General terms and conditions of business
General Terms and Conditions (GTC)
These General Terms and Conditions (GTC) apply to all contracts concluded between the customer and OSHEE WORLD sp. z oo via the online shop www.osheeshop.de .
§ 1 General Provisions
1. The online shop OSHEE SHOP, accessible at www.osheeshop.de (including all subpages), is operated by OSHEE WORLD sp. z oo, based in Krakow, Poland.
The complete details of the seller (including commercial register and VAT identification number – VAT ID No.) can be found in the “Legal Notice” section of the website.
2. These General Terms and Conditions (GTC) govern the use of the online shop, the rights and obligations of the seller and the customers, as well as the conditions for the conclusion and execution of purchase contracts.
3. Before placing an order, the customer has the opportunity to review the terms and conditions. Agreement to the terms and conditions is given by activating the corresponding checkbox during the ordering process.
4. The currently valid version of the General Terms and Conditions can be accessed at any time via the link in the footer of the website and can be downloaded as a PDF.
5. The customer can contact the seller by email at shop@osheeshop.de or via the contact form provided on the website.
6. The customer can save or print the terms and conditions at any time.
§ 2 Definitions
1. Seller – OSHEE WORLD sp. z oo, based in Krakow (Poland).
2. Shop – the seller's online sales platform, accessible at www.osheeshop.de .
3. Customer – any person who places an order in the online shop, regardless of whether they are a consumer or an entrepreneur.
4. Consumers – a natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (§ 13 BGB).
5. entrepreneur – a natural or legal person who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
6. Product – a movable item offered in the online shop.
7. Order – the declaration of intent submitted by the customer via the online order form and confirmed by clicking on the "order with obligation to pay" button, which is aimed at concluding a purchase agreement.
8. Shopping cart – the function of the shop where the customer collects selected products and sets the order details.
§ 3 Order
1. The customer can place orders via the online shop by selecting products from the available range and adding them to the shopping cart.
2. After completing the product selection, the customer goes through the order process, in which he provides the data required for the fulfillment of the contract and selects the shipping and payment methods.
3. Before submitting the order, the customer has the opportunity to check and correct his information.
4. By clicking the "order with obligation to pay" button (corresponding to the "buy now" button used in the online shop), the customer submits a binding offer to conclude a purchase agreement for the goods in the shopping cart.
5. After receiving the order, the customer will receive an order confirmation on a durable medium (email). This confirmation does not yet constitute acceptance of the offer. The contract is concluded when the seller expressly accepts the order or ships the goods. The seller is not obligated to accept orders; this applies in particular if the goods are unavailable. Any payments already made will be refunded immediately in this case.
6. Payment will be made according to the payment method selected during the ordering process.
§ 4 Conclusion of contract, contract language and applicable law
1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to submit an order (invitatio ad offerendum).
2. The customer's submission of the order constitutes a binding offer to conclude a purchase agreement.
3. After receiving the order, the seller will confirm receipt of the order by email. This confirmation of receipt does not yet constitute acceptance of the offer. The purchase agreement is concluded when the seller expressly accepts the order or ships the goods.
4. If an ordered product is unavailable, the seller will inform the customer and will not accept the order. In this case, no contract is formed, and any payments already made will be refunded immediately.
5. The minimum term of the customer's obligations under the contract lasts until full performance or until the right of withdrawal is exercised.
6. The language available for concluding the contract is German. The contract language and text are exclusively German.
7. This contract is governed by Polish law. With respect to consumers with habitual residence in Germany, this choice of law applies only to the extent that they are not deprived of the protection afforded to them by mandatory provisions of German law.
8. The contract text will be transmitted to the customer with the order confirmation on a durable medium (email) and will not be stored in a way that allows later retrieval.
§ 5 Prices, currency and terms of payment
1. All prices listed in the online shop are in euros (€) and are gross prices, meaning they include VAT. Shipping costs are not included in the price and will be displayed separately to the customer before the order is placed.
