Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr find . We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Please note that these terms have been translated from German. In case of translation errors, the German version is considered the master version.
of
OPAGO GmbH
Moosstraße 4 83404 Ainring
registered in the commercial register of the Munich District Court under HRB 31810, www.opago-pay.com (hereinafter “we”, “us”, “OPAGO” or “provider”).
1.1 These general terms and conditions (hereinafter “Terms and Conditions” or “Terms”) apply to all business relationships with our customers (hereinafter collectively “you”, “your” or “user”). The terms and conditions apply both in the relationship between us and the payee (hereinafter “merchant” or “payee”) and between us and the payer (hereinafter “payer” or “merchant customer”).
1.2 The terms and conditions apply to contracts for the use of our payment service via Bitcoin Lightning (hereinafter “service” or “OPAGO Pay”) and other services, the use of our apps and software (hereinafter “app”) and the use of our payment devices (hereinafter “OPAGO POS-Terminal”) (all services hereinafter also referred to as “services”).
Unless otherwise agreed, the terms and conditions apply in their current version.
Our terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions will only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement applies in any case, for example even if, as part of registration or use, you refer to your own general terms and conditions and we do not expressly object to this.
1.3 Legally relevant declarations and notifications relating to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing. Statutory formal requirements and further evidence, in particular in the event of doubts as to the legitimacy of the declarant, remain unaffected.
1.4 References to the validity of legal regulations are only for clarification purposes. Even without such clarification, the statutory provisions therefore apply insofar as they are not directly amended in these terms and conditions or are expressly excluded in a permissible manner.
1.5 OPAGO is not a payment service provider within the meaning of Sections 675c et seq. of the German Civil Code and within the meaning of ZAG. The relevant provisions of Sections 675c et seq. of the German Civil Code and the ZAG do not apply to the contractual relationship between OPAGO and the retailer and between OPAGO and the dealer's customer. 1.6
In order to use our services, you must accept these terms and conditions as well as our privacy policy. By accepting these terms and conditions, you confirm that you have read, understood and accepted our terms and conditions and privacy policy.
2.1 We offer our customers the processing of payments via Bitcoin in the Lightning Network (hereinafter “LN”). For this purpose, we provide a POS-Terminal (hereinafter “OPAGO POS terminal”). With this technical device, Bitcoin payments can be sent and received in LN. On the other hand, we provide you with access to the LN via the open source software LNbits.
2.2 You use our service by ordering and/or accepting Bitcoin transactions via the LN at an OPAGO POS-Terminal provided by us and purchased from the merchant. As a result, the goods or services purchased by the merchant can be paid for in Bitcoin. The prerequisite for this is that both the merchant and his customer each have their own Bitcoin LN wallet.
2.3 When using and making a transaction via the OPAGO POS-Terminal, the merchant specifies the payment amount to be paid by the merchant customer in the desired currency. The merchant customer scans the generated payment link for the LN transaction and releases it in their LN wallet. The amount is automatically converted from the selected currency to Bitcoin at the current exchange rate. As soon as the transaction is confirmed by the merchant's customer, the transaction is executed. We act as channel managers and block our own Bitcoin owned by OPAGO in order to carry out the transaction on the LN. The user's Bitcoin will not be blocked. We only act as a payment agent.
2.4 All fees for the package chosen by the merchant and for the respective transaction are borne by the merchant. By accepting these terms and conditions, you as a merchant agree that we may withhold the stated fees from you as part of the Bitcoin payout. The merchant can choose whether the fees should be added to or deducted from the amount he entered when generating the payment link in the OPAGO POS-Terminal.
2.5 The prices for our service are based on the currently valid version of our price plan https://opago-pay.com/pricing and in each case for the package you have chosen.
2.6 We will refund the bitcoins resulting from the transactions and pay out all bitcoins owed to the merchant in accordance with these terms, minus any fees (see clause 2.4), to the merchant's registered Bitcoin LN wallet after we have received payment from the merchant's customer.
3.1 To use our service, you must register and create an account. This requires you to provide an email address, set a password, and have a Bitcoin LN wallet to access the service.
