1. Introduction
These terms and conditions govern the use of our website and the purchase of our artwork. By using our website and purchasing our artwork, you agree to these terms and conditions in full.
2. General Information
Evelina Klanikova
Hauptstr.93
74206 Bad Wimpfen
Germany
3. Definition of private customers
Private customers are individuals who reside in Germany and are not ordering goods for commercial or self-employed professional purposes.
4. Prices and Payment
4.1 Inclusion of VAT
Please note that our prices do not include VAT as we are a small business owner in Germany registered under Paragraph 19 of the Value Added Tax Act (Umsatzsteuergesetz). As such, we are not required to charge VAT on our products or services. However, please be aware that you may be responsible for paying any applicable taxes or duties in your country of residence.
4.2 Shipping costs
Shipping costs vary depending on the size and weight of the ordered goods and are added to the final price.
4.3 Payment methods accepted
Oilpanther accepts the following payment methods: Google Pay, credit card, direct debit, PayPal, and Giropay.
5.4 Interest on arrears
If the customer is in default of payment, oilpanther is entitled to charge interest on arrears at a rate of 5 percentage points above the base rate of the Deutsche Bundesbank.
6.5 Right to withhold payment
If a customer exercises their right to withhold payment, it must be based on the same contractual relationship.
5. Delivery
5.1 Delivery address and regions
5.1.1 Delivery will be made to the delivery address specified by the customer, within Germany, Europe, America, Asia, and Africa.
5.2 Force majeure
5.2.1 If delivery is made impossible by force majeure, such as acts of nature, war, or labor disputes, Oilpanther may be unable to fulfill the contract. In such cases, Oilpanther will inform the customer as soon as possible.
5.3 Refusal of performance
5.3.1 If the effort to fulfill the contract is disproportionately high in relation to the customer's interest in fulfillment, Oilpanther may refuse performance. In such cases, Oilpanther will inform the customer as soon as possible.
6. Returns and Defective Products
Oilpanther wants all of its customers to be satisfied with their purchases. If you are not completely satisfied with your purchase, you can return the goods within 14 days of receipt without giving a reason. To exercise your right of withdrawal, you must inform Oilpanther in writing by post or e-mail, specifying your order number and the item(s) you wish to return. The 14-day period begins on the day the goods are received. To meet the deadline, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the deadline.
(1) A product that is defective upon delivery (warranty case) will be replaced with a defect-free product or repaired by oilpanther at the customer's choice and expense (remedial action). The customer is advised that there is no warranty case if the product had the agreed-upon characteristics 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 that has arisen from misuse or improper use by the customer,
b) in the case of damage that has arisen from harmful external influences to which the products have been exposed at the customer's location (in particular, extreme temperatures, moisture, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, oilpanther does not provide a warranty for any fault caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of remedial action desired by the customer (replacement or repair) requires an expense that, in view of the product price, is in gross disproportion to the customer's interest in performance, taking into account the content of the contract and the principles of good faith and fair dealing - with particular consideration given to the value of the purchased item in defect-free condition, the significance of the defect, and whether the other type of remedial action can be taken without significant disadvantage to the customer - the customer's claim is limited to the other type of remedial action. The right of oilpanther to refuse this other type of remedial action under the aforementioned conditions remains unaffected.
(4) In both cases of repair and replacement, the customer is required to send the product to the return address specified by oilpanther at their expense and with the order number. Before sending, the customer must remove any objects they have inserted into the product. oilpanther is not obligated to examine the product for the presence of such objects. oilpanther is not liable for the loss of such objects, unless it was readily apparent to oilpanther when the product was returned that such an object had been inserted into the product (in which case oilpanther informs the customer and holds the object for the customer to collect; the customer bears the resulting costs). Additionally, 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. Liability for data loss is not assumed. Similarly, it is the customer's responsibility to install the software and data and reactivate the passwords after the repaired or replacement product has been returned to them.
(5) If the customer sends the product to obtain a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the product in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits obtained by them. For the destruction or further deterioration of the product not caused by the defect, as well as for the impossibility of returning the product in the period between delivery and return not caused by the defect, the customer shall pay compensation. The customer is not required to pay compensation for the deterioration of the product caused by proper use of the product. The obligation to pay compensation is also waived for the return of a defective product in the case of a warranty claim if:
7. Data Privacy
7.1 Collection and processing of personal data
We collect and process personal data in accordance with applicable data protection laws and regulations. This includes information such as your name, address, email address, and telephone number.
7.2 Use of data for marketing purposes
We may use your personal data to send you marketing communications about our products and services. You can opt out of receiving these communications at any time by contacting us.
7.3 Right to access and correction of personal data
You have the right to access and correct any personal data we hold about you. If you would like to exercise this right, please contact us.
7.4 Data security
We take the security of your personal data seriously and implement appropriate measures to protect it from unauthorized access or disclosure. However, please note that no system can guarantee 100% security, and we cannot be held responsible for any unauthorized access or disclosure that is beyond our control.
8. Liability and Limitations of Liability
8.1 Limitations of liability for damages:
Our liability for damages is limited to the purchase price of the product(s) that caused the damage. We are not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits or business interruption, arising out of or related to the use or inability to use our products.
8.2 Exceptions to limitations of liability:
The limitations of liability do not apply to cases of willful misconduct, gross negligence, or bodily harm.
9. Applicable Law and Jurisdiction
9.1 Applicable law:
All purchases made through our website are subject to German law.
9.2 Jurisdiction:
Any disputes arising out of or related to the purchase or use of our products shall be exclusively resolved by the courts of Germany.
9.3 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 (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
9.4 Final Provisions
(1) If individual provisions of this contract are wholly or partially ineffective or void, this shall not affect the validity of the contract as a whole, unless a contracting party is unreasonably disadvantaged thereby.
(2) Amendments or additions to this contract must be made in writing.
10. Amendments and Severability
10.1 Right to amend terms and conditions:
We reserve the right to amend these terms and conditions at any time without prior notice. The amended terms and conditions will be effective upon posting on our website.
10.2 Severability clause:
If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Contact Information
Contact details for customer inquiries and complaints:
If you have any questions or complaints regarding our products or services, please contact us at info@oilpanther.com. We strive to respond to all inquiries and complaints within 2 work days.
