Conditions of Use
General Terms and Conditions
1. Scope of application
1.1. These General Terms and Conditions (hereinafter “GTCs”) apply to quotes and deliveries by OPTIMEX Services Produktdienstleistungen GmbH (hereinafter “OPTIMEX”) to the exclusion of all other terms and conditions. The goods offered in the OPTIMEX shop are intended exclusively for consumers pursuant to Section 13 of the BGB (German Civil Code) (hereinafter: “Customers”). The goods are sold for private use only. The resale of the goods in the course of business is prohibited.
1.2. Any trade or commercial resale of the goods without the prior written consent of OPTIMEX is prohibited. OPTIMEX reserves the right to claim damages in any instance of a culpable breach of this prohibition. Furthermore, in this scenario, OPTIMEX is entitled to refuse future orders from the Customer, to block access to the Customer’s account and to withdraw from the sales contract.
1.3. Goods are supplied exclusively in quantities customary for household use, unless otherwise stated in the product description.
2. Contract conclusion
2.1. The product descriptions found in the OPTIMEX online shop do not constitute binding offers on the part of OPTIMEX, but are designed to invite the Customer to make a binding offer.
2.2. The Customer can submit their offer using the order function provided in the OPTIMEX online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer thereby submits a legally binding contractual offer for the goods in the shopping basket, in the quantity specified by the Customer, by clicking the button that finalises the ordering process.
2.3. Upon receipt of this offer, OPTIMEX will send an email to the Customer confirming receipt of the order by OPTIMEX and listing the corresponding details (order confirmation). In addition, the selected payment method and the corresponding information on payment are also included in the order confirmation. This order confirmation does not yet constitute acceptance of the Customer’s offer or order, but is intended solely to inform the Customer that their order has been received by OPTIMEX. No later than upon delivery of the products, the Customer will receive all customer information from OPTIMEX, which they may print out for their records.
2.4. OPTIMEX has five days to accept the Customer’s offer by sending the Customer a written order acceptance confirmation or an order acceptance confirmation in text form (fax or email), in which case the date of receipt of the order acceptance confirmation by the Customer shall be decisive. Alternatively, OPTIMEX can accept the order by delivering the ordered goods to the Customer, in which case the date of receipt of the goods by the Customer shall be decisive, or by requesting payment from the Customer following the placement of their order.If several of the aforementioned options apply, the contract shall be deemed concluded at the time when one of the aforementioned options first occurs. The period for accepting the offer commences on the day after the Customer sends the offer and ends at the end of the fifth day following the submission of the offer. If OPTIMEX does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, thereby freeing the Customer from their declaration of intent. If payment methods involving immediate payment processing are selected (e.g. PayPal, credit card, Klarna Sofort), the contract is concluded at the latest upon confirmation of the payment instruction by the payment service provider or upon dispatch of the goods, whichever occurs first.
2.5. When an offer is submitted using OPTIMEX’s online order form, the contract text is stored by OPTIMEX and sent to the Customer in writing (e.g. by email, fax or letter) together with these GTCs once the order has been submitted. However, once the order has been submitted, the Customer will no longer be able to access the text of the contract on the OPTIMEX website.
2.6. Before submitting a binding order using the OPTIMEX online order form, the Customer can check for any incorrect entries by carefully reading the information displayed on the screen. The browser’s zoom function, which enlarges the display on the screen, is an effective technical tool for identifying any incorrect entries. During the electronic ordering process, the Customer can correct their entries using the standard keyboard and mouse functions up until the time they click the button to complete the order.
2.7. The contract may be concluded in either German or English.
2.8. Order processing and communication generally take place via email and an automated order processing system. The Customer must ensure that the email address they provide for order processing is correct to ensure that emails sent by OPTIMEX can be received at that address. In particular, if the Customer uses spam filters, they must ensure that all emails sent by OPTIMEX or by third parties commissioned by OPTIMEX to process the order can be delivered.
3. Cancellation rights
3.1. Consumers are entitled to cancellation rights.
3.2. Further information on cancellation rights can be found in OPTIMEX’s cancellation policy. (Link)
3.3. When making refunds to the Customer, OPTIMEX uses the same payment method that the Customer used for the original transaction, unless otherwise expressly agreed with the Customer.
4. Prices and payment terms
4.1. All prices are listed in euros (€), inclusive of VAT and exclusive of delivery and postage costs. The delivery and shipping costs can be found at the following link: (Link)
4.2. The prices listed at the time the order is placed shall apply. Special offers in the online shop may be subject to time or quantity restrictions. Further details can be found in the relevant product description.
4.3. The Customer must pay for their orders in the online shop using the accepted payment methods. The following payment methods are accepted:
Credit card / direct debit through PayPal PLUSCustomers wishing to pay by credit card through PayPal PLUS do not need to have a PayPal account to pay using this method. PayPal PLUS allows the Customer to enter their payment details directly.
Payment through PayPal/PayPal PLUS
If the Customer selects a payment method offered through PayPal or PayPal PLUS, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A.
