General terms and conditions
§1 Scope of Cover, Contract Language
(1) These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded through this online shop with us,
Represented by the company directors Bernhard Mott, Christian Hörl, Oliver Schweitzer
Entered in the Commercial Register of the District Court of Nuremberg and under the number HRB 38092
09122 – 982060
(2) The language used for the conclusion of contracts is exclusively German. Translations of these terms and conditions into other languages serve solely for information purposes. In the event of possible discrepancies between the translation of these terms and conditions and the original version, the German version shall prevail.
§2 Applicable Law, Mandatory Consumer Protection Legislation
(1) These terms are subject to the laws of the Federal Republic of Germany, under the United Nations Convention on Contracts for the International Sale of Goods, if
i) Your regular place of residence is Germany, or
ii) Your regular place of residence is in a country that is not a European Union member state.
(2) In the event that your regular place of residence is in a European Union member state, German law shall also apply, whereby mandatory provisions of the state that is your regular place of residence shall remain unaffected.
§3 Formation of the Contract
(1) The display of goods in our online shop does not represent a legally-binding offering, but rather, is an incitement to place an order (invitatio ad offerendum). The person placing the order must be older than 18 years of age. We follow all regulations for youth protection. A youth protection officer has been appointed. Imprint
(2) By clicking on the “Confirm order” button in the last step of the order process, you are confirming that you will be entering into a legally-binding offer to purchase or pay for the goods and/or services displayed in your order summary. Immediately after submitting the order, you will receive an order confirmation which does not, however, signify that your contract offer has been accepted. A contract between you and us is formed as soon as we have accepted your order and/or payment through a separate e-mail or once we have submitted the items for shipping. Please check your spam folder regularly.
(3) If it is not possible to deliver the goods you have ordered, for example, because the item is not in stock, we will not send you an order confirmation. In this case, a contract will not be formed. We will inform you of this immediately and immediately reimburse you for all payments related to this order.
§4 Technical Steps Leading to the Conclusion of the Contract and Corrections to Entry Errors
As part of the order process, you will first place the desired items in your shopping cart. You can change the number of items in your cart or remove the selected items from your cart at any time. Provided you have placed an item or items in your cart, you will first, after clicking the “Continue” button, reach the page where you will be required to enter your data, after which you will be able to select the mode of shipment and payment. An order summary page will then open and you will be able to verify your information. You can correct any entry errors (for example, mode of payment, personal information or desired quantity) by clicking on “Change” beside the field in question. If you would like to cancel the order process, simply close the browser window. Otherwise, after clicking the “Confirm order” button, your declaration will become binding, as per the provisions under § 3(2) of the GTC.
§5 Storage of the Agreement
The contractual provisions, including information on the items ordered, in addition to these General terms and Conditions and the Cancellation Policy, will be sent to you via e-mail on acceptance of the contract offer or upon notification hereof. We do not save the contractual provisions.
§6 Registration in our Online Store; Processing Your Personal Data
You can order goods in our online store as a guest or as a registered user. As a registered user, you do not need to provide your personal data each time; rather, when placing an order, you can simply log in with your e-mail address, using the password you selected for your user account when you registered. Registration does not mean that you are under obligation to purchase the goods that we offer. For information on the processing of your data, please read our data protection information, which you can access by clicking on the following link https://www.dolloro.com/Privacy-Policy/. When you register, you will be asked to select a personal username and a password.
§7 Conditions of Payment
The purchase price is due as soon as you place your order. Payment of the items ordered is via credit card (we use “SSL” transfer technology to encrypt your personal data and accept VISA / American Express), PayPal, or e transfer.
§8 Reservation of Title, Offset and Rights of Retention
(1) The goods remain our property until they have been paid in full.
(2) You do not reserve the right to offset any claims unless your counter-claims are legally valid or undisputed. You also reserve the right to offset claims if you assert a claim for a notification of defects or counter-claims against this same purchase contract.
(3) As the purchaser, you may only exercise rights of retention if your counter-claim stems from this same purchase contract.
§9 Delivery Conditions
(1) We reserve the right to make partial deliveries, insofar as this is reasonable to you.
(2) Picking up the items in person at Mainbachstraße 7a, 91126 Kammerstein-Haag, is only possible on request.
§10 The delivery period depends on the product and can be found on the respective product detail page. It begins – as per the statements under item (4) – on conclusion of the contract.
(3) For orders placed by clients whose place of residence or business is outside of Germany, or if there are substantiated indications of a risk of payment default, we reserve the right to not deliver until we have received the purchase price, plus shipping costs (prepayment right), in full. Should we decide that we require prepayment, we will inform you immediately. In this case, the agreed-upon delivery period begins on payment of the purchase price and the shipping costs.
§11 Prices and Shipping Costs
(1) All prices listed in our online shop are in euros and are the gross price, including the legally-applicable value-added tax. This does not include applicable shipping costs.
(2) Shipping costs are as follows:
Shipping within Germany
|Express Shipping (GER)
||All other products
|Regular Shipping (GER)
||All other products
||All other products
Orders containing sex dolls combined with other products will be shipped for free.
