General Terms and Conditions

Terms of Use and General Terms and Conditions for the platform and purchases at https://gemweb.de

Preamble
Welcome to our platform for the commercial purchase of gemstones and other goods and products.
The platform is operated by us, the company:
gemweb GmbH (HRB 23456, District Court of Bad Kreuznach), Mainzer Straße 34, 55743 Idar-Oberstein (hereinafter: OPERATOR)
These terms of use and general terms and conditions contain regulations with regard to the existing user relationship between us as the operator of the site https://gemweb.de (Section 1: Terms of use for the platform GEMWEB) and the purchase from the partners acting as sellers on our platform (Section 2 : General terms and conditions for purchases from RETAILERS).
Please note that all sales contracts are concluded exclusively between you and our partners acting as sellers (hereinafter: RETAILERS). We (gemweb GmbH) only provide the technical platform for making contact and for presenting offers.

Our RETAILERS are the following companies:
Ph. Hahn Söhne KG, Mainzer Straße 82, 55743 Idar-Oberstein – District Court of Bad Kreuznach - HRA 10108
Emil Weis Opals KG, Auf dem Hüttenflur 8, 55743 Kirschweiler - District Court Bad Kreuznach - HRA 10280
Arnoldi International e.K., Tiefensteiner Str. 379, 55743 Idar-Oberstein - District Court of Bad Kreuznach - HRA 20901
Section 1: Terms of Use for the GEWMEB Platform

1. General
1.1. The following terms of use form the legal basis for the use of the online platform gemweb.de (hereinafter: GEMWEB). These terms of use regulate the relationship of favourability between the user of GEWMEB (hereinafter: USER) and the OPERATOR with regard to the use of the platform. You can reach the operator of the platform at hallo@gemweb.de or +49 6781 5688819.
1.2. USERS can only be entrepreneurs within the meaning of § 14 BGB. Check the documents or other evidence required under the Money Laundering Act. More information on registration can be found in Section 2 of these Terms of Use.
1.3. The following provisions apply to all USERS of GEWMEB.
1.4. The OPERATOR does not recognize any deviating terms of use and/or general terms and conditions of the USER, unless the OPERATOR has expressly agreed to them in writing.
2. Registration of the user
2.1. Since trading in precious stones is subject to the regulations of the Money Laundering Act, an order on our platform can only be carried out by registered and verified users. This is necessary from a legal point of view in view of the so-called know-your-customer principle.
2.2. The USER is obliged to provide all information truthfully.
2.3. New customers can register on GEEMWEB by using the appropriate form in order to request the creation of a user account for GEEMWEB. The user account will then be checked and activated by the OPERATOR or one of our RETAILERS, provided that all the necessary conditions for activation are met. Alternatively, you can also contact the OPERATOR or one of our RETAILERS to create a user account for GEMWEB.
2.4. After successful registration, the USER will immediately receive a non-binding confirmation e-mail. If registration is not possible due to a lack of necessary documents or for other reasons, GEWMEB or the relevant specialist dealer will inform the user.
3. Subject of these Terms of Use
3.1. With GEMWEB, the OPERATOR provides a portal through which the USER can purchase gemstones from the specialist dealers integrated in the portal after successful registration.
3.2. The RETAILERS that can be called up via GEMWEB are all paying contractual partners of the OPERATOR. No other offers are displayed in addition to the SPECIALIST DEALERS participating for a fee.
3.3. The order of the results is based on the criteria specified by the USER in the search. There is no fee-based option for the retailer to influence the search results. The search results are therefore based exclusively on the above criteria. The search result itself is based on the information provided by the specialist dealers on the individual gemstones.
3.4. The OPERATOR himself is only involved as a technical service provider between the specialist dealers and the USERS. A contract with regard to the purchase of gemstones takes place exclusively between the specialist dealers identified on the platform and the USERS. The details of the specialist dealer are imported directly into GEWMEB by the respective specialist dealer. The specialist dealers themselves are also responsible for complying with the statutory information requirements and for processing any contracts that may have been concluded. The content that can be called up on GEMWEB expressly does not constitute an offer to conclude a contract with the operator. Furthermore, no legal relationships between the USER and the OPERATOR that go beyond the usage relationship for GEMWEB are established via GEMWEB.
