1 Scope of application and provider

(1) These General Terms and Conditions apply to all contracts that you conclude with Pica-Marker GmbH, Picastraße 5, 91356 Kirchehrenbach (hereinafter referred to as "Pica-Marker" or "we" or "us") for the purchase of products.

(2) Our offers are aimed exclusively at entrepreneurs within the meaning of Section 14 (1) BGB, i.e. a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. General terms and conditions of a customer that contradict our General Terms and Conditions shall only apply if we have expressly agreed to them.

(4) The contract language is exclusively German.

(5) You can call up and print out the currently valid General Terms and Conditions on the website https://pica-marker.com/. The text of the contract will not be saved.

2 Conclusion of contract

(1) You can request an order by e-mail, telephone or via our standard contact form without obligation.

(2) Upon request, we will send you an offer for our products. This is not a binding application for the conclusion of a purchase contract, but a non-binding invitation to you to submit an offer.

(3) With the confirmation of our offer (your order), you submit a binding purchase offer (§ 145 BGB).

(4) A purchase contract for the goods is concluded when we expressly declare acceptance of the purchase offer (order confirmation). Your request can only be accepted by us up to the time at which you may expect receipt of the response under normal circumstances (§ 147 para. 2 BGB). Exception: in the case of payment in advance, acceptance of the order takes place immediately with the order.

3 Prices

The prices stated on the product pages do not include any applicable VAT and shipping costs.

4 Terms of payment; default

(1) Payment shall be made by invoice.

(2) We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods, e.g. only advance payment to cover our credit risk.

(3) If you select the payment method prepayment, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.

(4) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account will actually be debited at the time we ship the goods to you.

(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.

(6) In the case of payment by direct debit, you may have to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank account details provided by you.

(7) If you are in arrears with a payment, you are obliged to pay the statutory default interest of 9 percentage points above the base interest rate. In addition, you are entitled to payment of a lump sum of 40 euros. We reserve the right to claim further damages.

5 Offsetting; right of retention

(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

6 Delivery; retention of title

(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.

(2) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of ownership of the reserved goods.

(3) By way of exception, we shall not be obliged to deliver the ordered goods if we have duly ordered the goods but have not been supplied correctly or on time (congruent covering transaction). The prerequisite for this is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

(4) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.

(5) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

(6) We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10 %. We shall be responsible for selecting the securities to be released.

8 Warranty

Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of sales law (§§ 433 ff. BGB) with the following modifications:

• Only our own specifications are binding for the quality of the goods, but not public promotions and statements.
• You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the obligation to inspect and give notice of defects.
• In the event of defects, we shall provide warranty at our discretion either by repair or replacement (subsequent performance). In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
• If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
• The warranty period is one year from delivery of the goods.

9 Liability

(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.

(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

10 Final provisions

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be our registered office.

Stand: May 2024