Terms &
customer info

1Scope

1.1 These General Terms and Conditions (hereinafter “Terms”) of Faranak Zaboli, trading as “Oek Factory” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or trader (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These Terms apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise provided. In that case the Seller owes, in addition to the delivery of the goods, the provision of digital content or digital services (hereinafter “digital products”) that are contained in or connected with the goods in such a way that the goods cannot perform their functions without them.

1.3 These Terms apply accordingly to contracts for the delivery of vouchers, unless otherwise provided.

1.4 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession.

1.5 A trader within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

2Conclusion of the contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller; they serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the basket by clicking the button that concludes the ordering process.

2.3 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 (fax or e-mail), in which case receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the moment the first of them occurs. The period for accepting 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 this period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is 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 User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller already now declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 If the payment method “Amazon Payments” is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that concludes the ordering process they also issue a payment order to Amazon. In this case the Seller already now declares acceptance of the Customer's offer at the moment the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When an order is placed via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and is sent to the Customer in text form (e.g. e-mail, fax or letter) after the order has been submitted. The Seller does not make the text of the contract accessible beyond this.

2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors is the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing is usually carried out automatically by e-mail. The Customer must ensure that the e-mail address they provide for order processing is correct, so that the e-mails sent by the Seller can be received at this address.

3Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise 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.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

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

4.5 If a payment method offered via the payment service “PayPal” is selected, payment is processed via PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal under which it makes advance performance to the Customer (e.g. purchase on account or payment by instalments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the Customer the selected payment method if the result of the check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case the Customer can only make payment with discharging effect to PayPal or to the payment service provider commissioned by PayPal. Even in the event of the assignment of the claim, however, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.6 If the payment method “Sofortüberweisung” is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung”, the Customer must have an online banking account activated for participation in “Sofortüberweisung”, identify themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is carried out by Klarna immediately afterwards and the Customer's bank account is debited. Further information on the payment method “Sofortüberweisung” is available online at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the payment service “Apple Pay” is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the Customer in the Seller's online shop. Apple may use other payment services to process payments, for which special payment terms may apply, of which the Customer may be informed separately. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.8 If a payment method offered via the payment service “Google Pay” is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the Customer in the Seller's online shop. Google may use other payment services to process payments, for which special payment terms may apply, of which the Customer may be informed separately. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.9 If a payment method offered via the payment service “Commerz Global Pay” is selected, payment is processed by the payment service provider Commerz Globalpay GmbH, Elsa-Brandström-Straße 10-12, 50668 Cologne, Germany (hereinafter “Commerz Global Pay”). The individual payment methods offered via Commerz Global Pay are communicated to the Customer in the Seller's online shop. Commerz Global Pay may use the services of third-party payment service providers to process payments, for which special payment terms may apply, of which the Customer may be informed separately. Further information on “Commerz Global Pay” is available online at https://www.commerz-globalpay.com/de-de/loesungen/e-commerce.

4.10 If a payment method offered via the payment service “Stripe” is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, of which the Customer may be informed separately. Further information on Stripe is available online at https://stripe.com/de.

4.11 If a payment method offered via the payment service “SumUp” is selected, payment is processed via the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter “SumUp”). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. SumUp may use other payment services to process payments, for which special payment terms may apply, of which the Customer may be informed separately. Further information on SumUp is available online at https://www.sumup.com/de-de/.

4.12 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method if the result of the credit check is negative.

5Delivery and shipping terms

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provision made in the Seller's instructions on withdrawal applies to the return costs.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise 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 generally passes only when the goods are handed over to the Customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer resident in Germany or as a trader, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller's fault and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without delay and any consideration will be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by e-mail

6Retention of title

If the Seller makes advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

7Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory rules on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a trader,

• the Seller may choose the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not start again if a replacement is delivered within the scope of liability for defects.

7.2 The limitations of liability and shortened periods set out above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification duties set out there, the goods are deemed approved.

7.5 If the Customer acts as a consumer, they are asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Customer acts as a consumer resident in Germany or as a trader, the following limitations of liability apply:

If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical of the contract, unless it is liable without limitation under the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, whose fulfilment is essential to the proper performance of the contract and on whose observance the Customer may regularly rely. Otherwise, liability of the Seller is excluded, unless it is liable without limitation under the preceding clause.

8.3 The above provisions on liability also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.4 Several promotional vouchers can also be redeemed with one order.

9.5 If the promotional voucher relates to a specific amount rather than a percentage discount, the value of the goods must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is intended for use only by the person named on it. A transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the substantive entitlement of the respective voucher holder.

10Redemption of gift vouchers

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

10.2 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

10.3 The credit of a gift voucher is neither paid out in cash nor does it bear interest.

10.4 The gift voucher is transferable. The Seller can make payment with discharging effect to the respective holder 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-entitlement, the legal incapacity or the lack of authority to represent of the respective holder.

11Applicable law

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

11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

12Alternative dispute resolution

The Seller is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.