Terms of service

General Terms and Conditions of Business

1. Scope
2. Contracting Partner
3. Customer Service
4. Conclusion of Contract
5 Shipping Costs
6. Payment
7. Retention of Title
8. Damage during Transport
9. Right of Revocation
10 Warranty
11. Contract Text Storage
12. Contract Language
13. Gift Cards
14. Applicable Law


 

1. Scope

These General Terms and Conditions of Business apply to all orders placed via our online shop “OH APRIL” (hereinafter referred to as “Online Shop”)

2. Contracting Partner

The purchase contract is concluded with us, i.e. with
JCA Fashion GmbH
Antwerpener Straße 42
50672 Cologne, Germany

You can find further information about us in the Legal Notice.

3. Customer Service

You can reach our customer service at the following email address: customercare@oh-april.com

Please note our opening hours:
Monday - Friday 9:00 a.m. - 5:00 p.m.
We try to process enquiries as quickly as possible and offer the best possible solution.
Usually you will receive an answer within 24 hours.


We ask for your understanding that order inquiries cannot be answered via social media channels, as no connection to our shop system can be established. The best and fastest way to contact us is via customercare@oh-april.com

When contacting us, please note that for data protection reasons we can only send information to the e-mail address used to place the order.


4. Conclusion of Contract

(1) By placing the items in the Online Shop, we do not make a binding offer to purchase. An order merely serves as an offer to us to conclude a purchase contract. When an order is placed in our Online Shop, an automatic e-mail is sent by us confirming receipt of your order and listing its details.

The confirmation of an order does not represent an acceptance of an offer, but serves informatively that the order has been received by us.

(2) The sales contract is only concluded after shipping and is confirmed with a second e-mail (shipping confirmation). (No sales contract is concluded for products from one and the same order that are not listed in the shipping confirmation) If no response is received within 2 weeks with regard to an order, you are no longer bound to it. Before the conclusion of the contract (i.e. the acceptance of your offer by us) there is no claim to fulfilment, e.g. to the delivery of the ordered goods.

(3) The Online Shop is aimed exclusively at private individuals; therefore, OH APRIL only accepts orders in household quantities.

(4) OH APRIL does not offer products for purchase by minors. A legally valid contract between OH APRIL and the customer is only concluded if the order is placed by an adult, parent or legal guardian.

(5) You can make an order in our Online Shop by going through the following steps:

a) By clicking on the button with the shopping cart symbol, items are placed into the shopping cart without an obligation to purchase. All items that have been placed in the shopping cart can be viewed directly on the respective page at the top right under the tab of the shopping cart symbol. Clicking on “Continue to shopping cart” will take you to the ordering process and allow you to view the details of the items placed in the shopping cart. Here items can be deleted or the number can be changed.

b) Customers who are already registered and have not logged in before can log in using their access data during the ordering process. New customers are asked to enter their order details individually and to register or order as a guest. Changes to the billing or shipping address can also be made here.

c) Clicking the “Next” button takes you to the shipping and payment options. Here you can choose the shipping method and payment method and the shipping costs are displayed. You can then click “continue” to go to the overview page “Order with payment”.

d) Before the order is sent, all data (in particular invoice and delivery address, product, price, quantity, method of payment) of the planned order are once again given on the overview page “Order with payment”. The data can also be corrected or changed there.

 e) The order is sent by clicking the button “Order with payment”. This is a binding offer by you to conclude a sales contract. Please refer to the first paragraph of this Section for information on when a sales contract is concluded.

(6) If you order the goods electronically, the text of the contract as well as these General Terms and Conditions of Business will be saved in reproducible form and automatically sent to you by e-mail. If you lose your order documents, you can contact us by mail, email or fax. We will gladly send you a copy of the order data by email.

 

5. Shipping Costs

Shipping costs are added to the order value for each order. Further information about about the shipping costs can be found under the menu item Shipping. In the case of a foreign delivery you shall bear any customs duties as well as export and import fees that may be incurred.

 

6. Payment

All prices are in EURO including the statutory VAT and plus the share of shipping costs indicated on the homepage or at the checkout.

