AGB
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier. (Leyendecker & Leyendecker GbR) via the website www.ocardoo.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of digital content (data created and provided in digital form).
(2) Already by placing the respective digital content on our website, we submit a binding offer to conclude a contract via the online shopping basket system on the terms and conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The digital contents intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data and the terms of payment, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Licence of use for digital content
(1) The digital content offered is protected by copyright. You will receive a usage licence from the respective licensor for each digital content purchased from us. The type and scope of the licence of use result from the terms and conditions stated in the respective offer. Licence conditions.
§ 4 Individually designed digital content
(1) You shall provide us with the suitable information, texts or files required for the individual design of the digital content via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications regarding file formats, if any, shall be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and therefore assume no liability for errors.
(4) Insofar as stated in the respective offer, you will receive a draft correction from us, which you must check without delay. If you agree with the draft, you release the draft for execution by countersigning it in text form (e.g. e-mail).
Design work will not be carried out without your approval.
It is your responsibility to check the proof for accuracy and completeness and to notify us of any errors. We accept no liability for errors that are not objected to.
§ 5 Special agreements on payment methods offered
(1) Payment via Klarna
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Invoice: The payment period is 14 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The full billing terms for the countries where this payment method is available can be found here: Germany.
Instant bank transfer: Available in Germany. Your account will be debited immediately after placing the order.
- Direct debit: The debit will be made after the goods have been dispatched. The date will be notified to you by e-mail communicated.
Credit card (Visa/Mastercard): Verfügbar in Deutschland. Die Abbuchung erfolgt nach Versand der Ware oder Tickets / Verfügbarkeit des Services oder im Falle eines Abonnements entsprechend der kommunizierten Zeiten.
The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of the address and creditworthiness check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
For more information and Klarna's terms of use, see here. You can get general information about Klarna here. Your personal information will be processed by Klarna in accordance with applicable data protection laws and as set out in Klarna's privacy policy treated.
You can find more information about Klarna here. You can find the Klarna App here.
§ 6 Right of retention
You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
§ 7 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Leyendecker & Leyendecker GbR
Fence bush 6
42329 Wuppertal
Germany
Phone: +49 202 7992026 (kein Kundenservice)
E-mail: info@ocardoo.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contractual language is German .
3.2 We do not store the complete text of the contract. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have submitted to the Buyer's Seal Quality Criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. prices and payment modalities
6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 There are no shipping costs.
6.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4. Any costs incurred for the transfer of money (transfer fees or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Provision
7.1 The conditions for provision, the provision date and any existing provision restrictions can be found under a correspondingly designated button on our website or in the respective offer.
8. statutory liability for defects
The statutory rights of liability for defects shall apply.
These terms and conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/
last update: 01.01.2022
