Dis­c­lai­mer

This part is a trans­la­ti­on of the terms and conditions.

(Ref .: 9465/19, D3 / 15–19), as of 24 Janu­a­ry 2019

Terms of Service

§ 1 Scope

The­se gene­ral terms and con­di­ti­ons (GTC) con­tain tho­se bet­ween you and Tza­mou­ra­nis & Schmidt & Arta­le Inter­na­tio­na­le Han­dels GmbH & Co. KG, Wein­bergs­weg 20, 10119 Ber­lin, HRB num­ber, VAT ID num­ber), repre­sen­ted by the mana­ging direc­tor Ama­de­us Sote­rios Her­bert Tza­mou­ra­nis, and exclu­si­ve­ly app­li­ca­ble con­di­ti­ons, unless the­se are chan­ged by writ­ten agree­ment bet­ween the parties.

§ 2 Regis­tra­ti­on as a user

(1) Your regis­tra­ti­on in our online shop is free of char­ge. The­re is no enti­t­le­ment to admis­si­on to our online shop. Only per­sons of legal age are eli­gi­ble to regis­ter. At our request, you must send us a copy of your iden­ti­ty card. For admis­si­on, fill out the regis­tra­ti­on form avail­ab­le on our web­site and send it to us elec­tro­ni­cal­ly. You must com­ple­te­ly and truth­ful­ly pro­vi­de the data requi­red for regis­tra­ti­on. When you regis­ter, you choo­se a per­so­nal user­na­me and pass­word. The user­na­me must not vio­la­te the rights of third par­ties or other naming and trade­mark rights or mora­li­ty. You are obli­ged to keep the pass­word secret and not to dis­c­lo­se it to third parties.

(2) Apart from decla­ring your con­sent to the vali­di­ty of the­se terms and con­di­ti­ons, your regis­tra­ti­on is not asso­cia­ted with any obli­ga­ti­ons. You can dele­te your ent­ry at any time under “My Account”. The regis­tra­ti­on alo­ne car­ri­es no obli­ga­ti­on to purcha­se the offe­red goods.

(3) If your per­so­nal data chan­ges, you are respon­si­ble for updating it yourself. All chan­ges can be made online after regis­tering under “My Account”.

§ 3 Data protection

(1) We will collect, pro­cess, and save all per­so­nal data you pro­vi­de (tit­le, name, address, date of birth, email address, tele­pho­ne num­ber, bank details, credit card num­ber) exclu­si­ve­ly in accordance with the pro­vi­si­ons of the Gene­ral Data Pro­tec­tion Regu­la­ti­on (GDPR) and Ger­man data pro­tec­tion law .

(2) Your per­so­nal data, inso­far as this is necessa­ry for the estab­lish­ment, con­tent, or modi­fi­ca­ti­on of the con­trac­tu­al rela­ti­ons­hip (inven­to­ry data), will only be used to pro­cess the purcha­se con­tracts con­clu­ded bet­ween you and us, e.g. for the deli­very of goods to the address you have given. Any fur­ther use of your inven­to­ry data for the pur­po­ses of adver­ti­sing, mar­ket rese­arch, or to tailor our offers to demand requi­res your express con­sent. You have the opti­on of giving this con­sent befo­re pla­cing your order. This decla­ra­ti­on of con­sent is ent­i­re­ly vol­un­ta­ry and can be acces­sed on our web­site and with­drawn by you at any time.

(3) Your per­so­nal data, which are requi­red to enab­le the use of our offers and for bil­ling (usa­ge data), are also initi­al­ly used exclu­si­ve­ly to pro­cess the sales con­tracts con­clu­ded bet­ween us. The­se usa­ge data inclu­de, in par­ti­cu­lar, the cha­rac­te­ris­tics for your iden­ti­fi­ca­ti­on as a user, infor­ma­ti­on about the begin­ning and end as well as the scope of the respec­ti­ve use and infor­ma­ti­on about the tele­me­dia used by you as a user. The­se usa­ge data inclu­de, in par­ti­cu­lar, the cha­rac­te­ris­tics for your iden­ti­fi­ca­ti­on as a user, infor­ma­ti­on about the begin­ning and end as well as the scope of the respec­ti­ve use and infor­ma­ti­on about the tele­me­dia used by you as a user. You are enti­t­led and have the opti­on to object to this use of your usa­ge data under “My Account”. Under no cir­cum­s­tan­ces will usa­ge pro­files be mer­ged with the cor­re­spon­ding data.

(4) If you would like fur­ther infor­ma­ti­on or want to call up or revo­ke the con­sent you have express­ly given to the use of your inven­to­ry data or want to object to the use of your usa­ge data, sup­port is avail­ab­le at the e‑mail address marc@oel-berlin.de as well as marc@oels3gin.de or by pho­ne at +49 (0) 162–3353834.

