Terms and conditions

Table of contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Terms of delivery and shipping
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Place of jurisdiction
11. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of ABSORA GmbH (hereinafter "seller") apply to all contracts for the delivery of goods which a consumer or trader (hereinafter "customer") concludes with the seller with regard to the goods presented by the seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

1.3 For the purposes of these GTC, a trader is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer may also submit the offer to the seller by email, via the online contact form or by telephone.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive in this respect, or
• by requesting the customer to make payment after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, 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 (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller hereby declares its acceptance of the customer's offer at the point in time at which the customer clicks the button that completes the ordering process.

2.5 When an order is placed via the seller's online order form, the text of the contract is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent their order. The seller does not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop before sending their order, the order data are archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login details.

2.6 Before submitting the order in a binding manner via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place by email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct, so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are, in principle, entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the seller's instructions on withdrawal.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred with regard to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may make use of other payment services, for which special payment terms may apply, to which the customer may be referred separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments/de.

5) Terms of delivery and shipping

5.1 If the seller offers shipping of the goods, delivery is made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address stated in the seller's order processing is decisive for the processing of the transaction. Notwithstanding the foregoing, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. With regard to the costs of the outbound shipment, this does not apply if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provision made in this regard in the seller's instructions on withdrawal applies to the return shipping costs.

5.3 If the customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold in principle only passes upon handover of the goods to the customer or to a person authorised to receive them. Notwithstanding the foregoing, even in the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold already passes to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment with its execution and the seller has not previously named this person or institution to the customer.

5.4 If the customer acts as a consumer domiciled in Germany or as a trader, the seller reserves the right to rescind the contract in the event that the seller itself is not supplied correctly or properly. However, this applies only in the event that the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed without undue delay and the consideration will be refunded without undue delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller performs in advance, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the provisions on statutory liability for defects apply. By way of derogation from this, the following applies to contracts for the delivery of goods:

7.1 If the customer acts as a trader,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for rights in respect of defects is one year from delivery of the goods;
• for used goods, rights in respect of defects are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened time limits set out above do not apply

• to claims of the customer for damages and reimbursement of expenses,
• in the event that the seller has fraudulently concealed the defect,
• to goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any obligation of the seller that may exist to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for traders, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been approved.

7.5 If the customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this has no effect whatsoever on their statutory or contractual claims in respect of defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this regard,
• on the basis of mandatory liability, such as under the Produkthaftungsgesetz (German Product Liability Act).

8.2 If the customer acts as a consumer domiciled in Germany or as a trader, the following limitations of liability apply:

If the seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical of the contract, unless it is liable without limitation in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely. In all other respects, the seller's liability is excluded, unless it is liable without limitation in accordance with the preceding clause.

8.3 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

9) Applicable law

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any event entitled to bring an action before the court at the customer's registered office.

11) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.