Terms of service
1. Scope of validity, definitions
1.1 For all business relations 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 store on ohmyfantasy.com and our online outlets (e.g. Instagram), these General Terms and Conditions shall apply exclusively in the version valid at the time of the order. By using the offer you accept these terms and conditions. Therefore, please read them carefully. OMF Sales is the contractual partner of the Customer.
1.2 The offer is directed exclusively at consumers. Consumers are persons in the sense of § 13 BGB (German Civil Code), i.e. natural persons who conclude the respective legal transaction for a purpose which can predominantly neither be attributed to their commercial nor their independent professional activity. All products are sold only in household quantities. This restriction refers both to the number of ordered products within the scope of one order and to the total number of ordered products when placing several orders of the same product.
2. Service Description
2.1 We offer a mail order service with a selection of sexual wellness products (these products are hereinafter referred to as "OMF Content"). The OMF Content is available to you subject to the terms and conditions set forth in these Terms and Conditions and on our website at www.ohmyfantasy.com.
2.2 Upon your acceptance of these TOS, you may obtain the OMF Content through various access options on our website ohmyfantasy.com (as of May 01, 2022).
Individual delivery grants the sending of OMF Content against payment of a one-time fee. The access possibility starts from the time of the conclusion of the contract.
2.3 It is possible that not all OMF contents and/or OMF accesses will be available permanently, not to the same extent or not for all users. Information on the availability of the OMF Content and OMF Accesses, the exact scope of services of the individual OMF Accesses and the respective prices, terms and conditions as well as 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 adjust the scope of services, in particular the OMF Content, at any time. We will inform you in due time about any material changes. Any statutory rights of termination to which you are entitled in the event of such a material change shall remain unaffected.
3 Conclusion of contract and ordering process
3.1 The contract between you and us is concluded with the binding order via our website and the subsequent order confirmation by us. With the conclusion of the contract our claim for payment is established.
3.2 The 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, instant bank transfer or similar), the provision of the products offered on our website constitutes a binding offer by us to conclude a purchase contract.
4 Delivery, availability of goods
4.1 Deliveries are in principle only possible to addresses that can be delivered by parcel post.
4.2 The delivery of goods shall be made by mail order and to the delivery address specified by the customer within the delivery period specified prior to the conclusion of the contract and within the delivery area specified in 4.1. Self-collection of the goods is not possible.
4.3 The customer is obliged to provide us with the correct delivery address in the order 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 a deadline for the customer to accept 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 shall be made to OMF Sales GmbH without deduction. A payment shall only be deemed to have been made when we can freely dispose of the amount.
5.2 For each 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 retain title to the purchased goods until the invoice amount due has been paid in full.
6.2 You shall only have a right of set-off if your counterclaims have been legally established or are undisputed by us. Furthermore, you shall 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
The current prices apply, including statutory taxes, plus the applicable shipping costs.
We reserve the right not to accept orders from customers and not to execute them in case of lack of availability. In this case, we will notify you immediately and refund your payment.
8. Transport damages
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance.
9. Conditions for using the offer
9.1 The offer is directed only to 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 reasonable 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" in the sense of § 13 German Civil Code (BGB)). We therefore do not perform any billing for commercial purposes.
10 Copyrights / Trademarks and Labels
10.1 All text/image/sound and/or image/sound material provided by us within the scope 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 name OMF Sales GmbH, OH MY! FANTASY as well as to all logos and comparable marks used within the scope of the offer (hereinafter referred to as "our marks"), are exclusively reserved to us. Any reproduction, distribution and/or other use of the material and/or our signs requires our prior written consent.
11. Granting of rights to OH MY! FANTASY content
11.1 The OMF contents are protected under copyright, personality, trademark, name and, if applicable, other legal aspects.
11.2 Subject to the condition precedent that you comply with these Terms and Conditions and satisfy any payment claims you may have against us, we grant you a limited, non-exclusive, non-transferable and non-sublicensable license to access and make personal, non-public and non-commercial use of the OMF Content contained in your OMF Access.
11.3 All rights not expressly granted to you under these TOS or other applicable terms and 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 grant of rights. 11.4.
11.4 This grant of rights specifically does not include any reproduction, public disclosure, transfer, resale or commercial exploitation of the OMF Content, or any collection and use of any product information, descriptions or prices, any derivative use of the OMF Content, any downloading and/or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. You may not modify, disassemble, convert, alter, or distribute the OMF Content on the Internet or any other network for a fee or free of charge, or make it available, exchange, and/or in any way commercially exploit the OMF Content.
11.5 Further restrictions and conditions of this granting of rights may result from the respective description of the OMF Content and/or OMF Access.
11.6 If a third party makes unauthorized use of your authorization to obtain and use the OMF Content for reasons for which you are responsible, you are obligated to reimburse us and any other rights holders for any costs incurred as a result thereof and/or to comply with any claims for damages.
11.7 You may only use the Offer, including the OMF Content, to the extent permitted by these GTC or by law. Any violation of these GTC or other relevant terms and conditions as well as any misuse of the Offer, including the OMF Content, will result in the expiration of the grant of rights, permission or license granted in this clause.
12. Extraordinary termination
12.1 We may at any time and at our sole discretion terminate your right to use the Offer if we determine, in our sole discretion, that you have violated these TOS or any other terms/guidelines stated in the Offer.
12.2 Other legal rights of termination remain unaffected.
13. Statutory right of withdrawal
WHEN PURCHASING OMF-CONTENT YOU HAVE A LEGAL RIGHT OF WITHDRAWAL:
It's a pity that you want to revoke your order. But of course this is not a problem, if the goods are unused and an attached hygiene seal is undamaged, you are welcome to return the product to us.
Right of withdrawal
You have the right to cancel this contract within fourteen (14) days without giving any reason.
The revocation period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (OMF Sales GmbH, Baaderstraße 78, 80469 Munich, e-mail: email@example.com) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us). This repayment will be made without undue delay and at the latest within fourteen (14) days from the day on which we received the notification of the revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged 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 the earlier.
You must return the goods to us without undue delay and in any event no later than fourteen (14) days from the day on which you notify us of the cancellation of this contract.
OMF Sales GmbH
return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen (14) days.
You shall 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 a possible loss of value of the goods if this loss of value is due to a handling of the goods which is not necessary for the examination of the condition, properties and functioning of the goods.
Sample cancellation form
(If you want to revoke the contract, please fill out and return this form).
- 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 in case of paper communication)
(*) Delete as applicable
Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts:
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, 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 removed after delivery.
Claims for damages by the customer are excluded, unless otherwise stated in the following. This also applies to the representative and vicarious agents of the provider, if the customer makes claims for damages against them. Excluded are claims for damages by the customer for injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or agent.
15. Data Privacy
16. contract language and final provisions
16.1 Contracts between us and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer and is not domiciled in the Federal Republic of Germany, the contractual relationship shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, unless provisions, which may not be deviated from by agreement, of the law of the state in which the consumer has his habitual residence provide otherwise.
16.2 The contractual language shall be German.
16.3 Dispute Resolution: The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . Currently, we do not participate in such dispute resolution. If you have questions or problems with your order, you can of course still contact us directly at ....................................................................