General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Granting of usage rights for digital content
7. Retention of title
8. Liability for defects (warranty)
9. Special conditions for the processing of goods according to specific customer specifications
10. Special conditions for assembly/installation services
11. Special conditions for repair services
12. Applicable law
13. Code of Conduct
14. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Dyrk Peters, trading under "Hydrometeorological Instruments and Measuring Systems" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These Terms and Conditions shall apply accordingly to contracts for the delivery of digital content, unless expressly agreed otherwise.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4 Digital content within the meaning of these Terms and Conditions is all data not stored on a physical data carrier, which is produced in digital form and provided by the Seller subject to the granting of certain rights of use as more precisely regulated in these Terms and Conditions.

2) Conclusion of 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 to submit a binding offer by the Customer.

2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, post, or via the online contact form.

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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch 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 the payment method "PayPal Express" is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that concludes the order process.

2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller will not make the contract text available beyond this time. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order 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 for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the order process.

2.7 The German and English languages ​​are available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that 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 third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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 advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the "SOFORT" payment method is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," verify their identity during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be processed immediately afterwards by "SOFORT," and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.

4.7 If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is due without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.

4.8 If SEPA Direct Debit is selected as the payment method, the invoice amount is due after a SEPA Direct Debit mandate has been issued, but not before the expiry of the advance notification period. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiry of the advance notification period. Advance notification ("pre-notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit despite being unauthorized, the customer must bear the fees incurred by the respective credit institution for the chargeback if the customer is responsible for this.

5) Delivery and shipping conditions

5.1 Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the seller's order processing is decisive for the transaction. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2 For goods delivered by freight forwarding, delivery shall be made "free curbside", i.e. up to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 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. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.4 Self-collection is not possible for logistical reasons.

5.5 Digital content will be provided to the customer exclusively in electronic form as follows:

• via download
• by email

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the description of the content in the Seller’s online shop, the Seller grants the Customer the non-exclusive, geographically and temporally unlimited right to use the provided content for private and business purposes.

6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Seller has agreed to a transfer of the contractual license to the third party.

6.3 The granting of rights only becomes effective once the customer has paid the contractually agreed remuneration in full. The seller may also grant provisional permission for the use of the contractual content prior to this time. Such provisional permission does not constitute a transfer of rights.

7) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 If the purchased item is defective, the statutory liability for defects shall apply.

8.2 Notwithstanding the foregoing, the following applies to used goods: Claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply.

• for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

8.3 The customer is requested to report any goods delivered with obvious transport damage to the delivery agent and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

9) Special conditions for the processing of goods according to specific customer specifications

9.1 If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the operator with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the operator, and grant the operator the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They are responsible, in particular, for ensuring that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

9.2 The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or is morally unconstitutional. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, abusive, harmful to minors, and/or glorifies violence.

10) Special conditions for assembly/installation services

If, according to the content of the contract, the seller is obliged to assemble or install the goods at the customer's premises in addition to delivering the goods, as well as to carry out any necessary preparatory measures (e.g. taking measurements), the following shall apply:

10.1 The Seller shall provide its services, at its discretion, either personally or through qualified personnel selected by it. The Seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.

10.2 The Customer shall provide the Seller with all information necessary for the provision of the service owed, in full and truthfully, unless the procurement of such information falls within the Seller’s scope of obligations under the terms of the contract.

10.3 After conclusion of the contract, the Seller will contact the Customer to arrange a date for the performance of the agreed service. The Customer shall ensure that the Seller or the personnel appointed by the Seller have access to the Customer's relevant facilities at the agreed time.

10.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the assembly work and handover to the customer.

11) Special conditions for repair services

If the seller is obliged to repair an item belonging to the customer according to the content of the contract, the following applies:

11.1 Repair services shall be provided at the Seller’s registered office.

11.2 The Seller shall provide its services, at its discretion, either personally or through qualified personnel selected by it. The Seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.

11.3 The Customer shall provide the Seller with all information necessary for the repair of the item, unless the provision of such information falls within the Seller's scope of duties under the terms of the contract. In particular, the Customer shall provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may have caused the identified defect.

11.4 Unless otherwise agreed, the Customer must ship the item to be repaired to the Seller's headquarters at their own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the item in suitable transport packaging to reduce the risk of transport damage and conceal the contents of the packaging. The Seller will immediately inform the Customer of any obvious transport damage so that the Customer can assert any rights they may have against the carrier.

11.5 The return of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable carrier at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.

11.6 The Customer may also transport the item to be repaired to the Seller's premises and pick it up again from the Seller if this is stipulated in the Seller's service description or if the parties have reached a corresponding agreement. In this case, the above provisions regarding the assumption of costs and risks for shipping and return of the item shall apply accordingly.

11.7 The above provisions do not limit the Customer’s statutory rights in the event of a purchase of goods from the Seller.

11.8 The Seller shall be liable for defects in the repair work provided in accordance with the statutory liability for defects.

12) Applicable law

12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

13) Code of Conduct

- The seller has submitted to the Trusted Shops quality criteria, which can be viewed online at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

14) Alternative dispute resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

14.2 The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is generally willing to do so.

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Version: 202003180349