General Terms And Conditions
1. Scope of application
These general terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his trade, business, or profession.
With regard to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they will only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Oryoki, work.id Gesellschaft für Communication & Marketing mbH.
The presentation of products in the online shop does not constitute a legally binding offer, but an non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
We accept your offer within two days by
- sending a separate acceptance declaration by e-mail or
- if necessary, by executing the payment transaction through our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see "Payment").
The relevant alternative for you depends on which of the events listed occurs first.
3. Language of the contract, storage of the contract text
The language(s) available for concluding the contract: German
We save the contract text and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the stated product prices, shipping costs may be incurred. You can find more information about any shipping costs that may apply in the offers.
You generally have the option of picking up the goods yourself at ORYOKI, Schäfersteig 37, 78048 Villingen-Schwenningen, Germany during the following business hours: Monday to Friday between 9 a.m. and 12 p.m. or 2 p.m. and 5 p.m.
5. Payment
The following payment methods are generally available in our shop:
Prepayment
If you choose the payment method prepayment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.
PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal Services. Unless otherwise stated below, payment via PayPal Plus does not require registration with PayPal. You will receive further information during the respective payment process and in the ordering process.
PayPal
To be able to pay the invoice amount via the payment option PayPal, you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.
Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.
Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of debiting your account (so-called prenotification). The account will be debited before the goods are dispatched.
Invoice purchase via PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.
Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out within one banking day after the order is placed. A banking day is any working day except Saturdays, national public holidays and December 24th and 31st of each year. You will receive further information during the ordering process.
Cash payment upon collection
You pay the invoice amount in cash when you collect the goods.
6. Right of withdrawal
Consumers have a legal right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following applies additionally: We reserve ownership of the goods until all claims from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance in the amount of the invoice value, irrespective of any connection or mixing of the reserved goods with a new item, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled upon your request to the extent that the realizable value of our securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damages
For consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery company and contact us immediately. The failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance company.
For entrepreneurs: The risk of accidental loss and deterioration passes to you as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.
9. Warranty and guarantees
9.1 Warranty rights
Unless expressly agreed otherwise below, the statutory warranty rights apply.
The following limitations and shortening of periods do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents
- in case of injury to life, body, or health,
- in case of intentional or grossly negligent breach of duty as well as malice,
- in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations),
- within the framework of a guarantee promise, if agreed, or
- if the scope of the Product Liability Act is opened.
Limitations for entrepreneurs
For entrepreneurs, only our own information and the product descriptions of the manufacturer, which have been included in the contract, are considered an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the warranty period for newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.
Regulations for merchants
For merchants, the regulations set forth in § 377 HGB apply. Failure to give notice pursuant to said provision shall have the consequence that the goods shall be deemed to have been approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and customer service
Information on any additional guarantees and their precise conditions that may apply can be found with the product and on special information pages in the online shop.
10. Liability
We shall always be liable without limitation for claims due to damages caused by us, our legal representatives, or vicarious agents
- in case of injury to life, body, or health,
- in case of intentional or grossly negligent breach of duty,
- in case of warranty promises, if agreed, or
- if the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives, or vicarious agents, the liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
11. Code of conduct
We have subjected ourselves to the following codes of conduct:
12. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.
The Universal Arbitration Board of the Federal Government at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, is responsible, www.verbraucher-schlichter.de.
13. Final provisions
If you are a merchant, German law applies, excluding the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Terms and conditions created with the Trusted Shops legal text generator in cooperation with FÖHLISCH Rechtsanwälte.