Conditions of Use

1.         Scope of application

1.1.        The goods offered in the OPTIMEX shop are aimed exclusively at consumers within the meaning of § 13 of the German Civil Code (BGB) (hereinafter: “Customer”). The goods are sold for private use only. The resale of goods in the course of trade is prohibited.
1.2.        In the event of an industrial and commercial resale of the purchased goods without the prior consent of the provider, the buyer undertakes to pay a contractual penalty per infringement that is to be determined by OPTIMEX at its reasonable discretion and, in case of dispute, shall be subject to review by the competent court.
1.3.        The goods are only delivered in small amounts for households, unless otherwise stated in the product description.

2.         Contract conclusion

2.1         The product descriptions contained in the OPTIMEX online shop do not constitute any binding offers on the part of OPTIMEX but serve the submission of a binding offer by the customer.
2.2         The customer can submit the offer using the order option integrated in the OPTIMEX online shop. After the customer has placed the selected goods in the virtual shopping cart and has completed the electronic order process, he/she submits a legally binding offer of contract regarding the goods in the shopping cart in the quantity indicated by the customer by clicking the button, which ultimately completes the order process.
2.3          After receiving this offer, OPTIMEX sends an email to the customer, which confirms the receipt of the order by OPTIMEX and specifies the particulars of said order (order confirmation). Furthermore, this order confirmation also indicates the selected payment method and the corresponding information regarding payment. This order confirmation does not constitute an acceptance of the customer’s offer or order but merely informs the customer that his/her order has been received by OPTIMEX. At the latest, the customer will receive all customer information from OPTIMEX, which he/she can print out for his/her own documentation by the time of the delivery of the products.
2.4         OPTIMEX can accept the customer’s offer within five days

• by sending the customer a written order confirmation or order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect or
• by sending the customer the goods ordered, whereby the receipt of the goods by the customer is decisive in this respect or
• by OPTIMEX requesting the customer to execute payment after submitting his/her order.

If more than one of the aforementioned alternatives have arisen, the contract is concluded at the point in time, in which one of the aforementioned alternatives arises first. The period for accepting the offer commences on the day after the customer sends the offer and ends with the expiration of the fifth day following the transmission of the order. If OPTIMEX does not accept the customer’s offer within the aforementioned period, this is deemed as a rejection of the order with the consequence, that the customer is no longer bound to his/her declaration of intent.
2.5         Upon submitting an offer using the online order form of OPTIMEX, OPTIMEX stores the wording and sends it to the customer, including these GTC, in text form (e.g. email, fax or letter) after he/she sends his/her order. However, the customer can no longer access the wording via the OPTIMEX website after sending his/her order.
2.6         Prior to submitting a binding offer using the OPTIMEX online order form, the customer can detect possible type errors by carefully reading the information shown on the screen. The zoom function of the browser can be an effective technical means, to facilitate an easier detection of type errors; this function enables enlarging the view on the screen. In line with the electronic order process, the customer can correct his/her entries using the usual keypad and mouse functions until he/she ultimately clicks the button, which completes the order process.
2.7          German as well as English are available for contract conclusion.
2.8         Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he/she indicates for order processing is accurate, so that emails sent by OPTIMEX can be received at this address. In particular when using SPAM filters, the customer must ensure that all emails sent by OPTIMEX or third parties authorised with order processing by OPTIMEX can be delivered.

3.         Right of cancellation

3.1         Consumers have a fundamental right of cancellation.
3.2          Detailed information regarding the right of cancellation can be found in the OPTIMEX Cancellation Policy.
3.3         The right of cancellation does not apply to consumers, who do not belong to a member state of the European Union at the time of contract conclusion and whose sole place of residence and delivery address are outside the European Union at the time of contract conclusion.

4.         Prices and payment terms

4.1          All prices are quoted in Euro (€) including value added tax and plus shipping and handling charges. The shipping and handling charges can be accessed using the following link: [Link]
4.2          The prices at the time of order placement apply. Special offers in the online shop can be limited in time and quantity. Details can be found in the respective product description.
4.3          The customer must execute payments regarding his/her order in the online shop using the accepted payment methods. The following payment methods are accepted:

• Credit card / direct debit via PayPal PLUS
  The customer does not have to have a PayPal account when using credit card payment, to be able to pay with PayPal PLUS. PayPal PLUS allows the customer to enter his/her payment details directly.
• PayPal
  When executing payment via PayPal, the customer is directly redirected to PayPal at the end of the order process. At PayPal, the customer can either log in to his/her PayPal account, create a new PayPal account or pay as a PayPal guest.
• Advance payment
  When using advance payment, the products ordered are not sent until the customer’s payment has been deposited in the account of OPTIMEX. The customer will receive an email with information for the bank transfer after his/her order placement (order confirmation). The customer must indicate his/her “payment reference” in the reason for payment when transferring payment, which he/she received with the order confirmation.

