General Terms and Conditions

1. scope of application

The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

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

2 Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with OsmoUnity.

By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the products contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3 Contract language, contract text storage

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

We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4 Subject matter of the contract

4.1 Product description

Reference is made to the validity of the respective product description as 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 special features. If you are unsure, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actualproduct colours are possible .

4.3 Right of use

Any sketches, drafts, preliminary products, etc. created by us to fulfil the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of order fulfilment to the contractually agreed extent.

5 Requirements and handling of customer content

5.1 Requirements

If it is necessary for the fulfilment of the order that you transmit content (e.g. texts, data, files) to us, the existing technical possibilities for this and any applicable requirements are based on the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you transmit. We do not carry out an editorial review of the content before executing the order.

5.2 Compliance with applicable law

The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (especially copyrights, trademarks or other industrial property rights) and must not contain or serve any purposes that glorify violence, are discriminatory, racist, xenophobic or otherwise immoral or unconstitutional.

5.3 Indemnification

You shall indemnify us against claims by third parties which they may assert in connection with an infringement of their rights by our contractual use. You shall also assume the necessary costs of legal defence including all court and lawyer's fees in the statutory amount. The indemnification does not apply if 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 completely with all information necessary for the examination of the claims and a defence.

5.4 Reservation of cancellation

We reserve the right to refuse the order or to withdraw from the contract if the content provided by you for this purpose violates legal or official prohibitions or offends common decency, or if there is a justified suspicion of this. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

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 in our own person or by qualified personnel selected by us. We expressly reserve the right to have services performed by third parties (subcontractors) who work on our behalf.

You only have a claim to the selection of a specific person to provide the service if and insofar as this is expressly stated in the applicable service description.

If and insofar as third parties are used to provide services, we shall remain fully responsible for the fulfilment of the contractual obligations.

Before engaging third parties, we shall check their reliability, suitability in terms of professional training, experience and/or ability to provide the contractual services and shall oblige them to do so.

6.2 Access to the installation site

The product will be delivered to the installation site. You are obliged to grant access to the installation site to the persons commissioned with the installation.

7 Delivery conditions

7.1 Shipping costs

Standard shipping within Germany is free of charge from an order value of 69 euros including VAT.

7.2 Delivery options

We ship the products to the delivery address specified in the order process.

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

8 Payment

8.1 Prices

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

8.2 Due date and default of payment

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

The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.

The following applies to entrepreneurs: In the event of late payment, we reserve the right to charge you statutory default interest at a rate of nine percentage points above the base interest rate and a lump sum of EUR 40. Further claims remain unaffected by this.

8.3 Payment methods

The following payment methods are available in our shop.

Prepayment
If you select the prepayment payment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

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

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

Apple Pay
To be able 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 activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

Google Pay
In order to be able 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 function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.

Klarna
In cooperation 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 requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the order 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 can only be used by consumers.

Klarna can offer registered Klarna customers, selected according to their own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna. You can find further information on this in your Klarna account.

Credit card via Klarna
You enter your credit card details during the order process. Your card will be debited by Klarna immediately after placing the order. There is no address or credit check.

Direct debit via Klarna
You issue Klarna with a SEPA direct debit mandate. Klarna will inform you of the date on which your account will be debited (prenotification). The account will be debited after the goods have been dispatched.

Purchase in instalments via Klarna
You can pay the invoice amount in up to 36 monthly instalments. A down payment may be required for some orders. The due date depends on Klarna's payment plan. The payment method instalment purchase via Klarna can only be used by consumers.

Klarna can offer registered Klarna customers selected according to its own criteria further payment methods in the customer account (e.g. interest-free instalment plans). However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna. You can find further information on this in your Klarna account

Sofort/ Sofortüberweisung via Klarna
In order to be able to pay the invoice amount by Sofort/ Sofortüberweisung via Klarna, you must have a Klarna account and a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Klarna does not carry out a credit check when paying by instant bank transfer. Your account will be debited immediately after placing the order. You will receive further information during the order process.

PayPal, PayPal Express
In order to be able 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, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

PayPal
In cooperation 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 registration with PayPal. Further information can be found in the respective payment option and in the order process.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect 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 after the goods have been dispatched.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you issue PayPal with a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are dispatched.

Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is sent directly to PayPal.

Purchase onaccount via PayPal and Ratepay
The purchase on account via PayPal requires an address and credit check and is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay").

9. right of cancellation

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of cancellation.

10 Retention of title

The product remains our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the product until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

11. transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise responsible for carrying out the shipment.

12 Warranty and guarantees

12.1 Warranty for defects

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

The following restrictions and shortened time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of wilful or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Note to merchants

The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

12.2 Guarantees and customer service

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

13 Liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of wilful or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

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

14. code of conduct

We have submitted to the following codes of conduct:

• Trusted Shops(https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

15. agreement on the use of Trusted Shops buyer protection

You can protect orders placed with us free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops SE. In addition, Trusted Shops, together with a guarantor, offers a fee-based protection. The Trusted Shops buyer protection conditions apply, which you can find here. The buyer protection is concluded by clicking on the correspondingly labelled button on the so-called Trustcard, which appears as a pop-up on the order thank you page after an order has been completed. In order to be able to offer you buyer protection, the Trustcard must access order data that is stored in the cache of your browser. Access only takes place locally and no order data is transmitted to Trusted Shops before you actively decide in favour of buyer protection or have consented to the transmission of order data to Trusted Shops. If you have given your consent, a hash value of your e-mail address as well as 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 protected. 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 attached to the buyer protection conditions linked above.

16. dispute resolution

We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

17. final provisions

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

Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.