3.2 As soon as you have registered, you will receive a confirmation link via email to your re-registered email address.
3.3 It is necessary that you provide information about yourself or your company. You confirm that all information you provide about yourself and/or your company is accurate at the time of registration. You must ensure that all information you submit and/or store in your account is complete, accurate, and up to date.
3.4 You can register as an individual entrepreneur, as a company or as a private person. The services are available to individual entrepreneurs or companies for business purposes only. Our service is not available to individuals and/or individual entrepreneurs or companies for personal or private purposes. This means that no payment transactions can be carried out between private individuals. Payment transactions can only be carried out if at least one of the parties is an individual entrepreneur or a company.
3.5 Once you have opened an account and accepted these terms, we are entitled to conduct an audit of yourself and/or your company (such as a credit check and an anti-money laundering and terrorist financing check). You are required to assist us in this as required and to provide all necessary details and information.
3.6 After successful registration, your account will be registered in our system (hereinafter “OPAGO merchant account”). Your account is not a bank account and is therefore not covered by a compensation scheme. Neither deposits nor withdrawals of money (regardless of currency) or e-money within the meaning of § 1 ZAG can be made from your account. Your OPAGO merchant account can only be used to transfer Bitcoin via the Lightning Network (hereinafter “LN”).
3.7 We do not provide our own Bitcoin-LN wallet for this purpose. You must have your own Bitcoin-LN wallet to sign up. We would like to point out that you must comply with the regulations and terms of use set by the respective Bitcoin LN wallet service provider yourself.
3.8 If the Bitcoin LN wallet you provided is incorrect or incomplete, or we are unable to verify that the Bitcoin LN wallet is in your name for any other reason, we may deregister the Bitcoin LN wallet from your account. You agree that we are not required to pay you Bitcoins until you have provided accurate and complete Bitcoin LN wallet details and we have been able to verify that you are the owner of the Bitcoin LN wallet.
3.9 We may restrict or suspend your access to and use of the Services and cancel and close your account if you provide us with inaccurate, untrue, or incomplete information or fail to meet registration requirements. To do so, we will send you a notification to your registered email address. If you do not respond within thirty (30) days and provide accurate and complete information, we may close your account.
3.10. You are responsible for managing your password and any other personalized security features. You must keep your data and passwords safe from unauthorized access by third parties.
3.11. You are required to notify us immediately if you discover unauthorised access or have reason to believe that your login data has been lost or stolen or that an unauthorised third party has knowledge of the access data. In this case, you are required to change your account details to prevent any further unauthorised access.
3.12. If you have lost your login details, we are authorized to access your OPAGO merchant account and generate a new password for you. This requires your express written or textual consent. If we have any doubts about account ownership, we are entitled to request more information from you to determine account ownership. In this case, you are required to provide the documents or explanations requested by us.
4.1 As a retailer, you can use one or more terminals per account.
4.2 The OPAGO POS-Terminal can be purchased by retailers via our homepage. Ownership of the OPAGO POS terminal purchased by the retailer remains with the retailer even after the contractual relationship has ended. In this respect, the conditions agreed as part of the purchase contract apply.
4.3 The retailer is obliged to install all app and/or software updates for the OPAGO POS-Terminal. We reserve the right to restrict or suspend our services if the app and/or software updates to the OPAGO POS terminal have not been made within 14 days of notification of the availability of the app and/or software update.
4.4 A permanent connection to the Internet is required to fully use our service. The OPAGO POS-Terminal must therefore be connected to the Internet via an Internet connection provided by the retailer. As a retailer, you are responsible for ensuring that a functioning Internet connection is available. The dealer bears the costs incurred for this.
4.5 It is not permitted to change the hardware or software of the Opage device.
5.1 Our obligations are limited to providing an account, services in the form of access to the LN and carrying out channel management. We may suspend the services to be provided to you or limit the duration of the services, for example to carry out maintenance or if we are required to do so by law, or if you fail to comply with material obligations under these terms.
5.2 You must notify us immediately if you notice any interruptions, delays, or errors with the Services. You must provide us with all necessary information and assistance to identify and resolve any interruptions, delays, or errors.
