General Terms and Conditions

1. Scope

The following Terms and Conditions apply to all orders placed via our online shop by consumers and business customers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. A business is a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, is acting in the course of its commercial or self-employed professional activities.

The following applies to business customers: if the business customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only form part of the contract if we have expressly agreed to them.

2. Contracting Parties, Conclusion of Contract, Opportunities for Correction

The contract of sale is concluded with OsmoUnity.

By listing the products in the online shop, we are making a binding offer to conclude a contract for these products. You may initially add our products to your basket without obligation and correct your details at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping basket by clicking the ‘Order’ button. Immediately after submitting your order, you will receive a confirmation email.

3. Contract language, storage of the contract text

The language(s) available for the conclusion of the contract: German, English, French, Spanish

We store the contract text and send you the order details and our Terms and Conditions in writing. For security reasons, the contract text is no longer accessible via the internet.

4. Subject matter of the contract

4.1 Product description

Please note that the relevant product description forms an integral part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following points. Please contact us if you have any queries:

Due to individual screen settings (e.g. resolution and brightness), there may be slight differences between theproduct colours shown and the actualcolours.

4.3 Right of use

Any sketches, designs, prototypes, etc. produced by us in fulfilment of the order are legally protected. We grant you a non-exclusive right to use them for the purpose of fulfilling the order to the extent agreed in the contract.

5. Requirements and Handling of Customer Content

5.1 Requirements

Where it is necessary for the fulfilment of the order that you provide us with content (e.g. texts, data, files), the technical options available for this and any applicable requirements shall be governed by the relevant product description.

You are solely responsible for the content, including the lawfulness and accuracy of the content you provide. We do not carry out any substantive or editorial review of the content prior to the execution of the order.

5.2 Compliance with applicable law

The content and the products to be created from it must at all times comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (in particular copyright, trade mark or other intellectual property rights) nor contain any content that glorifies violence, is discriminatory, racist, xenophobic or otherwise immoral or anti-constitutional, nor serve any such purposes.

5.3 Indemnification

You shall indemnify us against any claims by third parties which they may assert in connection with an infringement of their rights arising from our use of the content in accordance with the contract. In this regard, you shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rate. This indemnity shall not apply insofar as you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and in full with all information necessary for the assessment of the claims and our defence.

5.4 Right to withdraw

We reserve the right to refuse the order or to withdraw from the contract if the content you have provided for this purpose contravenes statutory or regulatory prohibitions or is contrary to public morality, or if there is reasonable suspicion to that effect. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

6. Installation

The provision of installation services requires an express agreement.

6.1 Selection of the service provider

We shall provide the service, at our discretion, either personally or through qualified personnel selected by us. We expressly reserve the right to have the service provided by third parties (subcontractors) acting on our behalf.

You shall only be entitled to the selection of a specific person to perform the service if and insofar as this is expressly stated in the applicable service description.

Where and to the extent that third parties are engaged to provide the services, we shall remain fully responsible for the fulfilment of our contractual obligations.

Before engaging third parties, we shall assess them with regard to their reliability, suitability in terms of professional training, experience and/or ability to provide the services in accordance with the contract, and shall require them to comply with these requirements.

6.2 Access to the installation site

The product shall be delivered to the installation site. You are obliged to grant the persons commissioned to carry out the installation access to the installation site.

7. Delivery Terms

7.1 Delivery charges

Standard delivery within Germany is free of charge for orders totalling 69 euros or more, including VAT.

7.2 Delivery options

We dispatch the products to the delivery address provided during the ordering process.

You generally have the option of collecting your order from Thomas Metzner, Lindenstraße 44, 49744 Geeste, Germany, during the opening hours listed below: By arrangement

8. Payment

8.1 Prices

The prices stated at the time of ordering apply. These are total prices and include statutory VAT.

8.2 Due date and late payment

The price is due upon conclusion of the contract, unless a later date is specified in the payment terms below.

