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Table of Contents Scope of Application Conclusion of Contract Right of Withdrawal Prices and Payment Conditions Delivery and Shipping Conditions Retention of Title Liability for Defects (Warranty) Liability Special Conditions for the Processing of Goods According to Specific Customer Requirements Applicable Law Place of Jurisdiction Alternative Dispute Resolution

1) Scope of Application 1.1 These General Terms and Conditions (hereinafter "GTC") of DP-DYNAMIC GmbH (hereinafter "Seller") shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed. 1.2 A consumer within the meaning of these GTC 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. 1.3 An entrepreneur within the meaning of these GTC 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.

2) Conclusion of Contract 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer. 2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail or by post. 2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which respect the receipt of the order confirmation by the Customer is decisive, or

• by delivering the ordered goods to the Customer, in which respect the receipt of the goods by the Customer is decisive, or

   

• by requesting payment from the Customer after the Customer has placed the order. If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer shall begin on the day after the offer is sent by the Customer and shall end at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent. 2.4 If a payment method offered by PayPal is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby already declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process. 2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer's order has been sent. The Seller shall not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected user account by providing the corresponding login data. 2.6 Before a binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process. 2.7 The German language is available for the conclusion of the contract. 2.8 Order processing and contact are generally carried out via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

   

3) Right of Withdrawal 3.1 Consumers are generally entitled to a right of withdrawal. 3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy. 3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to any member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of concluding the contract.

4) Prices and Payment Conditions 4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices which include the statutory value-added tax. Any additional delivery and shipping costs shall be indicated separately in the respective product description. 4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the money transfer if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union. 4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop. 4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date. 4.5 If a payment method offered via the "PayPal" payment service is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which it makes advance performance to the Customer (e.g., purchase on account or payment by installments), it shall assign its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller shall remain responsible for general customer enquiries, e.g., regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and related mailings, or credit notes, even in the event of assignment of the claim. 4.6 If a payment method offered via the "SumUp" payment service is selected, payment processing is carried out via the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter "SumUp"). The individual payment methods offered via SumUp are communicated to the customer in the seller's online shop. To process payments, SumUp may use other payment services for which special payment conditions may apply, to which the customer may be referred separately. Further information on SumUp is available on the internet at https://www.sumup.com/de-de/.

5) Delivery and Shipping Conditions 5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive for the transaction. Deviating from this, if the PayPal payment method is selected, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive. 5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the initial shipment if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provision made for this in the Seller's withdrawal policy shall apply. 5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed over the item to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall in principle not pass to the Customer or a person authorised to receive the goods until the goods are handed over. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall, even in the case of consumers, pass to the Customer as soon as the Seller has handed over the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer. 5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the non-delivery is not attributable to the Seller and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be refunded without delay. 5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

 

6) Retention of Title If the Seller makes advance performance, it shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty) Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods: 7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;

• for new goods, the limitation period for rights in respect of defects shall be one year from the delivery of the goods;

• for used goods, rights in respect of defects are excluded;

• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects. 7.2 If the Customer acts as a consumer, the following shall apply to contracts for the delivery of used goods, subject to the limitation in the following clause: The limitation period for claims for defects shall be one year from the delivery of the goods, if this has been expressly and separately agreed between the parties by contract and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration. 7.3 The limitations of liability and shortening of periods regulated above shall not apply

• to claims for damages and reimbursement of expenses by the Customer,

• in the event that the Seller has fraudulently concealed the defect,

• for goods which have been used for a building in accordance with their customary manner of use and have caused its defectiveness,

• for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements. 7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected. 7.5 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved. 7.6 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller of this. If the Customer does not comply with this, this shall have no effect on their statutory or contractual claims for defects.

8) Liability The Seller shall be liable to the Customer from all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows: 8.1 The Seller shall be liable without limitation for any legal reason

• in the event of intent or gross negligence,

• in the event of intentional or negligent injury to life, limb or health,

• on the basis of a guarantee promise, unless otherwise regulated in this respect,

• on the basis of mandatory liability such as under the Product Liability Act. 8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely. 8.3 In all other respects, liability on the part of the Seller is excluded. 8.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

   

9) Special Conditions for the Processing of Goods According to Specific Customer Requirements 9.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to specific requirements of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for the procurement of and acquisition of rights to this content. The Customer declares and accepts responsibility for having the right to use the content provided to the Seller. In particular, they shall ensure that no rights of third parties are violated thereby, especially copyrights, trademark rights and personal rights. 9.2 The Customer shall indemnify the Seller against any claims by third parties which they may assert against the Seller in connection with a violation of their rights through the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the necessary costs of legal defense, including all court and lawyer's fees in the statutory amount. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information required for the examination of the claims and a defense. 9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or is contrary to public decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

 

10) Applicable Law 10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence. 10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

 

11) Place of Jurisdiction If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the aforementioned cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.

 

12) Alternative Dispute Resolution The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.