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General terms and conditions with customer information

  1. Scope
  2. Conclusion of contract
  3. Prices and payment terms
  4. Delivery and shipping conditions
  5. Right of withdrawal
  6. Retention of title
  7. Liability for defects
  8. Redemption of gift vouchers
  9. Redemption of promotional vouchers
  10. Applicable law
  11. Jurisdiction
  12. Information on online dispute resolution
  13. Competition

  1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Heppner und Stolle GbR" (hereinafter referred to as "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller for the goods offered by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is excluded unless otherwise agreed.

1.2 These Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly stated otherwise.

1.3 A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to his or her commercial nor his or her independent professional activity.

1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

  1. Conclusion of contract

2.1 The presentation of the goods, particularly in the online shop, does not constitute a binding offer from the seller.

2.2 First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all the data required for order processing is recorded. At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods in the shopping cart.

2.3 The seller accepts the customer's offer through the following possible alternatives: - sending a written order confirmation or an order confirmation in text form (fax or email) or - requesting payment to the customer after placing the order or - delivery of the ordered goods. The first alternative that occurs is decisive for the time of acceptance. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this represents the rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4 The text of the contract concluded between the seller and the customer is stored by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the general terms and conditions on this page at any time. The order data, the cancellation policy and the general terms and conditions are sent to the customer by email. After completing the order, the text of the contract is accessible to the customer free of charge via their customer login, provided they have opened a customer account.

2.5 All entries made are displayed before clicking the order button and can be viewed by the customer before sending the order and corrected by pressing the browser's back button or using the usual mouse and keyboard functions. In addition, the customer has buttons for making corrections, where available, which are labelled accordingly.

2.6 The contract language is German.

2.7 It is the customer's responsibility to provide a correct email address for contact and order processing, as well as to set the filter functions so that emails concerning this order can be delivered.

  1. Prices and payment terms

3.1 The prices displayed are final prices including statutory sales tax, unless otherwise agreed. If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the relevant customs or tax authorities or to credit institutions. The customer is advised to inquire about the details from the relevant institutions or authorities before ordering.

3.3 The customer can select the payment methods available in the online shop.

3.4 In case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

  1. Delivery and shipping conditions

4.1 Goods will be delivered by post to the delivery address provided by the customer.

4.2 If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect recipient or other circumstances that make delivery impossible, these must be reimbursed by the customer, unless the customer is not responsible for the incorrect information or impossibility. The same applies if the customer was temporarily prevented from accepting the service, unless the seller had adequately announced the service beforehand. Excluded from this regulation are the costs of delivery if the customer has effectively exercised his right of cancellation. In this case, the statutory regulation or the regulation made by the seller applies.

4.3 Self-collection is not offered.

4.4 Vouchers are provided to the customer in the following form:

- by email

- via download

- by post

  1. Right of withdrawal

5.1 If the customer is a consumer, he or she generally has a right of withdrawal.

5.2 The Seller’s cancellation policy applies to the right of cancellation.

5.3 Consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded, have no right of withdrawal.

  1. Retention of title

If the seller makes advance payments, the goods remain the property of the seller until the purchase price has been paid in full.

  1. Liability for defects

7.1 With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these General Terms and Conditions.

7.2 The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. Failure to do so will have no effect on the customer's legal or contractual claims for defects.

  1. Redemption of gift vouchers

8.1 Vouchers purchased through the Seller's online shop ("gift vouchers") can only be redeemed in the Seller's online shop.

8.2 Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance will be credited to the customer's voucher account until the expiry date.

8.3 Gift vouchers can only be redeemed before the order process is completed. They cannot be redeemed subsequently.

8.4 Multiple gift vouchers can be redeemed within one order.

8.5 Gift vouchers can only be redeemed for the purchase of goods. The purchase of additional gift vouchers cannot be paid for using the voucher.

8.6 If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

8.7 Balances on gift vouchers will not be paid out and will not accrue interest.

8.8 Gift vouchers are generally transferable. The seller can make a payment to the customer who redeems the respective gift voucher with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, incapacity or lack of authority to represent the respective holder.

  1. Redemption of promotional vouchers

9.1 Vouchers that the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion. The specific restrictions can be found in the promotional voucher, if applicable.

9.4 Promotional vouchers can only be redeemed before the order process is completed. They cannot be redeemed subsequently.