With PayPal or PayPal PLUS, only the payment methods specifically displayed during the order process are available. Customers do not have a legal claim to being allowed to use specific payment methods.
PayPal’s Terms of Use, which are displayed to the Customer during the order process, also apply to the payment processing.
Payment through Klarna (upfront payment)
If the Customer selects Klarna as their payment method, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden.
Only the ‘Pay now’ (direct payment) option is available, whereby the full purchase price must be paid immediately at the time the order is placed.
Other payment options offered by Klarna, in particular purchase on account, payment in instalments (‘Pay later’) or instalment plans, are not available in the online shop.
Klarna’s Terms of Use, which are displayed to the Customer during the order process, also apply to the payment processing. More information can be found on Klarna’s website. (Link)
4.3.4 Payment in advanceIf payment is made in advance, the ordered products will only be dispatched once the Customer’s payment has been credited to OPTIMEX’s account. After placing their order, the Customer will receive an email containing details for the bank transfer (order confirmation). When transferring payment, the Customer must state their ‘payment reference’ which they received with the order confirmation in the payment reference field. Depending on the bank, it may take between one and four working days for the Customer’s payment to be credited to OPTIMEX’s account. The ordered products are reserved on behalf of the Customer until payment is received for a maximum of 14 days.
4.4. Any additional costs incurred in connection with payments from non-EU countries outside the SEPA payments area (e.g. bank charges, exchange rate fees) are to be borne by the Customer, provided that OPTIMEX is not responsible for them. The full invoice amount must be received by OPTIMEX.
4.5. Additional bank charges may apply to payments from non-EU countries which are not caused by OPTIMEX. These charges are to be borne by the Customer if they actually arise in individual cases. When paying by bank transfer, the Customer must ensure that the full invoice amount is received by OPTIMEX without any deductions.
4.6. As part of the payment processing, personal data is transferred to the payment service providers used, insofar as this is necessary for the performance of the contract (point (b) of Article 6(1) GDPR).
Further information on the processing of personal data, the legal basis, retention periods and the rights of data subjects can be found in our privacy policy at: (Link).
5. Delivery and shipping terms
5.1. Delivery is available exclusively within Europe. Additional taxes or duties (e.g. customs duties) may apply in individual cases for deliveries outside Germany. In such cases, payment is not made to the supplier but to the relevant customs or tax authorities.Hazardous goods, such as batteries, cannot be delivered to all countries or certain regions due to IATA regulations. The Customer will be informed of this in the product description itself and before completing the purchase process. It will not be possible to complete the purchase process in these cases.Only addresses within Europe are accepted as billing addresses. Unless otherwise stated in the online shop or a separate agreement has been made, delivery within Germany takes place within 2 to 5 days from receipt of payment; deliveries within Europe take a maximum of 14 days from receipt of payment. If the last day of the delivery period falls on a Saturday, Sunday or a state-recognised public holiday at the place of delivery, delivery shall instead take place on the next working day. OPTIMEX will notify the Customer immediately (e.g. by email) in the event of delivery delays.
5.2. For goods delivered by a freight forwarder, delivery takes place kerbside, namely to the nearest public kerb at the delivery address, unless otherwise stated in the dispatch information on the OPTIMEX online shop or unless otherwise agreed.
5.3. If the carrier returns the dispatched goods to the seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful delivery. This shall not apply if the Customer validly exercises their cancellation rights, if they are not responsible for the circumstances that led to the impossibility of delivery, or if they were temporarily prevented from accepting the delivery offered, unless OPTIMEX had given them reasonable prior notice of the delivery.
5.4. If, contrary to Section 1.1, the Customer acts as a trader, the risk of accidental loss and deterioration of the goods shall pass to the Customer as soon as OPTIMEX has handed the goods over to the freight forwarder, the carrier or any other person or organisation designated to carry out the delivery.
5.5. OPTIMEX reserves the right to withdraw from the contract in the event of incorrect or improper supply to itself. This shall apply only where OPTIMEX is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. OPTIMEX shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed immediately and their payment shall be refunded without delay.
6. Reservation of title
6.1. Products delivered prior to payment by the Customer shall remain the property of OPTIMEX until full payment of the purchase price, plus any ancillary claims by OPTIMEX related to the product (such as delivery costs).
6.2. While the retention of title remains in force, the Customer is not permitted to dispose of the products in any way (such as by transfer of ownership or pledging).
7. Liability for defects (warranty)
7.1. Statutory liability for defects: The statutory provisions on liability for defects apply to all goods offered by OPTIMEX. If you have any queries regarding defects or require technical support, you can contact the support team using the contact details set out in Section 13.
7.2. Obligation to update digital elements: For goods containing digital elements, OPTIMEX shall ensure that the necessary updates are made available to the Customer for a reasonable period of time in order to maintain the functionality, security and safety of the goods. The Customer will be informed about this. OPTIMEX cannot be held liable for any defects arising from the Customer’s failure to install a duly provided update within a reasonable period of time.
