Terms and Conditions

General terms and conditions with customer information

As of March 2, 2025

Table of Contents

• Scope of the General Terms and Conditions
• Contact and service information
• General information about offers and orders
• Ordering process and contract conclusion
• Ordering process and contract conclusion on the Amazon platform
• Ordering process and contract conclusion on the eBay platform
• Ordering process and contract conclusion on the platform kleinanzeigen.de
• Contract text and contract language
• Customer account
• Information on prices and shipping costs
• Payment methods and payment terms
• Retention of title
• Delivery, product availability
• Cancellation policy
• Warranty and Liability
• Changes to the Terms and Conditions
• Final Provisions
• Dispute resolution and consumer dispute settlement

1. Scope of the General Terms and Conditions

• The following General Terms and Conditions (hereinafter referred to as "GTC") apply exclusively to the business relationship between Vlasov&Kheilyk OHG (hereinafter referred to as "Seller") and the purchaser of the Seller's products (hereinafter referred to as "Customer").
• Any differing terms and conditions of the customer will not be recognized, even if the seller performs his service without objection, unless the seller expressly agrees to the validity of the differing terms and conditions of the customer.
• All personal designations apply equally to both genders. For the sake of readability, the simultaneous use of masculine and feminine forms has been omitted.
• "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 attributable to their commercial nor their independent professional activity.
• For the purposes of these terms and conditions, an "entrepreneur" is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
• "Product" within the meaning of the General Terms and Conditions is any goods, services and other performances offered by the seller, any accessories and accompanying documentation which, according to the product description provided to the customer by the seller or other agreement, are the subject of the contract between the seller and the customer.
• Regardless of the terminology used in these terms and conditions, such as "seller," the legal classification of the contract and the applicable legal regulations are always determined by the statutory provisions governing the respective types of contracts. These terms and conditions do not restrict the statutory definitions and regulations in any way.

2. Contact and service information

• Please note the following information regarding the availability of our customer service.
• E-mail address: info@nektar24.de
• Telephone number: +4915121011250
• Customer service availability: Weekdays from 10:00 am to 5:00 pm

3. General information about offers and orders

• The presentation of products in the shop, on websites and in digital printed brochures or catalogs or comparable product presentations by the seller does not constitute a legally binding offer, but rather an invitation to place an order and thus an offer from the customer.

4. Ordering process and contract conclusion

• The customer can select products from the seller's assortment and add them to a shopping cart. Within the shopping cart, the product selection can be modified, for example, items can be deleted. Otherwise, the customer can proceed to checkout.
• By clicking on the button that completes the order process, the customer submits a binding offer to the seller to purchase the products in the shopping cart.
• A contract between the customer and the seller can also be concluded via email. The customer can submit a binding offer to the seller via email or, if the seller submits a binding offer, accept it via email.
• A contract between the customer and the seller can also be concluded by telephone. The customer can submit a binding offer to the seller by telephone or, if the seller submits a binding offer, accept it by telephone.
• A contract between the customer and the seller can also be concluded using information provided in a contact form. The customer can submit a binding offer to the seller via the contact form, or, if the seller submits a binding offer, accept it via the contact form.
• A contract between the customer and the seller can also be concluded by mail. The customer can submit a binding offer to the seller by mail or, if the seller submits a binding offer, accept it by mail.

5. Ordering process and contract conclusion on the Amazon platform

• The terms of this section apply to orders placed through the Amazon platform. The purchase agreement is concluded with the seller, not with Amazon.
• The customer can select products from the seller's assortment and add them to a shopping cart. Within the shopping cart, the product selection can be modified, for example, items can be deleted. Otherwise, the customer can proceed to checkout.
• In addition to the ordering process via Amazon's "Shopping Cart" system, customers can complete their order directly by clicking the "1-Click" or "Buy Now" buttons. In this case, an order is automatically created and shipped to the delivery address the customer has saved in their Amazon account. The order can then be modified or canceled in the order overview under "Your Account." The purchase price is paid using the payment method the customer has saved in their Amazon account for the "1-Click" or "Buy Now" process. The customer is informed about the delivery and payment options via a separate notification and can further change their delivery and payment information in the "Your Account" section. Using the "1-Click" or "Buy Now" process may also require the customer to activate it in their Amazon account.
• The seller may accept the customer's offer within the acceptance period. The acceptance period is five days. It begins when the customer completes the order process and ends on the last day. The seller may accept the customer's offer by explicitly accepting the contract, either directly or through Amazon, including via email. Acceptance may also occur through shipment of the goods and their receipt by the customer within the acceptance period, as well as through a payment request sent to the customer by the seller or Amazon, and at the latest upon completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance date is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is formed, and the customer is no longer bound by their offer.

