General Terms and Conditions (GTC)

General Terms and Conditions / Conditions of Sale
(The following GTC also include the legal information on your rights regarding electronic transactions and required information for consumers)

Section 1 Term Definitions
Section 2 Applicability of These GTC for Entrepreneurs
Section 3 Retention of Title
Section 4 Warranties
Section 5 Transport Damage
Section 6 Privacy
Section 7 Applicable Law
Section 8 Place of Jurisdiction
Section 9 Consumer Information and Information on Electronic Business Transactions
1. Contract Language
2. Contract Conclusion and Technical Steps Leading to Contract Conclusion
3. Input Error Correction Prior to Order Submission
4. Contract Text Storage
5. Payment Information
6. Delivery Information
7. Prices and Shipping Costs
8. Customs and Import Duties for Deliveries Into Non-EU Member States (e.g., Switzerland, USA)
9. Warranty Term and Guarantee Information
10. Cancellation Rights of Consumers
11. Essential Characteristics of Goods or Services
12. Seller's Identity and Address
13. Online Dispute Resolution
14. Dispute Resolution Procedures Before a Consumer Arbitration Center

Section 1 Term Definitions
(1) If special rights and obligations for consumers under Section 13 of the German Civil Code or only for entrepreneurs under Section 14 of the German Civil Code are specified by these GTC, the following term definitions shall apply:
(2) A consumer shall be defined as every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
(3) An entrepreneur in the sense of Section 14 of the German Civil Code shall be defined as a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. A partnership with legal personality shall be defined as a partnership that has the capacity to acquire rights and to incur liabilities.

Section 2 Applicability of These GTC for Entrepreneurs
(1) If the buyer is an entrepreneur in the sense of Section 14 of the German Civil Code (see Section 1(3) of these GTC), these GTC shall apply exclusively. GTC of the buyer shall only apply if the seller expressly agrees to them prior to the conclusion of the respective contract.
(2) If the buyer is an entrepreneur in the sense of the Section 14 of the German Civil Code (see Section 1(3) of these GTC), these GTC shall also apply to future transactions between the contract parties.

Section 3 Retention of Title
Ordered goods shall remain the property of the seller until they have been paid for in full. Prior to the transfer of title, the goods may not be pledged, used for secured transactions, processed or redesigned without the express permission of the seller.

Section 4 Warranties
If the buyer is a consumer in the sense of Section 13 of the German Civil Code (see Section 1(2) of these GTC), he shall be entitled to statutory warranty rights. The warranty period shall last 24 months following the delivery of the goods to the buyer. If the buyer is an entrepreneur in the sense of Section 14 of the German Civil Code (see Section 1(3) of these GTC), the warranty period for new goods shall be one year following the delivery of the goods. No warranty shall be provided to entrepreneurs for used goods. However, this shall not apply to damage claims. These shall be determined by statutory regulations. If the buyer is an entrepreneur in the sense of Section 14 of the German Civil Code (see Section 1(3) of these GTC), he shall only be entitled to warranty claims for existing transport damage if he fulfilled his inspection and reporting obligations under Section 5(4) of these GTC.

Section 5 Transport Damage
If the buyer is a consumer (see Section 1(2) of these GTC), we ask that he refuse or report goods with obviously damaged packaging or contents to the freight service. We also ask that the buyer  notify us by email, fax or mail without delay in such cases.We also ask for notification without delay upon the discovery of hidden defects. The above regulations shall not entail any reduction to the buyer's warranty rights or cancellation rights or statute of limitations.If the buyer is an entrepreneur in the sense of Section 14 of the German Civil Code (see Section 1(3) of these GTC), he must immediately inspect the goods for transport damage upon their receipt. Detectable transport damage must be reported to the seller without delay. The buyer must have the freight service confirm any packaging damage in writing when accepting the goods. Should such defects be detected subsequently, they must be reported without delay upon their discovery.

