General Terms and Conditions with Customer Information

Last Update: 10. Oktober 2023

1. Validity of the GTC

For the business relationship between hifidom Inh. Dieter Steinwedel, Konrad-Adenauer-Str. 20, 30823 Garbsen , Germany (hereinafter referred to as "Seller") and the purchaser of the products and services of the Seller (hereinafter referred to as "Products" or "Goods") referred to as "Customer", the following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively.

Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.

All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.

A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.

"Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. General Information on Offers and Orders

The presentation of the products in the store, on websites and in digital printed brochures, or catalogs or comparable product presentations of the seller does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the customer.

The presentation of the Products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor’s fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).

Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

3. Ordering Process and Conclusion of Contract

The Customer can select from the Products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the Customer can initiate the completion of the order process.

By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the Products in the shopping basket.

4. Prohibition of industrial and commercial resale

The Seller’s products may only be purchased in usual household quantities. Commercial or industrial resale of the purchased goods is prohibited without the prior consent of the Seller. In case of violation, the Seller is entitled to set a reasonable penalty, the amount of which may be reviewed by a competent court in case of dispute. In addition, the Seller reserves the right to exclude persons from purchasing goods in its online store in the future if they violate this provision.

5. Contract Text and Contract Language

The Vendor stores the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before placing the order with the Seller by using the print function of his browser or the memory function for web pages in the last step of the order.

If Customers have created a Customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.

The contract languages are German and English, contracts can be concluded in these languages.

6. Customer Account

The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.

Customers can also place an order as a guest without having to create a Customer account.

Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.

Customers are responsible for their Customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the Customers' responsibility to use the access data for their Customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the Customer account.

The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor’s GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.

To the extent that Customers store, provide or otherwise upload content or information (hereinafter referred to as "content") within the Customer account, Customers are responsible for the content of this information. The Vendor does not adopt the Customers' content as their own. However, the Vendor reserves the right to take appropriate measures depending on the degree of legal infringement risk posed by the content, particularly the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, reasonableness, and the interests of all parties involved, in particular the fundamental rights of the Customers, may include (partial) deletion of content, requests for action and declarations, warnings, cease and desist notices, and bans., is prohibited.

Customers can cancel their Customer account at any time. The Vendor can cancel the Customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the Customer. The Vendor reserves the right to terminate for exceptional reasons.

From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer’s responsibility to secure their data upon termination of the Customer account.

7. Prices and Shipping Costs

Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).

In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer.

Information page with details of delivery and shipping costs:
https://shop.hifidom.com/en/for-customers/delivery-and-shipping-costs/

8. Payment Methods and Terms

Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.

When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).

The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.

If a payment is not made or reversed due to insufficient funds in the Customer’s account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").

The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.

8.1. Prepayment

If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences.

8.2. Credit card payment

When placing an order, Customers provide their credit card details. The Customer’s credit card will be charged immediately after completion of the order and after the Customer’s authorisation as the legitimate cardholder.

8.3. Klarna Sofortüberweisung (Sofort)

The payment is carried out using online banking data by the provider Sofort GmbH immediately after the order according to the conditions of Klarna Sofortüberweisung (which are also communicated to the Customer during the ordering process). Further information:
https://www.klarna.com/sofort/.

8.4. PayPal

Payment shall be made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided or selected by customers. Customers will be redirected directly to PayPal at the end of the ordering process. For customers who have a PayPal account, the following terms of use of PayPal apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
If customers use PayPal’s services without having a PayPal account, the following terms of use apply:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
Overview of all conditions:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

8.4.1. PayPal Express

The Customer pays the amount owed by means of the PayPal transaction.

8.4.2. PayPal Installments

Prerequisite for an installment payment via PayPal is a successful verification of the address and creditworthiness of the customer by PayPal. The seller assigns his payment claim against the customer to PayPal. A debt-discharging payment can only be made to PayPal according to the conditions of PayPal.

In the context of the "PayPal Checkout payment method, the Vendor may use third party payment service providers for the purpose of payment processing. The following information applies to PayPal or the respective named third party payment service providers (collectively referred to as "Checkout payment service providers"). The terms and conditions of the Checkout Payment Service Provider communicated to the Customer shall apply. If the Vendor offers a purchase on account or payment by installments via the Checkout payment service provider, the Vendor reserves the right that a prerequisite of the payment method is a successful check of the address and creditworthiness of the Customer by the Checkout payment service provider. The Vendor assigns the payment to the Checkout payment service provider. A debt-discharging payment can only be made to the Checkout payment service provider in accordance with the conditions and the selected, or stated, payment term of the Checkout payment service provider. In the event of payment by means of a SEPA direct debit mandate, the Customer shall issue a SEPA direct debit mandate to the Checkout payment service provider. By issuing the SEPA direct debit mandate, the Checkout payment service provider is authorized to initiate the payment transaction, which automatically debits the Customer’s bank account. The Customer will be informed about the date of debiting the bank account (referred to as "Pre-Notification").

