General Terms and Conditions of Trade

1. General
1.1 Our offers and supplies take place solely on the basis of these general busines conditions (GTCT). Upon placing the order and acceptance of the respective goods by the customer, the customer also accepts our GTCT and waives any right to enforce an own GTCT.
1.2 Our hardware products are sold only to tradespersons in compliance with §14 German Civil Code (BGB). The passing on and reselling to private people and consumers according to §13 German Civil Code (BGB) is not permitted and therefore precluded.
1.3 Definitions
“Customer” is defined as any natural or legal person who can act as a recipient of a commodity or a message from Perfinity GmbH via remote communication. It refers to business connections if the customer is a contractor according to §14 German Civil Code (BGB).
2. Offer and formal contract
2.1 Our goods in the Shop are offered subject to confirmation and are presented in the form of an invitation for customers to make their offers. We reserve the right to change specifications, the equipment of the goods as well as the prices at any time. The customer delivers the order by filling out the given form fields, and the order is sent to us with “mouse click”, or otherwise. Purchase contracts are only generated on the basis of our confirmation via telecommunication, and respectivly, our goods delivery.
2.2 We reserve the right only to perform deliveries upon prepayment or cash on delivery and, in individual cases, also to reject orders without any indication of reasons.
3. Delivery and service conditions
3.1 The times for delivery specified by us are non-binding as long as we have not confirmed them yet. All delivery times are stated subject to the reservation of punctual self-delivery. The delivery periods begin with the day of our acceptance of the order. The date of delivery is considered as fulfilled if the commodity has been brought to dispatch or picked up on the agreed date.
3.2 If a binding delivery time specified by us has been exceeded, the customer can grant a grace period of up to four weeks in written form. Upon expiry without avail, the customer is entitled to cancel the sales contract by written declaration.
3.3 Delivery or service delays by reason of force majeure rendering on-time delivery difficult or impossible do not have to be accounted for by us even in the event of binding agreed upon deadlines. In this case we are entitled to a delay during the obstruction with added start-up time, or to cancel the contract completely. The extension of the time for delivery occurs only upon the immediate notification of the customer. The customer is entitled to cancel the contract if the delay lasts more than four weeks and the customer declares this in written form. In that case we will repay the customer immedately for any expenses in connection with the delay.
4. Delivery and transfer of risks
4.1 The shipping is forwarded to the delivery address indicated by the customer. The dispatch modalities and route is left to our own discretion if not otherwise agreed upon.
4.2 If the delivery delays are due to the wish or fault of the customer, the commodity will be singled out and stored at the customer’s own cost and risk. After handing over the commodity to a parcel service or when it leaves stock, the risks are borne by the parcel service or the customer, repectively.
4.3 Upon damage claims from our side, the customer is allowed to verify whether only a minor or no damage has occurred. In business dealings it is allowed for us to verify whether a larger damage has been incurred. The customer is obliged to accept partial deliveries.
5. Prices and payment
5.1 The prices indicated in the online shop are gross prices in euros (European currency). The dispatch and packaging costs are calculated in addition if no other condition has been negotiated in writteen form. The value-added tax is displayed separately in the calculation. The payment is to be made without discount in the way and by the date of payment specified by the customer’s order and aknowledged by us.
5.2 In the case of a payment delay, we shall charge interest amounting to 3% of the total receivables. Added to this is the reimbursement for all other costs (lawyer’s fees and legal charges, etc.).
6. Retention of title
6.1 The commodity delivered by us remains our property up to the complete payment and final cashing of all charges. In the case of a customer’s insolvency, we are entitled to an immediate return of property and the cancellation of the contractual relationship irrespective of our other rights. The customer authorizes us to retract the retained goods without respective entitlements. The retraction of the goods is not considered as as an avoidance of contract as long as we do not declare so expressly in writing.
6.2 The customer is entitled to resell our retained commodity as a proper business transaction. All claims which arise from this are relinquished to us by the customer in advance, but the customer still remains entitled to those claims. On demand, the customer has to disclose to us the assigned claims and their debtor and forward to us all documents required to assert the claim. The customer is not entitled to pawn or chattel mortgage the retained commodity.
6.3 In the connection of retained commodity with third-party goods, we are entitled to a co-ownership share in the proportion of the order value of the retained commodity to the worth of the other goods. The customer at this point already transfers to us the property rights devolving from the transaction. The customer is obligated to inform us immediatly in writing of any encroachment upon of our rights by third-party agents.
7. Material defects
7.1 In commercial business transactions, defect notices do not affect the maturity dates of selling price entitlements unless we authorize to let them do so in writing.
7.2 Defects on the delivered goods have to be reported immediately upon arrival of the shipment in writing, or in the case of hidden defects, without delay upon discovery. In compliance with a claim, we are entitled to meet the requirements at our own discretion by touching up the defective product or sending a new one. If we let the period to meet the terms set by the customer expire, the customer may withdraw from the contract or ask for a reduction of payment.
7.3 As far as the customer is entitled to compensation, the respective claims expire according to the statutory periods set for the assertion of quality flaw claims. The statutory expiry regulations of the product liability law apply to compensation claims for damages.
7.4 For first orders from the ipEther232 product family, we grant the right of return within two weeks after delivery. In this case we charge lump-sum operating costs.
8. Miscellaneous claims for damages
The compensation claim for the violation of substantial contract obligations is limited to the contract-specific, foreseeable damage as far as no intention or gross negligence or the injury to life, body or of health is involved. A change of the burden of proof to the disadvantage of the buyer is not intended by the above clauses. Other customer claims for compensation are precluded regardless of any reason and particularly upon violating a duty with respect to an obligation or in connection with a civil offense.
9. Export regulations
In the case of exportation of the products according to these conditions, the customer is obligated to observe all the applying legal regulations of the countries concerned.
10. Final provisions
10.1 The laws of the Federal Republic of Germany are exclusively applicable.
10.2 If individual clauses of these GTCT should be rendered void by law or otherwise, this will not affect the validity of any of the other clauses. These are then to be interpreted in such a way that their intended purpose is fulfilled as exactly as possible in any legally permissible way.
10.3 The customer grants express approval to the storage and processing of customer data as far as permissible according to the German Federal Law for Data Protection. The customer also acknowledges that the protection applying to transfers within public networks such as the Internet cannot be ensured conclusively despite the deployment of high-quality, state-of-the-art technology.
10.4 For both parties Erlangen is agreed upon as the place of jurisdiction and fulfillment of all obligations of the contractual relationship. For foreign customers, the jurisdiction of the German courts is assumed to be agreed upon.
11. Legal address
Perfinity GmbH, Hofmannstrasse 11A, D-91052 Erlangen, Germany

(Date: 17-02-24)