Conditions

Table of contents

I. Scope

The following general terms and conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between you as our customer and us via our website.

forty:love GmbH
Managing Director: Maximilian Garrit Frey

Bischofstrasse 80A
47809 Krefeld
Germany

Phone: +49 2151 5354046
Email: info@open-era.de

Register court: District Court of Krefeld
Registration number: HRB18266

II. Conclusion of contract

(1) The presentation and advertising of products on our website does not in itself constitute a binding offer to conclude a contract, but merely an invitation to submit such an offer (application).

(2) You can submit your offer via the online ordering option provided on our website. The General Terms and Conditions become part of the contract if we draw your attention to the General Terms and Conditions when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the General Terms and Conditions.

(3) The contract is concluded via the online ordering option on our website in the following steps:

(a) You can select the products offered on our website and place them in the electronic shopping cart. You can view and change the contents of the shopping cart at any time before submitting the order. You can correct your entries using the usual mouse and keyboard functions and the "Back" function of your Internet browser before completing the order process by clicking on the "Order now and pay" button. You can identify any input errors by carefully reading the information displayed in your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the magnification function ("magnifying glass function") of your Internet browser for this purpose. You can also end the order process at any time by closing the window of your Internet browser.

(b) By submitting an order via the online ordering option on our website by clicking on the button 'Order now and pay', you are placing a legally binding order for the products in your shopping cart. However, this order can only be submitted and transmitted if you have previously accepted these Terms and Conditions by selecting the corresponding checkbox.

(c) We will immediately confirm receipt of your order by email. Your order will be listed again in this email. You can print it out using the "Print" function. This automatic confirmation of receipt merely documents that we have received your order; it does not constitute acceptance of your application unless we expressly declare acceptance in addition to confirming receipt.

(d) You are bound to the order for a period of 7 days after placing the order; your right to cancel your order, if any, remains unaffected.

(e) The contract is only concluded when we have declared acceptance of your application. This declaration is usually made in a separate email (order confirmation).

If you select the payment method 'Amazon Payments', payment processing will be carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590 . If you select "Amazon Payments" as your payment method during the online ordering process, you are also issuing a payment order to Amazon by clicking the button that completes the ordering process. In this case, we hereby declare that we accept your offer at the time you initiate the payment process by clicking the button that completes the ordering process.

(4) In our email confirming receipt or order or in a separate email, but no later than upon delivery of the goods, we will send you the contract text on a permanent data medium, for example as an email or paper printout (contract confirmation). The contract text consists of your order, our general terms and conditions and the order confirmation.

(5) The contract text will be stored by us in compliance with data protection regulations. Apart from the above-mentioned sending, we will not make the contract text available to you.

(6) The contract is concluded in German.

(7) If it is not possible to deliver a product you have ordered, we will refrain from accepting the order. In this case, no contract will be concluded. We will inform you of this immediately and will immediately refund any consideration already received.

(8) If you have provided your email address as part of the ordering process or in other inquiries, it is your responsibility to ensure that the email address you have provided exists, is correct and that you can receive emails from us or from third parties commissioned by us to process your order at this email address. Automatic SPAM filters must be configured and monitored accordingly.

(9) You agree to receive an invoice electronically.

(10) All prices stated on our website are total prices including statutory VAT and other price components plus shipping costs.

III. Right of withdrawal

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. a natural person who places an order for a purpose that cannot be attributed primarily to their commercial or independent professional activity, you have a right of cancellation in accordance with the statutory provisions. Further information on the right of cancellation can be found in our cancellation policy.

IV. Delivery conditions

(1) Unless otherwise agreed, delivery will be made to the delivery address you provided.

(2) If you choose PayPal as your payment method, delivery will be made to the delivery address you provided to PayPal at the time of payment.

(3) The delivery period is 14 days, unless otherwise stated in the product description or agreed with you. It begins upon conclusion of the contract.

(4) It is not possible to collect the goods you have ordered yourself.

V. Terms of payment

We offer the following payment methods:

(1) Payment in advance: We offer you payment in advance by bank transfer. If you select this payment method, our claim for payment of the agreed price will become due upon conclusion of the contract, unless otherwise agreed.

(2) Payment by SEPA direct debit: We offer you payment by SEPA direct debit. Our claim to payment of the agreed price becomes due after the SEPA direct debit mandate has been issued, as soon as the period for advance information on making the payment by direct debit, so-called prenotification, has expired. This prenotification is a notification to you announcing a payment by SEPA direct debit and is intended to enable you to prepare for the collection and to ensure that your account is covered at least to the amount of the payment. The collection will only take place when the prenotification period has expired and the goods you have ordered have left our warehouse. In the event that a payment by SEPA direct debit is not possible because the specified account does not have sufficient funds, incorrect bank details were provided or you object to the collection without authorization, you will have to bear the fees that arise from a chargeback by the relevant credit institution in the event of a liability.

