General Terms and Conditions for the online shop of CDS Gesellschaft für innovative Steuerungstechnik mbH

1. General

   1. The following contractual provisions (GTC) apply to all contracts concluded with the customer (hereinafter: CUSTOMER) via the online shop of CDS Gesellschaft für innovative Steuerungstechnik mbH, Alfred-Nobel-Allee 49, 66793 Saarwellingen, Germany (hereinafter: CDS GmbH) under the domain growality.shop.

   2. These General Terms and Conditions contain special provisions for customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter: ENTREPRENEURS). These special clauses for commercial transactions are characterized by an explicit reference to ENTREPRENEURS and do not apply to transactions with consumers within the meaning of Section 13 of the German Civil Code (BGB).

   3. CDS GmbH does not recognize any deviating general terms and conditions of the customer unless CDS GmbH has expressly agreed to them in writing.

2. Conclusion of contract

   1. The CUSTOMER can place the desired products in the shopping cart by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping cart. During the ordering process, the CUSTOMER must enter the necessary contact details for shipping and payment and complete the order by clicking the “Buy” button.

   2. The CUSTOMER can correct input errors, in particular products placed in the shopping cart by mistake, by entering the desired quantity in the shopping cart and using the available buttons. During the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the browser's "forward" and "back" buttons.

   3. The presentation of the products in the CDS GmbH online shop represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER makes a binding offer to conclude a contract for the products contained in the shopping cart. CDS GmbH will immediately confirm receipt of the order by automated email. The contractual relationship is established through this automated order confirmation.

   4. The purchase contract is concluded with CDS Gesellschaft für innovative Steuerungstechnik mbH, Alfred-Nobel-Allee 49, 66793 Saarwellingen, Germany.

   5. The contract language is German.

3. Contract text storage

   The contract text is stored by CDS GmbH. The order data will be sent to the CUSTOMER separately in text form (e-mail). The General Terms and Conditions can also be accessed and printed in the online shop.

4. Right of withdrawal

   Consumers generally have a statutory right of withdrawal. The legal provisions regarding any existing right of withdrawal are contained exclusively in the cancellation policy, which is available to the CUSTOMER during the ordering process.

5. Prices and shipping costs

   1. The prices valid on the day of the order, as displayed in the online shop, apply.

   2. The prices displayed in the online shop are in euros and include VAT.

   3. When purchasing goods delivered in a parcel or otherwise by post, the following applies: The prices displayed in the online shop do not include shipping costs for packaging and postage. Shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before ordering.

   4. We offer free shipping. Information on the conditions under which shipping is free can be found on the shipping costs information page at https://growality.shop/pages/versand .

   5. In individual cases, additional taxes (e.g. in the case of an intra-community acquisition) and/or duties (e.g. customs duties) may have to be paid by the CUSTOMER for cross-border deliveries.

6. Payment terms

   1. CDS GmbH only accepts the payment methods offered during the ordering process in the online shop. The CUSTOMER selects his preferred payment method from the available payment methods.

   2. If payment is made via instant bank transfer (Klarna Sofort) from the Klarna Group - Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden - the CUSTOMER must have an activated online banking account with PIN/TAN procedure. At the end of the ordering process, the CUSTOMER will be asked to enter his account number, bank sort code, PIN and TAN in the form pre-filled by CDS GmbH (bank details, transfer amount, purpose of payment). The CUSTOMER will then receive immediate confirmation of the transaction. Further information can be found at https://www.klarna.com/sofort/ .

   3. If a delivery is made against payment by credit card, the CUSTOMER authorises the full invoice amount, including any delivery and shipping costs, to be charged to the relevant credit card company when due by providing his credit card details. At the end of the ordering process, the CUSTOMER will be asked to enter his credit card number, the expiration date of the credit card and the security code in the appropriate form. Depending on the amount of the payment or the type of delivery, the customer may be asked for a required second authentication feature by displaying the credit institution's website. The CUSTOMER must then verify the payment transaction with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or facial scan using a special app. Which type of identification is used depends on the respective payment service provider (e.g. the CUSTOMER’s credit card company). In this case, the debit will be initiated with the order confirmation. For further information, please contact your credit provider.

   4. If payment is made via PayPal of PayPal (Europe) S.à rl et Cie, SCA, 22 – 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and identify himself with his PayPal access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to CDS GmbH. You can also pay using PayPal without having a PayPal account. With regard to the PayPal guest function, the terms and conditions available via the payment method apply. If the CUSTOMER chooses to pay by credit card in PayPal, he or she may be asked for a required second authentication feature by displaying the credit institution's website, depending on the amount of the payment or the type of delivery. The CUSTOMER must then verify the payment transaction with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or facial scan using a special app. Further information can be found on the Paypal website at https://www.paypal.com/de/webapps/mpp/home .

