Terms and Conditions
1st Scope, definitions
1.1. For all business relationships between OMF Sales GmbH, Baaderstraße 78, 80469 Munich (hereinafter "OMF Sales", "we" or "us") and the customer (hereinafter also "you" or "customer") in our online shop on ohmyfantasy .com and our online outlets (e.g. Instagram) only apply these general terms and conditions in the version valid at the time of the order. By using the offer, you accept these terms and conditions. So please read them carefully. OMF Sales is the customer's contractual partner.
1.2. The offer is aimed exclusively at consumers. Consumers are persons within the meaning of Section 13 of the German Civil Code (BGB), ie natural persons who conclude the respective legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity. All products are only sold in normal household quantities. This restriction applies both to the number of products ordered in the context of an order and to the total number of products ordered when placing multiple orders for the same product.
2. Description of services
2.1. We offer a shipping service with a selection of sexual fantasies including matching accessories (these fantasies including accessories are hereinafter referred to as "OMF content"). The OMF content is available to you in accordance with these terms and conditions and on our website at www .ohmyfantasy.com available.
2.2. After you have agreed to these terms and conditions, you can obtain the OMF content via various access options on our website ohmyfantasy.com. Currently (as of November 01, 2020) we offer the PUR and CLASSIC access options individually.
The PUR variant contains a fantasy and is sent by post as a letter. The KLASSIK variant not only contains fantasy but also erotic accessories and love toys, sent by post as a package.
Individual delivery allows OMF content to be sent against payment of a one-off fee. The possibility of access begins from the time the contract is concluded.
2.3. It is possible that not all OMF content and / or OMF access is available permanently, not to the same extent or for all users. Information on the availability of OMF content and OMF access, the exact scope of services of the individual OMF access and the respective prices, conditions and further information on the OMF content can be found on our website at.
2.4. We reserve the right to change, expand, reduce or otherwise adapt the scope of services, in particular the offer of OMF content, at any time. We will inform you in good time about significant changes. Any statutory rights of termination to which you are entitled in the event of such a material change remain unaffected.
3. Conclusion of contract and order process
3.1. The contract between you and us comes with the binding order for one of the OMF access via our websiteand the subsequent confirmation of the order by us. Our payment claim is justified with the conclusion of the contract.
3.2. Payment of the respective fee or the respective full access rate is due immediately upon conclusion of the contract. In the case of a payment method with immediate payment (such as prepayment, PayPal, immediate transfer, etc.), the provision of the products offered on our website represents a binding offer from us to conclude a purchase contract.
4. Delivery, availability of goods
4.1 Deliveries are only possible within Germany to addresses that can be sent by parcel.
4.2. The delivery of goods takes place on the dispatch route and to the delivery address specified by the customer within the delivery period specified before the conclusion of the contract and within the delivery area specified in 4.1. It is not possible to collect the goods yourself.
4.3. The customer is obliged to give us the correct delivery address in the ordering process. We are not obliged to check the delivery address before delivering goods. If the goods could not be delivered due to an incorrect delivery address, we can demand the costs for the unsuccessful delivery attempt from the customer. In these cases we reserve the right to ask the customer for his delivery address, to set the customer a deadline for accepting the goods and to make the further shipment dependent on the payment of shipping costs. If the second delivery attempt is unsuccessful, we expressly reserve the right to withdraw from the contract.
5.1. All payments are made without deduction to OMF Sales GmbHafford to. A payment is only considered to have been made when we can freely dispose of the amount.
5.2. With every order we reserve the right not to offer certain payment methods and to refer to other payment methods.
6. Retention of title, offsetting and retention
6.1. In the case of consumers, we reserve ownership of the purchased item until the due invoice amount has been paid in full.
6.2. You are only entitled to offset if your counterclaims have been legally established or are undisputed by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
7. Prices and shipping costs
All prices shown are final prices in euros including statutory VAT, plus packaging costs and shipping costs within Germany.
8. Transport damage
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance.
9. Requirements for using the offer
9.1. The offer is only aimed at persons of legal age at the time of the conclusion of the contract or the use of the services (whichever is earlier). If we have legitimate doubts about the age of majority, we are entitled to require you to submit a certified copy of an identification document.
9.2. The use of the offer is only permitted for end consumers ("consumers" within the meaning of Section 13 of the German Civil Code (BGB)). We therefore do not issue invoices for commercial purposes.
10. Copyrights / trademarks and marks
10.1. All text / image / sound and / or image sound material as well as material from databases and the databases themselves (hereinafter referred to as "material") are protected by copyright.
