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Terms of use of Olav

These Olav Terms of Use apply to the ordering and delivery of the products offered from time to time on this website ("Site") operated by Olav GmbH trading as Olav ("Olav", "we" or "us"). Olav is a limited liability company incorporated in Germany with registration number HRB 84398 and registered office in Cologne. The VAT identification number is DE319665088.








The purchase of the Products (as defined below) is subject to the following terms and conditions ("Terms"). Please read these Terms carefully. By ordering a Product, you agree to be bound by these Terms without limitation or qualification. If you do not agree to these Terms, you may not order any Product from the Site. If you are ordering Products on behalf of a corporation, company or organisation (collectively "Organisation"), you represent and warrant that you (a) are an authorised representative of that Organisation, (b) have authority to bind that Organisation to these Terms, and (c) agree to be bound by these Terms on behalf of that Organisation.








If you have any questions about the Terms, please contact us at hello@myolav.com.

We provide the Site so that you can view and purchase Olav Products.

PRIVACY

We have created a privacy and cookie policy which we hereby refer you to so that you can fully understand how we collect and use your data.

ACCOUNTS, REGISTRATION AND PASSWORDS

To facilitate future purchases on the Site, Olav may offer to create an account by providing you with an email address and password and certain other personal information. Please note that you may use the Site and make purchases without creating an account. When you create an account, you certify that the information you provide to Olav when you create an account and at any time thereafter is true, accurate, current and complete. Your account is personal to you, and you may not share your account information with or provide access to your account to any third party. Because you are liable for all activities that occur under your account information, you agree to use reasonable efforts to prevent unauthorised access to or use of the Site through your account and to maintain the confidentiality of your user name and password and any device you use to access the Site.

You agree to notify us immediately if you become aware of or suspect a breach of the confidentiality of your login information. If you have any reason to believe that the confidentiality of your account information has been compromised or that your account has been accessed by a third party, you agree to notify Olav immediately by emailing hello@myolav.com.

We reserve the right to delete your account at any time without notice or liability. The deletion will not affect any rights or liabilities already held by you or us at the time the deletion takes effect.

PRODUCT INFORMATION

Although we have taken reasonable steps to display the Products as accurately as possible through photographs or other images on the Site, the Product features (such as colour, texture, etc.) that you see on screen will depend on your monitor and therefore may not accurately reflect the actual characteristics of a Product when you receive it. This clause does not limit your rights under any statutory warranty.

If you have any questions about a product, including in particular any questions about the size or dimensions of a product, please contact hello@myolav.com. We strongly recommend that you contact us before placing an order.

RETOURE

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or, in the case of partial deliveries, the last delivery.
In order to exercise your right of withdrawal, you must inform OLAV GmbH Vitalisstr. 67, e-mail: hello@myolav.com by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. 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.

However, a prerequisite for exercising the right of return is that you return the goods complete, intact and unused in the original packaging and - if available - with an undamaged seal.

ORDER AND AVAILABILITY

In order to order a product, you must be at least 18 years old or act with the consent of your parents or other legal guardian.








You can order products by clicking on the products you wish to purchase and then following the prompts on the screen. You can check and correct input errors in your order up to the point at which you place your order. You place your order by clicking on the "order to pay" button on the checkout page. The display of our products on the site is a non-binding opportunity for you to place an order and thereby make us an offer to enter into a contract with us.
After placing an order, we will send you an email with an order number confirming that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase a product. All orders are subject to our acceptance. We are not obliged to accept your order and may, at our discretion, decline to accept an order. However, you confirm that by clicking on the "place order" button you agree to pay for the product(s). If we accept your order, we will confirm that acceptance by sending you an email confirming that the Product has been dispatched ("Dispatch Confirmation"). The contract between you and us in relation to the Product(s) ordered ("Contract") will only be formed when we send you the Dispatch Confirmation. Once the Contract has been formed, we are legally obliged to deliver goods to you in accordance with the Contract.
The Contract will only relate to the Product(s) that we have confirmed in the Dispatch Confirmation. We are not obliged to supply (any) other product(s) that may form part of your order until the despatch of that product(s) has been confirmed in a separate despatch confirmation. We do not store the text of the contract after it has been concluded. You can print and save the contract information provided in the dispatch confirmation.


