General terms and conditions
form.bar is a product of the
Fax: +49 (0)681 302 2578
Tel: +49 (0)681 410 976 42
- hereinafter referred to as "OKINLAB -
§ 1 General/applicability/subject matter of performance
(1) These General Terms and Conditions (GTC) apply, insofar as they are contractually integrated and not expressly regulated otherwise in the offer, to the use of the SaaS offers of OKINLAB on the website www.form.bar, the acquisition of rights to fabrication datasets for the production of furniture and constructions designed by means of the (online) configurators of OKINLAB as well as pre-designed products of form.bar and for other orders of pieces of furniture and products of a customer via the online store of OKINLAB, which are designed both by means of and not by means of the online configurator. The GTC are contractually integrated by explicit inclusion before the end of the order process in accordance with § 2 of these GTC.
(2) Furniture, installations, constructions and products, collectively referred to as "CONFIGURATION PRODUCTS", are designed via the online configurator. A detailed list of the CONFIGURATION PRODUCTS can be found at www.form.bar. Other products sold in the Online Shop but designed by OKINLAB and not by the Customer are hereinafter referred to as "ONLINE SHOP PRODUCTS". In summary, CONFIGURATION and ONLINE SHOP PRODUCTS are referred to as "GOODS".
(3) The online configurator is an application offered as software as a service, i.e. by means of telecommunication through access to an Internet page (SaaS), which enables the customer to design CONFIGURATION PRODUCTS, to create a FABRICATION DATASET and either to transmit it by means of a defined or automated procedure by OKINLAB to a third party, who then manufactures the CONFIGURATION PRODUCT and sends it to the Customer as a kit (§ 8) or to have this FABRICATION DATASET transmitted electronically itself. The online configurator is hereinafter referred to as "form.bar -SOFTWARE".
(4) FABRICATION DATASET is a non-runnable software file created or represented by means of the form.bar -SOFTWARE and used for the production of a GOOD designed or represented by means of the form.bar -SOFTWARE. The FABRICATION DATASET will be transmitted to Customer in a standard data exchange format within 24 hours in the event of license acceptance, as described at www.form.bar/dataplatform.
(5) The Customer may design CONFIGURATION PRODUCTS individually via OKINLAB's form.bar -SOFTWARE, within the framework specified therein, and commission OKINLAB to manufacture them (order). OKINLAB will usually have the manufacture and delivery of the GOODS carried out by a third party. OKINLAB will implement the customer's design within the scope of technical and material possibilities in the event of acceptance of the contract.
(6) OKINLAB reserves the right that minor deviations in the dimensions and coloration of the GOODS may occur in the course of manufacture of the GOODS, insofar as these occur due to the materials used or due to the processing procedure and cannot be avoided. Depending on the type of the ordered GOODS, it may be necessary to secure its stability by additional fastening(s) to the floor, wall or ceiling, which is due to the fact that OKINLAB endeavors to implement as many designs of customers as possible. The subject of a purchase contract for a GOOD is only its delivery, but not its installation. The customer shall be responsible for the installation and the required adequate securing of the ordered GOODS. If offered, the customer may make use of an installation service.
(7) LICENSED PRODUCTS are the rights of use that OKINLAB grants to the customer on the basis of license agreements. The type and scope of the LICENSED PRODUCTS depend on the respective license model selected by the customer. An overview of the license models can be viewed at www.form.bar/dataplatform and www.form.bar/schreiner-platform.
§ 2 Subject matter of the contract
(1) The subject matter of the contract may be the purchase of a CONFIGURATION PRODUCT, an ONLINE SHOP PRODUCT or the creation and use (licensing) of the FABRICATION DATASET. Licensing of the FABRICATION DATASET relates to all rights of use that OKINLAB grants to the customer. The type and scope of licensing depend on the respective license model selected by the customer. An overview of the license models can be viewed at www.form.bar/dataplatform and www.form.bar/schreiner-platform.
(2) Upon conclusion of a SaaS contract for a form.bar -LICENSED PRODUCT, the Customer shall be granted access to the form.bar -SOFTWARE and shall acquire the right to use the form.bar -SOFTWARE.
