Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (OSA Brands UG) via the website. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will finally be displayed again on the order overview page.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be redirected to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the appropriate selection or entry of your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to review all information again, change it (also using the "back" function of the internet browser) or cancel the purchase.
By submitting the order via the "buy" button, you declare your legally binding acceptance of the offer, thereby concluding the contract.

(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by email), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated via email. You must therefore ensure that the email address you have provided to us is correct, that the reception of emails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment by invoice via Klarna Germany
In cooperation with Klarna (http://www.klarna.com/), we offer you invoice purchase as a payment option. The payment period is 14 days from the invoice date. The invoice is issued when the goods are shipped and sent either by email or together with the goods. Payment is made to Klarna. Please note that Klarna Invoice is only available for consumers. The complete terms and conditions for invoice purchase can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/invoice?fee=0,00).

Privacy Notice
Klarna checks and evaluates your data and maintains data exchange with other companies and credit agencies if there is a legitimate interest and occasion. Your personal data will be treated in accordance with the applicable
data protection regulations (http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy) and as stated in the Klarna privacy policy.

§ 4 Right of Retention, Retention of Title

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 5 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to also appeal to a court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

II. Customer Information

1. Identity of the Seller

OSA Brands UG (haftungsbeschränkt)
Dürrwiesen 16
73614 Schorndorf
Germany
Telephone: +49 7181 93898 80
Email: service@osavita.de

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr(https://ec.europa.eu/odr).

2. Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. In the case of inquiries for offers outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by email, which you can print out or electronically save.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Modalities

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The incurred shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the order process, and must be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are indicated under a correspondingly marked button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly marked button on our website or in the respective offer.

6.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person otherwise designated to carry out the shipment.

7. Statutory Liability for Defects

Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the lawyers specializing in IT law of Händlerbund and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).

Last updated: 19.11.2018