General Terms and Conditions with Customer Information

Table of Contents

General Terms and Conditions with Customer Information

1. Scope, Contractual Partners, and Definitions

2. Subject Matter of the Contract for Software

3. Conclusion of contract and contract language

4. Right of withdrawal

5. Delivery conditions and transport damage to goods

6. Provision of software

7. Granting of rights of use when purchasing software

8. Obligations of the buyer to cooperate when purchasing software

9. Prices, shipping costs, and terms of payment

10. Liability for defects in goods

11. Liability for defects in software

12. Liability for damages

13. Retention of title for goods

14. Transfer and redemption of promotional vouchers

15. Alternative dispute resolution

16. Final provisions

1. Scope, contracting parties, and definitions

1.1. The following General Terms and Conditions (hereinafter referred to as “GTC”) of UNI-TREND TECHNOLOGY EU GmbH, represented by its managing director Gaoxu Hu, Affinger Straße 12, 86167 Augsburg, Germany, tel.: +49 (0)821 88799806, email: service-eu@uni-trend.com (hereinafter referred to as “Seller”), apply to all contracts for the delivery of movable items (hereinafter referred to as ‘Goods’) and/or the provision of software that a consumer or entrepreneur (hereinafter referred to as “Buyer”) concludes with the Seller in their online shop with regard to the Goods and/or Software presented by the Seller in their online shop. “, collectively also referred to as ”Parties“) with the Seller with regard to the goods (hereinafter referred to as ‘Goods’) and/or software products (hereinafter referred to as ”Software") presented by the Seller in its online shop. If the Buyer uses conflicting or supplementary terms and conditions, their validity and inclusion are hereby rejected, unless otherwise agreed between the Parties.

1.2. The Seller's General Terms and Conditions apply exclusively. Deviating, conflicting, or supplementary General Terms and Conditions of the Buyer shall only become part of the contract if and to the extent that the Seller has expressly agreed to their validity. This requirement of consent applies in any case, for example, even if the Buyer refers to its General Terms and Conditions in the order and the Seller does not expressly object to this.

1.3. These General Terms and Conditions shall also apply to all contracts for the sale and delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise agreed between the parties or in these General Terms and Conditions. Digital content within the meaning of these General Terms and Conditions is data that is created and provided in digital form.

1.4. These General Terms and Conditions also apply to contracts for the delivery of discount codes (hereinafter referred to as “discount code”) accordingly, unless otherwise agreed between the parties or in these General Terms and Conditions.

1.5. These General Terms and Conditions apply to both consumers and entrepreneurs, unless a distinction is made in the respective clause. According to § 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2.

Subject matter of the contract for software

2.1. The subject matter of the contract is the provision of the software offered by the seller in digital form, granting certain rights of use as specified in more detail in these General Terms and Conditions in Section 7.

2.2. The buyer does not acquire any intellectual property rights to the software. The source code of the software is not part of the software provided.

2.3. Installation is not part of the contract. In this respect, the seller refers to the installation instructions. This applies in particular to the hardware and software environment in which the software is used.

2.4. Unless otherwise specified in the seller's service description, the buyer will not receive any individual application support from the entrepreneur.

3. Conclusion of contract and contract language

3.1. The presentation and advertising of the range of products or services in the Seller's online shop do not constitute a binding offer by the Seller to conclude a contract, but serve to submit a binding offer to conclude a contract by the Buyer.

3.2. The buyer can submit an offer by completing and submitting the online order form integrated into the seller's online shop. The data required to be entered by the buyer for the offer is specified in the input mask of the online order form. After entering the data in the online order form and clicking the button that completes the order process, the buyer submits a legally binding contract offer with regard to the selected goods and/or software products placed in the virtual shopping cart. The buyer can correct their entries at any time before submitting their legally binding order using the usual keyboard and mouse functions.

· by sending the buyer a declaration of acceptance (e.g. by order confirmation) in writing or text form (e.g. by letter or email), and the decisive point in time being the receipt of the declaration of acceptance by the buyer, or

· by delivering the ordered goods to the buyer, whereby the receipt of the goods by the buyer is decisive, or

· by the payment transaction being carried out by the payment service provider selected by the buyer in their order. In this case, the time of conclusion of the contract shall be determined by the respective payment method selected in accordance with Section 9.11.

If several of the above alternatives apply, the contract shall be concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the buyer. The period ends with the expiry of the period specified by the seller. If the seller does not accept the buyer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the seller is no longer bound by his declaration of intent.

