General Terms and Conditions
1.1 The following General Terms and Conditions apply exclusively to the commercial relationship between Premium 24 GmbH (hereinafter referred to as “Premium 24” or “we”) and the customer as they apply at the time of the order. We therefore politely advise you to read the General Terms and Conditions carefully before placing an order. We do not accept any diverging terms and conditions from the customer unless we have agreed to their validity in writing. We hereby object to the inclusion of the customer’s own terms and conditions, unless otherwise agreed.
1.2 The items in our online shop www.olafbenz.com are targeted exclusively towards consumers. Consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. Entrepreneurs are not entitled to order. An entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in the exercise of his or its trade, business or profession.
1.3 By placing an order via this website, you affirm that you are at least 18 years of age and that you can enter into legally binding contracts.
1.4 Our products are only sold for private use in quantities suitable for personal use.
2. Conclusion of contract
2.1 The presentation of the products on our website does not constitute an offer by Premium 24 to conclude a sales contract. By clicking on the order button [Order to pay] you submit a binding offer to conclude a sales contract with us. You can also place a binding order by telephone.
2.2 The confirmation of receipt of the order is sent by automated email immediately after sending the order and does not constitute a declaration of acceptance of the contract.
2.3 The contract is accepted by sending a separate confirmation of acceptance by email within two days. In the case of an order by telephone, the sales contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.
2.4 Should our confirmation of acceptance contain typing or printing errors or should our price determination be based on technically caused transmission errors, we are entitled to contest the contract, whereby we must prove our error to you. Payments already made will be refunded immediately.
2.5 We will send you the General Terms and Conditions together with the confirmation of acceptance, but you can also access the General Terms and Conditions at any time after conclusion of the contract through our website. We would like to point out that the General Terms and Conditions apply exclusively in the version valid at the time of the order.
2.6 As a registered customer you can access your past orders through the customer login area (My Customer Account).
3. Order process
Our customers order in our online shop according to the following 5 steps.
Step 1: The customer selects the desired articles and places them in the shopping cart by clicking the button “Add to cart”.
Step 2: The customer can now choose whether he wants to place the order without any registration or either with an existing customer account or one that has yet to be created.
Step 3: The customer is now asked to enter his personal data including the invoice address and, if necessary, a different delivery address. In this step it is necessary to accept our data protection policy in case of a new registration or an order as a guest.
Step 4: The customer selects one of the possible payment methods.
Step 5: Finally, the customer can check all information (such as personal data, address, selected articles, payment method) again and correct them at any time. You can cancel the order process at any time by closing the browser window. In order to complete the order, you have to accept our General Terms and Conditions and click on the button “Order to pay”.
4. Terms of payment
4.1 Payment is made either by advance payment, credit card, PayPal, Klarna or giropay.
4.2 If you choose advance payment as your payment method, we will indicate you our bank details in the confirmation of acceptance. The invoice amount is to be transferred to our account within 7 days. The sales contract is concluded only once the payment is made. In this respect, the confirmation of acceptance is subject to the condition of payment.
4.3 When paying by credit card, your account will be debited automatically, but only after the goods have been dispatched. We reserve the right to check the validity of the card, its credit status in relation to the value of the order and the buyer’s address details. Based on the results of this check, we may also refuse orders.
4.4 If you choose PayPal as your payment method, your account will be debited automatically, but only after the goods have been dispatched. We reserve the right to check the validity of the PayPal account, the available credit balance to cover the value of the order and the buyer’s address details. Based on the results of this check, we may also refuse orders.
4.5 If you choose Klarna as your payment method, a direct link to your online banking will be provided.
4.6 If you select the payment method giropay, a direct link to your online banking will be provided.
5. Prices, product presentation
5.1 The prices stated on the product pages include the statutory value added tax and other price components, but not the shipping costs. The total price including the purchase price of the products, shipping costs and VAT are displayed before the final placement of your order.
5.2 We would like to point out to our customers that the products in our online shop are presented in the form of digital photographs and therefore especially the colour representation of the goods depends on the respective computer system and the respective colour setting of the viewer’s monitor. Therefore, there may be deviations in the virtual representation compared to the real products.
6. Shipping costs
6.1 The shipping costs are clearly indicated on the product pages, in the shopping cart system and once more on the order page.
