Service
Terms and Conditions

1. Delivery/delivery reservations
The acceptance of your order becomes effective with our dispatch of the goods. We deliver as long as the articles are on stock. Our online database is constantly being updated in order to ensure the availability of the goods offered in our online shop. OBOY Retail GmbH on principle reserves the right of rescission from a sales agreement (cf. § 346 ff. BGB). This can occur in case of repeated problems connected with dispatch, delivery or returns.
Ordered goods are normally shipped within one day after receipt of the order. In case of prepayment goods are normally shipped within one day after the monies have been credited to one of our accounts.

2. Warranty
Should any of the delivered articles have obvious material or manufacturing defects including transport damages, please notify us immediately.
For all further defects of the goods noted during the legal warranty period the legal rights of performance, removal of defects or new delivery apply according to our choice.
In case of a specific article’s being unavailable we might decide to deliver an article equivalent in quality and value (substitute article). You may return this article within 14 days if you are not satisfied. In case of the unavailability of an ordered or substitute article we are entitled to withdraw from the obligation of delivery while simultaneously engaging ourselves to inform you immediately of the unavailability and to refund any possible trade-offs without delay.

3. Exchange and return

Should an article fail to meet your expectations, please return it to us within 30 days of receipt unused, undamaged and in the original packaging.

German Customers:

Right to return goods
You can return any item within 30 days of receipt for a refund of that item or to exchange it for a different size or colour. Shipping the goods or the request for return on time is sufficient to observe this deadline. Shipment or request for return is to be addressed to: OBOY Retail GmbH, Perchtinger Strasse 10, 81379 München. In all cases, the items returned must be in their original condition, which includes tags and any packaging.

Consequence of returning goods
In case of an effective return of goods the trade-offs mutually received are to be rescinded and if need be any usages (e.g. advantages of use) to be given up. In case of a devaluation of the goods a reimbursement may be demanded. This does not apply when the devaluation can be ascribed exclusively to an examination of the goods as it might have taken place in a retail shop. Incidentally you can avoid the obligation of reimbursement by not handling the goods as your property and by refraining from any action that might lead to a devaluation (hence please stay partially dressed even when trying on underwear).

Returns are free for German customers. Please fill in the yellow return note and use the white return label, enclosed with your goods (of the particular delivery). We recommend you obtain proof of posting.

International Customers:

Right to return goods
You can return any item within 30 days of receipt for a refund of that item or to exchange it for a different size or colour. Shipping the goods or the request for return on time is sufficient to observe this deadline. Shipment or request for return is to be addressed to: OBOY Retail GmbH, Perchtinger Strasse 10, 81379 München. In all cases, the items returned must be in their original condition, which includes tags and any packaging. Please note, that you are required to return unwanted orders at your own cost.

Consequence of returning goods

In case of an effective return of goods the trade-offs mutually received are to be rescinded and if need be any usages (e.g. advantages of use) to be given up. In case of a devaluation of the goods a reimbursement may be demanded. This does not apply when the devaluation can be ascribed exclusively to an examination of the goods as it might have taken place in a retail shop. Incidentally you can avoid the obligation of reimbursement by not handling the goods as your property and by refraining from any action that might lead to a devaluation (hence please stay partially dressed even when trying on underwear).

4. Shipping and handling
Charges for shipping, handling and insurance of the goods vary according to the mode of dispatch of your choice. The Deutsche Post AG charges an additional fee for COD shipments within Germany on delivery. Incidental taxes and customs duties for shipment to countries outside of the European Union (EU) will be borne by you. Shipping charges, COD fees, taxes and customs duties are nonrefundable. We will bear the shipping charges for all shipments within Germany and Austria (standard delivery). From a value of goods of 99 EUR per order we will bear the shipping charges for all shipments within the European Union (EU) and to Switzerland (standard delivery). From a value of goods of 200 EUR per order we will bear the shipping charges for all other international shipments (standard delivery). Standard delivery: Germany and Austria free shipping, Belgium, Netherlands, Denkmark, United Kingdom and France 5.90 EUR, EU incl. Switzerland 12.90 EUR, other countries 29.90 EUR.
Express delivery
: Germany 16.90 EUR, EU incl. Switzerland 22.90 EUR, USA, Canada, Mexico 34.90 EUR, Australia, Japan, Hongkong 37.90 EUR, other countries 50.00 EUR.

