Terms of Service
Terms of Service
GENERAL TERMS AND CONDITIONS
of the commercial company Hey Ho, Let's Go!, s.r.o., Company ID: 10803912, with registered office at Osadní 869/32, Holešovice (Prague 7), 170 00 Prague,
for the sale of goods via the online store located at the address www.olioclothing.com
Information you should not overlook:
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You can choose the payment method and delivery option during the order process.
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By pressing the ORDER AND PAY button, you enter into a purchase contract with us for the given goods and are obliged to pay us the purchase price.
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If we indicate that the goods are in stock, we undertake to deliver the goods until the time specified in Section 9 of these Terms and Conditions.
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A consumer customer has the right to withdraw from the purchase contract without stating a reason within a period of 14 days.
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More information about complaints and returns can be found in our complaints policy.
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The protection of our customers' personal data is very important to us. Information about what personal data we process, why and how, can be found in the personal data processing policy.
1. WHO ARE WE?
Hey Ho, Let's Go!, s.r.o.
Registered office: Osadní 869/32, Holešovice (Prague 7), 170 00 Prague
Company ID: 10803912
VAT ID: CZ10803912
Company registered in the Commercial Register of the Municipal Court in Prague under file no. C 348753/MSPH, represented by the Municipal Court in Prague,
(hereinafter referred to as the "Seller" or "we")
2. HOW CAN YOU CONTACT US?
Phone: +420 775 595 045
E-mail: info@olioclothing.com
3. WHAT OTHER TERMS ARE REPEATED IN OUR GENERAL TERMS AND CONDITIONS?
e-mail address – the customer's email address stated in the user account, in the order, or in any other form;
e-shop – our online store operated on the website;
purchase contract – an obligation containing a whole range of rights and duties – us as the seller and you as the buyer, which we enter into together based on your order of our goods on our website;
Civil Code – Act No. 89/2012 Coll., Civil Code;
entrepreneur – a natural person or legal entity that conducts systematic business activity – in their own name, for their own account and for the purpose of achieving profit; we follow the principle that a customer who states their Company ID/VAT ID or company details in an order legally deals with us as an entrepreneur;
consumer – every natural person who legally acts without any connection to their business activity or independent performance of their profession;
T&C – these General Terms and Conditions, i.e., the rules that bind both us and you when entering into a purchase contract;
website – internet address olioclothing.com;
customer – you, the buyer, whether you are a consumer or an entrepreneur.
4. WHAT MUST WE INFORM ALL CUSTOMERS BEFORE ENTERING INTO A PURCHASE CONTRACT?
4.1. Seller's Authorization and Control Authorities. The Seller is authorized to sell goods based to trade licensing authorization. Trade control is carried out within its scope by the relevant trade licensing office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
4.2. Illustrative Nature of Product Photographs. All photographs on the website are for illustrative purposes only.
4.3. Goods, Price, Costs.
4.3.1 Description of our goods including their main properties can be found on our website.
4.3.2 Goods prices are stated including VAT, including fees established by law.
4.3.3 We do not charge any additional costs for telecommunication means (e.g., if you call our phone number, you will pay only your regular phone call rate).
4.4. Payment Options. Specific conditions of payment methods and transport options are described in more detail during the order itself or on our website. We will deliver the goods to you via the carrier you choose from the options we offer.
4.5. Binding Nature of Order. By submitting the order by pressing the "ORDER AND PAY" button in our online store, the customer creates a binding order, which obliges the customer to pay. The customer has the opportunity to check and correct or change their order before sending it, as described in more detail in Section 7 of these T&C.
4.6. Binding Nature of T&C. By submitting the order, you also confirm that you have familiarized yourself with the content of these T&C.
4.7. Customer Rights from Defective Performance. Customer rights from defective performance, or from warranty, and conditions for their application are described in Section 12 of these T&C, or in our complaints policy.
