General terms and conditions with customer information

1. scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "MAX Trader GmbH" (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the customer's own terms and conditions is contradicted unless otherwise agreed.

1.2 A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

2 Conclusion of contract

2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.

2.2 First, the customer places the selected goods in the shopping basket. In the next step, the order process begins, in which all necessary data for order processing is entered. At the end of the order process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket.

2.3 The seller accepts the customer's offer through the following possible alternatives:

• Sending a written order confirmation or an order confirmation in text form (fax or e-mail) or
• request for payment to the customer after placing the order or
• delivery of the ordered goods

The time of acceptance shall be determined by the first alternative that occurs.

The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end 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 shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.

2.4 If the payment method "Paypal Express" is selected, the payment is processed 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"). The PayPal user agreement applies here, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects the payment method "PayPal" or "PayPal Express" for the payment of his purchase, he submits his offer by clicking on the button concluding the order process. If the customer simultaneously places the payment order with PayPal by clicking this button, the seller declares acceptance of the customer's offer at the time the payment order is placed, in deviation from the above provisions.

2.5 The text of the contract concluded between the seller and the customer is stored by the seller. The text of the contract is stored on the seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions are sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided he has opened a customer account.

2.6 All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, the customer has buttons for corrections, which are labelled accordingly.

2.7 The contract language is German.

2.8 It is the customer's responsibility to provide a correct email address for contacting and processing the order and to set the filter functions so that emails relating to this order can be delivered.

3. prices and terms of payment

3.1 The prices shown are final prices including statutory VAT, unless otherwise agreed. If additional shipping costs are incurred, this can be found in the product description.

3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions. The customer is advised to enquire about the details with the respective institutions or authorities before placing the order.

3.3 The customer can select the payment methods available in the online shop.

3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

3.5 In the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

3.6 In the case of payment via "PayPal Direct Debit", the claim shall be collected by PayPal from the customer's bank account after a SEPA direct debit mandate has been issued and after the deadline for advance information on behalf of the seller has expired. A pre-notification is the seller's announcement to the customer that his account will be debited by SEPA direct debit and can take the form of an invoice or a contract, for example. If the direct debit cannot be honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if the customer is responsible for this. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by payment by direct debit.

3.7 In the case of payment on account via Unzer, payment is processed by Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg ("Unzer"). The purchase price is due after delivery of the goods and invoicing and must be paid to Unzer within 14 days of receipt of the invoice. The purchase on account requires a successful credit check by Unzer. If the customer is allowed to purchase on account after a credit check, the seller assigns his claim to Unzer, therefore payment can only be made to Unzer with debt-discharging effect. The remaining contractual relationship as well as rights and obligations towards the seller and the seller remain unaffected by this method of payment.

Purchase on account via Unzer is excluded,

• if the order value is less than 25.00 euros,
• if the delivery address specified by the customer is not identical to the billing address, if a packing station or P.O. Box is specified as the delivery address, or
• if the customer has not yet reached the age of 18.

The seller reserves the right to offer purchase on account via Unzer only up to a certain order volume following a corresponding notice in the online shop.

3.8 Instalment purchase by easyCredit

The following supplementary General Terms and Conditions (hereinafter referred to as "GTC") apply between you and the seller for all contracts concluded with the seller in which instalment purchase by easyCredit (hereinafter referred to as "instalment purchase") is used. In the event of a conflict, the supplementary GTC shall take precedence over any other general terms and conditions of the seller. An instalment purchase is only possible for customers who are consumers in accordance with § 13 BGB (German Civil Code) and have reached the age of 18.

Instalment purchase With the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter referred to as "TeamBank AG"), the seller provides you with the option of paying in instalments for your purchase, and the seller reserves the right to check your creditworthiness. For further details, please refer to the instalment purchase data protection notice in the order section.

If it is not possible to use the hire purchase option due to insufficient creditworthiness or because the seller's turnover limit has been reached, the seller reserves the right to offer you an alternative payment option. With hire purchase, you decide to pay the purchase price in monthly instalments over a fixed agreed term, whereby the final instalment may differ from the previous instalment amounts. Ownership of the goods remains reserved until full payment has been made. The receivables arising from the use of the instalment purchase are assigned by the seller to TeamBank AG within the framework of an ongoing factoring agreement. Payments can only be made to TeamBank AG with debt-discharging effect.

Payment in instalments by SEPA direct debit With the SEPA direct debit mandate issued with the instalment purchase, you authorise TeamBank AG to collect the payments to be made through the instalment purchase from your current account specified in the order process at the credit institution specified there by means of a SEPA direct debit. TeamBank AG will notify you of the collection by e-mail no later than one calendar day before the SEPA direct debit is due (pre-notification/advance notification). The direct debit will be collected at the earliest on the date specified in the pre-notification. A later, more timely collection can take place. If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. due to credit notes), the amount debited may differ from the amount stated in the pre-notification, and you must ensure that your current account has sufficient funds at the due date. Your bank is not obliged to honour the direct debit if there are insufficient funds in your current account. If a returned direct debit is made due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the cancellation of the current account, you will be in default even without a separate reminder, unless the returned direct debit results from a circumstance for which you are not responsible.