9.5 Only one promotional voucher can be redeemed per order. It is not possible to redeem multiple promotional vouchers in one order.

9.6 The value of the goods in each order must be at least the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.

9.8 The balance of a promotional voucher will not be paid out or accrue interest.

9.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.10 Promotional vouchers are generally transferable. The seller can make a payment to the customer who redeems the respective gift voucher with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, incapacity or lack of authority to represent the respective holder.

  1. Applicable law

10.1 The law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

10.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they are not members of a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

  1. Jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity. Nevertheless, in the aforementioned cases the seller is also entitled to take legal action before the court at the customer's place of business.

  1. Information on online dispute resolution

The EU Commission’s online dispute resolution platform can be accessed online at the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

  1. Competition

13.1 General: Participation in the competition is only possible if these conditions of participation are taken into account. The competition is run by Heppner und Stolle GbR, Gabriel-von-Seidlstraße 2a in 82031 Grünwald. This competition has no connection with Instagram. Instagram does not serve as a contact person regarding this competition.


13.2 Conditions of participation: Any natural person aged 18 or over who is resident in the European Union may take part in the competition. The prize specified under 13.4 will be raffled off among all users who have taken part in the competition during the specified period and have submitted all the required data.
 On April 2nd, 2023, two prizes will be raffled off on the official @ohgivi Instagram page (https://www.instagram.com/ohgivi/?hl=de).
The period of possible participation begins on the above-mentioned day at 9:00 a.m. and ends on April 10, 2023 at 11:59 p.m. Participation is possible for the first time on April 2, 2023 at 10:00 a.m. and for the last time on April 10, 2022 until 11:59 p.m. Multiple entries from a single user will be counted as one entry. Cash payment of the prize is not possible. Legal recourse is excluded.


 13.3 Participation: To take part in the competition, the competition post must be liked and commented on within the competition period. The participant must also link a friend and ask them to follow the @ohgivi account. The participant assures that they will not post any illegal content in their comment.


13.4 Profit: The prize will be raffled off once. The following prizes will be raffled off:

Package prize 1: 1x pregnancy set, consisting of 1x cycling leggings shorts, sweater, T-shirt and blouse

Package prize 2: 1x mommy set, consisting of 1x cycling leggings short, long sleeve, T-shirt and blouse

Cash payment of prizes is excluded. If the prize cannot be made available for whatever reason, the organizer reserves the right to award a prize of equivalent value.

13.5 Selection procedure: The winners will be drawn at random after the competition has ended. The winners will be selected at random. Legal recourse is excluded.


13.6 Winning notification: The winners will be notified by a comment on their comment under the competition post. Participants will be asked to contact @ohgivi using the message function to accept their prize and provide their address details. By participating in the competition, participants consent to this type of contact. If no response is received within a week, the prize will be forfeited and a new winner will be determined. Prizes will be sent by post. If the package is not received at the winner's delivery address or if shipping is not possible for other reasons, Heppner and Stolle GbR is not obliged to resend the prize. Upon shipping, the risk of deterioration and accidental loss passes to the winner. The prize is not transferable.


13.7 Liability: Claims for damages against Heppner und Stolle GbR are excluded from legal grounds unless they have intentionally or grossly negligently violated legal obligations. Furthermore, Heppner und Stolle GbR is not liable for damages resulting from the impairment of the availability of the competition website in the event of technical faults and force majeure events that cannot be influenced. Heppner und Stolle GbR reserves the right to adapt, change or cancel the competition if necessary. Heppner und Stolle GbR assumes no liability for the content of posts and comments made by participants. The participant releases us from any claims of third parties of any kind that result from the illegality of contributions published by the participant. Legal recourse is also excluded here.


13.8 Severability Clause: Should individual provisions of these terms and conditions of participation be invalid or contain a gap in the regulations, this shall not affect the validity of the remaining provisions. The invalid or missing provisions shall be replaced by a provision that comes closest to the purpose of the contract and the statutory provisions.


 13.9 Place of jurisdiction / Applicable law: In the event of disputes, German law shall apply exclusively. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.


13.10 Data protection information: The user name used on Facebook will be saved to process the competition. In the event of a win, the winner's name and address details will also be collected after notification by the winner and saved to determine the winner. The legal basis for the respective data processing arises from Art. 6 Paragraph 1 Letter b of GDPR. In the event of a win, the personal data we collect will be passed on to the transport company commissioned by us.