TERMS AND CONDITIONS

A. General terms and conditions for consumers

1. Scope

The following provisions apply exclusively to sales contracts between the seller (entrepreneur/we) and the customer (consumer/buyer/you), through which a consumer buys a movable property from an entrepreneur (purchase of consumer goods according to SECTION 474 BGB).

The following terms and conditions apply to all orders made via our online shop. A consumer is any natural person who concludes a legal transaction for purposes which for the most part cannot be attributed to their commercial or independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2. Contracting party, and conclusion of contract

The purchase contract is concluded with Razeco UG.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can first add our products to the shopping cart without obligation and submit your entries Correct sending your binding order at any time by using the correction tools provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Delivery terms

a.) The delivery time is approx. 3-5 days (days/weeks) from (Conclusion of contract/upon receipt of order).

b.) We deliver through our official delivery partner DHL together with a national transport partner such as Deutsche Post, which takes care of last route delivery. We are not responsible for lost orders when ordered to package forwarding service providers who transport them to another destination.

c.) We bear the delivery costs for an order that contains at least one Razeco5 Starter Kit or three Razeco3s.

d.) The place of performance is the location of Razeco's branch. The dispatch of the goods to the location specified by you is the subject of the contract. We bear the risk of loss of the goods until they are handed over.

You can choose a different shipping method. However, as the buyer, you bear the additional costs for this. These additional costs are also payable if you make use of a right of withdrawal.

e.) Insofar as delivery is or becomes impossible, the legal provisions apply.

f.) Partial deliveries are permitted insofar as they are reasonable for you, with the additional shipping costs caused by us being borne by us.

4. Payment

a.) In our shop, you can pay as follows:

credit card
During the ordering process, you enter your credit card details. Your card will be charged immediately after you place the order.

PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. You will receive further information during the ordering process.

b.) Payment of the purchase price is due in full without deduction or discount upon delivery. You will be in default 30 days after delivery without further explanation from us, unless you have paid.

In the event of the existence of defects, you are not entitled to a right of retention unless the withholding is in reasonable proportion to the defects and the expected costs of rectifying the defect (in particular remedying the defect).

c.) You agree that we only electronic invoices can issue, which will be sent to the email address that you provided.

5. Cancellation policy

As a consumer, you generally have a legal right of withdrawal when concluding a distance selling transaction. You will be informed below in accordance with the legal model cancellation policy:

Right of withdrawal individual order
You have the right to cancel this contract within 14 days without giving reasons.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us at the following address:

Razeco UG (limited liability), Holsteinische Strasse 16, 10717 Berlin, info@razeco.com


inform you of your decision to cancel the contract by means of a clear statement (e.g. a letter sent by post or email). You can use the sample withdrawal form below, but this is not mandatory. To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the respective transaction, unless something else has been expressly agreed with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to Razeco UG (haftungsbeschränkt), Holsteinische Straße 16, 10717 Berlin, info@razeco.com immediately and in any case no later than 14 days from the day on which you notified us of the cancellation of this contract.

The deadline is met if you send the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling them that is not necessary to check the nature, properties or functioning of the goods.

If you want to cancel the contract, you can fill out this form and send it to us (by post or email)

  • To address or email
  • I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) /the provision of the following service (*)
  • Ordered on (*) /received on (*)
  • Name of consumer (s)
  • Address of consumer (s)
  • Signature of consumer (s) (only if notified on paper)
  • date

5. Self-delivery reservation

We are entitled to withdraw from the contract if, despite the previous conclusion of a corresponding purchase contract on our part, we do not receive the delivery item through no fault of our own. We will immediately inform you that the delivery item is not available in time and, if we therefore wish to withdraw, exercise the right of withdrawal immediately. As a buyer, you also have a right of withdrawal as a result of the seller's information. In the event of withdrawal — regardless of who — we will immediately refund the consideration.

7. Simple retention of title

The delivery item remains our property until full payment has been made.

8. Warranty and notification of defects

a.) In principle, the statutory liability for defects applies

b.) You are obliged to report obvious defects to us in text form within 3 weeks of receipt of the goods; to meet the deadline, it is sufficient to send the notification within the period. Defects that occur later must be reported immediately. You must describe the deficiencies in as much detail as possible.