Section 6 Privacy
Any personal data required for the execution of the order, i.e., one's name, address, email address, payment details and, if applicable fax and telephone number, shall be saved and processed by us under adherence to the relevant statutory regulations (especially Regulation (EU) 2016/679 (General Data Protection Regulation), the German Federal Data Protection Act [Bundesdatenschutzgesetz] and the German Telemedia Act [Telemediengesetz]). We need this data for accounting, invoicing and deliveries. This data enables the processing and execution of your orders and allows you to receive status updates.
To assess your creditworthiness when selecting "Invoice" as your payment method, we will obtain information on your previous payment history and credit ratings based on mathematical-statistical procedures using address data from the BFS finance GmbH, Gütersloher Str. 123, 33415 Verl, Germany, the infoscore Consumer Data GmbH, Rheinstrasse 99, 76532 Baden-Baden, Germany (for customers with German billing addresses), the CRIF GmbH, Diefenbachgasse 35, A-1150 Vienna, Austria (for customers with Austrian billing addresses) and Experian Nederland B.V., Verheeskade 25, 2521 BP, The Hague, The Netherlands (for customers with Dutch billing addresses).
For direct debit request procedures, we will compare your bank details (only IBAN and BIC or account number and sort code, no personal information) with the Return-debit Prevention Pool of the infoscore Consumer Data (ICD) GmbH, Rheinstr. 99, 76532 Baden-Baden, Germany. The RPP serves as a blocking file.
Furthermore, we will not provide personal data to third parties without the express and always revocable permission of the buyer or express legal authorization or requirements to do so. Legal authorization to provide your personal data to third parties exists for the transfer of personal data to our service partners who need such data for order execution (e.g., the bank commissioned for the payment or the shipping company commissioned for the delivery). However, in such cases, the extent of data transferred shall be limited to the data that is necessary.The buyer shall have a right to the disclosure, correction, blocking and/or deletion of data saved on him. Please submit your request to us by email, mail or fax. The respective contact details can be found in the seller identification.Following the complete implementation of the contract and full payment of the purchase price, your data shall be deleted after the expiration of the tax and commercial law regulations.

Section 7 Applicable Law
Any disputes arising under this legal relationship shall be governed by the law of the Federal Republic of Germany, except for its conflict of law provisions. However, towards consumers (see Section 1(2) of these GTC), this governing law shall only apply insofar as the law of the state of which the consumer is an ordinary resident is not contrary to these GTC. The UN sales convention shall be excluded.

Section 8 Place of Jurisdiction
The courts of the seller's registered office shall serve as the exclusively place of jurisdiction for any dispute that may arise from or in relation to the delivery of the goods and/or these GTC if the customer is a merchant, a legal person under public law, a special fund under public law or has no permanent residence in Germany, moves his residence abroad after these GTC enter into effect or if the customer's ordinary residence is unknown at the time a suit is filed.

Section 9 Consumer Information and Information on Electronic Business Transactions

1. Contract Language
The contract language is German. These General Terms and Conditions shall only be offered in German and English. The German version is authoritative.

2. Contract Conclusion and Technical Steps Leading to Contract Conclusion
Product presentations on the online shop shall not constitute binding offers by the seller, but shall merely represent a request by the seller for the buyer to submit a purchase offer. By placing a product in his shopping cart, the buyer shall follow the order process of the seller's online shop prior to submitting a binding offer. For this, the buyer must provide his billing and shipping address and select his desired payment and shipping method. Only when submitting his online offer by clicking on the binding order button "Pay Now," shall the buyer make a binding offer for the ordered goods for the price in the order overview. If the buyer selects "Invoice" or "Cash on Delivery" as the payment method during the order process, his offer shall be accepted by the seller through an order confirmation to be sent by email within 3 business days of the submission of the buyer's order. If the buyer does not receive an order confirmation from the seller within this period, the buyer's offer shall be considered to have been rejected and no contract shall be concluded. In this case, the buyer shall no longer be bound to his offer. If the buyer selects "Advance Payment" or "Transfer" as the payment method during the order process, the buyer's offer shall be accepted when the respective payment instructions are confirmed to the bank. Following the confirmation of the payment instructions to the bank by the buyer, a contract shall be concluded with the seller.If the buyer selects "Paypal" as the payment method during the order process, the buyer's offer shall be accepted when the respective payment instructions are confirmed to PayPal. Following the confirmation of the payment instructions to PayPal by the buyer, a contract shall be concluded with the seller.If the buyer selects "Credit Card" as the payment method during the order process, the buyer's offer shall be accepted when his credit card is charged, i.e., directly after the buyer submits his credit card details. Following the buyer's submission of his credit card details, a contract shall be concluded with the seller.If the buyer selects "Direct Debit" as the payment method during the order process, the buyer's offer shall be accepted when his account is charged, i.e., directly after the buyer submits his account details. After the buyer's account has been charged, a contract shall be concluded with the seller.If the buyer selects "Sofortüberweisung" as the payment method during the order process, a contract shall be concluded when the buyer confirms the payment instructions to the SOFORT GmbH.The buyer may also non-bindingly request an offer from the seller by telephone, fax or email. In this case, the seller shall submit a binding offer, including any required information, to the buyer by telephone, fax/email or letter within 7 business days of the submission of the buyer's request; whether the deadline is met shall be determined when the buyer receives the offer. The buyer may then accept the seller's offer by telephone, fax, email or letter within 7 business days of the offer's receipt; the deadline shall be met if the fax, email or letter is sent or if the seller's offer is accepted by telephone within this period. If the buyer does not accept the seller's offer by telephone or does not submit his acceptance by email, fax or letter within the stated deadline, the seller's offer shall be considered to have been rejected and no contract shall be concluded. In this case, the seller shall also no longer be bound to his offer.

