General Terms and Conditions

§1  Scope of application and consumer information

(1) We (OOOH! FASHION LAB GmbH) will execute your order in accordance with our GTC valid at the time of the order (as of January 2024). The current version of the GTC of OOOH! FASHION LAB GmbH is available to you on our website www.ooohnice.com under the heading "GTC", from where you can also download and save or print them out. Our "GTC" apply exclusively to the entire business relationship.

(2) German is the language of negotiation and contract. The following terms and conditions also apply exclusively to all foreign transactions.

(3) You can print or save these terms and conditions. To do this, you can download this document as a PDF and save it on your computer. To open a PDF file, you will need the Adobe Acrobat Reader DC program, which can be downloaded free of charge from the Internet (https://get.adobe.com/reader/?loc=de).

(4) Your contract and order data as well as the contract text are stored by us, direct access is not possible for security reasons. However, you have the option of logging in to our homepage via "My user account" with your user name and password to access and edit your profile, your address, your order history and your wish list. Your personal access data is only intended for you and must not be disclosed to third parties.

(5) On our homepage, before you click on "BUY NOW" during the ordering process, you have the opportunity to recognize and correct input errors before submitting the contract declaration by clicking on the "Change details" button below.

§ 2 User account registration

(1) Only natural persons, partnerships and legal entities with unlimited legal capacity are permitted to register a user account. Minors may not register. The registration of a legal entity may only be carried out by an authorized natural person who must be named.

(2) When completing the registration application, truthful, accurate, current and complete information must be provided for the data requested in the registration forms. We reserve the right to refuse the registration of a member, to cancel it immediately or to delete the member account after a reasonable period of time in the event of incomplete registration of member accounts and in the event of unreliable or incorrect information.

(3) Any disruption of our website or further use of your user account outside of the use provided for in these GTC is prohibited. In particular, manipulation with the aim of causing damage, completely or temporarily impairing the use of our homepage or obtaining unauthorized payments or other advantages to our disadvantage is prohibited. We will prosecute violations under both civil and criminal law.

(4) In the event of a breach of § 2.1 to § 2.3 or a concrete suspicion of such a breach, where there is a risk of damage, we are entitled to block your user account immediately.

(5) We are not obliged to accept your registration or your order. We are not obliged to keep our homepage, your user account or our e-shop permanently available. Contracts that have already been confirmed remain unaffected.

(6) You can delete your user account at any time via customer service. Please note our privacy policy and the cookies we use. You can also find our privacy policy and our cookie policy as a link under Legal on our website www.ooohnice.com.

 § 3 Conclusion of contract

(1) Our offers are subject to change and non-binding. In this respect, the presentation on our websites does not constitute a legally binding offer. You can order from us via our homepage (Internet). When ordering via our homepage in the e-shop, you submit a binding offer to conclude a purchase contract for the desired product(s) by clicking on the "Buy now" button.

(2) We are entitled to accept your offer within 5 calendar days by sending a contract confirmation (by post or e-mail) and by executing the order. If your offer is not accepted by us within 5 calendar days, the offer is deemed to have been rejected. No purchase contract is concluded for products that are not listed in the order confirmation.

 § 4 Delivery / Shipping

(1) We deliver goods in stock to you within 1-7 working days at the latest after conclusion of the contract via DHL GoGreen and other shipping service providers. When paying in advance, the delivery times apply from receipt of payment in our account. Deviating delivery times are stated in the item description.

(2) For shipments outside the Federal Republic of Germany and within Europe, delivery usually takes 5-14 working days if the goods are available. For shipments to non-European countries, the delivery time depends on the shipping method (airmail / land / sea) and the recipient's location.

(3) If you order a product that was available according to the item description and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any payments already made. In this case, you also have the right to withdraw from the contract.

(4) We are entitled to make partial deliveries or render partial services, provided that conflicting interests are not unreasonably impaired as a result. In the event of a partial delivery, we will of course bear the additional shipping costs. You will not incur any further costs as a result.