PRICES AND PAYMENT

The price of products available for purchase through the Site will be displayed on the Site. Prices shown include all applicable taxes and delivery charges unless you choose express delivery (if available), in which case the relevant delivery charges will be added to the total amount due at checkout.








Prices (and charges for express shipping (if available)) are subject to change at any time; however, changes will not affect orders for which we have already sent you a shipping confirmation.The Olav Pan is purchased independently of the recoating service. The price of the Olav Pan is for the product only and does not include any additional services.








Payment for all orders is made by credit or debit card at the checkout page. We accept payment by major credit and debit cards, Visa and MasterCard, as well as the payments displayed on the relevant payment screen.








The site currently uses third parties to process payments. Please note that online payment transactions may be subject to validation checks by your card issuer and we accept no responsibility if your card issuer refuses to authorise payment for any reason whatsoever. Please note that your card issuer may charge you an online processing or settlement fee. We are not responsible for this.








All payment transactions on the Site will be made in Euro (€) or, where required, in the relevant local currency.








End of additional terms and conditions








We may also cooperate with other payment providers such as Scalapay, Paypal, Amazon Pay. In this case, we will inform you of this where necessary and ask you to agree to the applicable additional terms and conditions.








Scalapay's payment options








In cooperation with Scalapay Limited, 7 D'Olier Street, Dublin 2, D02HF60, Ireland, we offer the following payment options, among others. In each case, payment is made to Scalapay:








In order to offer you Scalapay's payment options, and where applicable in the event of a reversal of a purchase, we may need to transfer some personal data from you to Scalapay. This only happens if you select Scalapay as your payment option. Scalapay uses the data to assess whether you are eligible for the payment options. The data includes your name, address, telephone number, payment history, and details of your order, such as your payment method, shipping address, products ordered, and the like. Your personal data will be treated by Scalapay in accordance with applicable data protection legislation and as set out in Scalapay's privacy policy.

GIFT AND OFFER CODES; REFERRAL PROGRAMME

Olav may, from time to time, offer eligible consumers "gift codes" or "offer codes" through a variety of promotional campaigns and communications (collectively referred to in this Agreement as "Offer Codes") that are redeemable for a purchase on our Site - while supplies last - and subject to any trade exclusions or other restrictions that may be determined and communicated by Olav at the point of sale where the Offer Codes are provided and/or on the Site with respect to the products involved. Only valid Offer Codes provided or advertised by Olav will be redeemed at checkout. Codes provided or promoted by third parties not authorised by Olav (including websites of unauthorised third parties) are not valid. Offer Codes promoted by Olav are non-transferable and valid for one-time use only on (a) Merchandise Product(s), as determined by Olav. Offer codes may not be combined; customers may only redeem one offer code per order. Offer Codes may not be used in conjunction with Olav's referral programme. Offer codes may not be used for the purchase of non-branded merchandise or shipping charges. For online purchases, enter the code in the space provided at checkout. Offer codes are not valid in showrooms or stores and can only be redeemed online. Olav is not liable for lost, stolen or damaged codes or unauthorised use of codes. Offer codes cannot be redeemed for cash or cash equivalent; codes will not be paid out or credited. The monetary value of an Offer Code will not be refunded or credited if any or all of the item(s) are returned. Specific expiry dates may apply to the relevant Offer Codes. Offer Codes are void if duplicated, transferred, sold, bartered, expired or otherwise prohibited.








Spokesperson. Olav may, from time to time, employ speakers, influencers, bloggers or other individuals or entities who have been compensated and motivated to speak on behalf of the Brand. If you receive an offer code through a third-party source, such as the host of a television or radio show, please note that these individuals are compensated by Olav for their testimonials.








Referral Programme. Olav offers brand advocates the opportunity to provide referrals to friends through the Olav Ambassador Programme. Participation in the programme is subject to the terms and conditions of Olav's referral programme.

