Terms and conditions

Table of Contents

1. Scope of application
2. Contract conclusion
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods according to specific customer requirements
10. Redeeming promotional vouchers
11. Applicable law
12. Jurisdiction
13. Code of conduct
14. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of OS Motorsystem GmbH & Co. KG (hereinafter referred to as ‘Seller’) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.3 For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Contract conclusion

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, online contact form, post, or telephone.

2.3 The seller may accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the date of receipt of the goods by the customer shall be decisive, or
• by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If you choose a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 If you select the payment method “Amazon Payments,” payment processing will be handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://pay.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the order process.

2.6 When submitting an offer via the seller’s online order form, the contract text is stored by the seller after conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. The seller will not make the contract text available in any other way. If the customer has set up a user account in the seller’s online shop before sending their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.7 Before placing a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.8 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the PayPal payment service is selected, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which it makes advance payments to the customer (e.g., purchase on account or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and returns, or credit notes.

4.6 If you select the payment method “Sofortüberweisung,” payment processing will be handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung,” the customer must have an online banking account that is activated for participation in “Sofortüberweisung,” identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and the customer’s bank account is debited. The customer can find more information about the “Sofortüberweisung” payment method on the Internet at https://www.klarna.com/sofort/.

4.7 If you select a payment method offered via the “Shopify Payments” payment service, payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, which will be communicated to the customer separately if necessary. Further information on Shopify Payments is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping terms

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provisions set out in the seller’s withdrawal policy shall apply to the return shipping costs.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the customer or an authorized recipient upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This shall only apply if the seller is not responsible for the non-delivery and has taken all reasonable care to conclude a specific covering transaction with the supplier. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

5.5 Pickup is not possible for logistical reasons.

6) Retention of title

If the seller makes advance delivery, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:
7.1 Is the customer acting as a business owner?,

• the seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for warranty claims is one year from delivery of the goods;
• The rights to claim for defects are excluded for used goods;
• the limitation period does not start again if a replacement delivery is made under liability for defects.

7.2 The above limitations of liability and reductions in time limits shall not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.

7.5 If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery service and to inform the seller thereof. Failure to do so shall not affect the customer’s statutory or contractual warranty rights.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

8.1 The seller shall be liable without limitation for any legal reason whatsoever.

• in cases of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb, or health,
• on the basis of a warranty promise, unless otherwise specified in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

8.3 Otherwise, the seller shall not be liable.

8.4 The above liability provisions also apply with regard to the seller’s liability for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer requirements

9.1 If, according to the content of the contract, the seller is responsible not only for the delivery of goods but also for the processing of the goods according to specific customer requirements, the customer must provide the seller with all content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights, and personal rights.

9.2 The customer shall indemnify the seller against any claims by third parties that they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer’s content by the seller. The customer shall also bear the necessary costs of legal defense, including all court and attorney’s fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or offends common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Redeeming promotional vouchers

10.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter referred to as “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

10.7 The credit balance of a promotional voucher will not be paid out in cash or bear interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder’s lack of entitlement, legal incapacity, or lack of power of representation.

11) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

12) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller shall in any case be entitled to bring an action before the court at the customer’s place of business.

13) Code of conduct

– The seller has agreed to the terms and conditions for participation in the eCommerce initiative “Fairness in Trade,” which can be found online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

14) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.