We provide all our deliveries and services, including future deliveries and services, exclusively subject to the following terms and conditions, even if the customer uses its own deviating terms and conditions of purchase/sale and/or payment. We do not recognize any deviating terms and conditions of the customer, including against confirmations referring to such, unless we have agreed to the validity of the customer's condition in writing in the individual Our terms and conditions shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our terms and conditions.
Our offers are subject to change. Orders received shall only be binding on us if they have been accepted by us in writing. Subsidiary agreements or promises made by our representatives shall only be valid after written confirmation by Description of the delivery item or technical specifications are not binding.
Product designations and article numbers refer to the products listed in the product catalog.
Rights and obligations of our customers
Our customers shall sell the products exclusively under the names and designations provided in the product catalog and shall not use or add any other names and designations.
Our customers are entitled to sell the products via online distribution, provided that they also operate at least one store Beyond that, pure distribution via the Internet is only permitted with our consent.
Our customers are not authorized to conduct online sales of our products through platforms of unauthorized third party companies (such as "amazon marketplace" or "eBay") without written consent from us.
Insofar as our customer intends to sell goods purchased from us in quantities not customary for the retail trade or to resellers, he shall inform us prior to the corresponding conclusion of the contract and obtain our The customer must inform us immediately if he becomes aware of circumstances that give rise to the suspicion of trademark infringement; in particular, if our products are offered to him for sale by third parties. We will take legal action, if necessary also legal action, against infringements of trademark rights.
Sale only at approved locations
Intellectual property
In order to maintain a uniform identity, our customers are entitled and obliged to use the trademarks and other protected signs of OAK25 GmbH in connection with our products. Our customers may not use the trademarks and other protected signs in their company name or business name without our prior written consent. If OAK25 GmbH wishes to use a trademark or other protected sign in a different manner or no longer, the customer shall also change or discontinue use in the other manner at our request.
For the sale of our products, especially in online sales, our product images are to be used. Own images may only be used with consent used on our part for the product presentation. With regard to the authorization for online sales, Sections 2.2 and 2.3 shall apply.
Our customers may not modify or otherwise misuse the trademarks and other protected signs and may not transfer them to third In addition, they may not use other trademarks and other signs where there is a risk of confusion with the trademarks and other protected signs of OAK25 GmbH.
If the customer violates the obligations pursuant to Sections 2 to 2.5, 3.1 to 3.3 and in particular property rights (e.g. copyrights and trademark rights), OAK25 GmbH shall be entitled to take all necessary measures to eliminate the misuse. OAK25 GmbH shall also be entitled to terminate the contractual relationship without notice after unsuccessful warning. In the event of culpable breach of duty, the customer shall be liable to OAK25 GmbH for damages.
Prices and delivery
The price agreement shall only apply to the individual order; repeat orders shall be deemed new orders. The prices contained in our order confirmation are subject to change ex warehouse Seevetal-Maschen. They do not include freight, insurance, packaging, customs duties and customs administration costs. These costs will be charged separately. The prices are Euro prices, unless otherwise stated, and do not include sales This will be invoiced separately at the applicable rate in accordance with the applicable tax regulations. We reserve the right to increase our prices accordingly without additional profit if cost increases occur after the conclusion of the contract, in particular due to collective wage agreements or material price increases. We will provide evidence of these to the customer upon request. If the price increase exceeds the agreed price by 20%, the customer may withdraw from the contract.
The risk, including the risk of accidental loss, shall pass to the customer as soon as the goods have been handed over to him or his agent or the carrier or have been dispatched to him.
In Germany and Austria, the following delivery cost conditions apply in principle: Minimum order value 500,-€ net for free delivery. For orders under 500,-€ net, plus 6,-€ postage costs will be charged.
Payment
Our invoices are payable within 30 days net after receipt of the invoice and without deduction. Bills of exchange shall only be accepted on the basis of an express agreement and shall be subject to all discount and collection charges. The handing over of bills of exchange is not considered as cash payment. They will only be accepted on account of payment.
In the event that the payment deadline is exceeded, we shall be entitled to charge interest from the relevant date at a rate of 8% above the respective base interest In addition, all costs caused by the delay in payment shall be borne by the customer. If the customer is in arrears with payment and has already been reminded of the due payment with a payment deadline, or if we become aware of circumstances that call his ability to pay into question, we shall be entitled to declare all claims due, even if we have accepted checks or bills of exchange. In this case, we are also entitled to demand advance payment or the provision of security for outstanding deliveries and to demand payment after to withdraw from the contract after setting a reasonable grace period for the provision of security/pre-payment.
Counterclaims shall only entitle the customer to withhold or offset payment if they are undisputed by us or have been established as final and absolute in our favor.
Delivery time
We strive to meet the non-binding promised delivery dates. Partial deliveries are permitted. If the agreed delivery time has expired, the customer is obliged to grant us a subsequent delivery period of at least 6 weeks. Call orders are to be accepted after 6 months at the latest. This means that after this period has elapsed, the quantity not yet called off is deemed to have been called off and to be delivered. Delays in delivery which occur due to events unforeseeable by us and beyond our control shall not give rise to any claim for compensation on the part of the Only if we can be accused of intent or at least gross negligence, we are obliged to reimburse the damage caused by the delay; however, this is limited to 5% of the invoice value of the deliveries affected by the delay.