5. WHAT MUST WE INFORM CONSUMER CUSTOMERS BEFORE ENTERING INTO A PURCHASE CONTRACT?
5.1 Right to Withdraw from Purchase Contract. A consumer customer has the right to withdraw from the purchase contract without stating a reason (unless stated otherwise) within a period of 14 days, which begins to run at the latest:
5.1.1 for a purchase contract, from the day of receipt of the goods; or
5.1.2 for a purchase contract with delivery in multiple items/parts, from the day of receipt of the last delivery of goods; or
5.1.3 for a purchase contract, whose subject is regular repeated deliveries of goods, from the day of receipt of the first delivery of goods;
with the understanding that the consumer has the right to withdraw from the purchase contract even before the time moment specified in Articles 5.1.1 to 5.1.3, by informing us of their intention to withdraw from the purchase contract, by any unambiguous statement, for example by filling out and sending the form for withdrawal from purchase contract or by stating it to our email: info@olioclothing.com
5.2 When It Is NOT POSSIBLE to Withdraw from the Purchase Contract. The consumer is not authorized to withdraw from the following contracts:
5.2.1 on delivery of goods that has been customized and/or created to the customer's request or for their person;
5.2.2 on delivery of goods in a sealed package, which the consumer removed from the package and due to health protection or hygienic reasons it is not suitable to return after the consumer has breached it, which also applies to audio or video recordings and computer programs, if the customer breached their original package;
5.2.3 on provision of services, if they have been provided in full extent; in case of performance for payment, only if it began with the customer's previous explicit consent before the withdrawal period expired and the entrepreneur instructed the consumer before entering into the contract that providing performance causes the right to withdraw from the contract to disappear;
5.2.4 on delivery of digital content, if it was not delivered on a tangible medium and was delivered with your previous explicit consent before the withdrawal period expired and we told you before entering into the purchase contract that in such case you do not have the right to withdraw from the purchase contract.
5.3 Consumer Obligation When Withdrawning from Purchase Contract. If the consumer withdraws from the purchase contract, they are obliged to send the goods back to us acquired based on the purchase contract from which they withdrew, at the latest within 14 days from the moment of withdrawal from the purchase contract. The consumer customer is obliged to send the goods back or return them completely, i.e., including all delivered accessories, all documentation, clean, undamaged and if possible including original packaging, in the state and value in which they received it.
5.4. Decrease in Goods Value. The customer in case of withdrawal from the purchase contract is responsible for the decrease in value of returned goods or goods sent back, which occurred due to handling the goods in a way other than necessary to familiarize themselves with the nature, properties and functionality of the goods. In case that damaged or incomplete goods will be returned to us, we will deduct our claim for damage compensation against the purchase price you request to be returned. We will always evaluate the specific case to determine the extent of damage, devaluation of goods and determine the corresponding decreased value. We will inform you about these steps by email or by phone.
5.5. Address for Returning Goods. Contact us preferably through the online form or email info@olioclothing.com
so we can agree on an individual procedure. Then send the goods back to the address of our registered office. The customer pays the costs for returning goods when withdrawing from the purchase contract on their own costs, unless we agree otherwise.
5.6. Return of Purchase Price. In case of withdrawal from the purchase contract within the withdrawal period, we are obliged to return all money to the consumer, in the same payment method as when receiving the money, or to the account you choose, at the latest within 14 days from withdrawal from the purchase contract. Please note that we are authorized to return the money only when we receive the returned goods back from you.
5.7. Complaints. We provide non-judicial handling of consumer complaints via email info@olioclothing.com
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5.8. Non-Judicial Dispute Resolution. For non-judicial resolution of consumer disputes from the purchase contract, the Czech Trade Inspection Authority is competent, with registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs
. The platform for online dispute resolution found at internet address http://ec.europa.eu/consumers/odr
can be used for resolving disputes between the seller and customer from the purchase contract.
5.9. European Consumer Centre CZ. European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz
is the contact point according to Regulation of the European Parliament and Council (EU) No. 524/2013 of 21 May 2013 on consumer dispute resolution online and on amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online consumer dispute resolution).
5.10 Reviews. Reviews, if we allow it, will be possible to enter directly on our website or through our provider. In such case, the review can be entered by a customer for whom we have verified that they really bought goods from us. More information can be found on our website. We reserve the right not to publish customer reviews that are false, contain inappropriate expressions, or are not related to the purchased goods.
