Terms and Conditions

1. Scope of these Terms and Conditions

(1) All offers and sales contracts made on the basis of orders by our customers (each, a
„Customer“) through any online shop (the „Online Shop“) shall be governed by these general
terms and conditions of sale (the „General Terms and Conditions“).

(2) The product offerings in the Online Shop are directed to both Consumers and Business
Customers (as defined below), but in each case only to end users. For the purpose of these
General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract
for a purpose not related to his or her business, trade or self-employed professional activity
(Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company
or partnership vested with legal capacity who enters into the relevant contract in the conduct
of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil

(3) Standard business conditions of the Customer do not apply, regardless of whether or not
we expressly object to them in a particular case.

2. Conclusion of Contract

(1) Our offerings in the Online Shop are non-binding.

(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase
the relevant product. The offer will remain open for acceptance by us for a period ending at
the end of the (third) business day following the day of the offer.

(3) Without undue delay upon receipt of the order, the Customer will receive by email a
confirmation of receipt, which shall not constitute an acceptance of the order. The order shall
be deemed to be accepted by us upon subsequent (email) acceptance of the order. The
sales contract with the Customer shall not become effective until our acceptance.

3. Prices and Payment

(1) Our prices include statutory VAT. Any customs duties and similar public charges shall be
borne by the Customer.

(2) The Customer shall have no right of set-off or retention, except to the extent that the
counterclaim has not been disputed by us or been determined by a final and binding

4. Warranty

(1) In the event of a defect of the product, the Customer shall be entitled to request from us
to repair the defect or to supply another product (as ordered) which is free from defects.
Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the
right to choose between any such remedies at our discretion, provided that such choice shall
be made by us by written notice (in „text form“, including by telefax or by e-mail) within a
period of three business days following receipt of the Customer’s notice of the defect.

(2) If remediation pursuant to subsection 1 fails or cannot reasonably be expected from the
Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the
sales contract, reduce the purchase price or claim damages or frustrated expenses, in each
case in accordance with applicable law; provided, however, that damage claims of the
Customer shall be subject to the provisions contained in Section 7 of these General Terms
and Conditions.

(3) The warranty period shall be two years upon handing over of the Product.

5. Liability

(1) Our liability for late provision shall, except in cases of wilful misconduct or gross
negligence, be limited to an amount equal to 100% of the aggregate purchase price
(including VAT).

(2) We shall not be liable (on whatever legal grounds) for damages which may not
reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability
shall be excluded for damages resulting out of a loss of data to the extent that data recovery
is not possible or impeded due to a failure to perform appropriate data back-up procedures.
The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross

(3) The provisions of this Section shall not apply with respect to our liability for guaranteed
product specifications (within the meaning of Sec. 444 of the German Civil Code), personal
injury or under the German Product Liability Act.

6. Applicable Law and Competent Courts


(1) Any contracts entered into between us and the Customer shall be governed by the laws
of the Federal Republic of Germany under exclusion of the UN Convention on the
International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws
provisions. If the Customer is a Consumer and has his or her habitual residence in another
country, the Customer shall, however, continue to have the protection afforded to him by
provisions that cannot be derogated from by agreement by virtue of the law applicable in the
state of the Customer’s habitual residence.

(2) If the Customer is a corporation, limited liability company or commercial partnership or
otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the
German Commercial Code) or is a legal entity or special fund organized under public law, the
courts in Germany shall have exclusive jurisdiction in respect of all disputes arising out of or
in connection with the relevant contract. In all other cases, we or the Customer may file suit
before any court of competent jurisdiction under applicable law.