6. Ordering process and contract conclusion on the eBay platform

• The terms of this section apply to orders placed through the eBay platform. The purchase agreement is concluded with the seller, not with eBay.
• By publishing an offer in auction format or as a fixed-price sale, the seller makes a binding offer to conclude a contract in accordance with the information and conditions stated for the product. By placing a bid, the eBay user accepts the offer subject to the condition precedent of being the highest bidder at the end of the period specified by the seller. If the eBay user's bid is outbid, their offer expires. The seller may set a minimum price that must be reached for the contract to be concluded. By clicking a "Buy It Now" button provided within the offer, the eBay user can purchase the item immediately. In the case of auction formats, "Buy It Now" is only possible as long as no bid has yet been placed on the offer or the minimum price has not been reached. For items with the "Immediate Payment" option, the contract is only concluded upon completion of the subsequent payment process. Purchasing multiple items at a fixed price is possible if they are added to the shopping cart using the shopping cart function and the payment process is then completed.
• If the option to submit a price proposal is enabled, the eBay user's price proposal constitutes a purchase offer, which the seller can accept or decline. The seller can also make a counter-offer, which the eBay user can then accept or respond with their own counter-offer. A purchase agreement is concluded if an offer is accepted by either the eBay user or the seller. Price proposals are valid until the end of the listing and for a maximum of 48 hours. When using the "Price Proposal" option in a listing, immediate payment is not required unless the eBay user was prompted to confirm their payment method when submitting their price proposal.
• Customers who are subscribed to the "eBay Plus" option can obtain a Hermes return label from eBay for return purposes. To do so, customers must meet the following requirements and conditions: https://www.ebay.de/help/buying/returns-refunds/rckgabe-eines-artikels-gegen-eine-rckerstattung?id=4775. In that case, customers can drop off the shipment at a Hermes ParcelShop near them.

7. Ordering process and contract conclusion on the platform kleinanzeigen.de

• The terms and conditions of this section apply to orders placed via the platform kleinanzeigen.de. The purchase agreement is concluded with the seller and not with the provider of kleinanzeigen.de.

The customer can send a non-binding request for a quotation to the seller via email. Upon the customer's request, the seller will send a binding offer in written form (e.g., via email, fax, or letter) for the sale of the goods or services previously selected by the customer from the seller's product and service range.

• The seller may accept the customer's offer within the acceptance period. The acceptance period is five days. It begins when the customer sends the seller a corresponding declaration by email, fax, telephone, mail, or via the "Send message" function on classified ads, or by paying the offered purchase price. The first day of the period begins on the day after the offer is received. In the case of payment, the date the payment is received by the seller is decisive. Should the last day of the acceptance period fall on a Saturday, Sunday, or a public holiday recognized at the customer's place of residence, the period is extended to the next business day. In the case of multiple acceptance attempts, the earliest acceptance date applies. If the seller does not accept the customer's offer within the acceptance period, no contract is formed, and the customer is no longer bound by their offer.

8. Contract text and contract language

• The seller stores the contract text and provides it to the customer in written form (e.g., by email or printed with the delivery of the order). The customer can print the contract text before submitting the order to the seller by using their browser's print function or the web page save function in the final step of the ordering process.
• The seller may provide the contract documents to customers who are entrepreneurs both in written form and in another way (e.g. by referring to an online source).
• If customers have created a customer account, they can view the orders they have placed in their account area. The full contract text is not accessible in the account area.
• The contract language is German; contracts can be concluded in this language.

