TERMS & CONDITIONS
§ 1 General information /Execution of the contract
(1) The following terms and conditions shall apply to Oxynator residing at the address Ludwig-Roselius-Allee 240 28327 (it shall be hereinafter referred to as Oxynator) and its customers for exclusively to the use of Distance communication agreement at the online store at http://www.oxynator.eu/ (hereinafter referred to as the Online Store) in the online store connected with http://www.oxynator.eu/ web site.
Customer conditions deviating from our conditions shall not be deemed valid. If we make individual agreements with customers that deviate from the terms and conditions in individual cases, these terms and conditions will take precedence.
(2) A contract between Oxynator and the customer takes place through supply and acceptance. Oxynator sells its products through its own Online store.
(3) Product entries made by Oxynator to its Online store http://www.oxynator.eu/ do not constitute an offer and should only be construed as an invitation for the customer to submit an offer to Oxynator. The customer completes the order process at the Oxynator Online store and submits a proposal to Oxynator. The offer is sent to Oxynator via electronic message after the confirmation phase of an approved order in the Online store. Subject to cancellation, the customer is bound to this offer for 3 working days following the entry of the offer. During this time, the Oxynator may accept the offer. Upon receipt of the offer, Oxynator shall confirm receipt of the offer by sending an e-mail electronically. Order confirmation does not indicate acceptance of the orderer's offer, except for the "prepayment" method. The procurement contract process begins when the order is accepted by Oxynator and the products are delivered at the latest. Acceptance or delivery takes place within 3 business days. In the case of the "down payment" method, the contract shall have entered into force when the order is confirmed. Oxynator reserves the right to refuse a customer's order.
(4) Information and other power data on dimensions, weights, content or quality that can be viewed on web pages linked to htttp://www.oxynator.eu/ do not represent a guarantee of quality or durability within the meaning of Paragraph 443 of the German Civil Code. We reserve the right to errors, mistakes and uncertainties that may occur in information based on the homepage and said images and brochures/flyers.
(5) All products and items are generally presented, sold and delivered without the ornaments in the picture.
§ 2 Right of Withdrawal/Right of Withdrawal Instructions
Below you will find instructions on the requirements and consequences of the legal right of withdrawal for shipped orders.
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Consumer Withdrawal Instructions
Right of withdrawal
You are entitled to cancel this contract within fourteen days without submitting any reason.
The period of cancellation is fourteen days from the day you or a third party that you have determined but is not a carrier receives or embezzles the final products.
In order to exercise your right of cancellation, you must make a clear statement (for example, a letter sent by post, fax or email) and notify this to
Oxynator,
Ludwig-Roselius-Allee 240
28327 Bremen
Phone: + 49 (0) 421 42 80 74 72
E-mail : info@oxynator.eu
addresss. In this context, you can use the attached Withdrawal-Sample form, but its use is not mandatory.
To meet the cancellation deadline, just send your notification that your right of withdrawal has been exercised before the cancellation period expires.
Consequences of cancellation
If you withdraw from this agreement, we will be required to reimburse you immediately and no later than fourteen days from the date of receipt of notice of withdrawal from this agreement, including delivery costs (excluding any additional costs arising from choosing a different type of delivery from the cheapest standard delivery we offer). For this refund payment, we will use the payment methods you used for the original transaction unless otherwise expressly agreed with you. No additional fee will be requested from you for refund payment under any circumstances. We may refuse to reimburse until we have recovered the products or until you have proven that you have returned the products, whichever comes sooner.
You must return or deliver the products to us at the latest fourteen days after you notify us of the cancellation of this contract and in any case at the latest within 14 days. If you return the products before the fourteen-day period has expired, the last return date will be deemed fulfilled. You will bear the direct costs of returning the goods.
If the loss in the value of the goods results from the transportation of goods that are not necessary to control the quality, characteristics and functionality of the goods, you will only have to pay for any loss in the value of the goods.
