Terms and Conditions
General Terms and Conditions (GTC)
§ 1 Scope of Application
These General Terms and Conditions apply to all orders placed through the online shop of OMGBOX (Operator: Kyle Maneekat, Laubestraße 12, 12045 Berlin, E-Mail: contact@omgbox.de).
A consumer, within the meaning of these GTC, is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.
§ 2 Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.
By clicking the "Buy Now" / "Place Order" button, you submit a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been placed. The purchase contract is concluded when we confirm your order with a separate e-mail (order confirmation) or ship the goods.
§ 3 Prices and Shipping Costs
All prices are final prices and include the statutory VAT. Shipping within Germany is free. We currently only ship within Germany.
§ 4 Payment
Payment is made via the payment methods we offer (e.g., credit card, debit card, other payment methods via Shopify Payments). The invoice amount is due immediately upon order.
§ 5 Delivery
We deliver exclusively within Germany. Delivery time is usually 3-5 business days after receipt of order and payment. Once your order has been shipped, you will receive an email with the tracking number.
Should delivery be delayed due to circumstances beyond our control (e.g., force majeure, strike), we will inform you immediately.
§ 6 Retention of Title
The delivered goods remain our property until full payment has been received.
§ 7 Right of Withdrawal
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (Kyle Maneekat, Laubestraße 12, 12045 Berlin, E-Mail: contact@omgbox.de) by means of a clear statement (e.g., a letter sent by e-mail) of your decision to withdraw from this contract.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are perishable or whose expiration date would be quickly exceeded. Furthermore, the right of withdrawal expires for sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Since our boxes contain food and sealed products, withdrawal after opening the packaging is excluded for hygienic reasons. For unopened and undamaged goods, the right of withdrawal can be exercised within the 14-day period.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (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 fourteen 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.
You must return or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you inform us of the withdrawal from this contract. You bear the direct cost of returning the goods.
§ 8 Liability for Defects (Warranty)
The statutory warranty rights apply. All products are checked for completeness and quality before shipping. All included products have a minimum shelf life of at least 3 months from the date of delivery.
Should a product arrive damaged or defective, please contact us within 48 hours of receipt of the goods at contact@omgbox.de with a photo. We will remedy the defect immediately (subsequent delivery or partial refund).
§ 9 Limitation of Liability
We are liable without limitation for intent and gross negligence as well as for injury to life, body or health. Otherwise, we are only liable for the breach of a material contractual obligation (cardinal obligation), limited to the foreseeable, contract-typical damage. Any further liability is excluded.
§ 10 Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers who have their habitual residence in another EU member state, the mandatory consumer protection provisions of the respective country of residence apply, provided they are more favorable to the consumer.
§ 12 Severability Clause
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.