Terms of service
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Terms
- Reservation of Proprietary Rights
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions ("GTC") of Oktopulli GmbH ("Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur ("Customer") concludes with the Seller regarding the goods displayed by the Seller in their online shop. The inclusion of the Customer's own conditions is hereby objected to unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the supply of vouchers unless expressly agreed otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction predominantly for purposes that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers but serve to make a binding offer by the Customer.
2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. After placing the selected goods into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button concluding the order process.
2.3 The Seller may accept the Customer’s offer within five days by:
- sending the Customer a written order confirmation or confirmation in text form (fax or email), in which case receipt by the Customer is decisive, or
- delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after submission of their order.
If several of the above alternatives are present, the contract is concluded at the time one of these alternatives first occurs. The acceptance period begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within this period, it is considered rejected, and the Customer is no longer bound by their declaration of intent.
2.4 When choosing a payment method offered by PayPal, payment processing occurs through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to PayPal’s terms, available at PayPal User Agreement or, if the Customer does not have a PayPal account, under the conditions for payments without a PayPal account, available at PayPal Privacy. If paying through PayPal, the Seller declares acceptance at the moment the Customer clicks the button concluding the ordering process.
2.5 Upon submission via the Seller’s online order form, the contract text will be stored by the Seller and sent to the Customer after submission in text form (email, fax, or letter). Further accessibility of the contract text by the Seller does not occur. If the Customer has created a user account in the Seller's online shop, the order data can be accessed by logging into their password-protected user account.
2.6 Before submitting the binding order via the Seller’s online form, the Customer can identify input errors by carefully reading the displayed information. The zoom function of the browser can assist in recognizing errors. Inputs can be corrected using standard keyboard and mouse functions until clicking the final button to submit the order.
2.7 The German language exclusively is available for contract conclusion.
2.8 Order processing and communication typically occur via email and automated processes. The Customer must ensure that their provided email address is correct and that emails from the Seller or third parties commissioned by the Seller can be received, especially when using SPAM filters.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further details can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless stated otherwise, prices are total prices including statutory VAT. Additional shipping costs are listed separately.
4.2 Payment options are indicated in the Seller’s online shop.
4.3 If advance payment via bank transfer is agreed, payment is due immediately after contract conclusion unless otherwise agreed.
5) Delivery and Shipping Terms
5.1 Goods are delivered to the address provided by the Customer unless otherwise agreed.
6) Reservation of Proprietary Rights
The Seller retains ownership of delivered goods until complete payment has been received.
7) Liability for Defects (Warranty)
7.1 In the event of defective goods, statutory warranty provisions apply.
8) Redemption of Promotional Vouchers
8.1 Promotional vouchers issued by the Seller as part of promotions can only be redeemed online within the specified period.
9) Redemption of Gift Vouchers
9.1 Gift vouchers can only be redeemed online.
10) Applicable Law
German law applies exclusively, excluding international sales laws.
11) Place of Jurisdiction
Exclusive jurisdiction for disputes with commercial customers is the Seller’s registered office.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
12.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.