General terms and conditions

§ 1 Scope

(1) C2G Production GmbH i. Gr., Bautzner Straße 6, 01099 Dresden, is represented by owner and managing director Urs Draeger.

These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded between C2G Production GmbH i. Gr. (hereinafter referred to as C2G Production) and the customer. Upon conclusion of the contract, the customer accepts these GTC as binding, regardless of whether the customer actually takes note of them. The GTC take precedence over any terms and conditions of the customer. Conflicting terms and conditions of the customer shall not become part of the contract, even without express objection, unless C2G Production agrees to these in text form in individual cases.

(2) The provisions of these GTC shall only apply if the customer is an entrepreneur pursuant to § 14 BGB.

(3) The General Terms and Conditions in the version valid at the time of the conclusion of the contract shall apply.

(4) Additions or amendments to these GTC must be made in writing in accordance with § 126b of the German Civil Code (BGB) in order to be legally effective.

(5) Upon conclusion of the contract, the customer assures to be legally competent without restrictions or to have the consent of the legal representative.

(6) For reasons of better readability, the simultaneous use of the masculine, feminine and diverse forms of speech is waived. The use of the word “customer” nevertheless applies to all genders.

(7) The contractual language is English.

§ 2 Conclusion of Contract; Reservation of Right to Amend

(1) C2G Production informs the customer by telephone or in text form about current services. This contact is not a binding offer to conclude a contract (hereinafter referred to as advertising). The customer is requested by the advertised products to submit an offer to conclude a contract with C2G Production by placing an order.

(2) In the case of § 2 para. 1, the customer submits an offer in text form to C2G Production for the conclusion of a contract. If an order form was provided in the advertisement, the customer may use it to submit the offer. The submission of the offer by the customer is binding. On § 5 para. 2 is expressly referred to.

(3) If the customer makes an inquiry about a product without this having been advertised beforehand, C2G Production informs the customer of the availability and the conditions. This communication is non-binding information. The customer is requested by this information to submit an offer to conclude a contract with C2G Production by placing an order. On § 2 para. 2 is referred to.

(4) If the customer submits the offer outside the time limit within the meaning of § 5 para. 2, C2G Production is entitled to submit a new offer with adjusted conditions.

(5) The acceptance of the offer by C2G Production takes place by means of an express confirmation of acceptance in text form.

(6) The customer is advised that the sending of an e-mail which merely confirms the receipt of the offer does not yet lead to the conclusion of a contract.

(7) If the customer does not receive an express declaration of acceptance from C2G Production within 7 working days of submitting his offer, the offer is deemed to have been rejected.

(8) The customer is informed that C2G Production is entitled to deliver a replacement product, which is equivalent in quality, price, external design, processing and material, if the ordered product is not available after conclusion of the contract for reasons for which C2G Production is not responsible and the delivery of a replacement product is reasonable for the customer.

§ 3 Delivery conditions

(1) The customer receives the order by delivery. Collection from C2G Production’s premises is excluded, unless otherwise agreed. Delivery is carried out by a transport company commissioned by C2G Production.

(2) Delivery is generally made within Germany. Delivery within the EU and Switzerland will be made only after separate agreement.

(3) The delivery date or delivery period communicated to the customer is an estimated indication. There is no entitlement to compliance with this date or period.

(4) If the non-binding delivery date is exceeded by three weeks without a delivery of the ordered products, the customer can request C2G Production to deliver by setting a reasonable deadline. The customer is advised that C2G Production is only in default upon receipt of this request.

(5) The customer is informed that C2G Production only orders the products from the manufacturer after conclusion of the contract. In the case of payment in advance, the order can be placed with the manufacturer only with pro rata payment of the purchase price, unless otherwise agreed. The customer is informed that there may be delays in delivery if he does not meet the payment deadlines as stated in the request for payment.

(6) If the delivery time cannot be met due to damage or destruction of the products during transportation, C2G Production will inform the customer immediately, insofar as this is possible and reasonable.

(7) If the customer cannot be found on the agreed or expected delivery date, C2G Production reserves the right to charge an expense allowance corresponding to the gross order value if no alternative delivery is possible, e.g. to a neighbor or a parcel acceptance point. This also applies in particular if doors cannot be found, the bell is defective or the customer overhears the ringing. The provisions of this paragraph shall apply regardless of whether the customer is present at the agreed place of delivery or not.

§ 4 Retention of title, extended retention of title

(1) The delivered products remain the property of C2G Production until the fulfillment of all claims to which it is entitled against the customer from the business relationship.

(2) The resale of the delivered products by the customer is only permitted in the ordinary course of business and only under the conditions that the payment of the equivalent value of the products is made to the customer and the customer is not in arrears with his payment obligations to C2G Production. The customer shall also agree with the purchaser that the purchaser shall acquire ownership only upon such payment.

(3) In the event of the resale of the delivered products, the customer hereby assigns his claim from the resale against his buyer with all ancillary rights to C2G Production by way of security, without the need for a further declaration. The assignment shall also include any balance claims. The assignment shall only apply to the amount corresponding to the price of the delivered products invoiced by C2G Production. The share of the claim assigned to C2G Production shall be satisfied with priority. C2G Production hereby accepts the assignment.

(4) The customer is revocably authorized to collect the claims assigned to C2G Production for its account in its own name. The customer is obliged to forward the payments made on the assigned claim to C2G Production without delay. The right of C2G Production to collect the claims itself is not affected. C2G Production will not collect the claims of the customer against a third party as long as the customer duly fulfills his payment obligations.

