Terms of service

You are a dealer? Here are your valid terms and condition.

General Terms and Conditions of the company ORTLIEB Sportartikel GmbH, Rainstraße 6, 91560 Heilsbronn, hereinafter referred to as the Seller.

§1 GENERAL AND DEFINITIONS

(1) The following General Terms and Conditions (GTC) shall apply to all contracts, deliveries and other services in the business relationship between the Seller and the Customer in the version valid at the time of the order.

(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). Entrepreneurs in the sense of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the exercise of their commercial or independent professional activity (§ 14 BGB). Customers within the meaning of the Terms and Conditions are exclusively consumers.

(3) Individual contractual agreements shall take precedence over these GTC. Deviating, conflicting or supplementary GTC shall not become part of the contract unless their validity is expressly agreed to in text form.

§2 CONCLUSION OF CONTRACT

(1) The presentation of the goods on the website of the Seller is subject to change and non-binding. It does not constitute an offer in the legal sense, but merely an invitation to the Customer to make an offer in the legal sense.

(2) The order by the Customer can be placed via the Seller's website. The Customer's order constitutes a binding offer to conclude a purchase contract for the ordered good(s). The Seller will immediately confirm receipt of the Customer's order by e-mail, which, however, does not yet lead to the conclusion of the contract. Before sending the order, the Customer has the possibility to check the information in the order overview again, to change it (also via the "back" function of the Internet browser) or to cancel the order.

(3) A contract is only concluded by the Seller's order confirmation in text form or tacitly by the execution of the order. The Seller will declare acceptance either by sending an order confirmation or by executing the order within five working days from receipt of the Customer's order. If the delivery of the goods ordered by the Customer is not possible, for example because the corresponding goods are not in stock, no order confirmation will be sent. In this case, a contract is not concluded. The Seller shall inform the Customer of this without delay and shall also refund any consideration already received without delay.

(4) If the Customer orders the goods electronically, the text of the contract (in particular the General Terms and Conditions as well as the Cancellation Policy with the model cancellation form) shall be sent to the Customer by e-mail. The contract text is not stored by the Seller.

(5) The Customer agrees that the invoice will be sent electronically to the e-mail address provided by the Customer when placing the order.

§3 RESERVATION OF OWNERSHIP

(1) The Seller retains ownership of the goods until full payment of the purchase price.

(2) In the event that the Customer acts in breach of contract, in particular in the event of default in payment, in the event that the Customer provides false information regarding its creditworthiness or if an application is made to open insolvency proceedings, the Seller shall be entitled - if necessary after setting a deadline - to withdraw from the contract and to demand the return of the goods, provided that the Customer has not yet provided the consideration or has not provided it in full.

§4 PAYMENT OPTIONS

(1) The Customer can choose from various payment methods for payment, whereby a common and free payment method is always offered. The Seller reserves the right to exclude individual payment methods. The specific payment methods available result solely from the selection options on our website during the ordering process.

(2) Further information on prices and delivery are listed in the Customer information.

§5 LEGAL RIGHT OF REVOCATION

(1) Information on the statutory right of withdrawal can be found here.

(2) Other non-binding information on the return:

a) The Customer is requested to avoid damage and contamination and to return the goods to the Seller, if possible, in the original packaging with all accessories and with all packaging components. If necessary, a protective outer packaging should be used. If the original packaging is no longer available, suitable packaging must be used to provide adequate protection against transport damage in order to avoid claims for damages due to inadequate packaging.

b) For the return the Customer can use the provided online form.

c) The modalities mentioned in paragraphs a) and b) are not a prerequisite for the effective exercise of the right of withdrawal.

§6 WARRANTY AND GUARANTEE

(1) The Customer is entitled to a statutory warranty right.

(2) The Seller grants a 5-year warranty in addition to the statutory warranty claim. The warranty conditions can be found here.

§7 LIABILITY

(1) The liability of the Seller, its legal representatives and vicarious agents for damages shall be limited to intent and gross negligence. This shall not apply to liability due to injury to life, limb and health, in the event of fraudulent intent, in the event of the assumption of a guarantee, breaches of cardinal obligations and due to the Product Liability Act. For the purposes of these terms and conditions, cardinal obligations shall be deemed to be those obligations which make the proper performance of the contract possible in the first place and on the performance of which the Customer therefore relies and may rely.

(2) In the event of liability for the slightly negligent breach of cardinal obligations, the Seller's liability shall be limited to compensation for the foreseeable, typically occurring damage. This shall not apply to liability for injury to life, limb or health, in the event of fraudulent intent, in the event of the assumption of a guarantee or on the basis of the Product Liability Act.

§8 APPLICABLE LAW AND DISPUTE RESOLUTION

(1) The relations between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international private law. The contractual language is German.

(2) The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.

Our e-mail address is: info@ortlieb.com

(3) We always endeavor to resolve any disagreements with the Customer with regard to existing contracts amicably. However, we would like to point out that we are not obliged to participate in any consumer arbitration proceedings (according to VSBG) and unfortunately do not offer our Customers the participation in such proceedings.

§9 SEVERABILITY CLAUSE

Should individual provisions of this contract be invalid, partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid, partially invalid or unenforceable provision, the parties agree to set a provision that comes closest to the meaning and purpose of the invalid, partially invalid or unenforceable provision. If the parties fail to reach such an agreement, the invalid, partially invalid or unenforceable provision shall be replaced, at the parties' option, by the legal provision that comes closest to the meaning and purpose of the invalid, partially invalid or unenforceable provision.

Status: July 2022