§ 4 Con­clu­si­on of contract

The pre­sen­ta­ti­on of goods in our shop does not con­sti­tu­te a bin­ding offer. Only when you order goods is a bin­ding offer made accord­ing to § 145 BGB (Ger­man Civil Code). If this offer is accep­ted, we will send you an order con­fir­ma­ti­on by email.

§ 5 Terms of payment

The purcha­se pri­ce is due immedia­te­ly upon rece­i­pt of the order con­fir­ma­ti­on by email. The goods are paid for in advan­ce, by PayPal, by invoice or by direct trans­fer. We use the “SSL” trans­mis­si­on method to encrypt your per­so­nal data.

§ 6 Reten­ti­on of ownership

The goods remain our pro­per­ty until full pay­ment. If you are in arre­ars with pay­ment for more than 10 days, we have the right to with­draw from the con­tract and to rec­laim the goods.

§ 7 Deli­very Conditions

(1) We will deli­ver the goods in accordance with the agree­ments made with you. Any ship­ping cos­ts incur­red are lis­ted in the pro­duct descrip­ti­on and are shown sepa­r­ate­ly on the invoice. Deli­very dates and dead­lines are only bin­ding if they have been con­fir­med by us in writing.

(2) If the deli­very of the goods does not take place or does not take place in accordance with the con­tract, you must allow a grace peri­od for the deli­very. Other­wi­se you are not enti­t­led to with­draw from the contract.

§ 8 Right of withdrawal

You have a right of with­dra­wal. With regard to the requi­re­ments and legal con­se­quen­ces of the right of with­dra­wal, plea­se refer to the with­dra­wal poli­cy in the appendix.

§ 9 Warranty

(1) If the deli­ve­r­ed goods are defec­ti­ve, you are enti­t­led, wit­hin the frame­work of the sta­tu­to­ry pro­vi­si­ons, to request sup­ple­men­ta­ry per­for­mance, to with­draw from the con­tract, or to redu­ce the purcha­se price.

(2) The peri­od for war­ran­ty claims for the deli­ve­r­ed goods is limi­ted to two years from rece­i­pt of the goods.

§ 10 Limi­ta­ti­on of Liability

(1) We are liable for intent and gross negli­gence. Fur­ther­mo­re, we are liable for the negli­gent bre­ach of obli­ga­ti­ons, the ful­fill­ment of which makes the pro­per exe­cu­ti­on of the con­tract pos­si­ble in the first place, the bre­ach of which jeo­par­di­zes the achie­ve­ment of the pur­po­se of the con­tract and which you as the cus­to­mer regu­lar­ly trust to be obser­ved. In the lat­ter case, howe­ver, we are only liable for fore­see­ab­le, con­tract-typi­cal dama­ge. We are not liable for the slight­ly negli­gent bre­ach of obli­ga­ti­ons other than tho­se men­tio­ned in the pre­ce­ding sentences.

The abo­ve exclu­si­ons of lia­bi­li­ty do not app­ly in the event of inju­ry to life, body, or health. Lia­bi­li­ty under pro­duct lia­bi­li­ty law remains unaffected.

(2) Given the cur­rent sta­te of tech­no­lo­gy, data com­mu­ni­ca­ti­on via the Inter­net can­not be gua­ran­te­ed to be error-free and/​or avail­ab­le at all times. In this respect, we are not liable for the con­stant or unin­ter­rup­ted avai­la­bi­li­ty of our online tra­ding system.

§ 11 Final provisions

(1) Chan­ges or addi­ti­ons to the­se Terms and Con­di­ti­ons must be made in wri­ting. This also app­lies to the can­cel­la­ti­on of this writ­ten form requirement.

(2) The law of the Federal Repu­blic of Ger­ma­ny app­lies to the exclu­si­on of the UN sales law. Man­da­to­ry pro­vi­si­ons of the sta­te in which you have your habi­tu­al resi­dence remain unaffected.

(3) If you had your place of resi­dence or habi­tu­al abo­de in Ger­ma­ny when the con­tract was con­clu­ded and eit­her relo­ca­ted at the time the action was brought or your place of resi­dence is unknown at this point in time, the place of juris­dic­tion for all dis­pu­tes is the head­quar­ters of our com­pa­ny in Berlin.

If you do not have your place of resi­dence or habi­tu­al abo­de in a mem­ber sta­te of the Euro­pean Uni­on, then the courts at our head­quar­ters have exclu­si­ve juris­dic­tion for all disputes.

Appen­dix

Con­su­mer infor­ma­ti­on and with­dra­wal policy

If you order goods when visi­t­ing our home­page, we note the following:

(1) The lan­guage avail­ab­le for the con­clu­si­on of the con­tract is exclu­si­ve­ly German.

(2) The essen­ti­al cha­rac­te­ris­tics of the goods we offer and the peri­od of vali­di­ty of limi­ted offers can be found in the indi­vi­du­al pro­duct descrip­ti­ons on our website.

