Terms and Conditions & Withdrawal
Terms and conditions & withdrawal
- § 1 scope, definitions
(1) For the relationship between the provider "OHH LUILU" (hereinafter referred to as "provider") and the customer (hereinafter referred to as "customer"), the following terms and conditions apply exclusively in the version valid at the time of the order. Divergent general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer within the meaning of § 13 BGB, insofar as the purpose of the ordered deliveries and services can not be attributed predominantly to his commercial or independent professional activity. On the other hand, according to § 14 BGB, the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.
- § 2 conclusion of contract
(1) The customer can choose from the product range of the provider products, in particular jewelry products and add them via the button "add to basket" in a so-called shopping cart. Via the button "Order now" he makes a binding application for the purchase of goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. By clicking on the button "Order now", the customer agrees to the validity of the general terms and conditions and the provisions on the right of withdrawal.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and the customer can print out. The automatic acknowledgment of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded upon submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be sent to the customer by e-mail (contract confirmation). The text of the contract is saved while maintaining data protection according to GDPR.
(3 ) The contract is concluded in German or English according to the language choice of the customer.
- § 3 delivery, product availability
(1) Delivery times specified by the provider are calculated from the time of the order confirmation if the purchase price is paid in advance.
(2) If no copies of the selected products are available at the time of the customer's order, the provider shall inform the customer immediately in the order confirmation. If the product is permanently not available, the provider denies a declaration of acceptance and will inform the customer about that. A contract is not concluded in this case.
(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall inform the customer in the respective product description on the website. The specified delivery times for a pre-order may change. The customer will be informed about this.
- § 4 retention of title
(1) Until full payment has been done, the delivered goods remain the property of the provider.
(2) The customer is not entitled to resell the goods delivered by the provider subject to retention of title without our prior written consent. In the event of resale, the customer hereby assigns to the provider all receivables from the resale up to the purchase price payable to the provider. The provider hereby authorises the customer to collect these assigned claims in the ordinary course of business, whereby the provider is entitled to withdraw this authorisation at any time in the event of late payment by the customer.
- § 5 prices and shipping costs
(1) All prices quoted on the website of the provider are inclusive of the applicable value added tax (VAT).
(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise his right of withdrawal. From an order value of 80 EUR, the provider delivers free. The order value for the free shipping can be changed by the provider at any time. The free shipping does not apply to a quantity that requires a delivery by freight carrier. If a delivery by forwarding is necessary, the provider informs the customer after receipt of the order and informs him of the amount of forwarding costs. The provider sends the order confirmation only when the customer has agreed to the costs.
(3) The provider bears the risk of shipping only if the customer is a consumer.
(4) In the event of a withdrawal the customer shall bear the immediate costs of the return. Notwithstanding this, the customer does not bear any shipping costs if the ordered goods that have been delivered are incorrectly or defective.
- § 6 payment methods
(1) The customer can pay by Paypal, Sofortüberweisung (Klarna) or credit card if nothing else has been agreed.
(2) The customer can change the payment method stored in his user account at any time.
(3) If delivery on account has been agreed, invoices are due for payment no later than five working days after delivery of the goods and receipt of the invoice by the customer. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, he has to pay a default interest of 5 percentage points for the year above the base rate to the provider. If the customer is an entrepreneur, the default interest is 9 percentage points above the base rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider.
- § 7 promotional coupons
(1) Promotional coupons for goods can be redeemed for all products uploaded on the ohhluilu.com website unless the redemption of www.ohhluilu.com coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party; such is expressly indicated in either instance.
(2) The purchase price of the products ordered must at least equal the value of the coupon, unless otherwise indicated at the time the coupon is issued. Coupons of the provider for freight costs can be redeemed against the freight costs incurred when ordering products on the ohhluilu.com website, unless the redemption of coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party.
(3) Promotional coupons are provided in the form of codes made available to the customer personally. Usually, codes expire once they have been used. The period of validity and/or minimum order value or other conditions are determined by the provider and announced as part of the corresponding promotion. In this case, the minimum order value refers to the purchase price, including value-added tax. Freight costs are not taken into account.
