General Terms and Conditions 1 Scope of application 1.1 The following General Terms and Conditions (GTC) apply to all orders placed via the online shop by consumers and entrepreneurs.consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. 1.2 The following applies to entrepreneurs: Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless they are expressly confirmed in writing. 2 Contractual partner 2.1 The purchase contract is concluded with: Efia GmbH represented by Andrea K. Drechsler-Trimis and Manfred KrausKönigstraße 70 90402 NurembergCommercial Register: Nuremberg Local CourtHRB 26653 3 Offer and conclusion of contract 3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to order. 3.2 By clicking on the button [Buy/Order with costs] you place a binding order for the goods listed on the order page. The purchase contract is concluded depending on the selected payment method: Credit card: we accept the customer’s order by sending the declaration of acceptance in a separate email or by delivering the goods within two days. PayPal: During the order process you will be redirected to the website of the provider PayPal. There you can enter your data and confirm the payment instruction to PayPal. After placing the order in the online shop, we request PayPal to initiate the payment transaction and thereby accept the offer. Sofort by Klarna: After the customer has placed the order, they will be redirected to the website of Sofort GmbH. Here the customer can confirm the payment instruction. This concludes the contract with us. Giropay: After placing the order, the customer is redirected to the website of his bank. There he can confirm the payment instruction to his bank. This concludes the contract with us. Paydirekt: After placing the order, the customer is redirected to the paydirekt website. There the customer can confirm the payment instruction to paydirekt. After placing the order, we request paydirekt to initiate the payment transaction and thereby accept the customer’s offer. 3.3 The German language is available for the conclusion of the contract. We save the text of the contract and send the customer the order data and our GTC in text form. The customer can view the text of the contract via ‘My Account’ on our website. 4 Prices and shipping costs 4.1 The prices stated on the product pages include statutory VAT and other price components. 4.2 We offer the customer the following payment options as standard Credit card: When placing the order, the customer enters his credit card details. Once the customer has been legitimised as the legitimate cardholder, the payment transaction is carried out automatically immediately after the contract is concluded and the customer’s card is debited. PayPal: During the ordering process, the customer is redirected to the PayPal website. To be able to pay the invoice amount via PayPal, the customer must be registered with PayPal or register for the first time, legitimise themselves with their payment details and confirm the payment instruction. After placing the order in the online shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. The customer receives additional information during the order process. Sofort by Klarna: After placing the order, the customer is redirected to the website of Sofort GmbH. In order to be able to pay the invoice amount, the customer must have a bank account activated for online banking, legitimise themselves and confirm the payment instruction. The customer will receive further instructions during the order process. The payment transaction is then carried out immediately by Sofort GmbH and the customer’s account is debited. Giropay: After placing the order, the customer is redirected to the website of his bank. In order to be able to pay the invoice amount via Giropay, the customer must have a bank account activated for online banking, legitimise himself and confirm the payment instruction to us. The customer will receive further instructions during the order process. The payment transaction is carried out immediately afterwards and the customer’s account is debited. Paydirekt: After placing the order, the customer is redirected to the paydirekt website. In order to be able to pay the invoice amount via paydirekt, the customer must have a bank account activated for participation in paydirekt, be registered with paydirekt or first register, legitimise with access data and confirm the payment instruction. Immediately after confirmation, we request paydirekt to initiate the payment transaction. The payment transaction is carried out automatically by paydirekt. The customer will receive further instructions during the order process. 4.3 The current payment options can be found on the product pages, in the shopping basket system and on the order page. 4.4 In addition to the stated prices, delivery costs may apply. The delivery costs will be clearly communicated to you again on the product pages, in the shopping basket system and on the order page. 4.5 In the case of payment by cash on delivery, an additional fee of X.XX euros will be charged by the deliverer on site. No further taxes or costs are incurred. 5. right of cancellation 5.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of cancellation in accordance with the statutory provisions. 5.2 If you as a consumer make use of your right of cancellation in accordance with section 5.3, you will receive a free return label from us for the return shipment. In all other respects, the provisions set out in detail in the following apply to the right of cancellation 5.3 Cancellation policy: Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of cancellation, you must inform us [EFIA GmbH, Königstraße 70, 90402 Nuremberg, shop@efia.de] of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached sample cancellation form, but this is not mandatory. You can also fill in and send the sample cancellation form or another clear declaration electronically on our website (insert Internet address). If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail). In order to comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. 5.4 Consequences of cancellation If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. End of the cancellation policy (This cancellation policy applies from 01.11.2023. It does not apply to the separate delivery of goods) 6 Delivery 6.1 Delivery is made within Germany with GLS, TNT/FEDEX or DHL. 6.2 The delivery time is usually up to 3 days. We point out any deviating delivery times on the respective product page. 6.3 We only deliver by dispatch, collection of the goods by the customer is not possible. 7 Retention of title 7.1 The goods shall remain our property until payment has been made in full. 7.2 The following shall additionally apply to entrepreneurs: We reserve title to the delivered goods until full payment of all our claims to which we are entitled from the current business relationship. The customer may sell the goods subject to retention of title in the ordinary course of business; the customer assigns to us in advance all claims arising from this resale in the amount of the invoice amount. We accept this assignment. The customer remains authorised to collect the claims, but we are also entitled to collect the claims ourselves if the customer does not meet his payment obligations. 8 Liability 8.1 We shall be liable in accordance with the statutory provisions. 8.2 For claims based on damages caused by us, our legal representatives or vicarious agents, we shall be liable without limitation – in the event of injury to life, limb or health, – in the event of wilful or grossly negligent breaches of duty, – in the event of the provision of guarantees, insofar as agreed and – as far as the scope of application of the Product Liability Act is open. In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which our contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded 8.3 The following shall also apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to the customer as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants 9 Place of fulfilment, place of jurisdiction and final provisions 9.1 If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes shall be our registered office. The same applies if the customer has no place of jurisdiction in Germany. However, we are also entitled to sue the customer at the court of his place of residence. 9.2 The following applies to entrepreneurs: These GTC and all purchase contracts concluded in accordance with these terms and conditions are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 10. dispute resolution The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: Online Dispute Resolution | European Commission . We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.