Terms of Service

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Certain Customer Specifications
10. Redemption of Promotional Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of One Optic GmbH (hereinafter referred to as the "Seller") shall apply to all contracts for the delivery of goods concluded between the Seller and a consumer or entrepreneur (hereinafter referred to as the "Customer") regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit the offer using the online order form integrated into the Seller's online shop. After placing the selected goods into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order process.

2.3 The Seller may accept the Customer's offer within five days

• by sending the Customer a written order confirmation or an order confirmation in text form (e.g. by fax or email), whereby receipt of the order confirmation by the Customer is decisive, or

• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

• by requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the time when the first of the above alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the order process.

2.5 If the payment method "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" during the online ordering process, by clicking the button completing the order process, the Customer also issues a payment instruction to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer initiates the payment process by clicking the button completing the order process.

2.6 When an order is placed via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g. by email, fax, or letter) after the order has been submitted. The Seller will not make the contract text available beyond this. If the Customer has created a user account in the Seller's online shop before submitting the order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account using the relevant login credentials.

2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. An effective technical means of better recognising input errors may be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.9 Order processing and communication are generally carried out by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, if spam filters are used, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's Right of Withdrawal Policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, all prices quoted are total prices and include the applicable statutory value-added tax (VAT). Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered through the "Shopify Payments" payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods available through Shopify Payments are displayed to the Customer in the Seller's online shop. Stripe may use other payment service providers to process payments, for which separate payment terms may apply and about which the Customer may be informed separately. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified by the Seller during the order process shall be decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of the original shipment if the Customer validly exercises their right of withdrawal. In the event of a valid exercise of the right of withdrawal, the provisions set out in the Seller's Right of Withdrawal Policy regarding the costs of returning the goods shall apply.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the goods to the freight forwarder, carrier, or any other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss or accidental deterioration of the sold goods shall generally pass only upon delivery of the goods to the Customer or a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss or accidental deterioration of the sold goods shall also pass to the Customer, even if the Customer is a consumer, as soon as the Seller has handed over the goods to the freight forwarder, carrier, or any other person or institution designated to carry out the shipment, provided that the Customer has commissioned the freight forwarder, carrier, or other designated person or institution to carry out the shipment and the Seller has not previously named that person or institution to the Customer.

5.4 If the Customer is a consumer residing in Germany or an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this shall only apply if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be informed without undue delay and any payments already made will be refunded immediately.

5.5 Collection of goods by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller provides advance performance, the Seller shall retain ownership of the delivered goods until the purchase price has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. The following shall apply instead to contracts for the delivery of goods:

7.1 If the Customer is acting as an entrepreneur,

• the Seller shall have the right to choose the type of subsequent performance;

• the limitation period for claims relating to defects in new goods shall be one year from delivery of the goods;

• claims relating to defects in used goods shall be excluded;

• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and reductions of limitation periods shall not apply

• to claims for damages and reimbursement of expenses by the Customer;

• if the Seller has fraudulently concealed the defect;

• to goods that have been used for a building in accordance with their usual purpose and have caused the defectiveness of the building;

• to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and notify defects pursuant to Section 377 HGB shall apply. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the carrier and inform the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer's statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

• in cases of intent or gross negligence;

• in cases of intentional or negligent injury to life, body, or health;

• on the basis of a guarantee, unless otherwise agreed with regard thereto;

• under mandatory statutory liability, such as liability under the German Product Liability Act.

8.2 If the Customer is a consumer residing in Germany or an entrepreneur, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, liability shall be limited to the typical foreseeable damage arising from the contract, unless unlimited liability applies pursuant to the above provision. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract, and on the observance of which the Customer may regularly rely. In all other respects, the Seller's liability shall be excluded unless unlimited liability applies pursuant to the above provision.

8.3 The above liability provisions shall also apply with regard to the liability of the Seller's vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Certain Customer Specifications

9.1 If, under the terms of the contract, the Seller is obliged not only to deliver the goods but also to process the goods according to certain specifications provided by the Customer, the Customer shall provide the Seller with all content required for such processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the Seller, and shall grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for obtaining and acquiring the rights to such content. The Customer declares and accepts responsibility for having the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.

9.2 The Customer shall indemnify the Seller against any claims asserted by third parties arising from the Seller's contractual use of the Customer's content that infringes the rights of such third parties. The Customer shall also bear the necessary costs of legal defence, including all court costs and legal fees to the extent provided by law. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to provide the Seller without undue delay with all information necessary for the examination of the claims and the defence against them, truthfully and in full.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or accepted standards of public morality. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified period of validity and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") may only be redeemed in the Seller's online shop and only during the specified period.

10.2 Individual products may be excluded from the voucher promotion if such a restriction is stated in the content of the Promotional Voucher.

10.3 Promotional Vouchers may only be redeemed before completing the order process. Subsequent crediting is not possible.

10.4 Only one Promotional Voucher may be redeemed per order.

10.5 If the Promotional Voucher relates to a fixed value rather than a percentage discount, the value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference.

10.7 The balance of a Promotional Voucher will neither be paid out in cash nor accrue interest.

10.8 A Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part using the Promotional Voucher within the scope of their statutory right of withdrawal.

10.9 The Promotional Voucher is transferable. The Seller may fulfil its obligations with discharging effect by providing performance to the respective holder redeeming the Promotional Voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to represent.

11) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any event be entitled to bring proceedings before the court at the Customer's registered office.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.