ORTEMA GmbH General Terms and Conditions
Concerning the business relationship between ORTEMA GmbH and the purchaser, the following general terms and conditions are applicable at the moment the order is placed. Alternative customer conditions require the express written permission of ORTEMA GmbH.
2. . Contract partner
On the basis of these general terms and conditions (GTC), the contract is concluded between the customer and ORTEMA GmbH, Kurt-Lindemann-Weg 10, 71706 Markgröningen, Court of Registration: Stuttgart District Court, Business Registry Number 204258, hereafter referred to as the Provider.
3. Subject of the contract
This contract regulates the sale of new sports protection products from the Provider, ORTEMA GmbH.
4. . Conclusion of contract
The contract concerns electronic commerce through the online shopping system or through other means of long-distance communication, such as telephone, fax or e-mail. The products offered herein represent a non-binding invitation request for an offer through the customer order, which the Provider then can accept. With your order, you submit a binding offer to ORTEMA GmbH to conclude a purchase agreement. Sending an invoice for advance payment, confirmation of the order through e-mail, or delivery of the ordered goods signifies that we can accept this offer and that the contract has been fulfilled All of the products that we offer are sold only in small quantities. This applies to the number of products purchased in one order, as well as to multiple orders of the same product. Sales are made only to persons who are 18 years or older. Contracts are concluded exclusively in German.
5. Retention of ownership
The delivered products remain the property of ORTEMA GmbH until full payment has been received.
The Provider reserves the right to provide a product that is equivalent in quality and price. The performance displayed in the store exemplary and is not representative of the personalized, contractual product. The Provider reserves the right to not provide the product, in case it is not available as promised.
7. Pricing, delivery, and payment details
All prices on the ORTEMA GmbH website are the final price in euros, and include statutory value-added tax. In addition to the final prices, there may be additional shipping fees, which will be displayed before the order is sent. The customer may withdraw the order after delivery; in this case, the customer shall pay return delivery costs.
7.2. Delivery terms
For deliveries made upon issuing an invoice, cash on delivery, payment in advance or PayPal, we will deliver the product within 2-3 business days from placement of the order or after receipt of payment, unless otherwise specified in the quotation. Unless otherwise arranged, deliveries will be sent to the address specified by the purchaser. The delivery terms may differ if products are not in stock or are constructed to personal specifications. Delivery will then be provided separately.
7.3. Terms of Payment
Payment is due from new customers either in advance or PayPal, or cash on delivery (possible only within Germany), or payment upon pickup. If you are already a customer, you will receive the goods per invoice. We reserve to right to reject specific types of payment. For payment in advance, the amount stated on the invoice after receipt of the invoice, which contains all the information required for a bank transfer and will be sent with the e-mail, must be transferred to the aforementioned account in advance. With payment by cash on delivery, the amount will be paid upon delivery, in cash, to the deliverer, to pay the delivery fee charged by the deliverer. The amount stated on the invoice can also be paid in cash during regular business hours, after shipping costs are deducted at the supplier's offices. The customer is obligated to deposit or transfer the amount to be paid to the account specified on the invoice within 14 days of receipt of the invoice. Payment is due from the date of the invoice. After expiration of this period, based on the calendar date, the customer will be in default without further warning. If the customer is in default of payment, ORTEMA GmbH is entitled to charge default interest at the rate of 5 percentage points above the base rate per year announced by the European Central Bank. The customer's right to withhold payment, which is not based on the same contractual relationship, is excluded.
Under § 438 BGB, the statutory warranty lasts 24 months. This is based on the lack of defects in the products purchased at the moment that risk is transferred to the purchaser. Please report any material or manufacturing defects immediately. Damage suffered during transport must be reported immediately to the transportation company. The warranty excludes normal wear and tear, damage caused externally such as falls, as well as damage caused by improper use. As for subsequent performance through a replacement delivery, at ORTEMA GmbH's request, the customer is obliged to return to the seller the defective product within 30 days of the initial delivery.
You have the right to cancel this contract within 14 days without providing a reason. This period begins from the date of receipt of these written instructions, but not before the customer has received the product.
Consequences of cancellation
In case of a valid cancellation of the contract, the mutual benefits received are to be returned and any utilization must be surrendered, if necessary. You will be required to pay for any product deterioration only if it can be proven that this deterioration in the nature, characteristics and functioning of the product resulted from any unnecessary handling of the product. "Proof of characteristics and functioning" signifies that you have tested and tried to use the product, as far as this would be possible and normal in the store. You must return or send the product back to us promptly, no later than 14 days after you have informed us about the cancellation of this contract. The deadline is considered to be have been met if you return the product within the 14 day cancellation period. We may withhold reimbursement until we have received the returned product, or until you have demonstrated that you have returned the product.
You will bear the cost of returning the product, if the product that was delivered corresponds to what you ordered
Exclusions from cancellation
The right to cancellation does not apply to long-distance contracts that allow for special customer specifications. i.e. pertaining to the delivery of a product that is not prefabricated and is chosen by and personalized for the customer, or that require individual tailoring to meet customer specifications.
*** End of cancellation policy ***
10. Disclaimer of liability
We disclaim liability for all damage claims by the customer, unless otherwise the customer claims for damages are excluded, unless otherwise provided for the following reasons. This also applies to the Provider, in case the customer raises an objection against these claims for damages. Claims for damages by the customer are excluded due to injury to life, limb, health or basic contractual obligations, which are required to be fulfilled to achieve the goals of the contract. Likewise, this disclaimer also does not apply to claims for damages that arise from gross negligence or wilful misconduct of the Provider or their legal representative or agent.
11. Ban on assignment and pledging
The customer's claims or rights against the Provider may not be assigned or pledged without consent, unless the customer has demonstrated a legitimate interest in the assignment or pledge.
12. Language, jurisdiction and applicable law The contract will be concluded in German. Any further implementation of the contractual relationship will be carried out in German. German law will apply exclusively. For customers, this applies only to the extent that they are not restricted by the legal provisions of the country where they have their habitual residence or habitual abode. Jurisdiction for any dispute with the client who is not a customer or legal entity under public law or special fund under public law, falls under the competence of ORTEMA GmbH.