Terms of service
GENERAL TERMS AND CONDITIONS (B2B)
Optiboard by 1TECOplast GmbH
Schlattweg 10
72178 Waldachtal
Register court: Stuttgart Local Court
Registration number: HRB 440556
Managing director: Walter Wollensak
VAT identification number pursuant to section 27a of the German VAT Act: DE812245250
Direct contact:
Tel.: +49 7486 9790 35
Email: info@optiboard.de
Person responsible pursuant to section 55(2) RStV:
Walter Wollensak – c/o 1TECOplast GmbH
Schlattweg 10, 72178 Waldachtal
Welcome to Optiboard Schneidbrett!
§1 Scope and supplier
(1) These General Terms and Conditions (“Terms”) govern the sale of products by Optiboard by 1TECOplast GmbH (“supplier”) to you in the version valid at the time of ordering.
(2) Any differing terms and conditions of the purchaser are rejected.
(3) Please read these Terms carefully before placing an order with Optiboard by 1TECOplast GmbH. By placing an order, you agree that these conditions of sale apply to your order.
(4) We offer the following products on Optiboard Schneidbrett: Optiboard by 1TECOplast GmbH manufactures height-adjustable premium kitchen cutting boards developed for commercial users, such as hotels, restaurants, catering companies, food producers, and kitchen and catering equipment retailers and suppliers. The advertised products are therefore offered to business customers. A business operator is defined in section 14 of the German Civil Code (BGB).
§2 Formation of the contract
(1) Contracts on this portal may be concluded exclusively in German.
(2) Offers are directed exclusively at customers with a billing and delivery address in EU countries – Europe; other countries require a specific prior agreement. Customers must provide a valid VAT identification number pursuant to section 27a of the German VAT Act or an equivalent EU VAT ID.
(3) The legally responsible purchaser must be at least 18 years old.
(4) The presentation of goods in the online shop does not constitute a legally binding offer. It merely invites the customer to make an offer to place an order.
(5) Your order constitutes an offer to Optiboard by 1TECOplast GmbH to enter into a purchase contract. The purchaser submits a binding offer by completing the online ordering process, entering the requested information and clicking the “Bestellung bestätigen” (“Confirm order”) button in the final step.
(6) A purchase contract between supplier and purchaser is formed only when the supplier declares acceptance. This occurs at the earlier of the following events: dispatch of the goods or sending an email shipping confirmation. Confirmation that your order has been received does not constitute acceptance as described above.
(8) We store your orders after the contract is concluded. If you lose your order documents, please contact us by email or telephone. We will send you a copy of the order details.
(9) You agree to receive invoices electronically by email. For each delivery, the shipping confirmation will inform you whether an electronic invoice is available. Further information about electronic invoices is available on our website.
(10) These Terms are normally sent electronically when the order is accepted. If this does not happen for technical or other reasons, you may request a copy at any time.
§3 Prices and shipping costs
(1) Our prices are net prices; the applicable statutory VAT is added.
(2) Any shipping costs are shown in the online shop offer. Shipping surcharges vary according to the delivery method and the nature of the item.
(3) Despite our best efforts, a small number of products in our catalogue may be incorrectly priced. We check prices when processing your order and before charging payment. If the correct price is higher than the price shown on the website, we will contact you before dispatch to ask whether you wish to purchase at the correct price or cancel the order. If the correct price is lower than the price shown, we will charge the lower amount and send you the product.
(4) The prices at the time of ordering apply. Where a price list exists, the list prices valid at the time of ordering apply.
(5) Transfer of risk: deliveries to business customers are subject to the online trading rule in section 447(1) BGB.
§4 Delivery and cancellation
(1) Unless otherwise agreed, delivery is made to the address specified by the purchaser. The website provides information on the availability of products sold by Optiboard Schneidbrett, for example on the relevant product page. All availability, dispatch and delivery information consists of estimates and approximate guidelines. It does not constitute binding or guaranteed dispatch or delivery dates unless a date is expressly identified as binding in the shipping options for that product.
(2) If Optiboard Schneidbrett discovers while processing your order that ordered products are unavailable, you will be notified separately by email or by a message in your customer account. The purchaser’s statutory rights remain unaffected.
(3) If delivery is impossible because the goods do not fit through the purchaser’s entrance door, front door or staircase, or because the purchaser cannot be found at the stated delivery address despite reasonable advance notice of delivery, the purchaser bears the cost of the unsuccessful delivery attempt.
(4) Delivery depends on the payment method. For advance payment, delivery takes place after the payment instruction has been issued to the bank making the transfer. For PayPal or credit card payment, delivery takes place after the contract is concluded.
