Terms and Conditions

General Terms and Conditions of Business for the Olympus Online Shop

Section 1 Scope

For the business relationship between OLYMPUS EUROPA SE & Co. KG, Amsinckstr. 63, D-20097 Hamburg, registered in the Hamburg commercial register under number HRA 116518, VAT number DE 118673662. (hereinafter referred to as “Olympus”, “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. Olympus does not recognise any deviating conditions of the ordering party unless Olympus agrees to their application in writing.

Contact: shop.support@olympus.eu

Section 2 Concluding the contract

Orders can be exclusively submitted online at the Olympus 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’s order represents a binding offer to us to conclude a purchase agreement. 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. A purchase agreement only comes into effect when we send the ordered product to the ordering party and confirm dispatch via a second email (dispatch confirmation). If the item purchased is intangible (e.g. voucher or activation code), the dispatch takes place with the dispatch confirmation. No purchase agreement is made for products from one and the same order that are not listed in the dispatch confirmation. The contractual partner is Olympus. Olympus 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 RETURNS FOR CONSUMERS
Right of return

You have the right to cancel this contract within fourteen days without stating a reason. The cancellation period is fourteen days from the date on which you or a third party named by you who does not transport the goods (or the last goods, the last partial shipment or the last item in the event of a contract for several goods on a common order or the delivery of one good in several partial shipments or pieces) or has/have taken possession of them.

To exercise your cancellation right, you must inform us (OLYMPUS EUROPA SE & Co. KG, Amsinckstr. 63, D-20097 Hamburg telephone number: 00800-65967873 , fax number: +420 221 985 599, email address: shop.support@olympus.eu) by means of a clear declaration (e.g. letter sent by post, fax or email) of your decision to revoke this contract. You can use the sample cancellation form that can be called up from here but this is not binding.

To safeguard the cancellation period, it is sufficient to send off the notification about exercising the cancellation right before the cancellation period ends.

Consequences of the cancellation

If you cancel the contract, we must immediately refund to you all the payments we have received from you, including the delivery costs (except the additional costs resulting from you having chosen a type of delivery other than the inexpensive standard delivery we offer) by the latest within fourteen days from the date on which we received the notice cancelling this contract. Unless a different arrangement has been specifically agreed for this refund, we use the same means of payment that you used for the original transaction; under no circumstances will you be charged for this refund.

We can refuse repayment until we receive the returned goods or until you have provided proof that you have returned the goods, depending on which is received first. If the goods are comprised of information (e.g. voucher or activation code), the written declaration that you have destroyed the information and will not use it for the proposed purpose is proof.

You must return or hand over the goods to us without delay and in all cases at the latest within fourteen days from the date on which you informed us about the cancellation of this contract. The period is complied with if you send the goods within a period of fourteen days. We bear the costs of returning the goods.

You must only pay for the loss of value to the articles if this loss of value can be traced to unnecessary handling of them to verify the nature, characteristics and functioning of the articles.

Exceptions from the right of cancellation

The cancellation right does not exist or lapses for contracts

  • concerning the delivery of goods that are not pre-produced and for the manufacture of which an individual selection or determination by the consumer is key or that are clearly customised to the personal needs of the consumer;
  • concerning the delivery of goods that, for health protection or reasons of hygiene, are not suitable for return and if the seal was removed after delivery, or were mixed with other goods and cannot be separated after delivery as a result of their characteristics;
  • concerning the supply of sound or video recordings or computer software in a sealed package if the seal is removed after delivery.
  • 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 valueadded 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

    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 Olympus 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 Olympus is 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 immediately following conclusion of the Agreement. Olympus 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. Wirecard Payment Methods:

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

    Credit card payment: When paying by credit card (Visa or Mastercard), you will be forwarded to our payment service provider Wirecard. 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.

    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 Olympus. 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 Olympus until paid in full.

    Section 9 Warranty

    Statutory warranty rights exist for all goods from the Olympus online shop. The assignment of warranty claims by the ordering party is excluded. If nothing further has been agreed below, additional claims by the ordering party - no matter their legal basis - are excluded. Olympus is therefore not liable for damages that were not incurred on the delivered item; in particular, Olympus is not liable for lost profit or other damages to assets of the ordering party. If the liability of Olympus is excluded or restricted, this also applies to the personal liability of its employees, representatives and vicarious agents. The liability restriction above does not apply if the cause of the damages is based on deliberate action or gross negligence or is a personal injury. It also does not apply if the ordering party asserts claims regulated by law.

    If Olympus negligently infringes a key obligation (“cardinal obligation”) and this infringement puts at risk 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.

    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 Olympus at the expense of Olympus. In compliance with the statutory requirements, defective goods must be returned. Olympus reserves the right to assert damages under the conditions stated by law.

    The warranty period is twenty-four months, starting from delivery.

    Section 10 Applicable law and dispute resolution

    German law applies, excluding UN procurement law (CISG). Hamburg 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-ofcourt 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 (information pursuant to Section 36 of the German Consumer Dispute Resolution Act - VSBG).

    You can contact our complaints department directly by email (shop.support@olympus.eu), telephone (00800-65967873) or fax (+420 221 985 599) for further information.

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