General Terms and Conditions and Customer Information I. General Terms and Conditions § 1 Basic Provisions (1) The following terms and conditions apply to contracts you conclude with us as the provider (OK Living GmbH & Co. KG) via the website www.ok-junior.de. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions that you may use. (2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction. § 2 Conclusion of the Contract (1) The subject matter of the contract is the sale of goods. (2) By simply posting the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description. (3) The contract is concluded via the online shopping cart system as follows: ... (4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partially automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and in particular not prevented by SPAM filters. § 3 Right of Retention, Retention of Title (1) You can only exercise a right of retention to the extent that it concerns claims from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full. (3) If you are an entrepreneur, the following additional provisions apply: ... § 4 Warranty (1) The statutory liability for defects applies. (2) As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. Failure to do so shall have no effect on your statutory warranty claims. (3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed about it by us before giving the contractual declaration and the deviation was expressly and separately agreed between the contracting parties. (4) If you are an entrepreneur, the following deviating warranty regulations apply: ... § 5 Choice of Law, Place of Performance, Jurisdiction (1) German law applies. For consumers, this choice of law only applies insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn. (2) The place of performance for all services arising from the existing business relationship as well as the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual place of residence is not known at the time the action is brought. (3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. II. Customer Information 1. Identity of the Seller OK Living GmbH & Co. KG Upstallstraße 13 14772 Brandenburg Germany Phone: 033812688740 E-Mail: [email protected] Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr. We are willing to participate in dispute resolution procedures before consumer arbitration boards. 2. Information on the Conclusion of the Contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I.). 3. Contract Language, Storage of the Contract Text 3.1. The contract language is German. 3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we have received your order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail. 4. Essential Characteristics of the Goods