(Version: 17.04.2025)
§ 1 Scope
The following General Terms and Conditions (GTC Online Shop - B2C) are definitive and govern the contractual relationship between the Vendor mbo Osswald GmbH & Co KG, Steingasse 13, 97900 Kuelsheim-Steinbach (Tel. +49 (0) 9345/670-0, Fax +49 (0) 9345/6255, info@mbo-osswald.de) and the respective purchaser. The term contractual relationship means any contract concluded by the Vendor via the online shop on the basis of which the Vendor is required to provide deliveries of goods and services to the Purchaser. By placing its order, the Purchaser expressly confirms that it is aware of and accepts the Vendor's present General Terms and Conditions.
Purchasers may only be consumers. A consumer is any natural person that enters into a transaction for a purpose that is not primarily attributable to their commercial or their independent professional activity (§ 13 of the German Civil Code (BGB)).
The Purchaser's own terms and conditions are herewith excluded unless agreed to the contrary in writing between the Vendor and the Purchaser.
§ 2 Object of the contract
The object of the respective contract is the sale of goods by the Vendor to the Purchaser via the Internet portal https://www.mbo-osswald.de/en.
No special wishes and instructions regarding the manufacture of goods in accordance with customer specifications will be accepted.
§ 3 Conclusion of contract, language of the contract, text of the contract
The Purchaser can order goods from the Vendor's online shop. To this end, the Purchaser must first register and create a customer account. The Purchaser can then enter the relevant personal data in the Vendor's online shop and order goods. To do this, the Purchaser first collects goods in the virtual shopping cart and then passes through the automated order process in the Vendor's online shop.
When the order has been completed by the Purchaser, the Vendor sends an automated confirmation of receipt of order to the Purchaser's e-mail address. This recapitulates the order placed by the Purchaser. The confirmation of receipt of order does not represent acceptance of the Purchaser's inquiry as a confirmed purchased contract. The confirmation of receipt of order does not therefore establish a purchase contract. Furthermore, the confirmation of receipt of order does not represent a confirmation that the ordered goods are available for delivery.
A purchase contract is established only when the Vendor sends the Purchaser a confirmation of dispatch by e-mail.
German is available as the language for the conclusion of the contract. The text of the contract is saved by the Vendor and the Purchaser is able to retrieve this and print it via the associated customer account following conclusion of the order process.
§ 4 Technical steps resulting in the conclusion of the contract, detection and correction of incorrect input
The Purchaser must perform the following technical steps:
- After selecting the required products, the Purchaser clicks on “Proceed to checkout” in the displayed shopping cart
- This takes the Purchaser to the page “Payment method & shipping method” where the Purchaser chooses the required method of payment and shipment and then clicks on “Next”.
- This displays an overview in which the Purchaser can specify the invoice and delivery addresses. If the invoice and delivery addresses are not identical then you can add a separate delivery address here and modify the invoice address specified when you registered and which is stored with your account.
- All the selected items are then displayed in an overview. In this view, it is possible to modify the contents of the shopping cart.
- The Purchaser concludes the operation by clicking on the “Buy now” button
The Purchaser can change the specified purchases using the usual mouse and keyboard functions and the “Change” links on the order overview page. The Purchaser can also correct the order by clicking on the “Back” button in the Web browser or can navigate back to the individual steps involved in the order by clicking on the order steps displayed at the top of the online shop.
§ 5 Execution of the contract, shipment costs, delivery
All prices are specified as gross prices in euros plus any applicable packaging and shipping costs.
The Purchaser can consult the applicable shipping costs, which are borne by the Purchaser as of the Vendor's premises, in the shipping cost table that is accessible via a link, as well as in the price breakdown displayed in the virtual shopping cart.
The Vendor undertakes to send the goods to the Purchaser by post and without delay following conclusion of the purchase contract and payment of the full purchase price.
At the Purchaser's request, the Vendor is entitled, but not obliged, to insure the goods at the Purchaser's expense.
As of receipt of the confirmation of dispatch, the delivery period is up to 3 working days in the case of shipments within Germany. The Vendor will indicate any other delivery periods (for example in the case of overseas shipments) under the “Shipping costs” link in the online shop.
If it is not possible to deliver an ordered item because the Vendor has, through no fault of its own and despite the supplier's contractual obligations, not been supplied by its supplier then it is entitled to withdraw from the contract. In this case, the Vendor will immediately inform the Purchaser without delay that the ordered goods are no longer available and reimburse any amounts that have already been paid.
The Purchaser is requested, on delivery or after receipt, to inspect the goods for visible transport damage and, if applicable, missing parts and in particular to notify the Vendor of clearly recognisable transport damage. In addition, the Purchaser is requested to ask the transport company for confirmation of any damage to the packaging of the goods and to send this confirmation to the Vendor. The Purchaser's statutory guarantee rights are fully unaffected by this.
If the Vendor or its suppliers are unable to respect agreed deadlines due to temporary impediments to performance for which they are not responsible, such as, for example, force majeure, industrial disputes, natural disasters, shortages of energy or raw materials or insurmountable traffic disruption, then the period will be extended by the duration of the temporary impediment to performance and the Vendor will notify the Purchaser without delay in such cases. In addition, this contract and any deliveries hereunder are subject to the fulfilment and/or feasibility of the Vendor’s documentation obligations under worldwide customs regulations, as well as the condition that neither this contract nor the deliveries hereunder are adversely affected by the imposition of worldwide customs surcharges.
