For online trading, the following General Terms and Conditions in the version valid at the time of conclusion of the contract shall apply exclusively between Olea Trade GmbH & Co. KG Hochfeldstr. 23 93055 Regensburg and the purchaser (also referred to as “customer”). Olea Trade GmbH & Co. KG does not recognize any deviating terms and conditions of the customer unless Olea Trade GmbH & Co. KG has expressly agreed to their validity in writing. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Contract conclusion
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to the customer to submit an offer to conclude a purchase contract.
By clicking on the “Buy now” button (or similar) at the end of the ordering process or by placing an order by email, telephone, fax, or other means of communication, the customer submits a binding offer to conclude a purchase contract (order) for the goods contained in the shopping cart or the respective message.
The automatic confirmation of receipt of the order by email does not constitute acceptance of the offer (order) by Olea Trade GmbH & Co. KG. Depending on the payment method, the purchase contract is only concluded upon express acceptance of the offer, payment of the purchase price, or delivery of the goods.
3. Delivery
Olea Trade GmbH & Co. KG is entitled to make partial deliveries and issue partial invoices, provided this is reasonable for the customer. If additional transport costs are incurred as a result of partial delivery, these shall be borne by Olea Trade GmbH & Co. KG. Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. The following applies to consumers: The risk of the sold item is only transferred to the customer when the item is handed over by the transport service provider, even if partial deliveries are made. If goods are delivered with obvious transport damage, Olea Trade GmbH & Co. KG requests that such defects be reported to the delivery service as soon as possible and that Olea Trade GmbH & Co. KG be contacted immediately. Failure to make a complaint or contact Olea Trade GmbH & Co. KG has no consequences for legal claims and their enforcement, in particular the customer's warranty rights. However, a complaint helps Olea Trade GmbH & Co. KG to assert its own claims against the carrier or the transport insurance company. For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration is transferred to the customer as soon as Olea Trade GmbH & Co. KG has delivered the item to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) applies between merchants. If the customer fails to give notice as regulated therein, the goods shall be deemed to have been approved, unless there is a defect that was not apparent during the inspection. This shall not apply if Olea Trade GmbH & Co. KG has fraudulently concealed a defect. The start of the specified delivery period is subject to the timely and proper fulfillment of the purchaser's obligations. The right to plead non-performance of the contract is reserved. If the purchaser is in default of acceptance or culpably violates other obligations to cooperate, Olea Trade GmbH & Co. KG is entitled to demand compensation for the damage incurred as a result, including any additional expenses. Further claims are reserved. The customer, for its part, reserves the right to prove that no damage at all or at least significantly less damage than claimed has been incurred. Statutory claims and rights of the customer due to a delay in delivery remain unaffected.
4. Due date and payment
For end consumers, prices are quoted in euros including the applicable value added tax.
For businesses, prices are quoted in euros excluding the applicable value added tax after providing the VAT ID number. For end consumers, prices are quoted in euros including the applicable value added tax. For businesses, prices are quoted in euros excluding the applicable value added tax after providing the VAT ID number. The prices quoted at the time of ordering apply. Payment can be made using the payment methods specified in the online shop. Olea Trade GmbH & Co. KG GmbH reserves the right to exclude individual payment methods. When paying by PayPal, credit card, direct debit, and instant transfer, the invoice amount will be debited immediately after receipt of the order. When purchasing on account, the invoice amount is due 14 days from the invoice date. If, after conclusion of the contract, Olea Trade GmbH & Co. KG becomes aware of facts that indicate a poor financial situation on the part of the customer (reminders issued against the customer, bill protests, foreclosures, etc.) or if the value of all orders exceeds the sum of outstanding invoices or orders already shipped at the time of a new order by 50 euros, Olea Trade GmbH & Co. KG may demand advance payment of the purchase price. Return debit fees incurred by Olea Trade & GmbH Co. KG due to incorrect account details or insufficient funds will be charged to the customer. If the customer defaults on payment, Olea Trade GmbH & Co. KG is entitled to charge default interest at the statutory rate above the base rate announced by the Deutsche Bundesbank. If Olea Trade GmbH & Co. KG has incurred higher damages due to default, Olea Trade GmbH & Co. KG is entitled to claim these. The customer, for their part, can prove that higher damages due to default have not been incurred.