(5) If your order is dispatched in more than one parcel, you may receive a separate shipping confirmation for each parcel. In that case, each shipping confirmation gives rise to a separate purchase contract for the products listed in it. Your contractual partner is Optiboard by 1TECOplast GmbH.
(6) You can generally collect your goods from Optiboard by 1TECOplast GmbH, Schlattweg 10, 72178 Waldachtal, Germany, on working days from 09:00 to 15:30. We do not deliver to Packstation parcel lockers.
§5 Customs
(1) Products ordered from Optiboard Schneidbrett for delivery outside the European Union may be subject to import duties and taxes when the parcel reaches its destination. You must bear any additional customs clearance charges; we have no control over them. Customs rules vary considerably between countries, so contact your local customs authority for further information.
(2) When ordering from Optiboard Schneidbrett, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. Protecting your data is important to us. We wish to inform international customers that cross-border shipments may be opened and inspected by customs authorities. Please read our customs information for further details.
§6 Payment
(1) The purchaser may pay using PayPal Plus or credit card.
(2) The supplier may exclude certain payment methods in individual cases. Current details can be found in the shop settings.
(3) Payment by sending cash or cheques is not permitted.
(4) By choosing an online payment method, the purchaser authorises the supplier to collect the amounts due at the time of ordering.
(5) If advance payment is offered and selected, the purchaser must transfer the invoice amount to the supplier’s account within five calendar days of receipt of the order. The supplier reserves the goods for five calendar days accordingly.
(6) If credit card payment is offered and selected, the purchaser expressly authorises the supplier to collect the amounts due after dispatch of partial deliveries or the goods.
(7) If direct debit is offered and selected, the purchaser grants the supplier a SEPA Core Direct Debit mandate. If a transaction is reversed because of insufficient funds or incorrect bank details, the purchaser must bear the associated costs.
(8) If advance payment is offered and selected, the purchaser undertakes to settle the invoice within 14 days after dispatch of the goods without any deduction for a cash discount.
(9) If the purchaser defaults on payment, the supplier reserves the right to claim damages resulting from the delay.
(10) PayPal: through PayPal Plus we offer various payment methods as PayPal services. After placing your order, you will be redirected to PayPal’s website, where you can enter your payment details and confirm the payment instruction. This concludes the contract with us.
If you choose PayPal, you must be registered or register and authenticate yourself using your login details to pay the invoice. PayPal automatically processes the transaction immediately after confirmation of the payment instruction. Further information is provided during checkout.
Credit card via PayPal
If you choose credit card payment, you do not need to be registered with PayPal. Immediately after confirmation of the payment instruction and verification that you are the legitimate cardholder, your credit card company processes the transaction at PayPal’s request and charges your card. Further information is provided during checkout.
If direct debit via PayPal is offered
You do not need to be registered with PayPal to pay by direct debit. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the account debit date by a pre-notification. Immediately after confirmation, PayPal submits the mandate and asks its bank to initiate the transaction. The transaction is processed and your account debited. Further information is provided during checkout.
If payment on invoice via PayPal is offered
You do not need to be registered with PayPal. After successful address and credit checks and submission of the order, we assign our claim to PayPal. In this case, only payment to PayPal discharges your payment obligation. PayPal’s terms and privacy policy apply to payment processing in addition to our Terms. Further information and PayPal’s complete terms for payment on invoice are available from PayPal.
§7 Set-off and right of retention
(1) The purchaser may set off a counterclaim only if it has been established by a final court judgment or is not disputed by the supplier.
(2) A right of retention may be exercised only where the counterclaim arises from the same contractual relationship.
§8 Retention of title
Optiboard by 1TECOplast GmbH retains ownership of the goods until full payment. The goods remain our property until they have been paid for in full. The following additionally applies to business customers: we retain ownership until all claims arising from the ongoing business relationship have been settled in full. You may resell goods subject to retention of title in the ordinary course of business. You assign to us in advance all claims arising from the resale up to the invoice amount, irrespective of whether the goods have been combined or mixed with a new item, and we accept this assignment. You remain authorised to collect the claims, but we may also collect them ourselves if you fail to meet your payment obligations.
§9 Transport damage and packaging
(1) If the purchaser receives goods with obvious transport damage, the supplier asks that a complaint be made as soon as possible.
(2) For business customers, the risk of accidental loss or deterioration passes to you as soon as we hand the goods to the forwarding agent, carrier or other person or organisation appointed to carry out shipment. Between merchants, the inspection and notification duties in section 377 of the German Commercial Code (HGB) apply. If you fail to give the required notice, the goods are deemed accepted unless the defect could not be detected during inspection. This does not apply if we fraudulently concealed a defect.
(4) We do not take back any packaging materials used. We predominantly use recyclable and environmentally friendly filling material.
