Terms and Conditions

General Terms and Conditions of Business for the OM Digital Solutions Online Shop

Section 1 Scope

For the business relationship between OM Digital Solutions GmbH – UK Branch, 16 Upper Woburn Place, London, WC1H 0AF, registered in the London commercial register under number 966736, VAT number GB 373997631 (hereinafter referred to as “OM Digital Solutions”, “we”, “us”) and the ordering party, the following general terms and conditions (T&Cs) apply according to the version valid at the time of the order. OM Digital Solutions does not recognise any deviating conditions of the ordering party unless OM Digital Solutions agrees to their application in writing.

Contact: eshop.support@om-digitalsolutions.com

Section 2 Concluding the contract

Orders can be exclusively submitted online at the OM Digital Solutions Shop website at https://shop.olympus.eu. Before sending the order, the ordering party can view and modify the data at any time. The ordering party issues a binding offer of contract as soon as the order party clicks on the 'Buy now' button. The order can however only be submitted and transferred if the ordering party sets a tick in the corresponding checkbox to accept these T&Cs and the request is therefore accepted. If the ordering party submits an order, we send an email to them that confirms receipt of the order and lists the details (order confirmation). This order confirmation does not indicate acceptance of the offer, but rather aims to inform the ordering party that we have received the order. We accept the offer to conclude a purchase agreement at the moment in which the ordering party is charged the purchase price either in full or in part. The ordering party waives receipt of the acceptance declaration. If a purchase agreement is not concluded, then we reserve the right to demand back any performance possibly provided by us. The contractual partner is OM Digital Solutions. OM Digital Solutions does not offer any products for sale to minors. Even our products for children can only be purchased by adults.

Section 3 Cancellation right

Consumers are entitled to a right of cancellation under the following condition. A consumer is any natural person with whom a legal transaction is agreed mainly for a purpose that cannot be assigned to their commercial or self-employed business activity:

NOTIFICATION ON THE CANCELLATION RIGHT FOR CONSUMERS
    1. You have the statutory right to cancel this contract within the period stated in Sec. 3.This means that, if you choose that you do not wish to receive a product, for any reason whatsoever, within the relevant period, then you can inform us of your decision to cancel the contract and to receive a refund.

    2. This cancellation right does not apply to:

    (a) sealed products that are unsuitable for return for health or hygienic reasons if the seal is removed after delivery;

    (b) sealed audio or video recordings or sealed computer software if the real was removed after received of such products; or

    (c) any products that were inseparately mixed with other objects after delivery.

    3. Your statutory cancellation right of the contract concluded with us commences on the date on which the contract was concluded. Your deadline for cancellation of the contract is thus dependent on what you have ordered and how it is being delivered, as described below:

    3.1 If your contract pertains to a single product (which is not being delivered in multiple deliveries on various days), then the cancellation period is fourteen days from the date on which you or a third party named by you have received the product.

    3.2 If the contract pertains to either:

    (a) A product delivered in multiple partial deliveries on various days; or

    (b) Multiple products delivered on various days, then the deadline for cancellation is fourteen days after the date on which you have received the last partial delivery of the product or the last of the ordered products.

    4. Cancelling the contract:
    You must merely inform us of your intent to cancel the contract. You may use the provided sample cancellation or write to OM Digital Solutions GmbH – UK Branch, 16 Upper Woburn Place, London, WC1H 0AF, email address: eshop.support@om-digitalsolutions.com. If you contact us by mail or letter, please provide details regarding your order so that we can better assign your letter. If you dispatch your cancellation by email or mail, then your cancellation comes into force effective the date on which you have dispatched the email or letter to us.

    5. If you cancel the contract, we must:

    (a) refund to you the price paid by you for the products. Please note, however, that we are authorised to reduce your refund to reflect a reduction of the value of the goods if such were handled by you in a manner that would not be permitted in a store.

    (b) refund to you the delivery costs paid by you, although the maximum amount to be reimbursed by us pursuant to the statutory requirements corresponds only to the amount incurred for standard delivery method offered by us (insofar as such delivery method is a common and generally recognised delivery method).

    (c) execute the refund to which you are entitled as soon as possible and in any case within the following deadlines:

    (i) if you have received the product: fourteen days after the date on which we have received your returned product or, if earlier, on the date on which you present evidence to us that you have returned the product to us. Information regarding product returns is available in Sec. 8.

    (ii) if you have not received the product: fourteen days after you have informed us of your decision to cancel the contract.

    6. If you have returned the products to us pursuant to these cancellation terms because they are defective or the description was faulty, then you will receive a refund of the full price including any delivery charges as well as reasonable delivery costs incurred by you for the return shipment.

    7. We use the same means of payment that you used for payment of the products.

    8. If a product was delivered to you before you have decided to cancel the contract:

    (a) you are obligated to return the product to us without delay and in any case at the latest within fourteen days from the date on which you informed us of your wish to cancel the contract.

    (b) then we bear the costs of returning the product.

