General Terms & Conditions

General

 

The following terms and conditions are applicable to all orders which the customer (hereinafter called “you”) places with Odernichtoderdoch GmbH, HRB 15610, Weseler Straße 601, 48163 Münster, hereinafter called “Odernichtoderdoch“, “us“ or “we“ in the online shop on the website www.odernichtoderdoch.de or onlineshops of third parties who cooperate with us. According to these GTC, customers are only natural persons who conclude a purchase contract with us for purposes which mainly can neither be ascribed to their industrial nor their independent professional activities (consumers).
You consent to the validity of these terms and conditions if you confirm this during the ordering process. Therefore, we ask you to read these terms and conditions carefully before you place an order. Even after the conclusion of the contract you may retrieve this information at any time at http://www.odernichtoderdoch.de/agbs. In addition, we will send you these terms and conditions together with the order confirmation by e-mail.

 

Operators of Odernichtoderdoch

 

The website www.odernichtoderdoch.de and the webshop (www.odernichtoderdoch.de/shop) is operated by:

Odernichtoderdoch GmbH
Weseler Straße 601
48163 Münster
HRB 15610, Münster registry court Management: Niklas Heinen, Joana Heinen

The Odernichtoderdoch GmbH is a 100 % affiliate of the 100TAUSENDLUX Holding UG (limited liability).

 

Conditions for the conclusion of the contract

 

Products

 

The Odernichtoderdoch offer includes the purchase of goods (stationery, postcards, gift items) on the one hand and the purchase of digital contents for downloading on the other hand.

 

Minimum requirements for the conclusion of a contract

 

We do not offer products for purchase by infants. If you are not 18 years old, you may use our webshop in cooperation with a parent or a guardian only.
You may place orders through our website or a website of third parties with whom we cooperate, exclusively as a consumer and not as a commercial reseller.
We provide a separate portal and separate GTC for commercial resellers.

 

Formation of a contract with Odernichtoderdoch

 

Conclusion of a purchase contract for goods

 

Please note that all information on the website are not an offer for concluding a contract. Rather, they are a request to you to submit an offer for the conclusion of a contract.
To place an unbinding offer for the conclusion of a purchase contract, you have to go through the ordering process of our online shop. You consent to place a binding offer by clicking the “Buy” button after you have put the selected product into the virtual shopping cart and gone through the ordering process. The ordering process is thus completed.
It may occur in individual cases that certain products shown on our website are not available. A detailed view of the respective product provides a corresponding note on the availability of the product. If the product which you selected for an order is not available, you cannot place it into the shopping cart and therefore not make an offer to us for a purchase contract. Please note that we sell all products in common household quantities only.
Once you have placed your order in this way, you will receive an order confirmation from us by e-mail. This order information is our acceptance of your offer for the conclusion of a contract. Make sure that the e-mail address specified by you for the handling of the order is correct so that you can receive our order confirmation at this address. When using SPAM filters, make sure in particular that all e-mails sent by us can be delivered.

 

Conclusion of a purchase contract for digital contents for downloading

 

You consent by submitting an offer of your order for the purchase of digital contents available for downloading.
Our order confirmation is an acceptance of your offer.

 

 

Prices, shipping costs and delivery information

 

The prices as mentioned on the product pages include the legal value-added tax and other price components.

We deliver only within Germany, Europe and some selected countries worldwide.

In addition to the specified prices, we bill shipping costs for each order for a delivery within Germany, depending on the number and size of the respective products. The shipping flat charge is always based on the largest shipping class for an order of several items. The shipping costs are detailed in the shopping cart system and on the order page and are divided into the following shipping classes:

– shipping class I : the shipping class I includes all orders of postcards and postcards sets – cost: 2,90 €

– shipping class II : the shipping class II includes all orders of any item except postcards – cost: 4,90 €

In addition to the metioned shipping classes there is a shipping class for any shipments to the EU:

– shipping class EU : The shipping class EU inludes all orders with any item outside from Germany – cost: 9,50 €

In addition to the metioned shipping classes there is a shipping class for any shipments to the selected countries worldwirde:

– shipping class worldwide: The shipping class worldwide inludes all orders with any item outside from the EU – cost: 25,00 €

 

 

Payment Methods

 

Paypal and bank transfer (advance payment) are available as payment methods.
If you choose the Paypal payment, by clicking the “Buy” button you simultaneously place the payment order with your payment service provider (Paypal). The invoice amount will be debited from your Paypal customer account after you have received our order confirmation.

