§ 1 Validity and definition of terms
(1) Ophena AB, Sven Hultins gata 9c, 412 58 Gothenburg, Sweden (hereinafter referred to as “we” or “Ophena”) operates an online shop for goods under the website https://ophena.com. The following general terms and conditions (hereinafter referred to as the “Terms and Conditions”) apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership which is endowed with the ability to acquire rights and incur liabilities.
§ 2 Conclusion of the contracts, storage of the text of the contract
(1) The following provisions on the conclusion of the contract apply to orders placed via our online shop at https://ophena.com.
(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following provisions shall apply: The customer submits a binding contractual offer by successfully completing the order procedure provided for in our online shop. The order takes place in the following steps:
- Selection of the desired goods,
- Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
- Check the information in the shopping cart,
- Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/checking of address and contact data, selection of payment method, confirmation of GTC and revocation instructions,
- Complete the order by pressing the “Pre-Order Now” or “Pre-order now” button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In the event of a contract being concluded, the contract shall be concluded with Ophena AB, Sven Hultins gata 9c, 412 58 Gothenburg, Sweden.
(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. 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 general Terms and Conditions and the revocation instructions, is carried out by e-mail after the order has been placed by you, partly automatically. We do not save the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “Back button” of the browser). You can also be corrected by cancelling the order process prematurely, 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 shall be partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that spam filters do not prevent it.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) Our online shop is subject of the contract:
- The sale of goods. You can take the concrete offered goods from our article sides.
(2) The essential characteristics of the product shall be found in the description of the item.
§ 3.1 Colours and dimensions
Due to the manufacturing process, deviations and variations in colour and surface cannot be excluded. Colours may also change over the life of the product. We cannot accept any liability for this.
Some products are offered as “pre-order”. These products may undergo changes in colour and surface until the day of delivery. We will notify you of any changes prior to delivery and will present the final product. The order can be cancelled if not satisfied.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes, with the exception of any duty, clearance, tax or carrier charges as defined in section (4) of this paragraph.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer the 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 apply for the delivery of products, unless the respective item is not identified as free of shipping costs. The shipping costs will be clearly indicated on the offers, in the shopping cart system and on the order overview.
(4) Duty and other charges may incur as the product(s) enters another country. Any duty, clearance, tax or carrier charges must be borne by the consumer/entrepreneur and Ophena will not accept liability for any such costs. Ophena can under no circumstances be held liable for duties and fees incurred as a result of the product being imported to another country.
We are unable to advise what the thresholds and rates are for other countries as these are determined by the respective governments and can vary significantly between countries and even items.
(5) All offered products are immediately ready for shipment, unless clearly stated otherwise in the product description. Please note that many of our products are explicitly only available for pre-ordering. The delivery time is displayed on the product page as well as in the shopping cart and at the checkout.
(6) The following supply area restrictions exist: The products can be delivered to the following countries: Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Guernsey, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Pakistan, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, South Georgia/Sandwich Islands, Spain, Sweden, Switzerland, Turkey, Ukraine, United Arab Emirates, United Kingdom (UK), Vatican. If you would like us to deliver to another country, please do not hesitate to contact us; we will consider your request.
§ 5 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
$6 Instructions on Withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 60 days without giving any reason. The withdrawal period will expire after 60 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Ophena AB, Sven Hultins gata 9C, 412 58 Gothenburg, Sweden, phone: +46732600951, email: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also download this form here.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort shall be limited to intent or gross negligence.
(2) In the event of slight negligence, we shall have unlimited liability in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if repair has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract and on whose observance you may regularly rely. This includes in particular our obligation to take action and to perform the contractually owed service described in § 3.
§ 8 Contract language
Only German and English are available as contract languages.
§ 9 Warranty
(1) The warranty shall be governed by the statutory provisions. The applicable law is set out in § 11.
(2) The warranty period for goods delivered to entrepreneurs is 12 months.
(3) As a consumer, you are requested to immediately check the items/the digital goods or the service provided for completeness, obvious defects and transport damage upon fulfilment of the contract and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this of course has no effect on your statutory warranty claims.
§ 10 Retention of title
All intellectual property rights, such as trademarks and copyrights on ophena.com, remain with Ophena AB and its subsidiaries or licensees. You may not use ophena.com or its contents, including copying and storing all or any portion of the contents, except for your own personal, non-commercial use, without Ophena’s permission.
§ 11 Governing Law
(1) These Terms and Conditions shall be governed by the substantive laws of Sweden. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The venue shall be Stockholm. The Rules for Expedited Arbitrations shall apply.
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 12 Amendments
We may add to, change or remove any part of these Terms and Conditions at any time. Our updated Terms and Conditions will be displayed on ophena.com and by continuing to use and access ophena.com following any amendments, you agree to be bound by the variations made by us. It is your responsibility to check these Terms and Conditions from time to time to verify such amendments. We may add, change, discontinue, remove or suspend any other content displayed on ophena.com, including features and specifications of products and services described or depicted on ophena.com, temporarily or permanently, at any time, without notice and without liability.