§10 Rights relating to defects
(1) If the purchaser is a commercial trader, a defect is remedied by replacement delivery or renewed performance. The purchaser must inspect the goods immediately after delivery and notify the seller of any defects. Without notification, the goods are deemed accepted unless the defect could not be detected. A defect discovered later must be reported immediately upon discovery.
(2) No defect claims arise from natural wear or damage occurring after transfer of risk because of incorrect or negligent handling, excessive use, unsuitable operating materials or particular external influences not contemplated by the contract. If the customer or third parties make improper modifications or repairs, no defect claims arise in respect of these or their consequences unless the customer proves that the reported malfunction was not caused by those modifications or repairs.
(3) For new goods, the limitation period for defect claims is one year from transfer of risk.
(4) A customer acting as a merchant within the meaning of section 1 HGB is subject to the commercial inspection and notification duties in section 377 HGB. If the customer fails to give the required notices, the goods are deemed accepted.
§11 Limitation of liability for products
(1) The supplier is liable for the purchaser’s claims for damages arising from injury to life, body or health, breach of essential contractual obligations, and other damage caused by intentional or grossly negligent breach of duty by the supplier, its legal representatives or persons employed to perform its obligations.
(2) Essential contractual obligations are those whose performance is necessary to achieve the purpose of the contract.
(3) For breaches of essential contractual obligations caused by ordinary negligence, liability is limited to foreseeable damage typical of the contract. This limitation does not apply to claims arising from injury to life, body or health.
(4) The provisions of the German Product Liability Act remain unaffected.
(5) Where Optiboard Schneidbrett’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and persons employed to perform its obligations.
§12 Withdrawal information
Business customers are not granted a voluntary right of withdrawal.
Withdrawal is generally excluded for the following contracts:
- Supply of goods unsuitable for return for health protection or hygiene reasons whose seal was removed after delivery, or which, after delivery, have become inseparably mixed with other goods because of their nature. This also applies if the cutting board has been used and products or food have been cut or prepared on it. The cutting boards are sealed with film.
- Supply of goods made to customer specifications or clearly tailored to personal needs.
§13 Data protection
(1) Where personal data such as name, address or email address are collected, we undertake not to disclose them to third parties without your prior consent.
(2) Data transmission over the Internet, for example by email, may have security vulnerabilities. Error-free and uninterrupted protection of third-party data cannot therefore be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not authorised to use contact details for commercial activities where the supplier has previously given the persons concerned written consent.
(4) You have the right at any time to obtain complete information free of charge from Optiboard Schneidbrett about the data held concerning you.
(5) Users also have rights to rectification, erasure and restriction of processing.
(6) Further information is provided in the separate privacy policy.
§14 Cookies
(1) We may use cookies to display the product range. Cookies are small text files stored locally in the temporary memory of a visitor’s Internet browser.
(2) Many websites and servers use cookies. Many cookies contain a cookie ID, a unique identifier consisting of a string of characters that allows websites and servers to identify the particular browser in which the cookie is stored. This allows the websites and servers visited to distinguish the individual’s browser from other browsers containing different cookies and to recognise it through the unique cookie ID.
(3) Cookies allow this website to provide users with more user-friendly services that would not be possible without them.
(4) Some cookies are transferred from our server to your computer. Most are session cookies, which are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer and enable us to recognise it on your next visit; these are persistent cookies.
(5) You can configure your browser to prevent cookies from being stored on your hard drive or to delete cookies already stored. Instructions for preventing and deleting cookies can be found in your browser’s help function or from the software manufacturer.
(6) Please also refer to our privacy policy.
§15 Jurisdiction and applicable law
(1) Disagreements and disputes relating to this contract are governed exclusively by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) For orders placed by merchants, legal entities under public law or special funds under public law, the supplier’s registered office is the sole place of jurisdiction. We may, however, also bring proceedings before the court at the purchaser’s place of residence.
§16 Final provisions
(1) The contract language is German.
(2) We do not offer products or services for purchase by minors.
(3) If you breach these Terms and we take no action, we remain entitled to exercise our rights on any other occasion when you breach these conditions of sale.
(4) We reserve the right to amend our website, rules and conditions, including these Terms, at any time. Your order is subject to the conditions of sale, contractual conditions and Terms in force when you placed the order, unless a change is required by law or an official order, in which case it also applies to earlier orders. If any provision is ineffective, void or unenforceable for any reason, it is deemed severable and does not affect the validity or enforceability of the remaining provisions.
(5) The invalidity of one provision does not affect the validity of the other contractual provisions. In that event, it is to be replaced, according to its meaning and purpose, by another legally permissible provision corresponding to the meaning and purpose of the ineffective provision.
Waldachtal, 24 June 2020 (V2) B2B
Alternative dispute resolution pursuant to Article 14(1) of the ODR Regulation and section 36 VSBG:
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