Note for consumers in accordance with applicable packaging legislation
In compliance with packaging legislation, the seller is required to take back non-system-relevant packaging as defined in § 15 paragraph 1 sentence 1 of the German Packaging Act and to ensure its re-use or recycling in order to increase the amount of packaging returned and help minimise the quantities of packaging material generated.
This covers the following packaging types:
- Transport packaging (transport packaging is packaging which simplifies the transportation of goods in a way that avoids direct contact with them and prevents transport damage. Such packaging is not typically intended to be passed on to the consumer)
- Sales and outer packaging which does not typically arise as packaging waste for consumers
- Sales and outer packaging which cannot be considered as system-relevant for the purposes of recycling due to pollutant-related and/or health risk
- Sales packaging containing hazardous goods
- Reusable packaging (reusable packaging is packaging that has been designed and is intended to be reused a number of times for the same purpose following its initial use and whose actual return and re-use is made possible by an adequate logistical solution as well as by suitable incentive systems, as part of which a deposit is generally demanded)
The seller is consequently obliged to take such packaging back free of charge at the location where it is actually handed over or in the immediate vicinity thereof. If this is not possible, the purchaser has the possibility of sending the packaging back to the seller. The seller will then arrange for the recycling of the packaging.
In accordance with § 12 paragraph 1 of the German Packaging Act, the legal provisions of packaging legislation do not apply to packaging that is handed over to private consumers outside of Germany.
Further information and contact details in the event of queries can be found under Notes on packaging legislation.
§ 6 Invoicing
Purchasers will be invoiced electronically unless agreed otherwise with the purchaser. Invoices will be sent by e-mail.
§ 7 Right of revocation and legal consequences of the decision to exercise the right of revocation
Consumers possess a right of revocation in accordance with legal provisions. Further information on the right of revocation can be found in the Vendor's revocation policy.
§ 8 Liability
The Vendor has unlimited liability for loss or damage caused with malicious intent or due to gross negligence, for the fraudulent concealment of defects, the acceptance of warranted properties, claims resulting from product liability legislation as well as in the event of loss of life, physical injury or impairment to health.
The Vendor is not liable for any other loss or damage caused as a result of minor negligence on the part of the Vendor, a legal representative or vicarious agent. In the event of the violation of important contractual obligations whose correct discharge is essential for the execution of the present contract and on the respect for which the Purchaser should be able to rely (cardinal obligation), the Vendor's liability is limited to compensation in respect of loss or damage that is typical of the contract and foreseeable, provided that this is attributable to minor negligence.
The above provisions apply to all claims for loss or damage, in particular when compensation is claimed in addition to performance or when compensation is claimed instead of performance, irrespective of the legal basis and in particular due to defects, the violation of obligations resulting from the contractual relationship and claims based on tort.
The legal provisions under which the Vendor is liable for certain activities or omissions even in the absence of negligence are unaffected by the above exclusions and limitations of liability.
§ 9 Warranty
The Vendor's liability in respect of defective goods is set out in the statutory provisions of German commercial legislation (§§ 434 onwards of the German Civil Code (BGB)). However, in the case of contracts relating to digital products as set out in § 327 paragraph 2 of the German Civil Code (BGB), the provisions relating to contracts for digital products apply (§§ 327 onwards German Civil Code (BGB)).
§ 10 Payment conditions, arrears and retention of title
The purchase price is due immediately on conclusion of the purchase contract. The Purchaser may decide to pay in advance/by credit transfer, by credit card or via PayPal.
The Purchaser shall be in arrears 30 days after the invoice becomes due for payment if it has been informed of this in the invoice or request for payment. If the Purchaser fails to make payment by the due date then interest will be charged on the purchase price at 5% points above the basic interest rate during the period of arrears. The Vendor reserves the right to prove a higher level of loss or damage resulting from the arrears and assert a corresponding claim against the Purchaser.
The delivered goods shall remain the property of the Vendor until paid for in full.
§ 11 Data protection
The purchaser is informed that its personal data required for the handling of the contract and purchase order will be stored on data media and processed. Transfer to the payment service provider PayPal is also performed exclusively for the above purpose of handling of the contract and purchase order. It is expressly stated that data is not transferred to third-parties for any other purpose (e.g. advertising).
Purchasers can find further details, including on their rights as data subjects, in the Vendor's data protection declaration.
§ 12 Concluding provisions
German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, is exclusively applicable to the present General Terms and Conditions and the associated concluded purchase contract. This applies only insofar as the protection afforded is not withdrawn due to mandatory provisions under the legislation of the country in which the consumer is regularly resident.
If one or more clauses of these General Terms and Conditions should become fully or partially ineffective then this shall not affect the validity of the remaining provisions.
§ 13 Information on the EU Commission's online dispute resolution portal, alternative dispute resolution
The EU commission provides an online portal for the resolution of disputes (“OS platform”) which can be accessed via the link //ec.europa.eu/consumers/odr. It is possible to use this platform for the extrajudicial resolution of disputes relating to contractual obligations resulting from online purchase contracts.
The Vendor is neither obliged nor prepared to participate in a dispute resolution process before a consumer arbitration body.