General Terms and Conditions
§ 1 Validity, definitions of terms
(1) optimic GmbH, Lindenallee 58, 20259 Hamburg, Germany (hereinafter: “we” or “optimic”) operates an online store for goods under the website https://optimic.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the capacity to acquire rights and enter into obligations.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of contracts apply to orders placed via our online store at https://optimic.de.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
Selection of the desired goods,
Adding the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
Check the details in the shopping cart,
Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview” or similar),
Entering/checking the address and contact details, selecting the payment method, confirming the general terms and conditions and revocation policy,
If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
Completion of the order by clicking the “Buy now” button. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) If the contract is concluded, the contract is concluded with optimic GmbH, Lindenallee 58, 20259 Hamburg, Germany.
(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not save the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject matter of the contract for our online store is
The sale of goods. The specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly stated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (delivery time: 3-4 working days after receipt of payment).
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We shall be liable without limitation for slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in § 3.
§ 8 Contract language
The contract language is exclusively German.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
§ 10 Final provisions/dispute resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(4) Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.
