Terms & Conditions
General terms and conditions
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") apply to everything between a customer (hereinafter "you") and us, OH MALOU, Sophia Füsslin, Weimarstrasse 29, 70176 Stuttgart (hereinafter "OH MALOU", "us" or "we" ) contracts concluded via our online shop at www.ohmalou.com (hereinafter "online shop"). Conflicting or deviating terms and conditions of the customer do not apply, all terms and conditions of the customer are hereby contradicted.
1.2 Our product offers in the online shop are only aimed at consumers in Germany and Austria. For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes the contract for a purpose that can be attributed neither to their commercial nor their self-employed professional activity (§ 13 BGB), but their private life.
2. Conclusion of contract
2.1 The offers in our online shop are non-binding and are only intended to provide you with information about our products before you place your order with us. You can select products from the range of our online shop and then place them in your shopping cart without obligation by clicking the "Add to shopping cart" button.
2.2 It may happen that individual products that are listed in our online shop are not available at certain times (hereinafter "sold out"). Along with other information about the lo product, we will also inform you about its availability in the online shop. If the product you have selected is not currently available, you cannot add it to the shopping cart.
2.3 All products shown in our online shop are only sold in normal household quantities.
2.4 You can view your shopping cart at any time by clicking the "Shopping Cart" icon and, if necessary, remove products from the shopping cart by clicking the "Remove" button or correct the number of items you have selected by entering them in the "Quantity" field . If you want to buy the products in the shopping cart, you must click on the "Check out" button. By clicking the "Buy now" button in our online shop, you submit an offer to conclude a purchase contract for the goods in your shopping cart. In order to be able to submit your offer and to be able to click "Buy now", you must first click on the following fields : "With your order you agree to our general terms and conditions, cancellation policy and data protection policy."
2.5 You must ensure that the email address you provide is correct so that you can securely receive our order confirmation. In particular, when using SPAM filters, you must ensure that all emails sent by us can be delivered properly.
2.6 After receiving your order, we will send you a confirmation of receipt of your order (hereinafter "order confirmation") by email , in which your order is summarized as such and the terms and conditions and the right of withdrawal are attached. You can also print this out.
2.7 We will place the invoice in your order when we ship it to you.
3. Contract language, contract text storage
3.1 The language available for the conclusion of the contract is German and English. We save the text of the contract and send you the order data by e-mail.
4. Prices, Delivery and Shipping Costs
4.1 Due to the small business status according to § 19 UStG, we do not charge sales tax on our products and therefore do not report them. All prices are total prices plus delivery and shipping costs.
The standard shipping costs are €4.90. From a goods value of €50.00, delivery in Germany is free. For EU: 10,00 €.
4.2 You will be informed of the final price including shipping costs in the checkout area of our online shop before you decide to place an order.
4.3 We send all orders insured, which means you can track the shipment. After we have shipped your order, you will receive an automatic email with the tracking number.
5. Payment Methods
The following payment methods are available in our shop:
If you have chosen PayPal as the payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.
If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder and your card will be debited. You will receive further information during the ordering process.
6. Delivery of your order
6.1 If you buy several products as part of an order in our online shop, you will receive all products as part of one delivery and only when you have paid the purchase price for all products.
6.2 If no specific delivery time is specified in our online shop or different delivery times are specified for different products you have ordered, our delivery time is generally 2-5 working days within Germany and 2-8 working days to EU.
6.3 As soon as your shipment is transported by us to our logistics partner, you will receive a message from us. You will then also receive a tracking number so that you can track your order.
7. Right of Withdrawal
7.1 Cancellation Policy
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us (Sophia Füsslin, OH MALOU, Weimarstrasse 29, 70176 Stuttgart, Germany, contact[at]ohmalou.com) a clear statement (e.g. a letter sent by post or email) about your decision to revoke this contract. You can use the attached model cancellation form for this, but it is not mandatory.
Sample withdrawal form
If you want to revoke the contract, please fill out the form below and send it back to us.
Either by mail to:
or by email to: email@example.com
I hereby revoke the contract I have concluded for the purchase of the following goods:________________________.
Ordered on____________received on ____________.
Place, date Signature (only if notification is on paper)
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
7.2 Consequences of revocation
If you revoke this contract, we have to repay all payments that we have received from you, with the exception of the shipping costs, immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used for the original transaction / order , unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return your order to us immediately and in any event no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send off the order before the period of fourteen days has expired.
You bear the costs of returning order. The most economical option for returning the item is the large letter + registered mail, which also gives you a tracking number. Please keep the receipt.
You only have to pay for any loss in value of the order if this loss in value is due to the handling of the order that is not necessary to establish the nature, characteristics and functioning of the goods.
- End of revocation -
8. Warranty (liability for defects)
8.1 Actual If the purchased item is defective, the statutory liability for defects applies.
Notwithstanding this, the following applies to used goods: Claims for defects are excluded if the defect only occurs one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, reducing the liability period to one year does not apply.
- in the event of injury to life, limb or health
- for claims for damages and reimbursement of expenses by the customer,
- in the event of intentional or grossly negligent breach of duty
- in the event that the seller has fraudulently concealed the defect.
Please send the defective ones Goods returned to us and let us know. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
9.1 We always have unlimited liability for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the case of intentional or grossly negligent breach of duty
• in the case of promises of guarantees, if agreed, or
• as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
10. Information on discount campaigns
Discount campaigns that are issued free of charge by the seller as part of advertising campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "discount codes") can only be redeemed in the seller's online shop and only in the specified period. Only one discount code can be redeemed per order.
Discount codes can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
The discount code will not be refunded if the customer returns the goods paid for in whole or in part with the discount code within the scope of his statutory right of withdrawal.
Discount codes can only be redeemed by consumers.
Individual products can be excluded from the discount campaign if a corresponding restriction results from the content of the discount code.
Only one discount code can be redeemed per order.
11. Dispute Resolution Notice
11.1 The European Commission provides a platform for online dispute resolution, which you can find here: http://ec.europa.eu/consumers/odr/.
We are not willing or obliged to participate in dispute settlement procedures before a consumer arbitration board.