If you report a defect which, according to our review, does not exist and if you were aware of the non-existence of the defect when reporting it or were in error about this as a result of negligence, you must compensate us for the damage that has arisen. Within the framework of the above provisions, we are in particular entitled to demand reimbursement from you for the expenses we have incurred, such as for examining the item or the repair required by you. You are entitled to prove that the reported defect does exist and to prove that we have suffered no or minor damage. Since our product is a hygiene item, it is only possible to withdraw from the purchase contract if the product is in original condition. This means that the packaging must be unopened and undamaged and the product has not been used or altered in any way. This restriction serves to protect health and hygiene and complies with the legal requirements for such products. In the event of a justified defect, we reserve the right to choose between repair and replacement delivery. Should both options fail or be unreasonable, the customer may, at his discretion, demand a reduction or withdraw from the contract, provided that the above requirements for health and hygiene protection are met.

9. Liability and disclaimer

We are always fully liable for claims due to damage caused by us, our legal representatives or vicarious agents

  • in case of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • in the case of guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act has been opened.

In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight and normal negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for compensation are excluded.

The resulting limitations of liability do not apply insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.

10 Liability limitation/force majeure, industrial action

a.) If failure to comply with deadlines is due to force majeure, e.g. mobilization, war, turmoil, pandemic, or similar events for which we as a seller are not responsible, e.g. strike or lockout, the deadlines are extended by the periods during which the predetermined event or its effects last.

b.) We are liable in accordance with legal provisions in cases of intent or gross negligence on the part of us or a representative or vicarious agent as well as in the event of culpably caused injury to life, body or health. In other cases of default, our liability for compensation is limited to a total of 100% in addition to performance and for compensation instead of performance (including reimbursement of futile expenses) to a total of 100% of the value of the delivery. Further claims on your part — even after expiry of any deadline set by us for performance — are excluded. The limitation and exclusion do not apply in the event of culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely). The claim for compensation for the culpable breach of essential contractual obligations is limited to foreseeable damage typical of the contract, unless there is another case under sentence 1. Your right to withdraw from the contract in accordance with the statutory provisions remains unaffected.

c) The above regulations do not entail a change in the burden of proof to your detriment.

12. Exclusion of the right of withdrawal and obligation to make a decision

You can withdraw from the contract in accordance with legal provisions.

In the event of breaches of duty, following our request, you must explain within a reasonable period of time whether you are withdrawing from the contract due to the breach of duty or insisting on delivery. However, in the event of defects, the statutory provisions on withdrawal apply.

13. Reduction of limitations (purchase of consumer goods)

a.) Insofar as a new or newly manufactured item is an item of delivery, the limitation period due to defects — irrespective of the legal basis — is uniformly one year.

b.) The limitation periods applicable to claims for damages under a.) apply to all claims for damages against us that are related to the defect — regardless of the legal basis of the claim.

c.) However, the above limitation periods apply with the following proviso:

The above limitation periods generally do not apply in the event of intent or fraudulent concealment of a defect or insofar as we have assumed a guarantee for the quality of the delivery item. Statutory deadlines take their place.

The above limitation periods also do not apply to claims for damages in the event of a grossly negligent breach of duty, in the event of a culpable breach of cardinal obligations — not consisting in the delivery of a defective item — (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), in cases of culpably caused injury to life, body or health, or in the case of claims based on dem Product Liability Act. Statutory deadlines take their place.

The limitation periods for claims for damages also apply to reimbursement of futile expenses.

d.) The limitation period for all claims for damages begins upon delivery.

f.) Unless otherwise expressly stated, the statutory provisions relating to the start of the limitation period, the suspension and the resumption of deadlines remain unaffected.

g.) The above regulations, insofar as they also apply to claims for damages, apply mutatis mutandis to claims for damages that are not related to a defect.

h.) The above regulations do not entail a change in the burden of proof to your detriment.

