Terms & Conditions
1 Internet platform
1.1 Otto Wilde Grillers Inc. (“Otto Wilde Grillers”) operates the online shop ottogrills.com on the internet. Among other things, Otto Wilde Grillers consists of the website ottogrills.com (the “Otto Wilde Grillers website”) and other contents, which Otto Wilde Grillers provides directly on the internet (“services”). You do not need to be a member to visit the Otto Wilde Grillers website (“user”). A user must not be a member to purchase products. A user must register to become a member (§ 3). You will receive personal information about impending sales campaigns via Otto Wilde Grillers’s e-mail service, provided that you have agreed to receive these e-mails. The prices shown on the website are final and include VAT. Freight costs will be shown separately in a manner comprehensible to you.
2 Validity of the general terms and conditions
2.1 By declaring your agreement at the time of registration, you also declare your agreement with the application of these General Terms and Conditions (hereinafter referred to as “GTCs”). These GTCs define the conditions under which you may use the services provided by Otto Wilde Grillers.
2.2 You can print these GTCs at any time via the “GTC” link on the Otto Wilde Grillers website for your reference.
2.3 The general terms and conditions of users, members and partners will not apply to any direct business with Otto Wilde Grillers, even if not explicitly refuted by Otto Wilde Grillers and/or if Otto Wilde Grillers provides services without objection. This also applies if the user, member or partner has prescribed a special format for filing objections. Deviating terms and conditions will not apply unless this has been explicitly confirmed in writing in advance by Otto Wilde Grillers.
2.4 The contract language is German.
3 Registration, termination and restriction of membership
3.1 Registration with the Otto Wilde Grillers is free of charge. By registering you become a member. However, registration and membership do not give rise to any costs or obligation to purchase on your part. There is no legal entitlement to the conclusion of a contract as a result of registering or becoming a member.
3.2 The data requested during the registration process and during the life of the membership must be provided fully and correctly, including in particular a fully functional e-mail address, as a precondition for membership. Where the data provided to Otto Wilde Grillers change, the member is obliged to update his account with immediate effect.
3.3 You may only register once as a member of Otto Wilde Grillers. Simultaneous registration of several membership accounts is not permitted. Any circumvention of these regulations is prohibited and may result in the termination of your membership by Otto Wilde Grillers.
3.4 Members are obliged to keep their password confidential and to prevent any unauthorised access to their member account. Members are obliged to inform Otto Wilde Grillers with immediate effect if there is any indication that a member account has been or might be abused by a third party.
3.5 Otto Wilde Grillers will delete member accounts that have been inactive for a period of 6 months or whose holders can no longer be reached at the e-mail address stated.
3.6 Members can cancel their membership of Otto Wilde Grillers with immediate effect at any time free of charge. A cancellation may take the form of an e-mail sent to customer services.
3.7 Otto Wilde Grillers can duly cancel any member’s membership at any time, subject to a notice period of 14 days.
3.8 Otto Wilde Grillers may block, restrict or terminate a member’s membership without adherence to this notice period if there is reason to believe that the member has violated legal regulations, the rights of third parties, these GTCs or the shop regulations. When choosing a measure, Otto Wilde Grillers takes into account the legitimate interests of the member concerned, especially whether there are any indications that the member is not responsible for the violation.