(3) As a registered customer of form.bar, the customer is given the opportunity to design and manufacture CONFIGURATION PRODUCTS using the form.bar - SOFTWARE (order) and/or to license FABRICATION DATASET (below under para. 4). By means of the form.bar - SOFTWARE the customer has the possibility to save designs. OKINLAB is entitled to view and limit the number of designs that can be saved and to delete them after the customer has been inactive for more than 12 months. Customers who have designed a CONFIGURATION PRODUCT and have not concluded an express license agreement with OKINLAB do not receive a license right to the FABRICATION DATASET.
(4) Upon conclusion of the license agreement on the creation and use of a FABRICATION DATASET, the Customer shall receive the right to have FABRICATION DATASETS transmitted by OKINLAB and to transfer them to its own HARDWARE (or the HARDWARE of third parties selected by it) in order to then produce the respective designed GOODS with the FABRICATION DATASET. Thus, the CONTRACTUAL SUBJECT of a license agreement for the acquisition of a FABRICATION DATASET is the granting of a simple right to use the FABRICATION DATASET of the GOODS designed or represented by means of the form.bar -SOFTWARE.
(5) The functional scope specified in the configuration process at the time of the conclusion of the contract is conclusively decisive for the quality of the aforementioned form.bar -SOFTWARE. This can also be tested without registration and conclusion of the contract. OKINLAB does not owe any further quality of the software. The LICENSEE cannot derive such an obligation in particular from other representations of the LICENSE PRODUCTS in public statements or in advertising by OKINLAB or its employees or sales partners, unless OKINLAB has expressly confirmed the additional quality in writing.
§ 3 Regulations and information on the conclusion of the contract
All presentations on the Internet pages of OKINLAB and on www.form.bar represent only a non-binding invitation for the customer to submit offers.
(2) Technical steps leading to the conclusion of the contract and conclusion of the purchase contract when ordering via the online store:
In the case of an order of a CONFIGURATION PRODUCT, the customer has the option after the design process to save the product by clicking on the button "Save design". Thereupon he can put the product into the shopping cart by clicking the button "Add to cart". The latter also applies to products that can be ordered directly in the online store.
In the "shopping cart" (which the customer can access at any time via a link in the online store by clicking on the shopping cart icon), the customer is shown all the products that he has placed in the shopping cart, including shipping costs (or shipping information for orders outside Germany) and other discounts. He also has the option to enter promotional codes here.
The customer has the option of either adding more products to the shopping cart by clicking the "Continue Shopping" button or completing the ordering process by clicking the "Proceed to Checkout" button. After clicking the "Proceed to checkout" button, the customer will be prompted to create a customer account (enter gender, first and last name, email address) or to log in to an existing customer account. After registration/login, the customer will be redirected to the order overview page. Here he will be asked to enter delivery and billing address and select a payment method. He has the possibility to change the order again by clicking the back button in the browser or by clicking the shopping cart icon to get to the shopping cart system. However, it is then necessary to re-enter all input fields marked with * on the order overview page.
The customer can cancel the order process at any time before it is completed by clicking on the "Close" cross at the top right of the browser.
The ordering process is completed when the customer finally clicks on "Buy now". This constitutes the customer's offer to conclude the contract, which OKINLAB can usually accept within five working days. In the case of an order for CONFIGURATION PRODUCTS, the products are individually and specially configured by the customer and may also include additional special requests of the customer, e.g. via the comment field in the order, which is why a change to the CONFIGURATION PRODUCT may be necessary in OKINLABS's review process after the order. OKINLAB will then contact the customer and communicate the adjusted product and price, which will be confirmed again by the customer via the online store or e.g. via email. This process may take longer than five business days, depending on the change and the intensity and span of communication.
The offer of the customer is confirmed immediately after the order by sending an order confirmation via e-mail. The order confirmation itself does not constitute acceptance of the offer, unless it also contains a request for payment.
Acceptance of the offer by OKINLAB shall be made by separate order confirmation or dispatch of the invoice.
With the acceptance by OKINLAB the contract is concluded.
(3) In the case of an order for FABRICATION DATASETS, the technical steps leading to the conclusion of the contract and the formation of the purchase agreement shall take place when ordering via the online store analogously to the procedure described under para. 2, so that the customer can thereby conclude the contract on the use of the FABRICATION DATASET (§2).
