Terms & Conditions
Last updated: September 2026
This website and online store are operated by Oblivious GmbH, trading under the brand OBLIVIOUS?. Throughout the website, the terms “we”, “us” and “our” refer to Oblivious GmbH and/or OBLIVIOUS?.
Full company and contact information is available in our Legal Notice.
Our online store is provided through Shopify. Shopify provides the technical e-commerce infrastructure through which we offer our products and services.
These Terms & Conditions apply to the use of our website and to contracts for the purchase of goods concluded through our online store.
Any terms and conditions submitted by the customer shall not apply unless we have expressly agreed to them.
SECTION 1 – ONLINE STORE TERMS AND USE OF THE WEBSITE
By using our website, you agree to use it only in accordance with applicable law.
Where legal capacity is required to enter into a contract, you must satisfy the requirements applicable to you under the relevant law.
You may not use our products, website or content for unlawful or unauthorised purposes or infringe applicable law or the rights of third parties.
In particular, you must not transmit viruses, malicious software or other code capable of interfering with the functionality or security of our website or other systems.
You may not reproduce, copy, sell, resell or otherwise commercially exploit substantial parts of our website or content without our express written permission unless permitted by law.
Where legally permitted, we may restrict access to our website in cases of unlawful, abusive or security-threatening use.
Headings used in these Terms are for convenience only.
SECTION 2 – CONTRACTING PARTY AND CONCLUSION OF THE CONTRACT
The contracting party for orders placed through our online store is:
Oblivious GmbH
Full provider information is available in our Legal Notice.
The presentation of products in our online store does not constitute a legally binding offer to conclude a purchase contract. It is an invitation to the customer to place an order.
You may select products, choose any available options and provide any required additional information before adding the products to your shopping cart.
Before submitting your order, the selected products, prices, any applicable shipping costs and the material order details are displayed. You can review and correct your information using the functions provided in our online store.
By activating the final order button that clearly indicates the obligation to pay, you submit a binding order for the products contained in your shopping cart.
After we receive your order, you will receive an order confirmation by email. By sending this order confirmation, we accept your order and the purchase contract is concluded at that time.
If, exceptionally, we are unable to accept or fulfil an order, we will inform you without undue delay. Any payments received will be refunded without undue delay where there is no longer a legal basis for retaining them.
We may in particular decline orders where there are specific indications of fraud, misuse or commercial resale contrary to expressly applicable sales restrictions.
SECTION 3 – ORDERING PROCESS, INPUT ERRORS, STORAGE OF CONTRACT DATA AND CONTRACT LANGUAGES
The ordering process generally consists of the following steps:
- selecting the desired product and any available options or additional information;
- adding the product to the shopping cart;
- proceeding to the shopping cart or checkout;
- entering or confirming contact, billing and delivery details;
- selecting an available shipping and payment method;
- reviewing the order and the information entered; and
- submitting the binding order using the final order button.
Before submitting an order, input errors can be identified and corrected using the editing and correction functions provided in the online store.
We store order and contract data for the purpose of processing the contract and in accordance with applicable statutory retention obligations.
After completing an order, you receive an order confirmation by email containing the material order information. You can access your order details via the order link contained in the confirmation email and, where you use a customer account, through your customer account.
These Terms & Conditions are available before the contract is concluded and can be accessed and saved through our website. Where a link to the Terms is provided in connection with an order, they may also be accessed through that link.
Contracts may be concluded in German and English.
We are not subject to any specific code of conduct unless expressly stated otherwise on our website.
SECTION 4 – GENERAL INFORMATION AND CHANGES TO THE ONLINE STORE
We make reasonable efforts to keep the information provided on our website accurate, complete and current.
We may amend, supplement or discontinue website content, functions and offers provided that this does not affect contracts already concluded or mandatory statutory rights.
Product prices may be changed for future orders. The price agreed at the time of conclusion of an existing contract remains applicable to that contract.
Historical or editorial information on our website may be provided for information purposes only and may not necessarily reflect the current position.
SECTION 5 – PRODUCTS AND PRODUCT DESCRIPTIONS
Certain products or services may be available exclusively through our online store and may be available only in limited quantities.
We make reasonable efforts to describe and display our products, their characteristics, colours and images as accurately as possible. Colours may vary depending on the screen or device used.
A significant part of our products consists of existing or second-hand garments which we select, professionally prepare and further process or refine as upcycled products.
As a result, each such product is individual. Differences in fabric, texture, colour tone, cut, fit, buttons, details and other characteristics may form part of the individual nature of the particular product.
The specific characteristics stated and agreed in the relevant product description determine the agreed characteristics of the product.
Where a specific product differs from characteristics that may otherwise objectively be expected from goods of that type, the applicable statutory information and agreement requirements for consumers will be observed.
The customer's statutory rights in relation to defective or non-conforming goods remain unaffected.
We may discontinue individual products or restrict future sales to particular delivery territories. Contracts already concluded remain unaffected.
SECTION 6 – PURCHASE AND ACCOUNT INFORMATION
You are responsible for providing complete and accurate information required to process your order.
