Terms of service

General terms and conditions with customer information

 1. Scope
 2. Conclusion of contract
 3. Prices and terms of payment
 4. Delivery and shipping conditions
 5. Right of withdrawal
 6. Retention of title
 7. Liability for defects
 8. Liability
 9. Redeeming gift certificates
 10. Redemption of campaign vouchers
 11. Applicable Law
 12. Place of jurisdiction
 13. Information on online dispute resolution

1. Scope

1.1. These general terms and conditions (hereinafter referred to as "GTC") of the "ocuel UG (limited liability)" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") with the seller via the seller closes the goods offered in his online shop. The inclusion of the customer's own conditions is contradicted, unless otherwise agreed.

1.2. These terms and conditions apply accordingly to the purchase of vouchers, if and unless otherwise expressly regulated.

1.3. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.4. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1. The presentation of the goods, especially in the online shop, does not yet constitute a binding offer by the seller.

2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all data required for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the ordering process, the customer makes a binding offer to purchase the goods in the shopping cart.

The customer can also submit this offer to the seller by fax, email, post or telephone.

2.3. The seller accepts the customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or email) 
or
- Request for payment to the customer after placing the order 
or
- Delivery of the ordered goods 
  
The first alternative that occurs is decisive for the time of acceptance. 

The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this represents a rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4. If the customer selects the payment method "PayPal" or "PayPal Express" to pay for his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer issues the payment order to PayPal at the same time by clicking this button, the seller declares, in deviation from the above regulations, to accept the customer's offer at the time the payment order is issued. 

2.5. The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the general terms and conditions are sent to the customer by email. After completing the order, the contract text is available to the customer free of charge via his customer login, provided that the customer has opened a customer account. 


2.6. All entries made are displayed before the order button is clicked and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer for correction, if available, which are labeled accordingly. 


2.7. The contract language is German.

2.8. It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as setting the filter functions so that emails relating to this order can be delivered. 

3. Prices and terms of payment

3.1. Unless otherwise agreed, the prices shown are final prices including statutory sales tax.
If there are additional shipping costs, this can be found in the product description.

3.2. If the delivery takes place in non-EU countries, additional duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to banks.
It is recommended that the customer inquire about the details before ordering from the respective institutions or authorities.

3.3. The customer can choose the payment methods that are available in the online shop.

3.4. When paying via SEPA direct debit, the purchase price is due after the deadline for providing advance information on payment and after issuing a SEPA direct debit mandate.
Advance information is the seller's announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example. 
The amount will be collected when the goods leave the warehouse and the deadline for prior information has expired.

If it is impossible to redeem the direct debit due to insufficient funds in the account or the provision of incorrect bank details, the customer must bear the costs of the chargeback if he is responsible for them. The same applies in the event of an objection by the customer if he was not entitled to do so.

3.5. When paying by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply for this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. 

3.6. When paying on "Invoice by immediately", the purchase price is due after delivery of the goods and invoicing. The purchase price is to be paid within 14 days of receipt of the invoice to BFS finance GmbH, Gütersloher Str. 123, 33415 Verl. 
The seller assigns his claim to Deutsche Kontor Privatbank AG (under the name Sofort Bank, Hirtenweg 14, 82031 Grünwald, Germany). In turn, Sofort Bank assigns the payment claim to BFS finance GmbH. Therefore, the customer can only pay to BFS finance GmbH with a debt-discharging effect. 
The creditworthiness of the customer is a prerequisite for the approval of payment via "Invoice by immediately".
The billing address must be in Germany.

In the event of default in payment by the customer, the seller is entitled, after a grace period of two weeks has elapsed without result, to make all claims due to him against the customer due if the arrears 1) relates to at least two different invoices and 2) amounts to at least 10% of the total claim.

The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment via "invoice by immediately".

3.7. When paying via "PayPal direct debit", PayPal collects the claim after issuing a SEPA direct debit mandate and after expiry of the period for prior information on behalf of the seller from the customer's bank account. Advance information is the seller's announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be redeemed due to insufficient funds in the account or due to the specification of incorrect bank details, or if the customer objects to the direct debit without being entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by the payment by direct debit.