4 Conclusion of contract and reservation of title
4.1 The description of products and presentation of goods on the Otto Wilde Grillers website in the course of sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order goods or services. There is no legal claim to the availability and deliverability of the products advertised. Sales campaigns are only directed at consumers within the meaning of § 13 of the BGB, i.e. any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities. Only the normal volume required by a household may be ordered. Otto Wilde Grillers reserves the right in due course to make orders under sales campaigns subject to fulfillment of certain individual conditions. To order a product advertised by Otto Wilde Grillers, you must take the following steps: Proceed to checkout. Enter the delivery and payment information. Actively agree to the General Terms and Conditions and the Cancellation Policy. Send your order by pressing the “Place Order” button. By forwarding your online order, you are making Otto Wilde Grillers an offer to conclude a legally binding contract. By clicking on the “Place Order” button, you are placing a binding order for the goods in the basket, confirming that you are authorised to place such an order, i.e. minors must have the permission of their legal representatives. Immediately on receipt of your order, you will receive an automated e-mail in which the receipt of your offer will be confirmed, thus concluding the contract. All goods remain the property of Otto Wilde Grillers until full payment of the purchase price has been received and all claims resulting from the sale have been settled. You will not be entitled to dispose of the goods before transfer of ownership. If third parties should institute claims for the goods, you are obliged to inform Otto Wilde Grillers immediately. If, before concluding the contract, Otto Wilde Grillers finds that the ordered product is not available, we will immediately inform you about this and reimburse any payments already received. If, after concluding a contract, Otto Wilde Grillers should find that the product ordered is not available as a result of late or incorrect delivery (including delivery shortfalls) by our suppliers (where Otto Wilde Grillers is not responsible), unexpectedly and despite the fact that we have concluded a contract for delivery of the goods in question with the supplier, we reserve the right to withdraw from the contract. In this case Otto Wilde Grillers will immediately inform you about the non-availability of the product you have ordered and immediately reimburse any payments already received from you. Otto Wilde Grillers is entitled to reject any offers made by you without citing reasons. Otto Wilde Grillers particularly reserves the right to reject an offer where: the delivery address is outside Germany or Austria; there are indications that the person ordering the goods is not a consumer; an order exceeds the normal volume required by a household; the payment is not received, even after a reminder has been sent and a payment period stipulated.
5.1 The prices shown on the website are final and include VAT for EU countries. In Switzerland, Australia, Canada and the United States, local tax may apply. Freight costs will be shown separately in a manner comprehensible to you. For all countries other than Germany shipping costs may apply.
5.2 A return label will either be sent to you at delivery or is available via Otto Wilde Grillers customer service. You can speed up the return process with filling the return label and adding it to the returned goods. This process is not mandatory, however, to make use of the right of withdrawal.
5.3 Returns, cancellations and partial cancellations decrease the order value. Thus, delivery costs can be caused by returns, cancellations and partial cancellations. This will be reflected in the reimbursement process.
6.1 EU Countries
6.1.1 Otto Wilde Grillers is offering customers from Germany payment via credit card (Visa and MasterCard exclusively), PayPal, Sofortüberweisung and Klarna Invoice. Otto Wilde Grillers reserves the right to exclude specific payment methods for specific countries, goods, customers and orders.
6.1.2 Otto Wilde Grillers is offering customers from Austria, Switzerland, Belgium, Netherlands, Luxemburg, France, Italy, Sweden, Denmark, Finland and UK the payment methods credit card (Visa and MasterCard) and PayPal.
6.1.3 The payment is due immediately upon conclusion of contract, except payments made via Klarna.
6.1.4 For payments via credit card (Visa or MasterCard) Otto Wilde Grillers will charge the amount within 6 days after the order is placed if the contract is established. In case of credit card payment, Otto Wilde Grillers preserves the right to pursue a solvency check.
6.1.5 Payments via credit card, PayPal and Sofortüberweisung are executed via PAYONE GmbH, Fraunhoferstraße 2-4, 24118 Kiel, legal representatives: Jan Kanieß, Carl F. Zitscher, HRB 6107 Amtsgericht Kiel.
6.1.6 Payments via Klarna Invoice
In collaboration with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we are offering purchase on account. Please note that Klarna is only available for customers and the payment has to be made to Klarna.
In case of payment with Klarna the customer does not need to indicate his bank account details. The customer will pay only after he has received the order. Please note that a delivery address different from the invoice address is not possible in this case.
When using Klarna Invoice the customer will first receive his order and then make the payment. This means that you can shop, and review your products at home. After this, you have 14 days to pay the invoice. You do not need to provide any sensitive data, buying via Klarna Invoice is completely riskfree. More information and Klarna’s complete Terms and Conditions can be found here.
Klarna privacy statement
Klarna checks customer data and – in case of reasonable grounds – pursues a solvency check with other companies and credit agencies. In case of insufficient solvency, Klarna can reject the payment method to the customer. All personal information will be treated according to privacy laws and will not be forwarded to third parties. More on Klarna’s privacy statement.
