Terms and Conditions
1. 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), these general terms and conditions apply exclusively 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 § 13 BGB, i. H. 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 limit applies both to the number of products ordered in one order and to the total number of products ordered when placing multiple orders for the same product.
2. service description
2.1. We offer a mailing service with a selection of sexual date night experiences including matching accessories (these experiences incl. Accessories are hereinafter referred to as "OMF Content"). The OMF Content is available to you on the terms set out in these Terms and Conditions and on our website at www.ohmyfantasy.com.
2.2. After you agree to these Terms and Conditions, you can obtain the OMF Content through various access options on our website ohmyfantasy.com. Currently (as of January 1st, 2022) we offer the Date Guide and Date Box access options in various options (CLASSIC, GOLD, PLATINUM) individually.
The Date Guide contains precise scenarios for both partners and is sent purely digitally and/or as a letter by post. The Date Box not only contains the Date Guide but also the various options of erotic accessories and love toys, sent by post as a package.
Individual Delivery allows for delivery of OMF content against payment of a one-time fee. 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 as previously. not available 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 other information on 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 range of OMF content, at any time. We will inform you about significant changes in good time. Any statutory rights of termination to which you are entitled in the event of such a significant change remain unaffected.
3. Conclusion of contract and ordering process
3.1. The contract between you and us comes into effect with the binding order of one of the OMF accesses via our website and the subsequent confirmation of the order by us. With the conclusion of the contract, our payment claim is justified.
3.2. The payment of the respective fee the 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, instant transfer or similar) 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 generally only possible within Germany to addresses that can deliver parcels.
4.2. The delivery of goods takes place on the shipping 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 verify 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 a deadline for the customer to accept the goods and to make 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 without deduction to OMF Sales GmbH afford to. A payment is only deemed 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 invoice amount due has been paid in full.
6.2. You only have the right 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 incl. statutory VAT, plus Packaging costs and shipping costs within Germany.
8. transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or carrier. to be able to assert the transport insurance.
9. Requirements for using the offer
9.1. The offer is only aimed at the time of the conclusion of the contract or the use of the services (whichever is earlier) persons of legal age. Insofar as we have reasonable doubts as to whether you are of legal age, we are entitled to request that you 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 carry out any accounting for commercial purposes.
10. Copyrights / Trademarks and Labels
10.1. All text/image/sound and/or image-sound material made available by us as part of the offer 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 our exclusive right. Any duplication, distribution and/or other use of the material and/or our symbols requires prior written consent.
11. Right of way and OH MY! FANTASY content
11.1. The OMF content is protected under copyright, personality, trademark, name and other legal aspects, if applicable.
11.2. Under the conditions precedent that you comply with these GTC 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 data contained in your OMF access 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 GTC or other relevant conditions remain with us or reserved for the respective rights holders. You are therefore not entitled to use the OMF content beyond the use permitted in this grant of rights or to to exploit.
11.4. In particular, this granting of rights does not include the duplication, making publicly available, passing on, resale or commercial use of the OMF content, or the collection and use of product information, descriptions or prices, the derivative use of the OMF content, downloading and/or Copying account information for the benefit of another merchant or using data mining, robots or similar data collection and extraction programs. It is not permitted to modify, disassemble, convert, change and distribute, make available, exchange and/or use the OMF content commercially on the Internet or other networks for a fee or free of charge in any way.
11.5. Further restrictions and conditions of this granting of rights can result from the respective description of the OMF content or OMF additions result.
11.6. If a third party uses your authorization to obtain and use the OMF content without authorization 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 permitted by these GTC or the law. Any violation of these GTC or other relevant conditions as well as any improper use of the offer, including the OMF content, will result in the termination of the grant of rights, permission or license granted in this section.
12. Extraordinary termination
12.1. We may, at any time and in our sole discretion, terminate your right to use the Offer if we determine, in our sole discretion, that you have breached these Terms or any other terms/policies set out in the Offer.
12.2. Other statutory termination rights remain unaffected.
13. Statutory right of withdrawal
IF YOU PURCHASE OMF CONTENT, YOU HAVE A STATUTORY RIGHT OF WITHDRAWAL:
We are sorry that you want to cancel your order. But of course that's not a problem, if the goods are unused and an attached hygiene seal is undamaged, you're 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 took possession of the goods or Has.
In order to exercise your right of withdrawal, you must send us (OMF Sales GmbH, Baaderstraße 78, 80469 Munich, email: firstname.lastname@example.org) a clear statement (e.g. B. a letter sent by post or an e-mail) about your decision to withdraw from this contract. You can use the attached model objection form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have). This refund will be refunded 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 use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us immediately and in any case no later than fourteen (14) days from the day on which you informed us of the cancellation of this contract
OMF Sales GmbH
send back or hand over. The deadline is met if you send back 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 different arrangements 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 the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
- To: OMF Sales GmbH, Baaderstr. 78 80469 Munich; Email:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where not applicable
Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts:
for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery
Claims for damages by the customer are excluded unless otherwise stated for the following reasons. This also applies to the representative and vicarious agent of the provider if the customer raises claims for damages against them. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
In addition to the information mentioned 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 applies to contracts between us and the customer, excluding the UN sales law. 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 there are provisions that may not be deviated from by agreement, the law of the state in which the consumer has his habitual residence, provide something else.
16.2. The contract language is German.
16.3. Dispute resolution: 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 relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . We do not currently participate in such dispute resolution. If you have any questions or problems with your order, you can of course continue to contact us directly at turn around.