DELIVERY

When you place an order for Products through the Site, the Products will be delivered to the address in Germany, Austria or Switzerland that you specify as the "Shipping Address" during the checkout process.








Your order will be fulfilled on the delivery date specified in the Dispatch Confirmation or, if no delivery date is specified, within 30 days of the date of issue of the Dispatch Confirmation, subject to exceptional circumstances.








If your delivery address is in a geographically isolated area, such as remote islands or other isolated location, we may not be able to deliver there. In this case, we will notify you before accepting your order. We reserve the right not to deliver to countries that are prohibited from exporting under export laws. Orders cannot be delivered to a PO Box or similar address.








Products in a single order cannot be delivered to different addresses.








Please note that product packages may be opened and inspected by customs authorities and may be subject to import duties and taxes, which will be levied when the shipment arrives at the specified destination. You are responsible for paying these import duties and taxes. Please note that we do not control these charges and cannot determine their amount in advance. Please contact your local customs office for further information before placing your order.

RISK AND OWNERSHIP

The Product(s) ordered will pass to your risk from the time of delivery. Title to the Product(s) ordered will also pass to you on delivery when we have received in full all sums due in respect of the Product(s), including any delivery charges.

YOUR RIGHT OF REVOCATION

As a consumer, the customer has a right of cancellation in accordance with the following cancellation policy:
You have the right to withdraw from this contract within fourteen days without giving any reason
The revocation period is fourteen 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 last goods.

To exercise your right of withdrawal, you must send us,



OLAV GmbH
Vitalisstr. 67
50827 Cologne
hello@myolav.com

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation


If you withdraw from this contract, we must refund 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), without delay and at the latest within fourteen days of the day on which we received 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 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 or hand over the goods to Alaiko c/o VDS Fulfillment, Siemensstraße 14, 37412 Herzberg, Germany, without undue delay and in any event no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.


We will bear the costs of returning the goods.
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 checking the condition, properties and functioning of the goods.


End of the cancellation policy

Pursuant to § 312g of the German Civil Code, the right of revocation shall not apply, inter alia, in the following cases


a) in the case of the delivery 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 personal requirements and
b) in the case of the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

If you order products from us as a consumer within the meaning of the statutory provisions, you are entitled to a right of withdrawal in accordance with the following provisions.

DEFECTIVE PRODUCTS

If, on delivery, a product you have ordered is damaged or defective or has a fault, you may have one or more remedies depending on when you bring this to our attention in accordance with your rights. If you believe that a Product has been delivered damaged or defective or has a fault, you should notify us of this as soon as possible, preferably in writing, stating your name, address and order reference. Your statutory rights remain unaffected by this clause.

PRODUCT GUARANTEE / LEGAL WARRANTY

You are entitled to the statutory warranty rights of subsequent performance, reduction, withdrawal and compensation for damages in accordance with §§ 437 ff BGB (German Civil Code) to the extent provided by law.








The guarantor is








Olav GmbH








Vitalisstr. 67








50827 Cologne








In the event of a defect, please send us an e-mail to hello@myolav.com. You may be asked to provide us with proof of purchase and proof of the defect. You may also be asked to return the defective product to us.








If you would like your defective product to be replaced with a more expensive one, please let us know when you email us describing the defect. You will pay the difference between the original purchase price of the product and the higher priced one.








For repaired or replaced products (apart from non-higher value pans) and higher value products that have been purchased, the statutory rights apply.

OUR LIABILITY

We shall be liable in accordance with the statutory provisions for damage (a) resulting from injury to life, body or health due to the breach of an obligation by us, a legal representative and vicarious agents, (b) caused intentionally or by gross negligence by us, a legal representative and vicarious agents or (c) caused due to the absence of a guaranteed quality, or in the event of fraudulent misrepresentation. In the event of damage to property or financial loss as a result of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are obligations the fulfilment of which makes the proper performance of a contract possible in the first place and on the observance of which the contracting parties may regularly rely and trust. In all other respects, our liability is excluded. Liability under the Product Liability Act remains unaffected.