For more information on Klarna please visit www.klarna.de
6.2 International countries
For the United States, Canada and Australia Otto Wilde Grillers offers payment of pre-orders via credit card (Visa and Mastercard only). Otto Wilde Grillers reserves the right to exclude specific payment methods for specific countries, goods, customers and orders. Your credit card data is necessary for pre-ordering. Payments via credit card will be carried out by Stripe.
7 Use of the Otto Wilde Grillers website
7.1 Otto Wilde Grillers offers the services solely within the framework of the acknowledged state of technology. Otto Wilde Grillers may restrict the services where this is required owing to capacity limits, the security or integrity of the server or to carry out technical activities to provide for or to improve existing services (maintenance work). For technical reasons in particular, it may sometimes not be possible to make full use of the services (unforeseen system failures).
7.2 It is prohibited to use the services in a manner that violates statutory obligations, the rights of third parties or public morals. It is furthermore prohibited to make use of the services in a manner that constitutes abuse or that may adversely affect the reputation of Otto Wilde Grillers. In particular, it is prohibited to use the services for the following purposes: to carry out and/or promote anti-competitive activities, including progressive customer recruitment (such as chain, pyramid or snowball schemes); to make use of content that is deemed pornographic or that violates youth protection laws or to advertise, offer and/or sell pornographic products or products that violate youth protection laws; to abuse our services by, for example, making use of malware such as “robot-reader”, “spider-reader” or “offline-reader”; to upload content subject to copyright to our service, unless the user has the right to the use of such content or has obtained the required permission; to use Otto Wilde Grillers in a manner that adversely affects the availability of our services to other users; to disseminate offensive, racist or otherwise illegal content or information via our services, including slanderous or libelous content, irrespective of whether this content concerns other users, employees of the company or other persons or companies; to use photos with a defamatory, offensive, racist or otherwise illegal or immoral content; to send out chain letters; to intercept or attempt to intercept messages; to advertise for shopping clubs; to send out messages for any commercial purpose; to make use of our services to threaten or unduly harass other people (especially by sending them spam mail) or to violate the rights of third parties (including their personal rights); to make use of the temporary e-mail addresses of so-called 10-minute mail services; and/or to publish the names, addresses, telephone or fax numbers, e-mail addresses, user names and/or other contact data of messenger services.
7.3 Otto Wilde Grillers has checked and uploaded its own content on the Otto Wilde Grillers website to the best of its knowledge and belief. Otto Wilde Grillers does not generally verify the content published by third parties on the Otto Wilde Grillers website. Nor does Otto Wilde Grillers generally verify other websites that can be reached by clicking on the Otto Wilde Grillers website, thus no responsibility can be taken for the form, accuracy, appropriateness or quality of such content. Otto Wilde Grillers will remove or suppress any content uploaded by third parties or refuse to provide links if Otto Wilde Grillers should find that there is any indication that the content uploaded or other websites might infringe the law or violate these GTCs.
8 Conditions governing competitions, lotteries or campaigns
8.1 The following conditions apply to any competitions, lotteries or other campaigns (hereinafter referred to as “promotions”) organised by Otto Wilde Grillers: The winners or beneficiaries are selected from all persons who have participated in the campaign and have fulfilled the requirements stipulated by Otto Wilde Grillers. The winners or beneficiaries are informed by Otto Wilde Grillers via the e-mail address they stipulated at the time of registration. If the e-mail contains the stipulation that the winner or beneficiary is obliged to contact Otto Wilde Grillers within a specific period to accept the prize, entitlement to the prize will expire once this period has passed if the winner has failed to make such contact. The prizes or benefits awarded as part of a promotion cannot be exchanged or paid out in cash. The participants in a promotion agree that, in the event of winning, their names will be mentioned on the Otto Wilde Grillers website and in other Otto Wilde Grillers services as well as in press releases. Otto Wilde Grillers may exclude participants from a promotion if they have manipulated the competition or promotion mechanisms by using unfair means or in violation of these GTCs. At its own discretion, Otto Wilde Grillers may punish such manipulations by excluding the perpetrators from membership with Otto Wilde Grillers. Otto Wilde Grillers reserves the right to cancel promotions or to extend them beyond the original
9 Inviting friends, product and sales campaign recommendations
9.1 Members can invite other friends to join Otto Wilde Grillers on the Otto Wilde Grillers website. Members also have the option of recommending sales campaigns or individual products to third parties by e-mail.
