GTC

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Reservation of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods according to certain specifications of the customer
10. Special conditions for assembly/installation services
11. Special conditions for repair services
12. Redemption of promotional vouchers
13. Redemption of gift vouchers
14. Applicable law
15. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as „GTC“) of Kopp & Marenec GbR (hereinafter referred to as „Seller"), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter referred to as „Customer“) with the Seller;for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller with regard to the goods presented by the seller in his online store. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless otherwise agreed. In addition to the delivery of the goods, the seller owes the provision of digital content or digital services (hereinafter referred to as „digital products“) which are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.5 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Vertragsschluss

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, online contact form or telephone.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall 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 https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account;has a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the order process

2.5 If the payment method „Amazon Payments"is selected, payment will be processed via the payment service provider Amazon Payments Europes.c.a , 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: „Amazon“), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the customer selects „Amazon Payments“ as the payment method during the online ordering process, by clicking the button completing the order process, the customer also issues a payment order to Amazon. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer completes the payment process by clicking the button that concludes the order process

2.6  When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not provide any further access to the text of the contract. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data

2.7  Before placing a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process

2.8 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.

2.9 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Widerrufsrecht

3.1  Consumers are generally entitled to a right of withdrawal.

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

3.3 The right of withdrawal does not apply to 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.

4) Prices and terms of payment

4.1  Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transmission by credit institutions (z.B . Transfer fees, exchange rate fees) or import duties or taxes ( z.B. Customs duties). Such costs may also be incurred in relation to money transmission if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the customer in the seller's online store.

4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service „PayPal“ is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and returns or credit notes, even in the case of assignment of claims.

4.6 When selecting a payment method offered via the payment service" Shopify Payments ", payment processing is carried out by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter"Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online store. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com /legal /terms-payments-en .

5) Delivery and shipping conditions

5.1  If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the shipment if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of withdrawal by the customer, the provision made in the seller's withdrawal policy shall apply to the return shipping costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment;the customer shall be deemed to have accepted delivery as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific cover transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded immediately

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

- by e-mail

6) Eigentumsvorbehalt

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1  If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for rights in respect of defects shall be one year from delivery of the goods;
• in the case of used goods, the warranty rights are excluded;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2  The aforementioned limitations of liability and shortened deadlines shall not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3  In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the customer acts as a merchanti.S.d. § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to inspect and return the goods in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1  The seller shall be liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• due to mandatory liability such as under the Product Liability Act.

8.2  If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. 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 makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

8.3 Any further liability of the seller is excluded.

8.4 The above liability provisions shall also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to certain specifications of the customer

9.1  If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer shall provide the seller with all content required for processing, such as texts, images or graphics;the customer shall provide the seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller, and shall grant the seller the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights and personal rights.

9.2 The customer shall indemnify the seller against claims of third parties which they may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. The customer shall also bear the necessary costs of legal defense, including all court and legal fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense

9.3  The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10) Special conditions for assembly/installation services

If, in addition to the delivery of the goods, the seller also owes the assembly or installation of the goods at the customer's premises and, if applicable, the corresponding preparatory measures (e.g., rigging) according to the content of the contract, the following shall apply:

10.1  The Seller shall provide its services at its own discretion in person or by qualified personnel selected by it. The seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.

10.2  The customer shall provide the seller with the information required for the provision of the service owed in full and truthfully, provided that the procurement of such information does not fall within the seller's scope of duties according to the content of the contract.

10.3  The seller shall contact the customer after conclusion of the contract in order to agree a date for the performance owed. The customer is responsible for ensuring that the seller or the personnel commissioned by the customer have access to the customer's facilities on the agreed date.

10.4  The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Customer until the installation work has been completed and handed over to the Customer.

11) Special conditions for repair services

If the seller owes the repair of an item of the customer according to the content of the contract, the following shall apply:

11.1  Repair services shall be provided at the registered office of the seller.

11.2  The Seller shall provide its services at its own discretion in person or through qualified personnel selected by it. The seller may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to perform the desired service.

11.3  The customer shall provide the seller with all information necessary for the repair of the item, provided that the procurement of such information does not fall within the seller's scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform him of all circumstances that may be the cause of the defect found

11.4  Unless otherwise agreed, the customer shall ship the item to be repaired to the seller's place of business at his own expense and risk. The seller recommends that the customer takes out transport insurance for this purpose. Furthermore, the seller recommends the customer to send the goods in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. the seller shall inform the customer immediately of any obvious transport damage so that the customer can assert any rights he may have against the carrier

11.5 The return shipment of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to a suitable transport person at the seller's place of business. At the customer's request, the seller shall take out transport insurance for the item

11.6 The aforementioned provisions do not restrict the customer's statutory rights in the event of the purchase of goods from the seller

11.7  The seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

12) Redemption of promotional vouchers

12.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific validity period and that cannot be purchased by the customer (hereinafter" promotional vouchers ") can only be redeemed in the seller's online store and only during the specified period.

12.2  Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

12.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

12.4  Several promotional vouchers can be redeemed with one order.

12.5  The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

12.6  If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

12.7  The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

12.8  The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

12.9  The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, business incapacity or lack of power of representation of the respective holder.

13) Redemption of gift vouchers

13.1 Vouchers that can be purchased via the seller's online store (hereinafter" gift vouchers ") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

13.2  Gift vouchers and remaining credit on gift vouchers are redeemable until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.

13.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

13.4  Several gift vouchers can be redeemed for one order.

13.5  Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

13.6  If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

13.7  The balance of a gift voucher is neither paid out in cash nor does it bear interest.

13.8  The gift voucher is only intended for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material eligibility of the respective gift voucher holder.

14) Applicable law

14.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

14.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to 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.

15) Alternative dispute resolution

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