Costs incurred by reminders of due receivables will be charged to the Customers. The Customers have the right to prove no, or lower costs.

The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. The Customer’s obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.

9. Purchase on account

If the Vendor performs in advance, the delivered Products shall remain the property of the Vendor until payment has been made in full.

For Customers who are Entrepreneurs, the following rules apply to the Products, which remain the property of the Vendor until full payment has been made (hereinafter referred to as "Retained Goods"). If the Vendor performs in advance, the delivered Products shall remain the property of the Vendor until payment has been made in full. The Vendor shall retain title to the Retained Goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the Retained Goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the Retained Goods by the Customer shall always be carried out for the Vendor. If the Retained Goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the Retained Goods to the other processed Goods at the time of processing. In all other respects, the same shall apply to the Goods created by processing as to the Retained Goods. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the Retained Goods with a real property. Access by third parties to the Retained Goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the Retained Goods of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the Retained Goods of title (including all current account balance claims). The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer’s request if their total sales value exceeds the sum of all outstanding claims of the Vendor arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The choice of the securities to be released is incumbent on the Vendor.

10. Delivery, Availability of Goods

The ordered Goods will be delivered to the specified delivery address, unless otherwise agreed.

If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the Goods shall be delivered to the deviating delivery address.

In the case of goods delivered by means of a forwarding agent, the delivery shall be made "free curb", unless otherwise agreed. This means that the delivery will be made to a public curb closest to the place of delivery.

Furthermore, delivery by means of a freight carrier can only be made if the requirements for the freight carrier delivery communicated to the Customer within the scope of the product description or the ordering process can be fulfilled.

If a delivery of Goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the Goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the Goods.

Should the delivery of the Goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.

If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

In the case of delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Vendor, the Vendor shall not be responsible for such delays with respect to Customers who are Entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Vendor shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to Customers who are Entrepreneurs in cases of unforeseeable events which affect the operations of a pre-supplier and for which neither the pre-supplier nor the Vendor are responsible. For the duration of such hindrance, the Customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by means of a written declaration after a reasonable period of time to be set by the Customer or after mutual consultation with the Vendor.

Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.

For Customers who are Entrepreneurs, the risk of accidental loss and accidental deterioration of the Goods shall pass to the Customer as soon as the Vendor has delivered the Goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates, subject to any promises and agreements to the contrary.

11. Digital Contents

"Digital Contents" is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-Rays).

The provisions of these GTC apply accordingly to the sale of digital content.

The provisions of these GTC shall apply accordingly to the sale of tangible media that serve exclusively as carriers of digital content.

Digital Contents are provided to the Customer in the form of a download possibility.

Digital content is delivered to the buyer in the form of a continuous stream of data, referred to as a "streaming".

The Vendor is entitled to subsequently adapt and change digital contents, provided that this is necessary for the Vendor (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons which make an adaptation of contents necessary) and is reasonable for the Customer and the contractual use of the Products as well as the contractual equity are not impaired.

The Digital Content will be made available to the Customer Account, provided that a Customer Account has been created.

The Customer will be informed expressly and with reasonable advance notice before the possibility of accessing the purchased digital content expires.

For the use of the digital content, access to the internet as well as common and usual display options that are reasonable for the Customer (e.g. a browser or PDF display software) are required. The Vendor assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the purchaser (this applies in particular to the purchaser’s access to the internet).

In the case of sales via app/play stores, we ask Customers to observe the contractual terms and Customer information applicable in these stores.

12. Goods with Digital Elements

"Goods with digital elements" means any tangible movable items that incorporate, or are inter-connected with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the Goods from performing their functions.

The provisions of these GTC apply accordingly to the sale of Goods with digital elements. In addition to the delivery of the Goods, the Vendor is obliged to provide digital content or digital services in accordance with the contractual agreement.

13. Digital Services

"Digital Service" means a service that allows the Customer, who is a consumer, to create, process, store or access data in digital form; or a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the Customer or other users of that service.

The provisions of these GTC shall apply accordingly to Digital Services.

14. Sale of Licence Keys

These GTC apply accordingly to the sale of licence keys.

When purchasing licence keys, the purchaser is granted the rights to use the respective product, for example software or content, as shown in the product description.

