Terms and cancellation policy of 5pcb.de GmbH

General Terms and Conditions (GTC) Version 1.1 from March 5, 2018

§ 1 Scope

1. Only our (5pcb.de GmbH, hereinafter "5pcb.de") delivery and payment conditions apply, which our customer agrees to upon placing an order, also for future business, even if they are not explicitly referred to, but have been provided to the customer with an order confirmed by us. If an order is placed deviating from our delivery and payment conditions, our conditions apply exclusively, even if we do not object. Deviations are therefore only valid if they have been expressly acknowledged by us in writing.

2. Customers within the meaning of § 1 (1) include both consumers and entrepreneurs, where a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. Conversely, an entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

3. You can save or print these GTC by clicking the “Save” or “Print” button on your computer.

§ 2 Conclusion of Contract/Order Process/Contract Text/Order Correction

1. The product presentations contained on the website of 5pcb.de do not constitute offers by 5pcb.de but serve solely for information purposes. The product and price lists provided to the customer upon request also do not constitute an offer, but an invitation for the customer to make an offer.

2. The customer may submit an offer in writing (fax, letter), by email, or by telephone to 5pcb.de. 5pcb.de immediately sends an order confirmation to the customer by email upon receipt of the order. This order confirmation does not constitute acceptance of the offer. 5pcb.de may accept the offer by explicit written declaration in text form (fax, letter, email) or by sending the goods. Personal consultation appointments can also be arranged.

3. The customer must ensure that the contact details provided for order processing are accurate so that emails sent by 5pcb.de can be received at this address. In particular, the customer must ensure that all mails sent by 5pcb.de or third parties commissioned with the order processing can be delivered when using SPAM filters.

4. The contract language is German. The contract text is stored by 5pcb.de.

§ 3 Payment Conditions, Payment Delay

1. For deliveries, 5pcb.de offers delivery on account and prepayment. Other payment methods must be negotiated with 5pcb.de beforehand.

   It is also possible to pick up the goods in person at 5pcb.de against cash payment and presentation of an ID card.

2. Unless otherwise agreed, the purchase price is due for payment 10 days after receipt and invoicing of the goods.

3. Offsetting by the buyer with counterclaims is excluded, unless the counterclaims are undisputed or legally established. The assertion of a right of retention by the buyer is excluded unless it is based on the same contractual relationship or the counterclaims are undisputed or legally established or recognized by 5pcb.de.

4. The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

5. If the buyer is in default with any payment obligations towards us, all existing claims become due immediately.

6. In the event of default, 5pcb.de reserves the right to charge interest at a rate of 5%, and 9% for entrepreneurs, above the base interest rate. 5pcb.de is also entitled to charge a reminder fee of €40.00 (in accordance with §288 Abs.5 Satz1 BGB).

7. The timely receipt of payment into the account of 5pcb.de is crucial. Payments to 5pcb.de must be made without deductions, free of postage and charges. A reduction in the invoice amount for transfers from abroad due to transfer costs or similar is not permissible.

§ 4 Delivery and Shipping Conditions

1. The delivery of goods is carried out by handover or by shipping to the delivery address specified by the customer. In the processing of the transaction, the delivery address specified by the customer in the order is crucial.

2. If delivery to the customer is not possible, the commissioned transport company sends the goods back to 5pcb.de, and the customer bears the costs for the unsuccessful delivery. This does not apply if the customer was temporarily prevented from accepting the offered service, unless 5pcb.de had announced the service a reasonable time in advance or if the customer thereby exercises his right of withdrawal.

3. In principle, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer or a person authorized to receive the goods upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration in the case of a sale by dispatch passes to a suitable transport person at the business premises of 5pcb.de upon delivery of the goods.

4. For entrepreneurs, all agreed delivery deadlines are subject to correct and timely self-delivery in cases where 5pcb.de has concluded a specific covering transaction and is not responsible for the unavailability.

§ 5 Cancellation Policy

In the case of a distance selling contract according to § 312b BGB, the customer, if he is a consumer, has the following right of withdrawal:

Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us, 5pcb.de GmbH, Schöntaler Weg 27, 58809 Neuenrade Germany, Email: info@5pcb.de, Fax: +49 (0)2041 3489764, by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we receive the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us.

The deadline is met if you send back the goods before the expiration of the fourteen-day period. You will bear the direct costs of returning the goods. You only have to pay for any diminished value of the goods if this loss in value is due to handling that is not necessary for checking the nature, characteristics, and functioning of the goods.