(5) The delivery period shall be extended appropriately if delivery is impaired by force majeure. In particular, subsequent difficulties in procuring materials, riots, strikes, lockouts, operational disruptions, fire, natural disasters, transportation hindrances, changes in statutory provisions, official measures or regulations or the occurrence of other unforeseeable events which are beyond our control and which, from an objective point of view, have not been culpably caused by us, shall be deemed equivalent to force majeure. Should one of the cases described above occur, we will inform you immediately. If the impediment to performance in the aforementioned cases lasts longer than four weeks, you are entitled to withdraw from the contract. Further claims, in particular for damages, do not exist in this case. This does not apply in cases of intent or gross negligence, in the case of warranties or if liability is mandatory for breach of essential contractual obligations due to simple negligence or if liability is mandatory for foreseeable damage typical of the contract for legal reasons.

 § 5 Right of withdrawal / Cancellation policy

(1) Consumers have a statutory right of withdrawal. You will find the relevant instructions and a sample withdrawal form at the end of these e-shop terms and conditions.

 § 6 Prices

(1) All prices quoted are in euros and include statutory VAT. Postage and shipping costs are added in accordance with the following list under § 7.

 § 7 Shipping costs (domestic and abroad)

(1) Here you will find all information on return costs and postage and shipping costs for deliveries

 

ZONE 0

SHIPPING COSTS

DELIVERY TIME

• Germany
• 4,99 €
• 1-5 Working days

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ZONE 1

SHIPPING COSTS

DELIVERY TIME

• Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, Dänemark (except Faroe Islands, Greenland)
• 13,99 €
• 3-10 Working days

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ZONE 2

SHIPPING COSTS

DELIVERY TIME

• Suisse
• 20,00 €
• 3-10 Working days

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ZONE 3

SHIPPING COSTS

DELIVERY TIME

• Iceland, Norway, San Marino
• 30,00 €
• 5-14 Werktage

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ZONE 4

SHIPPING COSTS

DELIVERY TIME

• USA
• 30,00 €
• 10-14 Working days

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ZONE 5

SHIPPING COSTS

DELIVERY TIME

• Canada, Russische Federation
• 40,00 €
• 10-14 Werktage

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ZONE 6

SHIPPING COSTS

DELIVERY TIME

• all countries and territories that are not assigned to zones 1, 2, 3, 4 or 5. Australia, Oceania, Japan and New Zealand

50,00 €

15-20 Working days

 

(2) For deliveries of goods outside the European Union, import duties (customs duties) may be incurred. We are not liable for any customs duties that may be incurred.

 § 8 Terms of payment

(1) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is specified on the invoice according to the calendar, you are already in default by missing the deadline. In the event of default, we are entitled to charge interest for the year at a rate of 5 percentage points above the respective base interest rate. In the case of legal transactions in which a consumer is not involved, we reserve the right to charge interest on payment claims in the event of default at a rate of eight percentage points above the prime rate. We reserve the right to prove and claim higher damages caused by default, § 288 para. 3, 4 BGB.

(2) We accept payments by prepayment, credit card, PayPal, direct debit, iDeal, EPS, Klarna, O Pay, Apple Pay and Google Pay. To process your payments, we transmit your data via a secure connection to our payment provider Shopify payments (Shopify Inc.,150 Elgin Street, Suite 800, Ottawa, ON K2P 1L4, Canada.) after your order has been completed. If your place of residence is outside Germany, payment is only possible by prepayment, credit card, PayPal, iDeal and EPS.

1. a) Payment in advance: When paying in advance, you must transfer the invoice amount to our account within 7 days of completing your order. When paying in advance, the stated delivery times apply from receipt of the money in our account. If the amount is not received in our account within 7 days, we can withdraw from the contract.
2. b) Payment via PayPal: You pay the invoice amount via the online provider PayPal. You must register with PayPal or be registered there, then legitimize yourself with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process. Once the amount has been credited to our account, the goods will be dispatched.
3. c) Payment by credit card: Your credit card account will be debited immediately after completion of the payment process. All entries and checks relating to your payment are made and stored by the payment processor.
4. d) Payment by direct debit: When paying by direct debit, we are revocably authorized to collect the invoice amount from your specified account. If the direct debit is not honored due to insufficient funds or incorrect bank details, or if you object to the debit although you are not entitled to do so, you shall bear the costs and fees of the chargeback if you are responsible for this. The account will be debited before the goods are dispatched.
5. e) Payment via iDeal: You will be redirected to your participating Dutch bank. You can make the transfer in your bank's online banking. You will receive further instructions during the ordering process. Once the amount has been credited to our account, the goods will be dispatched.
6. f) Payment via EPS: You will be redirected to your participating Austrian bank. You can make the transfer in your bank's online banking. You will receive further instructions during the ordering process. Once the amount has been credited to our account, the goods will be dispatched.
7. g) Payment via Klarna / Sofortüberweisung: Sofortüberweisung is a payment method of Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. The system works via SSL encryption and with the tried and tested PIN/TAN entry, which is used for online banking.
8. h) Payment via Apple Pay: Apple Pay is offered as a payment method by Apple Inc. The payment is debited when the goods are dispatched.
9. i) Payment via gift voucher: Gift vouchers and the credit on them can only be redeemed before the order process is completed. Subsequent offsetting is not possible. The balance of a gift voucher is neither paid out in cash nor does it bear interest.