5.11 Damage Caused by Incorrect or Incomplete Information. We waive any responsibility for damage caused by incorrect or incomplete information or advice, especially in cases where achieving a certain result depends on the activity of the recipient or other persons, or on uninfluenceable facts or chance.
6. REGISTRATION, USER ACCOUNT AND LOYALTY SYSTEM
6.1 Registration. If you buy from us, we will automatically create a user account for you. If you wish to buy from us as an unregistered customer, please let us know at our email address, we will gladly accommodate you. If you decide to register, you will have better overview of your order history, status of new order, etc. Customer registration is done on the website by filling out the registration form. To create a registration, it is necessary to confirm that you have familiarized yourself with the content of these T&C and with the personal data processing policy.
6.2 Obligation to State True and Correct Data. When registering on the store website and when ordering goods, the customer is obliged to state all data correctly and truthfully. The customer is obliged to update the data stated in the user account when changing any of them. The data stated by the customer in the user account and when ordering goods are considered correct by the Seller.
6.3 User Account. Using email and chosen secure password, you can access your user interface (hereinafter "user account"), where you can among other things also place orders for goods.
6.4 Blocking User Account. The customer is obliged to maintain confidentiality regarding information necessary for access to their user account. The customer is not authorized to allow third parties to use the user account. We can block the user account after three (3) unsuccessful login attempts. We do this from a security perspective, so that especially misuse of your user account does not occur. If your user account is blocked, please contact us at email info@olioclothing.com
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6.5 Possibility to Cancel User Account When Not Used. We can cancel the user account, especially in case the customer does not use their user account for more than 1 year, or in case the customer breaches their obligations from the purchase contract according to these T&C.
6.6 Necessary Maintenance. The customer acknowledges that the user account may not be available continuously, especially due to necessary maintenance.
6.7 Loyalty Program. If we offer our customers a loyalty program, more information can be found on our website.
7. HOW TO ORDER AND ENTERING INTO PURCHASE CONTRACT
7.1 Creating Order. By adding goods to the cart, choosing the method of transport and payment for selected goods, and filling out contact and billing details, the customer creates their order on the e-shop.
7.2 Product Properties. The customer is obliged to familiarize themselves with the properties, type and recommended method of using the goods before completing the order. By placing the order, the customer confirms that they have familiarized themselves with this information and understand it.
7.3 Order Check. Before completing the order, the customer is allowed to check and change the data they entered in the order.
7.4 Order Sending Process. The order is sent by clicking the "ORDER AND PAY" button and the order process is concluded by this. By sending the order, the customer confirms that they approved these General Terms and Conditions and read our personal data processing policy.
7.5 Truthfulness of Data Filled in Order. The data stated in the order are considered correct by the Seller. If it is discovered during order processing that obviously false or incomplete data were used, we can reject the order, about which you will be informed by email. The customer may be responsible for damage caused by stating intentionally false or incorrect data.
7.6 Additional Order Confirmation by Customer. The Seller is authorized, depending on the character of the order (quantity of goods, amount of purchase price, expected transport costs), to request additional confirmation of the order from the customer (for example by email or by phone) and further is authorized to request the customer to clarify the correctness of the selection of the quantity of goods.
7.7 When Does the Purchase Contract Enter Into Effect? The purchase contract enters into effect at the moment of pressing the "ORDER AND PAY" button.
7.8 Order Confirmation by Seller. The customer who completes the order will receive from us automatic confirmation of order delivery to the email address.
7.9 Seller's Obligations. By entering into the purchase contract, we undertake to deliver the purchased goods to you and enable you to acquire ownership rights to the goods.
7.10 Buyer's Obligations. By entering into the purchase contract, you undertake to accept the goods and pay us the goods price.
7.11 T&C and Forms for Withdrawal from Purchase Contract. The consumer customer also receives the form for withdrawal from the purchase contract within the legal period. The customer will have all versions of our current and previous T&C available on our website.