14. subsequent performance

In the event of a defect, we have the right to remedy the defect in accordance with SECTION 439 BGB to before the further rights of SECTION 437 BGB can be claimed. If you select Rectification (“Repair”), it is only considered to have failed after the unsuccessful second attempt. This does not apply if the nature of the goods or the defect or the other circumstances results or if we have both types of subsequent performance in accordance with Art. Section 439 (4) BGB deny.

15. Storage fee at usual rates/after additional expenses

If your delay in acceptance results in a delay in delivery, you must reimburse us for the usual storage costs for the period of delay. When storing in our own premises, we charge our usual storage fees per day of delay in acceptance. However, we are also entitled to store the item with an external shipping company and to charge you the actual storage costs incurred as a result. In this case, you bear the actual costs of the shipping company. Additional costs arising from special storage costs (e.g. for special packaging, air conditioning or safety measures) will also be charged. The storage costs are calculated from the first day of the delay in acceptance and must be paid regardless of the duration of the delay. We reserve the right to withdraw from the contract after setting a reasonable deadline and to claim compensation if the delay in acceptance persists for an unreasonably long period of time. It is expressly pointed out that storage costs may be significantly higher than the regular storage fees in the event of late acceptance and that it is in your interest not to delay acceptance of the goods.

16. Use of this website

The user agrees to use the website exclusively for lawful purposes and in accordance with these terms and conditions. It is prohibited to use the website in a way that impairs, overloads or damages its functionality. The user may not upload, post, or transmit content that is unlawful, threatening, harassing, defamatory, or otherwise offensive. All rights to the content of the website, including texts, graphics, logos and software, remain our property or that of our licensors. The user agrees that we use cookies and similar technologies to improve the functionality of the website and optimize the user experience. We reserve the right to change, suspend or discontinue access to the website at any time and without notice. The user is responsible for keeping their login details confidential and is liable for all activities that take place under their account. By using our website, the user agrees to these terms and conditions. We reserve the right to take legal action in the event of violations of these terms of use.

17. Jurisdiction

If you do not have a general place of jurisdiction in the Federal Republic of Germany, Berlin is the non-exclusive place of jurisdiction. If you move your place of residence or habitual residence outside Germany after conclusion of the contract or if your place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction for lawsuits against [Consumers as party to the contract] Berlin [e.g.: the seat of the other contracting party = user]. In all other respects, the statutory places of jurisdiction apply. Exclusive places of jurisdiction, e.g. for court payment proceedings, remain unaffected.

18. choice of law

German law applies without the referral rules of international private law and to the exclusion of the UN sales law.

According to Article 6 (2) of the Rome I Regulation, this does not affect the mandatory provisions of law in the country of habitual residence [of the buyer], who is a consumer and has his habitual residence in an EU state or in a state of the European Economic Area (EEA) (“State of residence”), if [the user]

a) carries out his professional or commercial activity in the State of residence, or

b) directs such activity in any way to that State of residence or to several States, including that State of residence.

Application note for deliveries/services to entrepreneurs (purchase/sales terms and conditions)

19. Amendments to the terms and conditions

We are entitled to change these terms and conditions at any time. In case of changes that are not minor and may affect you, you will be notified by email. We will then let you know that it is important to object if you do not agree with the changes. If we do not receive such an objection within thirty (30) calendar days of notification of the changes, we will assume that you agree with the changes. We also assume that you accept the changes if you enter into a contract for the products with us, for example by ordering the products after the new terms have been notified. The latest version of the terms and conditions will be available on the website.

B. General terms and conditions for all who are not consumers in accordance with Section A.

The following provisions apply exclusively to business relationships between the user (seller/user/we) and the customer (also entrepreneur/you/buyer). They expressly do not apply in legal transactions between the user and a consumer (SECTION 13 BGB). They also do not apply to construction and developer contracts.

1. Contractual partner, and conclusion of contract

The purchase contract is concluded with Razeco UG.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can first add our products to the shopping cart without obligation and submit your entries Correct your binding order at any time by using the correction tools provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.