(5) The right of revocation according to § 4 para. 5 is available to C2G Production if there are legitimate interests. This is particularly the case in the event of default in payment, cessation of payment, impending insolvency of the customer, opening of insolvency proceedings. The revocation shall be made in text form.

(6) The processing or transformation of the products subject to retention of title is not permitted.

(7) During the existence of the reservation of title, the customer is prohibited from pledging or assigning the delivered products as security. In the event of seizure, confiscation or other dispositions or interventions by third parties, the customer must inform C2G Production immediately.

(8) C2G Production will release the securities to which it is entitled to the customer insofar as the realizable value exceeds the value of the outstanding claims against the customer by 10 %. It is assumed that the requirements of the previous sentence are fulfilled if the estimated value of the collateral to which C2G Production is entitled reaches or exceeds 150% of the value of the secured claims.

(9) In the event of breaches of duty by the customer, in particular in the event of default of payment, C2G Production is entitled, even without setting a deadline, to demand the return of the products and/or – if necessary after setting a deadline – to withdraw from the contract; the customer is obliged to return the products. The request for the return of the products does not constitute a declaration of withdrawal by C2G Production, unless this is expressly declared.

§ 5 Prices, terms of payment

(1) The prices stated in the advertising and in the information letter are gross prices, including. VAT and other price components as well as shipping and delivery costs.

(2) The customer is informed that the prices stated in the advertisement are binding only for the period stated in the advertisement. If no period of validity is stated in the advertisement, C2G Production is bound to the conditions of the advertisement for 5 working days. Reference is made to § 2 Para.4.

(3) The customer is informed that the ordered products may be delivered from abroad. In this case, in addition to the costs within the meaning of § 5 para. 1 import and/or customs duties are incurred, the amount and due date of which cannot be foreseen at the time of conclusion of the contract. Such costs are to be paid by the customer and will be invoiced separately by C2G Production. C2G Production points out to the customer before conclusion of the contract that customs and/or import duties may be incurred.

(4) Payment can be made in advance, Paypal or on account, unless otherwise agreed.

(5) The customer agrees to receive the payment request by e-mail.

(6) If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless a later due date has been agreed.

(7) The due date within the scope of the other payment methods shall result from the request for payment.

(8) When paying by means of a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

(9) The customer shall have no right of retention.

(10) C2G Production is entitled to demand an appropriate advance payment in individual cases, even if the payment method advance payment is not used.

§ 6 Warranty for defects

(1) The customer must inspect the products immediately upon delivery for damage and obvious defects and report these immediately to C2G Production, insofar as this is possible and reasonable for him. If it is not possible for the customer to immediately inspect the goods and notify us of defects, the customer must do so as soon as the respective obstacle to notification has been removed. If the customer does not comply with this, the service shall be deemed to have been provided in accordance with the contract.

(2) The customer is advised that in the event of a subsequent delivery, he must return the defective products to C2G Production, unless otherwise agreed.

(3) The customer is informed that the warranty for defects is excluded if he processes or remodels the delivered products. This exclusion shall only apply if the customary use of the product by the customer does not require processing or transformation.

(4) No additional warranty is provided.

§ 7 Liability

(1) The customer is informed that there may be deviations, in particular in color, material thickness and processing, regardless of whether the ordered products are handmade or machine-made. Liability for such deviations is excluded, provided that it is reasonable for the customer.

(2) If C2G Production cannot meet an expected delivery date due to force majeure, strike, riot or operational disruption or closure through no fault of its own, no claims for damages arise.

(3) Insofar as damage to the customer was caused by slight negligence, C2G Production has limited liability: Liability exists in this respect only in the event of a breach of material contractual obligations and is limited in amount to the typical damages foreseeable at the time of conclusion of the contract. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and on the fulfillment of which the contractual partner regularly relies and may rely.

(4) C2G Production is liable in the event of demonstrable damage caused by delay to a maximum of 5% of the purchase price (upper limit), provided that the damage caused by delay was caused by slight negligence on the part of C2G Production. If the customer has suffered a lower damage caused by delay, he can only assert this against C2G Production.

(5) The limitation of liability is excluded if C2G Production fraudulently conceals a defect, in the case of injury to life, body or health, insofar as this injury was caused intentionally or through gross negligence, as well as in the case of liability under the Product Liability Act.

(6) If the customer is in default of acceptance, C2G Production is only liable for gross negligence and fault in the event of deterioration or loss of the ordered products.

(7) C2G Production is not liable for the impossibility occurring by chance during the delay, unless the damage would also have occurred with timely performance.

§ 8 Early termination

(1) Cancellation of the order free of charge is possible until receipt of the purchase contract confirmation.

§ 9 Place of performance

The place of fulfillment is the business premises of C2G Production.

§ 10 Final Provisions; Severability Clause

(1) The law of the Federal Republic of Germany shall apply to contractual and other business relations. The application of UN sales law (so-called “CISG”, which stands for “United Nations Convention on Contracts for the International Sale of Goods”) is excluded.

(2) Should individual provisions of the General Terms and Conditions or individual agreements of the contract be invalid, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by the statutory provisions.

(3) If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be Dresden. The same shall apply if the contractual partner does not have a general place of jurisdiction in Germany or an EU member state or if no place of residence or habitual abode is known.

Dresden, 07.07.2024

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