3.3. The seller shall store the contract text, including the General Terms and Conditions, upon conclusion of the contract in compliance with data protection regulations and send it to the buyer in writing or in text form (by letter or email) after the buyer has placed their order. The seller shall not make the contract text available in any other way.

3.4. The contract shall be concluded in German and English.

3.5. The buyer must ensure that the email address provided during the ordering process is correct so that emails sent by the seller can be received at this address. In particular, if the buyer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3.6. The following applies to buyers who are entrepreneurs: If the parties have agreed special conditions, these shall not apply to simultaneous and future contractual relationships with the buyer.

4. Right of withdrawal

4.1. As a consumer, the buyer has a fourteen-day right of withdrawal in accordance with the statutory provisions.

4.2. The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4.3. Further information on the right of withdrawal can be found in the seller's cancellation policy.

5. Delivery conditions and transport damage to goods

5.1. Unless otherwise agreed between the parties, goods shall be delivered by shipping within the delivery area specified by the seller to the delivery address specified by the buyer.

The delivery address provided by the buyer during the order process is authoritative.

5.2. If the buyer is an entrepreneur, the following applies: The seller is permitted to make partial deliveries insofar as this is reasonable for the buyer. In the event of reasonable partial deliveries, the seller is also entitled to issue partial invoices.

5.3. If delivery of the goods fails for reasons for which the buyer is responsible, the buyer shall be obliged to bear the reasonable costs incurred by the seller as a result. This shall not apply to the costs of the initial delivery if the buyer effectively exercises their right of withdrawal. In the event of the effective exercise of the right of withdrawal by the buyer, the provisions set out in the seller's cancellation policy shall apply to the costs of return.

5.4. If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the buyer upon delivery of the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. This shall also apply if the seller bears the costs of transport. Transport insurance shall only be taken out at the express request and expense of the buyer.

 

If the buyer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to the buyer upon delivery of the goods to the buyer or to a person authorized to accept delivery. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the buyer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier, or the other person or institution designated to carry out the shipment, if the buyer has commissioned the forwarding agent, the carrier, or the other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the buyer.

5.5. If the seller is unable to meet binding delivery deadlines for reasons beyond its control (non-availability of the goods), the seller shall inform the buyer of this immediately and at the same time notify the buyer of the expected new delivery deadline. If the goods are still not available within the new delivery period despite all reasonable efforts on the part of the seller, the seller shall be entitled to withdraw from the contract in whole or in part; the seller shall immediately reimburse the buyer for any consideration already paid. In particular, the goods shall be deemed unavailable if the Seller's suppliers do not deliver on time or properly, provided that the Seller has concluded a congruent covering transaction and neither the Seller nor its suppliers are at fault.

5.6. If the buyer is a consumer, they are requested to report any obvious transport damage to the delivery agent as soon as possible and to contact the seller immediately. Failure to make a complaint or contact the seller has no consequences for the statutory claims and their enforcement, in particular for the buyer's warranty rights.

5.7. It is not possible to collect the goods yourself.

6. Provision of the software

6.1. The seller shall effect provision by making a digital copy of the software available to the buyer for download via the Internet. For this purpose, the seller shall provide the buyer with a license key by email or post, which the buyer can use to initiate the download of the digital copy and save the copy at a location of their choice.

6.2. The date on which the software is made available for download and the Buyer is notified thereof shall be decisive for compliance with any delivery dates.

7. Granting of rights of use when purchasing software

7.1. Unless otherwise specified in the item or service description in the seller's offer, the seller grants the buyer a non-exclusive, transferable right to use the software in the agreed hardware and software environment for private purposes for an unlimited period of time.

7.2. The buyer is not granted any right to modify the software.

7.3. The software may not be rented out.

7.4. The buyer is prohibited from removing and/or modifying any copy protection that may be present.

7.5. The buyer is entitled to make one copy of the software for backup purposes. Copies of the software made for the purpose of proper data backup are part of the intended use.

7.6. If the buyer exercises its right to transfer the rights of use to a third party, it must impose its contractual obligations on the third party. Upon transfer, the buyer's rights of use shall expire. All existing copies of the software must be deleted.

7.7. The granting of rights shall only become effective once the buyer has paid the remuneration owed in full.

7.8. If the buyer violates the agreed rights of use so seriously that the seller cannot reasonably be expected to continue to adhere to the contract, the seller may terminate the agreement granting rights of use to the software in question with immediate effect.

7.9. In the event of termination, the buyer is obliged to delete all existing copies of the software and to confirm this to the seller in writing upon request.

