TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS / RIGHT OF CANCELLATION (Section 8 of the General Terms and Conditions)
Section 1 Area of Application
(1) The following terms and conditions are a component of every contract between Olando Limited, 61 Tideslea Tower, Erebus Drive, London SE28 0GF, UK, represented by its CEO Mr. Daniel van Hoogen with the same business address (hereafter: Olando) and the Customer.
(2) Olando shall perform its services exclusively on basis of these terms and conditions.
Section 2 Conclusion of a Contract
(1) The presentation of goods, particularly on the internet, does not constitute a binding offer by Olando.
(2) According to Section 151 p. 1 of the BGB (German Civil Code), the Customer waives such acceptance. Contracts are concluded by the two parties when we accept the offer of the customer within 10 days in written form or in text form or send the ordered goods to the customer or when the customer pays in advance. In the event, the agreed upon payment type is payment in advance, we accept the offer at that point in time, when the customer submits the payment in advance, if the payment is received within 10 days of the submitted order.
Section 3 Data Protection
(1) Olando uses the data you provided in accordance with the regulations of the German Data Protection Act.
(2) Your personal data will only be used for processing the agreed upon contract between Olando and yourself (e.g., for billing purposes). Your personal data will not be used for any purposes beyond this contract such as for advertising, market research or for tailoring our offers to your needs.
(3) Information regarding the type and extent of data storage of your personal information is available in the section entitled Data protection.
(4) You have the right to receive information as well as to correct, block and delete your stored data.
Section 4 Delivery Terms
(1) Should additional delivery charges accrue for Olando due to the indication of an incorrect delivery address or an incorrect addressee, these charges shall be compensated for by the customer unless he/she is not responsible for this misinformation.
Section 5 Payment Terms
(1) The purchase price is due immediately after conclusion of the contract. The following methods of payment are accepted for the purchase price: online transfer, credit card, Paypal, advance payment (for deliveries inside Germany only) and EU standard transfers (for deliveries outside Germany but inside the European Union).
(2) All prices are understood as actual retail prices including the legally required value added tax.
(3) The customer is responsible for all delivery costs unless other arrangements have been made.
Section 6 Reservation of Ownership
The good shall remain in Olando's possession until full payment has been received.
Section 7 Warranty
(1) Legal requirements apply to the warranty unless differing agreements have been made in Section 7 Subsections 2-3.
(2) The period of limitations for claims based on materials defect liability is 24 months and starts with the delivery of the goods. Should the customer be an entrepreneur (Section 14 Germany Civil Code (BGB)), the period of limitations is 12 months from delivery of the product. This does, however, not apply in the event of loss of life, physical injury and damage to health, breach of material contractual obligations (delivery and transfer of ownership of the product) as well as damages caused by intentional or grossly negligent behaviour. In these cases, the regular statutes of limitations apply.
(3) For merchants, the legal provisions, inspection duties and requirements to give notice of damage according to the German Commercial Code (HGB) shall apply.
Section 8 Right of cancellation
You have the right to cancel your contractual declaration within the first14 days in writing (letter, fax, or e-mail) without stating reasons. If you have received the item within the 14-day-deadline, you may also simply return the product. The 14-day-period begins with receipt of this information in text format, but not until the customer receives the item (in the case of recurring deliveries of identical products, not until the first partial delivery was received) and not until we met our information obligations in accordance with Article 246 Section 2 in connection with Section 1 Subsections 1 and 2 EGBGB as well as our obligations according to Section 312g Subsection 1 P. 1 BGB in connection with Article 246 Section 3 EGBGB. Your right is ensured if your written cancellation and/or the return of the goods takes place during the time limit.
For cancellations, please contact:
61 Tideslea Tower, Erebus Drive
London SE28 0GF
Administrative board authorised to represent: Daniel van Hoogen
phone: +44 (0)7580 512 678
Consequences of cancellation
In the event of an effective cancellation the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return the received goods, or services, or benefits (e. g. benefits from use) in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. You have to provide compensation for a deterioration caused and for benefits enjoyed only insofar, as you have used the good in a way that goes beyond inspection of characteristics and functionality. "Inspection of characteristics and functionality" is defined as the testing and checking of the respective good as it is possible and customary, for instance, in a retail shop. Goods that can be dispatched as parcels have to be returned at our risk. Goods that cannot be returned as parcels will be collected from your address. Obligations for refunding of payments must be fulfilled within 30 days. For you the stated period of time starts with the dispatch of your declaration of cancellation or the dispatch of the good, for us it starts with their receipt.
End of cancellation policies
The right of cancellation does not apply to the following goods: products that can spoil quickly or whose expiration date has passed. According to Section 312d Subsection4(1) of the German Civil Code, no cancellation or returns are accepted on distance selling contracts for delivering goods, which were tailored to customer wishes or their specific needs.
Section 9 Agreement to Cover Costs
If you make use of your right of cancellation, you shall cover the regular costs of returned items provided the delivered product corresponds with the order and the cost of the returned item does not exceed 40 Euros or, in case of more expensive items, provided you have not reciprocate or performed the agreed upon partial payment at the point of cancellation. In all other cases, returning goods is free of charge.
Section 10 Limitations of Liability
(1) With the exception of loss of life, physical injury and damage to health as well as the breach of material contractual obligations (delivery and transfer of ownership of the product), Olando is only liable for damages caused by intentional or grossly negligent conduct. This also applies to indirect consequential damages such as a loss of profit in particular.
(2)Apart from intentional or grossly negligent conduct and loss of life, physical injury and damage to health as well as the breach of material contractual obligations (delivery and transfer of ownership of the product), liability is limited to the damage which could typically have been foreseen at conclusion of the contract, and with regard to the size, limited to the contract typical average damages. This also applies to indirect consequential damages such as a loss of profit in particular.
(3) The limitation of liability in Subsections 1 and 2 shall also apply correspondingly in favour of employees and vicarious agents of Olando.
(4) Liability for claims due to the product liability law remain unaffected.
Section 11 Final provisions
(1) This agreement is governed by the laws of the Federal Republic of Germany excluding UN sales law. Mandatory provisions of the State of the customer's ordinary residence shall remain unaffected.
(2) In case the customer is a merchant, corporate body under public law or special fund under public law or the customer has no domestic place of jurisdiction or took up residence abroad after concluding the contract or in case the place of residence is unknown at the time of institution of proceedings, the place of jurisdiction shall be the place of business of Olando in London, United Kingdom. General Terms and Conditions, version: 11 June 2010
Stand der AGB: 11.06.2010
Note regarding the participation in the exemption system of Landbell AG In terms of the sales packaging we previously used for our products and sent to customers, our company now uses the take-back system of Landbell AG, Main (Germany) in order to comply with our legal obligation according to Section 6 VerpackV. More information is available at www.landbell.de.