9. Customer account

• The seller provides customers with a customer account. Within this account, customers have access to information about their orders and their customer data stored by the seller. The information stored in the customer account is not publicly accessible.
• Customers can also place an order as a guest without having to create a customer account.
• Customers are obligated to provide truthful information in their customer account and to update this information as necessary to reflect changes in their circumstances (e.g., a changed email address in case of a change of address or a changed postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.
• Customers are responsible for their customer accounts within their sphere of influence and to the extent that such responsibility is reasonable for them. It is the customer's responsibility to exercise the utmost care when using their account login credentials and to take all necessary measures to ensure the confidential and secure handling of the data and to prevent its disclosure to third parties. Customers are obligated to inform the seller immediately if there is reason to suspect that a third party has gained knowledge of their login credentials and/or is misusing the customer account.
• The customer account may only be used in accordance with applicable legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the seller's terms and conditions, using the access forms and other technical access options provided by the seller. Any other use, especially by external software such as bots or crawlers, is prohibited.
• When customers store, share, or otherwise publish content or information in their customer account, they are responsible for this content. Depending on technical capabilities, this content includes, for example, text, images, and personal information. The seller does not adopt customer content as its own and does not identify with it. However, the seller reserves the right to take necessary measures if there are indications of legal problems or risks to third parties. These measures are based on carefully selected criteria. The aim is to ensure that every action is justified. It is examined whether a measure is necessary to resolve the problem or avert the risk. Furthermore, it is assessed whether the measure is proportionate to the severity of the problem or risk. Care is also taken to ensure that the measure is taken with due diligence and after a thorough evaluation of all relevant information and circumstances. Finally, the measure must be based on an objective and unbiased assessment of the situation. Possible measures include deleting the content in question, requests for clarification or correction, warnings, legal action, or even banning users from the premises. When deciding on these measures, the seller carefully considers the requirements of the situation and the rights and interests of all parties involved. Particular attention is paid to the fundamental rights of customers to ensure a fair and equitable solution.
• Customers may terminate their customer account at any time. The seller may also terminate the customer account at any time with reasonable notice, which is generally two weeks. Termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.

10. Information on prices and shipping costs

• Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
• The delivery and shipping fees, which are added to the sales price, are communicated to the customer in the respective product description and before the order is completed, or linked to.
• For deliveries to countries outside the European Union (EU) or the European Economic Area (EEA), additional taxes (e.g., import duties) or costs (e.g., bank charges) may apply. These charges are not collected by the seller but must be paid by the customer to the relevant tax or customs authorities. The seller recommends that customers inform themselves about potential additional costs by contacting the relevant authorities and reviewing the applicable national regulations.