(4) Conclusion of contract when ordering by telephone, mail, fax or letter
The listing of the GOODS in the online store does not constitute an offer, but merely an invitation to submit an offer. The customer can also make an offer by telephone, mail, fax or letter as follows:
The customer declares verbally or in writing his binding intention to purchase precisely named items of the exhibition in the online store. This constitutes the customer's offer to conclude the contract, which OKNLAB may accept within five days of receipt.
OKINLAB shall accept the offer by sending the order confirmation or sending the invoice. This concludes the purchase contract.
(5) Storage and access to the contract text
OKINLAB does not store the text of the contract and sends the order data and the terms of the contract to the customer by e-mail. In this way, OKINLAB provides the customer with the possibility to retrieve the contractual provisions upon conclusion of the contract and to store them in reproducible form. Access to the contract texts stored by OKINLAB is - with the exception of the freely accessible GTC - only possible for registered customers via the customer account.
(6) Detection and correction of input errors
In order to recognize and prevent input errors during the ordering process before the effective order, the customer can have a product overview page displayed, with the help of which he can check all details of the product and correct the data entered in the configurator or in the shopping cart using the "Form yourself"/"Configure" button or back button of the Internet browser.
(7) Available languages
The contract language is German.
§ 4 Grant of rights, marketing and contractual penalty for purchasers of FABRICATION DATA or LICENSE PRODUCTS ("LICENSE CUSTOMER").
(1) OKINLAB grants the Customer all rights required for the contractual use of the SUBJECT MATTER.
(2) Rights of use granted by OKINLAB are in principle non-exclusive, limited in time to the term of this Agreement and limited in location to the country of the billing address. Sublicensing to third parties is excluded.
(3) The granting of rights of use to the FABRICATION DATASET is further limited to the fact that an acquired license to a FABRICATION DATASET entitles in principle only to the one-time production of a CONFIGURATION PRODUCT. If further CONFIGURATION PRODUCTS are to be produced by means of a FABRICATION DATASET (duplication of CONFIGURATION PRODUCTS), the acquisition of further FABRICATION DATASETS is required.
(4) OKINLAB is entitled to provide a program code in each FABRICATION DATASET which causes the form.bar lettering and a form.bar identification number, together ORIGINAL FEATURES, to be milled into the CONFIGURATION PRODUCT.
(5) The LICENSEE is entitled to modify the FABRICATION DATASET, but is not entitled to modify and/or delete the ORIGINAL CHARACTERISTICS agreed to in Paragraph 4.
(6) If the LICENSEE violates any of his obligations under this paragraph, he shall forfeit a contractual penalty of €20,000.00 for each individual violation. Insofar as German law is applicable, a contractual penalty shall be payable to OKINLAB, the amount of which shall be at OKINLAB's reasonable discretion and may be reviewed by the Customer in court. The LICENSEE shall also be permitted to provide evidence that the damage incurred by OKINLAB is lower in the individual case. In the case of successful proof, the contractual penalty will be reduced accordingly.
(7) The LICENSEE grants OKINLAB a right of information and verification for the purpose of verifying its claims under this Agreement by submitting customer and product lists to a third party commissioned by OKINLAB and professionally bound to secrecy. The third party shall be entitled to verify the completeness of the submitted customer and product lists by comparing them with the customer's complete accounting and customer list. If violations of this Agreement by the LICENSEE are discovered the costs of engaging the third party shall be borne by the LICENSEE. Insofar as OKINLAB can demonstrate an initial suspicion, OKINLAB may demand a reasonable advance payment for the costs of engaging the third party, that is professionally bound to secrecy.
§ 5 Duties and Obligations of the Customer
(1) The customer shall fulfill all duties and obligations required for the execution of the contract. In particular, he shall keep secret the usage and access authorizations assigned to him or the users as well as the identifications and passwords communicated to him by OKINLAB, protect them from access by third parties and not pass them on to unauthorized users. Such data shall be protected by appropriate and customary measures. The customer shall inform OKINLAB immediately if there is any suspicion that the access data and/or passwords may have become known to unauthorized persons;
(2) The customer who is not a consumer shall permit OKINLAB to advertise with the customer as a reference customer in written works and on the Internet. OKINLAB shall, if necessary, ask consumers separately whether they agree to an advertisement as a reference customer.
