General Business Terms and Conditions

This is an translation. The valid version is written in German.

OPUS Online Shop - General Business Terms and Conditions

The following business terms and conditions are presented in German and can be downloaded to the customer's working memory for printing. Optionally, these can be requested in digital or written form from www.opus-fashion.com or from the email address. They are also displayed during every order.

The following general terms and conditions apply exclusively to contracts with private customers that have been concluded through the online shop of OPUS Handels GmbH (hereinafter OPUS online-shop).

The customer can choose and order products on the website www.opus-fashion.com. The customer receives a separate description for each product on the respective website. The customer can click on his preferred products on the Website. These are collected in a virtual cart. The customer receives a compilation of the products for the total end price inclusive of value added tax. Before dispatching the order, OPUS online-shop offers you the possibility to check your order for content accuracy, especially on price and quantity, and to amend it, if necessary.

Right of return

The customer can return the received article within 14 days without stating any reason by sending it back. The period begins upon receipt of this notification in writing (e.g. as a letter, fax, e-mail), but not before receipt of the goods (in the recurring supply of similar goods before receipt of the first partial delivery) and also not prior to fulfilment of our information obligations according to article 246 § 2 in connection with § 1 paragraph 1 and 2 of the Introductory Statue to the Civil Code (EGBGB) as well as our obligations pursuant to § 312e paragraph 1 sentence 1 of the Civil Code (BGB) in connection with article 246 § 3 of the Introductory Statue. Only in the event of goods that cannot be dispatched by package (e.g. bulky items), you may declare their return in writing as well. To comply with the notice period, timely dispatch of the article or of the return demand is sufficient. In any case, the OPUS online shop will bear the costs and the risk of the return shipment. The return or the request to take the item back must be addressed to:

Consequences of return

In the case of effective return, the services received on both sides must be returned and any benefits derived surrendered. In case of deterioration of an article and for benefits(e.g. benefits from usage) which cannot be derived in the deteriorated state, you must provide compensation accordingly. For the deterioration of the article and for any derived benefits, the customer has to provide compensation only when these are somehow connected with handling of the article that exceeds the inspection of the characteristics and functioning. “Inspection of the characteristics and functioning” means testing and trying out goods as possible and common in retail shops. You must satisfy obligations to reimburse payments within 30 days. This period begins for the customer with dispatch of the article or the return request and for the OPUS online shop after receipt of the article.

Prices are given in EURO and include the legally valid value added tax. The value added tax rate and portion will be shown on the invoice.

The internet catalogue of the OPUS online shop merely represents a sales prospectus; by displaying products on the web pages, the OPUS online shop invites the customers to place offers (orders). The OPUS online shop confirms receipt of the order of the customer via e-mail. The OPUS online shop reserves the right to reject the conclusion of the contract and the decision in this regard lies at the discretion of the OPUS online shop. The OPUS online shop will immediately inform the customer in such a case. Besides this, the customer must possess an address for delivery within the Federal Republic of Germany or Austria. The notice of acceptance of the OPUS online shop is delivered together with the article. The OPUS online shop does not sell any items to minors even if they are specifically intended for children. The OPUS online shop only sells its items to adults.

The OPUS online shop delivers to the ordering address specified by the customer. Delivery is only possible within the Federal Republic of Germany or Austria. The minimum order value is 25.00 EUR. Delivery to post boxes is not available. The delivery will be carried out through DHL. If the customer notices that an article has been damaged during its transport, he is requested to inform OPUS online shop immediately. The OPUS online shop points out that this is not a prerequisite for exercising the legal right of return or making claims on base of defects.

The customer can pay the purchase price using a credit card (Visa, MasterCard), giropay, bank account, cash on delivery or invoice. For payment by credit card debiting takes place after the goods are shipped. The customer affirms that he is entitled to pay using a credit card. The purchase amount becomes due on receipt of the invoice. Payment by cash on delivery: In addition to the original value of the article, OPUS charges an additional fee of 2.00€ for this mode of payment which has to be paid directly to the courier service upon delivery. This fee would be reimbursed if the customer produces claims based on defects of the article that lead to reversal of the purchase agreement or if the customers makes use of his right to return the article. If a coupon is redeemed when placing an order, only a single coupon would be accepted for each order. It is specifically ruled out that several coupons of the same type or even different type are redeemed for a single order. Principally, cash payment of e-Shop coupons is likewise ruled out. The OPUS online shop checks and assesses details concerning the customer’s use of any data given by credit agencies at the same time and it may reject a certain mode of payment if there is a legitimate reason for it. For credit checks and solvency control, data exchange takes place in particular with:

If the customer does not accept the goods at the agreed place of delivery, or does not collect the goods within an appropriate period from a DHL parcel shop, the OPUS online shop is then entitled to withdraw from the contract upon fruitless lapse of a grace period of 14 days. In this case, the OPUS online shop is entitled to claim 12% of the net price as compensation, provided that the customer does not prove that a minor or no damage has resulted. The OPUS online shop reserves the right to allege damage caused on a larger scale.

The article delivered remains property of the OPUS online shop until the complete payment has been made.

The Opus online shop is liable for defects in the goods according to the legislative provisions, in particular the §§ 434 ff. BGB. The customer is granted guarantee only when it has been issued separately by the Opus online shop. The customer uses the original packing for return delivery as long as possible. The Opus online shop wants to point out that enforcing warranty and/or compensation claims as well as exercising the right of return do not depend on this.

The website is property of the OPUS online shop and is operated by it. All content on the website inclusive of the texts, graphs, photos, still images, moving images, sounds, illustrations and software (hereinafter ”CONTENT”) is property of the OPUS online shop and/or its subsidiary companies, licence holders and/or content providers. All elements of the website including the general design and content are protected by the copyright law and other laws. Unless otherwise stated on the website, any copying, adaptation, translation, storage or processing of the content, in particular the dissemination of any image and/or text material on third party platforms, e.g. eBay, is expressly prohibited. All brand labels, service marks, and brand names used herein are - unless otherwise specified - brand labels or registered trademarks of the OPUS online-shop. Without previous written approval of the OPUS online shop, the customer is not authorised to use the brand name in any similar way or to copy, reproduce, republish, upload, send, transfer, distribute or change it.

The OPUS online shop will respect all the data protection guidelines, especially the regulations of the protection of telecommunication data. For more information about our data protection policy, view the section “OPUS online shop, data protection policy”.

The contract language is German.

If one or more of the clauses constituting these conditions is or becomes ineffective, the remaining clauses remain effective. The OPUS online shop and the customer will replace the ineffective condition with another that is economically most appropriate for the contract parties.

Version number of the General Terms and Conditions: 2011.002, Dated: 30.06.2011