to force majeure (e.g. war, domestic unrest, natural disasters) or similar events (e.g. strike or lock-out), the deadlines shall be extended by a period corresponding to the obstacle/s to the performance of service/s.
§ 6. Transport Damage
(1) The following paragraphs 2 to 4 shall apply only if the customer is a merchant, and the conclusion of the sales contract on behalf of customers is a part of his/her business and commercial operations.
(2) Deliveries must be checked in the presence of the supplier. In case of outwardly recognizable transport damage, the customer is obliged to record them on the shipping documents and to have them acknowledged by the deliverer; the packaging must be kept.
(3) If the (partial) loss or damage was not outwardly apparent at the time of acceptance, the customer is asked to notify Römer und Chmela GbR immediately, but at the latest within 14 days after notice of the loss and/or damage.
(4) The customer will support Römer und Chmela GbR to the best possible extent, insofar as Römer und Chmela GbR asserts claims against the relevant transport company, or validifies them via a cargo insurance policy.
§ 7. Warranty
(1) The customer is entitled to the statutory warranty rights pertaining to Römer und Chmela GbR, for any initial material defects. The customer initially has a right to fulfillment of a supplementary or rectification of performance requirements, but the customer reserves the right to reduce his/her order, or withdraw from the contract at his/her discretion; any subsequent claims for damages remain unaffected by the above provision.
(2) Within the context of subsequent or rectification performance, consumers have the choice whether the supplementary performance should take place via repair (repair of the purchased item), or via a replacement delivery of the said item. For businesses, Römer und Chmela GbR, at its own discretion, decides whether the warranty for defects in the purchased item is rectified via repair or a replacement delivery. If the customer claims any supplementary performance of services/goods, he/she is obliged, at the request of Römer und Chmela GbR, to make the purchased item/s available for verification, to undergo a corresponding examination.
(3) In the case of a merchant or business customers, obvious defects must be reported by within a period of 10 days from receipt of the goods in writing; failing this, the assertion of the warranty claim is forfeited. The timely dispatch of the notification of defect is sufficient to meet the deadline.
§ 8. Liability
Römer und Chmela GbR shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your or your company’s personal information or material and information transmitted over our system. In particular, neither Römer und Chmela GbR nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Except in relation to our contractual obligations to supply goods following acceptance of orders placed on our website, neither we nor any of our directors, employees, suppliers or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.
You agree fully to indemnify us, our directors, employees, suppliers or other representatives from and against all liabilities against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website. We may terminate your use of the website immediately if we consider that you have breached these terms and conditions.
§ 9. Final Provisions
(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this jurisdiction of the law shall only apply insofar as the protection granted by mandatory consumer protection provisions of the State in which the consumer has his/her habitual residence, is withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods) do not apply.
(2) If the customer is a merchant, legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the registered office of Römer und Chmela GbR. The same applies if the customer does not have a general place of jurisdiction in Germany, or if the place of residence or habitual residence is not known at the time of the action. The right to appeal to another court of jurisdiction remains unaffected thereby.