5. Coupons
Coupons can be used to purchase goods from Olea Trade GmbH & Co. KG. Coupons are applied to the invoice amount, not to shipping costs. Olea Trade GmbH & Co. KG distinguishes between purchase coupons and promotional coupons. Purchase vouchers can be purchased by customers and redeemed in full or in part in the online shop or in one of the branches of Olea Trade GmbH & Co. KG until the end of the third calendar year after the date of purchase. Promotional coupons are issued voluntarily by Olea Trade GmbH & Co. KG as part of advertising/marketing campaigns. A promotional coupon can only be redeemed once and only before completing an order in the Pallito/Olea Trade GmbH & Co. KG online shop. Olea Trade GmbH & Co. KG may exclude certain goods from the coupon promotion. No remaining credit is possible with promotional coupons. In the event of a complete or partial cancellation of the order, the amount to be refunded to the customer is reduced by the proportion of the value of the promotional coupon that corresponds to the ratio between the value of the returned goods and the total order. If a partial cancellation of the order results in the value of the goods falling below the minimum purchase value/minimum order value applicable to the promotional coupon, the redeemed promotional coupon will subsequently become invalid. In this case, Olea Trade GmbH & Co. KG may demand the shortfall from the customer and/or offset it against the amount to be refunded due to the cancellation. Promotional coupons are non-transferable and cannot be combined with other promotional coupons. The following applies to both types of coupons: The value of the goods in the order must at least correspond to the minimum purchase value/minimum order value of the promotional coupon to be redeemed. The value or residual value of a coupon will not be paid out in cash.
6. Set-off and retention
The customer is only entitled to offset counterclaims if his counterclaims have been legally established, recognized by Olea Trade GmbH & Co. KG, or are undisputed, or if they relate to claims for defects on the part of the customer that serve to produce the contractual service, or if his counterclaim is in a synallagma (reciprocal relationship) with the service to be offset.
7. Payment options
You can pay in advance or by credit card (Visa, Mastercard, American Express). Your card will be charged when you complete your order.
8. Shipping and shipping costs
Within Germany, Olea Trade GmbH & Co. KG delivers non-bulky goods with DHL for the specified shipping costs. Olea Trade GmbH & Co. KG charges individual shipping fees for international shipments. Olea Trade GmbH & Co. KG has no influence on delivery times to other countries.
9. Customs
In the customs forms for packages sent to countries outside the EU, the value of the items contained in the shipment is listed by product type. If the order is a gift (the shipment must have a US sender/gift giver, not Olea Trade GmbH & Co. KG), the package will be marked ‘gift’; however, the prices/value of the goods will still be shown on the customs form. Customs or import duties are payable by the customer; Olea Trade GmbH & Co. KG has no influence on these fees and cannot predict their amount. If a certificate of origin is required for the shipment of the goods, delivery may be delayed by 6-8 weeks.
10. Retention of title
Olea Trade GmbH & Co. KG retains ownership of the delivered goods until all claims arising from the purchase contract have been paid in full. The customer is obliged to treat the purchased item with care until ownership has been transferred to them. Until ownership has been transferred, the customer must notify Olea Trade GmbH & Co. KG immediately in writing if the delivered item has been seized. If the third party is unable to reimburse Olea Trade GmbH & Co. KG for the judicial and extrajudicial costs of a successful action to establish the ownership of Olea Trade GmbH & Co. KG and enforcement against the third party has been unsuccessful, the customer shall be liable for the loss incurred by Olea Trade GmbH & Co. KG. Olea Trade GmbH & Co. KG undertakes to release the securities to which it is entitled at the customer's request if their value exceeds the claims to be secured by more than 20%. The following also applies to entrepreneurs: Olea Trade GmbH & Co. KG retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. The customer may resell the goods subject to retention of title in the ordinary course of business; the customer assigns to Olea Trade GmbH & Co. KG in advance all claims arising from this resale in the amount of the invoice amount, irrespective of whether the goods subject to retention of title are combined or mixed with a new item. Olea Trade GmbH & Co. KG accepts this assignment. The customer remains authorized to collect the claims, but Olea Trade GmbH & Co. KG may also collect claims itself if the customer fails to meet its payment obligations.
