General Terms and Conditions
For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.
For Germany applies: Consumers are according to § 13 BGB any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.
For Austria: In the following terms and conditions, "consumer" shall be understood as "consumer" in the sense of the Consumer Protection Act (KSchG).
For Switzerland: In the following terms and conditions, "consumer" shall be understood as "consumer" according to Swiss law.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
The purchase contract shall be concluded with B&F Oberwerth GmbH & Co. KG.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. 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 order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
The language(s) available for the conclusion of the contract: German, English
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
In addition to the stated product prices, shipping costs may still be incurred. You can find out more about any shipping costs in the offers.
We deliver only in the dispatch way. A pickup of the goods is unfortunately not possible.
In our store, the following payment methods are generally available:
Credit card
With the submission of the order, you provide your credit card information. Your card will be charged immediately after placing the order.
PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
PayPal may offer registered PayPal customers selected according to its own criteria additional payment modalities in the customer account. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions in the order process.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.
Amazon Pay
In order 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, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be executed within one banking day after placing the order. You will receive further instructions in the order process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer the following payment options. Payment via Klarna is only available to consumers. Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further instructions with the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice.
You are entitled to the statutory right of withdrawal, as described in the cancellation policy.
The goods remain our property until full payment. For customers domiciled in Switzerland, we are entitled to make a corresponding entry in the retention of title register.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
The statutory law on liability for defects shall apply.
For consumers domiciled in Switzerland, the following shallapply:
They shall, as soon as is practicable in the ordinary course of business, inspect the quality of the goods received and, if defects arise for which the seller is liable, notify the seller immediately. If the consumer fails to do so, the purchased item shall be deemed to have been accepted, unless the defects were not apparent during the normal course of business. If such defects are discovered later, the notification must be made immediately after discovery, otherwise the item shall be deemed approved also with regard to these defects.
Send the defective product back to us with a description of the defect. You shall bear the transport costs incurred. We provide warranty by rectifying defects. This is done at our discretion either by eliminating the defect (rectification) or delivery of a defect-free item (replacement). If the subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to price reduction is excluded.
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: telephone support and advice between 08:00 and 16:00 (GMT+1 Berlin) +49 (0)261 9888 2444 info@oberwerth.com
For claims based on damages caused by us, our legal representatives or vicarious agents, our liability is always unlimited
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages shall be excluded.
We have submitted to the following codes of conduct:
You can secure orders placed with us free of charge up to a certain order value via the buyer protection of Trusted Shops AG. In addition, Trusted Shops together with a guarantor offers a chargeable protection. The Trusted Shops buyer protection conditions apply, which you can findhere. The conclusion of the buyer protection is done by clicking on the correspondingly designated button of the so-called Trustcard, which appears as a pop-up on the order thank you page after an order has been placed. In order to be able to offer you buyer protection, the trustcard must access order data that is stored in the cache of your browser. Access is only local and no order data is transmitted to Trusted Shops before you have actively opted in to buyer protection or have consented to order data being transmitted to Trusted Shops. If you have given your consent, a hash value of your e-mail address and the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically secured. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms and Conditions linked above.
The European Commission provides a platform for online dispute resolution (OS), which you can findhere. We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant in the sense of the German 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.
AGB created with theTrusted Shops legal text editor