5.3 An existing Bitcoin LN wallet is required to use our service and must be provided by you yourself. Should costs arise as a result, these must be borne by you. We assume no liability for the required services of third parties or for violations of rights resulting from the use of third-party services that are necessary to use our services. Section 7.4 applies accordingly.
5.4 We are entitled to suspend our services or to terminate the contractual relationship and close the account without notice if there is reasonable suspicion of money laundering or terrorist financing or if this is required by law.
5.5 We are also entitled to suspend our services or cancel the contract and close the account if you breach these terms. Section 8.2 applies mutatis mutandis.
6.1 There are fees for using our services, which are to be borne by the merchant (see section 2.4).
The prices and fees for our service are based on the currently valid version of our price plan https://opago-pay.com/pricing and in each case for the package chosen by the retailer during registration.
6.2 You can later switch to another package via your customer account. In the event of a package change, the prices and costs applicable to the respective package apply in accordance with the then valid price plan.
6.3 The prices are in% of the respective transaction volume and are expressed in Bitcoin. They are converted into euros at the exchange rate valid on the day of the transaction and are therefore understood to be in euros excluding the applicable value added tax (currently 19%). 6.4
You can view transaction history and fees in your account. You are required to monitor your transaction history. If you discover incorrect, incorrect, or unauthorized transactions, you must immediately notify us of this.
6.5 After a transaction has been completed, we will issue you a statement for the transaction, including any fees incurred. You are required to review this statement immediately upon receipt. You must object to incorrect statements immediately, but no later than 7 working days after receipt of the statement. Failure to file a timely objection is considered approval, unless the false statement is due to our fault.
6.6 Unless we are required to do so by law, you are solely responsible for maintaining and maintaining records of all transactions and other data relating to your account and use of our services.
6.7 Depending on your customer's Lightning Wallet, your customer may be charged additional Lightning Network routing fees. These are not visible to us and are automatically added to the calculated amount.
6.8 Depending on your choice of Lightning wallet, additional Lightning Network routing fees may be charged. These are beyond our control and are automatically deducted from the payout.
7.1 We are not liable for damage unless caused intentionally or through gross negligence by us or our vicarious agents. In particular, we are not liable for damage caused by force majeure, unforeseeable events, in particular network disruptions, computer failures or criminal acts by third parties.
7.2 We are also not liable for unauthorized or faulty transactions unless the faulty transaction was caused intentionally or through gross negligence by us or our vicarious agents. In particular, we are not liable for damage caused by force majeure, unforeseeable events, in particular network disruptions, computer failures or criminal acts by third parties.
7.3 We reserve the right to restrict our service in whole or in part, temporarily or permanently due to maintenance, software updates, capacity bottlenecks and other events beyond our control. We always try to announce maintenance, software updates or changes to the server in advance (usually two working days). This only applies if it is to be expected that there will be disruptions in the availability of the services offered or that advance notice appears necessary for other reasons.
Failures during necessary maintenance or repair work and/or software updates do not give rise to any claims against us, unless we had acted intentionally or grossly negligently.
7.4 Claims for damages arising from the breach of essential contractual obligations (cardinal obligations), from injury to life, limb or health if we are responsible for the breach of duty, and for compensation for other damages based on an intentional breach of duty by us or our vicarious agents are excluded from the exclusion in accordance with clauses 7.1 to 7.3. Cases in which we or our vicarious agents act fraudulently are also not excluded.
8.1 The duration of the contract is also based on the respective price plan.
8.2 The contract can be terminated by both parties with a notice period of two weeks to the end of the month, but no earlier than the expiry of the respective minimum period in accordance with the valid payment schedule.
The possibility of termination for good cause remains unaffected.
8.3 Any termination must be made in writing to be effective.
9.1 All of our services, in particular legal transactions, are carried out in the Federal Republic of Germany. These terms and conditions and the contractual relationship between us and the seller are therefore governed by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Sales Convention.
9.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of OPAGO.
of
OPAGO GmbH, Moosstraße 4
83404 Ainring
registered in the commercial register of the Munich District Court under HRB 31810, www.opago-pay.com (hereinafter “we”, “our”, “us”, “OPAGO” or “supplier”).