2. Delivery terms

a.) The place of performance is the location of the Razeco UG branch (haftungsbeschränkt). The dispatch of the goods to the location specified by you is the subject of the contract. We bear the risk of loss of the goods until they are handed over.

b.) We deliver through our official delivery partner DHL together with a national transport partner such as Deutsche Post, which takes care of last route delivery. We are not responsible for lost orders when ordered to package forwarding service providers who transport them to another destination.

c.) We bear the delivery costs.

d.) You can choose a different delivery method. The buyer bears the additional costs incurred for this. These additional costs are payable even if the buyer makes use of a right of withdrawal.

Additional shipping costs are charged for items that cannot be sent by post or for which special shipping methods are required (bulky goods, batteries, etc.).

e.) Insofar as delivery is or becomes impossible, the legal provisions apply.

f.) Partial deliveries are permitted, with the additional shipping costs caused by us being borne by us.

3. Payment

a.) You can pay in our shop as follows:

credit card
During the ordering process, the buyer provides his credit card details. The card will be charged immediately after the order is placed.

PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), the buyer must be registered with PayPal, authenticate himself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. The buyer receives further information during the ordering process.

c.) The buyer agrees that we exclusively electronic invoices can issue, which will be sent to the email address that you provided.

4. Self-delivery reservation

The seller is entitled to withdraw from the contract if, despite the previous conclusion of a corresponding purchase contract on his part, in compliance with commercial care, he does not receive the delivery item through no fault of his own. The seller will immediately inform the buyer that the delivery item is not available in time and, if he therefore wishes to withdraw, immediately exercise the right of withdrawal. As a result of the information provided by the seller, the buyer is also entitled to a right of withdrawal. In the event of withdrawal, the seller will immediately refund the payment to the buyer — regardless of who.

5. Payment terms and reservation of subsequent performance

The seller is entitled to demand advance payments of 50 percent of the value of the services provided by the buyer. The remaining payment is due upon delivery of the goods, unless the law provides for an earlier due date.

Without further explanations from the seller, the buyer is in default 14 days after receipt of a corresponding proper payment request for the advance payments and 14 days after the final invoice.

In the event of the existence of defects, the buyer is entitled to a right of retention exclusively in reasonable proportion to the defects and the expected costs of rectifying the defect, in particular the removal of the defect.

6. Comprehensive retention of title

(1) The delivery item remains the property of the seller until all claims against the buyer arising from the business relationship have been satisfied.

(2) The buyer is not permitted to process or transform the delivery item (“processing”).

(3) In the event of sale of the delivery item or the new goods, the buyer hereby assigns his claims against his customer with all ancillary rights to the accepting seller as security, without the need for any further special explanations. The assignment includes any balance claims. However, the assignment is only valid in the amount that corresponds to the price of the delivery item invoiced by the seller. The share of receivables assigned to the buyer must be satisfied as a matter of priority.

(4) Until further notice, the buyer is authorized to collect the claims assigned to the seller. The buyer will immediately forward payments made on the assigned claims up to the amount of the secured claim to the seller. If there are legitimate interests, in particular in the event of late payment, suspension of payments, opening insolvency proceedings, exchange protest or justified evidence of over-indebtedness or impending insolvency on the part of the buyer, the seller is entitled to revoke the buyer's right to collect. In addition, after prior threat, the seller may disclose the security assignment, exploit the assigned claims and demand that the buyer disclose the security assignment to the buyers.

(6) If a legitimate interest is established, the buyer must provide the seller with the information necessary to assert his rights against the buyers and hand over the necessary documents.

(7) While the retention of title exists, the buyer is prohibited from pledging or transferring as security. In the event of seizure, seizure or other dispositions or interventions by third parties, the buyer must immediately notify the seller. Resale of the delivery item or the new goods is only permitted to resellers in the ordinary course of business and only under the conditions that payment of the equivalent value of the delivery item is made to the buyer. The buyer must also agree with the buyer that the buyer will only acquire property with this payment.

(8) Insofar as the realizable value of all security interests to which the seller is entitled exceeds the amount of all secured claims by more than 10%, the seller will release a corresponding portion of the security rights at the buyer's request. It is presumed that the requirements of the previous sentence have been met if the estimated value of the securities to which the seller is entitled reaches or exceeds 150% of the value of the secured claims. The contractor is entitled to choose between various security rights when releasing them.

