Terms and Conditions

General Terms and Conditions of Business

§ 1 General Information

(1) The General Terms and Conditions (hereafter referred to as “GTC”) of

opleikra e.K.

Inhaber Sebastian Meixner

Wiesentstr. 15
91077 Dormitz
Germany

hello@opleikra.com

www.opleikra.com

+49 (0) 15128939801

Register Court / Registergericht: Bamberg
Commercial Register Number / Handelsregisternummer: HRA 12609
Sales Tax ID Number / Ust-IdNr: DE 327 316 157

(hereafter referred to as “opleikra” or “we”) apply to all contracts issued via this website when selling to businesses and private consumers.

(2) A business, as pertaining to § 14 BGB of the German Civil Code, is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the interest of their commercial or independent professional activity.

(3) A private consumer, as pertaining to § 13 BGB of the German Civil Code, is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activity.

(4) The use of “customers” within these terms and conditions refers to both private consumers and businesses.

(5) Our GTCs have outright validity. Any terms and conditions asserted by the customer that are contrary to or deviate from these Terms and Conditions of Sale shall not be recognized, unless expressly agreed by opleikra. Our General Terms and Conditions of Business shall also apply if we serve a customer without the knowledge that the customer’s terms and conditions of sale conflict with or deviate from our own.

§ 2 Conclusion of Contracts

(1) The subject of the contract is the sale of goods.

(2) The presentation of goods in the online shop or on the website does not constitute a binding offer by opleikra.

(3) The order of a customer via the web shop is a binding offer in accordance with § 145 BGB of the German Civil Code.

By clicking the “buy” button or by sending a similar declaration of intent to purchase by e-mail, the customer places a binding order for the items in the shopping basket or detailed in writing. We will confirm receipt of the order by e-mail. A binding contract is concluded upon receipt of an order confirmation e-mail.

We are not obliged to accept a customer’s order and can refuse acceptance at any time without reason. In this case, we will inform the customer of the order rejection by e-mail.

(4) Custom-made products cannot be purchased directly from the webshop. Here, the customer must make an enquiry by e-mail. They will then receive an offer from opleikra. This represents a binding offer in accordance with § 145 BGB of the German Civil Code. Offers made by opleikra are valid for 30 days. A binding contract is concluded with the express acceptance of the offer by the customer in writing, by e-mail or by telephone.

(5) If the price information on the website is incorrect, we will inform the customer of this immediately by e-mail and will not process the order made via the web shop. If the customer has already paid the purchase price, we will refund the amount in full.

(6) The contract will be stored by us and sent to the customer after conclusion of the contract together with these general terms and conditions and any customer information in text form, by e-mail or post.

§ 3 Special Conditions for Customised Orders

opleikra also offers custom-made products, which are designated as such. These custom-made products are not in stock at opleikra’s warehouse and are made exclusively for the customer.

The customer cannot purchase custom-made products directly from the webshop. They must first submit a request to opleikra. Within five working-days of receipt of the enquiry, opleikra will contact the customer and, if possible by e-mail or telephone, agree all details necessary for the conclusion of the contract (e.g. production and delivery times, other special requests). Finally, the customer will receive an offer by e-mail. The conclusion of the contract shall be governed by § 2 para. 4 of the German Civil Code.

Custom-made products are excluded from the statutory right of withdrawal. Any warranty rights of the customer remain unaffected. If an agreement is reached with the customer regarding the return of the custom-made product in individual cases, the customer shall be responsible for the return of the goods and for adequate insurance of the shipment.

§ 4 Legal Right to Withdrawal

(1) Private consumers have a legal right of withdrawal, which is explained below. A private consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.

(2) The following cancellation policy applies to goods that can be returned normally by post (goods that can be sent by parcel post).

Cancellation Policy

Right to Withdrawal

You have the right to cancel this contract within fourteen days without reason.

The withdrawal period is fourteen days from the day on which you, or a third party designated by you, other than the carrier, took possession of the goods.

In order to exercise your right of withdrawal, you must inform us clearly, in writing (e.g. by e-mail or post) of your decision to withdraw from this contract to the address below. You may use the attached model withdrawal form, but this is not mandatory.

opleikra e.K.

Inhaber Sebastian Meixner

Wiesentstr. 15
91077 Dormitz
Germany

hello@opleikra.com

www.opleikra.com

+49 (0) 15128939801

Register Court / Registergericht: Bamberg
Commercial Register Number / Handelsregisternummer: HRA 12609
Sales Tax ID Number / Ust-IdNr: DE 327 316 157

You must inform us of your intention to withdraw within the 14-day withdrawal period.

