Table of Contents

1. Scope
2. Conclusion of the contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications
10. Applicable Law
11. Place of jurisdiction
12. Code of Conduct
13. Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter “GTC”) of PrOTeUS e.K., owner: Carsten Kemper (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2For the purposes of these Terms and Conditions, 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.

1.3For the purposes of these Terms and Conditions, a “business operator” means a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activities.

2) Conclusion of the Contract

2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2The customer may submit an offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items in the shopping cart by clicking the button that finalizes the order process.

2.3The 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), in which case the date the customer receives the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
• by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting 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 result that the customer is no longer bound by their declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), in accordance with PayPal’s Terms of Service, which can be viewed at https://www.paypal.com/en/legalhub/paypal/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/en/legalhub/paypal/privacywax-fullIf the customer pays using a PayPal payment method selected during the online ordering process, the seller hereby accepts the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 If you select the "Amazon Payments" payment method, payment processing will be handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), in accordance with the Amazon Payments Europe Terms of Use, available at https://pay.amazon.de/help/201751590If the customer selects “Amazon Payments” as the payment method during the online ordering process, clicking the button that completes the order also constitutes a payment instruction to Amazon. In this case, the seller hereby declares acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.6When an order is placed using the Seller’s online order form, the Seller will save the contract text after the contract is concluded and send it to the Customer in writing (e.g., via email, fax, or letter) after the Customer submits the order. The Seller will not make the contract text available in any other way. If the Customer has created a user account in the Seller’s online store prior to submitting their order, the order data will be 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 credentials.

2.7Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying 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 ordering process.

2.8The contract may be concluded in German.

2.9Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1Consumers generally have the right to cancel.

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

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

4) Prices and Payment Terms

4.1Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs will be listed separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases that are beyond the Seller’s control and must be borne by the Customer. These include, for example, costs associated with money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of funds even 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.

4.3The available payment options are listed for the customer in the seller’s online store.

4.4If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5If a payment method offered via the “PayPal” payment service is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes an advance payment to the Customer (e.g., purchase on account or installment payments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related shipments, or credit notes.

4.6 If you select the "Sofortüberweisung" payment method, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung," the customer must have an online banking account activated for participation in "Sofortüberweisung," authenticate themselves during the payment process, and confirm the payment instruction. The payment transaction is executed by Klarna immediately thereafter, and the customer’s bank account is debited. The customer can find more information about the “Sofortüberweisung” payment method online at https://www.klarna.com/immediately/ retrieve.

4.7 If a payment method offered via the “SumUp” payment service is selected, payment processing is handled by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter “SumUp”). The specific payment methods offered via Stripe are communicated to the customer in the seller’s online store. To process payments, SumUp may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information about SumUp is available online at https://www.sumup.com/en-us/ available.

4.8If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to perform a credit check and to decline this payment method if the credit check is unfavorable.

5) Delivery and Shipping Terms

5.1If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified in the Seller’s order processing system shall be decisive. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s cancellation policy shall apply to the costs of returning the goods.

5.3If the customer is acting as a business, the risk of accidental loss or accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously named this person or entity to the customer.

5.4 Handelt der Kunde als Verbraucher mit Sitz in Deutschland oder als Unternehmer, behält sich der Verkäufer das Recht vor, im Falle nicht richtiger oder nicht ordnungsgemäßer Selbstbelieferung vom Vertrag zurückzutreten. Dies gilt jedoch nur für den Fall, dass die Nichtlieferung nicht vom Verkäufer zu vertreten ist und dieser mit der gebotenen Sorgfalt ein konkretes Deckungsgeschäft mit dem Zulieferer abgeschlossen hat. Der Verkäufer wird alle zumutbaren Anstrengungen unternehmen, um die Ware zu beschaffen. Im Falle der Nichtverfügbarkeit oder der nur teilweisen Verfügbarkeit der Ware wird der Kunde unverzüglich informiert und die Gegenleistung unverzüglich erstattet.

5.5If the seller offers the goods for pickup, the customer may pick up the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping costs will be charged.

6) Retention of title

If the seller delivers the goods in advance, the seller 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 statutory liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1If the customer is acting as a business,

• the seller may choose the method of subsequent performance;
• For new goods, the statute of limitations for claims arising from defects is one year from the date of delivery;
• For used goods, claims for defects are excluded;
• the statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.

7.2If the customer is acting as a consumer, the following provision applies to contracts for the delivery of used goods, subject to the limitation set forth in the following paragraph: The statute of limitations for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed upon by the parties in the contract and the customer was specifically informed of the shortened statute of limitations prior to submitting their contractual declaration.

7.3The limitations of liability and shortened time limits set forth above do not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• for goods that, when used in the manner for which they are typically intended, have been used in a building and have caused its defectiveness,
• regarding any obligation the seller may have to provide updates for digital products, in contracts for the delivery of goods that include digital elements.

7.4Furthermore, with respect to business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed to have been accepted.

7.6If the customer is acting as a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses, as follows:

8.1The seller shall be fully liable on any legal grounds

• in cases of willful misconduct or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• based on a warranty promise, unless otherwise specified in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2 Handelt der Kunde als Verbraucher mit Sitz in Deutschland oder als Unternehmer, gelten folgende Haftungsbeschränkungen:

Verletzt der Verkäufer fahrlässig eine wesentliche Vertragspflicht, ist seine Haftung auf den vertragstypischen, vorhersehbaren Schaden begrenzt, sofern er nicht gemäß vorstehender Ziffer unbeschränkt haftet. Wesentliche Vertragspflichten sind Pflichten, die der Vertrag dem Verkäufer nach seinem Inhalt zur Erreichung des Vertragszwecks auferlegt, deren Erfüllung die ordnungsgemäße Durchführung des Vertrags überhaupt erst ermöglicht und auf deren Einhaltung der Kunde regelmäßig vertrauen darf. Im Übrigen ist eine Haftung des Verkäufers ausgeschlossen, sofern er nicht gemäß vorstehender Ziffer unbeschränkt haftet.

8.3 Vorstehende Haftungsregelungen gelten auch im Hinblick auf die Haftung des Verkäufers für seine Erfüllungsgehilfen und gesetzlichen Vertreter.

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

9.1If, under the terms of the contract, the Seller is obligated not only to deliver the goods but also to process them according to the Customer’s specific specifications, the Customer must provide the Seller with all content required for such processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the Seller, and must grant the Seller the necessary rights of use for this purpose. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personality rights.

9.2The Customer shall indemnify the Seller against any claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s use of the Customer’s content in accordance with the contract. The Customer shall also bear the necessary costs of legal defense, including all court and attorney’s fees in the statutory amount. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and for a defense.

9.3The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates any legal or regulatory prohibitions or is contrary to public decency. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Governing Law

10.1All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

10.2Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are located outside the European Union.

11) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be 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 activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

12) Code of Conduct

- The seller has agreed to comply with the guidelines for “Google Customer Reviews,” which are available online at https://support.google.com/merchants/answer/14629803?hl=en&ref_topic=14629086 are available for viewing.

13) Alternative Dispute Resolution

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