2. The total amount payable by the customer includes the product price, shipping costs, and any additional fees resulting from the chosen payment method. All costs will be clearly displayed to the customer during the ordering process before the order is completed.
3. Up-to-date information on available payment methods and their terms and conditions can be found on the "Payment Methods" page in the online shop. The availability of individual payment methods may depend on the delivery country or customer status.
4. If you choose prepayment (bank transfer) as your payment method, payment must be made within three business days of receiving the order confirmation. For other payment methods, the charge will be processed according to the terms and conditions of the respective payment method.
5. The price stated when placing the order is the final and binding price at the time of the conclusion of the contract.
6. The seller reserves the right to change prices, introduce new products, or end promotional offers. Such changes do not affect contracts already concluded.
§ 6 Delivery conditions and delivery area
1. Delivery is available within Germany and – if indicated on the "Delivery Time and Shipping Costs" page – also to other EU countries. A current list of countries for which delivery is possible can be found on the shop's website.
2. Shipping takes place within 2 business days after receipt of payment. Public holidays are excluded.
3. The delivery time depends on the shipping method chosen by the customer. The maximum delivery period is 30 days from the conclusion of the contract (§ 475 BGB).
4. If delivery fails to occur after this period, the customer may grant the seller a reasonable grace period for delivery. If this grace period expires without delivery, the customer is entitled to withdraw from the contract (Section 323 of the German Civil Code).
5. Shipping costs are displayed to the customer during the ordering process and can also be viewed on the information page "Delivery time and shipping costs".
§ 7 Voluntary goods inspection upon delivery
1. We ask customers to report any obvious transport damage to the delivery driver immediately, if possible, and to inform the seller. Inspecting the goods is voluntary.
2. Failure to immediately file a complaint or create a damage report does not affect the customer's statutory warranty rights or right of withdrawal, but it may facilitate the processing of transport damage claims. This is not an obligation of the consumer and is not a prerequisite for asserting warranty rights.
3. The risk of accidental loss or accidental damage to the goods only passes to the consumer when the goods are handed over to him or to a person designated by him who is not acting as a carrier (Section 475 Paragraph 2 of the German Civil Code).
§ 8 Right of withdrawal of the consumer
1. The customer, if a consumer, has the right to withdraw from this contract within 14 days without giving any reason.
2. The cancellation period begins on the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes possession of the goods (or the last part of the order). Timely dispatch of the cancellation notice is sufficient to meet the deadline.
3. To exercise the right of withdrawal, the customer must inform the seller of their decision by means of a clear statement (e.g. by letter or email). The statement can be made in any form on a durable medium and should be sent to: shop@osheeshop.de or to the postal address OSHEE WORLD sp. z o.o., Al. 3 Maja 9, 30-062 Krakow, Poland.
4. The customer may use the attached sample cancellation form (Annex 2) , but this is not mandatory.
5. The detailed cancellation policy (Annex 1 of these Terms and Conditions) corresponds to the statutory model according to Annex 1 to Art. 246a § 1 para. 2 sentence 2 EGBGB and is an integral part of these Terms and Conditions.
§ 9 Consequences of revocation and exceptions
1. In the event of cancellation, the seller shall reimburse the customer for all payments received, including delivery costs (excluding any additional costs incurred because the customer chose a delivery method other than the cheapest standard delivery offered by the seller), without undue delay and at the latest within 14 days of receipt of the cancellation notice (Section 357 Paragraph 1 of the German Civil Code). Reimbursement shall be made using the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise.
2. The seller may refuse to refund the money until they have received the goods back or proof of return, whichever comes first.
3. The customer bears the direct costs of returning the goods. Returns must be made within 14 days of submitting the cancellation notice to the following address: Fulfilio Sp. z o.o. – OSHEE DROP IN, ul. Łubińska 10, 05-532 Łubna, Poland. Packages sent collect or cash on delivery will not be accepted. Reimbursement of the initial shipping costs will only be made up to the cost of the cheapest standard delivery.
