Terms of service
Here is the professional translation of your General Terms and Conditions (GTC) into English. I’ve maintained the standard legal terminology used in European e-commerce to ensure it’s clear for your international customers.
General Terms and Conditions with Customer Information
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Table of Contents
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Scope of Application
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Conclusion of the Contract
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Right of Withdrawal
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Prices and Payment Terms
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Delivery and Shipping Conditions
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Granting of Rights of Use for Digital Content
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Retention of Title
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Liability for Defects (Warranty)
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Redemption of Promotional Vouchers
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Redemption of Gift Vouchers
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Applicable Law
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Place of Jurisdiction
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Code of Conduct
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Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of OONIQUE GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby rejected, unless otherwise agreed.
1.2 For contracts regarding the delivery of vouchers, these GTC apply accordingly, unless otherwise regulated.
1.3 For contracts regarding the delivery of tickets, these GTC apply accordingly, unless otherwise expressly regulated. These GTC only regulate the sale of tickets for specific events described in the Seller's item description and not the execution of these events. The execution of the events is governed exclusively by the legal provisions between the participant and the organizer.
1.4 For contracts regarding the provision of digital content, these GTC apply accordingly. Digital content refers to data created and provided in digital form.
1.5 A Consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor part of their independent professional activity.
1.6 An Entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the Contract
2.1 Product descriptions in the Seller's online shop do not represent binding offers but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the integrated online order form. After placing goods in the virtual cart and going through the electronic ordering process, the Customer submits a legally binding offer by clicking the button that concludes the order process.
2.3 The Seller can accept the Customer's offer within five days:
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By sending a written order confirmation (fax or email).
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By delivering the ordered goods.
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By requesting payment from the Customer after the order is placed.
2.4 If PayPal is selected, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A. The contract is concluded the moment the Customer clicks the button concluding the order process.
2.5 If Amazon Payments is selected, the Seller declares acceptance of the offer at the moment the Customer triggers the payment process.
2.6 The contract text is stored by the Seller and sent to the Customer in text form (email/letter) after the order.
2.7 Before submitting the binding order, the Customer can identify and correct input errors using standard keyboard and mouse functions.
2.8 The contract can be concluded in German and English.
2.9 Order processing usually takes place via email. The Customer must ensure the provided email address is correct and SPAM filters allow delivery.
2.10 For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen. They handle customs clearance, invoicing, and delivery in Switzerland. This service is included in the purchase price.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal. 3.2 Further details can be found in the Seller's separate Cancellation Policy.
4) Prices and Payment Terms
4.1 Prices are total prices including statutory VAT. Shipping costs are specified separately. 4.2 For deliveries outside the EU, additional costs (customs, taxes, or bank fees) may apply, which the Customer must bear. 4.3 Payment options are communicated in the online shop. 4.4-4.8 Details regarding PayPal, Shopify Payments, Stripe, and Klarna are governed by their respective terms. The Seller remains the contact person for general inquiries (delivery, returns, etc.) even in the case of debt assignment.
5) Delivery and Shipping Conditions
5.1 Delivery is made to the address specified by the Customer. 5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred. 5.3 If the Customer is an Entrepreneur, the risk of loss passes as soon as the goods are handed to the carrier. For Consumers, the risk passes upon physical possession. 5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect self-supply by sub-vendors. 5.5 Self-collection is not possible for logistical reasons. 5.6-5.8 Vouchers, tickets, and digital content are provided via download, email, or post as specified.
6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise stated, the Seller grants the Customer a non-exclusive, locally and temporally unlimited right to use the content for private purposes only. 6.2 Transfer to third parties or creating copies for third parties is prohibited.
7) Retention of Title
The Seller retains ownership of the delivered goods until the purchase price is paid in full.
8) Liability for Defects (Warranty)
8.1 Statutory liability for defects applies. 8.2 For Entrepreneurs: The Seller chooses the type of supplementary performance; the limitation period for new goods is one year; for used goods, rights are excluded. 8.5 For Merchants (Kaufmann), the duty to inspect and give notice of defects pursuant to § 377 HGB applies. 8.6 Consumers are requested to report obvious transport damage to the deliverer and the Seller.
9) & 10) Promotional and Gift Vouchers
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Promotional Vouchers: Cannot be purchased, valid for a specific period, one per order, and only for Consumers.
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Gift Vouchers: Purchased via the shop, valid until the end of the third year after purchase, transferable, and can be used for multiple orders until the balance is exhausted.
11) Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For Consumers, this choice of law only applies if it does not deprive them of the protection of mandatory provisions of the law of their country of residence.
12) Place of Jurisdiction
If the Customer is a merchant, the place of jurisdiction is the Seller's place of business (Munich).
13) Code of Conduct
The Seller adheres to the Trusted Shops quality criteria.
14) Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr. 14.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