3.8. When paying by "PayPal Credit" (installment payment via PayPal), the seller assigns his payment claim to PayPal, so after the assignment can only be made to PayPal with debt-discharging effect.
PayPal carries out a credit check beforehand using the customer data transmitted. The seller can refuse the customer the payment method in the event of a negative credit check result. If PayPal allows payment via "PayPal Credit", the customer has to pay the invoice amount to PayPal according to the conditions specified by the seller, which are communicated to him in the seller's online shop. 
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.

3.9. When paying via Klarna purchase on account or Klarna installment purchase, payment is processed via Klarna BANK AB (publ) [https://www.klarna.com/de], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information on Klarna purchase on account and in installments as well as Klarna's conditions for this can be found in the seller's payment information under the following link:

https://ocuel.org/policies/shipping-policy

3.10. When paying on account via "PayPal invoice", the payment is processed by PayPal.
The purchase price is due after delivery of the goods and must be paid to PayPal within 30 days of receipt of the invoice, unless a different payment term is specified.
The purchase on account requires a successful credit check by PayPal. 
If the customer is allowed to purchase on account after checking the creditworthiness, the seller assigns his claim to PayPal, therefore payments can only be made to PayPal with debt-discharging effect. 
The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this payment method.
Otherwise, the general terms of use for the use of purchase on account from PayPal apply: https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

3.11. When paying by "SOFORT", the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to use the payment method, the customer needs an online banking account with PIN / TAN that has been activated for participation in "SOFORT", with which he can legitimize himself during the payment process and confirm the payment instruction to "SOFORT" . The payment is carried out by "SOFORT" immediately after the payment process has been completed and the customer's bank account is debited. More information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.

3.12. The seller also offers the customer the option of financing the purchase price for certain specifically designated items through the seller's partner bank. The following requirements must be met for this:

- Customer and borrower are identical.

4. Delivery and shipping conditions

4.1. The delivery of goods by dispatch takes place to the delivery address given by the customer. Deviating from this, when paying by PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.

4.2. If the seller incurs additional costs due to the specification of a wrong delivery address or a wrong addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has appropriately announced the service beforehand. The costs of sending the goods are excluded from this rule if the customer has effectively exercised his right of withdrawal. Here it remains with the legal regulation or the regulation made by the seller.


4.3. The risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment, if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk only takes place when the goods are handed over to the customer or a person authorized to receive them. 
Deviating from this, the transfer of risk also takes place for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise appointed to carry out the shipment, if the customer has appointed the carrier, the carrier or otherwise to carry out the shipment Person or institution commissioned with the execution themselves and the seller has not previously named this person or institution to the customer.

4.4. The conclusion of the contract is subject to the proviso that in the event of improper, delayed or non-delivery self-deliveries, delivery is not made, or only partially or accordingly later. This only applies in the event that there is a congruent hedging transaction between the seller and the supplier, the improper, delayed or lack of self-delivery is not the responsibility of the seller and cannot be remedied by him with reasonable efforts. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.

4.5. If the customer has agreed to collect the goods himself, he will be informed by the seller that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller's headquarters or at an agreed location after consultation with the seller. In this case there are no shipping costs.

4.6. Vouchers are given to the customer in the following form:

• by email
• by download
• by post

5. Right of withdrawal

5.1. If the customer is a consumer, he generally has a right of withdrawal. 

5.2. The seller's cancellation policy applies to the right of cancellation.

5.3. Consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract have no right of revocation.

6. Retention of title

6.1. In contracts with consumers, the goods remain the property of the seller until they have been paid for in full.


6.2. In the case of contracts with entrepreneurs, the goods remain the property of the seller until all claims from an ongoing business relationship have been settled in full. 


6.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. 
The customer assigns the claims against third parties arising from the resale to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer may also collect claims after the assignment, but this does not affect the right of the seller to collect the claims himself. However, the seller will refrain from collecting the claims as long as the customer fulfills his payment obligations to the seller, is not in default of payment and no application has been made to open insolvency proceedings against the customer.