(9) In the event of breaches of duty by the buyer, in particular in the event of default in payment, the seller is entitled, even without setting a deadline, to demand the surrender of the delivery item or the new goods and/or — if necessary after setting a deadline — to withdraw from the contract; the buyer is obliged to surrender. The seller's request for surrender of the delivery/new goods does not constitute a declaration of withdrawal, unless this is expressly stated.

7. Exclusion of minor defects

Claims for defects do not exist if there is only an insignificant deviation from the agreed quality or if the usability is only insignificant.

8. Notification obligations under Section 377 HGB for sales contracts

The client will check immediately upon receipt of products whether they correspond to the quantity and type ordered and whether there are externally recognizable transport damage or externally identifiable defects. Section 377 of the German Commercial Code applies.

9. Exclusion of new service with number of repair attempts

As part of subsequent performance, the seller is in no way obliged to deliver or manufacture a new product. In any case, the seller has the right to choose between removal of the defect and new delivery [new service]. The buyer's request for subsequent performance must be made in writing. The seller has a period of at least 14 (days/weeks) to concede. Is the _____ (Delivery/service), the repair fails only after the second attempt at rectification has been unsuccessful. If the subsequent performance fails, the buyer has the right to reduce or — unless a construction work is the subject of liability for defects — to withdraw from the contract at his discretion. The legal cases where the time limit is not required remain unaffected. The application of Section 445a, 445b, 478 BGB (Seller's right of recourse) remains unaffected. The buyer's right to claim compensation in accordance with the statutory provisions also remains unaffected.

10. Costs of unjustified notification of defects

Notwithstanding any further claims made by the seller, in the event of an unjustified complaint, the buyer must reimburse the seller for the expenses of inspecting and — if required — remedying the defect

11. Disclaimer (without delay/impossibility)

(1) The seller is liable in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent and in the event of culpably caused injury to life, body or health in accordance with legal provisions. In cases of gross negligence, however, the seller's liability is limited to foreseeable damage typical of the contract, unless there is another of the exceptional cases listed in page 1 or page 3 of this paragraph (1) at the same time. Otherwise, the seller is only liable after Product Liability Act, due to the culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely) or insofar as the seller fraudulently concealed the defect or has assumed a guarantee for the quality of the delivery item. However, the claim for compensation for the breach of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless there is another of the exceptional cases listed in p. 1 or p. 3 of this paragraph (1) at the same time.

(2) The provisions of paragraph (1) above apply to all claims for damages (in particular for compensation in addition to performance and compensation instead of performance), irrespective of the legal basis, in particular due to defects, the breach of obligations arising from the obligation or from tort. They also apply to the claim for reimbursement of futile expenses.

(3) The above regulations do not entail a change in the burden of proof to the detriment of the client.

12. Limitation of liability due to delay in delivery

The seller is liable in the event of delay in cases of intent or gross negligence on the part of the contractor, his representatives or vicarious agents as well as in the event of culpable injury to life, body or health in accordance with legal provisions. However, in the event of gross negligence, the contractor's liability is limited to foreseeable damage typical of the contract. Outside the cases set out in sentences 1 and 2, the contractor's liability for damage caused by delay is limited to a total of 5% and for damage instead of performance (including futile expenses) to a total of 5% of the value of the _____ (delivery/service). Further claims by the buyer are excluded — even after the expiry of a period for performance. This limitation of liability does not apply in the event of a breach of essential contractual obligations which make the execution of the contract possible in the first place. In these cases, liability is limited to foreseeable damage typical of the contract, unless there is a breach within the meaning of sentence 1. The buyer's right to withdraw remains unaffected and the burden of proof does not change to the buyer's detriment.