7.12 Remote Communication Means. The customer agrees to the use of remote communication means when entering into the purchase contract. Costs arising for the customer from using remote communication means in connection with entering into the purchase contract (costs for internet connection, costs for phone calls) are paid by the customer themselves, and these costs do not differ from the basic rate.
8. GOODS PRICE AND PAYMENT METHODS
8.1 Price. All goods prices are stated in Czech korunas (CZK) and are stated including VAT. The goods price is valid for the period during which it is displayed on the e-shop website, but this does not mean that we cannot enter into a purchase contract with some of our customers under individually agreed conditions.
8.2 Payment Method. The goods price, and possible costs connected with delivery of goods according to the purchase contract, you can pay us by the methods stated in the fourth step of the order (Transport and Payment), specifically:
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online payment card via Shopify Payments platform;
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ShopPay, GPay, Apple Pay;
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within CZ, SK – cash on delivery.
The customer chooses the payment method during the order.
8.3 Deposit on Goods Price. We can request a deposit or other similar payment from the customer.
8.4 Packing and Shipping Costs. On the website of our e-shop in the cart during the order, you will also find information about costs connected with packing and delivery of goods. The amount of costs connected with packing and delivery of goods will depend especially on the chosen carrier and the place where the goods will be delivered. Orders with minimum total price stated on our website, we will deliver to you free.
8.5 Price for Goods Delivery. Together with the purchase price, the customer is obliged to pay us also possible costs connected with packing and delivery of goods and possible surcharge for the chosen payment method. Unless stated explicitly otherwise, the purchase price is understood to also include costs connected with delivery of goods. Before binding completion of the order, the customer will be informed about the final price containing also packing and shipping costs.
8.6 Discounts on Goods Price. Possible discounts on goods price provided by us to customers cannot be combined with each other.
8.7 Unrealistic Goods Price. In case of display of unrealistic price in amount of 0 CZK (words: zero Czech korunas) or display of highly non-market price, where non-market price is considered such price that is below our purchase price, we reserve the right to remove this item from the order. The customer will be informed about this fact by email address.
8.8 Invoice Form. We agree that invoices will be sent electronically, to the email address.
8.9 Gift Vouchers. We offer you the possibility to purchase gift vouchers in the amount we offer on our e-shop. Each voucher has its unique code and will be sent after payment of the purchase price to your email. You can use only the full amount of the voucher, not use it in parts. The voucher has validity marked on the voucher, at least 6 months from its purchase. To use a gift voucher on the website, it is necessary to fill in the field in the "cart" section, where you enter the unique gift voucher code. The gift voucher value is subtracted from the total price of your purchase in the cart. Please note that the voucher code will be sent to you in electronic form. Pay increased attention to its further handling. Forging or altering the voucher is not allowed. Its forgery can also be a criminal offense. It is not possible to withdraw from the purchase contract in case the gift voucher has already been used.
9. EVERYTHING YOU SHOULD KNOW ABOUT GOODS DELIVERY
9.1 Delivery Time of Goods. If it is stated for the goods that it is in stock, then we usually ship the goods with a delivery period of 3 business days from order receipt, and we undertake to deliver the goods within maximum thirty (30) days from the moment of entering into the purchase contract. This delivery time does not apply to goods that will be customized to the customer's request (in these cases, delivery time will always be agreed individually). Sometimes it can happen to us that goods marked "in stock" are sold out in a short time moment. If the situation occurs that the goods are exhausted and we are not able to deliver the goods you ordered within the specified time, we will contact you to agree on further procedure. In case it is stated for the goods that it is "Sold Out", we will agree the delivery time with you individually, because its delivery depends on the possibilities of our subcontractor. Nevertheless, we try to prepare and deliver the order to the customer as soon as possible within the stated delivery time.
9.2 Transport Method, Personal Pickup. The customer has the choice to select transport of goods to any address via our contractual carrier for the transport price stated during the order.
