General Terms and Conditions with Customer Information

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Jurisdiction
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Parmel GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods displayed by the Seller in its online shop. 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 GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by 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 in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer by email or via the online contact form to the Seller.

2.3 The Seller can 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 email), 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 the Customer has placed the order.

If several of the above alternatives occur, the contract is concluded at the time when the first of the above alternatives occurs. The acceptance period begins the day after the Customer sends the offer and ends with the expiration of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the above period, this is considered a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.

2.4 If the Customer chooses a payment method offered by PayPal, the payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal user agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—under the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal selectable during the online ordering process, the Seller hereby accepts the Customer's offer at the moment the Customer clicks the button that completes the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer after submitting their order in text form (e.g., email, fax, or letter). No further provision of the contract text by the Seller takes place. If the Customer has set up a user account in the Seller's online shop before submitting the order, the order data are archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

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

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication usually take place by 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, the Customer must ensure when using spam filters that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not residents of a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) available to the Customer will be communicated in the Seller’s online shop.

4.4 If prepayment 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.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For processing the transaction, the delivery address provided in the Seller’s order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending if the Customer effectively exercises their right of withdrawal. For return shipping costs in case of effective exercise of the right of withdrawal by the Customer, the regulation in the Seller’s withdrawal instructions applies.

5.3 If the Customer acts as an entrepreneur, 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 carrier, freight forwarder, or other person or institution designated to perform the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to perform the shipment, if the Customer has commissioned the carrier, freight forwarder, or other person or institution with the execution of the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This only applies if the non-delivery is not the Seller's fault and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In case of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Due to logistical reasons, self-collection is not possible.

6) Retention of Title

If the Seller provides performance in advance, they retain ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following regulations, the provisions of the statutory liability for defects apply. Deviating from this, for contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• the limitation period for defect claims for new goods is one year from delivery of the goods;
• claims for defects are excluded for used goods;
• the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following limitation applies for contracts for the delivery of used goods: the limitation period for defect claims is one year from delivery of the goods, provided this has been expressly and separately agreed contractually between the parties and the Customer was expressly informed about the shortening of the limitation period before making their contractual declaration.

7.3 The above liability restrictions and limitation periods do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used in accordance with their usual manner of use for a building and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty of examination and notification according to § 377 HGB. If the Customer omits the notification obligations regulated there, the goods are deemed approved.

7.6 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the carrier and to inform the Seller thereof. Failure to do so shall have no effect on the Customer’s statutory or contractual defect claims.

8) 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:

8.1 The Seller is fully liable regardless of the legal basis

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• based on a guarantee promise, unless otherwise regulated in this respect,
• based on mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage unless unlimited liability applies according to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller to achieve the contract’s purpose, the fulfillment of which enables the proper execution of the contract in the first place and on which the Customer regularly relies.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability regulations also apply with regard to the liability of the Seller for their vicarious agents and legal representatives.

9) Applicable Law

9.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of contract conclusion, are not residents of a member state of the European Union and whose sole residence and delivery address at the time of contract conclusion are outside the European Union.

10) Jurisdiction

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 territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the Customer’s professional or commercial activity. However, the Seller is entitled in the above cases to also bring an action before the court at the Customer’s place of business.

11) Alternative Dispute Resolution

The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board but is willing to do so.