Withdrawal Procedure

If you withdraw from this agreement, we shall reimburse you for all payments we have received from you, including delivery charges. Any additional charges arising from your choice to use a delivery service other than that recommended by opleikra, will not be refunded. Refunds will be made within fourteen days from the date we received notice of your withdrawal from this agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund you until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods to the following address, no later than fourteen days from the date on which you notify us of the cancellation of this agreement:

opleikra e.K.

Inhaber Sebastian Meixner

Wiesentstr. 15
91077 Dormitz
Germany

hello@opleikra.com

www.opleikra.com

+49 (0) 15128939801

Register Court / Registergericht: Bamberg
Commercial Register Number / Handelsregisternummer: HRA 12609
Sales Tax ID Number / Ust-IdNr: DE 327 316 157

You shall bear the direct costs of returning the goods.

You will be required to pay for any loss of value of the goods due to use, outside of what is required for checking the goods on receipt.

(3) Exceptions to this policy

The right of withdrawal does not apply to the following contracts:

  • contracts for the supply of goods which are not prefabricated and for the production of which requires significant input by the customer or products clearly tailored to the personal needs of the customer
  • contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be exceeded quickly
  • contracts for the supply of sealed goods which, for reasons of health protection or hygiene (such as toothbrushes, razor blades, etc.), cannot be returned if their seal has been removed after delivery
  • contracts for the delivery of goods, if these have been inseparably mixed with other goods after delivery

The right of withdrawal expires prematurely for contracts:

  • for the delivery of sealed goods which are not suitable for return for health protection or hygiene reasons, if their seal has been removed after delivery
  • for the delivery of goods if, after delivery, they have been inseparably mixed with other goods

(4) Sample cancellation form

If you want to cancel your contract, please fill in this form and return it to:

opleikra e.K.

Inhaber Sebastian Meixner

Wiesentstr. 15
91077 Dormitz
Germany

hello@opleikra.com

www.opleikra.com

+49 (0) 15128939801

Register Court / Registergericht: Bamberg
Commercial Register Number / Handelsregisternummer: HRA 12609
Sales Tax ID Number / Ust-IdNr: DE 327 316 157

I/we (*) hereby revoke the contract concluded by myself/us (*) for the purchase of the following goods: (*).

Ordered on (*)/received on (*)

Name of the customer:(*)

Address of the customer:(*)

Signature of the customer: (*)

Date:(*)

(*) complete as appropriate.

You can find a print-friendly version of this form here.

§ 5 Prices of goods, shipping costs and accepted payment methods

(1) All prices are inclusive of statutory value added tax. In the case of customers who are businesses, prices in offers are shown plus statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product descriptions. The prices on the day of order are valid for the goods ordered via the online shop. They are explicitly stated during the ordering process. You will also be informed of shipping costs during the ordering process.

(2) We offer the following payment methods: prepayment, credit card (VISA and Mastercard) and Paypal. We do not cover the costs incurred by monetary transactions.

(3) We reserve the right to exclude certain payment methods in individual cases.

§ 6 Due Date and Terms of Payment

(1) Unless otherwise stated below, invoice payments are due immediately upon conclusion of the contract and are payable in full.

(2) If you pay in advance, you will receive our bank details in the order confirmation. As soon as we have received the amount due, we will ship the goods or, in the case of custom-made products, start production.

If the payment is not received within the set period, we will unfortunately have to cancel your order.

Our bank details:

Account Name: opleikra e.K. Inhaber Sebastian Meixner
Bank:                    Sparkasse Forchheim
IBAN:                    DE34 7635 1040 0020 7169 99
BIC:                       BYLADEM1FOR

(3) In the case of purchases by credit card, your credit card account will be debited when the order is sent by us or, in the case of custom-made orders, before the order goes into production.

(4) Invoice claims may be assigned by us to third parties, in particular for refinancing purposes and for the purpose of simplified claims handling. We would like to point out that in the event of assignment, we shall, in accordance with the statutory provisions, provide the third party with the information required for an assignment as well as the information required to assert the assigned claims.

(5) We reserve the right to charge you a EUR 5,90 processing fee, in the event that payment requests must be sent due to delayed or outstanding payments. This does not affect your statutory rights.

(6) The customer is only entitled to offsetting rights if their counterclaims are legally established, undisputed or recognised by us. The customer is only entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship.

