Terms and Conditions

General Terms and Conditions with Customer Information

Contents

1. Scope
2. Conclusion of the contract
3. Purchase on approval – seven days to inspect the goods
4. Right of withdrawal
5. Prices and payment terms
6. Delivery and shipping terms
7. Retention of title
8. Liability for defects (statutory warranty)
9. Liability
10. Special conditions for processing goods according to the customer's specifications
11. Special conditions for repair services
12. Redemption of promotional vouchers
13. Redemption of gift vouchers
14. Applicable law
15. Jurisdiction
16. Consumer dispute resolution
17. Conclusion of contracts for purchases and commissions by DDoptics

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of DDoptics Germany Optische Geräte & Feinwerktechnik GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods concluded between a consumer or a business customer (hereinafter “Customer”) and the Seller in relation to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the supply of vouchers, unless otherwise stipulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 A business customer within the meaning of these GTC 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 trade, business or profession.

1.5 Sections 1 to 16 govern contracts under which DDoptics sells goods or provides services to customers. Section 17 contains a separate rule on the conclusion of contracts with businesses under which DDoptics itself acts as the purchaser or commissioning party. Sections 2 to 16 do not apply to these purchasing and procurement contracts by virtue of these terms.

2) Conclusion of the contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping basket by clicking the button that completes the ordering process. The Customer may also submit an offer to the Seller by telephone, fax, email, post or 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 email), with receipt of the order confirmation by the Customer being decisive, or
• by delivering the ordered goods to the Customer, with receipt of the goods by the Customer being decisive, or
• by requesting payment from the Customer after the order has been placed.

If more than one of the above alternatives occurs, the contract is concluded when the first of them occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following dispatch of the offer. If the Seller does not accept the Customer's offer within this period, this is deemed a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 When an offer is submitted using the Seller's online order form, the Seller stores the contract text after the contract has been concluded and sends it to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller does not provide any further access to the contract text. If the Customer created a user account in the Seller's online shop before submitting the order, the order details are archived on the Seller's website and may be accessed free of charge through the Customer's password-protected user account using the relevant login details.

2.5 Before submitting a binding order using the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on screen. The browser's zoom function, which enlarges the on-screen display, may be an effective technical aid for identifying input errors. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.6 Contracts may be concluded in German or English.

2.7 Order processing and contact generally take place by email and through automated order processing. The Customer must ensure that the email address provided for order processing is correct and can receive emails sent by the Seller. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Purchase on approval – seven days to inspect the goods

3.1 If you select “Purchase on approval”, you receive the goods with an invoice and an extended payment deadline. You have seven days to inspect and try out the goods at your leisure. The inspection period begins on the day after you receive the goods.

3.2 If you wish to keep the goods, pay the relevant invoice by the payment deadline stated on it. However, payment does not become due before the day after your seven-day inspection period ends. If the payment deadline stated on the invoice is earlier, it is extended accordingly.

3.3 If you do not wish to keep the goods, send them back within the inspection period. Dispatch within that period is sufficient. Alternatively, you may notify us within the inspection period that you do not wish to purchase the goods, for example by email. In that case, send the goods back within the following seven days at the latest. You do not have to pay the purchase price for the returned goods.

If you neither return the goods nor notify us within the inspection period that you do not wish to purchase them, this is deemed a decision to keep the goods. The purchase then becomes binding.

3.4 Please handle the goods with care and inspect them only to the extent necessary to assess their nature, characteristics and functioning. You may be liable for any loss in value caused by use beyond this extent. You bear the return shipping costs for a purchase on approval unless we have agreed otherwise.

3.5 Your statutory right of withdrawal remains unaffected. This also applies to any longer withdrawal period granted by us. You may exercise these rights independently of the purchase on approval, including if you have already paid for the goods. Details are provided in our withdrawal policy.

4) Right of withdrawal

4.1 Consumers generally have a right of withdrawal.

4.2 Further information on the right of withdrawal is provided in the Seller's withdrawal policy.

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

5) Prices and payment terms

5.1 Unless otherwise indicated in the Seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

5.2 Deliveries to countries outside the European Union may incur additional costs in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs of transferring money through credit institutions (e.g. transfer fees or exchange rate charges) or import duties and taxes (e.g. customs duties). Such money transfer costs may also arise if delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

5.3 The available payment methods are communicated to the Customer in the Seller's online shop.

5.4 If advance payment by bank transfer has been agreed, payment is due immediately after the contract is concluded unless the parties have agreed a later due date.