(3) The customer undertakes to use a trademark owned by OKINLAB only with the prior consent of OKINLAB.
§ 6 Prices and terms of payment
(1) The prices displayed at the time of the order shall apply. The prices shown on the product pages include the statutory value added tax and other price components. Packaging and shipping costs, if any, will be charged in addition and displayed to the customer in a timely manner on the order overview page. In addition, the customer will find information on payment and shipping on the page /www.form.bar/zahlung-und-versand as well as on the order overview page under the information points at the relevant places. In the case of orders from abroad, it cannot be excluded that additional shipping costs will be incurred or that your bank or country will levy unknown costs or taxes, such as (import) duties, export or processing fees for payment. These are not costs that are paid through OKINLAB, but may be charged by OKINLAB as necessary.
(2) If the customer pays on account, he shall pay 50% of the invoice amount as a deposit upon receipt of the invoice. The remaining 50% of the invoice amount must be paid upon receipt of the goods. FABRICATION DATASETS must always be paid in full in advance. If the customer has not fulfilled his payment obligation within 30 days, OKINLAB is entitled to withdraw from the contract.
(3) OKINLAB accepts all payment methods indicated on the website. In the event of payment by invoice, OKINLAB will issue the customer with an invoice for the ordered goods, which will be sent to the customer in text form at the latest with the delivery of the goods. The agreement with easyCredit is made in accordance with their general terms and conditions for installment purchases.
(4) If payment via PayPal is offered by OKINLAB and accepted by the customer, the amount to be paid will be debited by PayPal after completion of the order process and entry of the required data on the PayPal page. If the customer pays by PayPal, credit card or direct debit, the amount will be transferred in full to OKINLAB. The general terms and conditions of PayPal apply in addition.
The total price of the ordered goods is payable depending on the selected payment method.
§ 7 Packaging and shipping costs
(1) Packaging and shipping costs, if any, shall be notified to the customer in due time before the order process is initiated. No packaging and shipping costs shall be charged for the electronic transmission of products.
(2) Delivery within Germany is free of charge. For shipping to Switzerland and other non-EU countries, an export fee (not customs clearance) of at least € 180.00 will be charged by the shipping company. The amount will be settled via the form.bar invoice. If desired, OKINLAB will provide a proposal for the foreign shipment.
§ 8 Delivery and Delivery Times / Assembly of the GOODS / Download
(1) The delivery of the products is carried out by a forwarding agency or is delivered directly by a carpenter partner.
(2) The delivery time is 4-6 weeks. The delivery time starts from receipt of payment. Order changes by the customer must be made in text form (e.g. in the comments field when ordering). OKINLAB is not obliged to accept subsequent order changes. OKINLAB shall accept order changes only if there is a possibility of implementing the change request. After verification by OKINLAB, the customer must again confirm the change to the order in text form. Confirmation is also possible via the customer area at www.form.bar. Order changes accepted by both contracting parties shall cause the required delivery time to start over again. Possible deviating delivery times can be found either in the product description or in the separately retrievable shipping information in the store. The processing of the order or the manufacturing process begins only after receipt of payment. Delivery dates are generally not fixed dates, unless otherwise expressly agreed. Due to delivery bottlenecks in the materials required for custom-made products or other circumstances that lead to a delay in delivery and for which OKINLAB is not responsible, OKINLAB is entitled to withdraw from the contract. In this case, the customer will be informed immediately and, if necessary, the delivery of a comparable product will be proposed. If no comparable product is available or the customer does not wish delivery of a comparable product, any consideration already paid shall be refunded to him without delay.
(3) Partial deliveries shall be permissible unless the Customer is clearly not interested in them or they are clearly unreasonable. Reasonableness shall be deemed to exist if
a) the partial delivery is usable for the Customer within the scope of the contractual purpose,
b) the delivery of the remaining ordered goods is ensured and
c) the Customer does not incur significant additional expenses or costs as a result or the Seller agrees to bear such costs.