4. Use of GEMWEB - user relationship
4.1. The user relationship with regard to GEMWEB comes about through the completion of the online registration process, which ends in the creation and, if necessary, activation of a profile. The usage relationship is free of charge for the USER.
4.2. As part of the USER's registration on GEWMEB, the USER independently assigns a password that can be used for future registration. The OPERATOR confirms the corresponding registration to the USER by e-mail. The user can request a link to change the password independently at any time as part of the "Forgot password" function.
4.3. Due to the free nature of the GEMWEB platform and the associated courtesy relationship, the USER has no claims whatsoever against the OPERATOR for the operation of GEMWEB or support from the OPERATOR. In the event of problems with the conclusion of the contract, the USER can contact the SPECIALIST DEALER integrated via the platform at any time. The USERS must comply with these terms of use when using the platform and when registering and using the login area. The regulations in Section 7 on the liability of the OPERATOR remain unaffected.
4.4. The OPERATOR makes GEMWEB available 24 hours a day, 7 days a week and endeavors to ensure the greatest possible availability of GEMWEB, but cannot guarantee this within the framework of the courtesy relationship and is therefore not committed to a specific average annual availability or at specific times.
4.5. Due to maintenance work, further development or disruptions to GEWMEB, the USER's options for use can be temporarily restricted or temporarily interrupted. This can also lead to data loss under certain circumstances. The OPERATOR is not obliged to back up the data of the USERS that they enter on GEWMEB. Insofar as the user receives essential information about communication functions within GEWMEB from the retailer, we therefore advise you to download this data or to save it in some other way. Essential information is, for example, the documents required for the later conclusion of the contract.
4.6. In the case of registered USERS, it is their responsibility to regularly check the email address provided to the OPERATOR and to ensure, even when using SPAM filters, that the messages sent by GEMWEB can be taken note of.
4.7. The contract language is exclusively german.
5. Storage of these Terms of Use
5.1. The text of these terms of use is saved by the OPERATOR upon registration. A copy of these terms of use will be emailed to the USER separately upon request. If no registration takes place, the OPERATOR will not save the terms of use.
5.2. These terms of use can also be accessed and printed out as part of the registration process.
6. GEMWEB user accounts - obligations of the USER
6.1. The USER undertakes not to misuse GEMWEB, in particular
6.1.1. • not to intervene in telecommunications networks,
6.1.2. • not to infringe any national or international property rights (e.g. copyrights, trademark rights),
6.1.3. • Not to violate criminal law provisions, in particular §§ 184 ff. StGB (dissemination of pornographic writings), §§ 86 f. StGB (dissemination of propaganda materials of unconstitutional organizations), § 111 StGB (public incitement to commit crimes), § 126 StGB ( threat of criminal offences), Section 129a, Paragraph 3 of the Criminal Code (advertising for a terrorist organization), Section 130 of the Criminal Code (incitement of the people), Section 130a of the Criminal Code (instructions on criminal offences), Section 131 of the Criminal Code (depiction of violence), Section 201a of the Criminal Code (violation of the most personal area of ​​life by taking pictures) and not to violate regulations for the protection of young people.
6.2. Activities by the USER that go beyond the usual use of GEMWEB, in particular those activities that aim to make the use of GEMWEB more difficult for other USERS - or the SPECIALIST DEALERS connected via the platform - or to make GEMWEB non-functional are inadmissible and constitute a cease-and-desist - and claims for damages. This includes in particular activities that can affect the physical or logical structure of GEMWEB beyond the extent of the intended use and/or lead to an unusually high utilization of GEMWEB. If such user activities by a USER aim to render GEMWEB inoperable or to make it more difficult to use, the OPERATOR reserves the right to prosecute under civil and criminal law.
7. Liability of the operator
7.1. The USER's claims for damages or reimbursement of futile expenses against the OPERATOR are based on the following provisions, regardless of the legal nature of the claim.
7.2. The liability of the OPERATOR is excluded - for whatever legal reason - unless the cause of the damage is based on intent and/or gross negligence on the part of the OPERATOR, or the employees, representatives or vicarious agents of the OPERATOR. Insofar as the liability of the OPERATOR is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of the OPERATOR.
7.3. Irrespective of the above provisions, the OPERATOR is liable in accordance with the statutory provisions for damage resulting from injury to life, limb or health which is based on an intentional, grossly negligent or negligent breach of duty by the OPERATOR or a legal representative or vicarious agent of the OPERATOR regulations.
