General Terms and Conditions

1. Scope of Application

1. These General Terms and Conditions (GTC) apply to all business relationships between Effinion GmbH, Industriestraße 15, 60388 Frankfurt am Main (hereinafter "Seller") and the ordering party (hereinafter "Buyer").
2. These GTC apply exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law, and special funds under public law.
3. Deviating, conflicting, or supplementary terms of the Buyer shall only become part of the contract if the Seller has expressly agreed to their validity in writing.

2. Contract Formation

1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to submit an offer.
2. By submitting an order, the Buyer submits a binding purchase offer. The Seller confirms receipt of the order by email (order confirmation). This does not yet constitute acceptance of the offer.
3. The contract is concluded only upon order confirmation or delivery of the goods.

3. Prices and Payment Terms

1. All prices listed are net prices in US Dollars (USD) plus the applicable statutory value added tax at the time of delivery.
2. Shipping costs are shown separately and depend on the weight, volume, and destination of the shipment. The exact costs are displayed before the order is completed.
3. Payment is by invoice with a payment term of 30 days net from invoice date. For new customers, the Seller reserves the right to require prepayment.
4. In case of late payment, the Seller is entitled to charge default interest at a rate of 9 percentage points above the base interest rate (§ 288 (2) BGB).

4. Delivery and Transfer of Risk

1. Delivery time is typically 5–10 business days from order confirmation, unless otherwise agreed. Special orders or custom products may have different delivery times.
2. The risk of accidental loss or deterioration passes to the Buyer upon handover to the Buyer or the carrier designated by the Buyer.
3. Partial deliveries are permitted insofar as they are reasonable for the Buyer.
4. In cases of force majeure, operational disruptions, strikes, official orders, or similar unforeseeable events, the delivery period shall be extended accordingly.

5. Retention of Title

1. The delivered goods remain the property of the Seller until full payment of all claims from the business relationship.
2. The Buyer is entitled to resell the reserved goods in the ordinary course of business. The Buyer hereby assigns all claims from the resale to the Seller.

6. Defect Claims and Warranty

1. The Buyer must inspect the goods immediately upon receipt and report visible defects in writing within 5 business days. Hidden defects must be reported immediately upon discovery, but no later than 12 months after delivery.
2. In case of justified defect claims, the Seller shall, at its option, provide repair or replacement delivery. If supplementary performance fails twice, the Buyer may withdraw from the contract or reduce the purchase price.
3. Warranty claims expire within 12 months from delivery. This does not apply in cases of intent, gross negligence, or injury to life, body, or health.

7. Liability

1. The Seller is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body, or health.
2. In cases of slight negligence, the Seller is only liable for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the typical, foreseeable damage.
3. Liability under the Product Liability Act remains unaffected.

8. Hazardous Substances and Safety Data Sheets

1. For hazardous substances, the Seller provides current Safety Data Sheets (SDS) upon request in accordance with Regulation (EC) No. 1907/2006 (REACH).
2. The Buyer is obligated to observe the Safety Data Sheets and comply with applicable regulations for handling hazardous substances.

9. Data Protection

The Seller processes personal data of the Buyer in accordance with the applicable General Data Protection Regulation (GDPR). Details can be found in the Privacy Policy at effinion.de/datenschutz.

10. Applicable Law and Jurisdiction

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Frankfurt am Main, provided the Buyer is a merchant, legal entity under public law, or a special fund under public law.

11. Severability Clause

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.