(4) The costs for transport and packaging, insofar as such are charged, shall only be charged once for partial deliveries.
(5) Upon separate request and against additional remuneration, OKINLAB offers the Customer the option of having the delivered CONFIGURATION PRODUCT assembled by an assembly service. Otherwise, the customer itself is responsible for the assembly of the CONFIGURATION PRODUCT, which may have to be additionally fastened to achieve sufficient stability (e.g. on the wall). The parts and plug connections required for the actual assembly of the delivered CONFIGURATION PRODUCT are included in the delivery, but not any tools and devices required for fastening, such as to or in a wall.
(6) The receipt of the FABRICATION DATASET shall take place within 24 hours via download. OKINLAB reserves the right that the possibility of downloading may occasionally only be available in longer than 24 hours. This may be the case in particular due to technical problems. In such a case OKINLAB will try to make the download possible within another 48 hours. If this is not possible, the customer has the right to withdraw.
§ 9 Transfer of risk
(1) If the customer is an entrepreneur, i.e. if he is acting in the exercise of his commercial or independent professional activity when concluding the contract, the risk of accidental loss and accidental deterioration of the products shall pass to the customer upon handover, in the case of a mail order purchase upon delivery of the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
(2) In all other cases, the risk of accidental loss and accidental deterioration of the sold item shall not pass to the customer until the item is handed over, even in the case of a mail-order purchase, regardless of the selected shipping method.
§ 10 Exclusion or premature expiry of the right of withdrawal
(1) Customers who are consumers within the meaning of § 13 of the German Civil Code (BGB) and who are resident in the territory of the European Union shall have a right of withdrawal. The right of withdrawal does not exist if the customer, when concluding the contract, acts in the exercise of his commercial or independent professional activity and therefore as an entrepreneur within the meaning of § 14 of the Civil Code (BGB).
(2) The right of withdrawal also does not exist
- in the case of contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
as well as
- in the case of consumers, insofar as the order is placed from or the shipment is made to a country that is not a member of the European Union.
(3) The right of withdrawal shall expire prematurely in the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
If, on the other hand, the goods are delivered in several partial shipments or pieces, the withdrawal period begins from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or piece.
In the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, the withdrawal period begins 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 last goods.
To exercise your right of withdrawal, you must send us
Fax: +49 (0)681 302 2578
Tel: +49 (0)681 410 976 42
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we shall reimburse you 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 most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from 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 any fees because of 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 or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of about € 250.00 EUR.
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 for testing the condition, properties and functioning of the goods.
(4) As a gesture of goodwill, OKINLAB may in individual cases bear the costs of returning online store products.
(If you want to cancel the contract, please fill out and return this form).
To [here the name, address and, if applicable, the fax number and e-mail address of the entrepreneur is to be inserted by the entrepreneur]:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/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 notification on paper)
(*) Delete as applicable.
Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts: Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 11 Warranty, Guarantee
(1) If the customer is an entrepreneur, it shall inspect the goods for obvious defects immediately upon receipt and, if such defects are present, notify OKINLAB thereof in writing within seven days at the latest, otherwise any warranty for such defects shall be excluded. The same shall apply if such a defect becomes apparent later. § Section 377 of the German Commercial Code (HGB) shall apply.
(2) If the Customer is a consumer, the statutory warranty provisions shall apply without limitation.
(3) With the exception of claims for damages, claims for defects due to material defects shall become statute-barred after two years or after one year if no consumer is involved in the transaction.
(4) If a warranty is stated in the offer, the statutory liability for defects shall remain unaffected.
(5) A model which essentially corresponds to the customer's specifications, taking into account minor deviations, in particular those mentioned under § 1 para. 5, shall be considered free of defects. OKINLAB does not assume any warranty for the functionality and the stability of the CONFIGURATION PRODUCTS. Furthermore, production-related minor material impurities or minor material deviations, e.g. in wood grain and wood color, do not constitute a defect because wood is a natural material.
§ 12 GOODS subject to retention of title
(1) If the customer is a consumer, the following provision on retention of title shall apply:
All deliveries shall be made subject to retention of title. The delivered GOODS shall remain the property of OKINLAB until the purchase price has been paid in full.
