Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (B&F Oberwerth GmbH & Co. KG) via the oberwerth.com/ website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Accessibility
(1) In accordance with § 14 para. 1 no. 2 in conjunction with. Annex 3 No. 1 BFSG, we provide information on how our website or our services in electronic commerce meet the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g. "Accessibility Statement" or similar designation) on our website and includes the following points in particular:
- a description of the applicable accessibility requirements;
- a general description of the service in an accessible format;
- descriptions and explanations necessary to understand how the service is provided
- a description of how the service meets the relevant accessibility requirements.
(2) The contact details of the competent market surveillance authority are as follows:
Market Surveillance Authority of the Federal States for the Accessibility of Products and Services - Institution under Public Law (MLBF AöR)
Carl-Miller-Str. 6 39112
Magdeburg
Telephone: +49 391 567 6970
E-mail: kontakt@mlbf-barrierefrei.de
(3) We may use artificial intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to take into account a variety of possible disabilities, including visual, auditory, physical, linguistic, cognitive and neurological impairments. Further details can be found under the separate, appropriately labeled button on our website referred to in paragraph 1.
(4) Our website or our services in electronic commerce are barrier-free if they can be found, accessed and used by people with disabilities in the generally accepted manner, without any particular difficulty and in principle without outside help.
(5) The measures for implementing the accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (if videos are included on the website), easily readable and understandable language, compatibility with all common screen readers (screen reading aids), adaptable display options for different end devices (smartphones, tablets, desktop computers, etc.).
§ 3 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking on the "Checkout" or "Continue to order" button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview. If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store. Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order. By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 Customized goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.
§ 5 Special agreements on payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If a payment method is selected that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments" If you select a payment method that is offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), the payment will be processed via the payment service provider Stripe Payments Europe, Ltd (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly labeled button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about Shopify Payments at https://www.shopify.com/de/legal/terms-payments/de.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship. (
2) The goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) The statutory warranty rights apply.
(2) Insofar as you are informed of this by us before submitting the contractual declaration and this has been expressly and separately agreed, the limitation period for claims for defects for used goods is one year from delivery of the goods. The above limitation shall not apply: - to culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence; - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(5) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(6) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the seller
B&F Oberwerth GmbH & Co KG
Telephone: +49 (0)261 9888 2444
E-mail: info@oberwerth.com
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3 Contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer.
5 Prices and terms of payment
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6 Terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7 Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 22.10.2024