AGB / General Terms

General Terms and Conditions Scope
These terms and conditions apply to all purchases from OGs Optics Europe (www.ogsmoto.eu) made by private customers. Private customers, in this context, are individuals with residence and delivery addresses in the Federal Republic of Germany or other EU member states, as well as Switzerland and Great Britain, provided that the goods they order cannot be attributed to their commercial or independent professional activity. (Business customers are requested to place orders through the business customer login accessible on the ordering pages.)

Prices and Shipping Costs
The displayed prices are final prices (including VAT). The amount indicated at the time of the binding order applies. In addition, shipping costs apply, which depend on the shipping method, size, and weight of the ordered goods. Details can be found at [link to "Shipping Costs"]. The regular costs of returning the goods, incurred in the event of a return by you exercising your right of withdrawal [link to "Right of Withdrawal"], are borne by the seller. When exercising your right of withdrawal, we will refund the full price of the ordered goods excluding shipping costs.

Payment
Payment is made upon delivery through:

  • Direct debit
  • PayPal
  • and other available payment options

Late Payment
In case of late payment, OGs Optics Europe is entitled to demand default interest at a rate of 5 percentage points above the base interest rate announced by the Deutsche Bundesbank at the time of the order. If OGs Optics Europe can demonstrate a higher default damage, it is entitled to claim it.

Right of Retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

Delivery
(1) Delivery is made to the delivery address specified by the customer within:

  • Federal Republic of Germany and
  • Europe

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other performance permanently impossible, OGs Optics Europe is exempt from the obligation to perform. Amounts already paid will be promptly refunded by OGs Optics Europe. (3) OGs Optics Europe may also refuse performance to the extent that it requires an effort that, considering the content of the purchase agreement and the principles of good faith, is in gross disproportion to the customer's interest in the performance of the purchase agreement. Amounts already paid will be promptly refunded by OGs Optics Europe. (4) Bulky goods (packages with a volume larger than 1 cubic meter) are usually delivered by freight. OGs Optics Europe expressly points out that these goods will not be carried into the house.

Return Shipping Method
(1) Please use the original packaging, if possible, when returning the goods and accessories, even if it is damaged by an opening for functional testing.

Rights for Defects
(1) A product already defective upon delivery (warranty case) will be replaced by OGs Optics Europe at the customer's choice at the expense of OGs Optics Europe with a defect-free product or professionally repaired (right to subsequent performance). The customer is informed that there is no warranty case if the product had the agreed-upon quality at the time of the transfer of risk. A warranty case does not exist, in particular, in the following cases: a) for damages caused to the customer by misuse or improper use, b) for damages caused by exposing the products to harmful external influences (especially extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire). (2) OGs Optics Europe also does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer. (3) If the type of subsequent performance desired by the customer (replacement delivery or repair) requires an effort that, considering the product price, is in gross disproportion to the interest of the customer in the performance of the purchase agreement – taking into account, in particular, the value of the purchased item in a defect-free condition, the significance of the defect, and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer – the customer's claim is limited to the respective other type of subsequent performance. OGs Optics Europe's right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected. (4) In the case of both repair and replacement delivery, the customer is obligated to send the product to the return address provided by OGs Optics Europe at the expense of OGs Optics Europe, specifying the order number. Before sending, the customer must remove any items inserted by him from the product. OGs Optics Europe is not obliged to examine the product for the insertion of such items. OGs Optics Europe is not liable for the loss of such items unless it was readily apparent to OGs Optics Europe upon return of the product that such an item had been inserted into the product (in this case, OGs Optics Europe informs the customer and holds the item ready for the customer to pick up; the customer bears the resulting costs). Before sending a product for repair or replacement, the customer must, if necessary, create separate backup copies of the system software, applications, and all data on a separate data carrier and deactivate all passwords. No liability is assumed for data loss. It is also the customer's responsibility, after the repaired product or replacement product has been returned to him, to install the software and data and reactivate the passwords. (5) If the customer returns the goods to receive a replacement product, the return of the defective product is governed by the following: If the customer was able to use the goods in a non-defective condition between delivery and return, he must reimburse the value of the benefits obtained. For a deterioration of the goods not caused by the defect, or for the loss or further deterioration of the goods not caused by the defect, and for the impossibility of returning the goods not caused by the defect during the period between delivery and return of the goods, the customer must provide compensation. The customer is not required to compensate for the deterioration of the goods caused by their intended use. The obligation to provide compensation for the return of a defective product in the warranty case is also waived if a) the defect justifying withdrawal only occurred during processing or transformation, b) OGs Optics Europe is responsible for the deterioration or loss, or the damage would have occurred even if OGs Optics Europe had delivered on time, c) the deterioration or loss occurred at the customer's, even though he exercised the care customary in his own affairs. (6) The customer's liability for damages in the event of a breach of the obligation to return, for which the customer is responsible, is governed by the statutory provisions. (7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period. (8) In addition, claims against the manufacturer may exist within the scope of a warranty granted by the manufacturer, which is governed by the corresponding warranty conditions. (9) OGs Optics Europe's statutory warranty ends two years from the delivery of the goods. The period begins with the receipt of the goods.

Liability
(1) In the case of slight negligence, OGs Optics Europe is only liable for the violation of essential contractual obligations and is limited to foreseeable damages. This limitation does not apply in the event of a violation of life, body, or health. OGs Optics Europe is not liable for other damages caused by slight negligence due to a defect in the purchased item. (2) Regardless of any fault on the part of OGs Optics Europe, liability of OGs Optics Europe for the intentional concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer's warranty is a guarantee by the manufacturer and does not constitute a guarantee assumed by OGs Optics Europe. (3) OGs Optics Europe is also responsible for the accidental impossibility of delivery during its delay, unless the damage would have occurred even with timely delivery. (4) The personal liability of the legal representatives, vicarious agents, and employees of OGs Optics Europe for damages caused by them through slight negligence is excluded.

Applicable Law
The contract concluded between you and OGs Optics Europe is exclusively subject to the law of the Federal Republic of Germany, expressly excluding the UN Sales Convention. The mandatory provisions of the state in which you have your usual residence remain unaffected.

Jurisdiction
If, contrary to your information when ordering, you do not have a residence in the Federal Republic of Germany or if you move your residence abroad after the conclusion of the contract, or if your residence is not known at the time of filing the lawsuit, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is [location of the operator of the online shop].

Dispute Resolution
General information obligations regarding 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 (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not obligated and not willing to participate in a dispute resolution procedure before a consumer conciliation board.

Final Provisions
(1) Should individual provisions of this contract be or become wholly or partially invalid or void, this does not affect the validity of the contract as a whole, provided that one contractual partner is not unreasonably disadvantaged thereby.
(2) Changes or additions to this contract require written form.