Terms of service

§ 1 Scope of Application and Provider

1. These General Terms and Conditions are on one hand proposed by the company

OP DER LAY S.à r.l.
ZARE Ilot-Est, 2a
L-4385 Ehlerange,
Luxembourg

Directors: Doris Bintner and Eric Steffen,
registered in the Luxembourg Trade and Companies Register under number B102134,

hereinafter referred to as "Op der Lay", operating the websites www.opderlay.lu and www.opderlay.com, and on the other hand by any natural or legal person wishing to make a purchase on the website www.opderlay.lu or www.opderlay.com, hereinafter referred to as "the buyer".

2. The product offer in our online shop is exclusively directed at buyers who have reached the age of 18.

3. Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions thus also apply to all future business relationships with companies, even if they are not expressly agreed upon again. The inclusion of a customer's general terms and conditions that contradict our General Terms and Conditions is hereby rejected. We reserve the right to modify these General Terms and Conditions at any time to comply with new regulations or to improve the use of our website. In this case, the conditions valid at the time of the buyer's order apply.

4. The contract language is German.

5. You can access and print the currently valid General Terms and Conditions on the website opderlay.lu.

§ 2 Conclusion of Contract

  1. The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is an invitation to order goods in the online shop.
  2. By clicking the button ["Proceed to Payment"], you submit a binding purchase offer.
  3. A purchase contract for the goods is only concluded when we expressly accept the purchase offer (order confirmation) or when we dispatch the goods to you – without prior express acceptance –.

§ 3 Prices

The prices stated on the product pages are prices in Euro (€), including the statutory value-added tax and other price components (TTC). We reserve the right to change our prices, but the price stated in the catalog on the day of the order is solely binding for the buyer. The prices quoted do not include shipping costs, which will be calculated upon ordering. Further information on shipping costs can be found on our website under ["Shipping Information" / "Delivery Terms"].

§ 4 Payment Terms

  1. Payment is made by:• PayPal • Credit card (Stripe) • Apple Pay (Stripe)
  2. The selection of the available payment methods is our responsibility. We reserve the right, in particular, to offer you only selected payment methods for payment.
  3. When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction is automatically carried out by PayPal immediately thereafter.

§ 5  Delivery; Shipping Costs; Retention of Title

1. Unless otherwise agreed, delivery of the goods is made from our warehouse to the address you provided.

2. For orders of €29 or more, we offer free delivery to all postal addresses in Luxembourg. For orders below this amount, we charge a shipping and handling fee of €4 per shipment to postal addresses in Luxembourg. For orders shipped to addresses outside of Luxembourg, the system automatically calculates fees based on weight, size, and delivery address. (see Shipping)

3.Upon confirmation of your order, you will receive a confirmation email to the address you provided. This email includes the reference number of your order with Track & Trace tracking from the Post Luxembourg network.

Tracking Your Order

For all shipped orders, we offer two options at checkout: regular mail or mail with Track & Trace tracking. If you choose regular mail without tracking and your order does not arrive, we cannot offer any refund or compensation. For orders exceeding a certain amount and qualifying for free delivery, orders within Europe are automatically shipped as priority mail with tracking, and elsewhere in the world as regular mail with tracking. You can check the status of your order at any time on the official Post Luxembourg website. Please allow 1-2 days for the activation of your tracking number, which you received upon confirmation of your order by email: https://www.post.lu/particuliers/colis-courrier/track-and-trace#/search

For deliveries to Luxembourg, where delivery is typically faster than the activation of the tracking number, your order will be shipped by priority mail without tracking.

4. The goods remain our property until full payment of the purchase price, with shipping taking place after successful payment.
We are exceptionally not obliged to deliver the ordered goods if we have properly ordered the goods ourselves but have not been properly or timely supplied (congruent cover transaction). The condition is that we are not responsible for the unavailability of the goods and that you are informed of this immediately. Additionally, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, we will promptly refund any payments already made. We do not assume the risk of having to obtain ordered goods (procurement risk). This also applies to orders of goods described only by their nature and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.


§ 6  Right of Withdrawal

In the event that you are a consumer, meaning that you make the purchase for purposes that are predominantly neither commercial nor professional, you have a right of withdrawal in accordance with the following provisions:

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 you or a third party designated by you, other than the carrier, take(s) possession of the goods.

To exercise your right of withdrawal, you must inform us:

Name:

Address:

Email:

Phone:

by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose 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 we 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 communicated 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.

§ 8 Data Protection

1. You expressly agree to the storage, processing, and use of the personal data provided to us during the ordering process for contractual purposes and on the basis of data protection regulations. Personal data includes all individual details (data) that relate directly to a natural person, i.e., all information about your identity, such as your name, email address, or postal address.

2. You have the right to information as well as the right to correction, blocking, and deletion of your stored data.

3. Without your explicit consent, there will be no automated collection, processing, or use of personal data from your internet visit. You can revoke your consent at any time by emailing shop@opderlay.lu. Op der Lay S.à r.l. adheres to the legal data protection regulations and only uses your data for purposes to which you have authorized us. Op der Lay will process, store, evaluate, and use the data received in connection with the business relationship in accordance with data protection laws. Op der Lay uses your personal data for processing orders and any complaints. Op der Lay also only uses your email address for communications regarding orders and inquiries, as well as for informational letters that may be of particular interest to you, such as significant changes to the shop's offerings, services, products, special offers, and promotions. If you do not wish to receive these informational letters, please notify us at the email address shop@opderlay.lu. Additionally, Op der Lay sends newsletters if requested by you. You can unsubscribe from informational letters and newsletters at any time.

4. In principle, Op der Lay does not pass on your data to third parties. It is our policy to treat your data absolutely confidentially. Exceptions to this are cases where we need to use service providers. These include, for example, service providers for parcel delivery, payment processing, and sending letters or emails. Our service providers are obliged to use your data only in such a way that they can fulfill their service to you. Our service providers are required to handle the data in accordance with European data protection regulations, use the data for no other purpose, and in no case pass it on to third parties.

5. We use Secure Socket Layer (SSL) encryption to transmit your data, ensuring that your data is protected from unauthorized access.

6. In this online shop, we use so-called "cookies." These are small text files sent from our web server to your computer to identify it for the duration of your visit. We do not collect any personal data via these cookies. The shop's display is also possible without storing cookies. You can deactivate the storage of cookies in your browser settings or set it to inform you about the intended storage by a website. In this case, you decide whether to accept the cookie. However, we recommend allowing cookies for the shop, as they are necessary for the full functionality for technical reasons.


§ 9 Miscellaneous

1. The law of the Grand Duchy of Luxembourg shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction, to the extent legally permissible, shall be Luxembourg.

2. Contractual amendments and changes to these terms and conditions, including this written form clause, require written form. The invalidity of individual provisions shall not affect the remaining validity of the contract and these terms and conditions.

12.03.2024