9.2 Members undertake to forward newsletters, sales campaigns and product recommendations only to the e-mail addresses of existing, living natural persons who have previously expressed an interest in this regard and who have explicitly consented to receive the corresponding e-mail. In the event of a dispute, a corresponding written statement in this regard will be required.
10 Promotional coupons
10.1 The following conditions apply to Otto Wilde Grillers promotional coupons (and mutatis mutandis Otto Wilde Grillers credit balances): Otto Wilde Grillers coupons for goods can be redeemed for all products uploaded on the Otto Wilde Grillers website unless the redemption of Otto Wilde Grillers coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party; such is expressly indicated in either instance. The purchase price of the products ordered must at least equal the value of the coupon, unless otherwise indicated at the time the coupon is issued. Otto Wilde Grillers coupons for freight costs can be redeemed against the freight costs incurred when ordering products on the Otto Wilde Grillers website, unless the redemption of Otto Wilde Grillers coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party. Promotional coupons are provided in the form of codes made available to you personally. Usually, codes expire once they have been used. The period of validity and/or minimum order value or other conditions are determined by Otto Wilde Grillers and announced as part of the corresponding promotion. In this case, the minimum order value refers to the purchase price, including value-added tax. Freight costs are not taken into account. Only one Otto Wilde Grillers coupon can be used per order and several Otto Wilde Grillers coupons may not be combined. If you cancel the purchase of an item for which you have used an Otto Wilde Grillers coupon, the coupon amount will not be reimbursed and the coupon cannot be used again. This does not apply if you have obtained the Otto Wilde Grillers coupon directly from Otto Wilde Grillers against payment. You cannot acquire an Otto Wilde Grillers coupon using an Otto Wilde Grillers coupon that you have not directly obtained against a monetary payment. Otto Wilde Grillers coupons cannot be paid out in cash or attract interest. Otto Wilde Grillers coupons are personally issued to a member and cannot be transferred to third parties. Where Otto Wilde Grillers becomes aware of the transfer of a coupon, Otto Wilde Grillers reserves the right to declare the corresponding coupon invalid. Where Otto Wilde Grillers has indicated that the coupon is valid only for new customers, such a coupon will only be issued when a person registers as a member of Otto Wilde Grillers for the first time. With the exception of a loss of a coupon for which Otto Wilde Grillers is responsible, Otto Wilde Grillers does not accept liability for the loss or theft of any coupon. Replacement coupons are only issued when Otto Wilde Grillers is liable for the loss of the coupon. The shop regulations may contain further conditions or restrictions for the redemption of promotion coupons; alternatively, such conditions or restrictions may be indicated when issuing the coupon.
- 11.1 Delivery will be fulfilled to the address stated on your order. You are responsible that delivery can take place during usual business hours.
- 11.2 Otto Wilde Grillers does not assume procurement risk. Otto Wilde Grillers is only responsible for fulfilling orders from current stock or from goods ordered from suppliers. The obligation of fulfilment is not applicable any more if Otto Wilde Grillers took every measure possible within general business standards to make delivery happen. Potential pre-paymens will be reimbursed.
- 11.3 In cases of force majeure delivery times will be delayed accordingly. The following cases are cases of force majeure amongst others: strike, lockouts, regulatory interference, shortages of energy and raw materials, transportation bottlenecks, business hold-ups due to fire, water or dysfunctional machinery as well as lightening, as well as all hold-ups due to reasons Otto Wilde Grillers could not foresee or prevent in a reasonable manner. Starting and end dates of such delays will be communicated to you by Otto Wilde Grillers immediately.
- 11.4 Otto Wilde Grillers reserves the right to withdraw from the contract if delivery fails three times due to your failure. Payments already made by you will in this case be reimbursed by Otto Wilde Grillers.
- 11.5 Otto Wilde Grillers would be grateful if you could inform the delivery provider as well as Otto Wilde Grillers immediately about damages clearly resulting from transportation. Your information will not influence your right of withdrawal, but will help Otto Wilde Grillers pursue its claims against the delivery provider.
