Terms and Conditions
General Terms and Conditions of Business
- 1 General / Conclusion of Contract
(1) The following terms and conditions apply exclusively to the contracts concluded between the company OxyCare GmbH, Holzweide 6, 28307 Bremen (hereinafter referred to as OxyCare GmbH) and its customers by way of ordering goods in the online shop at http://www.oxycare.eu/ (hereinafter referred to as online shop) or by using means of remote communication. Any terms and conditions of the customer deviating from our terms and conditions shall not be valid. Insofar as we conclude individual agreements with customers that deviate from the terms and conditions in individual cases, these shall take precedence.
(2) A contract between OxyCare GmbH and the customer is concluded by offer and acceptance. OxyCare GmbH sells goods through its own online shop.
(3) The placement of the goods in the online shop of OxyCare GmbH at the Internet address http://www.oxycare.eu/ does not constitute an offer, but is to be understood merely as an invitation by the customer to OxyCare GmbH to submit an offer. By completing the order process in the online shop of OxyCare GmbH, the customer submits an offer to OxyCare GmbH. The offer is made by electronic transmission of the order in the online shop to OxyCare GmbH by confirmed dispatch of the order. Subject to revocation, the customer is bound to the offer for 3 working days after receipt; during this time OxyCare GmbH may accept the offer. After receipt of the offer, its receipt will be confirmed electronically by sending an email by OxyCare GmbH. The order confirmation does not constitute an acceptance of the orderer's offer - except in the case of the payment method "payment in advance". The purchase contract is concluded upon acceptance of the order by OxyCare GmbH, at the latest upon delivery of the goods. The acceptance or delivery takes place within 3 working days. In the case of the payment method "payment in advance", the contract is already concluded by the order confirmation. OxyCare GmbH reserves the right to reject a customer's order.
(4) Dimensions, weights, content or quality specifications and other performance data which can be viewed on the Internet pages http://www.oxycare.eu/ do not constitute a guarantee of quality or durability within the meaning of § 443 BGB (German Civil Code). Errors, mistakes or inaccuracies in the information on the homepage and the illustrations mentioned and in brochures/flyers remain reserved.
(5) All goods and articles are generally offered, sold and delivered without pictured decorations.
- § 2 Right of withdrawal / cancellation policy
Below you will find instructions on the prerequisites and consequences of the statutory right of revocation for mail-order purchases.
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Cancellation policy for consumers
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must send us
OxyCare GmbH, Holzweide 6, 28307 Bremen, Germany
Telephone: 0421-48 99 6-6
Fax: 0421-48 99 6-99
e-mail: [email protected]
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal
Unless otherwise stipulated, the right of revocation does not apply to distance contracts:
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
for the delivery of goods which can spoil quickly or whose expiry date would be quickly exceeded,
for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
End of the cancellation policy
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- 3 Withdrawal by OxyCare GmbH in the event of non-availability of the goods
(1) OxyCare GmbH reserves the right to withdraw from the contract concluded in the event of non-delivery or insufficient delivery by a supplier if the non-delivery or insufficient delivery occurred despite timely order with the supplier and without our fault. In this case, OxyCare GmbH will inform the customer immediately after becoming aware of the non-availability of the goods and will immediately refund to the customer any consideration already received.
(2) OxyCare GmbH has the same right in case of non-availability of the goods due to force majeure.
- 4 Terms of payment, shipping costs
(1) The purchase price is determined by the price stated in the online shop. This respective price of the respective goods is inclusive of the statutory value-added tax. In addition, flat-rate costs for packaging and shipping may be incurred. However, their amount is then listed separately in advance of the conclusion of the contract.
(2) Subject to other agreements, the purchase price shall be due for payment by way of the payment options stated in the shop. :
Cash payment on collection
Credit card / EC card
Instant bank transfer
Purchase on account (up to 250 €)
Payment by direct debit SEPA
Please click here -Your payment options- to get detailed information about the payment options. Please note that certain payment methods may be subject to a credit check."
(3) The shipping costs are
for shipping within Germany - € 5,95 gross for an order value up to € 49.99;
For an order value of € 50.00 gross or more, shipping within Germany is free of charge, excluding bulky goods;
We are also happy to ship goods to all European countries. In this case, we will inform you in advance of the shipping costs, as they depend on the weight and size of the package. Please refer to our overview of shipping and costs for the respective costs.
Please note that deliveries to non-EU countries are subject to additional customs duties, taxes and fees.
(6) If the purchase price to be paid to OxyCare GmbH is agreed in a currency other than Euro, OxyCare GmbH may demand the corresponding value compensation from the customer in the event of a change of currency parties in accordance with the ECB to the Euro of more than six percent after conclusion of the contract.
- 5 Terms of Delivery
(1)Unless otherwise stated in the offer, the delivery time within Germany is 1-3 days. The delivery time to Austria and Switzerland is 8-10 days, unless otherwise stated in the offer. The delivery conditions for all other European countries can be found in our overview "Shipping and costs".
o (2)We endeavour to deliver in one consignment, but reserve the right to make partial deliveries, insofar as this is reasonable for the customer. We will bear the corresponding additional costs.