(3) All payments are to be made to OOOH! FASHION LAB GmbH without deduction. A payment shall only be deemed to have been made when we can freely dispose of the amount.

(4) Offsetting is excluded unless the offsetting claim is undisputed or legally established or recognized by us in writing. You may only exercise a right of retention insofar as the claims result from the same contractual relationship. Exclusions do not apply in the case of a counterclaim arising from a claim in kind entitling the customer to refuse performance, or if rights are asserted due to a defect.

§ 9 Warranty and liability

(1) The warranty is based on the statutory provisions. In the event of a complaint, please provide proof of the date of purchase by means of an invoice and send the item complained about together with a copy of the invoice to OOOH! FASHION LAB GmbH, Biegweg 26, 60486 Frankfurt am Main (Germany). Normal wear and tear of the goods does not justify a warranty claim.

(2) You have the right to supplementary performance and the right to withdraw from the contract or to reduce the purchase price to the extent provided for by law.

(3) We accept no liability for damage and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by an unauthorized service partner.

(4) The warranty period for material defects vis-à-vis entrepreneurs is reduced to 1 year, unless there is a case of mandatory liability, as provided for in particular in Section 478 BGB. Claims for damages also remain unaffected by the shortened limitation period.

(5) If the customer is an entrepreneur, he must inspect the services rendered immediately after delivery, insofar as this is feasible in the ordinary course of business, and, if a defect is discovered, notify us of this immediately. If the customer fails to notify us, the service shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the service shall be deemed to have been approved even in view of this defect. The timely dispatch of the notification shall suffice to preserve the customer's rights. The provisions on the obligation to give notice of defects shall not apply if a defect has been fraudulently concealed or if the customer is a consumer.

(6) Further claims, in particular due to consequential damages, are generally excluded. This does not apply in the case of intent, gross negligence or breach of essential contractual obligations by us, as well as in the case of injury to life, limb or health. Your statutory right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely and may rely.

(7) The risk of accidental loss and accidental deterioration of the goods in the case of sale by dispatch shall pass to you or a recipient selected by you when the goods are handed over. If you are not a consumer, i.e. if you have not purchased the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods shall pass to you when the goods are handed over to the shipper.

(8) We exclude our liability for slightly negligent breaches of duty insofar as these do not relate to material contractual obligations, damages arising from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. In the event of damage caused in any other way, we shall be liable in accordance with the statutory provisions in the event of intent and gross negligence, including on the part of our vicarious agents. The same applies to negligently caused damage resulting from injury to life, limb or health. We and our vicarious agents shall only be liable for damage to property and financial loss caused by negligence in the event of a breach of a material contractual obligation, but limited to the amount of damage foreseeable and typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.

§ 10 Care

(1) Please follow the cleaning and washing instructions on the item labels and in the product booklets. If care instructions are not followed correctly, changes are made to the products or care materials are used which are not recommended on the labels or product booklets, or which we have expressly declared to be incompatible with the items or which do not meet at least average quality standards, there is no warranty.

§ 11 Retention of title

(1) The delivered goods remain our property until full payment has been made. If you are in arrears with the payment of the purchase price, we have the right to withdraw from the purchase contract and to demand that you return the goods that have not yet been paid for. You are obliged to treat the unpaid goods with care.

