General Terms and Conditions

1. Scope

1.1 These General Terms and Conditions (GTC) of Opranic AB (Seller) apply to all contracts concluded between a consumer or a trader (Client) and the Seller relating to all goods and/or services presented in the Seller’s online shop for infrared heaters. The inclusion of the customer’s own terms and conditions is hereby objected to unless otherwise agreed.

1.2 A 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 self-employed.

1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who when concluding a legal transaction acts in the exercise of his commercial or independent professional activity.

2. Conclusion of Contract

2.1 The product descriptions contained in the seller’s online shop for infrared heaters do not constitute binding offers on the part of the seller but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected infrared heaters in the virtual shopping cart and going through the electronic ordering process the customer submits a legally binding contract offer with regard to the infrared heaters contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days:

• By sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail) whereby the receipt of the order confirmation by the customer is decisive; or
• By delivering the ordered infrared heaters to the customer in which case the receipt of the goods by the customer is decisive; or
• By requesting payment from the customer after placing his order.

2.4 When submitting an offer via the seller’s online order form the text of the contract will be stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail fax or letter) after the customer has sent his order. The seller does not make the text of the contract accessible beyond this.

2.5 Prior to the binding submission of the order via the seller’s online order form the customer can identify possible input errors by carefully reading the information displayed on the screen.

2.6 The German and English languages are available for the conclusion of the contract.

2.7 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular when using SPAM filters the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3. Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal within 14 days.

3.2 Further information on the right of withdrawal can be found in the seller’s revocation policy.

4. Prices and Terms of Payment

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The payment options available are:

• PayPal
• Stripe
• Other

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 If you select a payment method offered via the “Stripe” payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”).

4.5 If you select PayPal as the payment method, the payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”).

5. Delivery and Shipping Conditions

5.1 If the seller offers to ship the infrared heaters the delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer unless otherwise agreed. When processing the transaction the delivery address specified in the seller’s order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible the customer shall bear the reasonable costs incurred by the seller as a result.

5.3 If the customer acts as an entrepreneur the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the item to the forwarding agent the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the seller is not responsible for the non-delivery and the seller has concluded a specific hedging transaction with the supplier with due care. In the event of non-availability or only partial availability of the goods the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5 Self-collection is not possible for logistical reasons unless otherwise agreed.

6. Retention of Title

If the seller makes an advance payment he retains ownership of the delivered infrared heaters until the purchase price owed has been paid in full.

7. Liability for Defects (Warranty)

7.1 Unless otherwise stated in the following provisions the statutory liability for defects shall apply.

7.2 If the customer acts as an entrepreneur:

• The seller has the choice of the type of subsequent performance;
• In the case of new goods the limitation period for defects is one year from delivery of the goods;
• In the case of used goods rights and claims due to defects are excluded.

7.3 If the customer acts as a consumer:

• The statutory warranty period of two years from delivery of the goods applies.
• In the case of used goods the warranty period may be reduced to one year.

7.4 The limitations of liability and shortening of deadlines set out above do not apply:

• For claims for damages and reimbursement of expenses by the customer;
• In the event that the seller has fraudulently concealed the defect;
• For goods which have been used for a building in accordance with their usual use and which have caused its defectiveness;
• For any existing obligation on the part of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.5 If the customer acts as a consumer he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to report transport damage immediately does not affect the consumer’s statutory rights for claims for defects.

8. Special Conditions for Repair Services

If according to the content of the contract the seller owes the repair of an item belonging to the customer the following shall apply:

8.1 Repair services shall be provided at the Seller’s registered office.

8.2 The Seller shall provide its services at its discretion in its own person or through qualified personnel selected by it.

8.3 The customer must provide the seller with all information necessary for the repair of the item provided that its procurement does not fall within the seller’s scope of obligations according to the content of the contract.

8.4 Unless otherwise agreed the customer must send the item to be repaired to the seller’s registered office at his own expense and risk.

8.5 The return of the item is at the expense of the customer. However if the item is found to be defective and under warranty the seller will reimburse the return shipping costs.

8.6 The aforementioned regulations do not limit the customer’s statutory warranty rights in the event of the purchase of goods from the seller.

8.7 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of the statutory liability for defects.

9. Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotions with a certain period of validity and that cannot be purchased by the Customer can only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher campaign provided that a corresponding restriction results from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be reimbursed by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded.

10. Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution at the following link: EU ODR Platform. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The seller prefers to resolve disputes directly with the customer and is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

11. GDPR Compliance

11.1 The seller complies with the General Data Protection Regulation (GDPR) and ensures that personal data is collected processed and used only in accordance with these regulations.

11.2 Further details are provided in the seller’s privacy policy.

12. UK-Specific Provisions

12.1 Post-Brexit the seller ensures compliance with UK-specific consumer protection laws which may slightly diverge from EU laws.

12.2 Consumers in the UK have similar rights as those in the EU including the right to clear information a 14-day withdrawal period and remedies for non-conforming goods. Any divergence will be addressed in the UK-specific addendum to these terms and conditions.