The fees charged by your TeamBank AG credit institution in the event of a returned direct debit will be passed on to you and must be paid by you. If you are in arrears, TeamBank AG is entitled to charge a reasonable reminder fee or default interest of five percentage points above the respective base rate of the European Central Bank for each reminder. Due to the high costs associated with a return debit note, we ask you not to object to the SEPA direct debit in the event of a cancellation of the purchase contract, a return or a complaint. In these cases, the payment will be reversed in agreement with the seller by transferring back the corresponding amount or by issuing a credit note.

4. delivery and dispatch conditions

4.1 Goods shall be delivered by dispatch to the delivery address specified by the customer. By way of derogation from this, in the case of payment by PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

4.2 Delivery by a forwarding agent shall be "free kerbside", i.e. to the public kerbside nearest to the delivery address. This only applies if nothing else is stated in the seller's shipping information and nothing else has been agreed.

4.3 If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given the customer reasonable advance notice of the service. Excluded from this provision are the costs of the return shipment if the customer has effectively exercised his right of cancellation. In this case, the statutory provision or the provision made by the seller shall apply.

4.4 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment if the customer is an entrepreneur. If the customer is a consumer, the transfer of risk only takes place when the goods are handed over to the customer or a person authorised to receive them. Notwithstanding this, the transfer of risk shall also take place for consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment, if the customer instructs the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment to carry out the shipment itself and the seller has not previously named this person or organisation to the customer.

4.5 The conclusion of the contract is subject to the reservation that in the event of improper, delayed or non-delivery by the Seller, the Seller shall not perform or shall perform only partially or correspondingly later. This shall only apply in the event that a congruent hedging transaction exists between the Seller and the Supplier, the Seller is not responsible for the improper, delayed or missing self-delivery and cannot be remedied by the Seller with reasonable effort. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately. Any payment made will be refunded immediately.

4.6 Self-collection is not offered.

5. right of cancellation

5.1 If the customer is a consumer, he is entitled to a right of cancellation.

5.2 The seller's cancellation policy applies to the right of cancellation.

6. reservation of title

6.1 In the case of contracts with consumers, the goods remain the property of the seller until full payment has been made.

6.2 In the case of contracts with entrepreneurs, the goods shall remain the property of the seller until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is authorised to resell the reserved goods in the ordinary course of business. The customer assigns to the seller in advance the claims against third parties arising from the resale in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer may also collect receivables after the assignment, but this shall not affect the seller's right to collect the receivables itself. However, the seller shall refrain from collecting the claims as long as the customer fulfils his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed against the customer.

7. liability for defects

With regard to the warranty, the provisions of statutory liability for defects shall apply, unless otherwise agreed.

7.1 If the customer is acting as an entrepreneur,

the seller has the choice of the type of subsequent fulfilment; in the case of used goods, the rights and claims due to defects are generally excluded; in the case of new goods, the limitation period for defects is one year from the transfer of risk; the limitation period shall not begin again if a replacement delivery has been made within the scope of liability for defects.

7.2 The statutory limitation periods for the right of recourse of an entrepreneur § 478 BGB remain unaffected. shall remain unaffected.

7.3 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial inspection and complaint obligations pursuant to § 377 HGB.

7.4 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods received with obvious transport damage and to inform the seller of this. It is expressly clarified that the customer's statutory or contractual claims for defects are not affected if the customer does not comply with this request.

8. liability

The Seller's liability for all contractual, quasi-contractual and statutory claims as well as claims in tort for damages and reimbursement of expenses shall be determined as follows:

8.1 The Seller shall only be liable without limitation for damages resulting from wilful or grossly negligent behaviour. In the event of injury to life, limb and health and the breach of material contractual obligations (cardinal obligations), the Seller shall also be liable in the event of slight negligence.

An essential contractual obligation is one whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.

As stipulated above, the seller shall also be liable on the basis of a guarantee promise, unless otherwise stipulated.

This also applies to indirect consequential damages such as in particular loss of profit and for mandatory liability such as under the Product Liability Act.

8.2 Liability is - except in the case of wilful or grossly negligent behaviour or damage resulting from injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations) - limited to the damage typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damage typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.

8.3 Any further liability of the seller is excluded.

8.4 The above liability provisions shall also apply mutatis mutandis in favour of the Seller's employees and vicarious agents.

9. applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

10. place of 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 shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity. Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer's place of business.

11. information on codes of conduct to which the seller has submitted

The seller has submitted to the code of conduct of Trusted Shops GmbH, the criteria of which are available on the Internet at http://www.trustedshops.com/tsdocument/TSQUALITYCRITERIA_de.pdf.

12. information on online dispute resolution

The platform for online dispute resolution of the EU Commission is available on the Internet at the following link: https://ec.europa.eu/odr

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.