The price, including value-added tax and applicable shipping costs, is also displayed in the order window in euros, before you submit the order.
(3) If we send your order § 9(1) in partial shipments, you will only pay shipping on the first partial shipment. If you specifically request partial shipments, you will be invoiced for each partial shipment.
(4) Special regulations for deliveries to addresses outside of Germany
We reserve the right to refuse to deliver certain products outside of Germany or to certain regions outside of Germany. We will inform you of possible restrictions in the detailed description of the item or during the ordering process, once you have entered your delivery address.
If you submit an order for delivery to a country outside of Germany, you may have to pay import customs duties and taxes, depending on the destination country. You shall bear all additional costs for this type of delivery. For more information on fees related to the country to which you are having the goods sent, we recommend contacting the local customs authorities.
Please note that for products sent to different countries, the directions, instructions for use and safety guidelines may not be available for your country, or the products may not comply with the standards, specifications or labeling requirements for that country. For example, in the case of electrical products, an adapter or converter may be required.
§12 Right of Revocation
As a user, you reserve the right of revocation, in accordance with the following provisions. The user is any actual person who concludes a legal transaction for purposes that can neither be ascribed primarily to their commercial activities nor to their self-employed business activities.
The right of revocation does not apply to contracts for the delivery of
RIGHT OF REVOCATION
You reserve the right to revoke your contract within fourteen days without grounds.
The right of revocation is valid for fourteen days, from the day on which you or your appointed third party, who is not the carrier, took the goods into your/their possession
To assert your right of revocation, you must clearly inform us, in writing (via a letter sent by mail, a fax, or an e-mail), of your decision to revoke this contract, to: OBC GmbH, Mainbachstraße 7a, 91126 Kammerstein-Haag, 09122 982060, [email protected]
You can use the right of revocation template included below, if desired.
The timely sending of the revocation shall be deemed sufficient for compliance with the revocation terms.
CONSEQUENCES OF REVOCATION
If you are revoking this contract, we must immediately reimburse you for all payments received from you, including delivery costs (with the exception of additional costs arising if you selected a delivery type that is different from the most cost-effective standard delivery offered by us), at the latest within fourteen days from the date on which we received your letter of revocation of the contract. For this reimbursement we will use the same payment method that you used for the original transaction, unless something different was expressly arranged with you; in no case shall you be charged a fee for this reimbursement.
If you send the goods back to us, we request that you use the original packaging, provided you still have it.
We reserve the right to refuse to reimburse you until we have received the goods you are returning or until you can provide us with proof that you have returned the goods, whichever comes first.
You must return the goods immediately, and in any case at the latest within 14 days from the date on which you informed us of your intention to revoke this contract, to the following address: OBC GmbH, Mainbachstraße 7a, 91126 Kammerstein-Haag. The deadline is met if you send back the goods before the period of 14 days has expired.
You shall bear the direct costs related to returning the goods.
You are only responsible for a possible loss of value of the goods if this loss of value is due to unnecessary actions on your part to check the conditions, properties and operation of the goods.
End of Cancellation Policy
i) sealed goods that are not deemed returnable for reasons of health or hygiene protection, if the protective seal was removed after delivery, and
ii) goods that were produced according to the client’s specifications or that are clearly customized to the client’s personal requirements.
§13 Warranty for the purchase of goods
(1) If goods purchased in and delivered through our online shop are defective, you reserve the right to, under the legal provisions, request rectification, withdraw from the contract, or request a reduced purchase price.
(2) The defect warranty period for claims for the delivered goods consists of two years from receipt of the goods. Claims for defects that we have maliciously concealed lapse within the regular defect warranty period.
(3) Furthermore, you also have rights relating to defects under a quality and/or durability guarantee, insofar as we have expressly issued the same with respect to the purchased item on a case-by-case basis.
§14 Liability disclaimer
(1) We shall be held liable for criminal intent and gross negligence. Furthermore, we shall be held liable for negligence in breaching contractual duties the fulfillment of which enables the proper execution of the contract in the first place, the negligence of which jeopardizes the fulfillment of the purpose of the contract, and on the compliance of which you, the client, regularly trust and may trust. In the aforementioned case, however, we shall only be held liable for foreseeable damage in the accepted contract form. This also applies to breaches of duty performed by our subcontractors.
(2) The aforementioned liability exclusions do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain unaffected.
§15 Place of jurisdiction; online dispute resolution and alternate dispute settlements; severability clause
(1) Insofar as your place of residence or regular place of residence was in Germany when the contract was concluded, and you either moved outside of Germany at the time we file a suit or your regular place of residence was unknown at this time, the place of jurisdiction for all disputes shall Kammerstein-Haag, the location of our company headquarters.
(2) The European Commission has provided a platform for online dispute resolution, which can be accessed under: https://ec.europa.eu/consumers/odr/
Our email address is: [email protected]
(3) We are under no obligation to nor are we prepared to participate in dispute resolution proceedings under the German Consumer Dispute Resolution Act.
(4) Should any provisions of this contract be ineffective, the validity of the remainder of this contract shall not be affected.
You can find a sample revocation template under the following link: Sample revocation template