10.2. All existing and / or future rights to the material, in particular copyrights and industrial property rights as well as all rights to the designation OMF Sales GmbH, OH MY! FANTASY as well as all logos and comparable marks used in the context of the offer (hereinafter referred to as "our marks") are exclusively ours. Any duplication, distribution and / or other use of the material and / or our marks requires prior written consent.
11. Granting of rights to OH MY! FANTASY content
11.1. The OMF content is protected under copyright, personality, brand, name and, if applicable, other legal aspects.
11.2. Subject to the condition precedent that you comply with these terms and conditions and that all payment claims to which we are entitled are met, we grant you a limited, non-exclusive, non-transferable and non-sublicensable right of use to access the OMF- contained in your OMF account. Content and its personal, non-public and non-commercial use.
11.3. All rights that are not expressly granted to you on the basis of these terms and conditions or other relevant conditions are reserved by us or the respective rights holders. You are therefore not entitled to use or exploit the OMF content beyond the use permitted in this granting of rights.
11.4. In particular, this granting of rights does not include the reproduction, public access, distribution, resale or commercial use of the OMF content, or the collection and use of product information, descriptions or prices, the derived use of the OMF content, downloading and / or Copying account information for the benefit of another merchant or the use of data mining, robots or similar data collection and extraction programs. It is not permitted to modify, dismantle, convert, change or distribute, make available, swap and / or use commercially in any way on the Internet or other networks on the Internet or other networks for a fee or free of charge.
11.5. Further restrictions and conditions of this granting of rights can result from the respective description of the OMF content or OMF access.
11.6. If a third party uses your authorization to purchase and use the OMF content for reasons for which you are responsible, you are obliged to reimburse us and any other rights holders for any costs incurred and / or to meet claims for damages.
11.7. You may only use the offer, including the OMF content, to the extent that these terms and conditions or the law allow you. Any violation of these terms and conditions or other relevant conditions as well as any improper use of the offer, including the OMF content, leads to the expiry of the rights, permission or license granted in this section.
12. Extraordinary Termination
12.1. We can terminate your right to use the offer at any time and at our own discretion if we determine at our own discretion that you have violated these terms and conditions or other conditions / guidelines mentioned in the offer.
12.2. Other statutory rights of termination remain unaffected.
13. Statutory Right of Withdrawal
WHEN PURCHASING OMF CONTENT YOU HAVE A STATUTORY RIGHT OF WITHDRAWAL:
It's a shame that you want to cancel your order. But of course that's not a problem, if the goods have not been used and an attached hygiene seal is undamaged, you are welcome to send the product back to us.
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving a reason.
The cancellation period is fourteen (14) days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (OMF Sales GmbH, Baaderstraße 78, 80469 Munich, email: email@example.com) by means of a clear declaration (e.g. a letter sent by post or an email) inform about your decision to withdraw from this contract. You can use the attached sample objection form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you cancel this contract, we will reimburse you for all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have). This repayment will be made immediately and at the latest within fourteen (14) days from the day on which we received notification of the cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must send the goods to us immediately and in any case no later than fourteen (14) days from the date on which you informed us of the cancellation of this contract
OMF Sales GmbH
return or hand over. The deadline is met if you send the goods before the period of fourteen (14) days has expired.
You bear the direct costs of returning the goods. OMF Sales GmbH reserves the right to make deviating regulations in favor of the customer.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To: OMF Sales GmbH, Baaderstr. 78 80469 Munich; E-mail:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is communicated on paper)
(*) Delete where inapplicable
Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts:
for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery
14. Disclaimer of Liability
Claims for damages by the customer are excluded, unless otherwise stated for the following reasons. This also applies to the provider's representatives and vicarious agents if the customer makes claims for damages against them. Exceptions are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or willful breach of duty by the provider or his legal representative or vicarious agent.
In addition to the information in these terms and conditions, the provisions of our data protection declaration apply.
16. Contract language and final provisions
16.1. The law of the Federal Republic of Germany to the exclusion of the UN sales law applies to contracts between us and the customer. If the customer is a consumer and does not have a place of residence in the Federal Republic of Germany, the contractual relationship is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention, unless provisions that may not be deviated from by agreement are the law of the state in which the Consumer has his habitual residence, provide for something else.
16.2. The contract language is German.
16.3. Dispute settlement: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link:http://ec.europa.eu/consumers/odr . We are currently not participating in such a dispute settlement. If you have any questions or problems with your order, you can of course still contact us directly atturn.