As of 06.2023
1. General.
These general terms and conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the oc1 online shop between PlusMX Tomasz Banaszak Karl-Liebknecht Str. 6 D-17321 Löcknitz
and customers who are consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
2. Acknowledgment of the GTC
The customer acknowledges these GTC and agrees to them as soon as he places an order. The contractual partners agree on the application of Austrian law.
If the consumer has his domicile or habitual residence in Germany or if he is employed in Germany, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be justified for an action against him; this does not apply to legal disputes that have already arisen.
3. Defense Clause
The inclusion of general terms and conditions or contract terms of the customer that deviate from these terms and conditions will be rejected unless they are expressly recognized by PlusMX Tomasz Banaszak .
4. Conclusion of contract
4.1. The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to submit an offer himself. The customer submits the offer in the legal sense by placing the order. The receipt of the order is confirmed together with the acceptance of the order immediately after it has been sent by an automated e-mail. With this e-mail confirmation, the purchase contract has come about.
4.2. In the overview of the product range of the online shop, the customer can select the desired product(s) by clicking on the "Add to shopping cart" button. The selected goods are temporarily stored in the shopping cart during the customer's visit to the website. By clicking on the "Proceed to checkout" button next to the goods listed in the shopping cart, the ordering process is continued. On the following page, the customer is asked to register for the online shop if he already has an account or to register for a new one. The customer then selects the delivery location and payment method he/she desires and enters the data required to make the payment. When choosing external payment services such as PayPal, the customer is forwarded to the external website of the respective payment service provider. Before the order is placed, the data relevant to the order is summarized in an "order overview". The customer is free to check his details in the order overview again and correct them if necessary before sending his order to PlusMX Tomasz Banaszak by clicking on the "Send & Pay" button . By clicking on the "Send & Pay" button, the customer submits a binding purchase offer in relation to the goods he has selected.
4.3. In individual cases , PlusMX Tomasz Banaszak may be legally obliged to request certain information about the customer before the sale and dispatch of a product, which goes beyond the usual information for processing an order (e.g. according to § 3 Chemicals Prohibition Ordinance); such information can in particular relate to proof of the identity of the customer or proof of permission to trade in such products.
4.4. Upon receipt of the order , PlusMX Tomasz Banaszak will send a notification e-mail to the e-mail address provided by the customer, in which the receipt of the order is confirmed and its content is reproduced (hereinafter referred to as "order confirmation"). If PlusMX Tomasz Banaszak refuses to conclude the contract, the customer will be informed immediately by email.
5. Storage of the text of the contract
The text of the contract, i.e. the customer's details about the ordering process, is saved by PlusMX Tomasz Banaszak and can be viewed by the customer under the link "My Account" à "My Orders". Irrespective of this, PlusMX Tomasz Banaszak will send an order confirmation and these General Terms and Conditions to the email address provided by the customer.
6. Right of Withdrawal / Withdrawal
You can return the goods received without giving a reason within 14 days by returning the goods. See return information here .
Right of withdrawal
The following cancellation policy applies to contracts for goods that can be sent as a package by post.
Right of withdrawal for goods that can be sent by parcel post
As a consumer, you have the right to withdraw from this contract within fourteen days without giving a 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 last took possession of the goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).
You can use our Sample withdrawal form use, but is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have to refund all payments that we have received from you (with the exception of shipping costs) immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract . For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back and checked them.
You must send the goods to us immediately, including the return form :
PlusMX
Tomasz Banaszak
Karl-Liebknecht Str. 6
D-17321 Löcknitz
Email: info@oc1cleaner.com
to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.
You have to pay for returns yourself.
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer cannot be revoked.
You can find detailed information on the subject of returns here .
The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods that are not prefabricated and for their manufacture
an individual choice or determination by the consumer is decisive or
which are clearly tailored to the personal needs of the consumer.
- Contracts for the delivery of goods that can spoil quickly or whose
expiry date would soon be exceeded.
- Contracts for the delivery of goods for reasons of health protection or
Hygiene are not suitable for return if opened after delivery or
were used.
- Contracts for the delivery of goods if these after delivery due to their
condition were inseparably mixed with other goods.
- Contracts for the delivery of goods, the price of which was agreed upon when the contract was concluded
but can be delivered at the earliest 30 days after the conclusion of the contract and their most recent
Value depends on fluctuations in the market over which the entrepreneur has no influence.
- Contracts for the supply of sound or video recordings or computer software in a sealed
Pack if unsealed after delivery.
- Contracts for the delivery of newspapers, periodicals or magazines with exception
of subscription contracts.
End of revocation
7. Prices
All product prices are total prices; they include the statutory value-added tax (VAT).
Subject to price errors. If the correct price is higher, the customer is contacted; in this case, a contract is only concluded if the customer wants to buy at the actual price. If the correct price is lower, this price will be charged.
8. Shipping Costs
Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers. The applicable sales tax is included in the shipping costs.
When paying by cash on delivery, the cash on delivery fee must also be paid. This will not be charged to the customer, rather he has to pay it directly to the delivery agent.
9. Terms of Delivery
Unless otherwise agreed, delivery will be made to the address specified by the customer.
We also deliver to packing stations.
The estimated delivery time is indicated directly in the shopping cart. When paying in advance, the delivery period begins one day after receipt of the amount on the bank account of PlusMX Tomasz Banaszak . In the case of payment by cash on delivery or purchase on account, the delivery period begins one day after the day the contract was concluded. In other cases, the delivery period begins one day after receipt of the order.
PlusMX Tomasz Banaszak bears no responsibility in the event of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which PlusMX Tomasz Banaszak is not responsible, PlusMX Tomasz Banaszak is entitled to withdraw from the contract in whole or in part. PlusMX Tomasz Banaszak will inform the customer about this immediately.
