Terms of service

OVERVIEW
Welcome to OC-Automotive Parts Germany! The terms “we”, “us” and “our” refer to O&C GmbH, trading as OC-Automotive Parts Germany. We operate this store and website, including all related information, content, features, tools, products and services (the “Services”). The Services are technically provided via Shopify.
The following terms, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not use our Services.

Note on your statutory rights: If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), mandatory statutory protections apply to you. Nothing in these Terms limits your statutory rights, in particular your statutory right of withdrawal and your statutory warranty rights (Sections 434 et seq. BGB).

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you have full legal capacity, and that you consent to any minor dependents in your care using the Services on devices you own or manage.
To use the Services, including accessing our online store or purchasing products, you may be asked to provide certain information, such as your email address and billing, payment and shipping details. You warrant that all information you provide is correct, current and complete.
You are responsible for the security of your account credentials and for all activity in your account. You may not transfer, sell, assign or license your account.

SECTION 2 – OUR PRODUCTS
We make every effort to represent our products and services accurately in our online store. Please note, however, that colours or a product’s appearance may differ from how they appear on your screen depending on your device and its settings. Minor deviations in presentation do not constitute a defect; your statutory warranty rights remain unaffected.
All product descriptions may be changed at any time. We reserve the right to discontinue products at any time and to limit order quantities on a case-by-case basis.

SECTION 3 – ORDERS AND FORMATION OF CONTRACT
The presentation of products in the online store does not constitute a legally binding offer but an invitation to place an order. By submitting your order you make a binding offer to purchase. The contract is formed when we expressly accept your order (confirmation of acceptance by email) or when we dispatch the goods. An automated acknowledgement of receipt does not constitute acceptance.
We reserve the right not to accept an order. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided at the time of the order.
Returns and your right of withdrawal are governed by our withdrawal policy and return policy.

SECTION 4 – PRICES AND PAYMENT
Prices, discounts and promotions may change without notice. The price that applies is the one in effect at the time the order is placed, as shown in your order confirmation. All prices for consumers are final prices including statutory VAT; any shipping and delivery costs are shown separately during the ordering process. For deliveries outside the European Union, additional customs and import charges may apply and are borne by you.
Prices in the online store may differ from prices in physical stores or in stores operated by third parties. Separate conditions may apply to time-limited promotions; in the event of a conflict with these Terms, the promotion terms prevail.
You undertake to provide current, complete and accurate purchase, payment and account information for all purchases, and to update that information promptly.

SECTION 5 – SHIPPING AND DELIVERY
Unless expressly stated to be binding, stated delivery times are non-binding estimates. We are not liable for delays caused by shipping carriers, customs processing or events beyond our control.
If you are a consumer, the risk of accidental loss or deterioration of the goods passes to you only upon handover of the goods to you, including in the case of shipment (Section 475(2) BGB). If you are a business customer, risk passes upon handover of the goods to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including all trademarks, text, displays, images, graphics, product reviews, video and audio content, and their design, selection and arrangement, are owned by O&C GmbH, its affiliates or licensors and are protected by German, European and international copyright, trademark and other intellectual property law.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any content of the Services without our prior written consent. All rights not expressly granted are reserved.
The names, logos, product and service names, designs and slogans of OC-Automotive Parts Germany are trademarks of O&C GmbH or its licensors. Shopify’s name, logo and identifiers are trademarks of Shopify. All other identifiers are trademarks of their respective owners. Any vehicle and manufacturer brands referred to serve solely to describe the applicability of our products.

SECTION 7 – OPTIONAL TOOLS
As part of the Services you may be given access to third-party tools which we neither monitor nor control.
Access to such tools is provided “as is” and “as available”, without any endorsement. Use of optional third-party tools is at your own risk; please familiarise yourself with the relevant provider’s terms. Our liability is governed by Section 16.
Any new features offered through the Services in future are also deemed part of the Services and subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain content and hyperlinks to third-party websites. We are not responsible for the content or accuracy of such materials or websites and do not adopt them as our own. If you leave our Services to access third-party offerings, you do so at your own risk. Please review the relevant third party’s policies. Complaints and questions regarding third-party products and services should be directed to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our Services are technically provided via Shopify. However, all purchase contracts are concluded exclusively between you and O&C GmbH. Shopify is not a party to the contract and is not responsible for the purchase contracts concluded between you and us. Your statutory claims against us remain unaffected.

SECTION 10 – PRIVACY
All personal data we collect through the Services is processed in accordance with our Privacy Policy. Certain data may also be subject to Shopify’s Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes data about your access to the Services in order to provide and improve them. For further details, please see our Privacy Policy.

