Terms of service

General Terms and Conditions of Sale

Scope of application
These terms and conditions apply to all purchases made from osentec GmbH by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Business customers are requested to place orders via the contact shop@osentec.de.

Prices and shipping costs

The prices quoted are final prices including VAT. The amount shown at the time of the binding order shall apply. The shipping costs are included in the final price for private customers for shipping in Germany. You can find out about the details here. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation. If you exercise your right of withdrawal, we will also refund the shipping costs.

Payment is made on delivery by means of
- Amazon Pay
- Apple Pay
- Google Pay
- credit card
- Giropay
- Paydirect
- PayPal

Default of payment
If you are in default of payment, Osentec GmbH shall be entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If it can be proven that Osentec GmbH has incurred higher damages due to default, Osentec GmbH shall be entitled to claim such damages.

Right of retention
The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

(1) Delivery shall be made to the delivery address specified by the customer, within
- Germany
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Osentec GmbH shall not be obliged to perform. Amounts already paid shall be refunded by Osentec GmbH without delay.
(3) Osentec GmbH may also refuse performance if this requires an effort which is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Amounts already paid shall be refunded by Osentec GmbH without delay.
(4) Bulky goods (parcels with a volume larger than 1 sqm) are usually delivered by a forwarding agent. Osentec GmbH expressly points out that these goods are not carried into the house and that separate shipping costs are incurred.

Favourable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be liable to pay us the increased costs compared to a cheaper shipping method.

Retention of title
The delivered goods remain the property of Osentec GmbH until all claims against the customer arising from the purchase contract have been settled in full. As long as this reservation of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

Defect rights
(1) A product which is already defective upon delivery (warranty case) shall be replaced by a defect-free product or repaired professionally (supplementary performance) at the customer's discretion and at Osentec GmbH's expense. It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, Osentec GmbH shall not provide any warranty for a defect caused by improper repair by a service partner not authorised by the manufacturer.
(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort which, in view of the product price, is grossly disproportionate to the customer's interest in performance, taking into account the content of the contract and the principles of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer must be taken into account - the customer's claim shall be limited to the respective other type of supplementary performance. The right of Osentec GmbH to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.
(4) Both in the case of repair and in the case of replacement delivery, the customer shall be obliged to send the product at the expense of Osentec GmbH to the return address provided by it, stating the order number. Prior to sending in the product, the customer shall remove any objects inserted by him from the product. Osentec GmbH shall not be obliged to inspect the product for the insertion of such items. Osentec GmbH shall not be liable for the loss of such items unless it was readily apparent to Osentec GmbH at the time of taking back the product that such an item had been inserted into the product (in this case Osentec GmbH shall inform the customer and keep the item ready for collection by the customer; the customer shall bear the costs incurred in doing so). In addition, before sending a product for repair or replacement, the customer shall, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords. 
(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value does not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if Osentec GmbH is responsible for the deterioration or loss or if the damage would also have occurred at Osentec GmbH,
c) if the deterioration or loss occurred at the customer's premises although the customer exercised the care which he is accustomed to exercising in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, claims may also exist against the manufacturer within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.
(9) The warranty periods regulated in the German Civil Code at the time of conclusion of the contract shall apply in each case, unless otherwise stipulated below (excluding wear and tear). The period begins with the receipt of the goods.

(1) In the event of slight negligence, Osentec GmbH shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. Osentec GmbH shall not be liable for any other damage caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of fault on the part of Osentec GmbH, liability on the part of Osentec GmbH shall remain unaffected in the event of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer's guarantee is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by Osentec GmbH.
(3) Osentec GmbH shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in the event of timely delivery.
(4) The personal liability of the legal representatives, vicarious agents and employees of Osentec GmbH for damage caused by them through slight negligence shall be excluded.

Applicable law
The contract concluded between you and Osentec GmbH shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall not affect the mandatory provisions of the state in which you have your habitual residence.

Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Neubrandenburg.

Dispute resolution
General information obligations for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.