Conditions

The General Terms and Conditions (hereinafter “GTC”) of O’Ndiki Inh. Gaelle Keundjeu Mougnekabol (hereinafter “Seller”), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods offered by the Seller in its online store. The inclusion of the customer’s own terms and conditions is objected to unless expressly agreed otherwise.

A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The product descriptions contained in the online store of O’Ndiki do not constitute binding offers on the part of the seller, but are the basis for the submission of a binding offer by the customer.

The Customer may submit the offer via the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can do this by e-mail or by post to the seller.

The Seller may accept the Customer’s offer within five days,- by sending the Customer a written order confirmation or an order confirmation in text form by e-mail, in which case the receipt of the order confirmation by the Customer shall be decisive, or- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or- by requesting payment from the Customer after the Customer’s order has been placed.If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. Translated with www.DeepL.com/Translator (free version) The period for acceptance of the offer begins on the day after the customer sends the offer 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 shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

If the payment method “PayPal Express” is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.

When submitting an offer via the seller’s online order form, the text of the contract will be stored by the seller after the conclusion of the contract and sent to the customer in text form by e-mail after the customer has sent his order. The seller will not make the text of the contract available to third parties. If the customer has set up a user account in the seller’s online store before sending his order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.

Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on his screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

Only the German language is available for the conclusion of the contract.

The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

Consumers are generally entitled to a right of withdrawal.

Further information on the right of withdrawal can be found in the seller’s cancellation policy.

The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

The payment options are communicated to the customer in the seller’s online shop.

If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the validity of PayPal -Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .

Goods are delivered to the delivery address specified by the customer, unless otherwise agreed.

If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller’s cancellation policy applies to the return costs.

If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.

The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the non-delivery is not the responsibility of the seller and he has concluded a specific hedging transaction with the supplier with due care. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

Pickup is not possible for logistical reasons.

In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties 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 have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.

If the purchased item is defective, the statutory liability for defects applies. Notwithstanding this, the following applies:If the customer acts as an entrepreneur,- the seller has the choice of the type of supplementary performance;- for new goods, the limitation period for defects is one year from the transfer of risk;- for used goods, the rights and claims due to defects are generally excluded;- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

If the customer acts as a consumer, the following applies to used goods with the restriction of the following number: 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.

The limitations of liability and shortening of time periods stipulated in the above clauses shall not apply to items which have been used for a building in accordance with their customary use and have caused the defectiveness thereof,- to claims for damages and reimbursement of expenses of the customer, and- in the event that the seller has fraudulently concealed the defect.

In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

If the customer acts as a merchant within the meaning of § 1 HGB, he has the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:The Seller shall be liable without limitation for any legal reason- in case of intent or gross negligence,- in case of intentional or negligent injury to life, body or health,- on the basis of a warranty promise, unless otherwise regulated in this respect,- on the basis of mandatory liability such as under the Product Liability Act.

If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above paragraph. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.

Incidentally, a liability of the seller is excluded.

The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer’s registered office.

The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts which a consumer is involved.

The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

The payment options are communicated to the customer in the seller’s online shop.

If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the validity of PayPal -Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .

Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated in the voucher.

Gift vouchers and remaining balances of gift vouchers can be redeemed up to one year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiry date.

Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

Only one gift voucher can be redeemed per order.

Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.

If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

The balance of a gift voucher is neither paid out in cash nor does it earn interest.

The gift voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.