ELECTRONIC COMMUNICATION

When you visit the site or send us an email, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, correspondence, disclosures and other communications that we send to you electronically comply with the legal requirements of a written communication.

CONTENT YOU PROVIDE TO OLAV

Olav may from time to time allow you to post reviews, comments, photos or similar material on the Site, or you may send ideas, suggestions or materials (collectively "Reviews"). We welcome your comments regarding our products and services, including our Site. However, reviews you send to Olav must not infringe the rights of, libel, defame, threaten or otherwise violate any third party, or contain vulgar, obscene, offensive, pornographic, defamatory or infringing material.

By posting a review on the Site, you grant Olav an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid-up license to use any reviews you post on the Site for any purpose whatsoever, including promoting and marketing Olav and Olav's products, together with your username, reproduce, distribute, publicly display, transmit, publicly communicate, publicly perform, create abridged versions of (and make other modifications to, as and when appropriate in light of your interests) and otherwise use and exploit (collectively, "Use") any Reviews you post on the Site worldwide. Other than materials provided to you by Olav through the Site, you acknowledge that (a) you are either the sole and exclusive owner of the Ratings you post on the Site or you have all rights, licenses, consents and releases necessary to grant Olav the rights in your Ratings set forth in this section and (b) the Ratings you post on the Site,
do not infringe the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, privacy rights, or other intellectual property or proprietary rights, do not include content that is defamatory, inaccurate, violates any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, non-consensual recordings), or is otherwise unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promote or be construed to promote discrimination, bigotry, racism or hatred, as determined by Olav in its sole discretion, do not contain viruses, time bombs, worms, cancelbots, Trojan horses and/or any other harmful or malicious code, and do not require Olav to obtain a license from or make a payment to any third party.

Monitoring. Olav is under no obligation to monitor this Site or any part thereof. However, we reserve the right to review reviews and to remove, delete, adjust or otherwise modify such reviews in our sole discretion at any time and from time to time without notice and without further obligation to you. Olav is under no obligation to display or post any Reviews. Olav reserves the right, subject to the Privacy Policy and Cookie Policy, to disclose at any time and from time to time any information or posted content that it deems necessary or appropriate, including, without limitation, to comply with any applicable law, regulation, contractual obligation, legal process, dispute resolution process or governmental request.

Please send complaints regarding the content of any material or content on this site to hello@myolav.com and provide details of the relevant material or content that gave rise to the complaint.

AMENDMENTS TO THESE TERMS AND CONDITIONS

We reserve the right to modify or adapt these terms and conditions applicable to our contract with you in due course in the event of any subsequent inadequacy of the contractual arrangements which could not have been foreseen at the time of entering into the contract, or to take account of compliance with changes in the applicable legal or technical framework. This will not affect our main contractual obligations or the main features of the products.

In other cases where we change our terms and conditions and this would affect an ongoing obligation to you, we will give you at least four (4) weeks' notice of these changes by email. If you do not agree to the changes, you may object to them by email or in writing within four (4) weeks of receipt of the notice. If you do not object within this period, the amended terms and conditions shall be deemed accepted. Changes will not apply retroactively. We will inform you about your right to object, the deadline and the consequences of non-action in our notification. This paragraph does not apply to changes to the subject matter of the contract or to a change in material contractual obligations that would lead to a change in the contract structure as a whole. In this case, we will offer to continue our contract with you under the then amended conditions.

DISPLAY

Our failure to exercise any right in whole or in part or our waiver of any breach by you of these Terms will not prevent us from exercising that right at a later date or be deemed to be a waiver by us of any subsequent breach by you of the same or any other provision of these Terms. Our rights and remedies under these Terms or any other applicable agreement between you and us are cumulative and the exercise of that right or remedy does not limit our right to exercise any other right or remedy.

SEVERABILITY CLAUSE

If any of these terms and conditions are held to be invalid, void or for any reason unenforceable, such provisions shall be severed and shall not affect the validity and enforceability of any remaining term or condition.