Unless stated in the product description, the licence key may only be used after payment of the price.

15. Subscriptions

"Subscription" is understood to mean the regular purchase of Products or other services by "Subscribers" (how Customers are referred to under Subscription Agreements) within the framework of an ongoing contractual relationship (also referred to as a "Subscription Agreement") for a defined period of time (also referred to as a "Subscription Period").

Termination shall be effective as of the next service or delivery due date or the next service or delivery within the Subscription Period.

Subscriptions are billed in advance at the beginning of each Subscription Period.

Trial subscriptions automatically convert to a paid subscription unless cancelled within the trial period.

The Subscriber shall notify the Vendor immediately of any changes in the delivery or shipping address and shall otherwise be responsible for any impediment to delivery due to failure to notify the Vendor.

The right to termination of the subscription agreement for good cause is reserved in accordance with the statutory provisions.

Subscription contracts can only be cancelled electronically by e-mail or in the user account.

16. Sale of Vouchers

These GTC apply accordingly to the sale of vouchers embodying material or monetary values.

17. Production and processing according to the Customer’s specifications

If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer’s specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as "Cooperation").

The Customer shall be informed of his required Cooperation within the product description or the ordering process.

In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.

The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer’s Cooperation.

The Vendor shall not bear any costs for the Cooperation of the Customer.

The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer’s Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.

The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).

18. Promotional vouchers

"Promotion vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.

Promotion vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.

Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.

Unless otherwise stated, the promotional vouchers issued to recipients may not be transferred to third parties.

Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.

Unless otherwise stated, promotion vouchers can only be redeemed prior to completion of the order process.

If an amount remains to be paid after a promotional voucher has been redeemed, this can be settled using the payment options offered by the Vendor.

If a promotion voucher exceeds a value of Goods, it will only be taken into account up to the value of the Goods without any payment of the remaining amount.

19. Copyright and Rights of Use

The Products sold by the Vendor are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the Vendor or the respective rights holders. Customers commit themselves to recognize and comply with these property rights.

The Customer shall receive the non-exclusive rights to use the acquired Products for purposes in accordance with the contractual agreement. Otherwise, use and exploitation of the Products is not permitted. In particular, copyrighted Products of the Vendor may not be reproduced, distributed, made publicly available or in any other way made available to third parties on the internet or intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the Products unless this is necessary for the contractual use of the Products or is permitted by law.

If the Products are subject to a specific licence of use, the Customers shall be informed about the licence of use. In this case, the provisions of the licence of use shall apply before these GTC.

The rights granted are limited to private use purposes and do not include business or corporate use.

If the Vendor performs in advance, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the complete purchase price of the relevant Goods.

The copyright notices and proprietary notices (for example the "Copyright" symbol ©) attached or otherwise connected with the Products within a reasonable and legally recognised scope shall be respected and the rights of use granted shall only apply as long as the aforementioned notices and notations are not removed or otherwise rendered unrecognisable. Unless the removal or obscuring takes place within the scope of the ordinary or intended use of the Products.

20. Withdrawal policy

The information on the right of withdrawal for Consumers can be found in the Vendor’s instructions on withdrawal.

The right of withdrawal does not apply to consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a member state of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.

The provisions of these GTC do not limit the statutory rights of withdrawal, cancellation, termination, warranty, and defects as well as other mandatory rights of the Customer and their related payment and other claims, and are subordinate to these rights.

Customers can access the seller’s withdrawal policy at the following Internet address:
/en/legal/instructions-on-withdrawal/

21. Warranty and Liability

The Vendor may limit the warranty in the case of Customers who are consumers if it has specifically informed the Customers thereof and the limitation of the warranty is expressly and separately agreed and this agreement is provided to the Customer on a durable medium.

The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the Customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor’s statutory warranty.

The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, Goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital Products.

The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the case of mandatory consumer recourse claims of the Customer. This shall apply in particular in the event of claims for damages and reimbursement of expenses by Consumers, in the event of a shortening of the time limit in the case of Products which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof, and in the event of any updating obligations in the case of contracts for digital Products.

22. Change of GTC

The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.

In the case of Customers who are Entrepreneurs, changes can also be made in addition to the cases mentioned, provided they are reasonable, appropriate, and objectively justified for the Customer.

The Vendor will send the amended GTC to the Customer’s email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.

23. Final provisions

The legal relationship between the Customer, insofar as the Customer is an Entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction shall be at the Vendor’s (registered) office if the Customer is an Entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor’s country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.

24. Dispute Resolution

Online dispute resolution: The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.

The company is not obliged and willing to participate in dispute resolution proceedings before a consumer arbitration board.