11. Warranty
The customer first has the choice of whether the subsequent performance should take the form of repair or replacement. However, Olea Trade GmbH & Co. KG is entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not entail any significant disadvantages for the customer. During subsequent performance, the customer is not entitled to reduce the purchase price or withdraw from the contract. A repair is deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If the subsequent performance has failed or if Olea Trade GmbH & Co. KG has refused to perform the subsequent performance altogether, the customer may, at his discretion, demand a reduction in the purchase price (abatement) or declare his withdrawal from the contract. The customer may only assert claims for damages due to the defect if the subsequent performance has failed or if Olea Trade GmbH & Co. KG has refused to perform the subsequent performance. The customer's right to assert further claims for damages in accordance with the statutory provisions remains unaffected. The warranty period is two years from delivery of the purchased item. This period also applies to claims for compensation for consequential damage caused by defects, provided that no claims arising from tort are asserted.
12. Liability
Notwithstanding the above provisions and the following limitations of liability, Olea Trade GmbH & Co. KG shall be liable without limitation for damage to life, body, and health resulting from a negligent or intentional breach of duty by the legal representative or vicarious agents, as well as for damages covered by liability under the Product Liability Act, and for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent on the part of the legal representative or vicarious agents. Olea Trade GmbH & Co. KG is also liable for simple negligent breach of a duty that is essential for achieving the purpose of the contract (cardinal duty). In this case, the liability of Olea Trade GmbH & Co.KG is limited in amount to the damage that is foreseeable and typical for the type of transaction in question. A contractual obligation is essential if its fulfillment is a prerequisite for the proper execution of the contract, its breach jeopardizes the achievement of the purpose of the contract, and the contractual partner regularly relies on its compliance. Beyond this, any liability on the part of Olea Trade GmbH & Co. KG is excluded.
13. Cancellation policy
Olea Trade GmbH & Co. KG grants consumers the following right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (Olea Trade GmbH & Co. KG Hochfeldstr. 23 93055 Regensburg Phone: +49-941-6021687 Email: contact@pallito.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email).
You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient to send the notification of your exercise of the right of cancellation before the cancellation period expires.
To comply with the cancellation period, it is sufficient to send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to Olea Trade GmbH & Co. KG, Hochfeldstr. 23, 93055 Regensburg, Germany, immediately and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
We will bear the costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it to us.)
– To Olea Trade GmbH & Co. KG Hochfeldstr. 23 93055 Regensburg Email: contact@pallito.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s) – Signature of the consumer(s) (only for paper notifications)
– Date (*)
Delete as appropriate.
*=Mandatory field
Exceptions to the right of withdrawal
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Olea Trade GmbH & Co. KG grants consumers the following right of withdrawal. Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us (Olea Trade GmbH & Co. KG Hochfeldstr. 23 93055 Regensburg Phone: +49-941-6021687
Email: contact@pallito.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient to send the notification of your exercise of the right of cancellation before the cancellation period expires.
14. Returns and extended right of return
Every package shipped within Germany usually includes a DHL return label. In the event of a return, the customer must pack the goods securely and carefully. If this is not possible in individual cases due to the nature of the goods (e.g., bulky goods), Olea Trade GmbH & Co asks the customer to contact them.
15. Schlussbestimmungen
German substantive law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and jurisdiction for all disputes arising from and in connection with this contract is the registered office of Olea Trade GmbH & Co. KG, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law. Olea Trade GmbH & Co. KG is then also entitled to bring legal action at the customer's general place of jurisdiction. If, after conclusion of the contract, the customer moves his place of residence or habitual abode outside the territory of the Federal Republic of Germany, the place of jurisdiction for all disputes arising from this agreement shall be the registered office of Olea Trade GmbH & Co. KG The same shall apply if the customer has his place of residence or habitual abode abroad. The wording of the contract and these terms and conditions in German shall be authoritative.
