General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Prices and Payment Terms
4. Delivery and Shipping Conditions
5. Force Majeure
6. Delay of Performance at the Customer's Request
7. Retention of Title
8. Liability for Defects / Warranty
9. Liability
10. Statute of Limitations
11. Retention, Assignment
12. Applicable Law, Place of Jurisdiction

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Fontana GmbH & Co. KG (hereinafter "Seller") apply to all contracts for the delivery of goods that an entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall also apply exclusively if the Seller executes the delivery to the Customer without special reservation, despite being aware of terms and conditions of the Customer that conflict with or deviate from these GTC.

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.

1.4 Entrepreneurs within the meaning of these GTC are also authorities or other public law entities if, upon conclusion of the contract, they act exclusively under private law.

2) Conclusion of the Contract

2.1 The product descriptions displayed 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 can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual shopping cart and passed through the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

• by transmitting a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
• by requesting payment from the Customer after the submission of his order, or
• insofar as payment by direct debit is offered and the Customer chooses this payment method, by collecting the total price from the Customer's bank account, whereby the time at which the Customer's account is debited is decisive in this respect.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry 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 his declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out 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, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms for Payments without a PayPal Account, viewable at https://www.paypal.com/de/legalhub/paypal/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 declares the acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When ordering via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the submission of his order. The contract text will not be made accessible by the Seller beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by entering the corresponding login data.

2.6 Prior to the 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 zoom function of the browser, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 The German language is exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address specified by him for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

2.9 If the parties have agreed on special conditions, these shall generally not apply to parallel and future contractual relationships with the Customer.

2.10 In the event of the Customer's economic inability to fulfill his obligations towards the Seller, the Seller may terminate existing reciprocal contracts with the Customer by withdrawal without notice. This also applies in the event of an insolvency petition by the Customer. Section 321 BGB (German Civil Code) and Section 112 InsO (German Insolvency Statute) remain unaffected. The Customer will inform the Seller in writing at an early stage about an imminent insolvency.

3) Prices and Payment Terms

3.1 Unless otherwise stated in the Seller's product description, the prices indicated are net prices, which apply plus the statutory value-added tax. Packaging and shipping costs, loading, insurance (especially transport insurance), customs duties, and levies will be charged separately if applicable.

3.2 Various payment options are available to the Customer, which are specified in the Seller's online shop.

3.3 When selecting a payment method offered via the payment service „PayPal“, payment processing is carried out 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 where he makes advance performance to the Customer (e.g. purchase on account or payment by installments), he assigns his 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 conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative test 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, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of revocation and returns, or credit notes.

3.4 When selecting a payment method offered via the payment service "Mollie", payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: „mollie“). The individual payment methods offered via Mollie are communicated to the Customer in the Seller's online shop. To process payments, Mollie may use further payment services for which special payment conditions may apply, of which the Customer may be notified separately. Further information on "Mollie" is available on the Internet at https://www.mollie.com/de/.

3.5 A payment is deemed to have been received as soon as the equivalent value has been credited to one of the Seller's accounts. In the event of default in payment, the Seller is entitled to default interest at a rate of 10 percentage points above the respective base interest rate. The other statutory rights of the Seller in the event of a default in payment by the Customer remain unaffected by this. Insofar as claims are overdue, incoming payments are first offset against any costs and interest, then against the oldest claim.

3.6 Should unpredictable cost increases occur (e.g. currency fluctuations, unexpected price increases of suppliers, etc.), the Seller is entitled to pass the price increase on to the Customer. However, this only applies if the delivery is scheduled to take place, as agreed, more than four months after the conclusion of the contract.

4) Delivery and Shipping Conditions

4.1 The delivery of goods is carried out by shipping to the delivery address specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing is decisive.

4.2 In the case of goods delivered by a forwarding agent, delivery is made "free curbside", i.e. up to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

4.3 The Seller is entitled to make partial deliveries, provided this is reasonable for the Customer. In the case of permissible partial deliveries, the Seller is also entitled to issue partial invoices.

4.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

4.5 The risk of accidental destruction and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. This also applies if the Seller bears the costs of transport. Transport insurance is only provided at the special request and expense of the Customer.

4.6 If a delivery is not possible for reasons for which the Customer is responsible, e.g. because the goods do not fit through the Customer's entrance door, front door, or staircase, or because the Customer cannot be found at the delivery address specified by him, although the delivery time was announced to the Customer with a reasonable notice period, the Customer bears the costs for the unsuccessful delivery and is obliged to pay a flat-rate default compensation. This amounts to 1% for each full week of delay, but in total a maximum of 8% of the value of the total delivery or of the part of the total delivery not accepted. The parties remain free to prove higher or lower damages.

4.7 In the event that the shipment of the goods to the Customer is delayed for reasons for which the Customer is responsible, the transfer of risk occurs already upon notification of readiness for shipment to the Customer. Any storage costs incurred after the transfer of risk must be borne by the Customer.

4.8 Self-collection is not possible for logistical reasons.

5) Force Majeure

In the event of force majeure events that affect the fulfillment of the contract, the Seller is entitled to postpone the delivery by the duration of the impediment and, in the case of long-term delays, to withdraw from the contract in whole or in part, without any claims being able to be derived against the Seller. Force majeure includes all events that are unpredictable for the Seller or those which – even if they were predictable – lie outside the Seller's sphere of influence and whose impact on the fulfillment of the contract cannot be prevented by reasonable efforts of the Seller. Any statutory claims of the Customer remain unaffected.