5.5 PayPal instalment payments If you select PayPal instalment payments, the financing is provided by PayPal. PayPal decides whether instalment payments are offered and approved. The term, any interest and the other conditions are displayed during the payment process and agreed directly between you and PayPal.

We remain your point of contact for questions about your order, delivery, returns or complaints. Your right of withdrawal and your statutory rights in respect of defects remain unaffected.

5.6 If you select “Purchase on approval”, the provisions of Section 3 apply to inspection of the goods, returns and payment. The specific payment deadline is stated on the relevant invoice.

5.7 If purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 30 (thirty) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer purchase on account only up to a certain order value and to reject this payment method if that value is exceeded. In that case, the Seller will inform the Customer of the relevant payment restriction in the payment information in its online shop. The Seller also reserves the right to carry out a credit check when purchase on account is selected and to reject this payment method if the credit check is negative.

5.8 If the “PayPal invoice” payment method is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal carries out a credit check using the Customer data transmitted to it. The Seller reserves the right to refuse the “PayPal invoice” payment method if the check is negative. If PayPal approves the “PayPal invoice” payment method, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment deadline. In this case, the Customer can discharge the payment obligation only by paying PayPal. Even if the claim is assigned, the Seller remains responsible for general customer enquiries, for example concerning the goods, delivery times, shipping, returns, complaints, withdrawal notices and returns following withdrawal, or credit notes. In addition, PayPal's general terms of use for purchase on account apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

5.9 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the payment pre-notification period has expired. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the pre-notification period has expired. Pre-notification means any communication (e.g. invoice, policy or contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds or incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer must bear the fees charged by the relevant credit institution for the returned debit if the Customer is responsible for it. The Seller reserves the right to carry out a credit check when the SEPA direct debit payment method is selected and to reject this payment method if the credit check is negative.

5.10 If the “PayPal direct debit” payment method is selected, PayPal collects the invoice amount from the Customer's bank account on the Seller's behalf after a SEPA direct debit mandate has been issued, but not before the payment pre-notification period has expired. Pre-notification means any communication (e.g. invoice, policy or contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds or incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer must bear the fees charged by the relevant credit institution for the returned debit if the Customer is responsible for it.

6) Delivery and shipping terms

6.1 If the Seller offers shipping, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address provided during the Seller's order processing is decisive for the transaction. By way of exception, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

6.2 If delivery fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods to the Customer if the Customer validly exercises their right of withdrawal. If the Customer validly exercises their right of withdrawal, the provisions on return costs in the Seller's withdrawal policy apply.

6.3 If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or organisation appointed to carry out shipment. If the Customer acts as a consumer, this risk generally passes only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, this risk also passes to a consumer as soon as the Seller has handed the goods over to the freight forwarder, carrier or other person or organisation appointed to carry out shipment if the Customer commissioned that person or organisation to carry out the shipment and the Seller had not previously named that person or organisation to the Customer.

6.4 The Seller reserves the right to withdraw from the contract if its own supplier fails to supply it correctly or properly. This applies only if the non-delivery is not the Seller's responsibility and the Seller has, with due care, concluded a specific corresponding procurement transaction with its supplier. The Seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partly available, the Customer will be informed without delay and any consideration paid will be refunded without delay.

6.5 If the Seller offers collection, the Customer may collect the ordered goods at the address and during the business hours specified by the Seller. No shipping costs are charged in that case.

6.6 Vouchers are made available to the Customer as follows:

• by download
• by email
• by fax
• by post

7) Retention of title

7.1 In dealings with consumers, the Seller retains ownership of the goods delivered until the purchase price owed has been paid in full.

7.2 In dealings with business customers, the Seller retains ownership of the goods delivered until all claims arising from an ongoing business relationship have been settled in full.