(4) Only one coupon can be used per order and several coupons may not be combined. If the customer cancels the purchase of an item for which a coupon was used, the coupon amount will not be reimbursed and the coupon cannot be used again. This does not apply if the customer has obtained the coupon directly from ohhluilu.com against payment. The customer cannot acquire a coupon using a coupon that was not directly obtained against a monetary payment.
(5) Coupons cannot be paid out in cash or attract interest. The coupons are personally issued and cannot be transferred to third parties. Where the provider becomes aware of the transfer of a coupon, the provider reserves the right to declare the corresponding coupon invalid. Where the provider has indicated that the coupon is valid only for new customers, such a coupon will only be issued when a person registers as a member of ohhluilu.com for the first time. With the exception of a loss of a coupon for which the provider is responsible, the provider does not accept liability for the loss or theft of any coupon. Replacement coupons are only issued when the provider is liable for the loss of the coupon. The shop regulations may contain further conditions or restrictions for the redemption of promotion coupons; alternatively such conditions or restrictions may be indicated when issuing the coupon.
- § 8 warranty
(1) The provider is liable for material defects in accordance with the relevant statutory provisions. The warranty is limited to 12 months if the customer is an entrepeneur.
(2) If the customer is an entrepreneur, defects have to be immediately reported to the seller latest within two weeks after delivery in order to preserve claims for defects of the customer. The defective items must be kept ready for inspection by the provider in the condition in which they are at the time of detection of the defect.
(3) An additional guarantee exists for the goods delivered by the provider only if this was explicitly stated in the order confirmation for the respective article.
- § 9 liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The limitations of para. 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are made directly against them.
(4) According to para. 1 and 2 the exclusion of the liability shall not apply insofar as the provider has fraudulently concealed the defect or assumed a guarantee for the quality of the goods. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
- § 10 right of withdrawal
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the provider subsequently informs inaccordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
You have the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not a carrier, has taken possession of the goods.
To exercise your right, you must inform us by a clear statement (eg. sent by post mail, fax or email) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation 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 withdrawal
If you withdraw from this agreement, we have to repay all payments we have received from you immediately, including delivery charges. Additional costs arising from you choosing a different delivery offered by us are excepted. We will repay at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case you will be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the good, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
(2) The right does not apply to contracts of supplying goods that are not prefabricated and an individual selection or determination by the consumer is essential for the production or which are clearly tailored to the personal needs of the consumer.
(3) About the model revocation form the offerer informs after the legal regulation as follows:
Model withdrawal form
(If you want to cancel the contract, then please fill in this form
and send it back.)
50672 Cologne (Germany)
- I / we (*) hereby revoke the contract concluded by me / us (*)
on the purchase of the following goods (*) /
- Ordered on (*) / received on (*)
- name of the consumer (s)
- address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
(*) Please delete as appropriate.
The revocation can also be explained via our online return tool, which you can reach via the following link: https://returnsohhluilu.myreturnscenter.com/
- § 11 Privacy protection
(1) The customer agrees to the storage of personal data in the context of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the GDPR. A transfer of data to third parties does not take place, as far as this is not necessary for the execution of the contract.
(2) Insofar as the customer transmits personal data from third parties to the provider, the customer assures that he has obtained the consent of those affected by the data processing and indemnifies the provider against any claims of third parties that they may make against him.
(3) In particular, the rights of the customer or the person concerned arise in particular from the following standards of the GDPR:
- Article 7 (3) - Right to revoke a data protection consent
- Article 15 - Right to information of the data subject, right to confirm and provide a copy of the personal data
- Article 16 - Right to rectification
- Article 17 - Right to cancellation ("Right to be forgotten")
- Article 18 - Right to restriction of processing
- Article 20 - Right to data portability
- Article 21 - Right of opposition
- Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 - Right to complain to a supervisory authority
(4) For the exercise of the rights, the customer or the person concerned is requested to informally inform the provider (eg by e-mail) or to lodge a complaint with the responsible supervisory authority.
- § 12 Dispute resolution for consumers
(1) The european platform for out-of-court online dispute resolution can be accessed via the following Internet address:
(2) The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
- § 13 Final provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider will be the site of the provider in Cologne (Germany).
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions will apply. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
(4) In case of deviations between the german and the english version of the termsn and conditions the german version prevails.
As of: 01.02.2019