Where you use a customer account, we ask you to keep the contact information stored in your account up to date.
We may limit order quantities to the extent legally permitted, in particular where a product is available only in limited quantities or where there are specific indications of commercial resale.
SECTION 7 – PRICES AND PAYMENT
The prices displayed in the online store at the time the order is placed apply.
Prices include any legally applicable VAT where applicable.
Any additional shipping costs will be displayed no later than before the order is submitted.
The payment methods available for a particular order are displayed during checkout.
Where an external payment service provider is used, that provider's additional terms may apply.
Unless otherwise expressly stated, the purchase price becomes due when the contract is concluded.
Discount codes, vouchers and other promotional benefits may be subject to the conditions stated for the relevant promotion. Unless expressly stated otherwise, there is no entitlement to apply a discount code retrospectively to an order that has already been concluded.
SECTION 8 – SHIPPING AND DELIVERY
We deliver to the countries that can be selected in our online store or checkout.
Available delivery methods, shipping costs and any delivery restrictions are displayed in the online store or checkout.
Unless otherwise stated for a particular product, our usual processing time is 3–5 business days. The applicable or expected delivery period is shown in the relevant product information, checkout or on our Shipping & Returns page.
Any expressly agreed fixed delivery date remains unaffected.
The customer's statutory rights in the event of delayed delivery remain unaffected.
Deliveries to countries outside the relevant customs or tax territory may be subject to import duties, customs charges, taxes or other governmental fees. These are payable by the recipient to the extent permitted by the applicable law.
If a shipment is returned to us because import charges were not paid, delivery was refused, an incorrect delivery address was provided by the customer or for another reason attributable to the customer, the customer's statutory rights remain unaffected. Additional costs actually incurred may be taken into account to the extent legally recoverable.
Further information is available on our Shipping & Returns page.
SECTION 9 – STATUTORY RIGHT OF WITHDRAWAL
Where a consumer is entitled to a statutory right of withdrawal under the consumer law applicable to their contract, that right may be exercised in accordance with the applicable statutory requirements.
Our complete withdrawal information, including information on the withdrawal period, return of the goods, reimbursement, possible liability for diminished value and statutory exceptions, is available on our separate Right of Withdrawal page.
Where required by applicable law, consumers may additionally use the electronic “Withdraw from contract” function provided on our website.
The statutory right of withdrawal is separate from our voluntary returns and exchanges policy.
SECTION 10 – VOLUNTARY RETURNS AND EXCHANGES
In addition to statutory rights, we offer a voluntary returns and exchanges policy subject to our current conditions.
The applicable conditions, periods, return shipping costs and other details are set out on our Shipping & Returns page.
Our voluntary returns and exchanges policy does not restrict any statutory right of withdrawal or statutory rights relating to defective or non-conforming goods.
SECTION 11 – CUSTOM-MADE AND PERSONALISED PRODUCTS
For goods that are not prefabricated and for whose production an individual choice or decision by the customer is decisive, or which are clearly personalised to the customer's individual needs, a statutory right of withdrawal may be excluded in accordance with the applicable law.
This may apply in particular to products individually personalised, altered or specially made outside our standard product options at the customer's express request, for example through bespoke lettering, embroidery, design, fit alterations or another customer-specific modification.
The mere selection of a standard size, colour, fit, print colour or design offered as part of our regular product range does not automatically exclude a statutory right of withdrawal.
Whether a right of withdrawal is excluded for a particular product depends on the applicable statutory requirements. Where required, the customer will be informed accordingly before the contract is concluded.
Once work on an individually commissioned alteration has begun, subsequent changes or cancellation may only be possible where agreed or where the customer has a statutory right to do so. Statutory consumer rights remain unaffected.
SECTION 12 – PRE-ORDERS
Products identified as pre-orders will be made available or shipped at the later date or within the period stated in the relevant product listing.
The expected processing or delivery period will be stated for the relevant product.
The fact that a product is offered as a pre-order does not in itself exclude any statutory right of withdrawal, cancellation or rights relating to defective goods.
For genuinely personalised or specially made pre-order products, statutory exceptions to the right of withdrawal may apply where the relevant requirements are met.
Where we voluntarily offer exchanges for a pre-order product, the relevant conditions are stated in the product description or our returns policy.
SECTION 13 – STATUTORY CONFORMITY RIGHTS / LEGAL GUARANTEE
Customers are entitled to the statutory rights relating to defective or non-conforming goods provided by the law applicable to their contract.
Nothing in these Terms restricts mandatory statutory consumer rights.
Due to the use of existing garments, our upcycled products may have individual characteristics and variations, including differences in fabric, texture, colour tone, cut, fit and details.
Specific characteristics stated in the relevant product description may form part of the agreed characteristics of the product.
Where a specific characteristic of goods differs from the objective requirements imposed by applicable consumer law, we will comply with the applicable statutory information and agreement requirements.
We additionally provide the legally required harmonised notice concerning the statutory legal guarantee of conformity in our online store in accordance with the applicable legal requirements.