6.2 The shipping costs are shown in the following table:
|DHL PAKET national
DHL PAKET international
Order from 350,00 EUR free shipping
Order from 350,00 EUR free shipping
Order from 350,00 EUR free shipping
Order from 350,00 EUR free shipping
Order from 350,00 EUR free shipping
Zone 1 - Zone 3:
Belgium, Denmark, France, Ireland, Italy, Luxembourg, Monaco, Netherlands, Northern Ireland, Austria, Poland, Spain, Czech Republic, Vatican City
Zone 4 - Zone 6:
Albania, Andorra, Bosnia and Herzegovina, Bulgaria, Estonia, Faro, Finland, Gibraltar, Greece, Great Britain, Iceland, Israel, Canary Islands, Croatia, Latvia, Liechtenstein, Lithuania, Malta, Montenegro, Norway, Portugal, San Marino, Sweden, Switzerland, Slovakia, Slovenia, Turkey, Hungary, Cyprus
Zone 7 - Zone 8:
Belarus, China, Hong Kong, India, Japan, Canada, Mexico, Malaysia, Singapore, South Korea, Taiwan, Thailand, Ukraine, United States
Zone 9 - Zone 10:
Egypt, Equatorial Guinea, Ethiopia, Afghanistan, Algeria, Angola, Anguilla, Antigua, Argentina, Armenia, Aruba, Azerbaijan, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bermuda, Bolivia, Bonaire, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Chile, Cook Islands, Costa Rica, Cote d'Ivoire (Ivory Coast), Curacao, Dominica, Dominican Republic, Djibouti, Ecuador, El Salvador, Eritrea, Falkland Islands, Fiji, French Guiana, Gabon, Gambia, Georgia, Ghana, Grenada, Greenland, Guadeloupe, Guam, Guatemala, Guinea Bissau, Guinea, Republic of Guyana, Haiti, Honduras, Iraq, Iran, Jamaica, Yemen, Jersey, Jordan, Virgin Islands, Amerik., Virgin Islands, British, Cayman Islands, Cambodia, Cameroon, Cape Verde, Kazakhstan, Kenya, Kyrgyzstan, Kyrgyzstan, Colombia, Comoros, Congo, Democratic Rep., Congo, Republic of Korea, North, Cuba, Laos, Lesotho, Lebanon, Liberia, Libya, Macau, Madagascar, Malawi, Maldives, Mali, Morocco, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Micronesia, Moldova, Mongolia, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, New Zealand, Nevis, Nicaragua, Niger, Niger, Niue, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Puerto Rico, Rwanda, Réunion, Saipan, Solomon Islands, Zambia, Samoa, Samoa, American, Senegal, Seychelles, Sierra Leone, Zimbabwe, Somalia, Somaliland, St. Bartholomew, St. Eustatius, St. Helena, St. Kitts, St. Lucia, St. Maarten, St. Vincent, Sudan, Suriname, Swaziland, Syria, South Africa, South Sudan, Tajikistan, Tahiti, Tanzania, Timor Leste, Togo, Tonga, Trinidad and Tobago, Chad, Tunisia, Turkmenistan, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Uruguay, Uzbekistan, Vanuatu, Venezuela, Vietnam, Central African Republic
7. Terms of delivery and self-supply reservation clause
7.1 The delivery is carried out with DHL or partner companies commissioned by DHL.
7.2 The delivery time is one to four working days after receipt of the confirmation of acceptance (within Germany), unless otherwise agreed. In the unlikely event that the delivery time is longer than 30 days, you may cancel the order.
7.3 In case not all of the ordered products are in stock, we are entitled to make partial deliveries at our expense, insofar as this is reasonable for you.
7.4 Should the delivery of the goods fail for reasons beyond our control despite three attempts to deliver the goods, we can withdraw from the contract. Any payments eventually made will be refunded to you without any delay, but no later than 14 days after receipt of the declaration of withdrawal.
7.5 If the ordered product is not available as we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately and eventually suggest the delivery of a comparable product. Should no comparable product be available or if you do not wish to receive a comparable product, we will reimburse you immediately for any payments already made.
8. Retention of title
We reserve the right of ownership of the purchased item until the invoice amount has been fully paid.