7.4. The liability of the OPERATOR under the Product Liability Act (§ 14 ProdHG) remains unaffected.
7.5. In the area of ​​application of the Telecommunications Act (TKG), the liability regulation of § 44a TKG remains unaffected.
7.6. It is the USER's responsibility to regularly back up all the information he/she has placed in GEWMEB. The OPERATOR is only liable for data loss, imported viruses or unauthorized data access within the framework of the above conditions.
8. Duration of the usage relationships / termination of the usage relationships
8.1. The user relationship begins when the USER registers with GEMWEB using the form provided for this purpose or by providing access data for the GEMWEB platform in some other way. The event that occurs first is always decisive for the start. The usage relationship ends when the user account is deleted.
8.2. The OPERATOR is entitled to discontinue the operation of GEWMEB at any time without giving reasons. If the OPERATOR ceases operations, the usage relationship also expires.
8.3. The OPERATOR is also entitled to terminate the user relationship if a USER acts contrary to the above provisions of Sections 6 et seq.
8.4. The USER can terminate the user relationship at any time. For this purpose, the USER can inform the OPERATOR in text form about the termination. In this case, the user account of the USER will be deleted, unless there are compelling reasons to the contrary.
9. Data Security and Privacy
9.1. The OPERATOR takes all technical and organizational measures that are necessary to ensure the security of the USER's data on the platform, although the OPERATOR cannot guarantee the unlimited integrity of GEMWEB.
9.2. The USER's data will only be transmitted to the RESPECTIVE RETAILER actively selected by the USER as part of the product selection, so that they can fulfill the contract concluded between them and the user in accordance with Section 2 of these GTC. If the USER places an order that includes products from several RETAILERS, the data will be transmitted to all RETAILERS involved; each RETAILER only receives information about the products ordered from him.
9.3. If the dealer himself has a data protection declaration, this will be displayed via GEWMEB.
9.4. For the use of GEWMEB, reference is made to the data protection declaration of the OPERATOR at https://www.gemweb.de/en/Shop-Service/Privacy/.
10. The German version of these Terms of Use takes precedence
10.1. Insofar as the OPERATOR provides translations of the German language version of these Terms of Use, the German language version of these Terms of Use always remains decisive for the legal assessment with regard to the use of GEWMEB.
10.2. This applies in particular if there are differences or contradictions between the German language version and a translated version of these Terms of Use.
11. Changes to the Regulations
11.1. The OPERATOR is entitled to change these terms of use in the future. In the event of future changes, the OPERATOR will inform the USERS of the forthcoming changes in advance by e-mail at the registered e-mail address.
11.2. In the event that the USER continues to use GEWMEB despite changes to the terms of use, he agrees to the changes so that the OPERATOR will treat further use as acceptance of the changed provisions.
11.3. If such changes affect the regulations in Section 2 (General Terms and Conditions for purchases from SPECIALIST DEALERS), this only applies to future purchase contracts. For purchase contracts that have already been concluded, the regulations valid at the time of the conclusion of the respective purchase contract always apply.
11.4. A change of the courtesy relationship into a chargeable relationship is generally not permitted without the explicit consent of the user.
12. Final Provisions
12.1. The OPERATOR is entitled to employ vicarious agents for the operation of GEMWEB.
12.2. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
12.3. The place of jurisdiction for disputes arising from the user relationship is the registered office of GEWMEB in 55743 Idar-Oberstein.

Section 2: Terms and Conditions for purchases from RETAILERS
13. General
13.1. The following contractual provisions (GTC) apply to all contracts concluded via the GEMWEB trading platform between the RESPECTIVE RETAILERS (see at the beginning of the GTC) (hereinafter jointly: RETAILERS) concluded contracts with the customer (hereinafter: CUSTOMER) regarding the sale of gemstones and others goods and products.
13.2. The purchase of precious stones and other goods and products is only possible if the CUSTOMER is a registered USER of the GEMWEB platform. The offer is therefore aimed exclusively at entrepreneurs within the meaning of § 14 BGB.
13.3. The RESPECTIVE RETAILER does not recognize any deviating general terms and conditions of the customer, unless the RESPECTIVE RETAILER has expressly agreed to them in writing.
13.4. The subject of these GTC is the sale of products and goods offered by the RESPECTIVE RETAILERS. The subject matter of the contract results exclusively from the information provided on GEWMEB about the respective gemstone or the goods or the product, the specific offer and these General Terms and Conditions.