SECTION 11 – REVIEWS AND USER CONTRIBUTIONS
If you submit ideas, suggestions, feedback, reviews or other content (collectively “Contributions”), you grant us a non-exclusive, unlimited, sublicensable and royalty-free right to use, reproduce, edit, publish, distribute and publicly communicate those Contributions, including for commercial purposes.
You warrant that (i) you hold all necessary rights to your Contributions, (ii) you have disclosed any consideration or incentive received in connection with a review, and (iii) your Contributions comply with these Terms. We are not obliged to treat Contributions as confidential, to pay for them, or to respond to them.
We are entitled, but not obliged, to review, edit or remove Contributions that are unlawful, offensive, threatening, defamatory, pornographic or otherwise objectionable, or that infringe the rights of third parties or these Terms.
You must not use a false email address, impersonate another person, or mislead us or third parties as to the origin of a Contribution. You are responsible for your Contributions and their accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information in our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping costs, delivery times and availability. We reserve the right to correct such errors and to change or update information at any time. Contracts already concluded remain unaffected; in the case of an obvious error, we are entitled to the statutory rights of rescission.

SECTION 13 – PROHIBITED USES
You may use the Services for lawful purposes only. In particular, you may not use the Services (a) for unlawful or abusive purposes; (b) to violate any laws or regulations; (c) to infringe our intellectual property rights or those of third parties; (d) to harass, insult, defame or intimidate any person; (e) to transmit false or misleading information; (f) to transmit unlawful advertising, chain letters or spam; (g) to impersonate another identity; or (h) for any other conduct that impairs others’ use of the Services.
You further undertake not to (a) transmit viruses or other malicious code; (b) reproduce, sell or exploit any part of the Services; (c) collect or track third parties’ personal data; (d) spam, phish, crawl or scrape; or (e) circumvent the security features of the Services. In the event of serious breaches we may suspend or terminate your customer account; your statutory rights remain unaffected.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services for good cause. Payment claims already incurred remain in force. Purchase contracts already concluded are unaffected.
The following sections survive termination: Intellectual Property, Reviews and User Contributions, Termination, Liability, Severability, Waiver/Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions which by their nature should survive.

SECTION 15 – WARRANTY
The statutory rules on liability for defects apply to the goods we supply (Sections 434 et seq. BGB). If you are a consumer, the limitation period for claims in respect of defects in new goods is two years from receipt of the goods. These rights are not restricted by these Terms.
General information provided on the website (e.g. fitting notes, technical notes, usage recommendations) is for general information only. We accept responsibility for its completeness and accuracy only in accordance with Section 16. Please check before purchase, using the vehicle and part numbers, whether the product is suitable for your vehicle, or contact us.

SECTION 16 – LIABILITY
We are liable to you without limitation for damage arising from injury to life, body or health, for damage caused intentionally or by gross negligence, in cases of fraudulent concealment of a defect, to the extent of any guarantee assumed, and under the German Product Liability Act.
In the case of slightly negligent breach of a material contractual obligation (an obligation the fulfilment of which is essential to the proper performance of the contract and on the observance of which you may regularly rely), our liability is limited to the foreseeable damage typical of the contract.
Otherwise our liability is excluded. The above provisions do not entail any change to the statutory burden of proof to your detriment. These limitations of liability also apply for the benefit of our legal representatives and vicarious agents.

SECTION 17 – INDEMNIFICATION
If you are a business customer, you shall indemnify us against all third-party claims asserted against us due to a culpable breach of these Terms, an infringement of rights, or your use of the Services, including reasonable legal costs. This provision does not apply to consumers.

SECTION 18 – SEVERABILITY
Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
If we refrain in an individual case from asserting a right under these Terms, this does not constitute a general waiver of that right.
These Terms and the policies published by us on this website constitute the entire agreement between you and us regarding the use of the Services.

SECTION 20 – ASSIGNMENT
You may not transfer or assign rights and obligations under this contract without our prior written consent. We are entitled to transfer our rights and obligations under this contract to a legal successor; your statutory rights remain unaffected.

SECTION 21 – GOVERNING LAW AND JURISDICTION
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer habitually resident in the European Union, mandatory consumer protection provisions of the state of your habitual residence remain unaffected by this choice of law.
If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. For consumers, the statutory places of jurisdiction apply.

SECTION 22 – HEADINGS
The headings in these Terms are for convenience only and have no independent legal significance.

SECTION 23 – CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page. We reserve the right to change these Terms with effect for the future. For contracts already concluded, the version in force at the time of conclusion of the contract always applies.

SECTION 24 – CONTACT
Questions about these Terms should be sent to info@oc-germany.com.
Our contact details:
O&C GmbH
Zeilharder Str. 31, 64409 Messel, Germany
Telephone: +49 173 4291492
Email: info@oc-germany.com
Commercial register: Local Court of Offenbach am Main, HRB 53553
VAT identification number: DE342310292