9. Right of withdrawal and instructions on withdrawal
Instructions on withdrawal
Right of withdrawal
After conclusion of a contract with us, you as a consumer have the right to withdraw from it without giving any reason within the statutory withdrawal deadline.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the good, or in the case of multiple goods delivered separately after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
In order to exercise the right of withdrawal, you must inform us, Premium 24 GmbH, Stöhrstraße 19, 96317 Kronach, Germany, email@example.com, phone +49 (0) 9261-9628382, fax +49 (0) 9261-9628381 of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, phone or email). You may use our model withdrawal form, but it is not obligatory.
A version of the model withdrawal form is available for download here (https://www.olafbenz.com/en/withdrawal-form/).
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery to the original place of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods for returns from Germany, unless you use the offered return form, which we will send to you in PDF format to print out as soon as you inform our customer service about your withdrawal (phone: +49 (0) 9261/962838-2, fax: +49 (0) 9261/962838-1 or email: firstname.lastname@example.org). In case of returns from abroad you will have to bear the direct cost for returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the instructions on withdrawal
10. Voluntary returns right
10.1 In addition to the statutory right of withdrawal (see point 9), we grant you a voluntary right of return for all orders in our online shop within 30 days of receipt of the goods. This means that you can also withdraw from the contract after the 14-day withdrawal period has expired, provided you return the goods to us within 30 days of their receipt. For returns from Germany you will have to bear the direct costs of the return unless you use the offered return form, which we will send to you in PDF format to print out as soon as you inform our customer service about the exercise of your voluntary right of return (phone: +49 (0) 9261/962838-2, fax: +49 (0) 9261/962838-1 or email: email@example.com). For returns from abroad, you will have to bear the direct costs for returning the goods.
10.2 The exercise of the voluntary right of return shall only apply to unworn, unwashed and defect-free products, i.e. free from signs of use of any kind and in undamaged original packaging from which the labels have not been removed. If such a loss of value is caused by washing, wearing, removal or damage to the original packaging or by other signs of use, you are not entitled to the voluntary right of return, so that the goods will be returned to the customer without a refund of the purchase price.
10.3 The timely dispatch of the goods is sufficient to meet the deadline. The return shipment has to be sent to: Premium 24 GmbH, Stöhrstrasse 19, 96317 Kronach, Germany, firstname.lastname@example.org.
10.4 Once the returned goods have been checked, you will be informed of your right to a refund of any payments you may have already made. The refund will be made immediately, at the latest within 14 days from the date we received the goods. For the refund we will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you.
10.5 The contractually granted voluntary return guarantee does not affect your statutory rights and claims. During the statutory withdrawal period, only the statutory rules apply and your statutory right of withdrawal is not affected by the voluntary right of return. Likewise, you remain your statutory warranty rights without any limitation.
10.6 If you have any questions about your voluntary right of return, you can contact us via our contact form (https://www.olafbenz.com/en/contact/) or call our customer service on +49 (0) 9261/962 838-2.
11. Liability for defects (warranty)
11.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
11.2 The customer is kindly requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller as soon as possible. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
12.1 We exclude our liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. An essential contractual obligation in this sense is such an obligation whose fulfilment enables the proper execution of the contract in the first place and whose observance the contractual partner can and may rely upon. Liability for intent and gross negligence remains unaffected.
12.2 The above limitations of liability also apply to the legal representatives and vicarious agents of Premium 24.
13. Data protection
The protection of your personal data is very important to us. You can find the data protection policy here (https://www.olafbenz.com/en/data-protection/). All personal data that you provide us with will be processed in accordance with this data protection policy.
14. Final provisions
14.1 Should any provision of these General Terms and Conditions be invalid, the rest of the contract remains valid. Instead of the invalid provision, the relevant statutory provisions shall apply.
14.2 All legal disputes arising out or in connection with the sales contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
14.3 The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr. We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
14.4 If you have any questions regarding the General Terms and Conditions, you can contact us by using our contact form on our website.
15. Operator of the website
The domain www.olafbenz.com is operated by:
Phone: +49 (0) 9261/962838-2
Fax: +49 (0) 9261/962838-1
Managing Director: Vanessa Bayer-Gryglewicz, André Großmann
Registry court, Court Coburg
VAT ID No: DE 323911682
Tax no.: 212/135/70002