3. Input Error Correction Prior to Order Submission
You may review your order on a separate page prior to its submission. You may correct input errors by clicking on the "Back" button of your browser to return to the previous page or by using the online shop's respective correction functions during the order process.

4. Contract Text Storage
The order, GTC and cancellation policy shall be submitted to the buyer in text form by email together with the seller's order confirmation. Furthermore, the contract text shall be saved on the seller's internal systems and sent to the buyer again by email on request.

5. Payment Information
Payment of the purchase price shall be made via the payment options offered during the order process. Installments shall require prior coordination with/the agreement of the seller.In case of default, the seller may withdraw from the contract after an appropriate grace period.

6. Delivery Information
Unless agreed to otherwise prior to contract conclusion, goods shall be delivered by sending the goods to the address provided by the buyer within Germany or the countries that may be selected during the order process. Deliveries to other countries shall be excluded. Maximal delivery periods and, if applicable, any delivery restrictions may be found on an appropriately labeled section on our online shop.Goods deliveries may be delayed for reasons for which the seller is not responsible, e.g., force majeure, operational disruptions, etc. The seller shall notify the buyer of such circumstances without delay. The buyer's rights shall remain unaffected. The buyer may especially withdraw from the contract after an appropriate grace period.If delivery is not possible for reasons for which the seller is not responsible, any claims to delivery shall be excluded. Should it not be possible to perform a service, the seller shall notify the buyer about the hindrance and refund any payments received without delay.Irrespective of any transport insurance, the seller shall bear the risk of loss or damage of the goods while in transit if the seller is a consumer in the sense of Section 13 of the German Civil Code (see Section 1(2) of these GTC).The seller may choose the transport service provider at his discretion.

7. Prices and Shipping Costs
The prices stated in the respective offers shall include legal VAT and any other price components (total price) plus separately stated shipping costs. For deliveries to countries outside of the European Union (third countries), additional customs duties or taxes may be charged when the purchased goods reach the third country (see following Subsection 8 of these GTC).If the sold article is subject to differential taxation (used goods), sales prices shall be plus the VAT to be paid by the seller under Section 25a of the German VAT Act [Umsatzsteuergesetz] and plus separately stated shipping costs. In case of differential taxation, VAT may not be stated.

8. Customs and Import Duties for Deliveries Into Non-EU Member States
Please note that deliveries into non-EU member states (third countries) may entail additional customs duties or taxes when the purchased goods reach the third country. These additional import duties or taxes must be borne by the buyer. The Seller shall have no influence on these fees and cannot predict their amount, as customs regulations differ considerably among countries. We recommend that the buyer inquire about customs duties and local taxes for the third country at the respective customs office when commissioning deliveries into the third country.

9. Warranty Term and Guarantee Information
Information on our warranty terms may be found in Section 4 of these GTC.Should the seller grant an additional voluntary guarantee, the buyer's statutory warranty rights shall not be diminished. Such guarantees shall apply in addition to the statutory warranty rights, though the contents of the guarantee and any essential statements required for its assertion towards the seller shall be taken from the respective warranty statement.

10. Cancellation Rights of Consumers
If you conclude a legal transaction for purposes that predominantly are outside your trade, business or profession (consumer in the sense of Section 13 of the German Civil Code), you shall be entitled to cancellation rights. Specifics on cancellation rights can be found in the seller's separate Cancellation Policy.

11. Essential Characteristics of Goods or Services
The essential characteristics of our goods or services may be found in the seller's offers.

12. Seller's Identity and Address
Our identity and address is: A&B Vertriebsgesellschaft mbH, Trajanstr. 15, 50678 Cologne, Germany. Managing director with sole power of representation: Jonathan Arleff.

13. Online Dispute Resolution
The EU Commission provides an online platform for the resolution of disputes with online traders (ODR platform). This ODR platform provides assistance for out-of-court resolutions of disputes on obligations under online purchase contracts. This ODR platform may be found at: https://ec.europa.eu/consumers/odr/

14. Dispute Resolution Procedures Before a Consumer Arbitration Center
We are neither willing nor required to participate in dispute resolution procedures before a consumer arbitration center.

GTC valid: 30 September 2018