General Terms and Conditions

for purchase or rental agreements concluded between

PAULI & CO® Manufaktur GmbH, Stuhtsweg 19, 22159 Hamburg, registered in the Commercial Register of Hamburg Local Court under HRB 163684, represented by the management, VAT identification no.: DE 332324103,

– hereinafter referred to as “Provider” or “we

and

the customers specified in Clause 1.2

– hereinafter referred to as “customer” or “you ” –

be closed.

Section I. General provisions and notes

Scope of application, definitions

1.1 The following General Terms and Conditions apply exclusively to the business relationship between the Supplier and the Customer in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing (§ 126 BGB).

1.2 The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

1.3 If you purchase goods from us, i.e. conclude purchase contracts with us, these General Terms and Conditions of Business contain special provisions in Clauses 3 to 7. If you rent goods from us, these General Terms and Conditions contain special provisions in sections 8 to 12.

1.4 Provisions on limitations of liability can be found in Clause 13.

1.5 Information on your right of revocation and the revocation instructions for both purchase and rental contracts can be found in Section 14.

Conclusion of contract

2.1 The customer can select products from the provider’s range and collect them in a so-called shopping cart using the “add to cart” button. By clicking the button “order with obligation to pay”, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button and thereby included them in their application.

2.2 The provider then sends 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 merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

2.3 The contract shall be concluded in German.

Section II. Special provisions for sales contracts

Delivery, availability of goods

3.1 Delivery times stated by the supplier are calculated from the time of order confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in the provider’s online store, the delivery time is 14 days.

3.2 If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

3.3 If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

Prices and shipping costs

5.1 All prices stated on the provider’s website include the applicable statutory value added tax.

5.2 The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.

5.3 The goods are shipped by post or other shipping service providers, such as GLS, DPD or UPS. The shipping time is usually one to two days. The shipping risk is borne by the provider if the customer is a consumer.

Payment modalities

6.1 The customer can choose the following payment methods: …

6.2 The customer can change the payment method saved in their user account at any time.

6.3 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.

6.4 The customer’s obligation to pay default interest does not preclude the provider from claiming further damages caused by default.

Warranty for material defects, guarantee

7.1 The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Warranty rights for used items purchased by consumers and warranty rights of entrepreneurs are subject to a limitation period of 12 months. Excluded from this are claims for damages by the customer arising from injury to life, body or health if the supplier is responsible for the breach of duty, and liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, his legal representative or his vicarious agent

7.2 An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.

Section III Special provisions for rental agreements

Start and end of the tenancy; notification of address

8.1 Unless otherwise agreed, the rental relationship between the Provider and the Customer is for an indefinite period.

8.2 The rental relationship begins on the day of delivery of the rental item to the customer or, if the customer was unable to accept the rental item himself on the delivery date, on the day of delivery to a “parcel store” or a post office.

8.3 The rental relationship may be terminated in writing (Section 127 (2) BGB) by either party at the end of each full contractual month without observing a notice period. In addition, the return of the rental item shall also be deemed to be a formal termination by the customer, unless the circumstances indicate otherwise; in this case, the date of termination shall be the date on which the item is dispatched or, if this date cannot be determined, the date two working days before receipt of the rental item by the provider.

8.4 The possibility of extraordinary termination of the tenancy for good cause in accordance with the statutory provisions remains unaffected.

8.5 The Customer must keep the Provider informed of its current address and e-mail address.

Payment of rent

The rent is due monthly in advance. Payment is made by direct debit subscription via a payment service provider of the provider (Paypal or similar). At the time of direct debit, the customer must ensure that his account there is in good standing and that the means of payment deposited there has sufficient funds.

Treatment of the rented property; duty to inform in the event of defects

10.1 The customer is obliged to treat the rental object carefully and with care and to protect it from damage.

10.2 The customer’s attention is hereby drawn once again to the necessary protective and safety measures, about which information is provided upon handover of the rental item or which are listed on the rental item.

10.3 If a defect occurs in the rented property during the rental period, the Tenant is obliged to inform the Provider of this immediately (Section 536c BGB).

Use of baby and childcare items in smoke-free rooms

If the rented item is a baby and childcare item, it may only be used in rooms where smoking is not permitted. Deterioration of the rented item caused by smoke shall entitle the provider to compensation.

Return of the rented property

12.1 Unless notice of termination has already been given in accordance with the above provisions by returning the rental item, the latter must be returned in good time so that it is received by the Provider no later than two working days after the end of the rental relationship. The costs of the return shipment shall be borne by the customer.

12.2 In the event of late return, the customer is obliged to pay compensation for use in accordance with the statutory provisions. § Section 545 BGB (tacit extension of the tenancy) shall not apply.

Section IV. Further regulations

Limitations of liability

13.1 Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

13.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.

13.3 The restrictions of clauses 13.1 and 13.2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

13.4 The limitations of liability resulting from Sections 13.1 and 13.2 shall not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

Cancellation policy

14.1 Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider provides information below in accordance with the statutory model. If you have purchased an item, the withdrawal instructions in Section 14.2 apply; if you have rented an item, the withdrawal instructions in Section 14.3 apply. The exceptions to the right of withdrawal are regulated in Section 14.4. Section 14.5 contains a sample withdrawal form.

14.2 Cancellation policy for purchase contracts

REVOCATION POLICY

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise the right to cancel, you must inform us (PAULI & CO® Manufaktur GmbH, Stuhtsweg 19, 22159 Hamburg, phone 040 41920403, e-mail: info@pauliundco.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

The costs of the return shipment shall be borne by the buyer.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

14.3 Cancellation policy for rental agreements

REVOCATION POLICY

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (PAULI & CO® Manufaktur GmbH, Stuhtsweg 19, 22159 Hamburg, phone: 040 41920403, e-mail: info@pauliundco.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

The costs of the return shipment shall be borne by the buyer.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

14.4 The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded, as well as contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

14.5 The Provider shall provide the following information about the model withdrawal form in accordance with the statutory provisions:

Sample withdrawal form

(If you wish to cancel the contract, please complete this form and return it to us).

To Pauli & CO® Manufaktur GmbH, Stuhtsweg 19, 22159 Hamburg, info@pauliundco.de:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date

(*) Delete as appropriate

Final provisions

15.1 Contracts between the Provider and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the German conflict of laws provisions. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

15.2 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 provider is the registered office of the provider.

15.3 Offsetting by the customer with counterclaims is excluded unless the counterclaims have been legally established or are undisputed. The customer is also entitled to offset against the provider’s claims if the customer asserts notices of defects or counterclaims arising from the same purchase contract. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

15.4 The Customer may still declare offsetting against the offsettable claims mentioned under Clause 16.3, insofar as these claims are time-barred, even if the Customer’s claim was not yet time-barred at the time when the Customer was first able to offset against the Provider’s claim (cf. Section 215 BGB). This also applies to the assertion of a right of retention.

15.5 We are legally obliged to refer you to the European Online Dispute Resolution Platform (ODR platform) of the European Commission, which you can access at http://ec.europa.eu/odr. We, PAULI & CO® Manufaktur GmbH, do not participate in this dispute resolution procedure and we are not obliged to do so.

15.6 The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.