Terms and Conditions

1. Scope

(1) These Terms and Conditions apply to the sale of goods by OBAstudios - Barbara Jenner, Heinrich-Roller-Str. 9, 10405 Berlin (hereinafter referred to as "we" or "us") to the customer (hereinafter referred to as "customer", "you" or "your").

(2) Any terms and conditions of the customer that differ from or go beyond these Terms and Conditions shall not form part of the contract.

2. Distinction between Consumers and Business Customers

(1) Some provisions of these Terms and Conditions apply only to consumers or only to business customers. Where this is the case, it is explicitly indicated.

(2) A "consumer" within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (as per §13 of the German Civil Code – BGB).

(3) A "business customer" is any natural or legal person or legal partnership acting in the exercise of their commercial or independent professional activity when entering into a business relationship with us (as per §14 BGB).

3. Conclusion of Contract, Storage of Contract Text, and Contract Language for Online Orders

(1) If the contract is not concluded through individual communication (e.g., in person, via email, fax, mail, or telephone), but online through our website, the contract is concluded as follows:

• Your order constitutes a binding offer to conclude a purchase contract. You go through the order process on our website and enter the required information. Before submitting your order, you can review and amend your entries. By submitting the order, you make a binding offer to us.

• We may accept your offer within five days by:

• Sending you an order confirmation by post, fax or email, or
• Requesting payment.

The time at which our order confirmation or payment request reaches you is decisive for meeting the deadline.

(2) We store the contract terms, i.e., the order/registration data and these Terms and Conditions. You can print or save them using your browser's functionality. Your order/registration data is shown in the final step of the order/registration process.

(3) The contract language is German.

4. Delivery Issues

If a product you ordered is not available because our supplier fails to deliver despite contractual obligation and without fault on our part, we are entitled to withdraw from the contract. We will notify you immediately and refund any payments already made.

5. Payment

If advance payment is agreed upon, payment is due immediately after conclusion of the contract.

6. Retention of Title

(1) For consumers:
The delivered product remains our property until full payment is received.

(2) For business customers:
We retain ownership of the goods until all payments under the business relationship are settled. We will release securities at your request if their value exceeds the claims to be secured by more than 20%. We reserve the right to select which securities to release.

You are entitled to resell the goods in the ordinary course of business. However, you hereby assign to us all claims arising from such resale.

7. Warranty (Liability for Defects)

(1) For consumers:
Statutory warranty rights apply.

(2) For business customers:
If you are a merchant as defined by §1 of the German Commercial Code, you must inspect the goods upon receipt and notify us of any defects immediately. If you fail to do so, the goods are considered accepted unless we have fraudulently concealed the defect. If a defect exists, we shall provide subsequent performance (repair or replacement) at our discretion. If subsequent performance fails, you may reduce the price or—if the defect is significant—withdraw from the contract.

Claims for defects expire one year after delivery. This does not apply to claims involving injury to life, body or health, or gross negligence on our part—statutory limitation periods apply in those cases.

8. Liability Exclusions and Limitations

Our liability for damages is as follows:

(1) We are liable without limitation for intent and gross negligence, including by our vicarious agents, and for damages arising from injury to life, body or health caused by negligence.

(2) In the event of slight negligence, we are only liable for breach of a material contractual obligation, limited to foreseeable and typical damages. Material obligations are those essential to the contract’s execution and that the customer may regularly rely on.

(3) Otherwise, our liability is excluded regardless of the legal grounds.

(4) The above exclusions and limitations also apply to our vicarious agents.

(5) Liability under a guarantee or the German Product Liability Act (ProdHaftG) remains unaffected.

9. Governing Law, Jurisdiction

(1) The laws of the Federal Republic of Germany apply. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. For consumers, this only applies to the extent that mandatory consumer protection laws of their home country are not restricted.

(2) For business transactions with merchants, legal entities under public law or special public funds, the place of jurisdiction is our business location. However, we may also choose to sue at your place of business.