   5. Payment via Klarna Purchase on account

      1. If the BUYER has selected the payment option of purchase on account, he must pay the invoice amount to Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: KLARNA) within 14 days of the invoice date.

      2. An invoice fee of EUR 3.25 will be charged up to a shopping cart value of EUR 100. An additional invoice fee of EUR 3.25 will be charged for each additional EUR 100 of shopping cart value.

      3. The CUSTOMER must provide KLARNA with his or her complete delivery and billing address.

      4. In case of default, KLARNA is entitled to demand default interest in accordance with Section 288 of the German Civil Code (BGB). KLARNA reserves the right to claim higher damages for delay. The CUSTOMER retains the option of claiming lower damages for delay.

      5. The CUSTOMER can also convert the invoice amount into an installment purchase with flexible installments. To do so, the CUSTOMER must pay KLARNA a partial amount of at least 1/24 of the respective invoice amount, but not less than EUR 6.95.

      6. KLARNA will indicate the minimum payment amount on the invoice.

      7. For amounts over EUR 200, the CUSTOMER must conclude a separate installment purchase agreement with KLARNA. The necessary documents will be sent to the CUSTOMER by post upon receipt of the partial payment from KLARNA. The CUSTOMER can access the relevant information and conditions at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account .

      8. If the CUSTOMER does not wish to convert the purchase to an installment purchase with flexible installments, he must notify KLARNA of this in text form within 10 days of payment.

      9. CDS GmbH or KLARNA is permitted to carry out a credit check – within the scope of what is legally permissible and taking into account the mutual interests worthy of protection. CDS GmbH or KLARNA reserves the right to exclude certain payment methods for orders – depending on the credit check. Further details are regulated by the data protection declaration of CDS GmbH.

   6. Payment via Klarna installment payment

      1. If the CUSTOMER has selected the installment purchase payment option, all purchases made by the CUSTOMER in online shops that offer KLARNA installment purchase will be summarized on one monthly invoice. The CUSTOMER must pay the stated invoice amount within 14 days of receipt of the monthly invoice by Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden.

      2. The minimum monthly rate is 1/24 of the total amount, but not less than EUR 6.95. The monthly installment purchase fee is EUR 0.45, regardless of the number of purchases made.

      3. The CUSTOMER can terminate the installment purchase at any time by paying the total outstanding amount to KLARNA.

      4. The CUSTOMER must provide KLARNA with his or her complete delivery and billing address.

      5. In case of default, KLARNA is entitled to demand default interest in accordance with Section 288 of the German Civil Code (BGB). KLARNA reserves the right to claim higher damages for delay. The CUSTOMER retains the option of claiming lower damages for delay.

      6. CDS GmbH also refers to the KLARNA installment purchase terms and conditions at https://cdn.klarna.com/1.0/shared/content/legal/de_de/account/terms.pdf .

      7. CDS GmbH or KLARNA is permitted to carry out a credit check – within the scope of what is legally permissible and taking into account the mutual interests worthy of protection. CDS GmbH or KLARNA reserves the right to exclude certain payment methods for orders – depending on the credit check. Further details are regulated by the data protection declaration of CDS GmbH.

   7. CUSTOMERS who are BUSINESSES within the meaning of Section 14 of the German Civil Code (BGB) are only entitled to offsetting rights if the counterclaims have been legally established, are undisputed or have been recognized by CDS GmbH, or if the opposing claims are based on the same legal relationship. This prohibition of offsetting does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

7. Delivery and shipping conditions – Information on calculating the delivery date

   1. Unless otherwise agreed with the CUSTOMER, the delivery of goods delivered in a parcel or by other means by post shall be made by post (parcel, package, letter, forwarding agent, etc.) to the delivery address provided by the CUSTOMER in the order.

   2. Delivery to packing stations is not possible.

   3. The delivery time is specified separately on the respective product detail page.

   4. The delivery time stated on the product detail page begins for advance payment on the working day following the CUSTOMER's payment order to the transferring credit institution, or for all other payment methods on the working day following the day the contract is concluded.

   5. In the case of deliveries to entrepreneurs, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the entrepreneur upon handover to the entrepreneur or to a person authorized to receive the goods, and in the case of a sale by dispatch, upon delivery of the goods to a suitable transport person. In the case of deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold item passes to the consumer upon handover of the goods to the consumer in accordance with Section 446 of the German Civil Code (BGB). With regard to the transfer of risk, it shall be deemed as if the CUSTOMER is in default of acceptance.

   6. Orders can be placed by all customers from the European Economic Area and, where applicable, other countries specified in the online shop and/or in the shipping costs table. Orders are only delivered to Germany and, if applicable, to the countries specified in the online shop and/or in the shipping costs table.

