Terms of service
As of 16.10.2024
General Terms and Conditions of IVY OAK GmbH
§ 1 Scope and Provider
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These General Terms and Conditions (GTC) apply to all orders placed by you in the online shop of IVY OAK GmbH, Giesebrechtstraße 20, 10629 Berlin, Managing Directors: Caroline Gentz, Kristin Versümer-Brockmann, Email: hello@ivyoak.com.
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The product offerings in our online shop are directed exclusively at buyers who are at least 18 years old. If you are under 18, the involvement of a legal guardian is required.
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Our deliveries, services, and offers are made exclusively based on these General Terms and Conditions. These General Terms and Conditions also apply to all future business relationships with companies, even if they are not explicitly agreed upon again. We hereby object to the inclusion of any customer terms and conditions that contradict our General Terms and Conditions.
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The contract language is exclusively German.
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You can access and print the currently valid General Terms and Conditions on the website at https://www.ivyoak.de/pages/agb. The contract text of these GTC is not separately stored by us after the contract is concluded.
§ 2 Conclusion of Contract
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The presentation of goods in the online shop does not constitute a binding offer to enter into a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
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By clicking the "Buy" button, you submit a binding purchase offer (§ 145 of the German Civil Code – BGB).
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Upon receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation). This order confirmation does not constitute acceptance of your purchase offer. A contract is not yet concluded with this order confirmation.
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A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we dispatch the goods to you without prior express acceptance. If multiple of the aforementioned alternatives apply, the contract is concluded at the moment one of these alternatives first occurs. Your offer can only be accepted by us until the time you can expect a response under regular circumstances (§ 147(2) BGB). Exception: for payments made by prepayment, PayPal, and Sofort by Klarna, the acceptance of the order occurs immediately with your order.
§ 3 Prices
The prices listed on the product pages include the statutory value-added tax (VAT) and other price components and are understood to be plus any applicable shipping costs. For more information about shipping costs, please visit our website under [LINK: "Shipping Information" / "Delivery Terms"].
§ 4 Payment Terms, Default
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Payment can be made by invoice, credit card, or PayPal.
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The selection of the available payment methods is at our discretion. In particular, we reserve the right to offer you only selected payment methods, for example, to mitigate our credit risk, we may only offer payment by advance payment.
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If you select advance payment as the payment method, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.
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For payment by cash on delivery, an additional fee of [X] EUR will be charged, which the delivery agent will collect on-site. No further costs or taxes will be incurred.
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For payment by credit card, the purchase price will be reserved ("authorization") on your credit card at the time of order. Your credit card will actually be charged when we dispatch the goods to you.
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When paying with PayPal, you will be redirected to the website of the online provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") during the ordering process. After placing your order in the shop, we will instruct PayPal to initiate the payment transaction. Further information will be provided during the ordering process. The payment transaction will be carried out by PayPal immediately thereafter, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or if the customer does not have a PayPal account, under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
§ 5 Set-Off, Right of Retention
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You are only entitled to set-off if your counterclaim has been legally established, is undisputed by us, or is closely related to our claim in a synallagmatic relationship.
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You may only exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
§ 6 Delivery, retention of title
1. unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
2. the goods remain our property until the purchase price has been paid in full. 3. by way of exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite for this is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will reimburse you immediately for any payments already made. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
4. if you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:
We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorised to collect the claims. If you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
- If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released is incumbent on us.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes which cannot be attributed primarily to your commercial or independent professional activity, you have a right of cancellation in accordance with the following provisions.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation 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 your right of cancellation, you must notify us at
IVY OAK GmbH, Giesebrechtstraße 20, 10629 Berlin,
Telephone number: +49 (0) 30 220 564 200
E-mail: hello@ivyoak.com
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 cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
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; in no case will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return the goods immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract to Meyer & Meyer Logistikzentrum Osnabrück GmbH & Co. KG, (IVY OAK GmbH), Hettlicher Masch 21, 49084 Osnabrück, Germany, without undue delay. The deadline is met if you dispatch the goods before the period of fourteen days has expired. We will bear the 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.
End of the cancellation policy
Sample cancellation form
If you wish to cancel the contract, please complete this form and return it to us.
To
IVY OAK GmbH, Giesebrechtstraße 20, 10629 Berlin,
E-mail: hello@ivyoak.com
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*):
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.
1. the right of cancellation does not apply to the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. custom-made products) or to the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
2. please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for compensation due to damage caused by defective packaging.
3. please note that the modalities mentioned in the above paragraph 2 are not a prerequisite for the effective exercise of the right of cancellation.
§ 8 Voluntary right of return up to 30 days after receipt of goods
1. for all purchases you make in our online shop, we grant you a voluntary right of return of 30 days from receipt of the goods in addition to the statutory right of cancellation. With this right of return, you can also withdraw from a purchase contract after the cancellation period (§ 7) has expired by returning the purchased goods to the address below within 30 days of receipt of the goods. The timely dispatch of the goods is sufficient to meet the deadline: Please send goods in case of return to: Meyer & Meyer
Logistics Centre Osnabrück GmbH & Co. KG, (IVY OAK GmbH), Hettlicher Masch 21, 49084 Osnabrück.
2. a right of return only exists if you have only worn the goods to try them on, as is possible in a retail shop, the goods are undamaged and the goods are returned complete in their original packaging. 3. there is no right of return for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. custom-made products) or for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
In the event of a return, you can use the return label enclosed with the order. If the return label is no longer available, you can request a new return label via hello@ivy-oak.com.
5. your statutory right of cancellation (see § 7) is not affected by compliance with our rules on the supplementary contractual (voluntary) right of return and remains unaffected by this. Until the expiry of the period for the statutory right of cancellation, only the statutory conditions listed there apply. The contractually granted (voluntary) right of return also does not restrict your statutory warranty rights (§ 10), which remain unrestricted.
§ 9 Transport damage
1. if goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.
2. failure to lodge a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
§ 10 Warranty
1. unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).
2. in all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 para. 1 no. 3 BGB. 3. if you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely despatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
If the subsequent fulfilment fails twice, you can demand a reduction or withdraw from the contract at your discretion.
- The warranty period is one year from delivery of the goods.
§ 11 Liability
1. unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.
2. otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
§ 12 Alternative dispute resolution
1. the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
2 We endeavour to settle any disputes arising from our contract amicably. Beyond this, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 13 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
2. contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, ‘UN Sales Convention’). The choice of law only applies to a limited extent or does not apply if the buyer is a consumer and concludes this purchase contract for a purpose that cannot be attributed to his professional or commercial activity and the buyer is deprived of consumer protection provisions of his country of residence by this contract, which may not be deviated from by agreement under the law of the buyer's country of residence. In this case, in addition to the above choice of law, the relevant consumer protection provisions of his country of residence shall also apply or a choice of law is excluded under the law of the country in which the user has his domicile or habitual residence. In this case, the purchase contract shall be governed by the law to which the corresponding law of this country refers.
If the user is a consumer with habitual residence in Switzerland, Swiss law shall apply, provided that the requirements of Art. 120 para. 1 let. a-c IPRG are met. If the user is a consumer with habitual residence in Norway, the Norwegian Consumer Purchase Act applies, provided that the requirements of § 1 of the Norwegian Consumer Purchase Act are met.
3. if you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be Berlin.