TERMS & CONDITIONS

General Terms and Condtions of

OceanDreamer
Regensburger Straße 14a
10777 Berlin

phone: +49 (0)1749089510
E-Mail: mail@oceandreamer.org

1. general/applicability

 

(1) All deliveries, services and offers of OceanDreamer are made exclusively on the basis of these General Terms of Delivery. These are an integral part of all contracts OceanDreamer concludes with its contractual partners (hereinafter also referred to as "Customer") regarding the deliveries or services offered by OceanDreamer. If the customer is an entrepreneur within the meaning of paragraph 3 sentence 2, they shall also apply to all future deliveries, services or offers to the customer, even if they are not separately agreed again.

 

2) Terms and conditions of the customer or third parties shall not apply, even if OceanDreamer does not separately object to their validity in individual cases. Even if OceanDreamer refers to a letter containing or referring to the terms and conditions of the customer or of a third party, OceanDreamer shall not be deemed to be in agreement with the validity of such terms and conditions.

 

(3) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor self-employed activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2. regulations and information for the conclusion of the contract

 

(1) General information

 

All offers of OceanDreamer represent only a non-binding invitation to submit offers by the customer.

 

(2) Technical steps leading to the conclusion of the contract and the conclusion of the purchase contract

 

a) Ordering via the online shop

 

To order one or more articles via the online shop, the articles must first be marked for ordering by clicking on the "shopping cart" link or button. In the "shopping cart" (which you can reach at any time via a link in the shop offer) you will then be guided through the ordering process by explaining each step and requesting the necessary information.

The ordering process is completed when the customer finally clicks on "Order with payment".

This is the customer's offer to conclude the contract, which OceanDreamer can accept within three working days.

 

With the acceptance by OceanDreamer, the purchase agreement is concluded.

 

After OceanDreamer has sent an order confirmation, the offer shall be accepted by OceanDreamer by separate order confirmation or by delivery of the goods.

With the acceptance by OceanDreamer the purchase contract is concluded.

 

Contrary to the foregoing, the contract shall be concluded prior to the sending of the order confirmation if either the order confirmation contains a request for payment or if the payment process is initiated and concluded during or immediately after completion of the order process.

 

b) Order by telephone, mail, fax or letter

If expressly offered in the online shop, the contract is concluded when the customer orders by telephone, mail, fax or letter as follows:

The customer declares verbally or in writing his binding intention to buy exactly named articles of the offer in the online shop. This is the offer of the 

OceanDreamer is entitled to accept the contract within five days after receipt.

OceanDreamer's acceptance of the offer shall be effected by sending the delivery confirmation or by delivering the goods. The purchase contract is thus concluded.

 

 

(3) Storage and access to the contract text

OceanDreamer stores the contract text and sends the customer the order data and the contract conditions by e-mail. OceanDreamer thus provides the customer with the opportunity to retrieve the contractual provisions upon conclusion of the contract and to save them in a reproducible form. Access to the contract texts stored at OceanDreamer - with the exception of the freely accessible General Terms and Conditions - is only possible for registered customers via the customer account.

 

(4) Recognition and correction of input errors

In order to detect and prevent input errors during the ordering process, the Customer is presented with an overview page for checking purposes before the effective order is placed, with the help of which he can check all details of the order and correct the entered data in the input fields themselves or by using the "Back" button of the Internet browser.

 

(5) Available languages

The contract language is German.

3. prices and terms of payment

 

(1) The prices indicated at the time of the order are valid. Packaging and shipping costs, if any, shall be invoiced in addition and notified to the customer in good time. In the case of orders from abroad, it cannot be excluded that your bank or your country OceanDreamer will charge unknown costs or taxes, such as (import) duties or processing fees for payment. These are not costs paid or invoiced through OceanDreamer.

 

(2) OceanDreamer accepts all payment methods stated on the website. OceanDreamer shall issue the Customer with an invoice for the goods ordered, which shall be sent to the Customer in text form at the latest upon delivery of the goods.

