General Terms and Conditions, Legal Notices and Information
As of 22.11.2018
1. Contracting parties
Your contract of purchase is with
op Couture Brillen GmbH, Spitalhofstraße 94, 94032 Passau, Germany
Directors: Klaus Lippert and Beate Obersteiner
Tel.: +49 (0) 851 949 80-0
Commercial Register B of Passau District Court No. HRB 5423
VAT number: DE 129429595
2. Scope of application
The version of these Standard Terms and Conditions valid at the time the contract is concluded applies invariably to all claims between the two parties arising from and relating to the conclusion of a contract between you and op Couture Brillen GmbH (hereinafter: "op Couture"). The validity of terms and conditions to the contrary is expressly rejected.
3. Conclusion of the contract
The contract is concluded in German.
By clicking on the "Place order" button, you submit a legally binding offer to purchase the products in the shopping basket at the prices, price components and any delivery costs stated therein. This offer is accepted and hence the contract is concluded in a legally binding manner solely once the goods ordered are dispatched by op Couture. Hence the acknowledgment of receipt of your order and/or the transmission of a confirmation of order do not yet constitute any binding acceptance of your order, and thus do not yet constitute any conclusion of contract.
Once the goods have been dispatched we store the text of your order temporarily. We therefore recommend that you print out and/or store the text of your order prior to sending it (i.e. before clicking the "Place order" button).
4. Prepayment/Invoice and payment
The goods ordered are dispatched solely against prepayment.
You will receive the confirmation of order with all requisite details once your order has been received by e-mail.
Payments can be made
• by transfer into our bank account (only within the EU)
• by PayPal
• by credit card (MASTER/VISA)
In the case of cross-border deliveries, the user may incur further charges (e.g. customs duties) in a particular case.
Goods are dispatched by independent transport firms within 5 working days of receipt of payment, unless agreed otherwise. The delivery costs for one article are currently € 6.90 (incl. statutory VAT) within Germany, € 8.90 (incl. statutory VAT) within Europe and € 10.90 / $15.00 (incl. statutory VAT) worldwide. For each additional article that can be dispatched at the same time, op Couture charges € 2.50 / $3.50 (incl. statutory VAT).
6. Right to cancel and its consequences
If you are a consumer (i.e. you conclude the contract as an individual and not for commercial or professional purposes), you are entitled to a right to cancel: Link
7. Warranty and liability
op Couture’s liability for material defects and defects of title of the purchase item is governed by statutory provisions.
However, claims for damages against op Couture, regardless of the legal basis, may be made only in cases of intent or gross negligence on the part of op Couture or persons for whose culpability op Couture is liable in law (such as assistants or vicarious agents). This does not apply in the event of failure to comply with cardinal contractual duties or injury to life, limb or health. Claims under the Product Liability Act are likewise unrestricted.
No warranties are given. There is no customer service.
8. Transfer of risk
If you are not a consumer but a trader as defined in § 14 BGB, § 447 BGB (Sale involving carriage of goods) applies to the transfer of risk.
9. Reservation of title
We retain ownership of the goods ordered until the purchase price has been paid in full.
10. Applicable law, place of performance and of jurisdiction
The contract with you is subject solely to German law. The UN Sales Convention does not apply.
If you are not a consumer but a trader as defined in § 14 BGB, § 447 BGB, the place of performance for all reciprocal obligations arising from the contract is the registered office of op Couture (Passau). The sole place of jurisdiction is Passau Regional Court.
11. Data protection
This Website contains links to third-party Websites ("external links"). At the time of the initial creation of the external links we scrutinised the third-party content for any illegal acts. At that time no illegal acts were discernible. However, we have no influence whatsoever on the current and future design and content of the linked Websites, and we therefore distance ourselves from their content. If we become aware of illegal acts, we delete external links immediately. You are asked to inform us if need be.
13. Alternative dispute resolution
General duties to provide information on alternative dispute resolution under Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission has an Online Dispute Resolution platform, which you can find at this address: http://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to be involved in a dispute resolution process before a consumer arbitration board.