As of 1.06.2016
Terms and Conditions of IVY & OAK GmbH
§ 1 Scope and Provider
- These General Terms and Conditions apply to all your purchase orders placed at the online shop of IVY & OAK GmbH, Monbijouplatz 4, 10178 Berlin.
- The goods offered in our online shop are only available for purchase by persons who are 18 years or older. If you are younger than 18 years an approval of the legal representative is required.
- We provide our deliveries, services and offers and enter into any contract exclusively on the basis of these General Terms and Conditions. General Terms and Conditions apply also to all future contracts even if they are not explicitly agreed again. We already now object to the application of a customer’s general terms and conditions which contradict our General Terms and Conditions.
- The sole contract language shall be German.
- You can view and print out the currently effective General Terms and Conditions on our website at https://www.ivy-oak.com/terms. Conclusion of the contract will be documented and stored at our location. Upon conclusion of the contract, the text of the contract will not be filed at our location and will therefore not be accessible by you.
§ 2 Conclusion of Contract
- Presentation of goods in our online shop shall not represent a binding offer by us to conclude a purchase contract. Rather, this shall be a non-committal request to order goods from the online shop.
- By clicking the “Buy Now” button you make a binding offer of purchase.
- Upon receipt of the offer of purchase, you will receive an automatically generated e-mail in which we acknowledge receipt of your order (confirmation of receipt). The confirmation of receipt does not mean acceptance of your offer of purchase. A contract is not concluded by sending the confirmation of receipt.
- A purchase contract for the goods shall be concluded only when we expressly declare acceptance of the offer of purchase or – if you are not a consumer – when we ship the goods to you without an express prior declaration of acceptance.
§ 3 Prices
The prices quoted on the good pages include value-added tax and other price components and the respective shipping costs.
§ 4 Terms of Payment, Default
- Payment can be made optionally by: Invoice, Credit card or Paypal.
- When paying by credit, the amount of the purchase price will be reserved on your credit card at the time of ordering. We will charge your credit card account when dispatching your order.
- Klarna Invoice
In cooperation with Klarna, we offer you invoice and payment in instalments as payment options. Please be aware that Klarna Invoice and Klarna Account are only available for consumers and that payment is to be made to Klarna. Payment period is 14 days calculated from invoice date. The invoice is issued on the day on which the goods are shipped and is
either sent by email or together with the goods. The complete terms and conditions you can find here.
- We work together with RatePAY GmbH, Franklinkstraße 28-29, 10587 Berlin(hereinafter “RatePAY”) to offer you convenient payment methods. If an effective purchase agreement between you and us enters into effect through the use of a RatePAY payment method, we assign our payment claim to RatePAY. When using the RatePAY payment method instalment payment, we assign our payment claim to the partner bank of RatePAY GmbH.
If you select one of the RatePAY payment methods offered here, you consent to the forwarding of your personal and order data to RatePAY GmbH to process your order and contract, to verify your identity, and to assess your creditworthiness. All details can be found in the Additional General Terms and Conditions and Data Protection Notice for RatePAY payment methods, which are part of these General Terms and Conditions and which come into effect whenever you opt to use a RatePAY payment method.
§ 5 Set-off / right of retention
- You shall have a right of set-off only if your counter-claim has been become non-appealable or is not disputed by us.
- You may exercise a right of retention only to the extent your counter-claim is based on the same contractual relationship.
§ 6 Delivery, Retention of Title
- Unless otherwise agreed, the goods shall be delivered from our warehouse to the address you have specified.
- The goods shall remain our property the purchase price has been paid in full.
§ 7 Information about Right of Withdrawal
If you are a consumer, that means every natural person who enters into a legal transaction which is not mainly induced by either his commercial or self-employed professional activity, you have a right of withdrawal subject to the following provisions.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise your right of withdrawal, you must inform us,
IVY & OAK GmbH,
Fax: +49 (0) 30 220 564 249
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
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 fourteen days from the day on which we are informed about your decision to withdraw from this. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or until you supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods to IVY & OAK GmbH c/o moodja UG, Straße der Einheit 142-148, 14612 Falkensee without undue delay and in any event not later than within 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
Complete this form if you wish to withdraw from the contract and return to:
IVY & OAK GmbH,
Fax: +49 (0) 30 220 564 249
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
– Ordered on (*) / received on (*)
– Name(s) of consumer(s):
– Address(es) of consumer(s):
– Signature(s) of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
End of Withdrawal conditions
- The right of withdrawal does not apply to any delivery of goods which are made to your own specifications, which are clearly tailored to your personal needs or which are clearly personalised (e.g. customised production), to any delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seals have been removed after delivery.
- Please avoid damage and soiling. Please return the goods to us with the original packaging if possible, with all accessories and with all packaging components. If appropriate, use a protective outer packaging. If you no longer have the original packaging, please use an appropriate packaging to provide sufficient protection against damage in transit to avoid claims for compensation due to damage as a result of insufficient packaging.