7.3. Subsequent performance, installation and disassembly: In the event of a defect, the Customer can choose between having the defect rectified (repair) or receiving a new, defect-free item (replacement). If the Customer has incorporated the defective goods into another item or attached them to another item in accordance with their nature and intended use, OPTIMEX shall, as part of its obligation to provide subsequent performance, be obliged to reimburse the Customer for the necessary costs incurred in removing the defective goods and in installing or attaching the repaired goods or the defect-free goods supplied.
7.4. Rescission and reduction of the purchase price: If the subsequent performance fails, is impossible or would be unreasonable for the Customer, the Customer is entitled to their statutory rights to cancel the contract or to reduce the purchase price. In the event of a valid rescission by a consumer, any claims for compensation for the use of the defective goods to date are excluded.
7.5. Limitation periods:
For consumers: Claims for defects in new goods are subject to a limitation period of 24 months from the date of delivery of the goods. For used goods, the limitation period is 12 months from the date of delivery, provided that this was specifically communicated to the Customer prior to the conclusion of the contract and was expressly and separately agreed in the contract.
If, contrary to Section 1.1, the Customer is a trader, the limitation period for claims for defects in new goods is 12 months from the transfer of risk. In the case of used goods, no warranty is granted to traders. This does not apply to liability for damage resulting from injury to life, limb or health, or for breaches of duty arising from gross negligence or wilful misconduct.
7.6. Assignment: The Customer expressly consents to the transfer of warranty services to a service company authorised by OPTIMEX, provided that this does not unreasonably impede the Customer’s ability to enforce their rights.
8. Transport damage
8.1. The Customer must report any goods with visible transport damage to the delivery driver immediately. In addition, a report must be submitted by calling OPTIMEX customer support on +49 2234 - 990 92 70 or sent by email to info@optimex-shop.com. Failure to make a complaint or to contact us has no impact whatsoever on the Customer’s statutory warranty rights. However, by informing OPTIMEX, the Customer helps OPTIMEX to assert its own claims against the carrier or the transport insurer.
8.2. If the Customer is a trader and the contract forms part of the operation of their business, Section 377 of the HGB (German Commercial Code) shall apply.
9. Liability
9.1. OPTIMEX shall be liable without limitation for damage resulting from injury to life, limb or health arising from an intentional or negligent breach of duty by OPTIMEX, a legal representative or a vicarious agent of OPTIMEX.
9.2. OPTIMEX shall be liable without limitation for other damages in cases of wilful misconduct or gross negligence. Liability under the ProdHaftG (German Product Liability Act) or arising from a guarantee granted by OPTIMEX remains unaffected.
9.3. In the event of a breach of essential contractual obligations due to slight negligence, OPTIMEX’s liability shall be limited to foreseeable damage typical for this type of contract. Essential contractual obligations are those obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may reasonably rely.
9.4. Other than specified in the above provisions, OPTIMEX Services Produktdienstleistungen GmbH assumes no liability. This applies in particular to claims for lost profit or other financial losses suffered by the Customer.
9.5. The Customer is obliged to treat their login and payment details (e.g. passwords, credit card details) with care and to safeguard them against access by unauthorised third parties. OPTIMEX shall not be liable for any damage arising from the Customer’s negligent handling of this data.
9.6. The above provisions do not entail any change in the burden of proof to the detriment of the Customer.
10. Alternative dispute resolution procedure
10.1. The European Commission provides consumers with a platform for out-of-court dispute resolution. This gives consumers the opportunity to first try and resolve disputes relating to their online orders without having to go to court. The dispute resolution platform can be accessed at the following external link: https://ec.europa.eu/consumers/odr
10.2. The company is neither obliged nor willing to participate in a dispute resolution procedure.
11. Final provisions
11.1. The ‘Information on battery disposal’ applies to the disposal of batteries and end-of-life equipment; this information is enclosed with deliveries and is available on the online shop at (Link). The Customer must observe this information.
11.2. The laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods adopted on 11 April 1980, shall apply. If the Customer is a consumer, the mandatory consumer protection provisions of the country in which the Customer has their place of habitual residence shall also apply, provided that these offer the Customer a higher level of protection.
11.3. OPTIMEX may assign claims against the Customer arising from or in connection with the Customer’s orders placed on the online shop to third parties in accordance with the relevant statutory provisions.
11.4. Without prejudice to the primacy of individual agreements, ancillary agreements, amendments and/or supplements must be made in writing.
11.5. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of OPTIMEX Services Produktdienstleistungen GmbH in Cologne. If the Customer is a consumer, statutory provisions governing the place of jurisdiction shall apply.
11.6. Should any provision of these GTCs be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
12. Contact details
OPTIMEX Services GmbH
Toyota-Allee 37
50858 Cologne, Germany
Tel: +49 2234 - 990 92 70
info@optimex-shop.com
Cologne Local Court, Commercial Register No. 65256, VAT ID DE 815054497