1.1 These General Terms and Conditions of Sale (GTC) apply to all our business relationships with our customers (“buyers”). The terms and conditions apply only if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
1.2 The terms and conditions apply to contracts for the sale and/or delivery of movable property (“goods”), regardless of whether we produce the goods ourselves or buy them from suppliers (Sections 433, 650 BGB). Unless otherwise agreed, the terms and conditions valid at the time the buyer placed the order or in any case in the version last notified to him in text form shall also apply as a framework agreement for similar future contracts, without us having to refer to them again in each individual case. 1.3 Our terms and conditions apply as a framework agreement also for similar future contracts, without us having to refer to them again in each individual case.
1.3 Our terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer will only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement applies in any case, for example even if the buyer refers to his general terms and conditions as part of his order and we do not expressly object to this.
1.4 Legally relevant declarations and notifications by the buyer with regard to the contract (e.g. setting deadlines, notifications of defects, withdrawal or reduction) must be made in writing. For the purposes of these terms and conditions, both written form and text form (e.g. letter, e-mail, fax) are considered to be written form. Statutory formal requirements and further evidence, in particular in the event of doubts as to the legitimacy of the declarant, remain unaffected.
1.5 References to the validity of legal regulations are only for clarification purposes. Even without such clarification, the statutory provisions therefore apply insofar as they are not directly amended or expressly excluded in these terms and conditions.
2.1 The customer can select products from the OPAGO range on the OPAGO website and collect them in a so-called shopping cart using the “add to shopping cart” button. By clicking on the “Order subject to payment” button, the customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the request can only be submitted and transmitted if the customer has accepted the contract terms and conditions by clicking on the “Accept terms and conditions” button and has thus included them in his request. 2.2.
2.2 We then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt simply documents that the customer's order has been received by the provider and does not represent an acceptance of the request. The contract is only concluded when we submit the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of order, terms and conditions and order confirmation) is sent by us to the customer on a durable data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection. Acceptance can also be declared by delivery of the goods to the buyer.
2.3 Our offers are subject to change and non-binding. This also applies if we have provided the buyer with catalogues, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents — including in electronic form — to which we reserve ownership and copyright rights.
2.4 The order of the goods by the buyer is considered a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within 4 weeks of receipt by us.
2.5 The contract is concluded in German.
3.1 The delivery period is agreed individually or specified by us when the order is accepted. If this is not the case, the delivery period is approximately 2 weeks from the conclusion of the contract.
3.2 If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (unavailability of the service), we will immediately inform the buyer of this and at the same time announce the expected new delivery period. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will immediately refund any consideration already paid by the buyer. Cases of unavailability of the service include, for example, untimely self-delivery by our supplier, the conclusion of a congruent coverage transaction by us, other disruptions in the supply chain, for example due to force majeure, or if we are not obliged to procure in individual cases. 3.3.
3.3 The buyer's rights in accordance with § 8 of these GTC and our legal rights, in particular when the obligation to perform is excluded (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), remain unaffected.
4.1 Delivery takes place ex warehouse, which is also the place of fulfilment for delivery and any subsequent performance. At the buyer's request and expense, the goods will be shipped to another destination (shipping purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
4.2 The risk of accidental loss and accidental deterioration of the goods is transferred to the buyer at the latest upon delivery. However, when purchasing by mail order, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is transferred as soon as the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. Insofar as acceptance has been agreed, this is decisive for the transfer of risk. In all other respects, the statutory provisions of work contract law apply mutatis mutandis to an agreed acceptance. Delivery or acceptance is equivalent if the buyer is in default of acceptance. 4.3 If the buyer is in default of acceptance, he will refrain from cooperating
or if our delivery is delayed for other reasons for which the buyer is responsible, we are entitled to claim compensation for the resulting damage, including additional expenses (e.g. storage costs). For this, we charge a lump sum compensation of 0.5% of the purchase price per calendar week, but in total a maximum of 10% of the purchase price, starting with the delivery period or — in the absence of a delivery period — upon notification that the goods are ready for dispatch.
