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Terms of service

General terms and conditions for the offers of food and household items, (as of: 12.09.2020)
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") apply to everyone between us, the company Odins, Elfriede-Kuhr-Str. 26, 12355 Berlin, https://odins-online-shop.de/policies/legal-notice (provider) and our customers concluded contracts that come about on the platform website. In addition to the provisions of these terms and conditions, the statutory provisions apply.
1.2. Deviating, conflicting or supplementary terms and conditions of the customer will only become part of the contract if and to the extent that we have expressly consented to their validity.
2) Conclusion of contract / contract language / storage of contract text
2.1 The presentation or advertising of goods on the online platform / webshop www.odins-online-shop.de represent a binding offer to conclude a contract.
2.2 After completing the contact form, the customer's order is sent to us on the internet platform. In addition, inquiries by telephone and email represent an order if the customer expresses that he wants to purchase services or goods from us. The order represents a legally binding offer to which the customer is bound for seven (7) calendar days. A right of withdrawal is excluded by law (point 3).
2.3 After we have received the order via the contact form, by e-mail or telephone, we will immediately confirm receipt of the order to the customer by e-mail. The order confirmation does not constitute acceptance of the contract offer, unless acceptance is declared at the same time.
2.4 A contract between us and the customer is concluded through a declaration of acceptance by email, the request for payment or through delivery of the goods ordered.
2.5 Only the German language is available to the customer for the conclusion of the contract.
2.6 Before submitting the binding order in the online shop, it is possible to save the text of the contract. We ourselves do not save the text of the contract concluded with the customer. In addition, the customer receives the contractual provisions with information on the ordered goods including these terms and conditions and the cancellation policy by email.
3) Statutory exclusion of the right of withdrawal
In the case of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes as well as for the provision of other services in connection with leisure activities, the customer has no right of revocation because the contract between the provider and the customer provides for a specific date or period for the provision . (Section 312g Paragraph 2 No. 9 BGB).
4) Delivery costs / delivery time / availability
4.1 Deliveries are generally made at the customer's expense, unless otherwise agreed. You can find an overview of the shipping costs under "Shipping".
4.2 The delivery time is approximately [7] working days unless a different delivery time is specified on our online platform or other advertising media or something else has been agreed. The delivery time begins with the conclusion of the contract.
4.3 If the service or goods are not available at the time of the order, we will inform the customer immediately. If the product is permanently unavailable, we will not accept the customer's contract offer, so that a contract will not be concluded. If the service or goods are only temporarily unavailable, we will notify the customer immediately.
5) Prices and payment methods
5.1 The purchase prices in our online shop are gross prices including the statutory sales tax plus any shipping costs https://odins-online-shop.de/policies/shipping-policy. The total price including sales tax and shipping costs is shown to the customer on the order overview page before placing the order.
5.2 The purchase price is due when the purchase contract is concluded.
5.3 The following means of payment are available to the customer: credit card, EC card, payment services such as PayPal (if available on the homepage).
5.4 The purchase price and the shipping costs are to be paid at the latest within 2 weeks of receipt of the product and our invoice, unless the purchase price has to be paid upon delivery or by prepayment.
6) Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
7) Warranty
The warranty for material or legal defects is based on the applicable statutory provisions.
8) liability
8.1 We are liable to the customer in accordance with the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, limb and health as well as in the event of willful intent and gross negligence, in the event of fraudulent concealment of a defect or a guarantee we have assumed, as well as in accordance with the Product Liability Act.
8.2 We are also liable in the event of a slightly negligent breach of an essential contractual obligation. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly trusts and may rely. In these cases, however, our liability is limited to the replacement of the foreseeable, contract-typical damage.
8.3 In addition, liability for damages and reimbursement of expenses - for whatever legal reason - is excluded.
8.4 The above provisions also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
9) Applicable law and place of jurisdiction
9.1 The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country remains unaffected by the choice of law.
9.2 The customer can only sue the provider at his seat.
9.3 The customer's place of residence is decisive for actions brought by the provider against the customer. For lawsuits against customers who are merchants, legal entities under public or private law or persons who have their domicile or habitual abode abroad or whose domicile or habitual abode is not known at the time the action is brought, the place of jurisdiction is agreed to be the registered office of the provider .
9.4 For customers who are not citizens of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer and the provider. Such customers can only sue the provider at its registered office.
10) Dispute Resolution
10.1 The European Commission provides a platform for online dispute resolution. You can find this under https://ec.europa.eu/consumers/odr/.
10.2 We are neither willing nor obliged to participate in a dispute settlement procedure.
11) Third-party shipping / dropshipping and order processing
11.1 The customer agrees that for order processing, his contact details are forwarded to the supplier / manufacturer for processing in the course of dropshipping.
11.5 Data protection and data processing
The collection, processing and use of personal data of the customer takes place exclusively to the extent necessary for the establishment, design or change of the contractual relationship in an automated process in compliance with the statutory data protection regulations by the provider. The provider is entitled to transmit this data to third parties commissioned with the execution of the order, insofar as this is necessary to fulfill the contract.
11.6 Final provisions
Should any provision of these general terms and conditions be or become invalid, this shall not affect the validity of the rest of the contract.
Or alternatively to 11.5
14) Notes on data processing
14.1 The provider collects customer data in the course of processing contracts. He particularly observes the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for use and billing.
14.2 Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes. This does not apply to the use of the e-mail address given when ordering for information on similar goods or services. Use for these purposes can be contradicted at any time, for example by e-mail to Info@odins-online-shop.de
14.3 The customer has the option at any time to receive information free of charge about the personal data stored about him by the provider. In addition, the customer can request the correction of incorrect data as well as the blocking and deletion of his personal data, as long as there is no statutory retention requirement.
(4) In addition, with regard to the customer's consent and further information on data processing, reference is made to the data protection declaration, which can be called up in printable form on the provider's website at any time using the "Data protection" button.
15) Final provisions
The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. To the extent that this would represent unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.
Berlin, September 2020

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