Denial of right of withdrawal
For the delivery of products made in advance and determined by the individual choice or determination of the consumer or clearly determined according to the personal needs of the consumer,
For the delivery of products that may deteriorate quickly or expire quickly,
For the delivery of sealed products that are not suitable for return due to health protection or hygiene, if their seals have been removed after delivery,
For the delivery of the goods if they are inextricably mixed with other products due to their nature,
For the delivery of audio or video recordings or computer software in a sealed package, if sealed after delivery,
for the delivery of newspapers, magazines or magazines other than subscription agreements,
Unless otherwise stated, the right of withdrawal shall not apply to distance contracts.
End of Withdrawal Instructions
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§ 5 Possible cancellation by Oxynator in the absence of Goods
(1) Oxynator reserves the right to withdraw from the contract reached in the event that a supplier fails to deliver or makes insufficient delivery, without our fault, despite the timely order from the supplier. In this case, Oxynator will inform the customer immediately after realizing that the products are not available and will reimburse the customer immediately for any fees already received.
(2) Oxynator has the same right if the products cannot be supplied due to force majeure.
§ 6 Payment conditions, Shipping costs
(1) The purchase price shall be applied according to the price specified in the Online store. The relevant price of the relevant products includes statutory value added tax. In addition, there may be fixed costs for packaging and shipping. However, their amounts are listed separately before the execution of the contract.
(2) Unless otherwise agreed, the sales price shall be paid using the payment options specified in the store.
•Advance Payment
If you choose Prepayment as your payment method, we will forward you our bank information in the order confirmation and deliver the products after receiving the payment.
• With this payment method, we ask the customer to deposit the order amount to the account specified in the order confirmation within 7 business days.
•Credit Card
Your credit card will be charged once the order is completed.
• Automatic Payment
The purchase price will be deducted from your account once the order is completed.
•Paypal
You pay the invoice amount via PayPal, the online provider. Essentially, you need to register or sign up there, legitimize your access data, and confirm the payment instruction to us (Guest check-in is an exception). You will receive more information during the ordering process.
• Instant wire transfer
We also offer instant remittance. Thus, we receive the transfer amount instantly. This speeds up the entire ordering process. All you need is the account number, bank code, PIN, and TAN. Through the secure payment form of Payment Network AG, which is not accessible to merchants, sofortüberweisung.de automatically establishes a transfer account to your real-time Online bank account. The purchase amount is transferred immediately and directly to the merchant's bank account.
Our service as a customer is free of charge for you, only the fees of your main bank (wire transfer fee) are valid.
If you choose the Instant Transfer payment method, a pre-filled form will open at the end of the order process. This form contains our pre-filled bank account. In addition, the amount and purpose of the transfer are displayed on the form. You are now required to select the country where your Online banking account is located and enter the bank code. Then enter the same data you used to register with Online banking (Account No and Password). Confirm your order by entering TAN. The result of the transaction will be approved immediately afterwards.
In general, each internet user can benefit from an instant wire transfer payment method if they have an active Online banking account with PIN/TAN. Please note that a few banks have not yet offered instant remittance. You can find out more about whether your bank supports this service here: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html.
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§ 6 Terms of Delivery
(1) Unless otherwise stated in the proposal, the delivery period in Germany is 3-5 days. Unless otherwise stated in the proposal, the delivery period to Austria and Switzerland is 8-10 days.
(2) We aim to deliver in a single shipment but reserve the right to partial delivery if reasonable for the customer. We will bear the additional costs involved.
(3) In case of unforeseen obstacles outside our area of responsibility, the delivery period is extended. If delivery times are exceeded or partial delivery is made, the customer will be notified by email as soon as possible. If necessary, they can declare that they are no longer interested in the next delivery. In this case, the advance payment is refunded.
(4) If the Customer has not shared complete information for the delivery of the products or has not provided the documents necessary for the implementation of the contract, Oxynator may deliver only when the necessary information is received in full.
(5) Delivery is performed by professional transportation service providers (e.g. UPS, DHL; Deutsche Post AG). We are sending to the address provided by the customer, it is not possible to send to the mailbox. All shipments are insured.
(6) Deliveries are made only within the borders of Germany, Austria and Switzerland. All other countries are on application only.
(7) If the Customer defaults in accepting or defectively violates other cooperation obligations, Oxynator is entitled to claim compensation for the damage resulting therefrom, including all kinds of additional costs. We reserve the right to make further claims.