7.10. The other statutory and contractual provisions remain unaffected.

8. Buyer's obligations to cooperate when purchasing software

8.1. The buyer must inform themselves about the essential functional features of the software and bears the risk of whether it meets their wishes and needs. The buyer is solely responsible for setting up a functional hardware and software environment for the software that is sufficiently dimensioned, also taking into account the additional load caused by the software.

8.2. The buyer must observe the instructions provided by the seller for the installation and operation of the software.

8.3. The seller recommends that the buyer take appropriate precautions in the event that the software does not function properly in whole or in part (e.g., by performing daily data backups, fault diagnosis, regular checks of the data processing results) and that the buyer make a suitable backup of their data before installing the software.

9. Prices, shipping costs, and terms of payment

9.1. Unless otherwise stated in the seller's item or service description, the prices quoted are total prices. The total prices quoted are in US dollars and are gross prices including the statutory value-added tax applicable on the date of invoicing and, if applicable, plus any delivery and shipping costs. Any delivery and shipping costs incurred will be specified separately in the respective item or service description.

9.2. If the transport company returns the shipped goods to the seller because delivery to the buyer was not possible, the buyer shall bear the costs of the unsuccessful shipment. This shall not apply if the Buyer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Seller had given him reasonable notice of the service. Furthermore, this shall not apply with regard to the costs of the initial delivery if the Buyer effectively exercises his right of withdrawal. In the event of effective exercise of the right of withdrawal by the buyer, the provisions set out in the seller's withdrawal policy shall apply to the return shipping costs.

9.3. If the buyer is an entrepreneur, the following shall apply: If the buyer's order is made in accordance with Section 4.2. by partial deliveries, the buyer shall only incur shipping costs for the first partial delivery. If the partial deliveries are made at the buyer's request, the seller shall charge shipping costs for each partial delivery.

9.4. An overview of the shipping options and the shipping costs incurred can also be found under the link “Delivery and Shipping Conditions.” The shipping costs are also displayed to the buyer on the overview page before the order is placed and must be confirmed.

9.5. If delivery is made to countries outside the European Union, additional costs may arise in individual cases. These costs shall be borne by the buyer if the seller is not responsible for them. These costs may include taxes, customs duties, and other public charges, as well as costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees). Some of the aforementioned costs may also arise for deliveries to countries within the European Union if the buyer makes the payment from a country outside the European Union.

9.6. For buyers who are consumers, the statutory provisions on default of payment apply. The seller reserves the right to assert further claims for damages caused by default.

9.7. If the buyer is an entrepreneur, the following applies: Upon expiry of the above payment period, the buyer shall be in default. The outstanding remuneration shall bear interest at the applicable statutory default interest rate during the period of default. The seller reserves the right to assert further claims for damages caused by default (e.g., reasonable costs of necessary legal defense, including all court and attorney's fees, costs for dunning procedures or collection). The seller's claim to commercial interest on arrears (§ 353 HGB) against merchants remains unaffected. In the event of overdue claims, incoming payments from the buyer shall first be credited against any costs and interest and then against the oldest claim. In the case of contracts for the manufacture of non-fungible items (custom-made products), the seller may declare withdrawal immediately; the statutory provisions on the dispensability of setting a deadline remain unaffected.

9.8. If the buyer is an entrepreneur, the following applies: The buyer shall only be entitled to set-off rights if his counterclaims have been legally established or are undisputed and mutually linked to the seller's main claim or have been recognized by the seller.

9.9. If the buyer is an entrepreneur, the following applies: The buyer's right of retention is excluded unless the buyer's counterclaim arises from the same contractual relationship and is undisputed or has been established by a final court decision. Written notification to the seller is required to assert this right.

9.10. If the buyer is an entrepreneur, the following applies: If, after conclusion of the contract, it becomes apparent (e.g., through an application for the opening of insolvency proceedings) that the seller's claim to remuneration is at risk due to the buyer's inability to pay, the seller shall be entitled to refuse performance in accordance with the statutory provisions and, if necessary, after setting a deadline, to withdraw from the contract (§ 321 BGB)..

9.11. The buyer may pay the invoice amount using the following payment method(s) of their choice:

9.12. If the payment method “Google Pay” is selected, payment will be processed by the payment service provider Google Ireland Limited, Gordon House, Barrow Street, Dublin 4 Ireland (hereinafter “Google”), subject to the Google Pay Terms of Service available at payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de. The buyer must register in advance, authenticate themselves with their access data, and have activated the Google Pay function in order to pay the invoice amount by confirming the payment instruction via Google. The payment transaction will be carried out immediately after the order is placed. The buyer will receive further information during the ordering process and at pay.google.com.

