Allgemeine Geschäftsbedingungen

I. Scope

1. These general terms and conditions (GTC) apply to all legal transactions between us, Pinsoris GmbH and the customer and form the basis of all our deliveries and services. The version valid at the time of the conclusion of the contract is authoritative.
2. Our general terms and conditions apply exclusively. Any terms and conditions of the customer that are contrary to our GTC or contain deviating terms and conditions are only valid if we have expressly agreed to them in writing in advance.
3. Customers within the meaning of these GTC are exclusively entrepreneurs within the meaning of § 14 BGB, associations as defined by §§ 21, 22 BGB, legal entities under public law or special funds under public law..
   We do not accept orders from consumers within the meaning of § 13 BGB and do not deliver to them.

II. Offer and conclusion of contract

1. Our offers are always subject to change. The presentation and offer of goods and services from us in catalogues, advertising brochures, on the Internet etc. does not constitute a binding offer of contract.
2. The contract between the customer and us shall only come take place through an order from the customer and its acceptance by us. A confirmation of the receipt of the order by us does not yet represent an acceptance. In case of acceptance we will send an order confirmation by email or fax.

III. Prices

1. Our prices are to be understood as pure net prices from our company headquarters, plus the statutory value added tax in EURO valid on the day of invoicing.
2. The prices quoted on our website are subject to the reservation that the order data on which the customers offer is based remains unchanged.

IV. Terms of payment

1. We accept the following forms of payment to fulfil the customers payment obligations:
   • Payment in advance - bank transfer
   • Payment in advance - PayPal
   • Buying on account
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2. When paying in advance - Paypal or bank transfer, payment must be made immediately after receipt of the order confirmation, with no discount, to one of our business accounts.
3. Should buying on account be agreed upon, payment of the full invoice amount must be made within 10 days after delivery of the invoice. In the case of buying on account, we reserve the right to carry out a credit assessment and, if necessary, to refuse buying on account.
4. The customer may only proceed if their claim against us has been legally established or is undisputed.
5. The customer may only exercise a right of retention if their claim is based on the same contractual relationship.

V. Delivery / Transfer of risk / Place of performance

1. Delivery is only possible within Germany, the European Union and Switzerland. The delivery is free.
2. The indicated delivery time is always non-binding. In case of extended freight times, manufacturers holidays, a possible customs inspection or in cases of force majeure, the stated delivery times may be extended. Fixed dates given by the customer without prior agreement and without our confirmation are not binding.
3. If necessary, fixed dates can be agreed on separately between the customer and us and require the written form and the express confirmation of both parties of the contract to be valid.
4. Disruptions in business operations due to force majeure, strikes or lockouts for which we are not responsible, as well as delayed deliveries from our suppliers, which lead to disruptions in our business operations, extend the non-binding delivery times. Fixed dates are also included in this. If a fixed date cannot be met due to an event which is caused by force majeure, we undertake to inform the customer immediately about these circumstances. If the delivery is delayed for another eight (8) weeks from the fixed date, the customer is entitled to withdraw from the contract. A delay in delivery on our part does not justify the exclusion of the contractual parties obligation to perform. There is no claim for compensation for damages or application.
5. In the event of a delay in delivery for which we are responsible, the customer shall only be entitled to assert further rights if we have been granted a reasonable grace period in writing.
6. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by delivery to a place other than the place of performance upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
7. The place of fulfilment for all contractual obligations is our company headquarters.

VI. Retention of ownership

1. We shall retain ownership of the goods until full settlement of all claims arising from the entire time of the business relationship with the customer. This shall also apply if the goods are resold to third parties or processed with objects not belonging to us.
2. The customer is entitled to resell the goods in the normal course of business. The customer hereby assigns to us all existing and future claims against a third party which accrue to him from the resale of the goods. At our request, the customer shall provide us with the information required for the collection regarding the assigned claims and shall disclose the assignment to the customer’s debtors.