Depending on the bank, it can take one to four weekdays until the customer’s payment is deposited in the account of OPTMEX. The products ordered are reserved for the customer until the receipt of payment - however, for a maximum of 14 days.

Bank details:
Payee: OPTIMEX Services GmbH
IBAN: DE DE91 3704 0044 0211 8180 01
BIC/SWIFT: COBADEFFXXX
Reason for payment: Customer’s “payment reference”

In the event of refunds to the customer (e.g. for cancellations), OPTIMEX uses the same means of payment the customer chose for his/her order.

5.         Delivery and shipping terms

5.1.        Delivery takes place only within Europe.
For deliveries outside of Germany, additional taxes or duties (e.g. customs duties) may occur in individual cases. In these cases, payment is not made to the provider, but to the responsible customs or tax authorities.
Dangerous goods, such as batteries, cannot be delivered to all countries or certain regions due to IATA regulations. The customer will be notified of this within the description of the products and before completing the purchase process. In these cases, it is not possible to complete the purchase process.
5.2.        For goods being delivered by a forwarding agent, delivery is executed “free curbside”, i.e. up to the public curbside nearest the delivery address, unless otherwise indicated in the shipping information in the OPTIMEX online shop or unless otherwise stipulated.
5.3.        If the carrier returns the goods sent to the seller because a delivery at the customer’s was not possible, the customer must bear the costs for the ineffective delivery. This does not apply if the customer effectively exercises his/her right of cancellation, if he/she is not responsible for the circumstances, which led to the impossibility of delivery or if he/she was temporarily prevented from accepting the service offered; unless OPTIMEX announced this service to the customer in advance within a reasonable period of time.
5.4.        If the customer is an entrepreneur, the risk of accidental loss/deterioration of the products is passed to the customer with the delivery of the goods to the commissioned logistics partner.
5.5.        OPTIMEX reserves the right to withdraw from the contract in the event of incorrect or improper supply to OPTIMEX. This only applies in the event that OPTIMEX is not responsible for the default in delivery and OPTIMEX has completed a precise cover transaction with the supplier applying necessary diligence. OPTIMEX will make all reasonable efforts, to procure the goods. In the event of non-availability or merely partial availability of the goods, the customer will be informed immediately and the return service refunded immediately.

6.         Retention of title

6.1.        The products delivered prior to the customer’s payment remain the property of OPTIMEX until complete payment of the purchase price plus possible incidental claims of OPTIMEX in connection with the product (such as shipping charges e.g.).
6.2.        The customer is prohibited from any disposal of the products (e.g. transfer of ownership, pledging), while the retention of title is effective.

7.         Contractual object

7.1.        The products delivered are deemed free of quality-related defects if they are suitable for usual use at the time of delivery to the customer and have a quality common for this type of product. Deviations, which only insignificantly compromise the value and suitability of the product, are not deemed defects.
7.2.        Properties, which improve or merely insignificantly compromise the value and suitability of the product, are not deemed a deviation from the stipulated product quality.

8.         Transport damage

8.1.        The customer must immediately report goods with obvious transport damage to the deliverer. In addition, a notification must be made by phone to OPTIMEX customer support at +49 2234 - 990 92 70 or by email at order@optimex-shop.com. Failure to make a complaint or make contact with us shall not have any consequence for the statutory warranty rights. In doing so, however, the customer will help OPTIMEX to assert its own claims against the carrier or transport insurance company.
8.2.        § 377 of the German Commercial Code (HGB) applies if the customer is a merchant and the contract is associated with his/her trading activities.