COMPLETE CONTRACT

These Terms and any document expressly referred to in them constitute the entire agreement between you and Olav in relation to any Contract. Please note that contracts can only be concluded in German.

A person who is not a party to this agreement does not have the right to enforce or assert any rights under any provision of these terms and conditions.

SETTLEMENT OF DISPUTES

These Terms and their interpretation shall be governed by German law, excluding the conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980. If you are a merchant, a legal entity under public law or a special fund under public law, you agree that any dispute between you and us regarding these Terms and their interpretation or any contract shall be brought exclusively before the courts of Berlin.

Conditions of participation competition

Organiser. The sole organiser of the Olav Competition is Olav GmbH, Vitalisstr. 67, 50827 Cologne, Germany (hereinafter: the Organiser).

Prize draw participation.

Only persons who are resident in Germany, Austria or Switzerland and have reached the age of 18 are eligible to participate. Employees of Olav GmbH or its affiliated companies are excluded from participation.

If you have any questions about these terms and conditions or any order placed or the ordering process in general, or any enquiries or queries after purchase, please contact us using the contact details on the site.

Please direct any complaints by email to hello@myolav.com.

Disqualification from the Prize Draw. Without prejudice to any other rights, the Promoter expressly reserves the right to exclude any entrant from further participation in the Prize Draw at any time for failing to provide correct and truthful information, including but not limited to the age and/or identity of any person. In the event of violations of these terms and conditions of participation and / or suspected manipulation or separately established competition rules and / or the use of technical means and / or other manipulative aids and / or violation of morality, the organiser is entitled at any time to exclude participants without giving reasons, to deny them their prizes or, if necessary, to demand their return. The organiser expressly reserves the right to assert further rights.


Prize draw. The online prize draw will be held monthly and the winner will be drawn by the middle of the current month (deadline - 15th of each month). Participation in the draw must take place by the deadline of the month at midnight. Winners will be notified by email by the end of the current month.

Forfeiture of the prize. The winner will be notified by email within 7 days of the end of the prize draw and asked to get back to us by email with their full name and correct address. The right to claim the prize will expire one week after notification. The time limit for this begins with the receipt of the notification. In this case, a winner will be chosen by the organiser from among the remaining participants. The provision in clause 5 shall apply accordingly.
Data protection. In order to deliver the prize, the organiser is entitled to request the name and address of the winner and to pass on the necessary data to its cooperation partner Alaiko GmbH. The data will be stored at most until the completion of all activities specifically related to the competition. The participant has the right to demand the deletion of all data transmitted by him/her at any time. Participation in the competition ends when the claim for deletion is exercised or the prize is delivered. Furthermore, the general data protection information of the organiser shall apply.

Exclusion of liability. The organiser shall be liable - without limitation - in accordance with the statutory provisions for damage to life, limb and health resulting from a grossly negligent or intentional breach of duty. Liability for damages shall be limited to the foreseeable, typically occurring damage, unless the organiser has acted with intent. In the event of slight negligence, the organiser shall only be liable for property damage and financial loss in the event of a breach of essential contractual obligations. Any further liability on the part of the organiser is excluded, irrespective of the legal nature of the asserted claim. This applies in particular to tort claims, claims for reimbursement of futile expenses instead of performance and claims based on a delay in performance or impossibility due to force majeure. Insofar as the liability of the organiser is excluded or limited, this shall also apply to the personal liability of the organiser's employees, workers, staff, representatives and vicarious agents.

Complaints. Complaints relating to the conduct of the competition must be made in writing to the address of the organiser stated in section 1 within 14 days of the reason for the complaint becoming known, stating the competition.

Final provisions. The Promoter reserves the right to amend these terms and conditions at any time without giving reasons, unless the amendment is unreasonable for the entrant. The organiser shall notify the participant of any changes to the conditions of participation without delay. If the participant does not object to the validity of the amended conditions of participation within a period of 2 weeks, the amended conditions of participation shall be deemed accepted by the participant. The organiser undertakes to specifically draw the participant's attention to the intended significance of his/her conduct at the beginning of the period.