13.5. Product descriptions, illustrations, statements, etc. ALL SPECIALIST DEALERS are performance descriptions, but not guarantees. A guarantee requires a separate written declaration by the management of the RESPECTIVE RETAILER.
14. Conclusion of contract (shopping cart)
14.1. The CUSTOMER can place the desired items in the shopping cart by clicking on the corresponding button and then initiate the ordering process by clicking on the shopping cart. Unless specified by the system, the CUSTOMER must enter the necessary contact data for shipping and payment during the ordering process and complete the order by clicking on the "Binding purchase request" button.
14.2. The RESPONSIBLE RETAILER responsible for the goods is displayed in the immediate vicinity of the offer or the general information about the product.
14.3. The CUSTOMER can correct input errors, in particular items placed in the shopping cart by mistake, by entering the desired quantity in the shopping cart and using the available buttons. In the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the respective step using the "forward" and "back" buttons of the browser.
14.4. The presentation of the products on GEMWEB merely represents a non-binding invitation to the CUSTOMER to place an order. By placing an order, the CUSTOMER makes a binding offer to the RESPECTIVE RETAILER(s) to conclude a contract for the items contained in the shopping cart. Receipt of the order is immediately and automatically confirmed by GEWMEB via e-mail. The automated order confirmation of the shop system does not yet result in a contractual relationship.
14.5. After receipt of the order, the RESPECTIVE RETAILERS will check the offer received and inform the CUSTOMER about the acceptance or rejection of the offer.
14.6. The RESPECTIVE SPECIALIST DEALER will accept the CUSTOMER's offer after checking the stock of goods by means of a separate declaration of acceptance by e-mail or by sending the goods after the order has been placed. The RESPECTIVE SPECIALIST DEALER will only accept or reject the parts of the offer sold by him. The purchase contract is only concluded with a separate declaration of acceptance, receipt of the email that the goods are ready for collection, or receipt of the goods themselves within the aforementioned period.
14.7. The purchase contract is concluded with the RESPECTIVE RETAILER listed for the respective offer. The details of the RESPECTIVE RETAILER are listed at the beginning of these conditions. The corresponding RESPECTIVE RETAILER(s) result from the items placed in the shopping cart by the customer.
14.8. The contract language is German.
15. Storage of contract text
The text of the contract is saved by the RESPECTIVE RETAILERS. These terms and conditions can also be accessed and printed out on the website https://www.gemweb.de/en/Shop-Service/General-Terms-and-Conditions/.
16. Product specifics and categorization of gemstones
16.1. You can find more information on the classification of gemstones with regard to the criteria mentioned in the online shop on the subpage https://www.gemweb.de/en/Shop-Service/Gem-Knowledge/.
16.2. The classification of the corresponding gemstones is carried out by the RESPECTIVE RETAILER according to the current standards and to the best of their knowledge.
17. Prices and Shipping Costs
17.1. The prices valid on the day of the order apply, as displayed on the GEWMEB platform. Insofar as special conditions (e.g. discount or similar) have been contractually agreed with the RESPECTIVE RETAILER, these are not automatically taken into account by the system, but are taken into account by the RESPECTIVE RETAILER following the order. If you have any questions about the existing conditions or problems in the shop, please contact the RESPECTIVE RETAILER.
17.2. The prices are given in euros and do not include the statutory sales tax and shipping costs.
17.3. The shipping costs result from the shipping costs table at https://gemweb.de/Shop-Service/versand.
17.4. In individual cases, additional taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may have to be paid by the CUSTOMER in the case of cross-border deliveries.
18. Voluntary return option
18.1. With regard to the return of gemstones, articles and other products purchased in the shop of the RESPECTIVE RETAILERS, ALL RETAILERS offer a voluntary right of return with regard to the purchased goods.
18.2. The goods purchased may only be returned after prior consultation with the RESPECTIVE RETAILER.
18.3. It is not possible to return individual stones from line or pair offers.
18.4. The right of return must be exercised within 30 days of receipt of the goods by returning the goods to the RESPECTIVE RETAILER. The CUSTOMER bears the costs of the return. This also applies to any other costs that may arise, such as customs duties or insurance.
18.5. In order to exercise the right of return, the returned goods must be complete and in the condition in which the goods were delivered. The voluntary right of return is excluded, in particular in the case of further processing, grinding work or adjustment work.