4. The customer is liable for any loss in value of the goods only if this is due to handling of the goods that was not necessary for checking their condition, properties and functionality.
5. The right of withdrawal does not apply to contracts concerning:
a) the supply of goods which are liable to deteriorate or expire rapidly, e.g. foodstuffs,
b) the supply of sealed goods which are not suitable for return due to health or hygiene reasons if their seal has been removed after delivery, e.g. sealed drinks or concentrates.
Further cases of exclusion of the right of withdrawal arise from Section 312g Paragraph 2 of the German Civil Code (BGB).
§ 10 Statutory liability for defects (warranty)
1. The customer's rights in the event of defects in the goods are governed by the statutory provisions of German sales law (§§ 434 et seq. of the German Civil Code). The seller is liable for material defects that appear within two years of delivery of the goods.
2. Goods are defective if they do not conform to the agreed specifications or are not suitable for the use stipulated in the contract or for their ordinary purpose. The consumer may initially demand subsequent performance, namely repair or replacement (§ 439 German Civil Code).
3. The seller shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, labor and material costs (§ 439 para. 2 BGB).
4. If subsequent performance is impossible, refused by the seller, or not carried out within a reasonable period, the customer may reduce the purchase price or withdraw from the contract (Sections 440, 323 of the German Civil Code). There is no right of withdrawal in the case of insignificant deviations from the contractually agreed quality (Section 323 Paragraph 5 Sentence 2 of the German Civil Code).
5. If a defect appears within twelve months of delivery, it is presumed that it already existed at the time of the transfer of risk (§ 477 para. 1 BGB). After this period, the burden of proof lies with the customer.
6. Complaints can be sent to the seller's address or by email to shop@osheeshop.de . The seller will respond as soon as possible.
7. The foregoing provisions do not affect the statutory rights of the consumer, in particular the right to compensation or withdrawal.
Section 11 Special provisions for businesses (B2B)
1. This paragraph applies exclusively to customers who are entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).
2. Transfer of Risk (Dispatch Sale): When goods are shipped to a business, the risk of accidental loss or accidental damage to the goods passes to the customer upon handover to the carrier (§ 447 German Civil Code). This does not affect the seller's liability under paragraph 5.
3. Duty to inspect and give notice of defects (merchants only): If the customer is a merchant within the meaning of the German Commercial Code (HGB), he must inspect the goods immediately and give notice of any defects immediately after discovery in accordance with Section 377 of the HGB; if the notice is omitted, the goods are deemed to be approved.
4. Warranty (Reduction of Time Limits): Warranty claims by businesses expire within 12 months of delivery. This does not affect claims arising from fraudulent concealment of a defect, assumed guarantees, or the cases described in paragraph 5.
5. Liability: The seller, its employees, and agents are liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health, under the Product Liability Act, to the extent of any warranties assumed, and in cases of fraudulent concealment of defects. In cases of simple negligence, the seller is liable only for breaches of essential contractual obligations (cardinal obligations); in this case, liability is limited to foreseeable damages typical for this type of contract.
6. Exclusion of certain damages: Claims for lost profits and indirect damages are excluded to the extent that they exceed the foreseeable, typical contractual damage mentioned in paragraph 5 sentence 2.
7. Jurisdiction (B2B): The exclusive place of jurisdiction for all disputes with businesses, legal entities under public law, or special funds under public law is the seller's registered office (Krakow, Poland). The seller's right to bring legal action against the customer at the customer's general place of jurisdiction remains unaffected.
§ 12 Retention of Title
1. The goods remain the property of the seller until full payment has been received.
2. In dealings with entrepreneurs (§ 14 BGB), the seller retains title to the goods until all claims arising from the ongoing business relationship have been fully settled (extended retention of title).