The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of 1.50 euros per reminder from the second reminder onwards. You retain the right to prove that the damage incurred was less than this amount. This does not affect any further claims.

The following applies to businesses: In the event of late payment, we reserve the right to charge you statutory interest on arrears at a rate of nine percentage points above the base rate, as well as a flat-rate fee of 40 euros. This does not affect any further claims.

8.3 Payment methods

The following payment methods are generally available in our shop.

Prepayment
If you select the ‘payment in advance’ option, we will provide you with our bank details in a separate email and dispatch the goods once payment has been received.

Cash on collection
You pay the invoice amount in cash upon collection.

Credit card
You will enter your credit card details during the ordering process. Your card will be charged immediately after you place your order.

Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have Apple Pay enabled, authenticate yourself using your login details and confirm the payment instruction. The payment transaction will be processed immediately after the order is placed. Further details will be provided during the ordering process.

Google Pay
To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay feature, authenticate yourself using your login details and confirm the payment instruction. The payment transaction is processed immediately after the order is placed. Further information will be provided during the ordering process.

Klarna
In collaboration with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (‘Klarna’), we offer you the following payment options. Unless otherwise specified below, payment via Klarna is subject to a successful address and credit check and is made directly to Klarna. Further information is provided for each payment option and during the ordering process.

Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice. Payment by invoice is available to consumers only.

Klarna may offer additional payment methods within the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence over the availability of these options; any additional payment methods offered on an individual basis relate to your legal relationship with Klarna. You can find further information on this in your Klarna account.

Credit card via Klarna
You provide your credit card details during the ordering process. Your card will be charged by Klarna immediately after you place your order. No address or credit check will be carried out.

Direct debit via Klarna
You authorise Klarna to take out a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (known as ‘prenotification’). The amount will be debited from your account once the goods have been dispatched.

Instalment plan via Klarna
You can pay the invoice amount in up to 36 monthly instalments. A deposit may be required for some orders. The due dates are determined by Klarna’s payment plan. The ‘instalment purchase via Klarna’ payment method is available to consumers only.

Klarna may offer registered Klarna customers, selected according to its own criteria, additional payment options within their customer account (e.g. interest-free instalment plans). However, we have no influence over the availability of these options; any additional payment options offered on an individual basis relate to your legal relationship with Klarna. You can find further information on this in your Klarna account

Pay immediately via Klarna
To pay the invoice amount immediately via Klarna, you must have a Klarna account and a bank account activated for online banking, authenticate yourself accordingly and confirm the payment instruction. No credit check is carried out when paying via ‘Pay Now’. Your account will be debited immediately after you place your order. Further details will be provided during the ordering process.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), you must be registered with PayPal, log in using your credentials and confirm the payment instruction. The payment transaction will be processed by PayPal immediately after the order is placed. Further information will be provided during the ordering process.

PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment methods within their customer account. However, we have no influence over the offering of these payment methods; any additional payment methods offered on an individual basis relate to your legal relationship with PayPal. You can find further information on this in your PayPal account.

PayPal
In collaboration with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal Services. Unless otherwise specified below, payment via PayPal does not require you to be registered with PayPal. Further details are provided with the relevant payment option and during the checkout process.

PayPal, PayPal Express
To pay the invoice amount via the PayPal payment option, you must be registered with PayPal, authenticate yourself using your login details and confirm the payment instruction. The payment transaction is processed by PayPal immediately after the order is placed.

PayPal may offer additional payment methods within the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence over the availability of these options; any additional payment methods offered on an individual basis relate to your legal relationship with PayPal. You can find further information on this in your PayPal account.

Credit card via PayPal
Your card will be charged by PayPal once the goods have been dispatched.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and creditworthiness check and is made directly to PayPal. By confirming the payment instruction, you authorise PayPal to take a direct debit. PayPal will inform you of the date on which your account will be debited (known as ‘prenotification’). Your account will be debited before the goods are dispatched.