If you choose a bank transfer, the following is applicable: You have to transfer the entire purchase price for your entire order to our account not later than 10 days from the conclusion of the contract.
Odernichtoderdoch GmbH

IBAN: DE 34 4005 0150 0000 5674 79 BIC: WELADED1MST
Account number: 0000 5674 79 Bank code: 4005 0150

 

 

Delivery of ordered goods

 

If you buy several items on the basis of a uniform order in our online shop or in online shops of third parties who cooperate with us, you will receive all of these items within the scope of a uniform delivery. If you buy several items within the scope of a uniform order, we will deliver them only after you have paid the purchase price for all ordered goods to us.

 

 

Provision of download links

 

You may choose whether we are to send you the download link immediately or after the expiration of your cancellation term of 14 days since the day of the conclusion of the contract.
If you wish to place the digital contents for downloading into the virtual shopping basket you have to tick one of these alternatives off by a mouse click to exercise your pertaining right of option.

Please note that your legal power of cancellation expires if you expressly consent to the immediate delivery of the download link prior to the expiration of the cancellation term and confirm your knowledge of the extinction of power of cancellation. We again refer to the detailed view of the respective product and the shopping cart. Clicking “Immediate delivery prior to the expiration of the cancellation term” you acknowledge your definite agreement and your knowledge that your power of cancellation will expire.

We will not send you the download link for the digital contents ordered by you to your specified e-mail address unless you have paid the complete purchase price. You are responsible for the correctness of the e-mail address specified by you.
If you buy goods and digital contents within the scope of a uniform order, we will send you the download link as soon as you have paid the purchase price for the respective digital contents.

 

 

Your legal power of cancellation (cancellation instructions)

 

Power of cancellation

 

You may revoke this contract within fourteen days without giving reasons.
The cancellation term is fourteen days, starting on the day when you or a third party, who is specified by you and is not the forwarder, has taken possession of the goods. If you ordered several goods within the scope of a uniform order and they are delivered separately by us for any reason, the term shall start on the day when you or a third party, who is specified by you and is not the forwarder, has taken possession of the last good. To exercise your power of cancellation, you have to inform us about your decision to revoke this contract in a unambiguous declaration (e.g. a letter sent by the postal service or by e-mail). To this effect, you may use the enclosed sample cancellation form. However, this form is not mandatory.

Please send your declaration to the following address:

Odernichtoderdoch GmbH
Burgstraße 23
48151 Münster

You may declare your cancellation by e-mail to shop@odernichtoderdoch.de as well. Please specify in your email your name, the name of the respective items, your order

number as well as the date of the conclusion of the contract and the date on which you received the items.
To comply with the cancellation term, it will be sufficient to send the message for exercising the power of cancellation prior to the expiration of the cancellation term.

 

Consequences of the cancellation

 

If you revoke this contract, we will have to refund all payments received from you including the delivery costs (except for the additional costs arising from the fact that you selected another type of delivery and the most favourable standard delivery offered by us) immediately and not later than fourteen days from the day on which we received the notice of your cancellation of this contract.
For the repayment we use the same payment methods you used for the original transaction unless otherwise agreed with your expressly. In no case will you be charged for this refund.
But we may refuse a refund until we have received the goods back or you provide evidence that you have returned the goods, depending on which is the earliest.
You have to return the goods immediately and in each case no later than within fourteen days from the day when you informed us about the cancellation of this contract.
The goods will be returned to the following address:

Odernichtoderdoch GmbH
Weseler Straße 601
48163 Münster

The time period is deemed complied with if you sent the goods prior to the expiration of these fourteen days.

However, you will also have to pay the immediate costs for returning the goods.
You only have to be responsible for a possible loss of value of the goods if this loss of value is caused by your handling which is not necessary for examining the quality, properties or function of the goods.