18.6. It is possible to return individual gems subject to the restrictions in section 18.3; not all gems have to be returned. The RESPECTIVE RETAILER will then refund the corresponding purchase price of the returned stones.
19. Terms of Payment
19.1. The retailers only accept the payment methods offered. The CUSTOMER selects the preferred payment method from the available payment methods. Payment is processed exclusively between the CUSTOMER and the RESPECTIVE RETAILERS via the payment service provider used on GEMWEB. GEMWEB itself does not have access to the incoming payments at any time and is - apart from the technical integration of the payment service provider - not involved in the processing.
19.2. The "Purchase on account" payment method will be checked again separately by the RESPECTIVE RETAILER and can - depending on the circumstances [new customer, large sum, etc.] - be refused at the RESPECTIVE RETAILER's own discretion. The CUSTOMER can then choose to cancel the order or choose a different payment method (e.g. credit card or prepayment).
19.3. If a delivery is made against advance payment by bank transfer, the CUSTOMER must transfer the payment of the purchase price (including sales tax) plus delivery and shipping costs to the seller before delivery. The delivery takes place after receipt of the full invoice amount on the account of the RESPECTIVE RETAILER
19.4. .If payment is made via PayPal from PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 – 24 Boulevard Royal, L-2449 Luxembourg, the CUSTOMER must have a PayPal account and identify themselves with their PayPal access data. The CUSTOMER must then go through the PayPal payment process and confirm the payment to the RESPECTIVE RETAILER. The PayPal payment method can also be used without a PayPal user account. With regard to the guest function of PayPal, the provisions that can be called up via the payment method apply. If the CUSTOMER chooses to pay by credit card in PayPal, depending on the amount paid or the type of delivery, the bank's website may ask for a second authentication feature. The CUSTOMER must then use a special app to verify the payment process with their second personal authentication feature such as a password, PIN, TAN or biometric data such as a fingerprint or face scan. You can find more information on the PayPal website at https://www.paypal.com/de/webapps/mpp/home.
19.5. If a delivery is made against payment by credit card, the CUSTOMER authorizes, by providing his credit card details, to charge the full invoice amount, including delivery and shipping costs, to the relevant credit card company when due. As part of the payment process, the CUSTOMER will be asked to enter their credit card number, the expiry date of the credit card and the security code in the appropriate form. Depending on the amount of the payment or the type of delivery, the customer may be asked for a second authentication feature by being displayed on the bank's website. The CUSTOMER must then use a special app to verify the payment process with their second personal authentication feature such as a password, PIN, TAN or biometric data such as a fingerprint or face scan. Which type of identification is actually used depends on the respective payment service provider (e.g. the CUSTOMER's credit card company). In this case, the debit will be initiated with the order confirmation. Contact your credit provider for more information.
19.6. If a delivery is made against an invoice, the net purchase price (without deductions) is due for payment immediately, at the latest within 14 days of the invoice date or after receipt of the goods. The legal regulations regarding the consequences of default in payment apply. A discount will not be granted unless this has been separately agreed with the RESPECTIVE RETAILER.
19.7. CUSTOMERS are only entitled to set-off rights if the counterclaims have been legally established, are undisputed or recognized by the respective RETAILER or the conflicting claims are based on the same legal relationship.
20. Terms of delivery and shipping
20.1. The RESPECTIVE SPECIALIST DEALER is entitled to determine the shipment of the goods, including the type of shipment (in particular transport company, shipping route, packaging and additional insurance) on behalf of the CUSTOMER in accordance with § 315 BGB to the delivery address provided by the CUSTOMER in the order, if the CUSTOMER does not submit any specifications regarding shipping to the RESPECTIVE RETAILER in text form. If the CUSTOMER determines the transport, the customer must bear any additional costs incurred for standard shipping. The RESPECTIVE SPECIALIST DEALER will inform the CUSTOMER in advance of the additional costs incurred.
20.2. The risk of accidental loss and accidental deterioration of the goods is transferred to the CUSTOMER at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred when the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. For the rest, the statutory provisions of the law on contracts for work and services apply accordingly to an agreed acceptance. The handover or acceptance is the same if the CUSTOMER is in default of acceptance.
20.3. If the CUSTOMER is in default of acceptance, fails to cooperate or if the delivery is delayed for other reasons for which the CUSTOMER is responsible, the RESPECTIVE RETAILER is entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs).