9.13. If the payment method “PayPal” is selected, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use available at www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the buyer does not have a PayPal account, the PayPal terms of use for payments without a PayPal account, which can be viewed at www.paypal.com/de/webapps/mpp/ua/privacywax-full, apply. During the ordering process, the buyer will be redirected from the seller's online shop to the PayPal website. The seller will request PayPal to initiate the payment upon completion of the order. The payment transaction will be carried out automatically by PayPal. The buyer will receive further information during the ordering process.

9.14. If the payment method “Shopify Payments” is selected, payment will be processed by the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter “Shopify”). The individual payment methods offered via Shopify will be communicated to the buyer during the ordering process in the seller's online shop. Shopify may use additional payment services for payment processing, for which special payment terms may apply, which will be communicated to the buyer separately if necessary. The buyer can find further information in the Shopify Payments Terms of Use, which can be viewed at www.shopify.com/legal/terms-payments-de.

9.15. If the payment method “Purchase on account via Klarna” is selected, the invoice amount is due after the goods have been delivered and invoiced. In this case, the invoice amount is payable within 14 (fourteen) days of the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) (hereinafter referred to as “Klarna AB”), unless otherwise agreed. The payment method “purchase on account” requires a successful credit check by Klarna AB. If the buyer is granted the payment method “purchase on account” after the credit check, the payment will be processed in cooperation with Klarna AB, to whom the seller assigns his payment claim. In this case, the buyer can only make payment to Klarna AB with debt-discharging effect. In all other respects, the General Terms and Conditions of Klarna AB, which the buyer can access during the ordering process, shall apply. The seller reserves the right to offer the payment method “purchase on account via Klarna” only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the buyer of the corresponding payment restriction in the payment information in the online shop.

10. Liability for defects in goods

10.1. Unless expressly agreed otherwise between the parties, the statutory liability for defects shall apply. Notwithstanding this, the following shall apply:

10.2. If the buyer is an entrepreneur, the following applies: For new goods, the limitation period for claims for defects is one (1) year from the transfer of risk. For used goods, rights and claims for defects are excluded. The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.

10.3. If the buyer is an entrepreneur, the following applies: The seller shall initially provide warranty to the buyer at its discretion by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). If a replacement delivery is made within the scope of liability for defects, the limitation period shall not start again.

10.4. The above restrictions and shortened periods shall not apply to claims based on damage caused by the seller, its legal representatives or vicarious agents:

· in the event of injury to life, limb or health

· in the event of intentional or grossly negligent breach of duty or fraudulent concealment of a defect

· for goods that have been used for a building in accordance with their normal use and have caused its defectiveness

· in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the buyer may regularly rely

(cardinal obligations)

· within the scope of a guarantee promise separately agreed between the parties

· for any existing obligations of the seller towards consumers to provide updates in the case of contracts for digital products or contracts for the delivery of goods with digital elements

· insofar as the scope of the Product Liability Act is applicable.

10.5. In addition, the statutory limitation periods for any existing statutory rights of recourse remain unaffected for entrepreneurs.

10.6. If the buyer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the obligation to inspect and give notice of defects as set out in Sections 377 and 381 HGB applies. If a defect becomes apparent upon delivery, inspection, or at any later point in time, the seller must be notified in writing without delay. In any case, obvious defects must be reported in writing immediately upon delivery and defects that are not apparent upon inspection must be reported within the same period after discovery. If the buyer fails to inspect the goods and/or notify the seller of any defects, the goods shall be deemed to have been approved, unless the defect was not apparent during the inspection. This shall not apply if the seller has fraudulently concealed a defect.

11. Liability for defects in software

11.1. The seller is not responsible for the buyer's technical system requirements, in particular a permanent and constant Internet connection. The seller shall not be liable for the non-existence of the technical system requirements or for defects in the software and hardware used by the buyer.

11.2. If the software is defective, the provisions of statutory liability for defects shall apply. Notwithstanding this, the following shall apply to buyers who are entrepreneurs: For new software, the limitation period for claims for defects is 1 year from the date on which the software is made available for download via the Internet by the seller.

11.3. The above limitations of liability and reductions in the limitation period shall not apply to claims based on damage caused by the seller, its legal representatives or vicarious agents

· in the event of injury to life, limb or health

· in the event of intentional or grossly negligent breach of duty and malice

· in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

· within the scope of a guarantee promise, if agreed, or

· insofar as the scope of application of the Product Liability Act is opened.

