General Terms and Conditions (GTC) of ONTREND UG for Online Sales
1. Scope and Contracting Parties
(1) ONTREND UG, Bahnhofstr. 35, Eching, 85386, Germany ("ONTREND", the "Seller", or "we") sells the products offered in the online shop at www.onttrend.de ("Online Shop") in accordance with the following General Terms and Conditions ("GTC"). These GTC apply to all contracts concluded via the Online Shop between ONTREND and any customer who is at least 18 years old. The GTC apply regardless of whether the customer is a consumer or a business.
(2) All agreements between you and us related to the purchase contract are based in particular on these GTC, our written order confirmation, and our declaration of acceptance.
(3) The version of the GTC valid at the time the contract is concluded shall apply.
(4) Deviating terms and conditions from the customer are not accepted unless we have expressly agreed to them in writing. This also applies if we do not explicitly object to their inclusion.
2. Conclusion of Contract and Order Process
(1) The offers presented by ONTREND in the Online Shop are non-binding and subject to change.
(2) Before placing an order, you may log into your user account or create one. To register, personal data must be provided. Your email address serves as your username. If an invalid email address is provided, we reserve the right to block the account. You are required to choose a secure password and keep it confidential.
(3) Before submitting your order, all selected products, the total price including VAT, any applicable shipping costs, and selected additional services will be displayed for review. You may identify and correct input errors before completing your order. The contract terms, including these GTC, can be viewed and saved in a reproducible format prior to contract conclusion.
(4) By clicking the “Buy Now” button, you submit a binding offer to enter into a purchase contract. ONTREND reserves the right to accept or reject this offer.
(5) Immediately after submitting your order, you will receive an email confirming receipt. This confirmation does not yet constitute acceptance. If the product ordered is unavailable, we will inform you and reject your order. No contract is formed in this case. A purchase contract is only concluded when we accept your order via a shipping confirmation or by dispatching the goods within fourteen (14) calendar days.
3. Delivery
(1) Delivery times and deadlines are stated in the order process and begin upon receipt of payment. Stated delivery times are non-binding unless a fixed delivery date has been expressly agreed.
(2) For orders involving multiple products, different delivery times may apply to individual items.
(3) The seller reserves the right to sell items marked as "in stock" to others if prepayment is not received within five (5) business days.
4. Prices, Payment Terms, Offsetting
(1) Prices are based on the amounts stated in the Online Shop at the time of the order, in euros including statutory VAT and applicable shipping costs.
(2) Payments may be made using the payment methods offered in the Online Shop. Additional terms from third-party payment providers may apply.
(3) The purchase price is due immediately upon conclusion of the contract.
(4) Delivery is generally made only against advance payment unless explicitly agreed otherwise.
(5) Offsetting is permitted only with undisputed or legally established counterclaims.
5. Retention of Title
(1) Delivered goods remain the property of ONTREND until full payment is received.
(2) Resale of goods in the ordinary course of business is permitted until full payment. Pledging or assigning goods as security is not permitted.
(3) In the event of resale, the customer hereby assigns any resulting claims to the seller.
(4) If third parties access the goods subject to retention of title (e.g., seizure), the customer must inform them of ONTREND’s ownership and notify us immediately.
(5) The seller is obligated to release securities upon request, provided their value exceeds the secured claims by more than 10%.
(6) In the event of withdrawal from the contract, ONTREND is entitled to demand the return of the goods.
6. Right of Withdrawal for Consumers
(1) If you are a consumer, you have the statutory right of withdrawal in accordance with § 355 of the German Civil Code (BGB).
(2) The customer bears the cost of return shipping.
(3) The right of withdrawal does not apply to sealed goods that are not suitable for return for health or hygiene reasons once the seal has been removed.
(4) Specific details and a model withdrawal form can be found in Annex 1 of these GTC.
7. Product Characteristics and Warranty
(1) Product descriptions in the Online Shop represent the agreed characteristics of the goods. Commercially acceptable deviations are allowed if they do not impair usability.
(2) A product guarantee only applies if explicitly stated as such.
8. Rights in Case of Defects and Duty of Inspection for Businesses
(1) Statutory warranty rights apply. For claims for damages, Section 9 applies.
(2) The statutory warranty period for consumers is 24 months.
(3) Businesses must report obvious defects within five (5) business days, otherwise warranty claims are excluded.
9. Liability
(1) ONTREND is liable without limitation for intent, gross negligence, and damages resulting from injury to life, body, or health.
(2) For slight negligence, we are only liable for breaches of essential contractual obligations and only for foreseeable, typical damages.
(3) Liability for indirect damages (e.g., loss of profits) is excluded to the extent permitted by law.
(4) Statutory mandatory provisions (e.g., Product Liability Act) remain unaffected.
10. Data Protection
(1) Personal data is processed in accordance with the GDPR. For more information, see our [Privacy Policy] on the Online Shop.
(2) Data is only shared with third parties where necessary for contract performance or where legally required.
11. Final Provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international conflict-of-law rules.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Freising.
(3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall not be affected.