Evidence of higher damage and our legal claims (in particular reimbursement of additional expenses, appropriate compensation, termination) remain unaffected; however, the lump sum must be offset against further monetary claims. The buyer is allowed to prove that we have suffered no damage at all or only significantly less than the above lump sum.
5.1 Unless otherwise agreed in individual cases, all prices listed on our website include the applicable statutory value added tax [alternatively: plus statutory value added tax].
5.2 The corresponding shipping costs are shown to the customer in the order form and are to be borne by him.
5.3 The customer can pay in advance, direct debit, credit card or Bitcoin. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default if the deadline is missed. In this case, the customer must pay the provider default interest of 5 percentage points above the base interest rate for the year. When the above payment period expires, the buyer is in default. During the period of default, interest is payable on the purchase price at the applicable statutory default interest rate. We reserve the right to claim further damage caused by default. Our claim to the commercial due interest (§ 353 HGB) against merchants remains unaffected.
5.4 The buyer is only entitled to offsetting or retention rights to the extent that his claim is legally established or is undisputed. In the event of delivery defects, the buyer's counterrights remain unaffected, in particular in accordance with section 6.2 sentence 2 of these terms and conditions.
5.5 If, after conclusion of the contract, it becomes apparent (e.g. through an application to open insolvency proceedings) that our claim to the purchase price is jeopardized by the buyer's lack of performance, we are entitled to refuse performance and — if necessary after setting a deadline — to withdraw from the contract (Section 321 BGB). In the case of contracts for the production of indefensible items (custom-made products), we can immediately declare the withdrawal; the legal regulations on the dispensability to set a deadline remain unaffected.
6.1 We reserve title to the goods sold until full payment of all our current and future claims arising from the purchase contract and an ongoing business relationship (secured claims).
6.2 The goods subject to retention of title may neither be pledged to third parties nor transferred as security before full payment of the secured claims. The buyer must immediately notify us in writing if an application for the opening of insolvency proceedings is filed or if access by third parties (e.g. seizures) to the goods belonging to us takes place.
6.3 If the buyer acts contrary to the contract, in particular if the purchase price due is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The request for surrender does not at the same time include a declaration of withdrawal; rather, we are only entitled to demand the return of the goods and reserve the right to withdraw. If the buyer does not pay the purchase price due, we may only assert these rights if we have previously set the buyer a reasonable deadline for payment without success or if such a deadline is unnecessary in accordance with the statutory provisions.
6.4 Until further notice, the buyer 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 apply in addition.
In the event of material and legal defects (including incorrect and short delivery as well as improper assembly or faulty instructions), the statutory provisions apply, unless otherwise specified below. In all cases, the special statutory provisions on reimbursement of expenses upon final delivery of the newly manufactured item to a consumer (supplier recourse in accordance with Sections 478, 445a, 445b or Sections 445c, 327 Paragraph 5, 327u BGB) remain unaffected, unless equivalent consideration has already been agreed, for example as part of a quality assurance agreement.
7.2 The basis of our liability for defects is in particular the agreement made on the quality and expected use of the goods (including accessories and instructions). All product descriptions and manufacturer information that are the subject of the individual contract or were made publicly known by us (in particular in catalogues or on our Internet homepage) at the time the contract was concluded are considered to be an agreement on the quality in this sense. Insofar as the nature has not been agreed upon, it must be assessed in accordance with the statutory provision whether a defect exists or not (Section 434 (3) BGB). Public statements made by or on behalf of the manufacturer, in particular in advertising or on the labelling of the goods, have priority over statements made by other third parties.
7.3 In the case of goods with digital elements or other digital content, we are only responsible for providing and, if necessary, updating the digital content insofar as this is expressly stated in a quality agreement in accordance with Section 7.2. In this respect, we assume no liability for public statements made by the manufacturer and other third parties.