11.4. The seller has the right to choose whether to remedy a defect by repair or replacement. This applies accordingly to defects of title. The provision of temporary solutions by the seller to the buyer shall also be deemed a remedy if these remedy the defect. The same shall apply if the defect can be circumvented by a different use of the software, provided that the Buyer can continue to use the software in a reasonable manner. The Buyer shall be obliged to accept a new software version if the contractual scope of functions is maintained and the acceptance does not result in significant disadvantages for the Buyer. Rectification shall include, where necessary, the adaptation of the user documentation.

11.5. After two unsuccessful attempts at subsequent performance, the buyer may withdraw from this contract or demand a reduction in the purchase price and compensation in accordance with the statutory provisions. This requires that the buyer has unsuccessfully requested the seller in writing to remedy the defect within a reasonable period of time after a failed attempt at subsequent performance and has indicated that it will otherwise exercise its statutory warranty rights.

11.6. If a replacement delivery is made within the scope of liability for defects, the limitation period shall not start again.

11.7. If the seller delivers defect-free software for the purpose of subsequent performance, the seller may claim compensation for use from the buyer in accordance with Section 346 (1) of the German Civil Code (BGB). Other statutory claims remain unaffected.

11.8. Clause 10.7 applies accordingly to claims for defects in software.

12. Liability for damages

12.1. With regard to the services provided by the seller, the seller, its legal representatives, and vicarious agents shall be liable without limitation

· in cases of intent or gross negligence,

· in cases of intentional or negligent injury to life, limb, or health,

· in cases of warranty promises, insofar as these have been agreed between the parties,

· to the extent that the scope of application of the Product Liability Act is opened.

12.2. In the event of a breach of essential contractual obligations, the Seller's liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with Section 7.1. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the buyer may regularly rely (so-called cardinal obligations).

12.3. Otherwise, the seller's liability is excluded.

13. Retention of title to goods

13.1. If the buyer is a consumer, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

13.2. If the buyer is an entrepreneur, the seller retains title to the delivered goods until all current and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been settled in full. The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. The buyer assigns to the seller in advance all claims against third parties arising from the resale, irrespective of any combination or mixing of the reserved goods with new items, in the amount of the respective invoice amount including the statutory value-added tax applicable on the date of invoicing. The buyer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims itself remains unaffected by this. The seller shall not collect the claims as long as the buyer fulfills its payment obligations to the seller, is not in default, and no application for the opening of insolvency proceedings has been filed.

14. Transfer and redemption of discount codes

14.1. Discount codes are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and can be redeemed by the buyer in the seller's online shop during the specified period.

14.2. Discount codes are provided to the buyer by email.

14.3. The buyer can only redeem one discount code per order.

14.4. The seller has the option of excluding individual goods from the voucher promotion if this is indicated on the discount code.

14.5. The buyer must redeem the discount code before completing the order process in the field provided for this purpose in the seller's online shop. Once the order process has been completed, the discount code can no longer be redeemed.

14.6. The value of the goods may not be less than the amount of the discount code and must therefore be at least equal to the amount of the discount code. The seller is not obliged to refund any remaining credit from the discount code to the buyer.

14.7. If the amount of the discount code is less than the value of the goods ordered, the buyer must reimburse the seller for the outstanding amount. The buyer can choose a payment method offered by the seller in the online shop for this purpose.

14.8. There shall be no cash payment or interest on the value of a discount code.

14.9. The following shall apply in addition for buyers who are consumers: There shall be no refund of the discount code if the buyer returns the goods and/or software purchased in whole or in part with the discount code within the scope of their statutory right of withdrawal.

14.10. The discount code is transferable to third parties and can be redeemed by the respective holder with debt-discharging effect before the service is provided. The discount code cannot be redeemed if the respective holder is not authorized or legally incompetent or lacks the power of representation and the seller is aware of this or is grossly negligent in not knowing this.

15. Alternative dispute resolution

15.1. The following provisions apply to buyers who are consumers. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts to which a consumer is a party.

15.2. The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

16. Final provisions

16.1. These General Terms and Conditions and the contractual relationship between the parties are governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

16.2. Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

16.3. If the buyer is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of § 14 BGB, a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of the seller. In all cases, the seller is also entitled to bring an action at the place of performance of the obligation to perform in accordance with these General Terms and Conditions or a prior individual agreement or at the general place of jurisdiction of the buyer. Overriding statutory provisions, in particular those relating to exclusive jurisdiction, remain unaffected.

Status: October 23, 2024