Terms and Conditions
1. General
1.1 Scope
These General Terms and Conditions, in the version valid at the time the contract is concluded, apply to all business relationships between us (OptiDynex s.r.o., Holesovska 1714, Bystrice pod Hostynem, 768 61, Czech Republic, represented by Mr. Jakub Rudel), ID: 02861020, VAT: CZ02861020 and you. Should you use conflicting General Terms and Conditions, these are hereby expressly rejected.
1.2 Contractual Agreement
The contract language is German.
1.3 Registration
To use the full scope of our website, it is first necessary to create a customer account. This will require you to provide the data necessary for us to provide services. The entries are confirmed by clicking the "Register" button. You will then receive a confirmation email with the information required for login. Registration is only complete once you have logged in to our website for the first time using this information.
The password, which allows you access to the personal area, must be treated as strictly confidential and must under no circumstances be passed on to third parties. You shall take appropriate and reasonable measures to prevent third parties from becoming aware of your password. A customer account cannot be transferred to other users/customers or other third parties.
1.4 Conclusion of Contract
The presentation of the assortment in our online shop is initially non-binding and subject to change. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step, you enter your data including billing address and, if applicable, a different delivery address, provided you have not already stored these in your customer account. In the third step, you select the desired payment method. In the fourth step, you have the opportunity to review all information (e.g. name, address, payment method, ordered items) again and correct any input errors before confirming your order by clicking the "order with obligation to pay" button. By placing the order, you are making a binding offer for a contract. We will confirm receipt of the order immediately. The confirmation of receipt does not yet constitute a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within two days of receipt of the order by email, fax, telephone, post or by notification of dispatch of the goods. The contract is only concluded upon acceptance.
The text of the contract will be stored by us and sent to you after you have placed your order, together with these GTC and customer information in text form (e.g. email, fax or post). However, the text of the contract can no longer be retrieved by you via the website after you have placed your order. You can print out the relevant website with the contract text using the browser's print function.
2. Delivery
2.1 Partial Deliveries
We are entitled to make partial deliveries if this is reasonable for you. However, in the case of partial deliveries, you will not incur any additional shipping costs.
2.2 Delays in Delivery and Performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite a corresponding hedging transaction), entitle us to postpone delivery for the duration of the hindering event.
2.3 Exclusion of Delivery
PO Box addresses will not be delivered to.
2.4 Default of Acceptance
If you default on accepting the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for default or non-performance. During default of acceptance, you bear the risk of accidental loss or accidental deterioration.
2.5 Time of Performance
Unless expressly agreed otherwise, delivery by us will take place within 5 days. The commencement of the period for delivery is, in the case of advance payment, the day after the payment order is issued to the transferring credit institution, or, in the case of cash on delivery or invoice purchase, the day after the conclusion of the contract. The period ends on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday, or a public holiday recognized by the state at the place of delivery, the period ends on the next working day.
3. Payment
3.1 Prices and Shipping Costs
All prices include VAT. In addition, there are the separately indicated costs for packaging and shipping, unless collection by you at our business premises is agreed upon.
3.2 Right of Retention
You are only entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as your obligation.
4. Retention of Title
The delivered goods remain our property until full payment of the purchase price. You must treat the goods subject to simple retention of title with care at all times. You assign to us any claim or compensation that you receive for the damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. In this case, the taking back of the item does not constitute a withdrawal from the contract, unless we expressly declare this in text form.
5. Warranty
5.1 Warranty Claim
Statutory warranty rights exist. A warranty claim can only arise with regard to the quality of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular, with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning or similar) may occur, insofar as these changes are reasonable for you. Such reasonable reasons for change may result from customary fluctuations and technical production processes. Insofar as guarantees are provided in addition to the warranty claims, you will find their exact conditions for each product. Possible guarantees do not affect the warranty rights.
5.2 Warranty to Consumers
The risk of accidental loss or deterioration of the sold goods passes to you only upon delivery of the goods. Should you notice that the outer packaging arrives damaged or discover damage after receiving the goods, we ask you to notify us. However, there is no obligation to make such a notification, nor are the warranty rights affected by a failure to notify. If the goods are defective, you can choose between subsequent performance in the form of rectification or replacement delivery. If defects are not remedied even after two attempts at rectification, you are entitled to withdraw from the contract or reduce the purchase price.
5.3 Warranty to Businesses
For entrepreneurs, deviating from the statutory warranty provisions, it applies that in the event of a defect, we shall provide subsequent performance at our discretion, either by rectifying the defect or by making a new delivery. The risk of accidental loss or deterioration of the goods passes to you upon delivery to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise, the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
5.4 Rights in case of immaterial defect
In the event of only an immaterial defect, you are only entitled to an appropriate reduction of the purchase price, excluding the right of withdrawal.
5.5 Damages for Defects
No warranty is provided for damages resulting from improper handling or use. The following exclusion of liability is expressly referred to.
5.6 Statute of Limitations
For used goods, the warranty period is 1 year. If you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in cases of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.
6. Liability
6.1 Exclusion of Liability
We, as well as our legal representatives and vicarious agents, are liable only for intent or gross negligence. Insofar as essential contractual obligations (consequently, those obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, liability is also assumed for slight negligence. In this case, liability is limited to the foreseeable, contract-typical damage. Towards entrepreneurs, we are liable in the event of grossly negligent infringement of non-essential contractual obligations only to the extent of the foreseeable, contract-typical damage.
6.2 Reservation of Liability
The foregoing exclusion of liability does not apply to liability for damages resulting from injury to life, body, or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
7. Final Provisions
7.1 Place of Jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract is our business location, provided that you are a merchant, a legal entity under public law, or a special fund under public law.
7.2 Choice of Law
Unless mandatory legal provisions under your home law conflict, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
7.3 Consumer Dispute Resolution Procedure
The EU Commission has created an internet platform for the online settlement of disputes regarding contractual obligations arising from online contracts (OS platform). You can access the OS platform via the following link: https://ec.europa.eu/consumers/odr/ (https://ec.europa.eu/consumers/odr/). We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
7.4 Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.