   7. In case of delivery delays, CDS GmbH will inform the CUSTOMER immediately.

   8. If the carrier returns the purchased item to CDS GmbH because delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs for reshipment. This does not apply if the CUSTOMER has exercised a possible right of withdrawal in parallel with the refusal of acceptance or if he has notified the circumstance that led to the impossibility of delivery is not responsible for or if the CUSTOMER was temporarily prevented from accepting the offered service, unless CDS GmbH had announced the service to him a reasonable time in advance.

8. Retention of title

   1. CDS GmbH reserves ownership of the sold items until the purchase price has been paid in full.

   2. The goods subject to retention of title may not be pledged to third parties or transferred as security by the CUSTOMER before full payment of the secured claims. The CUSTOMER must notify CDS GmbH immediately in writing if and to the extent that third parties access CDS GmbH’s goods.

   3. In the event of breach of contract by the CUSTOMER, in particular non-payment of the purchase price due, CDS GmbH is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of retention of title and withdrawal. If the CUSTOMER fails to pay the purchase price due, CDS GmbH may only assert these rights if the CUSTOMER has previously been unsuccessfully granted a reasonable period of time for payment or if such a period of time is unnecessary under the statutory provisions.

9. Warranty/liability for defects/obligation to give notice

   1. The rights in the event of defects in the purchased item are governed by the statutory provisions.

   2. Claims for defects by BUSINESSES who are merchants within the meaning of the German Commercial Code (HGB) require that they have properly fulfilled their obligations to inspect and give notice of defects pursuant to Section 377 of the HGB in text form within 14 calendar days of receipt of the goods. This obligation to give notice of defects does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

   3. The limitation period for claims for defects by CONTRACTORS is 12 months, calculated from the transfer of risk to the CONTRACTOR. This reduction of the warranty period does not apply to CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

10. Liability

    1. The CUSTOMER's claims for damages or reimbursement of wasted expenses against CDS GmbH are governed by these provisions, outside of warranty law and without regard to the legal nature of the claim.

    2. The liability of CDS GmbH is excluded – regardless of the legal grounds – unless the cause of the damage is based on intent and/or gross negligence on the part of CDS GmbH, its employees, its representatives or its vicarious agents. To the extent that the liability of CDS GmbH is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of CDS GmbH. The liability of CDS GmbH under the Product Liability Act remains unaffected (Section 14 ProdHG).

    3. CDS GmbH shall be liable in accordance with statutory provisions for damages resulting from injury to life, body or health that are based on an intentional, grossly negligent or negligent breach of duty by CDS GmbH or a legal representative or vicarious agent of CDS GmbH.

    4. If CDS GmbH at least negligently breaches an essential contractual obligation, i.e. an obligation the observance of which is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), Liability is limited to the damage typically incurred, i.e. to such damage that can typically be expected to occur within the framework of the contract. A material contractual or cardinal obligation in the aforementioned sense is one whose fulfillment makes the proper execution of this contract possible in the first place and on whose compliance the CUSTOMER regularly relies and may rely.

11. Data storage and data protection

    Only the data protection provisions of the data protection declaration on the website https://growality.shop/ apply.

12. Notice pursuant to Art. 14 ODR Regulation

    1. CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB) have the option of conducting an online dispute resolution procedure on the EU portal “Your Europe” ( https://europa.eu/youreurope/citizens/index_de.htm ) with the assistance of a recognized dispute resolution body. For this purpose, you can use the EU online dispute resolution platform at the URL https://ec.europa.eu/consumers/odr/ .

    2. The online dispute resolution procedure is not a mandatory requirement for recourse to the competent ordinary courts, but represents an alternative option for resolving differences that may arise within the framework of a contractual relationship.

    3. Other national provisions governing the conduct of arbitration proceedings remain unaffected by the above provisions in clauses 12.1 and 12.2.

13. Notice according to § 36 VSBG

    1. For CUSTOMERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB), there is generally the possibility of seeking alternative dispute resolution within the meaning of Section 36 of the German Consumer Dispute Resolution Act (VSBG).

    2. The alternative arbitration procedure is not a mandatory prerequisite for recourse to the competent ordinary courts, but represents an alternative possibility for resolving differences that may arise within the framework of a contractual relationship.

    3. CDS GmbH does not participate in the alternative dispute resolution procedure within the meaning of Section 36 VSBG.

14. Final provisions

    1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

    2. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply 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 habitual residence.

    3. If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of CDS GmbH at Alfred-Nobel-Allee 49, 66793 Saarwellingen, Germany.

    4. The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is unknown at the time the action is brought. CDS GmbH’s right to bring proceedings before a court at another legal place of jurisdiction remains unaffected.