- Please note that the arrangements specified in above paragraph 2 are not a precondition to effective exercise of your right of withdrawal.
- We bear the costs of returning the goods.
§ 8 Voluntary Return Guarantee within 30 Days of Reception of Goods
- Irrespective of your right of withdrawal you can return all goods purchased on our website for a refund within 30 days of receiving your original order (Return Guarantee). According to this Return Guarantee you can cancel your purchase contract after the end of the withdrawal period (§ 7) by returning the purchased goods within 30 days of receiving the good to the address specified below. The deadline is met if you send back the goods before the period of 30 days has expired. Please return the goods to: IVY & OAK GmbH c/o moodja UG, Straße der Einheit 142-148, 14612 Falkensee, GERMANY.
- You are only allowed to cancel the contract under this § 8 only if you send back the goods in its original packing, you only tried the product on in a way comparable to trying it on in a usual store and the product is not damaged.
- This voluntary return guarantee does not apply to any delivery of goods which are made to your own specifications, which are clearly tailored to your personal needs or which are clearly personalised (e.g. customised production), to any delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seals have been removed after delivery.
- Should you wish to return the goods, please use the returns label attached to your goods. In case you need a new returns label, please send an e-mail to firstname.lastname@example.org.
- § 7 Sec. 4 shall apply accordingly.
- This voluntary return guarantee does not affect your legal rights (especially your legal right of withdrawal according to § 7). During the withdrawal period, only the conditions of your right of withdrawal apply. This voluntary return guarantee does not affect your statutory warranty rights, according to § 10.
§ 9 Damage in transit
- We bear the risk of transport until the good has been delivered to you. If goods obviously damaged in transit are delivered, please notify such defects immediately to the delivery agent and please contact us as soon as possible.
- Any failure to notify the delivery agent or to contact us has no consequences in respect of your legal rights. However, you agree to provide reasonable assistance to help us assert our own claims against the carrier or the transport insurance.
§ 10 Warranty
- Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the sale of goods and other applicable laws.
- If you are not a consumer the statutory provisions shall apply with the following modifications:
– Only our own indications and the manufacturer’s product description shall determine the agreed characteristics of the goods. Public statements, praises or advertising of the manufacturer do not represent any contractual indication of the characteristics and functioning of the goods.
– You must inspect the goods forthwith and with due diligence for deviations in respect of quality and quantity and in the case of a defect that is apparent on normal visual inspection to notify us within 7 days of receipt of the goods or, in the case of a latent defect, within 7 days of the latent defect having become apparent. To meet the deadline, it shall be sufficient to dispatch your notice before expiry of the deadline. Warranty claims cannot be raised if the obligation to examine and give notice of defects is not complied with.
– In the event of any defect notified to us within the timescales set out above, we shall at our option provide remedy by means of subsequent improvement or substitute delivery (supplementary performance). In any case of subsequent improvement, we shall not have to bear any increased expenses incurred by the goods having been brought to any place other than the place of fulfilment, unless where such relocation is in compliance with use of the goods in accordance with their intended use.
– Should supplementary performance fail twice, you may at your option demand diminution or rescind the contract.
– The warranty period shall be one year from delivery of the goods.
§ 11 Liability
- Unlimited liability: We shall be liable for wilful intent and gross negligence. In the event of ordinary negligence, we shall be liable under the provisions of the he German Product Liability Act (Produkthaftungsgesetz) and for injury to the life, body or health of persons.
- Limitation of liability: Apart from that, we shall be liable for ordinary negligence only in the event of a breach of a material contractual obligation fulfilment of which makes proper performance of the agreement possible in the first place and discharge of which the contractual partner may typically rely on (material contractual obligation). This limitation of liability shall likewise apply for the benefit of our vicarious agents.
§ 12 Final Provisions
- Should any of the provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
- These terms and conditions shall be subject to the law of the Dealer`s home state, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of jurisdiction does not apply or does apply only to limited extent, if the user is a natural person and concludes this contract for a purpose which can be regarded as being outside his trade or profession (consumer) and where such commitment of the user has the effect of depriving the user of consumer protection legislation of his country of residence, which is mandatory according to the law of his country of residence. In this case, aforementioned choice of law is supplemented by the respective consumer protection legislation of the user’s country of residence or according to the law of the state in which the user has his domicile or habitual residence, a choice of jurisdiction is not allowed. In this case the law of the state where the user has his domicile or habitual residence determines which law applies. In case the user is a consumer with habitual residence in Switzerland, Swiss law applies, provided that the requirements under Art. 120 para.1 a-c IPRG are met. In case the buyer is a consumer with habitual residence in Norway, the Norwegian Consumer Purchase Act applies, provided that the requirements under Section 1 of the Norwegian Consumer Purchase Act are met.
- If you are an entrepreneur, a corporate body under public law or a special fund under public law, the place of jurisdiction for any dispute arising from or in connection with any contract between you and us shall be Berlin.