General Terms and Conditions with Customer Information - B2B Online Shop

Table of contents

Scope

Conclusion of contract

Prices and payment terms

Delivery and shipping conditions

Force majeure

Delay in performance at the customer's request

Retention of title

Liability for defects / warranty

Liability

Limitation period

Retention, assignment

Special conditions for the processing of goods according to specific customer specifications

Applicable law, place of jurisdiction

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Sebastian Schneider, trading under "Schneider Solutions" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between an entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These General Terms and Conditions shall also apply exclusively if the Seller carries out the delivery to the Customer without special reservation in the knowledge of conditions of the Customer that conflict with or deviate from these General Terms and Conditions.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions presented in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email or telephone.

2.3 The Seller may accept the Customer’s offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

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

by requesting payment from the customer after placing his order, or

if payment by direct debit is offered and the customer chooses this payment method by debiting the total price from the customer's bank account, whereby the time at which the customer's account is debited is decisive.

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

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full . If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller will not make the contract text available beyond this time. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the order process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

2.9 If the parties have agreed on special conditions, these shall generally not apply to concurrent and future contractual relationships with the customer.

2.10 If the Customer is financially unable to fulfill its obligations to the Seller, the Seller may terminate existing exchange contracts with the Customer without notice by withdrawing from the contract. This also applies if the Customer files for insolvency. Section 321 of the German Civil Code (BGB) and Section 112 of the German Insolvency Code (InsO) remain unaffected. The Customer will notify the Seller in writing in a timely manner of any impending insolvency.

3) Prices and payment terms

3.1 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de .

3.2 Unless otherwise stated in the Seller's product description, the prices quoted are net prices, subject to statutory value-added tax. Packaging and shipping costs, loading, insurance (especially transport insurance), customs duties, and taxes will be charged separately if applicable.

3.3 The Customer has various payment options available, which are specified in the Seller’s online shop.

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

3.5 A payment is deemed received as soon as the equivalent amount has been credited to one of the Seller's accounts. In the event of late payment, the Seller is entitled to default interest at a rate of 10 percentage points above the applicable base interest rate. The Seller's other statutory rights in the event of late payment by the Customer remain unaffected. If any claims are overdue, incoming payments will first be credited against any costs and interest, and then against the oldest claim.

3.6 Should unforeseeable cost increases occur (e.g., currency fluctuations, unexpected price increases by suppliers, etc.), the Seller shall be entitled to pass the price increase on to the Customer. However, this only applies if delivery is agreed to take place later than four months after the conclusion of the contract.

4) Delivery and shipping conditions

4.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the Seller's order processing is decisive for the processing of the transaction.

4.2 For goods delivered by freight forwarding, delivery shall be made "free curbside", i.e. to the nearest public curb to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

4.3 The Seller is entitled to make partial deliveries, provided this is reasonable for the Customer. In the case of permissible partial deliveries, the Seller is also entitled to issue partial invoices.

4.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

4.5 The risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. This also applies if the seller bears the transport costs. Transport insurance is only provided upon special request and at the customer's expense.

4.6 If delivery is not possible for reasons for which the customer is responsible, e.g., because the goods do not fit through the customer's front door, front door, or staircase, or because the customer cannot be found at the delivery address provided by them despite the customer being notified of the delivery date with reasonable notice, the customer shall bear the costs for the unsuccessful delivery and shall be obligated to pay a flat-rate compensation for delay. This shall amount to 1% for each full week of delay, up to a maximum of 8% of the value of the total delivery or the portion of the total delivery not accepted. The parties remain free to prove higher or lower damages.

4.7 In the event that the shipment of the goods to the customer is delayed for reasons for which the customer is responsible, the transfer of risk shall occur upon notification of readiness for shipment to the customer. Any storage costs incurred after the transfer of risk shall be borne by the customer.

4.8 Self-collection is not possible for logistical reasons.

5) Force majeure

In the event of force majeure events that affect the fulfillment of the contract, the seller is entitled to postpone delivery for the duration of the disruption and, in the event of longer delays, to withdraw from the contract in whole or in part, without giving rise to any claims against the seller. Force majeure is defined as all events unforeseeable by the seller or those that – even if foreseeable – are beyond the seller's control and whose impact on the fulfillment of the contract cannot be prevented by reasonable efforts on the part of the seller. Any statutory claims of the customer remain unaffected.

6) Delay of performance at the customer’s request

If shipment or delivery of the goods is delayed at the customer's request for more than one month after notification of readiness for shipment, the customer may be charged storage fees of 0.5% of the purchase price for each additional month or part thereof, up to a maximum of 5% of the purchase price. The contracting parties remain free to provide evidence of higher or lower damages.

7) Retention of title

7.1 The Seller retains title to the delivered goods until full payment of the purchase price owed. Furthermore, the Seller retains title to the delivered goods until all claims arising from the business relationship with the Customer have been fulfilled.

7.2 In the event of processing of the delivered goods, the Seller shall be deemed the manufacturer and shall acquire ownership of the newly created goods. If the processing takes place together with other materials, the Seller shall acquire ownership in the ratio of the invoice value of its goods to that of the other materials. If, in the event of the Seller's goods being combined or mixed with an item belonging to the Customer, the latter is deemed to be the main item, co-ownership of the item shall pass to the Seller in the ratio of the invoice value of the Seller's goods to the invoice value, or in the absence of such, to the market value of the main item. In these cases, the Customer shall be deemed the custodian.