(3)The delivery period shall be extended in the event of unforeseen hindrances which lie outside our area of responsibility. The customer will be informed as soon as possible by e-mail if the scheduled delivery times are exceeded or in the case of partial deliveries. The customer may then declare that he is no longer interested in a subsequent delivery. In this case, the money paid in advance will be refunded.
(4)If the customer has not provided complete information for the delivery of the goods or if necessary documents are missing which are required for the execution of the contract, OxyCare GmbH is not obliged to deliver until all necessary data have been received.
(5)Delivery is made via professional transport service providers (e.g. FedEx, DHL; Deutsche Post AG). We ship to the address provided by the customer, shipping to a post office box is not possible. All shipments are insured.
(6)Deliveries are made exclusively within Germany, to Austria and Switzerland. All other countries on request.
(7)If the customer is in default of acceptance or culpably violates other obligations to cooperate, OxyCare GmbH shall be entitled to demand compensation for any damage incurred, including any additional expenses. OxyCare GmbH reserves the right to assert further claims.
(8) The customer shall obtain any necessary permits for the shipment of the goods abroad on its own behalf and at its own expense.
- 6 Transfer of risk
(1) The transfer of risk takes place when the goods are handed over to the customer.
(2) If goods are delivered with obvious transport damage, we ask the customer to immediately complain about such defects to the delivery company and to contact us as soon as possible (at 0049 (0) 421 -489966). Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help SH to be able to assert its own claims against the carrier or the transport insurance.
- 7 Retention of title
(1) OxyCare GmbH shall retain title to the goods until all claims arising from the contractual relationship, including all ancillary costs, have been satisfied in full. If the customer is in default, OxyCare GmbH shall be entitled to demand the return of the goods in accordance with the statutory provisions without setting a further deadline.
(2) Any processing of the goods by the customer shall be carried out for OxyCare GmbH. If the goods are combined with objects that do not belong to OxyCare GmbH, OxyCare GmbH shall acquire co-ownership of the newly produced object in the ratio of the value of the goods acquired from OxyCare GmbH to the other objects at the time of combination.
- 8 Warranty Conditions
(1) The customer of OxyCare GmbH is entitled to the statutory warranty claims in accordance with the following provisions. In case of delivery of defective new goods, the customer has the right to demand supplementary performance by way of delivery of defect-free goods or rectification of defects within 2 years at his discretion; special periods apply to rechargeable batteries. For used goods, the customer is entitled to the warranty right for a period of one year. If the type of subsequent performance chosen by the customer involves disproportionate costs, OxyCare GmbH is entitled to refuse the chosen type of subsequent performance. In this case, the customer's claim shall be limited to the other type of subsequent performance.
(2) Damage caused by unsuitable or improper handling or use, faulty assembly by the customer or a third party, non-compliance with the operating and/or maintenance instructions, modifications to the products, installation of parts or consumables that do not comply with the original specification, natural wear and tear, chemical, electrochemical or electrical influences, insofar as OxyCare GmbH is not responsible for them, shall not be subject to the warranty.
- 9 Liability
(1) OxyCare GmbH shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. In such cases, OxyCare GmbH shall be liable for injury to life, body or health, or for culpable violation of essential contractual obligations. The claim for damages for the violation of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless a case of mandatory liability according to the preceding sentences is given at the same time.
(2) The above provision shall not apply to liability pursuant to §§ 1,4 of the Product Liability Act.
(3) The provisions of the above paragraphs shall apply to all claims for damages, irrespective of the legal grounds, in particular due to defects, the breach of obligations arising from this contractual relationship or from tort. They also apply to the reimbursement of futile expenses. OxyCare GmbH shall be liable for its vicarious agents in accordance with the statutory provisions.
(4) OxyCare GmbH shall be liable for other damages in the event of a breach of duty that does not relate to essential contractual obligations for itself and its vicarious agents only in the event of gross negligence, unless the achievement of the purpose of the contract is jeopardized thereby. In this case, only the liability of OxyCare GmbH for itself and its vicarious agents for simple negligence is excluded.
(5) If OxyCare GmbH is in default of delivery, the damage caused thereby shall be limited to the foreseeable damage in case of slight negligence and shall not exceed 5 % of the purchase price. This shall not affect any further claims for damages based on intent or gross negligence.
(6) Any further claim for damages is hereby expressly excluded.
- § 10 Supplier identification
E-mail: [email protected]
Fax: 0421 - 48 99 6-99
Register court: Bremen Local Court
Registration number: HRB 19951
Tax ID No.: DE 203810466
Tax No.: 60 125 02212
- 11 Place of performance
The place of performance and payment is the registered office of OxyCare GmbH. The law of the Federal Republic of Germany shall apply.
- 12 Data protection notice
The customer is aware of and consents to the fact that OxyCare GmbH stores the data necessary for the execution of the concluded contract. OxyCare GmbH will not transfer the stored data to third parties unless this is necessary for the dispatch of the goods or for invoicing purposes. The customer may request the deletion of the stored data at any time.
- § 13 Final provisions
(1) If individual provisions of these general terms and conditions are invalid, this shall not affect the validity of the remaining provisions.
(2) Any agreement deviating from these General Terms and Conditions must be in writing. This also applies to the agreement on the change of the terms and conditions themselves.