Terms and Conditions
The company undertakes, in accordance with the Code of the European Down & Feather Association (EDFA), not to source any down or feathers obtained through live plucking – which is prohibited under European law – or through practices constituting cruelty to animals, and to document the traceability of the down and feathers in accordance with the certification requirements of the European Down & Feathers Association (EDFA). Our suppliers are obliged to ensure that only down and feathers from slaughtered animals are supplied and delivered.
§ 1 Scope and Provider
1.1 The following General Terms and Conditions apply to all orders placed by consumers via the online shop www.obb.de operated by OBB Oberbadische Bettfedernfabrik GmbH, Mühlestraße 54, 79539 Lörrach. Obb.de is a certified online shop. Customer service helpline: Mon to Fri 8.00 am – 5.00 pm, Telephone: 07621 15200, Email: info@obb.de
1.2 A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity (Section 13 of the German Civil Code (BGB)).
§ 2 Conclusion of the Contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue and is merely a non-binding invitation to the consumer to order goods. By clicking the ‘Place order’ or ‘Buy’ button at the end of the ordering process, you are placing a binding order for the goods contained in your Cart. Confirmation of receipt of your order, together with acceptance of the order, will be sent immediately after submission via an automated email. The contract of sale is concluded upon receipt of this email confirmation. Our products are sold solely for private use in quantities typical for household use.
2.2 Should our order confirmation contain any clerical or printing errors, or should our quotation be based on transmission errors caused by technical issues, we shall be entitled to rescind the contract, in which case we must prove to you that an error has occurred. Any payments already made will be refunded to you without delay.
§ 3 Prices
The prices stated on the product pages include VAT at the statutory rate and other price components, and are inclusive of postage.
§ 4 Delivery charges
We charge EUR 6.90 per order for delivery within Germany. Orders totalling EUR 29.00 or more qualify for free delivery within Germany.
At present, we generally offer free delivery within Germany.
§ 5 Terms of Delivery and Reservation of the Right to Supply Ourselves
5.1 Deliveries within Germany are made via DPD or DHL.
5.2 Unless otherwise stated in the quotation, the delivery time is 5 working days from receipt of payment. If the deadline falls on a Saturday, Sunday or a public holiday at the place of delivery, the deadline shall be extended to the next working day.
5.3 Even in the case of a sale by delivery, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the buyer until the goods have been handed over to him.
5.4 Should not all the products ordered be in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for you.
5.5 Should delivery of the goods fail despite three attempts to deliver them, we may withdraw from the contract. Any payments you have made will be refunded to you without delay.
5.6 If the product ordered is unavailable because our suppliers have failed to supply it to us through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, where appropriate, suggest the delivery of a comparable product. If no comparable product is available, or if you do not wish to receive a comparable product, we will, where applicable, refund any payment you have already made without delay.
§ 6 Terms of Payment
6.1 Payment may be made either in advance, by credit card or via PayPal.
6.2 If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days.
§ 7 Retention of title
The goods remain our property until full payment has been made. Prior to the transfer of ownership, the goods may not be pledged, assigned as security, processed or altered without our consent.
§ 8 Cancellation policy and model cancellation form
Right of withdrawal for consumers
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a ‘consumer’ is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed professional activity.
Cancellation Policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.
To exercise your right of withdrawal, you must notify us
OBB Oberbadische Bettfedernfabrik GmbH
54 Mühlestraße
79539 Lörrach
Email: info@obb.de
Fax: 0049 7621 1520 20
by means of a clear statement (e.g. a letter sent by post, a fax or an email) informing us of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not compulsory.
To comply with the withdrawal period, it is sufficient for you to send notification of your intention to exercise your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will make this refund using the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is deemed to have been met if you post the goods before the end of the fourteen-day period.
You are responsible for the direct costs of returning the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs
- for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery
- for the supply of goods where, due to their nature, they become inseparably mixed with other goods after delivery;
- Contracts for the supply of goods which are liable to deteriorate rapidly or whose use-by date would be exceeded rapidly.
End of the cancellation policy
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Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it.)
To:
OBB Oberbadische Bettfedernfabrik GmbH
54 Mühlestraße
79539 Lörrach
E-Mail:info@obb.de
Fax: 0049 7621 1520 20
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of the consumer(s)
_____________________________________________________
Address of the consumer(s)
_____________________________________________________
Signature of the consumer(s) (only for notifications on paper)
__________________
Date
__________________
(*) Delete as appropriate.
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§ 9 Damage caused during transport
9.1 If goods are delivered with obvious transport damage, please report such defects to the delivery driver immediately and contact us as soon as possible on 07621-15200.
9.2 Failure to make a complaint or contact us has no bearing whatsoever on your statutory warranty rights. However, it does help us to assert our own claims against the carrier or the transport insurer.
§ 10 Warranty
10.1 The warranty is provided in accordance with the statutory provisions. For any defects in the goods arising during the statutory warranty period of two years from the date of delivery, you have the statutory right to subsequent performance (rectification of the defect or delivery of goods free from defects) and – provided the statutory conditions are met – the statutory rights to a reduction in price or withdrawal, as well as a claim for damages. You must allow us a total of two attempts at rectification unless you have previously set us a reasonable grace period which has expired without result. If the type of rectification you have requested is only possible at disproportionate cost, your claim is limited to the other type of rectification.
10.2 Should the remedy fail, you may claim a reduction in the purchase price or – in the case of a significant defect – withdraw from the contract. However, you are not entitled to withdraw from the contract in the case of only minor defects.
10.3 We accept no liability for damage or defects resulting from improper use, storage, or negligent or incorrect maintenance.
10.4 If you wish to have a faulty product repaired or replaced, please return the product free of charge. To do so, please request the relevant returns slip, including the return address and return reference number, by calling 07621-15200 or by emailing info@obb.de. Please use this returns slip to ensure a quick and smooth process.
§ 11 Liability
11.1 We exclude our liability for breaches of duty arising from slight negligence, provided that such breaches do not relate to essential contractual obligations, damage resulting from injury to life, limb or health, or guarantees, or affect claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents.
11.2 Claims for damages are limited in amount to the value of the goods supplied. Claims for damages are limited in amount to the value of the goods delivered. This does not apply in the case of damage resulting from injury to life, limb or health, or in the case of wilful misconduct or gross negligence.
§ 12 Language of the Contract, Applicable Law
12.1 It is agreed that the language of the contract shall be German.
12.2 The contracting parties agree that the law of the Federal Republic of Germany shall apply to all legal relationships arising from this contractual relationship, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to a consumer, this choice of law shall apply only to the extent that it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.
§ 13 Final Provisions
Should any provision of this contract be or become invalid, this shall not affect the validity of the remainder of this contract. The contracting parties are obliged, within reasonable limits and in good faith, to replace the invalid provision with a valid provision that achieves the same economic result, provided that this does not result in a material alteration to the substance of the contract.
WE ARE NEITHER WILLING NOR OBLIGED TO PARTICIPATE IN DISPUTE RESOLUTION PROCEEDINGS BEFORE A CONSUMER ARBITRATION BODY.