Acceptance may be declared either in writing ( e.g., via order confirmation ) or by delivering the goods to the Buyer.

3. DELIVERY AND DELIVERY TIME

Our delivery is subject to correct and timely self-delivery by our suppliers.

For collection or series products, goods of the same type and quality are delivered to fulfill the purchase contract. Minor variations in structure and color are considered customary in the trade.

For subsequent deliveries, deviations in structure, design, and function are unavoidable. Brochures, drawings, and dimensions are approximate and non-binding. We are entitled to make partial deliveries. The delivery time is individually agreed upon or specified by us when accepting the order.

If the agreed delivery date is exceeded by more than four weeks, the Buyer has the right to set a grace period of at least four weeks.

If the order is still not fulfilled, the Buyer may withdraw from the purchase contract by written declaration. The aforementioned deadlines shall only be waived by explicit written agreement.

4. DELIVERY, SHIPPING, TRANSFER OF RISK, ACCEPTANCE, DEFAULT OF ACCEPTANCE

Delivery is made ex-warehouse, which is also the place of performance for delivery and any subsequent performance. At the Buyer’s request, the goods can be shipped to a different destination ( sale by dispatch ). Shipping within Germany is free of shipping and packaging costs for orders exceeding a net value of €500. Below this amount, shipping and packaging costs of €12.90 will be charged. Shipping outside Germany will be charged based on actual costs. Unless otherwise agreed, we are entitled to determine the type of shipment ( in particular, the transport company, shipping method, and packaging ).

If the delivered item is defective, we may choose whether to provide subsequent performance by remedying the defect ( repair ) or by delivering a defect-free item ( replacement ). If the chosen method of subsequent performance is unreasonable for the Buyer in an individual case, they may reject it. Our right to refuse subsequent performance under statutory conditions remains unaffected.

A return of delivered goods is generally excluded unless the goods were incorrectly delivered or not ordered. A defect notification does not entitle the Buyer to withhold due payments or refuse acceptance of further deliveries.

The Buyer must provide us with the necessary time and opportunity to fulfill the required subsequent performance, particularly by handing over the defective goods for inspection. In the case of a replacement delivery, the Buyer must return the defective item to us upon request in accordance with statutory provisions; however, the Buyer does not have an independent right to return.

We will bear or reimburse the costs required for inspection and subsequent performance — especially transport, travel, labor, and material costs — according to statutory regulations and these GTC if a defect is actually present. Otherwise, if the Buyer’s defect complaint is unjustified and they knew or should have known that no defect existed, we may demand reimbursement of the costs incurred.

We are liable for damages, regardless of the legal basis, only in the following cases:

· In cases of intent,

· In cases of gross negligence ( liability for gross negligence is limited to the typical, foreseeable damage ),

· Under a warranty for injury to life, body, or health,

· Under liability in accordance with the Product Liability Act,

· In the event of culpable violation of a material contractual obligation.

Contractual and non-contractual claims for damages by the Buyer arising from our slightly negligent breach of duty are excluded. This does not apply if an obligation essential for achieving the contractual purpose has been breached; however, in such cases, our liability is limited to the typical, foreseeable damage. The above limitations do not apply to damages resulting from injury to life, body, or health. Mandatory statutory liability provisions remain unaffected.

The liability limitations outlined above also apply to third parties as well as in the event of breaches of duty by persons ( including those benefiting from them ) for whom we are legally responsible.

They do not apply if a defect has been fraudulently concealed, if a warranty for the quality of the goods has been assumed, or for claims by the Buyer under the Product Liability Act.

Until revoked in accordance with section ( c ) below, the Buyer is authorized to resell and/or process the retained goods in the ordinary course of business. In this case, the following additional provisions apply:

( a ) The retention of title extends to the products resulting from the processing, mixing, or combination of our goods at their full value, whereby we are considered the manufacturer. If third-party ownership rights remain after processing, mixing, or combining with their goods, we acquire co-ownership in proportion to the invoice values of the processed, mixed, or combined goods. The same provisions apply to the resulting products as to the retained goods.

( b ) The Buyer hereby assigns to us all claims against third parties arising from the resale of the goods or products, either in full or in the amount of

our co-ownership share as defined above, as security. We accept the assignment.

( c ) The Buyer remains authorized to collect the assigned claims alongside us. We undertake not to collect the claim as long as the Buyer meets their payment obligations to us and there is no impairment of their financial capacity. However, if this is the case, we may demand that the Buyer disclose the assigned claims and their debtors, provide all necessary information for collection, hand over relevant documents, and inform the debtors ( third parties ) of the assignment. Additionally, in this case, we are entitled to revoke the Buyer’s authority to resell and process the retained goods.

( d ) If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the Buyer’s request.

( e ) We are entitled to assign claims from our business terms and conditions.

7. RESTRICTIONS ON DISTRIBUTION RIGHTS

The Buyer shall distribute our products only to resellers who possess the necessary knowledge, facilities, and service capabilities. Transactions with customers who provide interfaces to open online marketplaces are excluded from the distribution rights. The Buyer is not permitted to involve a third party that merely redirects our products to other e-commerce platforms.

· was demonstrably known to the Buyer through written records, documentation, or other evidence at the time it was provided by us, without such knowledge resulting from a breach of confidentiality obligations;

· became publicly available without any involvement of the Buyer;

· was provided to the Buyer without any confidentiality obligation by a third party who did not obtain it directly or indirectly from us.

We retain all rights to the Know-How. This confidentiality obligation remains in effect even after the contractual obligations between the Buyer and us have been fulfilled. The Buyer undertakes to protect our business activities and agrees that compensation for damages would not adequately remedy a breach of this confidentiality obligation. Furthermore, the Buyer acknowledges that any actual or threatened breach of this confidentiality obligation would cause us irreparable harm. Consequently, we are entitled, in addition to any legal claims and remedies, to seek an injunction against any actual, threatened, or continuing breach of this confidentiality obligation if we can demonstrate that such a breach could cause harm, without being required to prove actual damages.