The total purchase price of the ordered goods is payable according to the chosen method of payment.

 

(3) Cheques shall not be deemed payment until they have been cashed.

 

(4) OceanDreamer is entitled to perform deliveries or services vis-à-vis entrepreneurs only against advance payment or provision of security.

 

4. packaging and shipping costs, transfer of risk

 

Packaging and shipping costs, if any, shall be notified to the customer in good time before the ordering process is initiated.

Regulations vis-à-vis entrepreneurs

 

(1) The risk shall pass to the customer at the latest when the delivery item is handed over (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party appointed to carry out the shipment. This shall also apply if partial deliveries are made or OceanDreamer has taken over other services (e.g. dispatch or installation). If the shipment or handover is delayed due to circumstances for which the Customer is responsible, the risk shall pass to the Customer from the day on which OceanDreamer is ready to ship and has notified the Customer thereof.

 

(2) The mode of shipment and packaging shall be at the dutiful discretion of OceanDreamer. 

 

(3) The customer shall bear the storage costs after transfer of risk. In case of storage by OceanDreamer, the storage costs amount to 0.25% of the invoice amount of the delivery items to be stored per expired week. OceanDreamer reserves the right to assert and prove further or lower storage costs.

 

(4) OceanDreamer shall insure the shipment against theft, breakage, transport, fire and water damage or other insurable risks only at the express request of the customer and at the customer's expense.

5. delivery and delivery times

 

Regulations for consumers

 

(1) The delivery of goods to the customer is carried out by third parties (delivery services). In the case of dispatch by forwarding agent, the place of performance is agreed to be "delivery free curbside", i.e. delivery is made to your front door, at ground level, without a stage.

 

(2) The delivery times are to be taken either from the product description or the separately callable data to the dispatch in the Shop.

 

(3) Partial deliveries are possible, if the customer

a) this possibility and the resulting consequences for the right of revocation were pointed out in our revocation instruction and

b) is not recognisably not interested in them or is recognisably not reasonable for him. Reasonableness is given if

- the partial delivery can be used by the customer within the scope of the contractual purpose,

- the delivery of the remaining ordered goods is ensured and

- the customer neither considerable additional effort nor additional costs nor additional

costs are incurred or the seller agrees to bear these costs.

 

(4) The costs for transport and packaging, if any, shall be charged only once for partial deliveries.

Regulations vis-à-vis entrepreneurs 

 

(1) Deliveries are made from 10777 Berlin.

 

(2) Periods and dates for deliveries and services promised by OceanDreamer are always approximate unless a fixed period or date has been expressly promised or agreed. If shipment has been agreed, delivery periods and delivery dates shall refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.

 

(3) OceanDreamer may - without prejudice to OceanDreamer's rights arising from the Customer's default - demand from the Customer an extension of delivery and performance periods or a postponement of delivery and performance dates by the period in which the Customer does not fulfil its contractual obligations towards OceanDreamer.

 

(4) OceanDreamer shall not be liable for the impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events not foreseeable at the time of conclusion of the contract (e.g., delay in delivery). OceanDreamer is not responsible for any disruptions of operations of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, difficulties in procuring necessary official permits, official measures or the failure to receive supplies from suppliers in a timely or incorrect manner). If such events make OceanDreamer's delivery or performance substantially more difficult or impossible and the hindrance is not only of a temporary nature, OceanDreamer shall be entitled to withdraw from the contract. In case of hindrances of temporary duration, the delivery or service periods shall be extended or the delivery or service dates postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by immediate written declaration to OceanDreamer.

6. place of performance and acceptance, if the customer is an entrepreneur

 

(1) Place of performance for all obligations arising from the contractual relationship is 10777 Berlin unless otherwise specified. If OceanDreamer is also responsible for the installation, the place of performance shall be the place where the installation is to take place.