11. Payment methods and payment terms

• Unless otherwise agreed, payments are to be made without deductions, discounts or other reductions.
• When using financial institutions and other payment service providers, the terms and conditions and privacy policies of these providers also apply to payments. Customers are asked to observe these regulations and policies, as well as any information provided during the payment process. This is particularly important because the availability of payment methods or the payment procedure itself may depend on agreements between the customer and the financial institutions and payment service providers (e.g., agreed spending limits, location-restricted payment options, verification procedures, etc.).
• The customer is responsible for ensuring that they meet all requirements necessary for successful payment using the chosen payment method. This includes, in particular, sufficient funds in bank and other payment accounts, registration, authentication and authorization with payment services, and transaction confirmation.
• Should a payment not be processed or reversed due to insufficient funds in the customer's account, incorrect bank details provided, or an unjustified objection by the customer, the customer shall bear the resulting fees, provided that he is responsible for the failed or reversed transaction and, in the case of a SEPA transfer, was informed of the transfer in a timely manner (so-called "Pre-Notification").
• If the seller assigns its payment claim against the customer to a payment service provider, payment can only be made with legally binding effect to the respective payment service provider. The seller's contractual obligations to the customer, in particular the performance and warranty obligations, compliance with cancellation rights, and ancillary contractual obligations, remain unaffected by the assignment.
• The seller reserves the right to offer certain payment methods only up to or above a certain order value. In this case, the seller will inform customers of the corresponding payment restriction before the order process begins. The consumer's right to a free, common, and reasonable payment method remains unaffected.
• Prepayment – ​​If prepayment via bank transfer has been agreed upon, the payment amount is due upon conclusion of the contract, unless expressly agreed otherwise. The seller will provide the customer with their bank details. Delivery will take place after receipt of payment. If prepayment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a reminder, the seller will withdraw from the contract, rendering the order invalid and releasing the seller from any obligation to deliver. The order will then be considered complete for both the customer and the seller without further consequences.
• Purchase on account - The invoice amount is due after the product has been delivered and invoiced, and must be paid by the customer within 7 days without deduction by payment to the seller's bank account, unless otherwise agreed.
• Credit card payment - When placing an order, customers provide their credit card details. The customer's credit card will be charged immediately after the order is completed and after authorization as the legitimate cardholder.
• Amazon – Payment is processed by Amazon, and the customer can settle the amount due by credit card or direct debit. The seller does not receive any of the customer's payment data from Amazon. For items sold via the Amazon Marketplace on the Amazon.de domain and for items marked "Fulfilled by Amazon," Amazon offers the following additional payment methods: monthly invoice (in cooperation with arvato Payments Solutions GmbH), financing (in cooperation with Barclaycard, offered by Barclays Bank Ireland PLC Hamburg Branch), BLIK, Bancontact, iDeal, and Przelewy24. For BLIK, Bancontact, iDeal, and Przelewy24, payment is processed immediately after order completion. For credit card, direct debit, monthly invoice, and financing, payment is processed after the goods have been shipped. For iDEAL, the customer needs a Dutch bank account; for Bancontact, a Belgian bank account; and for Przelewy24/BLIK, a Polish bank account. Financing requires registration with Barclaycard. The use of monthly billing and financing payment methods requires a successful address and credit check of the customer. Further information regarding ordering via Amazon Marketplace: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A. Further information on accepted payment methods: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A; Further information for customers who are entrepreneurs and purchase on account: https://www.amazon.de/gp/help/customer/display.html?nodeId=201961660; Customers can also find information about payment methods in the "My Account" section under "Your Payments".
• Klarna – Payment is processed via the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: “Klarna”) using the Klarna payment method provided or selected by the customer. Klarna's terms of use apply, which can be found at [link to Klarna terms of use]. https://www.klarna.com/de/ They can be viewed and communicated to the customer as part of the payment process.
• Klarna PayNow credit card - The customer must prove they are the legitimate cardholder before the payment transaction is carried out and the customer's account is automatically debited.
• Klarna PayNow Direct Debit - The customer grants Klarna a SEPA Direct Debit mandate. By granting the SEPA Direct Debit mandate, Klarna is authorized to initiate the payment transaction, which will automatically debit the customer's bank account. The customer will be informed of the debit date (referred to as "Pre-Notification").
• Klarna Invoice – This requires successful verification of the customer's address and creditworthiness by Klarna. With Klarna Invoice, customers receive the goods first. Payment is due within 14 days, unless otherwise agreed during the payment process. The seller assigns their payment claim to Klarna. Payment can only be made to Klarna in accordance with Klarna's terms and conditions to discharge the debt.
• Klarna installment payment – ​​A prerequisite for Klarna installment payments is a successful verification of the customer's address and creditworthiness by Klarna. The seller assigns their payment claim against the customer to Klarna. A payment that discharges the debt can only be made to Klarna in accordance with Klarna's terms and conditions. Further information on European Standard Information for Consumer Credit, financing via Klarna, in particular regarding installments and minimum installment amounts, as well as Klarna's terms and conditions: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
• Klarna Instant Bank Transfer (Sofort) - Payment is processed using online banking details by the provider Sofort GmbH immediately after ordering, according to the Klarna Instant Bank Transfer terms and conditions (which are also communicated to the customer during the ordering process). Further information: https://www.klarna.com/sofort/.
• PayPal – Payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”) using the PayPal payment method provided or selected by the customer. Customers are redirected directly to PayPal at the end of the ordering process. For customers with a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
• PayPal Express - The customer pays the amount owed using the PayPal transaction process.
• PayPal Plus (Direct Debit) – Customers can pay via PayPal's direct debit system even if they do not have a PayPal account. The customer grants PayPal a SEPA direct debit mandate. By granting the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, which will automatically debit the customer's bank account. The customer will be informed of the debit date (referred to as a "pre-notification").
• PayPal Plus (Credit Card) – Customers can pay via PayPal using their credit card even if they don't have a PayPal account. To complete the payment, the customer must verify that they are the legitimate cardholder before the transaction is processed and their account is automatically debited.
• PayPal Plus (purchase on account) – Customers can also make a purchase on account via PayPal even if they do not have a PayPal account. This requires successful verification of the customer's address and creditworthiness by PayPal. The seller assigns the payment to PayPal. Payment can only be made to PayPal in accordance with PayPal's terms and conditions and the selected or stated payment deadline. PayPal's terms of use for purchase on account apply. https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
• Amazon Pay – Using Amazon Pay requires registration for this payment method. The payment transaction is processed according to Amazon Pay's terms and conditions, which are also communicated to the customer during the order process. Before completing the order, the customer is redirected to Amazon Pay and can choose from the payment methods offered by Amazon Pay. After the order is placed, the payment transaction is initiated via Amazon Pay. Further information and terms and conditions: https://pay.amazon.de/.
• Cash payment upon collection of goods - Payment is made in cash upon collection of the goods.
• Google Pay – Using Google Pay requires registration for this payment method. The payment transaction is processed according to Google Pay's terms and conditions, which are also communicated to the customer during the order process. Further information: https://pay.google.com.
• Apple Pay – Using Apple Pay requires registration for this payment method. The payment transaction is processed according to Apple Pay's terms and conditions, which are also communicated to the customer during the order process. Further information and terms: https://www.apple.com/de/apple-pay/.
• In the event of late payment, the seller is entitled to claim default interest at the statutory rate, as well as other legally stipulated consequences and costs, from the defaulting customer. The customer's obligation to pay default interest does not preclude the seller from claiming further damages for default. These damages include costs of legal enforcement, such as legal advice, dunning procedures, or debt collection.