(8) The necessary permissions to send the products abroad shall be obtained by the customer on his own behalf at his own expense.
§ 7 Transfer of risk
(1) The transfer of risk occurs when the products are delivered to the customer.
(2) If the products are delivered with obvious shipping damage, we ask the customer to immediately complain to the shipper about such errors and to contact us as soon as possible. Failure to file a complaint or contact us will have no consequences for your legal warranty rights. However, you help SH to assert its claims against the carrier or transportation insurance.
§ 8 Retention of Ownership
(1) Oxynator retains ownership of the products until all claims from the contractual relationship, including all ancillary costs, are fully met. If the Customer defaults, Oxynator shall be entitled to demand the return of the goods in accordance with the legal provisions without setting another deadline.
(2) Any processing of the Products by the customer is carried out for Oxynator. If the Products are combined with objects that do not belong to Oxynator, Oxynator acquires joint ownership of the newly manufactured product in proportion to the value of the products purchased from Oxynator to other objects at the time of connection.
§ 9 Terms of Warranty
(1) Oxynator is entitled to legal warranty in accordance with the following provisions when purchasing to its customer. In case of defective delivery of new products, the customer is entitled to claim subsequent performance in the form of flawless delivery or reprocessing of the products within 2 years. Special times apply for batteries. The customer is entitled to a warranty for a period of one year for used goods. If the type of compensation selected by the customer is associated with disproportionate costs, Oxynator is entitled to reject the type of compensation selected subsequently. In this case, the buyer's claim is limited to the other kind of subsequent compensation.
(2) Damages caused by improper or improper use or use, non-compliance with improper installation, operation and/or maintenance instructions applied by the customer or a third party, changes to the products, assembly of parts or consumables that do not comply with the original technical specifications, natural wear, Chemical, electrochemical or electrical effects are not covered by the warranty unless they are caused by Oxynator.
§ 10 Responsibility
(1) Oxynator is responsible for intentional or gross negligence in accordance with statutory provisions. Oxynator is responsible for damage to life, body or health or for defective breach of core contractual obligations. If there is no statutory liability according to the preceding sentences, the claim for compensation for breach of the basic contractual obligations is limited to contractual, foreseeable damage.
(2) The above regulation does not apply to product liability law in accordance with Product Liability § 1.4.
(3) The provisions of the preceding paragraphs shall apply, irrespective of the legal cause, in particular to all claims for damages due to defects, breach of obligations arising from this contractual relationship or tort. It also applies as compensation for wasted effort. Oxynator is responsible for proxy representatives in accordance with legal regulations.
(4) For other damages in the event of a breach of duty that does not affect the core contractual obligations, Oxynator is solely responsible for gross negligence arising from itself and its agents. This occurs only if it does not jeopardize the achievement of the purpose of the contract. In this case, only the liability of Oxynator itself and its proxy representatives is excluded due to simple negligence.
(5) If Oxynator defaults on delivery, the resulting damage shall be limited to foreseeable damage in the event of slight negligence and shall be calculated at a maximum of 5% of the purchase price. This does not affect other claims for damages arising from intent or gross negligence.
(6) Any other reason for the damage is expressly excluded herein.
§ 11 Provider ID
Oxynator,
Ludwig-Roselius-Allee 240
28327 Bremen
Phone: + 49 (0) 421 42 80 74 72
E-mail : info@oxynator.eu
§ 12 Place of Performance
The place of execution and payment is Oxynator's head office. The laws of the Federal Republic of Germany apply.
§ 13 Privacy Statement
Customer understands and agrees to record the data required to process the contract made by Oxynator. Oxynator does not transmit stored data to third parties unless it is necessary for the shipment or billing purposes of the products. The customer may request the deletion of stored data at any time.
§ 14 Final Provisions
(1) If the individual provisions of these general terms and conditions are ineffective, this shall not affect the validity of the remaining provisions.
(2) Any agreement deviating from these general terms and conditions must be made in writing. It also applies to the agreement on the amendment of the terms and conditions itself.
Additional conditions for lease agreements
Oxynator offers its private customers (consumers within the meaning of § 13 BGB) the opportunity to lease their products. In the case of lease, the following lease terms apply to consumers in addition to our general terms and conditions.
