Terms of service

 

General Terms and Conditions

1. Scope

The following General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession.

The following applies with respect to entrepreneurs: if the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

2. Contractual partner, conclusion of the contract, correction options

The purchase contract is concluded with Oceanmata GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract regarding these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, storage of the contract text

The language(s) available for the conclusion of the contract: German

We store the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login.

4. Delivery conditions

In addition to the stated product prices, shipping costs may apply. You will find more detailed information on any shipping costs that may apply with the respective offers.

We only deliver by shipment. Unfortunately, self-collection of the goods is not possible.

5. Payment

The following payment methods are generally available to you in our shop:

Credit card
By submitting the order, you provide your credit card details. After your legitimation as the rightful cardholder, the payment transaction is carried out automatically and your card is charged.

Klarna PayNow credit card
By submitting the order, you provide your credit card details. After your legitimation as the rightful cardholder, the payment transaction is carried out automatically immediately after the goods have been dispatched and your card is charged.

Klarna PayNow direct debit
After a successful address and credit check within the ordering process, by submitting the order you grant the online provider Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the account debit (so-called prenotification). By submitting the direct debit mandate, Klarna requests your bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account is debited after the goods have been dispatched. In addition to our GTC, Klarna’s terms and conditions and privacy policy apply to payment processing via Klarna. You will receive further information during the ordering process.

PayPal, PayPal Express
During the ordering process you are redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize yourself with your access data and confirm the payment instruction to us. After you have placed the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Sofort by klarna
After placing the order, you are redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further information during the ordering process. The payment transaction is carried out by Sofort immediately afterwards and your account is debited.

Google Pay
In order to be able to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further information during the ordering process.

Apple Pay
In order to be able to pay the invoice amount via Apple Pay, you must use the „Safari“ browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further information during the ordering process.

Amazon Pay
During the ordering process you are redirected to the website of the online provider Amazon before the ordering process in our online shop is completed. In order to be able to process the ordering process via Amazon and pay the invoice amount, you must be registered there or first register and legitimize yourself with your access data. There you can select the delivery address and payment method stored with Amazon, confirm the use of your data by Amazon and the payment instruction to us. You are then redirected back to our online shop, where you can complete the ordering process. Immediately after the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further information during the ordering process.

Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoice is only available for consumers and that payment must be made to Klarna in each case. When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here.

Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.

6. Right of withdrawal

You are entitled to the statutory right of withdrawal as described in the withdrawal instructions.

7. Retention of title

The goods remain our property until full payment.
The following applies additionally to entrepreneurs: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – regardless of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice value, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such faults to the delivery company as soon as possible and please contact us immediately. Failure to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to give the notice regulated there, the goods are deemed approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory law on liability for defects applies.
When consumers purchase used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse pursuant to § 445a BGB (German Civil Code) remain unaffected.
With respect to entrepreneurs, only our own information and the manufacturer’s product descriptions that have been included in the contract are deemed an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent performance) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on compliance with which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on working days from 9:00 a.m. to 4:00 p.m. at the telephone number 0821 999861 00  and by email at team@oceanmata.com

Returns can be registered via our returns portal. The return address is: Oceanmata GmbH c/o B+S GmbH; Fuggerstr. 17; 33689 Bielefeld; GERMANY

10. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty
• in the case of guarantee promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on compliance with which the contractual partner may regularly rely (cardinal obligations), through slight negligence on the part of us, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which typically has to be expected.
Otherwise, claims for damages are excluded.

11. Code of conduct

We have subjected ourselves to the following codes of conduct:
- Trusted Shops
- https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

12. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here . We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.

13. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.