7.3 If the Customer acts as a business customer, they may resell goods subject to retention of title in the ordinary course of business. The Customer assigns to the Seller in advance all claims against third parties arising from such resale up to the respective invoice value, including VAT. This assignment applies regardless of whether the goods are resold with or without processing. The Customer remains authorised to collect the claims after assignment. The Seller's right to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer fulfils their payment obligations to the Seller, is not in default of payment and no application to open insolvency proceedings has been filed.

8) Liability for defects (statutory warranty)

Unless otherwise provided below, the statutory provisions on liability for defects apply. The following deviations apply to contracts for the supply of goods:

8.1 If the Customer acts as a business customer,

• the Seller may choose the form of subsequent performance;
• for new goods, the limitation period for defects is one year from delivery;
• rights and claims in respect of defects in used goods are excluded;
• the limitation period does not restart if a replacement is supplied under the liability for defects.

8.2 The limitations of liability and shortened limitation periods above do not apply

• to the Customer's claims for damages or reimbursement of expenses;
• if the Seller fraudulently concealed a defect;
• to goods used for a building in accordance with their customary use which caused that building to be defective;
• to any obligation of the Seller to provide updates for digital products under contracts for the supply of goods with digital elements.

8.3 Furthermore, for business customers, the statutory limitation periods for any statutory right of recourse remain unaffected.

8.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and notify defects under Section 377 HGB. If the Customer fails to comply with the notification duties provided for there, the goods are deemed approved.

8.5 If the Customer acts as a consumer, they are asked to report obvious transport damage to the carrier and inform the Seller. Failure to do so has no effect on the Customer's statutory or contractual claims in respect of defects.

9) Liability

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

9.1 The Seller is liable without limitation, regardless of the legal basis,

• in cases of intent or gross negligence;
• in cases of intentional or negligent injury to life, body or health;
• under a guarantee, unless otherwise stipulated in that respect;
• under mandatory liability rules, such as the German Product Liability Act.

9.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies under the preceding subsection. Essential contractual obligations are obligations imposed on the Seller by the contract to achieve its purpose, the fulfilment of which makes proper performance of the contract possible in the first place and on compliance with which the Customer may regularly rely.

9.3 Any other liability of the Seller is excluded.

9.4 The liability provisions above also apply to the Seller's liability for its agents in performance and legal representatives.

10) Special conditions for processing goods according to the customer's specifications

10.1 If the contract requires the Seller to process goods according to the Customer's specifications in addition to supplying them, the Customer must provide all content required for processing, such as text, images or graphics, in the file formats, formatting, image sizes and file sizes specified by the Seller, and grant the Seller the necessary rights of use. The Customer alone is responsible for obtaining the content and the rights to it. The Customer declares and accepts responsibility for having the right to use the content supplied to the Seller. In particular, the Customer must ensure that no third-party rights are infringed, including copyrights, trademark rights and personality rights.

10.2 The Customer indemnifies the Seller against claims that third parties may assert against the Seller in connection with an infringement of their rights through the Seller's use of the Customer's content in accordance with the contract. The Customer also bears the necessary costs of legal defence, including all court costs and lawyers' fees at the statutory rates. This does not apply if the Customer is not responsible for the infringement. If a third party brings a claim, the Customer must provide the Seller without delay with all information necessary to examine the claim and defend against it, truthfully and in full.

10.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer breaches statutory or official prohibitions or public morals. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.

11) Special conditions for repair services

If the contract requires the Seller to repair an item belonging to the Customer, the following applies:

11.1 Repairs are carried out at the Seller's premises.

11.2 The Seller may, at its discretion, provide the services itself or through qualified personnel selected by it. The Seller may also use third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller's service description, the Customer has no right to select a particular person to perform the requested service.

11.3 The Customer must provide the Seller with all information necessary to repair the item, unless obtaining that information is the Seller's contractual responsibility. In particular, the Customer must provide a comprehensive description of the fault and disclose all circumstances that may have caused it.

11.4 Unless otherwise agreed, the Customer must send the item to be repaired to the Seller's premises at the Customer's own cost and risk. The Seller recommends taking out transport insurance. The Seller also recommends using suitable transport packaging to reduce the risk of transport damage and conceal the contents. The Seller will inform the Customer of any obvious transport damage without delay so that the Customer can assert any rights against the carrier.

11.5 The item is returned at the Customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the Customer when it is handed over to a suitable carrier at the Seller's business premises. At the Customer's request, the Seller will take out transport insurance for the item.