7.3 The customer may neither pledge nor assign as security items subject to retention of title or retention of title. The customer is only permitted to resell the goods as a reseller in the ordinary course of business, provided that the customer has effectively assigned to the seller the customer's claims against its customers in connection with the resale and that the customer transfers ownership to its customer subject to payment. By concluding the contract, the customer assigns its claims against its customers in connection with such sales to the seller as security, who simultaneously accepts this assignment.

7.4 The Customer must immediately notify the Seller of any access to the goods owned or co-owned by the Seller or to the assigned claims. The Customer must immediately remit to the Seller any amounts assigned to the Seller and collected by the Customer, to the extent the Seller's claim is due.

7.5 If the value of the Seller’s security interests exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding portion of the security interests at the Customer’s request.

8) Liability for defects / warranty

If the purchased item is defective, the statutory liability for defects applies. The following applies:

8.1 Claims for defects do not arise in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, or due to special external influences not assumed under the contract. If the customer or third parties perform improper modifications or repairs, these and the resulting consequences are also not covered by any claims for defects, unless the customer can prove that the fault complained of was not caused by these modifications or repairs.

8.2 For new goods, the limitation period for warranty claims is one year from delivery of the goods. Warranty claims are excluded for used goods.

8.3 The limitations of liability and reductions of limitation periods set out above shall not apply

for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,

for claims for damages and reimbursement of expenses by the customer,

in the event that the seller has fraudulently concealed the defect, as well as

for the right of recourse under Section 445a of the German Civil Code (BGB).

8.4 In the event of subsequent performance, the Seller shall have the right to choose between repair or replacement.

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

8.6 If subsequent performance is provided by way of replacement delivery, the customer is obligated to return the initially delivered goods to the seller within 30 days. The return package must contain the reason for the return, the customer's name, and the number assigned to the purchase of the defective goods, which enables the seller to identify the returned goods. As long as and to the extent that the return cannot be identified for reasons for which the customer is responsible, the seller is not obligated to accept returned goods or to refund the purchase price. The customer shall bear the costs of reshipment.

8.7 If the Seller delivers a defect-free item for the purpose of subsequent performance, the Seller may claim compensation for use from the Customer in accordance with Section 346 (1) of the German Civil Code (BGB). Other statutory claims remain unaffected.

8.8 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

9) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

9.1 The Seller shall be liable without limitation for any legal reason

in case of intent or gross negligence,

in the event of intentional or negligent injury to life, body or health,

based on a guarantee promise, unless otherwise agreed,

due to mandatory liability such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

9.3 Otherwise, the Seller’s liability is excluded.

9.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10) Limitation period

Claims of the customer against the seller - with the exception of the claims regulated under the section "Liability for defects / Warranty" - shall expire one year from the date of knowledge of the facts giving rise to the claim, but no later than five years after the service has been provided, unless unlimited liability applies in accordance with the above paragraph.

11) Retention, assignment

11.1 The customer’s rights of retention and refusal to perform are excluded unless the seller does not contest the underlying counterclaims or these have been legally established.

11.2 Any assignment of claims arising from the contract concluded with the customer by the customer, in particular any assignment of any claims for defects by the customer, is excluded.

12) Special conditions for the processing of goods according to specific customer specifications

12.1 If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific specifications of the customer, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They shall ensure, in particular, that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

12.2 The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.

12.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or is morally reprehensible. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, abusive, harmful to minors, and/or glorifies violence.

13) Applicable law, place of jurisdiction

13.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

13.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the customer is based outside the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is entitled in any case to bring proceedings before the court at the Customer's registered office.

Status: 29.03.2025, 15:59:42

General Terms and Conditions with Customer Information - Services

Table of contents

Scope

Conclusion of contract

Right of withdrawal

Prices and payment terms

Liability for defects

Liability

Applicable law

Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Sebastian Schneider, trading under "Schneider Solutions" (hereinafter "Provider"), apply to all contracts for the provision of services concluded between a consumer or entrepreneur (hereinafter "Customer") and the Provider regarding the services presented by the Provider on its website. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The service descriptions on the provider’s website do not constitute binding offers on the part of the provider, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the provider's website. After placing the selected services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the services contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The provider may accept the customer’s offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

by starting to perform the service at the customer’s request and notifying the customer of this, or

by requesting payment from the customer after placing his order.

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

2.4 When submitting an offer via the Provider's online order form, the contract text will be saved by the Provider after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been submitted. The Provider will not make the contract text available beyond this time. If the Customer has created a user account on the Provider's website before submitting their order, the order data will be archived on the Provider's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.5 Before submitting a binding order via the provider's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.6 The German language is available for the conclusion of the contract.

2.7 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the provider can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the provider or third parties commissioned by the provider to process the order can be delivered.

3) Right of withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the provider's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the provider’s service description, the prices quoted are total prices that include statutory value added tax.

4.2 The payment option(s) and payment terms will be communicated to the Customer on the Provider’s website.

5) Liability for defects

The provider is liable for defects in the service provided in accordance with the statutory liability for defects.

6) Liability

The provider is liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

6.1 The provider is liable without limitation for any legal reason

in case of intent or gross negligence,

in the event of intentional or negligent injury to life, body or health,

based on a guarantee promise, unless otherwise agreed,

due to mandatory liability such as under the Product Liability Act.

6.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages, unless unlimited liability applies according to the above clause. Material contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

6.3 Otherwise, the provider’s liability is excluded.

6.4 The above liability provisions also apply with regard to the liability of the provider for its vicarious agents and legal representatives.

7) Applicable law

7.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

7.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

8) Alternative dispute resolution

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

Status: 29.03.2025, 15:58:01