12. Retention of title

• If the seller makes advance payments, the delivered products remain the property of the seller until full payment has been received.
• For customers who are businesses, the following rules apply to products that remain the property of the seller until full payment is received (hereinafter referred to as "reserved goods"). If the seller makes advance payments, the delivered products remain the property of the seller until full payment is received. The seller retains title to the reserved goods until all claims arising from the ongoing business relationship have been settled in full. The customer is obligated to treat the reserved goods with due care as long as title has not yet passed to them. In particular, they are obligated to insure these goods at their own expense against theft, fire, and water damage for their full replacement value, provided such insurance is appropriate or customary in the industry. If maintenance and inspection work is required, the customer must carry it out promptly at their own expense. Any processing or transformation of the reserved goods by the customer is always carried out on behalf of the seller. If the reserved goods are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods relative to the other processed items at the time of processing. The same provisions apply to the product created through processing as to the goods subject to retention of title. The customer also assigns to the seller, as security for any claims against the customer, any claims against third parties arising from the incorporation of the goods subject to retention of title into real property. The customer must immediately notify the seller of any third-party claims against goods owned or co-owned by the seller. The customer shall bear any costs incurred by such third-party objection proceedings or costs for extrajudicial release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller, as security, all claims arising from the resale or other legal grounds relating to the goods subject to retention of title (including all balance claims from current accounts). The seller revocably authorizes the customer to collect the claims assigned to the seller on the seller's behalf and in the customer's own name. This authorization to collect may be revoked if the customer fails to meet its payment obligations. The seller undertakes to release the securities held by the seller at the customer's request if their total resale value exceeds the sum of all outstanding claims of the seller arising from the business relationship by more than 10% (or by more than 50% if there is a risk of realization). The selection of the securities to be released is at the seller's discretion.

13. Delivery, product availability

• The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
• If a delivery of goods fails for reasons attributable to the customer, the customer shall bear the costs incurred for both the initial shipment and the return shipment to a reasonable extent. If the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs applies only to the initial shipping costs, while the regulations in the cancellation policy apply to the return shipping costs.
• Should delivery of the goods fail due to the customer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be refunded to the customer immediately.
• If the ordered goods are unavailable because the seller is not supplied with this product by their supplier through no fault of their own, particularly with regard to ensuring delivery and any reasonable efforts they may make, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if applicable, offer delivery of comparable goods. If no comparable goods are available or the customer does not wish to receive comparable goods, the seller will promptly refund any payments already made by the customer.
• The seller is not liable to business customers for delays in delivery or performance due to force majeure or unforeseen events that significantly impede or render delivery impossible, even if delivery dates and deadlines have been contractually agreed upon. In such cases, the seller is entitled to postpone delivery or performance for the duration of the impediment plus a reasonable start-up period. This right to postponement also applies to business customers in cases of unforeseen events affecting the operations of a supplier that are beyond the control of either the supplier or the seller. During the period of such impediment, the customer is also released from their contractual obligations, particularly the obligation to pay. If the delay is unreasonable for the customer, they may, after setting a reasonable deadline or after mutual consultation with the seller, withdraw from the contract by written notice.
• Customers are requested to report any obvious transport damage to the transport company or carrier as soon as possible, or otherwise inform us of the transport damage. This does not create any obligation for customers who are consumers, and failure to report damage does not restrict the customer's statutory rights or the enforcement of these rights, in particular warranty and cancellation rights.
• For customers who are entrepreneurs, the risk of accidental loss or accidental damage to the goods passes to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment; the stated delivery dates and deadlines are not fixed dates unless otherwise agreed or promised.