(3) The pre­sen­ta­ti­on of our goods does not con­sti­tu­te a bin­ding offer on our part. Only when you order goods is a bin­ding offer made accord­ing to § 145 BGB (Ger­man Civil Code). If this offer is accep­ted, we will send you an order con­fir­ma­ti­on by email. This crea­tes the sales con­tract bet­ween you and us.

(4) You can reco­gni­ze any input errors when sub­mit­ting your order in the final con­fir­ma­ti­on befo­re the check­out and cor­rect them at any time with the help of the dele­te and chan­ge func­tion befo­re sen­ding the order.

(5) If the goods you have orde­red are not avail­ab­le, we reser­ve the right not to pro­vi­de the service.

(6) The pri­ces quo­ted by us are final pri­ces inclu­ding taxes and ship­ping wit­hin the Federal Repu­blic of Germany.

(7) The purcha­se pri­ce is due immedia­te­ly with the order. The goods are paid for in advan­ce, by PayPal, by invoice or by direct trans­fer. We use the “SSL” trans­mis­si­on method to encrypt your per­so­nal data. Our bank details are IBAN DE65 1012 0100 1004 0054 99, BIC WELADED1WBB

(8) You have a right of withdrawal:

Infor­ma­ti­on about right of withdrawal

Right of withdrawal

You have the right to with­draw from this con­tract wit­hin 14 days without giving a rea­son. The with­dra­wal peri­od is 14 days from:
• in the case of sales con­tracts: the day on which you or a third par­ty named by you who is not the car­ri­er took pos­ses­si­on of the goods,

• for deli­very of goods in several par­ti­al ship­ments or pie­ces: on the day on which you or a third par­ty named by you who is not the car­ri­er took pos­ses­si­on of the last par­ti­al ship­ment or the last piece,

• In the case of regu­lar deli­very of goods over a spe­ci­fied peri­od of time: the day on which you or a third par­ty named by you who is not the car­ri­er took pos­ses­si­on of the first goods.

To exer­cise your right of with­dra­wal, you must con­ta­ct Tza­mou­ra­nis & Schmidt & Arta­le Inter­na­tio­na­le Han­dels GmbH & Co. KG (Wein­bergs­weg 20, 10119 Ber­lin, repre­sen­ted by the mana­ging direc­tor Marc Vin­cent Schmidt, +49 (0) 176–31147225, +49 (0) 162– 3353834, amadeus@oel-berlin.de, marc@oel-berlin.de (oil) or marc@oels3gin.de (gin)) by means of a clear decla­ra­ti­on (e.g. a let­ter sent by post, fax, or email) informing us of your decisi­on to with­draw from this con­tract. You can use the atta­ched can­cel­la­ti­on form for this, but this is not mandatory.

To meet the with­dra­wal dead­line, it is suf­fi­ci­ent for you to send noti­fi­ca­ti­on that you are exer­cis­ing your right of with­dra­wal befo­re the with­dra­wal peri­od has expired.

The with­dra­wal must be sent to:

Tza­mou­ra­nis & Schmidt & Arta­le Inter­na­tio­na­le Han­dels GmbH & Co. KG,
Mana­ging Direc­tor Marc Vin­cent Schmidt,
Wein­bergs­weg 20,
10119 Ber­lin,
marc@oel-berlin.de (Oil),
marc@oels3gin.de (Gin).

Con­se­quen­ces of the withdrawal

If you with­draw from this con­tract, we are obli­ged to repay all pay­ments that we have recei­ved from you, inclu­ding deli­very cos­ts (with the excep­ti­on of the addi­tio­nal cos­ts that result from choo­sing a dif­fe­rent type of deli­very than the che­a­pest stan­dard deli­very offe­red by us) immedia­te­ly and at the latest wit­hin 14 days from the day on which we recei­ved noti­fi­ca­ti­on of your with­dra­wal from this con­tract. For this repay­ment, we will use the same means of pay­ment that you used for the ori­gi­nal tran­sac­tion, unless some­thing else was express­ly agreed with you; in no case will you be char­ged any fees for this repayment.

We can refu­se to make the repay­ment until we have recei­ved the goods back or until you have pro­vi­ded evi­dence that you have sent the goods back, whiche­ver is earlier.

You must return or hand over the goods to Tza­mou­ra­nis & Schmidt & Arta­le Inter­na­tio­na­le Han­dels GmbH & Co. KG immedia­te­ly and in any case no later than 14 days from the day on which you infor­med us of the with­dra­wal from this con­tract. The dead­line is met if you send the goods befo­re the peri­od of 14 days has expired.

You bear the direct cos­ts of retur­ning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to hand­ling of the goods that is not necessa­ry to check the natu­re, pro­per­ties, and func­tio­n­a­li­ty of the goods.

With­dra­wal form template

If you want to can­cel the con­tract, plea­se fill out this form form and send it back.