 

End of the cancellation instructions

 

Reservation of self-supply, right of cancellation

 

The stationery designed by us is printed by our contractual partners and delivered to our stock. We selected these suppliers carefully.

If a product as ordered by you is not available due to our supplier failing to deliver without
our fault and despite their contractual obligations, we are entitled to cancel the contract.
In this case we will inform you immediately about the non-availability of the product. If you have already paid the purchase price, we will refund this purchase price using your chosen payment method.
Your right to exchange for reasons of goodwill in addition to your legal cancellation right and your legal warranty claims and rights.

 

Your right to exchange

 

In addition to your legal cancellation right as well as your legal warranty claims, and rights we voluntarily grant an exchange right exclusively for items ordered by you but not for downloads of digital contents up to 30 days after handover of the items.
This voluntary right to exchange is expressly in addition to your legal cancellation right as well as your legal warranty claims and rights and shall definitely not limit or exclude them. During the cancellation period the legal conditions of the cancellation rights as specified in the cancellation instruction shall exclusively apply to you. You may exercise your right to exchange by sending us the pertaining goods within 30 days after the handover of the item to the following address:

Odernichtoderdoch GmbH
Weseler Straße 601
48163 Münster

In this case it is not necessary for you to return the goods in their original packaging.
If you buy within the scope of a uniform order several items at total price, you may exercise your right to exchange only with respect to all products of this uniform order.
If you ordered a gift set, you may claim your right to exchange only with respect to all products of this gift set together.

If you return the goods you ordered for an exchange in this way, you will obtain a virtual voucher amounting to the goods value of the goods returned by you. You may then redeem this voucher for purchasing other products in our online shop at www.odernichtoderdoch.de. We may retain the purchase price originally paid by you. You have to bear the costs of returning the goods and the risk that the item may get lost accidentally during the transport.

 

Exclusion of the right or return

 

If you return the goods after the expiration of this exchange period, we will refuse them and not send you a virtual voucher for our online shop.
Also, we will refuse acceptance of the returned goods and not send a virtual voucher for our online shop prior to the expiration of the return period if the goods are not returned in the same condition as on delivery to you. This means that your right to return is excluded if:

Individual sheets from the stationery ordered by you and delivered to you have been torn out, covered with writing or have been damaged or soiled in another way. The envelopes as ordered by you are covered with writing, soiled in another way or damaged and not all envelopes of the respective envelope set as ordered by you are not returned. The postcards as ordered by you are covered with writing, soiled in another way or are damaged or
A writing set has been used or damaged in a way exceeding the mere examination of the usability.
If you buy several products at a total price within the scope of a uniform order, we will refuse an acceptance of these products and will not send a voucher for our online shop if just one product of this gift set is not in a condition which the respective product had at the time of delivery.

If you bought a gift set, we will refuse an acceptance of these products and will not send a voucher for our online shop if just one product of this gift set is not in a condition it had at the time of delivery. If we refuse acceptance of the returned goods and do not send you a voucher for our online shop, we will return the goods to you again at our expense.

 

Copyright

 

We reserve all copyrights and other rights to our website as well as the published contents, information, images, videos, data bases and downloadable files offered in the online shop for sale (hereinafter called “protected property”). A modification, reproduction, publication of the protected property is expressly prohibited without my previous written consent.
Choice-of-law clause
All our services are subject to German legislation, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Instruction on online dispute settlement
The EU Commission provides an online platform for an online dispute settlement: OS-Plattform.

 


Appendix 1 to these General Terms and Conditions

 

Sample cancellation form

 

If you wish to revoke the contract, please complete this form and return it to us. To

Odernichtoderdoch GmbH
Weseler Straße 601
48163 Münster

The purchase of the following goods / rendering of the following service:

……………………………………………………………………

……………………………………………………………………
(Name of the goods, order number and price, if applicable)
Goods ordered on:

………………………..
Date

Goods received on:

………………………..
Date

Consumer’s name and address

Contact
………………………..

………………………..

………………………..

………………………..
Date

…………………………………………….
Customer’s signature
(only for hardcopy notification)

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