7. Liability for defects

With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these terms and conditions.

7.1. If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• In the case of used goods, the rights and claims due to defects are generally excluded;
• In the case of new goods, the limitation period for defects is one year from the transfer of risk;
• the limitation period does not start again if a replacement delivery has been made within the scope of liability for defects.

7.2. If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.

7.3. The limitations of liability and shortening of the limitation period regulated above
 do not apply

• for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for damage caused culpably by the seller from injury to life, limb or health and in the case of grossly negligent or willful damage 
• or in the event of malice on the part of the seller and in the event of claims in accordance with §§ 478, 479 BGB

7.4. The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB 
stay untouched.

7.5. If the customer is a merchant i.S.d. § 1 of the German Commercial Code (HGB), the commercial inspection and complaint obligations in accordance with § 377 of the German Commercial Code apply. 

7.6. If the customer acts as a consumer, he is asked to complain to the deliverer about the goods received with obvious transport damage and to inform the seller of this. 
It is expressly made clear that the customer's statutory or contractual claims for defects will not be affected if the customer does not comply with this request.

8. Liability

The seller's liability from all contractual, contractual and statutory as well as tortious claims for damages and reimbursement of expenses is determined as follows:

8.1. The seller is only fully liable for damage that can be traced back to willful or grossly negligent behavior.
In the event of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), the seller is also liable in the event of slight negligence.

An essential contractual obligation is one, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely.

As regulated above, the seller is also liable based on a guarantee promise, unless otherwise regulated in this regard.

This also applies to indirect consequential damage such as, in particular, lost profit and to mandatory liability such as under the Product Liability Act.

8.2. Liability is - except in the case of willful or grossly negligent behavior or in the case of damage to life, body and health and the violation of essential contractual obligations (cardinal obligations) - for the damage typically foreseeable at the time the contract was concluded and, for the rest, for the average damage typical for the contract limited. This also applies to indirect consequential damage such as, in particular, lost profit.

8.3. Incidentally, a liability of the seller is excluded.

8.4. The above liability regulations also apply mutatis mutandis in favor of the employees and vicarious agents of the seller.

9. Redeeming gift certificates

9.1. Vouchers that have been purchased through the seller's online shop ("gift vouchers") can only be redeemed in the seller's online shop.

9.2. Gift vouchers and remaining balance of gift vouchers can be redeemed up to the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer's voucher account until the expiry date.

9.3. Gift vouchers can only be redeemed before completing the order process. There will be no subsequent redemption.

9.4. Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order.

9.5. Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers cannot be paid for with a voucher.

9.6. If the value of a gift voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

9.7. Credit on gift vouchers will not be paid out and no interest will be charged.

9.8. The gift voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material entitlement of the respective voucher holder.

10. Redemption of campaign vouchers

10.1. Vouchers that the seller gives free of charge as part of (advertising) campaigns with a certain period of validity and that the customer cannot purchase ("promotion vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.

10.2. Promotion vouchers can only be redeemed by consumers.

10.3. Individual products can be excluded from the voucher campaign. 
The specific restrictions can be found on the campaign voucher.

10.4. Promotional vouchers can only be redeemed before the order process has been completed. There is no subsequent billing.

10.5. Only one campaign voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.

10.6. The goods value of the respective order must at least reach the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.

10.7. If the value of a campaign voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

10.8. The credit of a campaign voucher is neither paid out nor interest.

10.9. The campaign voucher will also not be reimbursed if the customer returns the goods paid for in full or in part with the campaign voucher within the scope of his statutory right of withdrawal.

10.10. The campaign voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller has the right, but not the obligation, to check the material entitlement of the respective voucher holder.

11. Applicable Law

11.1. The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. 
The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

11.2. This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded. 

12. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the seller's place of business. 
If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if this contract or claims from this contract can be attributed to the professional or commercial activity of the customer. 
However, in the aforementioned cases, the seller is also entitled to call the court at the customer's registered office.

13. Information on online dispute resolution

The EU Commission's online dispute resolution platform can be found on the Internet at the following link: https://ec.europa.eu/odr

We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but we are generally ready to do so.