Table of Contents

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

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1. Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of DIMAX International Poland Sp. z o.o. (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby contradicted 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 predominantly cannot be attributed to their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

2. Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not represent binding offers from 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 going through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button concluding the order process. The Customer can also submit the offer to the Seller by telephone, e-mail, or postal mail.

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 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 the Customer to pay after placing their order.

If several of the aforementioned alternatives exist, the contract comes into existence at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered 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, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal in the online order process, the Seller declares the acceptance of the Customer's offer at the time when the Customer clicks the button concluding the order process.

2.5 If the payment method "Amazon Payments" is selected, the payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method in the online order process, they also issue a payment order to Amazon by clicking the button concluding the order process. In this case, the Seller already declares the acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button concluding the order process.

2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer after sending their order in text form (e.g., e-mail, fax, or letter). A further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer via their password-protected user account, specifying the corresponding login data.

2.7 Before bindingly submitting the 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 recognition of input errors can be the browser's enlargement function, with the help of which the display on the screen is enlarged. The Customer can correct their entries using the usual keyboard and mouse functions as long as they do not click the button concluding the order process.

2.8 

If the payment method "Netopia Payments" is selected, the payment processing is carried out via the payment service provider Netopia Payments. This service enables the Customer to pay with credit cards. The Customer's payment is processed directly through Netopia Payments, ensuring a secure and efficient transaction. Upon selecting this payment method and concluding the order process, the Seller declares the acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button concluding the order process.

2.9 The order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that the use of SPAM filters does not prevent all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order from being delivered.

2.10 For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST). This company also handles customs clearance, invoicing, and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. To ensure smooth delivery to Switzerland, we inform you that MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also involved in the supply chain for transparency reasons. This does not incur any additional costs for the buyer.

3. Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.

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

4. Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and must be borne by the Customer. These include, for example, costs for money transfer 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 connection with the transfer of money if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment options are communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after contract conclusion, provided the parties have not agreed on a later due date.

4.5 If a payment method offered via the "PayPal" payment service is selected, the payment processing is carried out via PayPal, whereby PayPal may use the services of third-party payment service providers. If the Seller offers payment methods via PayPal where the Seller advances payment to the Customer (e.g., purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the third-party payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the assignment declaration of the Seller, PayPal or the third-party payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in case of a negative result of the credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals. In this case, payment can only be made to PayPal or the third-party payment service provider commissioned by PayPal with a debt-discharging effect. The Seller remains responsible for general customer inquiries, such as regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credits, even in the event of a claim assignment.

4.6 If the payment method "SOFORT" is selected, the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the Customer must have an online banking account activated for participation in "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is carried out immediately afterward by "SOFORT," and the Customer's bank account is debited. More detailed information about the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.

5. Delivery and Shipping Conditions

 Conditions**

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. However, 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 the delivery of the goods fails for reasons that the Customer is responsible for, the Customer bears the reasonable costs incurred by the Seller. This does not apply regarding the costs of sending the goods if the Customer effectively exercises their right of withdrawal. For the return costs, the provisions in the Seller's withdrawal policy apply if the Customer exercises their right of withdrawal effectively.

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 item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the Customer until the goods are handed over to the Customer or a person authorized to receive them. However, if the Customer independently commissions the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment without the Seller having named this person or institution to the Customer beforehand, the risk passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of the non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

6. Retention of Title

6.1 With respect to consumers, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 With respect to entrepreneurs, the Seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. All claims arising from this resale are assigned to the Seller by the Customer in advance in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.

7. Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to 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;

- for new goods, the limitation period for defects is one year from the transfer of risk;

- rights and claims for defects in used goods are excluded;

- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for defect claims is one year from the transfer of risk if this has been expressly and separately agreed between the parties and the Customer has been specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The above-mentioned limitations of liability and shortening of time limits do not apply

- to claims for damages and reimbursement of expenses by the Customer,

- in the event that the Seller has fraudulently concealed the defect,

- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,

- for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any 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 inspection and notification obligation pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.

7.6 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and inform the Seller accordingly. If the Customer does not comply, this has no effect on their legal or contractual claims for defects.

8. Liability

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

8.1 The Seller is liable for any legal reason without limitation

- in case of intent or gross negligence,

- in case of intentional or negligent injury to life, body, or health,

- based on a guarantee promise, unless otherwise regulated in this respect,

- due to 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 foreseeable, typical damage, provided that liability is not unlimited pursuant to the preceding 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 the compliance of which the Customer regularly relies and may rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability regulations also apply concerning the liability of the Seller for its vicarious agents and legal representatives.

9. Applicable Law

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

9.2 Furthermore, this choice of law concerning the statutory right of withdrawal does not apply to consumers who, at the time of the contract conclusion, do not belong to any member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of the contract conclusion.

10. Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat 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's seat is 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 arising from the contract can be attributed to the professional or commercial activity of the Customer. The Seller is, however, in any case, entitled to call the court at the Customer's place of business.

11. Code of Conduct

The Seller has subjected itself to the guidelines for "Google Customer Reviews," which can be viewed on the Internet at https://support.google.com/merchants/topic/7105962.

The Seller has subjected itself to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

12. Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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*This adaptation reflects the specific details and contact information for DIMAX International Poland Sp. z o.o., Ul. Południowa 8, 05-830, Stara Wieś.*