The statutory legal guarantee is separate from any voluntary commercial guarantee. No voluntary commercial guarantee arises solely by virtue of these Terms unless we expressly offer one.
SECTION 14 – DAMAGED, INCORRECT OR DEFECTIVE GOODS
We ask customers to notify us as soon as reasonably possible if goods arrive damaged, incorrect or with another obvious issue so that we can deal with the matter promptly.
For consumers, a delay or failure to notify us immediately does not result in the loss of statutory rights relating to defective or non-conforming goods.
SECTION 15 – RETENTION OF TITLE
Goods remain our property until the purchase price has been paid in full.
SECTION 16 – THIRD-PARTY TOOLS, SERVICES AND EXTERNAL LINKS
Our website may contain functions, tools, content or services provided by third parties as well as links to external websites.
Where third parties provide services directly to customers, their additional terms may apply.
The respective operators are responsible for the content of external websites. A link does not automatically mean that we adopt all content of the linked website as our own.
Where we use third-party providers to operate our online store, process payments, provide shipping or perform other services, our own statutory obligations towards our customers remain unaffected.
SECTION 17 – USER CONTENT, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS
Where users submit content, reviews, images, comments, suggestions or other contributions to us or make them available for publication on our website, they confirm that they are entitled to do so and that the content does not infringe applicable law or third-party rights.
Where content is expressly submitted for publication on our website or communication channels connected with that purpose, the user grants us the non-exclusive rights of use required for that purpose.
Mandatory copyright, personality and data protection rights remain unaffected.
We may refuse to publish or remove content that is unlawful, abusive, misleading or infringes third-party rights to the extent permitted by law.
The relevant author is generally responsible for the accuracy of their own reviews, comments and other contributions.
SECTION 18 – PRIVACY AND PERSONAL INFORMATION
Information about how we process personal data is available in our separate Privacy Policy.
The Privacy Policy contains further information about the nature, scope, purposes and legal bases of processing and about applicable data protection rights.
SECTION 19 – ERRORS, INACCURACIES AND OBVIOUS MISTAKES
We make reasonable efforts to ensure that product descriptions, prices, promotions, shipping costs, delivery times and availability information are accurate.
Obvious typographical, calculation, display or transmission errors may be corrected.
Where a contract has already been concluded, the legal consequences of any error or mistake are governed by applicable law.
A concluded contract is not automatically cancelled or amended merely because information on our website is subsequently corrected or changed.
SECTION 20 – PROHIBITED USES
In addition to the other provisions of these Terms, you may not use our website or its content:
- for unlawful purposes;
- to solicit or participate in unlawful acts;
- to infringe copyright, trade mark, personality, privacy or other rights;
- to knowingly submit false or misleading information;
- to distribute malicious software;
- to collect personal information without authorisation;
- for spam, phishing, automated scraping or comparable abusive activities; or
- to interfere with or circumvent website security features.
Where appropriate and legally permitted, we may restrict access to our website in the event of such misuse.
SECTION 21 – LIABILITY
We have unlimited liability for loss or damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty by us, our legal representatives or our agents.
For other loss or damage, we have unlimited liability in cases of intent and gross negligence.
In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable loss or damage typical for the contract.
Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the contractual partner may normally rely.
Liability under the German Product Liability Act and any other mandatory statutory liability provisions remains unaffected.
Where our liability is excluded or limited, the same applies, to the extent permitted by law, to our legal representatives and agents.
SECTION 22 – AVAILABILITY AND SECURITY OF THE WEBSITE
We make reasonable efforts to keep our website secure and continuously available.
However, uninterrupted, completely secure or error-free availability cannot be technically guaranteed at all times.
We may temporarily restrict the operation of our website where necessary for maintenance, security measures, technical faults or circumstances beyond our reasonable control.
Rights and obligations arising from purchase contracts already concluded remain unaffected.
SECTION 23 – SEVERABILITY
If any provision of these Terms is or becomes wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected.
The applicable statutory provisions shall apply in place of an invalid or unenforceable provision.
SECTION 24 – ENTIRE AGREEMENT AND ADDITIONAL POLICIES
These Terms, together with any policies and information validly incorporated into the relevant contractual relationship, constitute the contractual terms applicable to the relevant order.
Mandatory consumer information and statutory rights remain unaffected.
Where these Terms conflict with more specific conditions validly agreed for a particular product or offer, the more specific terms shall prevail for that product or offer to the extent permitted by law.
SECTION 25 – GOVERNING LAW
The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.
Mandatory consumer rights arising under the law applicable to the individual consumer therefore remain unaffected.
SECTION 26 – CHANGES TO THESE TERMS
The current version of these Terms & Conditions is available on our website.
Changes to these Terms apply to future contracts from the date on which the revised version is published unless otherwise stated.
Contracts already concluded generally remain subject to the version validly incorporated at the time of conclusion unless a subsequent amendment has been validly agreed or follows from mandatory law.
SECTION 27 – CONTACT INFORMATION
For questions relating to these Terms, an order or our products, please contact:
help@areweoblivious.com
info@areweoblivious.com
Full company, address and contact information is available in our Legal Notice.