13. Limited liability in case of impossibility

The seller is liable if _____ is impossible (delivery/service) in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent as well as in the event of culpably caused injury to life, body or health in accordance with legal provisions. In cases of gross negligence, however, the seller's liability is limited to foreseeable damage typical of the contract, unless there is another of the exceptional cases listed in p. 1 at the same time. Outside the cases of page 1 and page 2, the seller's liability due to impossibility for compensation and for reimbursement of futile expenses amounts to a total of 5% of the value of _____ (Delivery/service) limited. Further claims by the buyer due to impossibility of delivery are excluded — even after expiry of any deadline set by the seller for performance. The limitation and exclusion do not apply in the event of culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely). However, the claim for compensation for the culpable breach of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless there is also another case under p. 1. The buyer's right to withdraw from the contract remains unaffected. The above regulations do not entail a change in the burden of proof to the detriment of the buyer.

14. Reductions of limitations for sales contracts for new items

(1) The limitation period for claims and rights due to deficiencies in _____ (Deliveries/services) — irrespective of the legal basis — is one year. However, this does not apply in cases of Section 438 (1) No. 1 BGB (legal defects in immovable property), Section 438 (1) No. 2 BGB (buildings, things for buildings) or Section 634a (1) No. 2 BGB (buildings or works whose success lies in providing planning or monitoring services for this purpose). The cases excluded in page 2 above are subject to a limitation period of three years. However, the provisions of this Section 14 as a whole do not apply to the limitation period of the seller's right of recourse under Section 445b (1) BGB in the event that the final buyer is a consumer.

(2) The limitation periods in accordance with paragraph 1 also apply to all claims for damages against the seller relating to the defect — regardless of the legal basis of the claim.

(3) However, the limitation periods under subsections 1 and subsections 2 apply subject to the following proviso:

The limitation periods generally do not apply in the event of intent or fraudulent concealment of a defect or insofar as the seller has assumed a guarantee for the quality of the delivery item. Statutory deadlines take their place.

The limitation periods also do not apply to claims for damages in the event of a grossly negligent breach of duty, in the event of a culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), in cases of culpably caused injury to life, body or health, or in the case of claims under Product Liability Act. Statutory deadlines take their place.

The limitation periods for claims for damages also apply to reimbursement of futile expenses. Statutory deadlines take their place.

(4) The limitation period for all claims begins upon delivery.

(5) Unless otherwise expressly stated, the statutory provisions relating to the start of the limitation period, the suspension and the new start of time limits remain unaffected.

(6) The above regulations apply mutatis mutandis to claims for damages that are not related to a defect; paragraph 1 p. 1 applies to the limitation period.

(7) The above regulations do not entail a change in the burden of proof to the detriment of the buyer.

15. Storage fee at usual rates/after additional expenses

If the buyer's delay in acceptance results in a delay in delivery, the buyer must give the seller the amount of _____ [the freight forwarding company] to reimburse usual storage costs. However, the seller is also entitled to store the item with a shipping company and to charge the buyer for the actual expenses incurred as a result. Without further proof, an additional expense of 1.0% of the purchase price per month started can be claimed. The buyer reserves the right to prove that the seller has suffered no or minor damage.

16. Prohibition of assignment

Claims arising from this contract may be made by the buyer (Contractual partner of the user) only with the consent of the seller (user) relinquish.

17. Use of this website

The user agrees to use the website exclusively for lawful purposes and in accordance with these terms and conditions. It is prohibited to use the website in a way that impairs, overloads or damages its functionality. The user may not upload, post, or transmit content that is unlawful, threatening, harassing, defamatory, or otherwise offensive. All rights to the content of the website, including texts, graphics, logos and software, remain our property or that of our licensors. The user agrees that we use cookies and similar technologies to improve the functionality of the website and optimize the user experience. We reserve the right to change, suspend or discontinue access to the website at any time and without notice. The user is responsible for keeping their login details confidential and is liable for all activities that take place under their account. By using our website, the user agrees to these terms and conditions. We reserve the right to take legal action in the event of violations of these terms of use.

18. place of jurisdiction

For all disputes arising from the contractual relationship, [if the buyer (Contractual partner of the user) is a merchant, a legal entity under public law or a special fund under public law,] to file an action with the court responsible for the seat of _____ (user) is responsible. The _____ (user) is also entitled to sue at the client's headquarters