9.3 Acceptance of Goods. When transporting goods to a consumer customer, the goods are delivered by us at the moment when the carrier delivers the goods to the customer at the delivery place (usually first doors/gates/fence at the delivery place designated by the customer). Precisely at the moment of acceptance of goods by the customer, the risk of damage and accidental quality deterioration of purchased goods transfers to the customer. In case of personal pickup of goods by the customer, the goods are considered delivered at the moment of acceptance by the customer or another person designated by the customer.
9.4 Costs for Special Transport Method. In case the transport method is agreed based on a special request of the customer, the customer bears the risk and possible additional costs connected with this transport method.
9.5 Repeated Delivery and Costs Connected. In case it is necessary for reasons on the customer's side to deliver the goods repeatedly or in another way than designated in the order, the customer is obliged to pay the costs connected with repeated delivery of goods, or costs connected with another delivery method.
9.6 Damage That Can Occur to Seller from Non-Acceptance of Goods. If the consumer customer does not accept the goods during delivery by the carrier, the goods are subsequently returned to the Seller and simultaneously the consumer customer does not withdraw from the purchase contract within 14 days from unsuccessful delivery of goods, the Seller is authorized to request from the customer the costs charged by the carrier for delivery of goods back to the Seller. This cost represents damage for the Seller that occurred from breach of customer's legal obligations according to § 2913 paragraph 1 of the Civil Code. The Seller is simultaneously authorized to charge a fee for storage of goods in amount of 200 CZK (words: two hundred Czech korunas) and further the Seller is authorized to withdraw from the purchase contract.
9.7 Non-Acceptance of Goods in Relation to Entrepreneur. If the entrepreneur customer does not accept the goods during delivery by the carrier, the goods are subsequently returned to us as the Seller, we are authorized to request from the entrepreneur customer the costs charged by the carrier for delivery of goods back to our address. This cost represents damage for the Seller that occurred from breach of entrepreneur customer's legal obligations according to § 2913 paragraph 1 of the Civil Code. The Seller is simultaneously authorized to charge a fee for storage of goods in amount of 200 CZK (words: two hundred Czech korunas) and further is authorized to withdraw from the purchase contract.
9.8 Possibility of Deducting Claims. We are authorized, in accordance with § 2913 of the Civil Code, to unilaterally deduct the claim for storage costs of goods and the claim for damage compensation from breach of customer's legal obligations according to this part of T&C against the customer's claim for return of purchase price.
9.9 Customer Obligation When Accepting Goods. The customer is obliged to check the goods when accepting it and verify its properties (especially whether the customer received the correct type of goods, whether the goods has the agreed quality, whether the goods in its packaging contains everything that according to the manual it should contain). In case of visible damage to the shipment by the carrier, the customer is obliged to not accept such shipment from the carrier at all. We do not bear responsibility for damage caused by the carrier, or late delivery of goods, whether the delay was caused by any reason.
10. RETENTION OF TITLE
10.1 Complete Payment of Purchase Price. We reserve for customers the retention of title to the goods until complete payment of the purchase price according to the relevant purchase contract. This means that if you do not pay the purchase price, you do not become the owner of the given goods.
10.2 Retention Against Entrepreneur Customers. For entrepreneur customers, we retain title to the goods until all claims we have against them are paid. The customer is obliged to handle the goods with retention of title with due care and insure it on their own costs sufficiently, for case of damage, for the value of new goods.
11. WITHDRAWAL FROM PURCHASE CONTRACT
11.1 Consumer Right to Withdraw from Purchase Contract. The right of the consumer customer to withdraw from the purchase contract is governed according to the provisions stated in Section 5 of these T&C.
11.2. Entrepreneur Right to Withdraw from Purchase Contract. Entrepreneur customers have the right to withdraw from the purchase contract that corresponding legal regulations allow them. The entrepreneur customer does not have the right to withdraw from the purchase contract without stating a reason within 14 days; this right belongs only to the consumer. If the entrepreneur customer returns goods to us and it is not about noting defects according to the Civil Code, we inform them that we can charge them costs for storage of this goods according to points 9.6 and 9.7 of these T&C and simultaneously call on the entrepreneur customer for return collection of this goods.