Claims for damages are excluded in this case. The customer will be informed about existing delivery restrictions before the start of the ordering process .
10. Maturity and retention of title
The customer can pay by collection, advance payment, PayPal, direct debit, if necessary purchase on account as a business customer, by credit card, by paydirekt or cash on delivery. Cash on delivery is only possible within Germany / Poland. For orders with very high order values, we reserve the right to deliver them only against advance payment.
The purchase price is due upon dispatch of the ordered products and corresponding dispatch confirmation (conclusion of contract) . If a payment period is specified on the invoice based on the calendar, the customer is in default when this period expires if he has not paid by the specified date. In this case, consumers have to pay default interest of five percentage points above the base rate of the European Central Bank (ECB), entrepreneurs of eight percentage points above the base rate of the ECB.
The customer's obligation to pay interest on arrears does not exclude PlusMX Tomasz Banaszak's assertion of further default damages .
PlusMX Tomasz Banaszak reserves the right to exclude individual payment methods from the customer. This applies in particular to purchases on account and direct debit without a security period, which we can only offer to customers whose creditworthiness has been verified on the basis of a positive check based on mathematical and statistical principles, since we make advance payments in this respect.
Further information on the credit check can be found in our data protection declaration.
The delivered goods remain the property of PlusMX Tomasz Banaszak until full payment has been made
11. Terms of Payment
PlusMX Tomasz Banaszak accepts the payment methods listed here.
When paying in advance, the customer transfers the invoice amount within 14 days
Conclusion of the contract to the account of PlusMX Tomasz Banaszak (bank details in the order confirmation
and visible in the imprint). The dispatch takes place only after receipt of payment.
When paying by cash on delivery, the customer pays the cash on delivery fee directly to the deliverer. The amount of the cash on delivery fee depends on the delivery country. You will be informed of the costs before completing the order.
When paying by credit card, your credit card will be charged after the order has been completed. This also happens immediately if we do not have the goods in stock and can only send them in a few days. Our cooperation partner for this is either stripe.com or paypal.com.
Paypal - You pay the invoice amount via the online provider PayPal. You must be registered there or register first. After legitimation with the access data, you can confirm the payment order to us. You'll get more information during the ordering process.
Information on data protection can be found under data protection.
12. Warranty
Unless otherwise specified, the general legal regulations apply.
The warranty is excluded for defects caused by the customer.
This is particularly the case in the event of improper handling, incorrect operation or unauthorized repair attempts.
The shortened limitation period does not apply to damages that are based on a grossly negligent breach of duty by PlusMX Tomasz Banaszak or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of PlusMX Tomasz Banaszak .
Furthermore, the shortened limitation period does not apply to claims for damages due to the negligent or intentional breach of essential contractual obligations. Significant contractual obligations are obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
Failure to make a complaint or contact has no consequences for the statutory warranty claims of consumers and only serves to support the provider in asserting his claims against the company commissioned with the delivery of the goods or the insurance company.
If there is a manufacturer's guarantee, the customer must assert the claims arising from this directly against the manufacturer.
The liability of PlusMX Tomasz Banaszak from the guarantee is excluded.
13. Disclaimer
Claims for damages by the customer against PlusMX Tomasz Banaszak are excluded insofar as PlusMX Tomasz Banaszak or its vicarious agents have not acted intentionally or with gross negligence.
Liability for damage resulting from injury to life, limb and health, due to negligent or intentional breach of essential contractual obligations or insofar as liability is mandatory under the Product Liability Act or due to culpa in contrahendo or due to other breaches of duty or tortious claims for compensation for property damage remains unaffected . Significant contractual obligations are obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
No liability is assumed for damage or defects caused by unsuitable or improper use, incorrect or negligent assembly or commissioning by the customer or third parties, incorrect or negligent handling (in particular excessive stress), unsuitable operating resources, replacement materials, chemical, electrochemical or electrical influences have arisen. Sub-liability is also excluded if the customer has carried out, caused or permitted changes to the relevant service object and/or repair work without our consent, unless the customer can prove that these changes were not (contributory) causes of the damage .
14. Right of set-off, right of retention
The customer is not entitled to offset against our claims unless the customer's counterclaims have been legally established or are undisputed. The customer is also entitled to offset against our claims
if he asserts notices of defects or counterclaims from the same purchase contract. The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
15. Privacy
Provisions on data protection are contained in the data protection declaration.
16. Protection of minors
Selling alcohol to young people under the age of 18 is prohibited by law. Our offers in relation to alcohol are therefore aimed exclusively at adults. With your order you assure us that the recipient of the goods is older than 18 years.
17. Changes to the General Terms and Conditions / Subject to Change
We are entitled to change these general terms and conditions unilaterally, insofar as this is necessary to eliminate subsequent equivalence disturbances or to adapt to changed legal or technical framework conditions. We will inform the customer about a change and send the content of the changed regulations to the last known e-mail address of the customer. The change becomes part of the contract if the customer does not object to the inclusion in the contractual relationship in writing or in text form within six weeks of receipt of the notification of the change.
18. Severability Clause
If a provision of these General Terms and Conditions should be ineffective, the validity of the remaining provisions will not be affected.
19. Contract Language
The language available for the conclusion of the contract is German.
20. Contract Law
German law is applied to the contractual relationship.
21. E-Commerce
If the commercial customer intends to resell via the Internet, he must inform us of this by notifying the relevant Internet portal. This obligation to provide information also applies if the customer advertises our name and products on the Internet.
22. Arbitration Board and Online Dispute Resolution
If you have problems, you can submit a complaint via this platform and have it processed by an independent dispute resolution body: https://ec.europa.eu/consumers/odr
Our email address: info@oc1cleaner.com