1.Scope

a. The following Terms & Conditions apply to all contracts, deliveries and other performances of the company NEIDFAKTOR GmbH, Ludwig-Meyn-Straße 18, 25469 Hamburg, Telephone: +49 (0) 4101 8580830, E-Mail: [email protected] (in the following: NEIDFAKTOR) placed or provided via this online shop.

b. Deviating terms & conditions provided by you do not apply, unless NEIDFAKTOR previously confirmed to them in writing.

c. All contracts entered into between NEIDFAKTOR and you are governed by the laws of Germany. The UN Convention on Contracts of the International Sales Sales of Goods (CISG) is expressly excluded.

d. Place of jurisdiction is Hamburg, Germany, provided that you are a company or do not have a place of jurisdiction in Germany.

e. Provisions agreed on individually, including side agreements, appendices and amendments, prevail over this terms & conditions.

f. Languages applicable for conclusion of a contract are German and English. For avoidance of doubt concerning construction of contracts or legal declarations, German is leading.

2. Contracting party, customer support

A sales contract is concluded with the NEIDFAKTOR GmbH. For further information about us please refer to our CONTACT. Our customer support is available to receive your questions, reclamations and complaints from 10:00 to 18:00 at +49 (0) 4101 8580830.

3. Conclusion of Contract

a. Display of products in our online shop is not a legally binding offer, but a presentation of our online catalogue without commitment. Prior to confirming your offer you may correct your entries via the usual keyboard and mouse functions. Furthermore, our entries will be displayed in a confirmation window before placing the order and can be correct there likewise via the usual keyboard and mouse functions. Amendments and technical changes as to the product pictures and descriptions are possible. A legally binding order of the goods shown in the shopping cart is placed by clicking the order button “by now”. A confirmation of receipt of your order is returned immediately upon completion of the order. We are free to accept your order by sending an order confirmation via E-Mail or by delivery of the good(s) within five days, unless you have selected PayPal as your payment method. In this case, the contract is concluded in any event at the time payment instruction is approved at the payment service provider.

b. Upon our confirmation of your order you will receive the contract text and this Terms & Conditions and the instructions on withdrawal via E-mail. You may review and download our terms & conditions and the instructions on withdrawal any time on this page. Your past orders may be reviewed in your customer’s account.

4. Prices, shipping and costs, delivery time

All prices contain VAT, unless in cases of VAT exempt EU delivery or delivery outside the EU. Shipping and packaging costs add to the displayed prices as indicated prior to placing an order and on this page:

The delivery period indicates the time between order and delivery, in case of prepayment between payment and delivery.

Availability of a product is indicated in the corresponding product description. For products displayed as “in stock” the delivery period is 8 working days, in case of prepayment 6 working days. In case of non-compliance with the indicated delivery period caused by force majeure, strike or other circumstances not attributable to default of NEIDFAKTOR, the period shall be reasonably prolonged. We only dispatch goods. Pick up is not possible. We do not deliver to packing stations.

Further price components do not exist.

5. Payment, retention of title

a. We accept prepayment or PayPal as follows:

Prepayment: If you choose prepayment, we provide you with our bank details in the order confirmation and deliver the goods upon receipt of payment. Payment falls due immediately upon conclusion of contract. We deliver the good(s) after reception of payment.

PayPal: you pay the invoiced amount online using the service provider PayPal. This generally requires you to be registered, or after your required registration, log in with your access data and to confirm the payment order to us (exception, if possible: log in as a guest). You receive further advice during the order process.

b. NEIDFAKTOR issues an invoice to you, which will be enclosed to the delivery or provided in text- or electronical form. You confirm this by ordering under this terms & conditions.

c. NEIDFAKTOR retains title to the ordered goods until full payment.

d. You are entitled to set off only if NEIDFAKTOR approves your claim or if the claim is legally binding.

6. Shipping and transfer of risk

a. The ordered good(s) will be delivered to the indicated address, unless agreed on differently. Delivery is made out of the stock of NEIDFAKTOR.

b. NEIDFAKTOR reserves its right for part delivery, if this is advantageous for fast delivery and not exceptionally unreasonable for you. Additional costs arising out of part delivery will not be forwarded to you.

c. The indicated delivery deadline is without commitment, unless NEIDFAKTOR has specifically promised to keep the deadline. NEIDFAKTOR will dispatch goods in stock in case of prepayment within three working days after receipt of payment, unless agreed otherwise.

d. The risk of accidental loss and deterioration of the good(s) transfers to you, at the latest, with transfer of possession. If you are a company, the aforementioned risks as well as the risk of delay transfer to you already with handing over of the good to the forwarder or the equivalent person assigned to perform the shipping.

7. Transport damages

If goods are delivered to you with obvious transport damages, please complain instantly at your deliverer and contact us immediately. Non-compliance with these obligations does not waive your legitimate rights or impede their enforcement, in particular not your warranty rights. However, you help us in claiming our own rights against the shipping company and transport insurance.

8. Warranty, Liability for defects and defective title

For all products sold through our shop the legal warranty rights apply with the following measures:

a. If only companies are parties to a contract, §§ 377 HGB apply.

b. If you notify actual defects, NEIDFAKTOR has the duty for supplementary performance. If supplementary performance fails, you are entitled to reasonably mitigate the purchase price or resign from the contract.

c. Defects in the good itself or on your property, occurring due to your improper set up, connection, handling, storage or usage of the good, do not constitute any warrant right or liability against NEIDFAKTOR.

d. NEIDFAKTOR is likewise liable for slight negligence in case material duties are violated (i.e. duties whose violation endangers the aim of the contractual use), however, only for the foreseeable, typical contractual damage. NEIDFAKTOR is not liable for slightly negligent violation of any duty other than the aforementioned.

e. Exclusion or restriction of warranty and liability of NEIDFAKTOR applies also to its vicarious agents.

f. The aforementioned restrictions do not apply to claims for damages arising out of bodily harm or injury due to default of NEIDFAKTOR or insofar as NEIDFAKTOR intentionally misrepresents defects or has granted a guarantee for the appearance and workmanship of a good. They furthermore do not apply to any claims arising out of intention or gross negligence of NEIDFAKTOR or in case of liability according to the product liability laws.

g. Defects of the good shall be notified toward NEIDFAKTOR within a two years warranty period as regards to new goods, and within one year as regards to used goods. If you are a company, the warranty period as regards to new goods is one year, as regards to used goods warranty it is excluded.