- 11.6 Delivery for pre-orders will take place at the date stated in the confirmation mail. Your credit card will only be charged at the date of delivery.
12 Cancellation policy
12.1 Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the model withdrawal form below but it is not obligatory.
12.2 Sample withdrawal letter:
(If you want to withdraw from this contract please fill out this form and send it back to us.)
Otto Wilde Grillers Inc.
80 Pine Street, Floor 24
New York, NY 10005
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sales of the following goods (*)/for the provision of the following service (*).
– Ordered on (*)
– Received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
12.3 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
You can send us the model withdrawal form via email to [email protected] If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
12.4 Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods to “Otto Wilde Grillers Inc., 80 Pine Street, Floor 24, New York, NY 10005”, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
12.5 Returns procedure: When you make use of your right of withdrawal, please use the return label included in the delivery or contact customer service via [email protected].
13 Service & Complaints
Your happiness is very important to us. That is why we are eager to get back to you as fast as possible. If you have questions or concerns, please contact our customer service:
Otto Wilde Grillers Inc.
80 Pine Street, Floor 24
New York, NY 10005
Phone: +1 (551) 230 7060
(Service hours: MON – FRI 09.00 am – 05.00 pm EST)
14 Warranty and liability
14.1 The warranty is governed in principle by the laws of the Federal Republic of Germany. In the event of a defect in goods you therefore have the legal right to have it remedied (delivery of non-defective goods), to cancel the contract or to receive a price reduction.
14.2 Otto Wilde Grillers’s liability in damages towards consumers is limited. Notwithstanding the nature of the loss or damage, liability in damages is excluded unless provided to the contrary below. Otto Wilde Grillers only has statutory liability where you assert claims in damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or agents. Otto Wilde Grillers only has statutory liability where Otto Wilde Grillers is in culpable breach of a significant contractual obligation. A significant contractual obligation for this purpose is one the fulfilment of which is essential to the due performance of the contract and on compliance with which you are generally entitled to rely. Otto Wilde Grillers also only has statutory liability in the case of culpable death, personal injury or damage to health; this also applies to mandatory liability under the Product Liability Act.
14.3 The same limits on liability in damages towards consumers apply to companies that directly or indirectly participate in sales campaigns contrary to § 4, with the further proviso that liability in damages is limited to foreseeable loss or damage typical of the contract except in the case of liability for willful acts or for death, personal injury or damage to health.
14.4 The aforementioned liability exclusions and limitations with regard to companies or consumers do not apply where Otto Wilde Grillers has given explicit guarantees.
15.1 The user indemnifies Otto Wilde Grillers against all claims by third parties instituted against Otto Wilde Grillers for violating their rights or these GTCs, the shop regulations or laws governing the use of Otto Wilde Grillers. The user agrees to bear the costs of the necessary legal defense, including any court costs and solicitor’s fees, as incurred. This does not apply if the user cannot be held responsible for the violation of the rights of third parties or for any violations of these GTCs, the shop regulations or any laws. The user is obliged to provide Otto Wilde Grillers with all information that may be required to verify the claims and to defend the case – immediately, truthfully and completely – in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the user.
16 Copyright and rights of use
16.1 The content provided by Otto Wilde Grillers is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
17 Concluding conditions
17.1 If individual clauses of these GTCs should be entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In this event the parties undertake to enter into negotiations, with the aim of replacing the invalid clauses or loopholes with clauses that most closely approximate to the original intention of the parties, while maintaining the interests of both parties.
17.2 Only the laws of the Federal Republic of Germany will apply, to the exclusion of the UN Convention on the Sale of Goods and any envoi to foreign law. As a consumer, any binding regulations of the state in which you have your normal place of residence remain unaffected.
17.3 If you are a merchant, legal person under public law or a special fund governed by public law or if you do not have your general place of jurisdiction in Germany or in another EU member state, Düsseldorf will be the place of jurisdiction for any disputes arising from this contract.
17.4 With the exception of shop regulations, no ancillary agreements have been concluded and any such agreements must be made in written form.
Date: 27. March 2020
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