Please note:

The right of withdrawal does not apply to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(2) Entrepreneurs based in the Union who enter into online purchase contracts or online service contracts and have committed or are obliged to use one or more AS bodies for the resolution of disputes with consumers shall inform consumers about the existence of the OS platform and the possibility of using it to resolve their disputes. They must include a link to the OS platform on their websites and, if the offer is made via email, in this email. This information should also be included in the general terms and conditions for online purchase contracts or online service contracts.

§ 6 Reservation of Title

1. The goods remain the property of the seller until all claims (including all balance claims from current accounts) that the seller has or will have against the buyer for any legal reason now or in the future are fulfilled. Processing or transformation always takes place for the seller as the manufacturer, but without obligation for him. If the seller's property expires by connection, it is already agreed that the ownership of the buyer on the unified thing passes proportionally in value to the seller. The buyer keeps the seller's property free of charge. Goods to which the seller retains title are referred to as reserved goods.

2. The buyer is entitled to process and sell the reserved goods in the proper course of business as long as he is not in default. Pledging or security assignments are inadmissible. The claims arising from the resale or another legal reason regarding the reserved goods are hereby assigned by the buyer to the seller as a security in full. The seller revocably authorizes him to collect the claims assigned to the seller for his account in his own name. This collection authorization can only be revoked if the buyer does not properly meet his payment obligations.

3. In the event of third-party access to the reserved goods, particularly seizures, the buyer will point out the seller's ownership and notify the seller immediately so that the seller can enforce his property rights. To the extent that the third party is unable to reimburse the seller for the judicial or extrajudicial costs incurred in this context, the buyer is liable for this.

4. In the event of the buyer's conduct in breach of the contract, especially in case of payment delay, the seller is entitled to withdraw from the contract and demand the return of the reserved goods.

5. To assert the rights from the reservation of title, withdrawal from the contract is not necessary unless the debtor is a consumer.

§ 7 Warranty Rights

If there is a defect in the purchased item, the statutory provisions apply. In deviation from this, the following applies:

1. For entrepreneurs

   • A minor defect does not generally justify claims for defects,
   • 5pcb.de has the choice of the type of supplementary performance,
   • For new goods, the limitation period for defects is one year from the transfer of risk.
   • For used goods, rights and claims for defects are generally excluded.

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

2. For consumers, the limitation period for defect claims is

   • two years from delivery of the goods to the customer for new goods,
   • one year from delivery of the goods to the customer for used goods, with the restriction of § 7 (3).

3. For entrepreneurs and consumers, the aforementioned liability and limitation period restrictions in § 7 (1) and § 7 (2) do not apply to claims for damages and reimbursement of expenses that the buyer may make according to statutory provisions for defects according to § 8.

4. Furthermore, for entrepreneurs, the statutory limitation periods for the recourse claim according to § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in the case of intentional breach of duty and fraudulent concealment of a defect.

5. If the customer is a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damages and to inform 5pcb.de of this. If the customer does not comply, this has no effect on his claims for defects.

   If the customer is an entrepreneur, any warranty claims can only be asserted by correctly complying with the inspection and complaint obligations determined in §377 HGB for commercial customers.

6. If supplementary performance has taken place through replacement delivery, the customer is obliged to return the originally delivered goods within 30 days at the expense of 5pcb.de. The return of the defective goods must be carried out according to legal provisions.

§ 8 Liability

1. 5pcb.de is liable to consumers without limitation according to statutory provisions.

2. 5pcb.de is liable to entrepreneurs without limitation for any legal reason in cases of injury to life, body, or health, for intent or gross negligence, for fraud and warranty promises, and if the liability arises under mandatory statutory provisions, such as the Product Liability Act.

3. Otherwise, 5pcb.de's liability to entrepreneurs, regardless of the legal reason, is as follows:

   If 5pcb.de negligently breaches an essential contractual obligation (so-called cardinal obligation), the liability for material damages is limited to the foreseeable, typically occurring average damage. Essential contractual obligations are obligations that the contract imposes on 5pcb.de according to its content for the achievement of the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place, and on whose compliance the customer may regularly rely.

   If 5pcb.de negligently breaches a non-essential contractual obligation, the liability is limited to the order value.

§ 9 Applicable Law

1. The contractual relationship is exclusively subject to German law, in particular the Civil Code and the Commercial Code.

2. At our option, the place of jurisdiction is the seat of the company or Frankfurt am Main. The authority to call the court at another statutory place of jurisdiction remains unaffected. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the residence or usual abode is not known at the time of filing the lawsuit.

3. The contract language is German.

§ 10 Amendments, Side Agreements, Severability Clause

1. If the customer is a merchant, supplements, changes, and side agreements require written form to be effective. The same applies to the waiver of this requirement for written form.

2. Should any of these provisions be invalid, this shall not affect the validity of the remaining provisions.