20.4. Orders and deliveries are only possible in and to Germany and to the countries offered. In the event of delays in delivery, the RESPECTIVE RETAILER will inform the CUSTOMER immediately.
20.5. The indication of delivery times by the RESPECTIVE RETAILER is non-binding. If the RESPECTIVE RETAILER has binding delivery deadlines, which were confirmed separately, for reasons for which the RESPECTIVE RETAILER is not responsible or cannot comply (non-availability of the service), the RESPECTIVE RETAILER will inform the CUSTOMER about this immediately and at the same time the expected new delivery period communicate. If the service is also not available within the new delivery period, the RESPECTIVE RETAILER and the CUSTOMER are entitled to withdraw from the contract in whole or in part. The RESPECTIVE SPECIALIST DEALER will immediately refund any consideration already provided by the CUSTOMER.
20.6. The occurrence of a delay in delivery is determined by the statutory provisions. In any case, however, a reminder by the CUSTOMER is required in advance.
20.7. The rights of the CUSTOMER from these GTC and the statutory rights of ALL SPECIALIST DEALERS in the event of an exclusion of the obligation to perform (e.g. due to the impossibility or unreasonableness of the service and/or supplementary performance) remain unaffected. If the carrier sends the purchased item back to the RESPECTIVE RETAILER because delivery to the CUSTOMER was not possible, the CUSTOMER shall bear the costs for a new shipment if the delivery to the CUSTOMER took place on a working day between 8:00 a.m. and 6:00 p.m. CET , unless the CUSTOMER had explicitly informed the RESPECTIVE RETAILER in advance that they would not be available at the respective delivery time.
21. Retention of Title
21.1. ALL RETAILERS retain ownership of the items they sell until the purchase price has been paid in full.
21.2. The products and goods subject to retention of title may not be pledged to third parties or assigned as security by the CUSTOMER before full payment of the secured claims. The CUSTOMER must inform the RESPECTIVE RETAILER immediately in text form if and to the extent that third parties access the goods of the RESPECTIVE RETAILER.
21.3. If the CUSTOMER breaches the contract, in particular if the purchase price due is not paid, the RESPECTIVE RETAILER is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of retention of title and withdrawal. If the CUSTOMER does not pay the purchase price due, the RESPECTIVE RETAILER may only assert these rights if the CUSTOMER was unsuccessfully set a reasonable deadline for payment beforehand or setting such a deadline is unnecessary under the statutory provisions.
21.4. The CUSTOMER is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions also apply.
21.5. The retention of title extends to the full value of the products created by processing, mixing or combining the goods of the RESPECTIVE RETAILER, whereby the RESPECTIVE RETAILER is considered the manufacturer. If third-party goods are processed, mixed or combined with third-party goods, the RESPECTIVE SPECIALIST DEALER acquires co-ownership in proportion to the invoice value of the processed, mixed or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.
21.6. The CUSTOMER assigns the claims against third parties arising from the resale of the goods or the product to the RESPECTIVE RETAILER in total or in the amount of any co-ownership share of the RESPECTIVE RETAILER in accordance with the above paragraph as security. The RESPECTIVE RETAILER accepts the assignment. The aforementioned obligations of the CUSTOMER also apply with regard to the assigned claims.
21.7. The CUSTOMER remains authorized to collect the claim alongside the SPECIALIST DEALER. The RESPECTIVE RETAILER undertakes not to collect the claim as long as the CUSTOMER meets his payment obligations towards the RESPECTIVE RETAILER, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his ability to pay. If this is the case, however, the RESPECTIVE RETAILER can demand that the CUSTOMER disclose the assigned claims and their debtors, provide all the information required for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
21.8. If the realizable value of the securities exceeds the claims of the RESPECTIVE RETAILER by more than 10%, the RESPECTIVE RETAILER will release securities of the RESPECTIVE RETAILER's choice at the request of the CUSTOMER.
22. Warranty/liability for defects/duty to give notice of defects
22.1. The rights in the case of material defects and defects of title are based on the statutory provisions, unless otherwise specified below. In all cases, the special statutory provisions for final delivery of the goods to a consumer (supplier recourse in accordance with §§ 478, 479 BGB) remain unaffected.
22.2. The limitation period for claims for defects is 12 months, calculated from the transfer of risk to the ENTREPRENEUR.