(3) Payment processing via the payment service provider PayPal: We offer you the following options for payment processing via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”):

PayPal or PayPal Express: If you select this payment method, you will be redirected to the PayPal website during the ordering process. In order to make the payment, you must register there or log in with your access data. PayPal's terms of use apply, which can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full . Once you have authenticated yourself there with your access data, you must confirm the payment instruction to us. We will ask PayPal to initiate the payment transaction after you have placed your order.

For payment processing via PayPal, the PayPal General Terms and Conditions https://www.paypal.com/de/webapps/mpp/ua/legalhub-full , the PayPal Terms of Use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and the provisions for 'Payments without a PayPal account' https://www.paypal.com/de/webapps/mpp/ua/privacywax-full also apply.

(4) Payment processing via the payment service provider SOFORT: We offer you payment processing via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). If you use payment processing via SOFORT, you must have an online banking account that is activated for this form of payment processing. After submitting your order, you will be redirected to a SOFORT website. There you must identify yourself and give SOFORT the order to make the payment via your online banking account using PIN/TAN. The payment transaction is initiated and your online banking account is debited immediately after the "SOFORT" order is placed. Further information on this payment method and payment processing by "SOFORT" can be found on the following website https://www.klarna.com/sofort/

(5) Payment processing via the payment service provider Amazon Payments: We offer you payment processing via the payment service provider Amazon Payments Europe SCA, 38 avenue JF Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon Payments"). To pay via Amazon Payments, you must have an Amazon user account. If your order qualifies for payment with Amazon Payments, you have the option of selecting payment with Amazon Payments during the ordering process. After selecting this payment method, you will be asked to identify yourself with the access data for your Amazon user account. You can then use the payment methods stored in your Amazon user account, such as direct debit or credit card. When paying by credit card, you will provide Amazon with your credit card details, unless you have already provided them. This authorizes Amazon to debit the full invoice amount, including any delivery and shipping costs, from the relevant credit card account when it is due. The debit will be made with the order confirmation. When paying by direct debit, you will provide Amazon with your IBAN and BIC number, unless you have already provided them. Amazon will debit the invoice amount from the specified account after the invoice has been issued. If a payment cannot be collected via SEPA direct debit because the specified account does not have sufficient funds, incorrect bank details were provided or you object to the collection without authorization, you will be liable for any fees incurred by the relevant credit institution as a result of a chargeback. You reserve the right to prove that no or only minor damage was caused by the chargeback.

(6) You can change the payment method stored in your user account at any time.

(7) If you wish to have your goods delivered to a country that is not part of the European Union, this may result in additional costs that are not our responsibility and that you will have to bear. These include fees for the transaction of funds abroad through credit institutions, such as transfer or exchange rate fees. In addition, there may be public import-related charges such as taxes or customs duties. We would like to point out that such transaction-related costs may also be incurred regardless of the place of delivery if you make the payment from a country that is not part of the European Union.

VI. Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

VII. Warranty

(1) We are liable for material or legal defects of delivered goods in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).

(2) If you are an entrepreneur, the following provisions apply to contracts for the delivery of goods:

  • For new goods, the limitation period for defects is one year from the date of delivery of the goods.
  • In the case of used goods, rights and claims due to defects are excluded.
  • We as the seller are entitled to choose the type of subsequent performance.
  • Even if a replacement delivery is made within the scope of liability for defects, the limitation period does not begin again.

(3) The above limitations of liability and shortening of time limits shall not apply

  • for claims for damages and reimbursement of expenses
  • if we as the seller have fraudulently concealed the defect
  • for goods which have been used for a building in accordance with their normal use and which have caused its defectiveness
  • for any obligations to provide updates for digital products in contracts for the supply of goods with digital elements.

(4) In addition to claims for material or legal defects, there may be guarantees given by us for certain goods or manufacturer guarantees granted by manufacturers of certain goods. Details on the scope of such guarantees can be found in the respective guarantee declaration.

(5) If goods are delivered to you that show obvious transport damage, we ask you to inform us of this and to complain about the transport damage to the deliverer. However, this will not affect your statutory or contractual warranty rights.