Payment can be made by PayPal, credit card, Apple Pay or Google Pay. OH APRIL uses the services of PayPal and Shopify Payments (Stripe) for this purpose.
You will therefore be redirected to the website of the respective online provider for payment. There you can enter your payment details, confirm the use of your data and the payment order.

 

7. Retention of Title

The goods remain the property of OH APRIL until full payment and shipment.
With reference to Paragraph 4 Conclusion of Contract of the GTCs, the sales contract is concluded after the confirmation of shipment, thus the retention of title of OH APRIL shifts to the Customer.

 

8. Damage during Transport

If goods are delivered with obvious shipping damages, please complain about such defects to the delivery company as soon as possible and contact us immediately.

Failure to make a complaint or contact us has no consequences on your legal claims and their enforcement, in particular your warranty rights. However, shipping damages should be communicated immediately to OH APRIL in order to be able to assert claims against the carrier or under an insurance policy. In order to benefit from the right of withdrawal in case of damage during transport, a complaint must be made to OH APRIL after receipt of the shipment. After expiry of the revocation period there is no longer any possibility to assert a claim for damages caused during transport.

 

9. Right of Revocation

(1) Consumers have a right to revoke the sales contract in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to the person’s commercial nor to the person’s independent professional activity.

You have the right to revoke this contract within fourteen days without providing any justification. 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 the last goods, part consignment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several part consignments or pieces).
In order to exercise your right of revocation, you must send us 

JCA Fashion GmbH
Antwerpener Straße 42
50672 Cologne
customercare@oh-april.com

a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke the contract. For this purpose, you can use the sample revocation form shown below, which is, however, not mandatory.

In order 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 revocation:

If the contract is revoked, OH APRIL shall reimburse you all payments for the purchased goods received by OH APRIL Retour, including the 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 undue delay and at the latest within fourteen days from the day on which the notification of your revocation of the contract is received by OH APRIL. For this repayment, OH APRIL uses the same means of payment that was used for the original transaction, unless expressly agreed otherwise with you;  in no case will you be charged for the repayment. OH APRIL may refuse to refund you 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 immediately and in any case 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. You bear the costs of the return. 

You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

End of the Revocation Instructions

(2) Additional information:


Please note that the processing of your return (from shipping to processing in logistics) may take up to 14 days.

  1. Returns within Germany

If you return the goods from within Germany, we will cover the costs if you return the goods using the following link to the DHL returns portal:
TO OUR RETURNS PORTAL

If you do not use this link and order the return at your own expense, no refund of the return costs will be given.

Please note: In accordance with our returns policy, a returned item must be in the same condition in which you received it. This means that new items must be returned in the exact condition in which you received them from OH APRIL in order to receive a full refund. If this is not the case, we can only charge a partial refund or a fee for cleaning or repair.

We would like to point out that we are not obliged to take back obviously used goods. We would also like to point out that we may be entitled to claims for compensation for any damages to the goods caused by you.

b) Returns from outside Germany: 

The right to revoke the sales contract, the sample revocation form and the consequences of revocation are exactly the same, except that OH APRIL does not bear the costs of returning the goods as art of the right of revocation. 

If the goods are returned from outside Germany, this must be done at your expense to the following address:

Deventer KontraktLogistik GmbH
OH APRIL
Hüttenstraße 100-102
50170 Kerpen, Germany


(3) Sample Revocation Form

To

JCA Fashion GmbH
Antwerpener Straße 42
50672 Cologne, Germany
OH APRIL
customercare@oh-april.com

“I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods: ... (please specify here the goods to be covered by the revocation)

Order number:... (please add the order number of the goods here if you have received one from us)

Ordered on: ... /received on: ... (please add here the dates on which you ordered and received the goods)

Name: ... (please fill in your full name here) Address: ... (please fill in your full address here)

Date: ... (please add here the date of revocation)”

(*) Delete if not applicable

10. Warranty

OH APRIL is liable without limitation if the cause of the damages is based on an intentional or grossly negligent breach of duty by OH APRIL or a legal representative or vicarious agent of OH APRIL.