11.3 Unpaid Purchase Price. If the customer did not pay the purchase price properly and in time, we can withdraw from the purchase contract.
11.4 Procedure When Stocks Are Sold Out. We are authorized to withdraw from the purchase contract due to sold out stock of goods, or due to unavailability of ordered goods. Further we can withdraw from the purchase contract especially in case the customer refused to accept the goods.
11.5 Gift. If the customer receives a gift together with the goods and subsequently withdraws from the purchase contract with us, they are obliged to return this gift to us too. The gift contract between us and the customer is thus entered into with so-called resolutive condition, that if withdrawal from the purchase contract by the customer occurs, the gift contract regarding such gift loses effectiveness.
12. WHAT IF THE GOODS WILL HAVE DEFECTS
12.1 Reference to Civil Code. Rights and obligations of contractual parties regarding rights from defective performance are governed according to relevant generally binding legal regulations (especially § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
12.2 Reference to Complaints Policy. Further rights and obligations of parties related to our responsibility for goods defects is regulated in our complaints policy.
13. PERSONAL DATA PROTECTION
13.1 Personal Data Processing Policy. The protection of our customers' personal data is very important to us. Rules for handling personal data and rules for sending commercial communications are regulated in our personal data processing policy.
13.2 Cookies. We use so-called cookies, which can be stored on the end device (either based on consent, or for protection of our legitimate interests). The customer can set preferences directly on our website, where they find information about cookie usage.
14. FORCE MAJEURE
14.1 What Is Force Majeure. For the purposes of these T&C, force majeure is considered any event independent on the Seller's will, which prevents fulfillment of their obligations and which could not be predicted or its consequences avoided or overcome. Force majeure is considered especially natural catastrophe, fire, explosion, floods, earthquake, terrorist attack, war, strike or other events (including situations caused due to spread of COVID-19 disease), which are beyond control of contractual parties.
14.2 Exclusion of Seller Liability. During the duration of force majeure, the Seller does not respond for non-fulfillment of their obligations from the purchase contract, thus these T&C.
15. WHAT YOU SHOULD KNOW IN CONCLUSION
15.1 What Law Governs Our Legal Relationship? The legal relationship between us will be governed by the legal order of the Czech Republic, especially the Civil Code. This also applies in case of existence of so-called international element. However, we are aware that the consumer customer cannot be deprived by this choice of protection that provisions of the legal order of the country where they have usual residence provide them.
15.2 Obligation to Respect Consumer Rights. In case of unintentional conflict of provisions of these T&C with legal regulations on consumer protection, these provisions have priority and the Seller undertakes to comply with them thus.
15.3 Invalid or Ineffective Provision of T&C. If any provision of T&C is invalid or ineffective, or becomes so, instead of invalid provisions, provisions will enter whose meaning approaches the invalid provision as closely as possible. Invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
15.4 Exclusion of Vienna Convention. The contractual parties agree that they explicitly exclude the application of the UN Convention on Contracts for the International Sale of Goods (United Nations Convention on Contracts for the International Sale of Goods, or also Vienna Convention), in accordance with Article 6 of this convention.
15.5 Disputes and Jurisdiction. The contractual parties further agree that for resolution of possible disputes from the purchase contract, where an international element is present, the courts of the Czech Republic for the Prague district will always be locally and subjectively competent. This does not affect consumer rights according to special legal regulations. The contractual language is Czech.
15.6 Archiving of Purchase Contract. The purchase contract in the version of T&C is archived by us in electronic form and is not accessible to third parties.
15.7 Form for Withdrawal from Purchase Contract. The form for withdrawal from the purchase contract is an integral part of these T&C.
15.8 If We Agree on Different Conditions for Entering into Purchase Contract. The provisions of T&C are an integral part of the purchase contract. Provisions deviating from T&C can be agreed in the purchase contract. Deviating agreements in the purchase contract have priority over the provisions of T&C.
15.9 Necessity of Accepting T&C for Entering into Purchase Contract. Acceptance of these T&C is voluntary, but it is necessary for creating a user account or order by the customer.