 

(2) Insofar as acceptance is to take place, the object of purchase shall be deemed accepted if

a) the delivery and, if OceanDreamer also owes the installation, the installation has been completed,

b) OceanDreamer has informed the customer of this with reference to the fiction of acceptance in accordance with this provision and has requested the customer to accept the goods,

c) twelve working days have elapsed since delivery or installation or the Customer has started using the purchased item (e.g. the delivered system has been put into operation) and in this case six working days have elapsed since delivery or installation, and

d) Customer has failed to take delivery within this period for a reason other than a defect notified to Ocean Dreamer which makes the use of the purchased item impossible or significantly impairs it.

 

7. warranty

 

Warranty regulations vis-à-vis consumers

 

(1) There is a statutory liability for defects, in this respect the statutory periods apply.

 

(2) Should a guarantee be stated in the offer, the statutory liability for defects shall remain unaffected.

 

Warranty regulations vis-à-vis entrepreneurs

 

(1) The warranty period shall be one year from delivery or, if acceptance is required, from acceptance. 

 

(2) The delivered items shall be carefully inspected immediately after delivery to the customer or to the third party designated by the customer. They shall be deemed approved if OceanDreamer has not received a written notice of defects with regard to obvious defects or other defects which were recognizable in an immediate, careful inspection within seven working days after delivery of the delivery item, or otherwise within seven working days after discovery of the defect or the time at which the defect was recognizable for the customer during normal use of the delivery item without closer inspection. At OceanDreamer's request, the rejected delivery item shall be returned to OceanDreamer carriage paid. In the event of a justified notice of defects OceanDreamer shall reimburse the costs of the most favorable shipping route; this shall not apply if the costs increase because the delivery item is located at a place other than the place of intended use. 

 

(3) In case of material defects of the delivered goods OceanDreamer is first obligated and entitled to repair or replace the goods at its discretion within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonability, refusal or unreasonable delay of the repair or replacement, the customer may withdraw from the contract or reduce the purchase price accordingly.

 

(4) In the event of defects in components of other manufacturers which OceanDreamer is unable to remedy for licensing or actual reasons, OceanDreamer shall, at its option, assert its warranty claims against the manufacturers and suppliers for the account of the customer or assign them to the customer. Warranty claims against OceanDreamer for such defects under the other conditions and in accordance with these General Terms and Conditions shall only exist if the judicial enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or, for example due to insolvency, is futile. During the duration of the legal dispute, the limitation of the Customer's warranty claims against OceanDreamer shall be suspended.

 

(5) A delivery of used items agreed with the customer in individual cases shall be made to the exclusion of any warranty. 

 

(6) Claims for damages due to OceanDreamer's fault shall not be limited by the above warranty provisions.

8. retention of title

 

Regulations on retention of title vis-à-vis consumers

All deliveries are subject to retention of title. The delivered goods remain the property of "OceanDreamer" until the purchase price has been paid in full. 

Provisions on retention of title vis-à-vis entrepreneurs

 

(1) The following agreed retention of title serves to secure all existing current and future claims of OceanDreamer against the customer arising from the supply relationship between the contracting parties (including balance claims from a current account relationship limited to this supply relationship).

 

(2) The goods delivered to the customer by OceanDreamer shall remain the property of OceanDreamer until all secured claims have been paid in full. The goods as well as the goods covered by the retention of title replacing the goods pursuant to this clause shall hereinafter be referred to as goods subject to retention of title. 

 

(3) The customer shall store the reserved goods free of charge for OceanDreamer.

 

(4) The customer is entitled to process and sell the reserved goods in the ordinary course of business until the event of realisation (paragraph 9) occurs. Pledges and transfers by way of security are not permitted.

