General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of 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. Special Conditions for the Processing of Goods According to Specific Customer Requirements
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of DS Safety Wear GmbH (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 something else is agreed.

1.2 These GTC also apply to contracts for the delivery of goods with digital elements, unless otherwise regulated. In this context, the seller is obliged, in addition to delivering the goods, to provide digital content or digital services (hereinafter referred to as "digital products") that are included in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.4 An entrepreneur in the sense of these General Terms and Conditions (GTC) is a natural or legal person or a partnership with legal capacity that acts in the exercise of its 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 from the seller, but serve to submit a binding offer by the customer.

2.2 The customer can place the order 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 can also submit the offer via email, fax, postal mail, or telephone 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 they have placed their order.

If multiple of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting 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 is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.

2.4 When ordering via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and is transmitted to the customer in text form (e.g., email, fax, or letter) after the submission of their order. No further accessibility of the contract text by the seller will occur. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge through their password-protected user account by providing the corresponding login details.

2.5 Before the 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.

2.6 For the conclusion of the contract, different languages are available. The specific language selection will be displayed in the online shop.

2.7 Order processing and contact usually take place via 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 that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered, especially when using SPAM filters.

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 information.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description of the seller, the prices stated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment options will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.4 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online shop.

5) Delivery and Shipping Conditions

5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2 If the 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 the goods if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions made in the seller's withdrawal information apply in the case of effective exercise of the right of withdrawal by the customer.

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 any other person or institution 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 only passes upon delivery of the goods to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out 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 the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller's fault and he has concluded a specific coverage transaction with the supplier with the required care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded promptly.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller performs in advance, he retains ownership of the delivered goods until full payment of the owed purchase price.

7) Liability for defects (Warranty)

Unless otherwise stated in the following provisions, the regulations of statutory 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 rights due to defects is one year from the delivery of the goods;
• for used goods, the rights for defects are excluded;
• the limitation period does not restart if a replacement delivery occurs within the framework of liability for defects.

7.2 The liability limitations and time reductions regulated above do not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used in accordance with their usual purpose for a building and have caused its defects,
• for any existing obligation of the seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

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

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.

7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and inform the seller. If the customer fails to do so, it has no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal reason.

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

8.2 If the seller negligently violates a significant contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated according to the preceding clause. Significant contractual obligations are those obligations imposed on the seller by the contract to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on which the customer can regularly rely.

8.3 In other respects, the seller's liability is excluded.

8.4 The above liability provisions also apply to the seller's liability for its agents and legal representatives.

9) Special conditions for processing goods according to specific customer requirements

9.1 If the seller is obligated under the contract to process the goods according to specific customer requirements in addition to delivering the goods, the customer must provide the seller with all necessary content for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller, and grant the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer must ensure that no third-party rights are violated, especially copyright, trademark, and personal rights.

9.2 The customer indemnifies the seller against claims from third parties that may assert these in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the legal violation is not attributable to the customer. The customer is obliged to provide the seller with all information necessary for the examination of the claims and a defense in the event of a claim by third parties without delay, truthfully, and completely.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or good morals. This particularly applies in cases of providing content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to youth, and/or glorifying violence.

10) Applicable Law

For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Jurisdiction

If the customer acts as 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 jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the aforementioned cases, however, the seller is entitled to call upon the court at the customer's location.

12) Alternative Dispute Resolution

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