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Terms

OBS TEX UG
Geltendorferstraße 13
D-86316 FDB, BAY

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Terms
Standard Business Terms and customer information
I. Standard business terms

§ 1 Basic provisions
(1) The following business terms are applicable to all the
contracts, which you conclude with us as a supplier (OBS TEX UG)
via the www.shop.obs-webspace.de website. Unless otherwise agreed
upon, the inclusion, if necessary, of your own conditions is ruled
out.

(2) A ‘consumer’ in the sense of the following regulations is
every natural person who concludes a legal transaction which, to
an overwhelming extent, cannot be attributed to either his
commercial or independent professional activities. The term
‘businessman’ refers to every natural person, legal person or
legally responsible partnership that concludes a legal transaction
in pursuance of his/its independent professional or commercial
activity.

§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) On placing the product in question on our website, we provide
you with a binding offer to conclude a sales agreement subject to
the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping
cart system as follows:
The products intended for purchase are moved to the "shopping
cart". You can select the shopping cart using the appropriate
buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required
personal data and payment and shipping conditions, all order
information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal
Express, Amazon-Payments, Postpay, Sofort) to receive payments,
you will either be guided to our online shop on the order summary
page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and
enter your details as appropriate. You will then be returned to
the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it
(which can also be done via the internet browser’s ‘back’
function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to
pay” button to submit the order, you declare acceptance of the
order in a legally binding way by which the purchase agreement
takes place.

(4) You are not bound by your enquiries regarding the creation of
an offer that have been conveyed to us. We supply you with a
textual and binding offer (e.g. via e-mail), which you can accept
within a period of 5 days.
(5) The execution of the order and the sending of all the details
necessitated by the conclusion of the contract take place via e-
mail, in a partially-automated manner. Consequently, you have to
ensure that the e-mail address that you have deposited with us is
the correct one, and that the receipt of the respective e-mails is
guaranteed. In particular, you have to ensure that the respective
e-mails are not blocked by a SPAM filter.

§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in
question involves claims arising from the same contractual
relationship.
(2) The goods remain our property until the purchase price is paid
in full.

§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product
for completeness, visible defects and transport damage as soon as
it is delivered, and promptly disclose your complaints to us and
the shipping company in writing. Even if you do not comply with
this request, it shall have no effect on your legal warranty
claims.

§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to
customers if it does not result in the revocation of the
protection guaranteed by the mandatory provisions of the law of
the country in which the respective customer’s usual place of
residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity
under public law or an institutional fund governed by public law,
our place of business is the place of jurisdiction as well as the
place of fulfilment for all services that follow from the business
relationships that exist with us. The same condition applies to
situations in which you are not associated with a general place of
jurisdiction in Germany or the EU, as well as situations in which
the place of residence or the usual place of residence is not
known at the time of commencement of proceedings. This has no

bearing on the capacity to call upon the court associated with
another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the
International Sale of Goods are explicitly inapplicable.
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II. Customer information
1. Identity of the seller
OBS TEX UG
GELTENDORFERSTRAßE 13
86316 FRIEDBERG
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court
resolution of disputes (ODR platform), which can be viewed under
https://ec.europa.eu/odr.
We are not willing to enter into dispute resolution proceedings
before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the
contract, the contract conclusion itself and the correction
options are executed in accordance to the regulations "conclusion
of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before
the order is sent, via the online - shopping cart system the
contract data can be printed out or electronically saved using the
browser’s print function. After the order is received by us, the
order data, the legally-mandated details related to distance
selling contracts and the standard business terms are re-sent to
you via e-mail.
3.3 You will be sent all contractual information within the
framework of a binding offer in written form, via E-mail for
example, for quotation requests outside of the online shopping
basket system, which can be printed out or saved electronically in
a secure manner.

4. Main features of the product or service
The key features of the goods and/or services can be found in the
respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total
prices, as do the shipping costs. They include all the price
components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the
purchase price. They can be viewed by clicking the appropriate
button on our website or in the respective quote, are shown
separately over the course of the order transaction and must
additionally be borne by you, insofar as free delivery is not
confirmed.
5.3 If delivery is made to countries outside of the European
Union, we may incur unreasonable additional costs, such as duties,
taxes or money transfer fees (transfer or foreign exchange fees
charged by the banks), which you must bear. You must also bear the
costs arising from money transfers in cases in which the delivery
is made to an EU Member State, but the payment is initiated
outside of the European Union.
5.4 The payment methods that are available to you are shown by
clicking the appropriate button on our website or are disclosed in
the respective quote.
5.5 Unless otherwise specified for the respective payment methods,
the payment claims arising from the contract that has been
concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply
restrictions, if applicable, can be found by clicking the
appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated:
The risk of the sold item accidentally being destroyed or degraded
during shipping only passes over to you when the item in question
is delivered, regardless of whether or not the shipping operation
is insured. This condition does not apply if you have
independently commissioned a transport company that has not been
specified by us or a person who has otherwise been appointed to
execute the shipping operation.

7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in
our General Terms and Conditions of Business (Part I).
last update: 08.08.2018