 

(5) If the reserved goods are processed by the customer, it is agreed that the processing is carried out in the name and for the account of OceanDreamer as manufacturer and OceanDreamer directly acquires the ownership or - if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the reserved goods - the co-ownership (fractional ownership) of the newly created item in the ratio of the value of the reserved goods to the value of the newly created item. In the event that OceanDreamer does not acquire such ownership, Customer hereby assigns to OceanDreamer its future ownership or - in the above proportion - co-ownership of the newly created goods as security. If the reserved goods are combined or inseparably mixed with other items to form a single item and if one of the other items is to be regarded as the main item, OceanDreamer shall assign to the customer, to the extent that the main item belongs to him, the proportionate co-ownership of the single item in the proportion stated in sentence 1. 

 

(6) In the event of resale of the goods subject to retention of title, Customer hereby assigns to OceanDreamer by way of security the resulting claim against the purchaser - in the case of co-ownership of OceanDreamer in the goods subject to retention of title pro rata in accordance with the co-ownership share. The same shall apply to other claims which take the place of the reserved goods or otherwise arise with regard to the reserved goods, e.g. insurance claims or claims arising from tort in the event of loss or destruction. OceanDreamer revocably authorizes the Customer to collect the claims assigned to OceanDreamer in its own name for the account of OceanDreamer. OceanDreamer may only revoke this direct debit authorization in the event of enforcement.

 

(7) If third parties have access to the reserved goods, in particular by seizure, the Customer shall immediately inform them of OceanDreamer's ownership and inform OceanDreamer thereof in order to enable OceanDreamer to enforce its ownership rights. If the third party is not in a position to reimburse OceanDreamer for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable to OceanDreamer for such costs.

 

(8) OceanDreamer shall release the goods subject to retention of title as well as the items or claims replacing them at its discretion upon request, insofar as their value exceeds the amount of the secured claims by more than 50%. 

 

(9) If OceanDreamer withdraws from the contract in the event of a breach of contract by the customer - in particular default in payment - it shall be entitled to demand the return of the reserved goods.

9. complaint handling procedures, dispute resolution procedures

OceanDreamer's complaint handling procedure meets the requirements of professional diligence. Should the customer wish to submit complaints, he may do so in writing or orally using any of the means of communication and addresses/numbers mentioned herein. A prompt processing is assured. 

It is pointed out that OceanDreamer is neither obliged nor willing to participate in any dispute resolution proceedings before a consumer arbitration board.

 

10. exclusion or premature expiry of the right of revocation 

The right of revocation does not apply if the customer, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity and thus as an entrepreneur within the meaning of § 14 of the German Civil Code (BGB). 

 

Furthermore, the right of revocation does not exist in the case of contracts

- the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination made by the consumer or which are clearly tailored to the personal needs of the consumer;

- the supply of goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly;

- the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract but which cannot be delivered before 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;

- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

- for consumers, insofar as the order is placed from a country which is not a member of the European Union and the shipment is made to a country which is not a member of the European Union.

The right of revocation expires prematurely for contracts

- for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery;

- for the delivery of goods if, after delivery, these have been inseparably mixed with other goods due to their nature; 

- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

 

11. notes on the Packaging Ordinance

 

We would like to point out that we are connected to an approved dual system in accordance with the legal requirements.

 

12. final provisions

 

(1) In the event that a provision of these general terms and conditions should be invalid, the validity of the other provisions shall not be affected. This applies in particular to the contract already concluded. The ineffective clause shall be replaced by the statutory provision. Other provisions shall only apply if, in this case, adherence to the contract represents an unreasonable hardship for one of the contracting parties. Then the contract as a whole is ineffective. 

 

(2) With regard to all legal relationships arising from this contractual relationship, the contracting parties agree to apply the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless this would deprive the consumer of the protection granted to him by the mandatory provisions of the state in which he has his habitual residence. In the latter case, the law of the country in which the consumer has his habitual residence shall apply.

 

(3) The place of jurisdiction for all disputes in connection with the delivery transaction is the registered office of the supplier if the customer is a merchant, a legal entity under public law or a special fund under public law. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.

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