7.4 In principle, we are not liable for defects that the buyer is aware of when concluding the contract or is not aware of as a result of gross negligence (§ 442 BGB). The buyer's claims for defects also presuppose that he has complied with his statutory inspection and notification obligations (Sections 377, 381 HGB). If a defect is discovered during delivery, inspection or at any later date, we must be notified of this immediately in writing. In any case, obvious defects must be reported in writing within five working days of delivery and defects not apparent during the inspection within the same period of discovery. If the buyer fails to properly inspect and/or report defects, our liability for the defect that was not reported in good time or incorrectly reported is excluded in accordance with the statutory provisions.
7.5 If the delivered item is defective, we can first choose whether to provide corrective action by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). If the type of subsequent performance chosen by us is unreasonable for the buyer in individual cases, he may refuse it. Our right to refuse subsequent performance under legal requirements remains unaffected.
7.6 We are entitled to make the subsequent payment owed dependent on the buyer paying the purchase price due. However, the buyer is entitled to withhold a reasonable portion of the purchase price in relation to the defect.
7.7 The buyer must give us the time and opportunity necessary for subsequent performance, in particular to hand over the complained goods for inspection purposes. In the event of a replacement delivery, the buyer must return the defective item to us at our request in accordance with the statutory provisions; there is no claim to surrender the item. 7.8
We shall bear or reimburse the expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs as well as any dismantling and installation costs, in accordance with the statutory provisions and these terms and conditions, if a defect actually exists. Otherwise, we may demand reimbursement from the buyer for the costs arising from the unjustified request for rectification of the defect if the buyer knew or negligently failed to recognize that there was actually no defect.
7.9 Claims by the buyer for compensation or reimbursement of futile expenses exist only in accordance with § 8 and are otherwise excluded.
8.1 Unless otherwise stated in these General Terms and Conditions, including the following provisions, we are liable in accordance with statutory provisions in the event of a breach of contractual and non-contractual obligations.
8.2 We are liable for damages — irrespective of the legal basis — as part of fault liability in the event of intent and gross negligence. In the event of simple negligence, subject to legal limitations of liability (e.g. due diligence in our own affairs; minor breach of duty), we are only liable for
8.2.1. for damage resulting from injury to life, limb or health,
8.2.2. for damages resulting from the breach of an essential contractual obligation (obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly trusts and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
8.3 The limitations of liability arising from Section 8.2 also apply vis-à-vis third parties and in the event of breaches of duty by persons (including in their favor) whose fault we are responsible for in accordance with statutory provisions. They do not apply if a defect has been fraudulently concealed or a guarantee has been given for the quality of the goods and for claims made by the buyer under the Product Liability Act.
8.4 Due to a breach of duty that does not consist of a defect, the buyer can only withdraw or cancel if we are responsible for the breach of duty. The buyer's free right of termination (in particular in accordance with Sections 650, 648 BGB) is excluded. In addition, the legal requirements and legal consequences apply.
9.1 Notwithstanding Section 438 (1) No. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery. Insofar as acceptance has been agreed, the limitation period begins with acceptance.
9.2 The above limitation periods under sales law also apply to contractual and non-contractual claims for damages by the buyer based on a defect in the goods, unless the application of the regular statutory limitation period (Sections 195, 199 BGB) would result in a shorter limitation period in individual cases. Compensation claims by the buyer in accordance with Sections 8.2.1 and 8.2.2 and under the Product Liability Act expire exclusively in accordance with the statutory limitation periods.
10.1 The laws of the Federal Republic of Germany apply to these terms and conditions and the contractual relationship between us and the buyer, to the exclusion of international uniform law, in particular the UN Sales Convention.
10.2 If the buyer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive — including international — place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business. The same applies if the buyer is an entrepreneur within the meaning of § 14 BGB. However, in all cases, we are also entitled to bring an action at the place of performance of the delivery obligation in accordance with these General Terms and Conditions or a priority individual agreement or at the buyer's general place of jurisdiction. Overriding statutory provisions, in particular on exclusive jurisdiction, remain unaffected.
By accepting these terms, you confirm that you are registering for the service as a business customer (i.e. as a person who enters into legal transactions as part of their independent commercial or professional activity, and not as a consumer, i.e. as an individual acting for purposes other than their commercial or professional activity).