General terms and conditions

§ 1 Validity, definitions of terms

(1) Oktoberfestluft, Michael Schönrock, Obere Weidenstr. 3, D-81543 Munich, Germany / Germany, Germany (hereinafter referred to as “we” or “Oktoberfestluft”) operates an online store for goods under the website https://oktoberfestluft.de. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” in the sense of these terms and conditions of business is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership which is equipped with the ability to acquire rights and enter into obligations.

§ 2 Conclusion of contracts, storage of the contract text

(1) The following regulations on the conclusion of contracts apply to orders placed via our online store at https://oktoberfestluft.de.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding offer to conclude a contract by successfully completing the ordering procedure provided in our online store. The order is placed in the following steps:

Selection of the desired product,
Add the products by clicking the appropriate button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
Check the information in the shopping cart,
Call up the order overview by clicking the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),

Conclude the order by clicking the button “Buy now”. This represents your binding order.

(4) In the event of a contract being concluded, the contract shall be concluded with Michael Schönrock, Obere Weidenstr. 3, D-81543 München, Germany / Germany, Germany.

(5) Before placing an order, the contract data can be printed or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

§ 3 Subject of the contract and essential features of the products

(1) With our online store is subject matter of the contract:

The sale of goods. You can see the concretely offered goods on our article pages.

(2) The essential characteristics of the goods are found in the article description.

(3) The sale of digital products is subject to the restrictions evident from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the indicated prices, shipping costs may be incurred for the delivery of products, unless the respective article is not shown as free of shipping costs. The shipping costs will be clearly indicated again on the offers, if necessary in the shopping cart system and on the order overview.

(4) All offered products are, unless clearly stated otherwise in the product description, immediately ready for shipment (delivery time Germany: 3-5 days after receipt of payment).

(5) The delivery takes place worldwide.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

As a consumer you have a right of withdrawal. This depends on our cancellation policy.
Cancellation instruction >/a>.
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tort is limited to intent or gross negligence.

(2) We shall have unlimited liability for slight negligence in the event of injury to life, body or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial losses attributable to this shall be limited to the typically foreseeable damage typical for the contract. An essential contractual obligation is an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the observance of which you may regularly rely. This includes in particular our duty to act and to fulfil the contractually owed performance, which is described in § 3.

§ 8 Contract language

The contract language is exclusively German.

§ 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) For entrepreneurs, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are requested to check the item(s) or the digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will of course not affect your statutory warranty claims.

§ 10 Final provisions

(1) German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).

(2) The provisions of the UN Sales Convention shall expressly not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.