Terms and Conditions

General Terms and Conditions

§ 1 Scope, Definitions

(1) Staudinger-Franke GmbH, Josef-Endlweber-Gasse 2a, 1230 Vienna, Austria (hereinafter: “we” or “Oceanstore”) operates an online shop for goods under the website https://oceanstoredesign.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a legal partnership is a partnership that is equipped with the ability to acquire rights and incur liabilities.

§ 2 Conclusion of Contracts, Storage of the Contract Text

(1) The following regulations regarding the conclusion of a contract apply to orders via our online shop at https://oceanstoredesign.com.

(2) Our product presentations on the internet are non-binding and not a binding offer to conclude a contract.

(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

  1. Selection of the desired goods,
  2. Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
  3. Checking the information in the shopping cart,
  4. Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview” or similar),
  5. Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
  6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
  7. Completing the order by pressing the “Buy now” button. This constitutes your binding order.
  8. The contract is concluded when an order confirmation is sent to you by us within three working days to the e-mail address provided.

(4) In the event of the conclusion of the contract, the contract is concluded with Staudinger-Franke GmbH, Josef-Endlweber-Gasse 2a, 1230 Vienna, Austria.

(5) Before ordering, the contract data can be printed out or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, takes place by e-mail after the order has been triggered by you, in some cases automatically. We do not save the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “Back” button of the browser). They can also be corrected by prematurely cancelling the order process, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Subject Matter of the Contract and Essential Characteristics of the Products

(1) The subject matter of the contract in our online shop is:

  1. The sale of goods. You can find the specific goods offered on our article pages.

(2) The essential characteristics of the goods can be found in the article description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the article description (negative quality agreement). If the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, Shipping Costs and Delivery

(1) The prices quoted in the respective offers and the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before the product is delivered (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective article is designated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.

(4) All products offered are, unless expressly stated otherwise in the product description, ready for dispatch immediately (delivery time: [ Place the value for default_delivery_time_text ] after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.

(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the outward shipment if you effectively exercise your right of withdrawal. For the return costs, the regulation made by us in the cancellation policy applies in the event of effective exercise of the right of withdrawal by you.

§ 5 Right of Retention, Reservation of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is based on our cancellation policy.

§ 7 Contract Language

German is the only contract language available.

§ 8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have breached an essential contractual obligation, liability for material damage and financial loss attributable thereto shall be limited to the damage foreseeable typical for the contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to act and to fulfill the contractually owed service, which is described in § 3.

§ 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) The warranty period for entrepreneurs is 12 months for delivered goods.

(3) As a consumer, you are requested to immediately check the item/digital goods or the service provided for completeness, obvious defects and transport damage upon fulfillment of the contract and to notify us and the carrier of complaints as quickly as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(4) Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.