Retention of title
The delivered goods shall remain our property until full payment of all claims arising from previous contracts, including all ancillary claims, and until bills of exchange and checks have been honored. The same shall apply to claims for damages on our part against the customer which are undisputed or have been established by a court of law. Our retention of title shall also remain in force if individual claims of ours are included in a current account and the balance has been struck and acknowledged. The customer may only sell our reserved goods in the ordinary course of business. The customer is obligated to sufficiently insure the goods subject to retention of title against theft, burglary, robbery and predatory extortion, fire and water damage at his own expense and in our favor. Pledging or transfer by way of security of the reserved goods is not permitted. If the customer resells goods subject to retention of title that have not yet been paid for to third parties, he must, for his part, agree a retention of title with the customer in the case of credit transactions.
In all other respects the following shall apply: the customer shall assign to us all claims and ancillary claims arising from the resale or any other legal reason (e.g. insurance compensation payments in the event of damage or loss, claims in tort against third parties due to damage, theft or similar, against third parties). If the customer has sold the goods within the scope of genuine factoring, he shall assign to us the claim against the factor taking its place. We accept the aforementioned assignments. As long as the customer meets his payment obligations towards us, we will neither disclose nor collect the assigned claims. Upon request, we shall release the security interests to which we are entitled, provided that the value of the securities exceeds the value of the claims to be secured by more than 20%. The customer shall be authorized to sell the goods subject to retention of title or to collect the claim assigned to us on a fiduciary basis for as long as the customer duly meets its payment obligations towards us.
In the event of default in payment, we shall be entitled to disclose the assignment and to demand payment to us from third In this case, the customer shall be obligated to provide us at short notice upon request with a precise list of the claims with the names and addresses of the purchasers, the amount of the individual claim, invoice date etc.. The customer undertakes to inform us immediately if third parties (e.g. by seizure or confiscation or in any other way) access our reserved goods. The same shall apply in the event of other impairments or endangerment of our rights to the claims assigned to us. The customer must immediately object to access by third parties with reference to our rights. Furthermore, he shall immediately notify us in writing of any such seizure and provide us with the documents required for an intervention (e.g. a copy of the seizure report).
In the event of default in payment and other conduct of the customer in breach of contract, we shall be entitled to take possession of the reserved goods at the customer's expense or to demand assignment of the customer's claims for return against third parties. Taking possession of the reserved goods does not mean withdrawal from the purchase contract. We are entitled to utilize the repossessed contractual goods. In this case, we shall endeavor to achieve the highest possible proceeds, which shall be credited to the customer. In doing so, we reserve the right to make deductions according to the external condition of the goods at the time of return (e.g. due to costs for any necessary refreshment work; due to relabeling costs of original labels removed from the customer's premises or damaged during the storage period or which have become unsightly, etc.), just as we reserve the right to make deductions due to the reduction in value which has occurred in the period between delivery and return as a result of fashionable obsolescence or technical further development. Deductions are also made because of the selling costs incurred by us. Of course, the customer is at liberty to prove that a deduction was not justified or was only justified to a significantly lesser extent. We are entitled to set off the amount credited against the customer's due liabilities.
Complaint
The customer is obliged to inspect our deliveries immediately. Noticeable defects must be reported in writing within 3 days after Express reference is made to
377 HGB. In the case of timely and justified notices of defect, we shall, at our discretion, either repair the goods or deliver new goods. Of course, the contracting party expressly reserves the right to demand a reduction in payment or, at its option, rescission of the contract in the event of failure of the repair or replacement delivery. Further claims of the customer, especially for consequential harm caused by a defect, are generally excluded. This does not apply in the case of intent, gross negligence or the violation of essential contractual obligations, as well as in the case of injury to life, body or health.
We shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, insofar as these have not increased due to the fact that the purchased item has been taken to a place other than the place of performance. Claims arising from § 478 BGB remain unaffected. Warranty services are provided within the framework of the conditions noted on the manufacturer's warranty certificates. Expressly excluded from any warranty service are: Zippers & buckles.
Passing on contact data to parcel service provider you agree that the e-mail address you provide will be transmitted by us to the responsible parcel service provider and may be used by them in the context of parcel delivery. This consent can be revoked by you be revoked at any time. Please note that in the event of revocation, you will no longer be able to directly influence the delivery of packages being shipped. Please send any revocation to the following address: OAK25 GmbH, Eichenstraße 25, 20259 Hamburg. The parcel service provider will use the received e-mail addresses exclusively for the purpose of parcel delivery and will not pass them on to unauthorized third parties. The e-mail addresses will be stored together with the other parcel data and deleted after expiry of the statutory retention period. With regard to data processing, the respective current data protection declaration applies, which can be viewed on the respective website.
Place of performance and jurisdiction The place of performance for all rights and obligations arising from a business transaction with us is Hamburg. The place of jurisdiction for all legal disputes arising from the contractual relationship, including actions on bills of exchange and checks, shall be our place of business for both parties in the case of commercial customers or, at our option, the customer's place of The agreement on the place of jurisdiction shall also apply to customers who do not have a general place of jurisdiction in Germany.
Other Provided that it is not expressly regulated in writing, deviating from these general terms and conditions of sale and delivery, on the occasion of the conclusion of the contract, the above terms and conditions shall apply conclusively. Excluded are in particular all claims for damages arising from impossibility of performance, from culpa in contrahendo, from positive breach of contract and from tort, insofar as such exclusion is legally permissible. In general, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Should individual provisions of these Terms and Conditions of Sale and Delivery be legally invalid, the remaining provisions shall remain in full force and effect.
