Terms of service
Termsn and conditions OKE online shop
Last update: 01. April 2020
§ 1 Scope and provider
1. These General Terms and Conditions of Business apply to contracts with us as a provider via the internet site www.oke-shop.de, which you can download from the OKE Online Shop from OKE Automotive GmbH & Co KG (Nobelstrasse 7, 48477 Hörstel, Germany Email: firstname.lastname@example.org, Tel.: +49 5459 914-0; Managing Director: Emerson Nogueira, Alexander Hamann, Commercial Register HR A 5247 Amtsgericht (German Local Court Steinfurt), Germany).
2. The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
3. Our deliveries, services and offers are exclusively based on these General Terms and Conditions. We do not recognise any conflicting, deviating, or additional conditions of the customer unless we have expressly agreed to their validity in writing. These terms and conditions of sale and delivery also apply if we carry out the delivery/service to the customer without reservation, knowing that the customer's terms and conditions contradict or differ from our conditions.
4. The contract language is exclusively German.
5. You can access and print out the current General Terms and Conditions at www.oke-shop.de/agb.
6. A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his/her commercial or self-employed professional activity.
An entrepreneur is any natural person or legal entity or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Conclusion of the contract
1. The subject of the contract is the sale of goods.
2. The presentation of the goods in the internet shop does not represent a binding offer from us to conclude a sales contract. All you are asked is to submit your own offer to conclude a contract by placing an order.
3. The contract is concluded via the online shopping cart system as follows:
- The goods intended for purchase are placed in the "shopping cart". By clicking the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes at any time.
- After calling the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is displayed again on the order overview page.
- If you use an instant payment system as your payment method, you will either be taken to the order overview page in our online shop, or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, please make the appropriate selection, or enter your data there.
- Afterwards, you will be redirected back to our online shop to the order overview page. Before sending the order, you have the possibility to check all details again, to change them (using the "back" function of your internet browser) or to cancel the purchase.
- By sending the order via the button “pay for order" you declare the acceptance of the offer in a legally binding manner, through which the contract is concluded.
§ 3 Retention of title; Delivery
1. Unless otherwise agreed, the goods will be delivered from our warehouse to the address given by us.
2. The goods remain our property until the purchase price has been paid in full.
3. By way of exception, we are not obliged to deliver the ordered goods if f the goods have been duly ordered by us but have not been supplied correctly or on time (congruent covering transaction). Provides that we are not responsible for the unavailability of goods and have informed you about the circumstance immediately. Furthermore, we did not assume the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics. (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our supplier.
§ 4 Prices / Maturity
The prices indicated on the product pages contain value-added tax and other price components and do not include the respective shipping costs.
For more information on shipping costs, please visit our website at: shipping information, terms of delivery.
§ 5 Shipping costs
Shipping within the Federal Republic of Germany (except islands):
Set with 100 masks shipping costs GLS: €3.50 incl. VAT per set.
Set of 800 masks shipping costs GLS: €4.50 incl. VAT per set.
The dispatch is exclusively within the Federal Republic of Germany (except islands).
§ 6 Deliveries and delivery restrictions
The delivery of the ordered goods and services are affected by mail or truck by us, our vicarious agents or by a forwarding agent commissioned by us. We are not obliged to unpack, set up or assemble the goods unless this has been agreed separately. We are entitled to make partial deliveries, as far as these are reasonable for the customer and without charging the customer additional delivery costs. We reserve the right to combine several ordered articles in one delivery.
§ 7 Terms of payment
1. The payment is optionally made by:
credit card (Visa, Mastercard, American Express),
There are no additional costs for any of the payment methods mentioned
2. If you fall behind with a payment, you are obliged to pay the statutory default interest of five percentage points above the base interest rate. For each reminder letter that is sent to you, you will be charged a reminder fee of €2.50, unless lower or higher damages are proven in individual cases.
§ 8 Cancellation policy
1. If the customer is a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor his/her independent professional activity (consumer), the customer has a right of revocation.
2. You have the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 days from the day you took possession of the last goods.
The right of revocation expires in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
In order to exercise your right of revocation, you must inform us by means of a clear statement (e.g. a letter, fax or email sent by post) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
3. Sample cancellation form for consumers
(If you want to use our sample, please fill out this form and send it back)
OKE Automotive GmbH & Co KG
48477 Hörstel, Germany
-I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
-Ordered on (*)/received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choice of a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction unless expressly agreed otherwise with you, and in no event will you be charged for this refund.
§ 9 Damage in transit
1. If goods with obvious transport damages are delivered, please claim such errors immediately to the deliverer and contact us as soon as possible.
2. Failure to make a complaint or contact us will have no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.
§ 10 Warranty
1. Unless otherwise agreed, your warranty claims are based on the statutory provisions of the law on the sale of goods §§ 334 et seq. BGB (German Civil Code).
2. If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods is one year, in deviation from the statutory provisions. This limitation does not apply to claims based on damages resulting from injury to life, body or health or the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of a contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), nor to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or its vicarious agents.
3. In all other respects, the statutory provisions apply to the warranties. In particular, the two-year limitation period in accordance with § 438 (1) No. 3 BGB.
4. If you are an entrepreneur in the sense of § 14 BGB, the legal regulations apply with the following modifications:
Only our own specifications and the manufacturer's product descriptions are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later than the time of discovery.
In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims are excluded. In the event of defects, we shall provide warranty at our discretion either by repair or replacement (subsequent performance). In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods. If the supplementary performance fails 2 times, you may choose to demand a reduction in price or withdraw from the contract. The warranty period is one year from delivery of the goods.
§ 11 Liability
1. Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. In the case of slight negligence, we are liable for damages resulting from injury to life, body, and health of persons.
2. In all other respects the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected. This limitation of liability also applies in favour of our vicarious agents.
§ 12 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order without the need to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
We shall endeavour to settle any differences of opinion arising from our contract amicably. Furthermore, we are not obliged to participate in a conciliation procedure, and unfortunately, we cannot offer you the opportunity to participate in such a procedure
§ 13 Offsetting
The customer will only have an offset right if his/her claim for offsetting has been legally established or is undisputed.
§ 14 Choice of law & place of jurisdiction
1. The law of the Federal Republic of Germany applies to the contractual relationship between the provider and the customer. The mandatory consumer protection regulations of the country in which the customer has his/her habitual residence are excluded from this choice of law. The application of the UN Sales Convention is excluded.2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the provider's registered office, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 15 Severability Clause
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions will not be affected.
§ 16 Notice in accordance with § 36 VSBG (German Consumer Dispute Settlement Act)
OKE Automotive GmbH & Co KG does not take part in any dispute settlement proceedings before a consumer arbitration board.
§ 17 European Online Dispute Resolution (complaint procedure)
Online dispute resolution in accordance with Art. 14 para. 1 ODR-Regulation: The European Commission provides an Online Dispute Resolution (OS) platform, which can be found at ec.europa.eu/consumers/odr/
§ 18 Final provisions
1. Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions will not be affected.