 § 12 Data protection, advertising by e-mail

(1) We adhere strictly to data protection. You agree to the storage, processing and use of the personal data transmitted to us through your order in accordance with the provisions of the Federal Data Protection Act (BDSG) for the processing of your order. We store your order and address data for use in the context of order processing (including through transmission to the order processing partners or shipping partners used), for possible warranty cases and for product recommendations to customers in accordance with the content of our privacy policy and the applicable data protection laws. You can also find our privacy policy and our cookie policy as a link under Legal on our website www.ooohnice.com

(2) If a contract is concluded, we will send you advertising for similar goods by e-mail from time to time. If you do not wish to receive such advertising e-mails, you can object to this use of your e-mail address at the following e-mail address: privacy@ooohnice.com

 § 13 Right to information/revocation and objection in accordance with the Federal Data Protection Act (BDSG)

(1) You have a right to information and, under certain conditions, a right to correction, blocking and deletion of your data stored in our systems.

(2) You also have the right to object to the processing or use of your personal data for the purposes of advertising or market and opinion research as well as address trading and commercial data processing.

(3) You can also object to the collection, processing or use of your personal data at any time if an examination shows that your legitimate interest outweighs the interest of the controller in the collection, processing or use due to your particular personal situation. This does not apply if a legal provision authorizes or obliges the collection, processing or use.

(4) Furthermore, you have the right to revoke your previously given consent to the collection, processing and use of your personal data at any time with effect for the future.

(5) We will provide you with further information or explanations on data protection by e-mail to privacy@ooohnice.com or by telephone on the customer service number +49 (69) 59774531. Please also use these contact details if you wish to exercise your right of objection or revocation in accordance with the BDSG. You can also find our privacy policy and our cookie policy as a link under Legal on our website www.ooohnice.com

 § 14 Applicable law

(1) The law of the Federal Republic of Germany shall apply to all disputes arising from or on the basis of this agreement, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2) The place of jurisdiction for all claims arising from or on the basis of this business relationship, including those arising from bills of exchange and checks, is Frankfurt am Main, provided you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case, we are also entitled to take legal action at the court responsible for your registered office.

 § 15 Final provisions

(1) The contract shall remain binding in its remaining parts even if individual provisions are invalid. Should a provision be invalid in whole or in part, the contracting parties shall immediately endeavor to achieve the economic success intended by the invalid provision in another, legally permissible manner.

 § 16 Out-of-court dispute resolution in accordance with VSBG

(1) From February 1, 2017, a new German regulation in the Act on Alternative Dispute Resolution in Consumer Matters (VSBG) will come into force. According to this, every consumer has the fundamental right vis-à-vis a trader to involve an out-of-court arbitration body in the event of disputes over a consumer contract that cannot be resolved amicably. Whether the trader is obliged to participate in the out-of-court dispute resolution procedure is determined by law.

(2) We hereby expressly declare in accordance with Section 36 (1) No. 1 VSBG that we are not obliged and therefore not willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board in accordance with the VSBG.

 § 17 Provider information

OOOH! FASHION LAB GmbH

Biegweg 26

60486 Frankfurt am Main

 

Tel.: +49 (69) 5977 4531

E-Mail: hello@ooohnice.com

 

CEO: (Magister) Beyhan Özdemir

Commercial register: Amtsgericht Frankfurt am Main HRB 119334;

Sales tax identification number: DE 328807241

 

Status: January 2024

Copyright © 2020-2024 by OOOH! FASHION LAB GmbH

OOOHnice! is a registered and protected trademark.

General discount regulation:

1. a) Unfortunately, discount codes cannot be taken into account retrospectively.
2. b) Discount codes are not applicable to reduced items.

 

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Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods, in the case of a contract for the delivery of goods in several partial shipments or pieces, on the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece.

 

To exercise your right of withdrawal, you must inform us 

OOOH! FASHION LAB GmbH

Biegweg 26

60486 Frankfurt am Main

 

Landline.: +49 (69) 5977 4531

E-Mail: return@ooohnice.com

 

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

 

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired. 

 

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you informed us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We will bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back to us).

To
OOOH! FASHION LAB GmbH
Biegweg 26
60486 Frankfurt am Main

E-Mail: return@ooohnice.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
______________________________________________
______________________________________________
 

Ordered on ___________________ (*)/received on _______________________(*)

______________________________________
Name of the consumer(s)
_________________________________
_________________________________
_________________________________
Adress of the consumer(s)
 
 
_________________________________
Date
_________________________________
Signature of the consumer(s) (only for notification on paper)

 __________________________________________________________________________ (*) Delete as applicable
 

END OF THE REVOCATION INSTRUCTION