§ 1 Lease Period /Limitation of Liability in the event of Delay
(1) The lease period starts on the agreed day. If the lessee does not receive the device on that day, we have the right but are not obliged to lease the device to someone else by giving prior notice.
(2) Unless otherwise agreed, the lessee shall return the products. The place of performance for return delivery is the registered office of our company as stated in the legal notice.
(3) We have the right to provide the Lessee with a functionally equivalent device instead of the agreed device or device type.
(4) If we default in delivering the leased property, we become liable only in cases of intent and gross negligence, limited to the amount that the lessee will have to pay for the lease period, but not more than 1 month except for other costs.
§ 2 Withdrawal of the Lessee
In the event that the lessee is withdrawn before the start of the contract, the lessor is entitled to recover the expenses, not exceeding 20% of the agreed lease, but not exceeding 20% of the monthly lease.
§ 3 Notification of risk transfer, defect and liability, insurance
(1) When delivering the device to the lessee, the transporter or a third party designated by the lessee, the lessee is responsible for the risk of accidental loss or deterioration.
(2) Der Mieter hat das Gerät bei Übergabe auf Betriebsfähigkeit und Mängel zu prüfen und ggf. sofort zu rügen.
(3) Concealed defects must be reported immediately after occurrence.
(4) If the Lessee does not make a timely complaint, the Lessee shall not be entitled to a discount for the period of failure of the device.
(5) In case of justified defects for which we are responsible, we have the right and obligation to eliminate the defects at our own expense. Other claims of the lessee are excluded except for the lease allowance offered due to temporary loss. The lease period is sufficiently extended by the time elapsed from the notification of the defect to its disposal or replacement.
(6) If the bidder responsible for the defect, it shall be remedied at the expense of the lessee.
(7) All other claims for damages of any kind shall be excluded. This condition will occur unless acted upon by gross negligence or intent. The lessor is responsible for normal wear and tear.
(8) Operating instructions should be read and safety rules should be observed before commissioning.
(9) The Lessee undertakes to insure the leased property at its own expense at the purchase price during the contract period against the risks of destruction, loss and damage. Upon execution of the lease agreement, the lessee transfers all claims in the above insurance contracts as well as claims against the damaging party and its insurers to the lessor. The lessee agrees to withdraw.
§ 4 Lease calculation / Offset / Detention / Transfer
(1) The lease shall be calculated on a calendar day, week or month basis according to the lease price list.
(2) Agreed lease applies only to the device itself. All necessary accessories shall be invoiced separately. All other costs for transportation, necessary auxiliaries and consumables, operating materials and cleaning shall be calculated separately.
(3) Lease and additional expenses shall be paid in advance - strictly net - without any deduction, unless otherwise agreed. The same applies to the case of extension of the lease period.
(4) We have the right to request a reasonable deposit during the lease period.
(5) In the event that the lessee is left behind with a non-significant part of the lease or the lessee is left behind in the same way from the other transactions between us and it or we become aware of significant changes in its financial situation or if there are other important reasons, if the continuation of the lease contract cannot be considered reasonable for us any more, we are entitled to take the device back to us immediately. If we encounter costs, loss of lease or other verifiable damages as a result of the early termination of the agreed lease term, the lessee shall pay compensation for this.
(6) Unless the counterclaim is legally binding, it excludes the deduction or set-off of payments due to any disputed counterclaim of the lessee by us.
§ 5 Lessee's maintenance obligation
(1) The Lessee is responsible for properly protecting, maintaining and repairing the leased tool during the contract period at its own expense.
(2) The Lessee is not entitled to make repairs on its own or have them made by third parties without our prior consent.
(3) The Lessee shall be responsible for ensuring that the device is used in accordance with its intended purpose.
(4) The Lessee is solely responsible for the damage caused to third parties due to the use of the leased equipment.
§ 6 Transfer of tender / use to third parties
The Lessee is not entitled to sub-lease the leased product or provide it in any way for profit use.
§ 7 Return obligations of the lessee
The leased object must be returned to the lessor immediately after the expiry of the contract. If the agreed return date is not met, a daily lease fee must be paid for the delay period. Other compensation claims of the lessor shall continue unaffected.