The warranty for defects of the purchased goods is governed by the statutory provisions. This applies irrespective of the customer's statutory right of revocation.

(1) The warranty period for the customer is two years from delivery of the goods.

(2) OH APRIL does not assume any procurement risk even in case of a purchase contract for a generic good. Rather, the delivery obligation of OH APRIL is limited to the respective stock of goods. In case of non-availability of the claimed goods, OH APRIL shall immediately refund an advance payment made by the customer.

(3) OH APRIL shall is not liable for defects of the delivered goods caused by the fact that the goods have been handled improperly or have been modified in a way not approved by OH APRIL. The same applies in the event that the customer has not followed the instructions regarding the treatment and care of the goods (e.g. washing or drying instructions).

(4) The customer should assert any warranty claims by contacting customer service, stating the order number, name and address and briefly stating the reasons for the claim. Upon request of OH APRIL, the customer shall send the defective goods for inspection at the expense and risk of OH APRIL.

11. Liability

(1) OH APRIL is liable without limitation for any legal reason in case of injury to life, body or health, in case of intent or gross negligence, in case of fraudulent intent and warranty promises and if the liability is based on mandatory statutory provisions, such as the Product Liability Act.

(2) OH APRIL is also liable for damages caused by simple negligence, insofar as this negligence concerns the violation of such contractual obligations, the compliance with which is of particular importance for the achievement of the purpose of the contract (essential contractual obligations) and is only liable for the foreseeable damages typical for such a contract. Material contractual obligations are those contractual obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may rely. OH APRIL is not liable for simple negligent violations of non-contractual secondary obligations.

 

12. Contract Language

The languages available for the conclusion of the contract are German and English.

13. Gift Cards


(1) General information:
Gift cards are credit vouchers that can be purchased. The purchase of an OH APRIL gift card or the use of an OH APRIL gift card implies acceptance of the General Terms and Conditions of Business (“General Terms and Conditions of Business”). Gift cards are only available for purchase and redemption at the OH APRIL Online Shop (oh-april.com) and the OH APRIL Store. The OH APRIL gift card can be used to pay for all or part of the value of the item(s) selected. If the credit of an OH APRIL gift card is not sufficient for the order, the difference can be settled with the offered payment methods.


(2) Delivery:
You are required to provide a correct address for the delivery of the OH APRIL gift card. When ordering an OH APRIL gift card, you are required to provide a correct email address for delivery. If the address you provide cannot be confirmed, OH APRIL reserves the right to withhold delivery of the OH APRIL gift card.

(3) Redemption:
Gift cards can only be redeemed before the order process is completed. The credit of an OH APRIL gift card is neither paid out in cash nor does it earn interest.

(4) Validity:
The gift card is valid for 4 years from the date of purchase. After the expiration date, the OH APRIL gift card cannot be used for purchases or reactivated, nor can the remaining value be refunded. The OH APRIL gift card can be used within the four-year period until the balance is zero. The OH APRIL gift card can only be redeemed in the currency in which it was purchased.

(5) Exchange:
The OH APRIL gift card cannot be exchanged. The statutory right to revoke the sales contract under Section 9 remains unaffected.

(6) Return:
If you use your right of revocation for articles that you have purchased with an OH APRIL gift card, you will first receive a chargeback of the (partial) amount that you have paid with the gift card and your gift card will be reactivated for the amount of the gift card. 

 

14. Applicable Law

(1) The law of the Federal Republic of Germany applies. Mandatory regulations of the state in which customers who are consumers have their habitual residence remain unaffected. In dealings with consumers within the European Union, the law of the consumer's domicile may also be applicable if it is mandatory under consumer law.

(2) The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply, including in cross-border delivery transactions.

(3) The place of jurisdiction for all legal disputes is my place of business, insofar as the customer is an entrepreneur, a legal entity under public law or a special fund under public law. If the consumer is not domiciled in Germany or in another country of the European Union, our place of business is the place of jurisdiction. In all other cases, the statutory place of jurisdiction shall apply.