Terms of service
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 General Provisions
(1) The following terms and conditions apply to contracts that you enter into with us, the provider (B&F Oberwerth GmbH & CO. KG), via the website oberwerth.com/. Unless otherwise agreed, we do not accept the inclusion of any terms and conditions you may use.
(2) For the purposes of the provisions below, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business operator is any natural or legal person, or a partnership with legal capacity, that acts in the course of its independent professional or commercial activity when entering into a legal transaction.
§ 2 Accessibility
(1) Pursuant to Section 14(1)(2) in conjunction with Annex 3, No. 1 of the BFSG, we provide information on how our website and our e-commerce services comply with the accessibility requirements of the relevant regulation (BFSGV). This information is accessible via a separate, appropriately labeled button (e.g., “Accessibility Statement” or a similar label) on our website and includes, in particular, the following points:
- 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 information for the competent market surveillance authority is as follows:
State Market Surveillance Agency for the Accessibility of Products and Services—Public-Law Institution (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Phone: +49 391 289 230 23
Email: kontakt@mlbf-barrierefrei.de
(3) We may use artificial intelligence (AI) and specialized tools to implement accessibility requirements on our website. This is intended to accommodate a wide range of potential disabilities, including visual, hearing, physical, speech, cognitive, and neurological impairments. You can find further details by clicking the separate, appropriately labeled button on our website mentioned in paragraph 1.
(4) Our website or our e-commerce service is considered accessible if it can be found, accessed, and used by people with disabilities in the usual manner, without undue difficulty, and generally without the need for assistance from others.
(5) Measures to implement accessibility requirements include, for example, clearly legible font sizes and sufficient color contrast, navigation via mouse and keyboard, alternative text for images, captions and audio descriptions in videos (if videos are embedded on the website), language that is easy to read and understand, compatibility with all common screen readers, and customizable display options for various devices (smartphones, tablets, desktop computers, etc.).
§ 3 Formation of the Contract
(1) The subject matter of this contract is the sale of goods.
(2) Simply by listing the respective product on our website, we are making you a binding offer to enter into a contract via the online shopping cart system under the terms specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in the "Shopping Cart." You can access the "Shopping Cart" by clicking the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or similar label) and entering your personal information as well as the payment and shipping details, the order details will be displayed to you in a summary.
If you choose an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be directed to the order summary page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your information there. Finally, the order details will be displayed as an order summary on the instant payment system provider’s website or after you have been redirected back to our online store.
Before submitting your order, you have the option to review the information in the order summary, make changes (including by using your web browser's "Back" button), or cancel the order.
By submitting your order using the corresponding button ("Place Order with Payment," "Buy" / "Buy Now," "Place Order with Payment," "Pay" / "Pay Now," or similar wording), you are legally bound to accept the offer, thereby entering into the contract.
(4) Your requests for a quote are nonbinding. We will provide you with a binding quote in writing (e.g., by email), which you may accept within 5 days (unless a different deadline is specified in the quote).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct and that you are technically able to receive emails.
§ 4 Custom-Designed Goods
(1) You shall provide us with the appropriate information, text, or files necessary for the customization of the goods via the online ordering system or by email. Any specifications we provide regarding file formats must be followed.
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular, copyrights, rights to a name, and trademark rights) or violates applicable laws.
In the event of a breach of this obligation, you shall be liable to us for any damages we incur in this connection as a result of claims by third parties that are validly asserted against us. This shall not apply if you are not responsible for the infringement.
(3) You are required to verify that the data is accurate before submitting it. We do not verify the submitted data.
§ 5 Special Provisions Regarding Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," payment processing is handled by 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 available through “PayPal” are displayed under a corresponding button on our website as well as during the online ordering process. “PayPal” may use additional payment services to process payments; if special payment terms apply in this regard, you will be notified of them separately. For more information about “PayPal,” please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select a payment method offered through "Shopify Payments," the Shopify Payments service provided by Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is handled by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”). The individual payment methods available through Shopify Payments are displayed under a corresponding button on our website as well as during the online ordering process. Stripe may use additional payment services to process payments; if special payment terms apply in this regard, you will be notified of them separately. For more information about Shopify Payments, please visit https://www.shopify.com/de/legal/terms-payments/de.
§ 6 Right of Retention, Retention of Title
(1) You may exercise a right of retention only to the extent that the claims arise 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 rights regarding liability for defects apply.
(2) Provided that we notify you of this prior to your submission of the contract declaration and this has been expressly and separately agreed upon, the statute of limitations for claims for defects in used goods is one year from the date of delivery of the goods. The foregoing limitation does not apply:
- for damages attributable to us that result from injury to life, body, or health, and for other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have provided a warranty regarding the quality of the goods.
(3) As a consumer, you are asked to inspect the goods immediately upon delivery to ensure they are complete and free of obvious defects or shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(4) If a characteristic of the goods deviates from the objective requirements, such deviation shall be deemed agreed upon only if you were notified of it by us prior to our submission of the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence (principle of favorability).
(2) The place of performance for all obligations arising from business relationships with us, as well as the venue for legal proceedings, is our registered office, provided that you are not a consumer but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time the action is filed. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected by this provision.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Seller's Identity
B&F Oberwerth GmbH & CO. KG
Friedrich-Mohr-Str 13
56070 Koblenz
Germany
Phone: +4926198882444
Email: info@oberwerth.com
We are willing, but not obligated, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps involved in concluding the contract, the conclusion of the contract itself, and the options for corrections are governed by the provisions on “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Language of the Contract, Storage of the Contract Text
3.1. The language of the contract is German.
3.2. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, the contract details can be printed using the browser’s print function or saved electronically. Once we receive your order, we will resend the order details, the legally required information for distance sales contracts, and the General Terms and Conditions to you via email.
3.3. For quote requests made outside of the online shopping cart system, you will receive all contract details in writing as part of a binding offer—for example, via email—which you can print out or save electronically.
4. Essential characteristics of the good or service
The key features of the product and/or service are listed in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be viewed by clicking a button labeled accordingly on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.
5.3. If the shipment is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you are responsible for paying.
5.4. You are responsible for any costs incurred in connection with the money transfer (bank transfer or foreign exchange fees charged by financial institutions) 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 listed under a button with the corresponding label on our website or in the respective offer.
5.6. Unless otherwise specified for each payment method, payment obligations arising from the concluded contract are due immediately.
6. Terms of Delivery
6.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the item sold during shipment does not pass to you until the goods are delivered to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently engaged a carrier not designated by the seller or any other person designated to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These Terms and Conditions and Customer Information were drafted by lawyers at Händlerbund who specialize in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.