GTC

GENERAL TERMS AND CONDITIONS

 

§ 1 - Business area

1.1 The business relationship between OH LA LAQUA GmbH, Dreimühlenstr. 35, 80469 Munich (hereinafter referred to as "OH LA LAQUA") and the customer (hereinafter referred to as "you") shall be governed exclusively by the following General Terms and Conditions (GTC) in the version valid at the time of the order for orders and purchases of OH LA LAQUA products.

1.2 We are entitled to amend, modify or delete the GTC at any time.

1.3 Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract unless OH LA LAQUA expressly agrees to their validity in writing.

 

§ 2 - Offer and conclusion of contract

2.1 By ordering the desired goods and pressing the "Buy" button, you submit a binding offer to conclude a contract, which is accepted by us without further confirmation by sending the goods.

2.2 The conditions specified and selected by you are decisive for the scope and execution of the delivery. The contract shall be concluded in accordance with the conditions (price, delivery costs) applicable in the respective offer.

2.3 You purchase the products for personal use. It is prohibited to resell the purchased goods commercially. We reserve the right to take appropriate (trademark) legal measures. If you wish to order a larger quantity of goods or goods for commercial resale, please contact us ([email protected]) for an individual order. If no contact is made or if several large orders are placed over a short period of time, we reserve the right to cancel the orders unilaterally.

 

§ 4 - Prices and payment 

4.1 Deliveries are only made against payment with the accepted means of payment Visa, Mastercard, American Express, JCB, Sofort (EUR) and Paypal.

4.2 If, after conclusion of the contract, OH LA LAQUA becomes aware of circumstances which are likely to significantly reduce the creditworthiness of the customer and which jeopardize payment of the remuneration, OH LA LAQUA shall be entitled to perform or provide outstanding services only against advance payment or provision of security and - if necessary after setting a deadline - to withdraw from the contract.

4.3 Offsetting and the assertion of rights of retention shall only be permitted if the customer's counterclaim is undisputed by OH LA LAQUA or has been recognized in writing or has been legally established by a court of law.

 

§ 5 - Terms and dates of delivery

5.1 The following non-binding delivery time (working days: Monday-Friday) applies to the region listed:

Germany: 2-4 working days

5.2 The shipping price depends on the country of delivery and the shopping cart and is displayed in the checkout at step 2 "Delivery".

5.3 The specified shipping service applies to the following regions: Germany

 

§ 6 - Right of withdrawal

In the event that you purchase the products as a consumer, i.e. for purposes that cannot be predominantly attributed to your commercial or independent professional activity, the following applies:

6.1 Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise the right to cancel, you must inform us (OH LA LAQUA GmbH, Dreimühlenstr. 35, 80469 München, Phone: +49 160 2222886, E-Mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

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

6.2 Consequences of revocation:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen 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 for checking their condition, properties and functionality.

6.3 Sample withdrawal form:

If you wish to withdraw from the contract, please fill out this form and send it back to us.

To: OH LA LAQUA GMBH, Dreimühlenstr. 35, 80469 Munich, E-Mail: [email protected]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

________________________________________________


Ordered on (*) / received on:

________________________________________________

Name of the consumer(s): 

________________________________________________

Address of the consumer(s):

________________________________________________

Signature of the consumer(s) (only for notification on paper):

________________________________________________


Date:

________________________________________________

(*) Delete as appropriate.

 

§ 7 - Retention of title 

The delivered goods shall remain our property until the purchase price and the associated costs have been paid in full.

 

§ 8 - Liability 

8.1 In the event of a defect in the goods, you are entitled to the statutory warranty rights. You are free to demand a replacement product, withdraw from the contract or reduce the purchase price.

8.2 Claims for damages are excluded. Excluded from this are claims for damages arising from injury to life, limb or health, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Furthermore, liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely remains unaffected.

8.3 In the event of a slightly negligent breach of these contractual obligations, we shall only be liable for the foreseeable damage typical of the contract, unless it concerns claims for damages arising from injury to life, limb or health.

8.4 The above shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them. The provisions of the Product Liability Act shall remain unaffected.

 

§ 9 - Data protection

The privacy policy applies to the collection and use of personal data.

 

§ 10 - Protection of intellectual property 

The trademarks, business names, designs, products and contents of the OH LA LAQUA website are protected by copyright. Modifications, reproductions and imitations of any kind are prohibited.

 

§ 11 - Final provisions 

11.1 Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.

11.2 The place of jurisdiction for all disputes between the contracting parties, insofar as this can be agreed, is Munich.

11.3 These GTC are subject to the law of the Federal Republic of Germany to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.

 

General terms and conditions for participation in OH LA LAQUA GmbH competitions

  1. Introduction and scope of application:
    • These General Terms and Conditions (GTC) apply to all competitions organized by OH LA LAQUA GmbH on the social media platforms Facebook and Instagram.
    • By participating in one of our competitions, the participant accepts these GTCs.
  2. Independence from social media platforms:
  3. Conditions of participation:
    • Participation in our competitions is either via a comment on the corresponding competition post on the Facebook page or Instagram page of OH LA LAQUA GmbH during the respective campaign period.
    • Multiple comments on a post will be counted as a single entry.
    • Eligible to participate are persons residing in Germany, as the prizes will only be shipped within Germany.
  4. Exclusion from participation:
    • Comments that violate the guidelines of Facebook, Instagram, German law and/or copyright law will be removed. The participant is thus excluded from the prize.
  5. Determination and notification of winners:
    • The winners will be selected at random from all participants after the end of the competition and informed via the comment function of the respective post or by direct message.
    • Winners must contact us within 14 days, otherwise the prize will be redrawn.
  6. Data protection:
    • All participant data will be stored for the purpose of determining the winner and will be deleted no later than 30 days after the end of the competition.
    • Address data will only be collected from winners and will only be used to send the prize. It will not be passed on to third parties.
  7. Final provisions:
    • These conditions of participation may be amended by OH LA LAQUA GmbH at any time without separate notification.
    • Legal recourse is excluded.
    • The law of the Federal Republic of Germany shall apply exclusively.

If you have any further questions, please contact us at www.ohlalaqua.com/pages/kontakt or by e-mail at [email protected] at your disposal.

Current status: 08.12.23