§ 7 Reservation of Title

The goods remain the property of opleikra until full payment has been received.

§ 8 Delivery

(1) If your item is sent as a parcel, the delivery time within Germany is approx. 3 – 7 working days from completion of the product. Please note the estimated production time for custom-made products is at least 12 weeks, possibly longer dependent on agreement. The respective valid delivery times can be found in the article details on the product page. The delivery and production times are also stated in the order confirmation or in the opleikra offer. The stated delivery times commence (i) in the case of payment in advance, on the first working day after receipt of payment and, in the case of custom-made products, after completion of the production of the product (ii) in the case of payment by Paypal or credit card, on the first working day after payment is made and, in the case of custom-made products, after completion of the production of the product (iii) if other methods of payment are used, on the first working day after receipt of the order or acceptance of the offer and, in the case of custom-made products, after completion of the production of the product

In the case of freight forwarding delivery, delivery is made to the curb. The delivery times in the case of freight forwarding delivery are available on request from opleikra.

For international deliveries, delivery times are available on request from opleikra.

(2) We will deliver ordered goods either ourselves or by commissioning a third party to the delivery address you specify.

(3) We are entitled, to a reasonable degree, to render partial services; any additional costs incurred as a result shall be borne by us. If you do not wish to receive partial performance under any circumstances, you must notify us in writing (e.g. by e-mail or post) immediately after notification of the delay in delivery.

(4) If we are not able to deliver the ordered goods through no fault of our own, because the pre-supplier has not fulfilled his contractual obligations, or if the goods ordered by you are not available for a period of at least one month due to force majeure, we can withdraw from the purchase contract. We will inform you immediately in case of corresponding delivery difficulties. In the event of withdrawal in accordance with this paragraph, we will immediately refund any payments already made. Your statutory claims shall otherwise remain unaffected.

§ 9 Liability for Defects

(1) If delivered goods are defective, we will remedy the defects within a reasonable time or deliver defect-free goods. If the replacement goods are defective, the customer is entitled to the legal rights subject to the limitation of liability under § 10. However, the right to withdraw from the contract is limited to the delivered goods.

(2) The customer does not receive guarantees in the legal sense from us. Possible manufacturer’s guarantees remain unaffected by this.

§ 10 Limitations of Liability

(1) We are liable to our customers – where they are businesses – in the event of grossly negligent and intentional breaches of duty by us, our legal representatives and vicarious agents. In the case of slight negligence, we shall only be liable to businesses if we, our legal representatives or vicarious agents breach a material contractual obligation (“cardinal obligation”). In the event of a breach of an insignificant contractual obligation, we shall not be liable to businesses. The above limitations of liability do not affect claims under the Product Liability Act. Furthermore, they do not apply to damages to body, health and life attributable to us.

The statutory liability regulations apply to private consumers.

(2) In the same manner that liability towards us is excluded or limited, this also applies to the personal liability of our employees, legal representatives and vicarious agents.

§ 11 Data Protection

For information regarding the processing of personal data, please refer to our privacy policy.

§ 12 Applicable Law – place of jurisdiction – place of performance

(1) The law of the Federal Republic of Germany applies with the exception of the provisions as stated in the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of private consumers, this applies in so far as it is not excluded by the law of the state in which the private consumer has his habitual residence.

(2) The contract language is German. This shall also apply if the contracting parties exchange contractual documents that are written in a foreign language. In the event of disputes regarding the content and interpretation of the contracts concluded between the contracting parties, the contracts shall be interpreted in accordance with the language customary for the German language.

(3) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, it is agreed pursuant to § 38 ZPO that the place of jurisdiction for all disputes between the customer and us is our registered office in Nuremberg. The same applies if the customer has no general place of jurisdiction in Germany. We are also entitled to sue the customer at the court that has jurisdiction for his place of business or the location of the branch office concluding the contract.

§ 13 Information Regarding Online Dispute Resolution

The European Commission provides a platform for online dispute resolution on the Internet here: https://ec.europa.eu/consumers/odr/main.

This platform serves as a contact point for the out-of-court settlement of disputes arising from on-line purchase or service contracts involving a private consumer.

We are not obliged and, in principle, not willing to participate in dispute resolution proceedings before a private consumer arbitration board.

§ 14 Severability Clause

Should a provision of these GTC be or become legally ineffective, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the statutory provisions. The same shall apply if the GTC contains an unforeseen loophole.