14. Cancellation policy

• Information regarding the right of withdrawal for consumers can be found in the seller's cancellation policy.
• The right of withdrawal does not apply to consumers whose residence, habitual abode or delivery address is outside a Member State of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract and delivery and who do not belong to any of these Member States.

15. Warranty and liability

• If a warranty is offered for the products in addition to the statutory warranty, this warranty is detailed in the product descriptions. Customers will be informed about the warranty terms and conditions.
• For used goods, the warranty is excluded for customers who are businesses. This reduction of the warranty period does not apply in cases of fraudulent intent, willful misconduct, gross negligence, injury to life, body or health, breach of essential contractual obligations on which the performance of the contract is essential and on which the customer may rely (cardinal obligations), in cases where the Product Liability Act applies, or for goods that, according to their usual purpose, were used for a building and the defect occurred in the building.
• If the customer is a business, they must, without prejudice to statutory obligations to give notice of defects, inspect the goods immediately and notify the supplier of any apparent defects in writing without delay, and of any hidden defects immediately upon discovery. Failure to inspect and report defects in a timely manner will result in the exclusion of the right to assert claims for defects.
• If the customer is an entrepreneur, the choice is between rectification (i.e., remedying the defect) of defective goods or replacement (delivery of defect-free goods) by the seller.
• Commercially acceptable, permissible or minor deviations in quality, weight, size, thickness, width, equipment, pattern, color, etc. are not defects.
• The seller assumes no liability for the customer's internet connection, the software and hardware used by the customer, or any disruptions to the establishment or performance of the contract between the customer and the seller caused by them.
• The seller is liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, for the breach of obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer regularly relies (cardinal obligations), or in the case of agreed guarantees. In this case, however, the seller is only liable for foreseeable, typical, and expected damages. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above. The aforementioned limitations of liability do not apply in cases of injury to life, body, or health, for defects after the assumption of a guarantee for the quality of the product, and in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents. Otherwise, claims for damages by the customer are excluded. The above liability provisions also apply to claims for damages by the customer within the scope of the seller's statutory warranty.

16. Changes to the Terms and Conditions

• The seller reserves the right to amend these terms and conditions at any time with future effect in the case of continuing obligations (i.e., contracts running over a longer period under which services and/or consideration are provided) in the following cases: a) If the amendment serves to bring the terms and conditions into compliance with applicable law, in particular if the applicable legal situation changes; b) If the amendment serves to comply with mandatory court or official decisions; c) If entirely new services or service elements, as well as technical or organizational processes, require a description in the terms and conditions; d) If the amendment is solely to the customer's advantage.
• In the case of customers who are entrepreneurs, changes may also be made in addition to the cases mentioned above, provided they are reasonable, appropriate and objectively justified for the customer.
• The seller will send the amended Terms and Conditions to the email address provided by the customer to the seller at least two weeks before they come into effect. If a customer does not object to the new Terms and Conditions within two weeks of receiving the email, the amended Terms and Conditions will be deemed accepted by the customer. With the notification of the changes, the seller will inform customers of the consequences of not objecting. Customers can also agree to the amended Terms and Conditions by providing their explicit consent.

17. Final Provisions

• The legal relationship between the customer, provided he is an entrepreneur, and the seller is governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

18. Dispute resolution and consumer dispute settlement

• The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/ Consumers have the option of using this platform to resolve their disputes.
• We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
•