Delivery per COD (for Germany only)
The Deutsche Post and UPS charge additional fees for COD shipments (charge for COD plus fee for the monetary transaction). The proportional share of these fees to be borne by you amounts to 4.00 EUR. This additional fee will be itemized separately when listing the shipping charges.
There is an additional processing fee of 15 EUR for refused or unclaimed COD shipments. In case of partial deliveries you will pay the shipping charges only once!

5. Retention of title
OBOY Retail GmbH retains the title to the goods until the full discharge of the payment including all additional fees.

6. Prices and payment
We will charge the prices applicable on the day of your order. All prices include the VAT respectively valid. Additional services will be charged separately. Payment may be made on account, via direct debit, credit card, COD or prepayment. To ensure against the credit risk we must reserve the right to discharge your requested delivery via COD or prepayment only according to the respective solvency. In individual cases we reserve the right to deliver the goods only after a down payment. We will inform the customer of this sufficiently in advance and coordinate this with him.

Payment on account
The invoice total is due after receipt of goods. In case of delay of payment by the customer we are authorized to demand interest for delay of 5% over the bank rate of the Deutsche Bundesbank respectively valid. The invoice total for the first payment on account is limited to 150 EUR.

Payment via credit card
Your credit card will normally be charged on the day of delivery.

Payment via prepayment
Delivery of the goods normally takes place within one day after the monies have been credited to one of our accounts. The customer bears the ensuing transfer costs for all transfers.

 

Bank details Stadtsparkasse
Beneficiary: OBOY Retail GmbH, München
Bank: Münchner Bank eG
Bank identifier code (within Germany):  701 900 00
Account no.: 0005934338
BIC: GENODEF1M01
IBAN: DE96 7019 0000 0005 9343 38


7. Privacy policy
Data necessary for the business transaction are recorded and may where appropriate and in the course of processing the order be passed on to affiliated companies.
Data thus passed on may only be used by the recipient in discharge of his duties. During the term of the customer relationship and the existence of the rescindable customer account and in order to verify solvency your address and credit data will be referred to the infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden and for customers from austria to Deltavista GmbH, Diefenbachgasse 35, A-1150 Wien. In addition we will use and process your address and order data both for our own and for other marketing purposes and to this end will pass on these data to third parties. Data processing will respect your personal privacy in accordance with the legal provisions and will use your data in an admissable way only. You may of course prohibit the use of your data for promotional purposes at any time. In this case please notify us in writing at: OBOY Retail GmbH, Datenschutzbeauftragter, Perchtinger Strasse 10, 81379 München.

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8. Copyright
Copyright OBOY Retail GmbH. All pictures in our catalogs and the pages of our online shop including any images contained therein are protected by the provisions of the German copyright law following § 72 Urheberrechtsgesetz. Publication, copying, distribution or imitation of any of the contents is subject to prior written authorization by OBOY Retail GmbH.

9. Merchant designation
OBOY Retail GmbH
Perchtinger Str. 10
81379 München
Germany
Executive directors: Manfred Nerb, Konrad Nerb, Werner Molter
HRB 101079 Amtsgericht München
VAT-ID: DE 154 519 813
Tax ID: 143/192/20306

10. Disclaimer for links
In case of direct or indirect links to external websites ("hyperlinks") beyond the realm of responsibility of OBOY Retail GmbH a liability on their part would only become effective if OBOY Retail GmbH was aware of the contents and it would be technically feasible and reasonable to prevent use in case of illegal content. OBOY Retail GmbH hereby expressly declares that at the time when the links were placed no illegal contents were discernible on the websites to which the links would be leading. OBOY Retail GmbH has no influence whatsoever on the current and future layout, contents or copyright of the websites linked or referred to. Therefore OBOY Retail GmbH hereby expressly distances itself from all contents of all websites linked or referred to which were altered after the links had been placed. This statement applies to all links and references within the internet sites of OBOY Retail GmbH as well as to external postings in guestbooks, discussion forums, link directories, mailing lists and in all other forms of databases installed by OBOY Retail GmbH whose contents are externally accessible. In case of illegal, faulty or incomplete contents and especially in case of damages incurred from the use or non-use of information thus offered only the owner of the respective websites linked or referred to is liable, not he who has merely linked or referred to the respective publication.


As of December 19th, 2012