3. If the entrepreneur sells the goods subject to retention of title before payment, he hereby assigns his claims against the buyer to the seller up to the amount of the seller's claim (extended retention of title).
§ 13 Set-off and right of retention
1. The statutory provisions regarding set-off and retention rights apply to consumers.
2. Entrepreneurs may only offset undisputed or legally established claims.
3. The entrepreneur may only assert a right of retention arising from the same contractual relationship.
§ 14 Default interest
1. In case of late payment, the seller is entitled to demand default interest in accordance with § 288 BGB.
2. In transactions with entrepreneurs (§ 14 BGB), the default interest rate is 9 percentage points above the base interest rate (§ 288 para. 2 BGB), in transactions with consumers it is 5 percentage points above the base interest rate (§ 288 para. 1 BGB).
3. The seller reserves the right to claim further damages for delay.
§ 15 Newsletter and discount codes
1. The customer may voluntarily subscribe to the seller's newsletter. Subscription is carried out using the double opt-in procedure. After subscribing, the customer receives an email requesting confirmation. The newsletter is sent exclusively on the basis of explicit consent in accordance with Section 7 Paragraph 2 No. 3 of the German Unfair Competition Act (UWG) and Article 6 Paragraph 1 Letter a of the GDPR.
2. Newsletter subscribers may receive one-time or time-limited discount codes from the seller, entitling them to purchase products at a discounted price.
3. Each discount code contains a unique combination of characters, a validity period, possibly a minimum order value, and the discount value in percent or as a fixed amount.
4. Discount codes are for one-time use only, are non-transferable, cannot be redeemed for cash and, unless otherwise stated by the seller, cannot be combined with other promotions.
5. The discount code becomes invalid after its expiry date. Illegally obtained codes are invalid.
6. In the event of a cancellation or return of goods purchased with a discount code, only the amount actually paid will be refunded.
7. The customer can unsubscribe from the newsletter at any time via the unsubscribe link included in every email or by sending an email to shop@osheeshop.de .
8. Further information on the processing of personal data in connection with the newsletter and discount codes can be found in the privacy policy.
§ 16 Product Reviews
1. The online shop allows the publication of product reviews. All reviews of purchased products are verified – only reviews from customers who have actually made a purchase are accepted. Verification is carried out by comparing the review with the respective customer's order history. This information is provided in accordance with Section 5b Paragraph 3 of the German Unfair Competition Act (UWG) to ensure transparency regarding the authenticity of customer reviews.
2. It is prohibited to publish unlawful, offensive, or third-party-infringing content.
Section 17 Alternative Dispute Resolution (VSBG)
1. The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act (VSBG).
2. In the event of disagreements with consumers, the seller will endeavor to find an amicable solution.
§ 18 Copyright and Intellectual Property
All content published on the seller's website (texts, images, graphics, logos) is protected by copyright. Use without the seller's express consent is prohibited.
§ 19 Force Majeure
Events beyond the seller's control, such as natural disasters, strikes, war or governmental actions, release the seller from the obligation to deliver or perform for the duration of the disruption.
§ 20 Electronic Communication
The customer agrees that contract-related communication may take place in electronic form (email).
§ 21 Final Provisions
1. The seller reserves the right to amend these Terms and Conditions for important reasons, in particular changes to legal regulations, the payment and shipping methods offered, or technical requirements of the online shop. Such amendments must not affect any essential contractual elements or consumer rights.
2. For customers with a user account (ongoing contractual relationship), the seller will inform them of the new version of the Terms and Conditions by email at least 7 days before the changes take effect. The customer can terminate their account or object to the changes within 14 days of receiving the notification. If no objection is received, the changes are deemed accepted. For one-off purchase agreements, the version of the Terms and Conditions in effect at the time of the conclusion of the contract applies.
3. Should any provision of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision. No gap in the regulations shall arise.