Purchase on account via PayPal
Purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Purchase on account via PayPal and Ratepay
Purchase on account via PayPal requires an address and creditworthiness check and is made directly to Ratepay GmbH, Franklinstraße 28–29, 10587 Berlin (‘Ratepay’).

9. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. No voluntary right of withdrawal is granted to business customers.

10. Retention of title

The product remains our property until full payment has been made.
The following also applies to business customers: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale – irrespective of whether the goods subject to retention of title have been combined or mixed with a new item – in the amount of the invoice sum, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We shall release the security to which we are entitled at your request to the extent that the realisable value of the security exceeds the value of the outstanding claims by more than 10 per cent.

11. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without delay. Failure to make a complaint or contact us has no consequences whatsoever for your statutory rights and their enforcement, in particular your warranty rights. However, you will be helping us to assert our own claims against the carrier or the transport insurer.

For business customers: The risk of accidental loss or accidental deterioration passes to you as soon as we have handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment.

12. Warranty and Guarantees

Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following limitations and shortened limitation periods do not apply to claims arising from damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of a breach of duty committed with intent or through gross negligence, or fraud
• in the event of a breach of essential contractual obligations, the fulfilment of which is indispensable for the proper performance of the contract and on the observance of which the contracting party may reasonably rely (cardinal obligations)
• within the scope of a guarantee, where agreed, or
• insofar as the scope of application of the Product Liability Act is applicable.

Limitations in relation to business customers

In dealings with business customers, only our own specifications and the manufacturer’s product descriptions incorporated into the contract shall be deemed to constitute an agreement regarding the quality of the goods; we accept no liability for publicstatements by the manufacturer or other advertising claims. For traders, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item which, in accordance with its normal use, has been used in a building and has caused its defectiveness.

The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.

Note regarding transactions with traders

In dealings between traders, the duty to inspect and give notice of defects as set out in Section 377 of the German Commercial Code (HGB) applies. If you fail to give notice as stipulated therein, the goods shall be deemed to have been accepted, unless the defect was not apparent upon inspection. This shall not apply if we have fraudulently concealed a defect.

Information for consumers

Whenpurchasing goods, the warranty period has aminimum duration of two years. Please also refer to theharmonised notice in accordance with Implementing Regulation (EU) 2025/1960 (the so-called ‘warranty label’) regarding the warranty for goods.

Warranties and after-sales service

Information on any additional guarantees that may apply and their exact terms and conditions can be found with the relevant product and on specific information pages in the online shop.

13. Liability

We shall always bear unlimited liability for claims arising from damage caused by us, our legal representatives or our vicarious agents

• in the event of injury to life, limb or health,
• in the event of a breach of duty arising from wilful misconduct or gross negligence,
• in the case of warranty undertakings, where agreed, or
• insofar as the scope of the Product Liability Act applies.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may reasonably rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

14. Code of Conduct

We have committed ourselves to the following code of conduct:

• Trusted Shops (https://business.trustedshops.de/quality-criteria-de)

15. Agreement on the use of Trusted Shops Buyer Protection

You can insure orders placed with us free of charge up to an order value of 100 euros via the Trusted Shops SE Buyer Protection scheme. In addition, Trusted Shops, in conjunction with a guarantor, offers a paid insurance scheme. The Trusted Shops Buyer Protection Terms and Conditions apply, which you can find here. Buyer protection is activated by clicking on the button labelled ‘Trustcard’, which appears as a pop-up on the order confirmation page after you have placed an order. In order to offer you buyer protection, the Trustcard must access order data stored in your browser’s cache. Access is strictly local, and no order details are transmitted to Trusted Shops until you have actively opted for Buyer Protection or given your consent to the transmission of order details to Trusted Shops. Once you have given your consent, a hash value of your email address, along with the order number and order total, will be transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically covered. If you are not yet registered for Buyer Protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is included in the Buyer Protection Terms and Conditions linked above.

16. Dispute resolution

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

17. Final provisions

If you are a business, German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Should any individual clauses of these General Terms and Conditions be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.