VIII. Special provisions for gift vouchers

(1) We offer you the opportunity to purchase gift vouchers on our website. Unless otherwise agreed, gift vouchers are vouchers that we issue and can only be redeemed on our website. The following regulations apply to gift vouchers.

(2) We will send you gift vouchers purchased from us by post.

(3) Unless otherwise agreed, gift vouchers can only be redeemed in our online shop before the order process is completed. Gift vouchers cannot be redeemed retrospectively. You can redeem multiple gift vouchers in one order.

(4) You cannot use a gift voucher to purchase additional gift vouchers. Gift vouchers can only be redeemed to purchase products.

(5) If the total value of your order exceeds the value of the gift voucher, you can pay the amount not covered by the value of the gift voucher using the payment methods we offer.

(6) Gift vouchers are transferable to third parties and can be redeemed by them. We can make payments to the person who redeems the gift voucher with debt-discharging effect unless we are aware or grossly negligently unaware that this person is not legally competent, not entitled or not authorized to represent.

(7) Unless otherwise agreed, you can redeem a gift voucher until the end of the third year following the year in which the voucher was purchased. Unless otherwise agreed, the above also applies to any remaining balance on a gift voucher that has been credited.

(8) The balance on the gift voucher will not be paid out in cash or interest will be paid on it.

IX. Special provisions for promotional vouchers

(1) We also offer promotional vouchers on our website. Unless otherwise agreed, promotional vouchers are vouchers that we provide to you free of charge in connection with promotional campaigns, that cannot be purchased, that are only valid for a limited period of time and that can only be redeemed on our website. The following rules apply to promotional vouchers.

(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before the order process is completed. Promotional vouchers can no longer be redeemed after the validity period has expired. Promotional vouchers cannot be offset retroactively. You can only redeem one promotional voucher per order.

(3) Unless otherwise stated, you can only redeem promotional vouchers with us as a consumer.

(4) We are entitled to restrict the validity of the promotional vouchers to certain products or to exclude the validity for certain products. Such a restriction arises from the content of the respective promotional voucher.

(5) The total value of your order must be equal to or higher than the stated value of the promotional voucher. Any difference between these values, i.e. any remaining balance, will not be refunded by us.

(6) If you exercise your statutory right of withdrawal and return the goods in question, which you paid for in whole or in part with the promotional voucher, the value of the promotional voucher will not be refunded.

(7) The value of the promotional voucher will not be paid out in cash or interest will be paid on it.

(8) If the total value of your order exceeds the value of the promotional voucher, you can pay the amount not covered by the value of the promotional voucher using the payment methods we offer.

(9) Promotional vouchers are not transferable to third parties and can only be redeemed by the person named on the promotional voucher. We reserve the right to check whether the person named on the promotional voucher is entitled to use the gift voucher; however, we are not obliged to do so.

X. Contract term and termination in the case of continuing obligations

(1) If we provide services within the framework of continuing obligations, you will find information on the contract term and termination in the service description for our service. This also contains the respective termination terms, in particular notice periods.

(2) In all cases, the right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period, taking into account all the circumstances of the individual case and balancing the interests of both parties.

(3) Termination must be in writing. Termination can therefore be made by fax, email or in writing, for example.

XI. Changes to the Terms and Conditions or our services

(1) We reserve the right to change our terms and conditions or our services,

(a) if our terms and conditions or our services have to be adapted to the applicable law, in particular in the event of a change in the law, developments in case law or if we have to comply with a court or administrative decision,

(b) if technical or procedural changes that have no significant impact on you require a change to the Terms and Conditions or our services,

(c) if we offer new or additional services that must be included in the Terms and Conditions and this does not have any detrimental effect on the existing contractual relationship with you, or

(d) if the changes to our Terms and Conditions or our Services are only legally beneficial to you.

(2) Changes will be communicated to you in writing, by fax or by email. If you do not object to these changes within six (6) weeks of receiving the notification, the changes will be deemed to have been accepted by you. You will be informed separately of your right to object and the legal consequences of remaining silent.

(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.

XII. Data protection

For information on the processing of personal data, please refer to our privacy policy.

XIII. Customer Service

If you have any questions, complaints or claims, you can reach us by phone at +4921515354046 or by email at info@open-era.de .

XIV. Consumer Arbitration Board

XV. Online Dispute Resolution

The EU Commission has set up an internet platform for online dispute resolution (ODR platform) between entrepreneurs and consumers. The ODR platform can be reached at https://ec.europa.eu/consumers/odr/

XVI. Applicable law and jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, remain unaffected.

(2) If you, as the customer, are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

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