General
The following conditions apply to all services provided by Felix GmbH, Friedrich-Ebert-Straße 354, 47139 Duisburg, (hereinafter referred to as Oemly), on the domain, https://oemly.com, The inclusion of the customer's own general terms and conditions is objected to unless the parties agree otherwise. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or a legal partnership capable of holding rights and obligations, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction. Communication also takes place via email. The customer must ensure that the email address provided by them is correct so that emails sent by the provider can be received at that address. When using spam filters, it must be ensured that all emails sent by Oemly or by third parties commissioned by Oemly for processing can be delivered.
Services
All customers can register for free with Oemly and create a new account. After creating the account and confirming the data via email, the customer can immediately use the provided services without incurring any costs from Oemly. The customer can then search for the desired spare part by entering the chassis number in the free parts catalog and immediately receive suggestions for matching eBay offers,which they can access directly. Oemly reserves the right to make changes to the website, modify functionalities, or even block the pages. You will not be notified of any changes. Oemly reserves the right to permanently delete the account and all associated data
Use of the Portal and Registration
To be able to use the offered services of the website, the user must register. It is not possible to use the search function without registration. Registration is currently free of charge. The user assures that all data entered by him in the system is correct and up-to-date.By registering, the user confirms that he has read and accepted the terms and conditions (AGB in German). Otherwise, the registration must be canceled. After successful registration, the profile is not yet active. The user must confirm the email sent to him before the profile becomes active.
General Obligations
The user is responsible for ensuring that his profile is only used by him. He is obligated to treat his user data (email and password) confidentially and not to disclose it to third parties. Accounts are not transferable.
Account
The user's profile is not visible to other users. Further information about the user's rights can be found in the privacy policy.
Users can delete their accounts from their dashboard > profile menu.
Liability / Indemnification
Oemly only provides the search function and is not responsible for the raw data or the search results on eBay. The user is responsible for verifying the accuracy of the search results themselves. In particular, no liability is assumed for the product descriptions contained in the eBay offers. Oemly has no influence on any subsequent contract fulfillment and is not liable in this regard.
Right of Withdrawal for Distance Contracts for Consumers
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributed to their commercial nor their independent professional activity.
Right of Withdrawal Information
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributed to their commercial nor their independent professional activity. It is pointed out that for items for which the platform provides an eBay warranty, the right of withdrawal is granted to all customers, regardless of their consumer status.
Right of Withdrawal
You have the right to withdraw from 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, have taken possession of the goods. To exercise your right of withdrawal, you must inform us (Felix GmbH, Friedrich-Ebert-Straße 354, 47139 Duisburg, Tel: +49 20644588594, Email: info@oemly.com) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not required. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. End of the withdrawal instruction.
Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To: Felix GmbH Friedrich-Ebert-Straße 354, 47139 Duisburg info@oemly.com
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/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 for communication on paper)
- Date (*)
(*) Delete as appropriate.
To: Felix GmbH Friedrich-Ebert-Straße 354, 47139 Duisburg info@oemly.com
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/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 for communication on paper)
- Date (*)
(*) Delete as appropriate.
Mandatory Information
The identity and address of the user of these terms and conditions can be found in the legal information provided by the user. The user is not subject to any specific codes of conduct. The essential features of the goods or services, as well as any limitations on the validity period of the information provided, can be viewed at https://oemly.com. A contract between the user and the customer is formed through an offer and acceptance. Details regarding the conclusion of the contract, especially the individual technical steps for concluding the contract, are explained in detail under Section IIIof these terms. Details about the contract, particularly the existence or non-existence of a right of withdrawal and its conditions and exercise - the name and address of the withdrawal recipient, as well as the legal consequences of withdrawal - and warranty conditions can be found in the information provided by the user within Sections VI, VII of these terms. Input errors can be corrected before completing the account by the user, by reviewing and correcting the data before submission. After the completion of the account, corrections can be made through support. To do so, send an email to support specifying the desired changes. The terms of use can be accessed on the website at any time, but only the current version is available. You can print the currently valid version using the browser's corresponding function. The user does not separately store the terms. The contract language is German. Information on Online Dispute Resolution: The EU Commission provides an internet platform for online dispute resolution (the so-called 'OS platform'). The OS platform is intended to serve as a point of contact for the out-of-court resolution of disputes regarding contractual obligations arising from online purchase contracts. The OS platform can be reached at the following link: https://ec.europa.eu/consumers/odr. Our email address is: info@oemly.com.We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Miscellaneous
If one or more of the above conditions are or become ineffective or contain a gap, the remaining conditions remain unaffected, provided that adhering to the contract would not represent an unreasonable hardship for the buyer (§ 306 BGB). The exclusive place of jurisdiction for all disputes arising from the contractual relationship and its effectiveness, if you are a merchant, a legal entity under public law, or a special public fund, or if you have your registered office abroad, is our place of business German law applies. For consumers who do not enter into the contract for professional or commercial purposes, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory consumer protection provisions of the law of the country in which the consumer has his habitual residence.