9.         Material defects (warranty)

9.1.        In the event of defects or if the customer requires technical support, OPTIMEX technical support is available to the customer using the contact information indicated in section 15.
9.2.        In the event of defects, the cause of which existed at the time of transfer of risks, OPTIMEX will, according to the customer’s choice, first provide supplementary performance, unless the selected type of supplementary performance is only possible in connection with disproportionately high costs for OPTIMEX. In this case, the customer’s claim is limited to another type of supplementary performance.
9.3.        In the event of the replacement of a defective consumer product, OPTIMEX will remove the product from the respective object, insofar as it was installed in the product by the customer in good faith, and install the object in the consumer product supplied as replacement accordingly or initiate respective removal and installation by a third party (e.g. service partner) or, according to the choice of OPTIMEX, bear the costs necessary for these processes. However, OPTIMEX can limit the reimbursement of costs to a proportionate amount, particularly taking the value the consumer product would have had, had it been according to contract and the significance of the infringement of contract into account.
9.4.        The customer must provide OPTIMEX with the documents and information required for the rectification of defects.
9.5.        Warranty claims do not apply to natural wear or damages, which result after delivery based on inaccurate or negligent handling, excessive operational demands or demands not intended in the product specification, application of unsuitable operating materials, improper modifications to the products conducted or initiated by the customer or which result due to particular external influences, which are not presupposed according to contract as well as for non-reproducible software errors.
9.6.        The customer has the right to reduce the purchase price or to withdraw from the contract if supplementary performance fails or is unreasonable for OPTIMEX. Rectification of defects is deemed failed after the second ineffective attempt, unless otherwise revealed, in particular based on the type of object or defect or other circumstances. In the event of withdrawal, OPTIMEX has a right to appropriate compensation for use for the previous use of the defective product.
9.7.        If the customer is a consumer, warranty claims for the purchase of new goods lapse in 24 months as of the delivery of the goods and for the purchase of used products, in 12 months as of the delivery of the goods.
9.8.        If the customer is an entrepreneur, warranty claims for the purchase of new goods lapse in 12 months after the delivery of the goods. Warranty for used products is excluded for customers, who act as entrepreneurs; the liability of OPTIMEX for damages resulting from physical injuries, health impairments as well as intentional, grossly negligent or culpable conduct and statutory product liability remain unaffected in this respect.
9.9.        The customer explicitly agrees to assigning warranty provision to a service company authorised by OPTIMEX in the country, in which the goods were purchased.
9.10.      Claims for damages are excluded, insofar as liability is not mandatory pursuant to section 8.

10.       Liability

10.1.      The liability of OPTIMEX is unlimited for damages it is responsible for resulting in loss of life, physical injuries or health impairment as well as in the case of intent and gross negligence. Liability according to the Product Liability Act as well as guarantee remain unaffected.
10.2.      In the event of a slightly negligent breach of other material contractual duties, the liability of OPTIMEX is limited to foreseeable damages typical for the contract.
10.3.      Furthermore, OPTIMEX compensates for expenses for the restoration of the goods up to 250,000 EUR per loss event for material damages it is responsible for.
10.4.      OPTIMEX cannot assume any liability for damages, which result from the customer’s careless handling of his/her customer data (e.g. credit card data, account details, etc.). Therefore, the customer must be diligent with his/her customer data.
10.5.      Claims for damages by the customer, other than those stipulated in these terms, regardless of the legal grounds, in particular claims based on lost profit, loss of information and data, consequential damages or fruitless expenditures are excluded. An alternation of the burden of proof to the detriment of the customer is not associated with the aforementioned provisions.

11.       Alternative dispute resolution

11.1.      The EU Commission makes a platform available to consumers for extrajudicial dispute resolution. This gives consumers the opportunity of resolving disputes in connection with their online order without having to involve a court from the very beginning. The dispute resolution platform can be accessed using the following external link: https://ec.europa.eu/consumers/odr
11.2.      The consumer The company is not obligated to participate in a procedure for dispute resolution.

12.       Final provisions

12.1.      The information provided in the “Information pertaining to the German Batteries Act” applies to the disposal of batteries and waste equipment, which is included in all deliveries and can be accessed in the online shop at http://shop.OPTIMEX.com/de/returns/. The customer must observe this information.
12.2.      Solely German law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) dated 11/4/1980 does not apply. If the customer is a consumer, the mandatory consumer protection provisions of the country in which the customer has his/her main residence also apply; provided that these offer the customer additional protection.
12.3.      OPTIMEX can assign claims against customers resulting from or in connection with the customer’s orders in the online shop to third parties in line with the legal provisions.
12.4.      Supplementary agreements, amendments and/or additions must be in writing.
12.5.      If the customer does not have a general place of jurisdiction in Germany or another EU member state or if the customer is a merchant, corporate entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes resulting from or in connection with the contract is Cologne.
12.6.      If individual provisions of these GTC are entirely or partially ineffective, this does not affect the validity of the other provisions of the contract.

Contact:
OPTIMEX Services GmbH
Toyota-Allee 31
D - 50858 Cologne
Tel: +49 2234 - 990 92 70
Fax: +49 2234 - 990 92 21
info@optimex-shop.com

District Court of Cologne, HRB no. 65256, VAT ID no. DE 815054497