    9. As you are a consumer we are legally obligated to deliver to you products in compliance with this contract and you have statutory rights with regard to faulty products or faulty product descriptions. These statutory rights are not affected by your right to return and refund as described in these cancellation rights or other provisions listed in the general terms and conditions.

END OF CANCELLATION DECLARATION

Section 4 Prices

The price of a product shown on the website is understood as including value-added tax but excluding shipping costs, bank and credit card charges (if nothing further has been stated).

The price stated on the order confirmation is the final price and includes all taxes (including value-added tax). This price includes the price of the product plus any shipment and dispatch costs, bank fees or charges that are due when paying by credit card.

Section 5 Delivery

Delivery is exclusively to within Great Britain. The information on the delivery period is based on expected delivery times notified to us by third parties. We cannot, however, accept liability for the precise compliance with the stated delivery times. Unless the delay is caused by OM Digital Solutions or a partner company and is based on deliberate action or gross negligence, the ordering party has no right to compensation or to cancel the contract due to delayed delivery. If the delivery delay is more than thirty (30 days), the ordering party is entitled to withdraw.

If we are not able to deliver the ordered goods without culpability because our supplier does not fulfil its contractual obligations, we are entitled to withdraw from the contract with the ordering party. In this case, the ordering party is informed without delay that the ordered product is not available. The statutory rights of the ordering party remain unaffected.

If delivery to the ordering party is not possible because the delivered goods do not fit through the ordering party’s entrance door, home door or stairwell, or the ordering party is not present at the delivery address provided although the ordering party was informed about the delivery time in good time, the ordering party bears the costs of unsuccessful delivery.

Section 6 Payment Terms

All payments will be due upon conclusion of the Agreement. OM Digital Solutions reserves the right to assign its claim against the purchaser, including any and all associated rights, to third parties. We generally offer the payment options described below, but we reserve the right - depending on the result of the credit check - to offer you only certain payment methods for your order.

1. PayPal Payments

When using PayPal as a payment method, you pay directly via your PayPal account or by direct debit. Once you have placed your order, you will be forwarded to PayPal, where you will release the payment in the amount of the order value. As soon as our PayPal account has been notified about your payment authorisation, the dispatch will be made according to the respective indicated delivery time.

2. Adyen Payment Methods:

When using a payment method offered by us via our payment service provider Adyen, the payment data may be collected by Adyen. Use of a Adyen payment method will not form any contract between Adyen and the customer. OM Digital Solutions' claims against the purchaser will be assigned to Adyen and the customer will be entitled to make payments to Adyen with debt-discharging effect.

Credit card payment: When paying by credit card (Visa or Mastercard), you will be forwarded to our payment service provider Adyen. There you will pay directly by entering your credit card details. After sending your order and entering your credit card details, your credit card will be charged directly.

3. Klarna Payments:

In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following additional payment options.

Sofort: After placing your order, you will be redirected to the website of online provider Klarna. To pay the invoice amount using Sofort, you must have an online banking account using PIN/TAN that has been activated for participation in Sofort, you must authenticate yourself accordingly and confirm the payment order to us. The payment transaction will then be executed immediately, and your account will be debited.

Section 7 Offsetting, retention

The ordering party only has a right to offset if the counter-claim has been determined in a legally binding manner or is undisputed by OM Digital Solutions. They are also permitted to execute a retention right to the extent to which the counter-claim is based on the same contractual relationship.

Section 8 Retention of title

The goods remain the property of OM Digital Solutions until paid in full.

Section 9 Warranty

Statutory warranty rights exist for all goods from the OM Digital Solutions online shop. The assignment of warranty claims by the ordering party is excluded.

If the subsequent fulfilment occurs by way of replacement delivery, the ordering party is obliged to return the initially delivered goods within 30 days to OM Digital Solutions at the expense of OM Digital Solutions. Returns are subject to statutory requirements. OM Digital Solutions reserves the right to assert damages under the conditions stated by law.

Section 10 Liability

OM Digital Solutions is liable only for damages that were incurred on the delivered item. OM Digital Solutions is in particular not liable for lost profit or other damages to assets of the ordering party. If the liability of OM Digital Solutions is excluded or restricted, this also applies to the personal liability of its employees, representatives and vicarious agents. These liability restrictions do not apply to damage caused by intent or gross negligence or personal injury. It also does not apply if the ordering party asserts claims regulated by law. If OM Digital Solutions negligently infringes a key obligation (“cardinal obligation”) and this infringement endangers the achievement of the contractual purpose or for the infringement of duties where their fulfilment is essential for the proper implementation of the contract and on the compliance of which you regularly rely, the obligation to reimburse material damage is limited to damage that can typically occur.

Section 11 Applicable law and dispute resolution

UK law applies, excluding UN procurement law (CISG). London is agreed as the place of jurisdiction if the ordering party is not a consumer.

Under the Regulation (EU) No. 524/2013, the EU Commission has created a platform for the out-of-court resolution of disputes and this is available from http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to take part in a dispute resolution process before a consumer arbitration authority.

You can contact our complaints department directly by email (eshop.support@om-digitalsolutions.com) for further information.

In order to continue the order process, you must accept the General Terms and Conditions of Business.