22.3. The basis of the liability for defects of ALL SPECIALIST DEALERS is above all the agreement made on the quality of the goods. The product descriptions, flyers, catalogues, price lists, statements etc. designated as such (including those of the manufacturer, if applicable) and, if applicable, in the offer and its attachments that the CUSTOMER had access to prior to his order or those in the same manner in which these GTC were incorporated into the contract.
22.4. If the quality has not been agreed, it is to be assessed according to the statutory regulation whether there is a defect or not (§ 434 Para. 1 Sentence 2 and 3 BGB).
22.5. The CUSTOMER's claims for defects presuppose that he has complied with his statutory inspection and notification obligations in accordance with §§ 377, 381 HGB. If a defect is found during the inspection or later, the RESPECTIVE RETAILER must be notified immediately in writing (letter) or in text form (e.g. e-mail). The notification is deemed to be immediate if it is made within two weeks, whereby the timely dispatch of the notification is sufficient to meet the deadline. If the CUSTOMER fails to carry out the proper examination and/or notification of defects, the RESPONSIBLE RETAILER's liability for the non-notified defect is excluded.
22.6. If the delivered item is defective, the CUSTOMER can initially choose whether supplementary performance is to be provided by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). The right of the RESPECTIVE RETAILER to refuse supplementary performance under the statutory requirements remains unaffected. The RESPECTIVE SPECIALIST DEALER is entitled to make the supplementary performance owed dependent on the CUSTOMER paying the purchase price due. However, the CUSTOMER is entitled to retain a part of the purchase price that is reasonable in relation to the defect.
22.7. The CUSTOMER must give the RESPECTIVE RETAILER the time and opportunity required for the supplementary performance owed, in particular to hand over the goods complained about for inspection purposes. In the event of a replacement delivery, the CUSTOMER must return the defective item to the RESPECTIVE RETAILER in accordance with the statutory provisions. Subsequent performance includes neither the removal of the defective item nor the reinstallation if the RESPECTIVE DEALER was not originally obliged to install it.
22.8. If the subsequent performance fails or a reasonable period of time to be set by the CUSTOMER for the subsequent performance has expired without success or is unnecessary according to the statutory provisions, the CUSTOMER can withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.
22.9. Claims by the CUSTOMER for damages or reimbursement of wasted expenses only exist in accordance with Section 10 of these GTC and are otherwise excluded.
23. Liability
23.1. The CUSTOMER's claims for damages or reimbursement of futile expenses against the RESPECTIVE RETAILER are based on these provisions outside of warranty law, regardless of the legal nature of the claim.
23.2. The liability of ALL SPECIALIST DEALERS is excluded - regardless of the legal grounds - unless the cause of the damage is based on intent and/or gross negligence on the part of the SPECIALIST DEALER, its employees, its representatives or its vicarious agents. Insofar as the liability of the RESPECTIVE RETAILER is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of the RETAILER. The liability of the RESPECTIVE RETAILER under the Product Liability Act remains unaffected (§ 14 ProdHG).
23.3. The RESPECTIVE RETAILER is liable in accordance with the statutory provisions for damage resulting from injury to life, limb or health that is based on an intentional, grossly negligent or negligent breach of duty by the RESPECTIVE RETAILER or a legal representative or vicarious agent of the RESPECTIVE RETAILER.
23.4. If the RESPECTIVE SPECIALIST DEALER breaches an essential contractual obligation, i.e. an obligation whose compliance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), at least negligently, liability is limited to the typically occurring damage, i.e. to such damage with which arising within the scope of the contract typically has to be expected. An essential contractual or cardinal obligation in the aforementioned sense is one the fulfillment of which is essential for the proper execution of this contract and on the observance of which the CUSTOMER regularly relies and may rely.
24. Data Storage and Privacy
With regard to the relationship with the RESPECTIVE RETAILERS, the data protection provisions of the data protection declaration of the respective RETAILER, which can be accessed on GEMWEB, apply exclusively.
25. Final Provisions
25.1. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
25.2. If the CUSTOMER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the RESPECTIVE RETAILER.
25.3. The same applies if the CUSTOMER is an entrepreneur and does not have a general place of jurisdiction in Germany or if their domicile or habitual abode is not known at the time the action is filed. The authority of the RESPECTIVE RETAILER to appeal to the court at another legal place of jurisdiction remains unaffected