VII. Notice of defects / Warranty

1. If the delivered goods have defects, the legal regulations according to § 377 HGB (German Commercial Code) apply with the proviso that the notification of the defect must be made in writing within a period of 3 working days after delivery.
2. Warranty claims of the customer presuppose that the customer has duly fulfilled his obligations according to § 377 HGB. In the event of a breach of the obligation to inspect and give notice of defects, the delivery shall be deemed approved regarding the defect in question.
3. Hidden defects must be reported to us in writing immediately after discovery, but no later than 12 months after delivery.
4. In the event of a justified notification of defects in defective goods within the time limit, the customer shall be entitled to the statutory warranty rights to the exclusion of claims for damages.
5. Slight colour deviations may occur due to technical reasons and cannot always be avoided; they are therefore to be tolerated by the customer.
6. Defects of a part of the delivery cannot lead to a complaint about the entire delivery.
7. The customers claims for defects shall become time-barred after one (1) year unless we have fraudulently concealed the defect. In the latter case, the claims shall become statute-barred within the statutory period of limitation. The beginning of the limitation period shall be determined in each case in accordance with the statutory provisions.

VIII. Liability / Compensation

1. We are liable in accordance with the statutory provisions. Further claims of the customer are excluded. We shall in particular not be liable for damages that have not occurred to the delivery item itself, for loss of profit or other financial losses of the customer. Our obligation to pay compensation is limited to the foreseeable, typically occurring damage. Claims for damages due to consequential harm caused by a defect, positive breach of contract, culpa in contrahendo and tort shall only exist if we are responsible for gross negligence or intent. The claims are subject to a limitation period of 12 months calculated from the transfer of risk.

IX. Industrial property rights / Copyright

1. The customer shall be solely liable if our processing of their order infringes the rights of third parties, in particular copyrights, trademark rights, patent rights, design patent rights, other industrial property rights of third parties, licences or German criminal law. The customer undertakes to indemnify us from all claims of third parties on account of such an infringement of rights. The customer is solely responsible for examining the right of reproduction and distribution of all graphics, images and texts made available to us.
2. We reserve the property rights and copyrights to all of our own artistic work (our own sketches, drafts, final artwork and the like) as well as the designs of illustrations, drawings, articles and other documents finally used in this respect. They may only be used by customers or other third parties with our express written consent.
3. We are entitled to use and illustrate articles produced on behalf of the customer for advertising purposes or as samples. In addition, we reserve the right to affix our company or brand name on the back or other suitable place on the delivered goods

X. Archiving / publication of samples

1. The samples, templates, data and data carriers sent to us by the customer will only be archived beyond the time of delivery of the final product to the customer by express agreement and, if applicable, against special remuneration. In the absence of any express agreement, the customer renounces to the right to return the above-mentioned items and agrees with us that we shall acquire ownership of them free of charge.

XI. Data protection

1. We use all personal data provided by the customer exclusively for business purposes and for communication with the customer. The data will of course be treated confidentially. The sale, transfer, or other transmission of the customers personal data to third parties does not take place, unless this is necessary for the purpose of order processing (e.g. to forwarding agents for the purpose of delivery of goods).

XII. Exclusion of the obligations under § 312 e para. 1 No. 1 - 3 BGB

1. The obligations in electronic business transactions according to § 312 e para. 1 No. 1 - 3 BGB are hereby excluded.

XIII. Place of jurisdiction / Choice of law

1. German law shall apply exclusively to all contracts concluded with us. UN sales law is excluded.
2. The place of jurisdiction for all claims of the contracting parties is Waldshut-Tiengen.

XIV. Severability Clause

1. Should any of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. In such a case, the invalid provision shall be reinterpreted or supplemented in such a way that the economic purpose intended by the invalid provision is achieved.

Pinsoris GmbH
Tannenweg 8
79793 Wutöschingen
Germany
Directors:	Lorenz Bernauer und Patrick Bernauer
Phone:	0049 7746 475 955 02
Email:	service@pin-1.eu
Internet:	www.pin-1.eu
VAT-ID-Nr:	DE309980769
Location of the company:	Wutöschingen
Register court:	Amtsgericht Freiburg
Registration number:	HRB 715645

Wutöschingen, den 18.02.2020