(2) If the Customer is an entrepreneur, the following provisions on retention of title shall apply:
The retention of title agreed below shall serve to secure all respectively existing current and future claims of OKINLAB against the customer arising from the delivery relationship existing between the contracting parties (including balance claims from a current account relationship limited to this delivery relationship).
The GOODS delivered by OKINLAB to the customer shall remain the property of OKINLAB until full payment of all secured claims. The GOODS as well as the GOODS taking their place in accordance with this clause and covered by the retention of title shall hereinafter be referred to as the GOODS subject to retention of title.
The customer shall hold the GOODS subject to retention of title in safe custody for OKINLAB and free of charge.
The customer shall be entitled to process and sell the GOODS subject to retention of title in the ordinary course of business until the case of realization occurs (§ 12 para. 2 subpara. 8). Pledges and transfers of ownership by way of security are not permitted.
If the GOODS subject to retention of title are processed by the customer, it is agreed that the processing shall be carried out in the name and for the account of OKINLAB as manufacturer and that OKINLAB shall acquire direct ownership or - if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the GOODS subject to retention of title - co-ownership (fractional ownership) of the newly created item in the ratio of the value of the GOODS subject to retention of title to the value of the newly created item. In the event that no such acquisition of ownership should occur at OKINLAB, the customer shall already now transfer its future ownership or - in the above-mentioned ratio - co-ownership of the newly created item to OKINLAB as security. If the GOODS subject to retention of title are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, OKINLAB shall, insofar as the main item belongs to it, transfer proportional co-ownership of the uniform item in the ratio specified in this subparagraph in sentence 1 to the customer.
In the event of the resale of the GOODS subject to retention of title, the customer hereby assigns the resulting claim by way of security against the purchaser to OKINLAB - in the event of co-ownership by OKINLAB of the reserved goods, in proportion to the co-ownership share. The same shall apply to other claims that take the place of the Retained Goods or otherwise arise with respect to the Retained Goods, such as insurance claims or claims in tort in the event of loss or destruction. OKINLAB revocably authorizes the customer to collect the claims assigned to OKINLAB in its own name for the account of OKINLAB. OKINLAB may revoke this collection authorization only in the event of realization.
If third parties gain access to the GOODS subject to retention of title, in particular by way of seizure, the customer shall immediately notify them of OKINLAB's ownership and inform OKINLAB of this in order to enable it to enforce its ownership rights. If the third party is not in a position to reimburse OKINLAB for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable to OKINLAB for this.
OKINLAB shall release the GOODS subject to retention of title as well as the items or claims replacing them upon request at its discretion, insofar as their value exceeds the amount of the secured claims by more than 30%.
If OKINLAB withdraws from the contract in the event of conduct by the customer in breach of the contract - in particular default in payment - (case of realization), it shall be entitled to demand return of the GOODS subject to retention of title.
§ Procedure for dealing with complaints
OKINLABS's procedure for dealing with complaints complies with the requirements of professional diligence. Accordingly, should the customer wish to make complaints, he may do so in writing or verbally via any of the means of communication and addresses/numbers mentioned herein, as well as to the joinery partner who will be communicated to the customer after the order has been placed and who is responsible for the manufacture of the product. Prompt processing is assured.
We do not participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 Place of Jurisdiction, Choice of Law
(1) The place of jurisdiction for all disputes in connection with the delivery transaction shall be the registered office of OKINLAB in the event that the customer is a merchant, a legal entity under public law or a special fund under public law or is a consumer but does not have a general place of jurisdiction in Germany or moves its place of residence abroad after conclusion of the contract or the place of residence of the customer cannot be determined at the time the action is filed.
(2) The contracting parties agree with regard to all legal relationships arising from this contractual relationship that the law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
§ 15 Additional provision
In the event that any provision of these General Terms and Conditions should be invalid, the validity of the other provisions shall not be affected. This applies in particular to the contract already concluded. The invalid clause shall be replaced by the statutory provision. Other provisions shall only apply if in this case adherence to the contract represents an unreasonable hardship for one of the contracting parties. In this case, the contract as a whole shall be invalid.