GTC

General Terms and Conditions

1. general information, clientele

(1) All offers, purchase contracts, deliveries and services based on orders placed by our customers via our online store www.07eins.com(hereinafter referred to as the "Webshop") are subject to these General Terms and Conditions. The contractual partner for customers is:

07eins GmbH
Willenbach 12
84367 Reut
Germany

Managing Director: Simon Schoßböck

VAT ID: DE327918564
Commercial register: Landshut HRB 11971

Email: contact@07eins.com

(2) The products offered in our webshop are aimed equally at consumers and entrepreneurs, but only at end customers. For the purposes of these General Terms and Conditions, (i) a "consumer" is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 of the German Civil Code - BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 (1) BGB).
(3) The customer's terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.

2. conclusion of contract

(1) Our offers in the web stores are non-binding.
(2) By placing an order in the webshop (which requires prior registration and acceptance of these General Terms and Conditions), the customer makes a binding offer to purchase the relevant product (by clicking on the "Order with obligation to pay" button). The customer is bound to the offer for one week.
(3) After receipt of the offer, we will send the customer a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed to have been accepted by us as soon as we declare acceptance to the customer in text form or dispatch the goods. The confirmation of receipt of the offer and its acceptance can be combined.

3. prices and payment

(1) Our prices shown directly in the webshop include statutory VAT, but not shipping costs. Customs duties and similar charges shall be borne by the customer. The prices shown in the webshop at the time of the order shall apply.
(2) Payment by the customer shall be made either by bank transfer in advance to the account notified to the customer or against payment via the PayPal payment service (credit card, direct debit or bank transfer).
(3) If bank transfer in advance has been agreed, our invoices are due for payment within eight working days of receipt of the invoice by the customer.
(4) The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.

4. shipment of the goods

(1) We shall dispatch the goods immediately as soon as the purchase contract has been concluded and any payment to be made in advance has been received, provided the goods are in stock. Otherwise, the goods will be dispatched immediately as soon as they are available again, but at the latest within two weeks of conclusion of the contract.
(2) If the goods are not available for the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of withdrawal, we shall immediately reimburse the customer for any payments made to us. The statutory rights of the customer due to delay in delivery shall not be affected by the above provision, whereby the customer may only claim damages in accordance with the special provisions of Section 9 of these General Terms and Conditions.
(3) We are entitled to make partial deliveries of separately usable products included in an order, whereby we shall bear the additional shipping costs incurred as a result.

5 Shipping, insurance, transfer of risk and return shipment

(1) Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transportation company at our reasonable discretion.
(2) We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated in the webshop is therefore non-binding.
(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transportation company.
(4) We shall insure the goods against the usual transportation risks at our expense.
(5) If the customer is a consumer and makes use of his right of withdrawal, he must bear the direct costs of returning the goods.
(6) If the customer is a consumer and makes use of his right of withdrawal, he shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

6. reservation of title

(1) We reserve title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) The customer is not entitled to resell the goods delivered by us and subject to retention of title without our prior written consent. In the event of any resale, the customer hereby assigns to us the claims arising from the resale up to the amount of the purchase price to be paid to us plus a surcharge of 20%. We hereby authorize the customer to collect the claims thus assigned in the ordinary course of business, whereby we may revoke this authorization at any time in the event of default of payment by the customer.


7. warranty

(1) If the delivered goods have a material defect, the customer may first demand that we remedy the defect or deliver defect-free goods; if the customer is an entrepreneur, we may choose between remedying the defect or delivering a defect-free item. The choice can only be made by notifying the customer in text form (also by fax or e-mail). We may refuse the type of subsequent performance chosen by the customer if this is only possible at disproportionate cost.
(2) If the subsequent performance pursuant to Clause 7 (1) fails or is unreasonable for the customer or if we refuse subsequent performance, the customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to demand compensation for damages or reimbursement of his futile expenses. The special provisions of Clause 9 of these General Terms and Conditions shall also apply to the customer's claims for damages.
(3) The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months from delivery. In the case of the purchase of used goods, the warranty period for consumers is also only twelve months. In the case of the purchase of used goods, the warranty is excluded for entrepreneurs. The shortening of the warranty period compared to the statutory regulation does not apply if claims are based on compensation for physical injury and damage to health, gross negligence or if the law provides for longer mandatory warranty periods.
(4) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if a defect is not notified to us (i) in the case of obvious defects within five working days of delivery or otherwise (ii) within five working days of discovery of the defect.

8. industrial property rights and copyrights

(1) The ownership of rights (industrial property rights and copyrights) to the goods and the installation instructions as well as other documents relating to the delivered goods shall remain with us without restriction.
(2) Any unauthorized reproduction, any commercial resale and any other unauthorized use of our goods and/or the enclosed documents will be prosecuted.

9. liability

(1) We shall not be liable (regardless of the legal grounds) for damages that are not typically to be expected according to the nature of the respective order and the goods and under normal use of the goods. Our liability is also excluded for damages resulting from data loss if recovery is not possible or is made more difficult due to missing or insufficient data backup.
(2) The limitations in paragraph 1 do not apply to our liability for guaranteed characteristics within the meaning of § 444 BGB, for injury to life, limb or health or under the Product Liability Act, nor in the case of intent or gross negligence.
(3) If the customer culpably fails to observe the installation instructions supplied with the product in whole or in part, we shall not be liable for any damage arising directly or indirectly from such non-observance.

10. data protection

(1) We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and processing of the purchase contract and as long as we are obliged to store this data due to legal regulations.
(2) We are not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those specified in paragraph 1. With regard to the use of our website, please refer to the comprehensive data protection declaration available there.

11. consumer dispute resolution

(1) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

12 Applicable law, place of jurisdiction and severability clause

(1) The purchase contract existing between us and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law regulations and subject to mandatory consumer protection regulations of the country in which the customer is domiciled.

(2) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Eggenfelden (local court) or Landshut (regional court) shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court having jurisdiction on the basis of statutory provisions.
(3) Should individual provisions of these GTC be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remainder of the GTC.