11.6 The Customer may also bring the item to be repaired to the Seller's premises and collect it afterwards if this is provided for in the Seller's service description or agreed between the parties. In that case, the provisions above on costs and risk for shipment and return shipment apply accordingly.

11.7 The above provisions do not restrict the Customer's statutory rights in respect of defects where goods have been purchased from the Seller.

11.8 The Seller is liable for defects in the repair service under the statutory provisions on liability for defects.

12) Redemption of promotional vouchers

12.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period, and which cannot be purchased by the Customer (hereinafter “promotional vouchers”), may be redeemed only in the Seller's online shop and only during the specified period.

12.2 Individual products may be excluded from the voucher promotion if the voucher states a corresponding restriction.

12.3 Promotional vouchers may be redeemed only before the ordering process is completed. They cannot be applied retrospectively.

12.4 Only one promotional voucher may be redeemed per order.

12.5 The value of the goods must be at least equal to the value of the promotional voucher. The Seller will not refund any remaining balance.

12.6 If the promotional voucher does not cover the order value, one of the other payment methods offered by the Seller may be used to pay the difference.

12.7 Promotional voucher balances are neither paid out in cash nor interest-bearing.

12.8 A promotional voucher is not refunded if the Customer returns goods paid for wholly or partly with it when exercising their statutory right of withdrawal.

12.9 Promotional vouchers are transferable. The Seller may discharge its obligations by providing performance to the respective holder redeeming the promotional voucher in the Seller's online shop. This does not apply if the Seller knows, or is grossly negligent in not knowing, that the holder is not entitled to redeem it, lacks legal capacity or lacks authority to represent the entitled person.

13) Redemption of gift vouchers

13.1 Vouchers available for purchase through the Seller's online shop (hereinafter “gift vouchers”) may be redeemed only in the Seller's online shop unless otherwise stated on the voucher.

13.2 Gift vouchers and their remaining balances may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances are credited to the Customer until the expiry date.

13.3 Gift vouchers may be redeemed only before the ordering process is completed. They cannot be applied retrospectively.

13.4 Only one gift voucher may be redeemed per order.

13.5 Gift vouchers may be used only to purchase goods, not to purchase further gift vouchers.

13.6 If the gift voucher does not cover the order value, one of the other payment methods offered by the Seller may be used to pay the difference.

13.7 Gift voucher balances are neither paid out in cash nor interest-bearing.

13.8 Gift vouchers are transferable. The Seller may discharge its obligations by providing performance to the respective holder redeeming the gift voucher in the Seller's online shop. This does not apply if the Seller knows, or is grossly negligent in not knowing, that the holder is not entitled to redeem it, lacks legal capacity or lacks authority to represent the entitled person.

14) Applicable law

14.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident.

14.2 Furthermore, this choice of law does not apply in relation to the statutory right of withdrawal for consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at that time.

15) Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims under it are attributable to the Customer's professional or business activities. In the above cases, however, the Seller is always entitled to bring proceedings before the court at the Customer's registered office.

16) Consumer dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

17) Conclusion of contracts for purchases and commissions by DDoptics

17.1 Scope. This provision applies exclusively to contracts with businesses under which DDoptics Germany Optische Geräte & Feinwerktechnik GmbH itself purchases goods or commissions services. These include, in particular, orders for goods, production orders, film and video productions, advertising services, other services and collaborations. Orders placed by customers with DDoptics, particularly in the online shop, are not affected.

17.2 Written contract and signature. These contracts are subject to an express reservation concerning their conclusion: DDoptics intends to be bound only by a written contract signed by hand on behalf of DDoptics by its management. The contract is to be signed by Axel Drescher or Constance Köppel in compliance with the rules on representation applicable at the time. Any further signature required under those rules remains necessary.

17.3 Discussions alone do not constitute an order. Oral conversations, nodding, meetings, requesting or receiving a quotation, and a mere exchange of emails without a contract signed as required do not fulfil this reservation concerning the conclusion of the contract. The signature of any other employee does not replace the required signature by management. The contractor should begin performance only after receiving the contract signed as required.

17.4 Statutory limits. The statutory priority of valid individual agreements and mandatory statutory provisions remain unaffected.