6) Delay of Performance at the Customer's Request

If the shipment or delivery of the goods is delayed at the Customer's request by more than one month after notification of readiness for shipment, the Customer may be charged storage fees for each further month started in the amount of 0.5% of the purchase price, but not exceeding a total of 5% of the purchase price. The contracting parties remain free to prove higher or lower damages.

7) Retention of Title

7.1 The Seller retains title to the delivered goods until full payment of the purchase price owed. Furthermore, the Seller retains title to the delivered goods until all of his claims arising from the business relationship with the Customer have been fulfilled.

7.2 In the case of processing of the delivered goods, the Seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the Seller acquires co-ownership in the ratio of the invoice value of his goods to that of the other materials. If, in the event of combining or mixing the Seller's goods with an item of the Customer, the latter is to be regarded as the main item, the co-ownership of the item passes to the Seller in the ratio of the invoice value of the Seller's goods to the invoice value or, in the absence of such, to the market value of the main item. In these cases, the Customer is deemed to be the custodian.

7.3 The Customer may neither pledge nor assign as security items subject to retention of title or rights. The Customer is permitted to resell the goods in the ordinary course of business only as a reseller, provided that the Customer's claims against his buyers in connection with the resale have been validly assigned to the Seller and the Customer transfers title to his buyer subject to payment. By concluding the contract, the Customer assigns his claims against his buyers in connection with such sales to the Seller as security, and the Seller accepts this assignment at the same time.

7.4 The Customer must immediately report any access by third parties to goods owned or co-owned by the Seller or to assigned claims. He must immediately transfer to the Seller any amounts collected by him that have been assigned to the Seller, insofar as the Seller's claim is due.

7.5 Insofar as the value of the Seller's security rights exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding share of the security rights at the Customer's request.

8) Liability for Defects / Warranty

If the purchased item is defective, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies:

8.1 Claims for defects do not arise in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials, or due to special external influences that are not presupposed under the contract. If improper modifications or repair work are carried out by the Customer or by third parties, no claims for defects shall exist for these and the resulting consequences either, unless the Customer can prove that the complained defect was not caused by these modifications or repair work.

8.2 An insignificant defect does not lead to warranty claims and does not entitle the Customer to refuse acceptance of the goods. Should a part of the goods have a significant defect, the Customer is not entitled to refuse the entire delivery. This does not apply if the partial delivery is of no interest to the Customer. Furthermore, payments by the Customer may only be retained to an extent that is in a reasonable proportion to the defect that occurred. If the item is provided free of charge, the Seller's liability for defects is excluded, unless there is intent or gross negligence.

8.3 For new goods, the limitation period for defect rights is one year from delivery of the goods. For used goods, rights for defects are excluded.

8.4 The limitations of liability and shortening of limitation periods regulated above do not apply

• for items that have been used for a building structure in accordance with their customary manner of use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses of the Customer,
• in the event that the Seller has fraudulently concealed the defect, as well as
• for the statutory right of recourse of the Customer against the Seller.

8.5 In the event of subsequent performance, the Seller has the right to choose between remedy of defects or replacement delivery.

8.6 If a replacement delivery is made within the framework of liability for defects, the limitation period does not start anew.

8.7 If the subsequent performance has taken place by way of replacement delivery, the Customer is obliged to return the goods delivered first to the Seller within 30 days. The return package must contain the reason for the return, the customer name, and the number assigned for the purchase of the defective goods, which enables the Seller to allocate the returned goods. As long as and insofar as the allocation of the return is not possible for reasons for which the Customer is responsible, the Seller is not obliged to accept returned goods and to refund the purchase price. The costs of a new shipment shall be borne by the Customer.

8.8 If the Seller delivers a defect-free item for the purpose of subsequent performance, the Seller can claim compensation for use from the Customer in accordance with Section 346 (1) BGB. Other statutory claims remain unaffected.

8.9 If the Customer acts as a merchant within the meaning of Section 1 HGB (German Commercial Code), he is subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer omits the notification obligations regulated there, the goods shall be deemed approved.

9) 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:

9.1 The Seller is liable without limitation under any legal ground

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• on the basis of a warranty promise, unless otherwise regulated in this respect,
• due to mandatory liability, such as under the Product Liability Act.

9.2 If the Seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, 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 fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer may regularly rely.

9.3 Otherwise, any liability of the Seller is excluded.

9.4 The above liability regulations also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

10) Statute of Limitations

Claims of the Customer against the Seller shall lapse – with the exception of the claims regulated under the item "Liability for Defects / Warranty" – within one year from knowledge of the facts justifying the claim, but at the latest within five years after performance of the service, unless liability is unlimited in accordance with the preceding clause.

11) Retention, Assignment

11.1 Rights of retention and rights to refuse performance of the Customer are excluded, unless the Seller does not dispute the underlying counterclaims or these have been legally established.

11.2 An assignment of claims from the contract concluded with the Customer by the Customer, in particular an assignment of any defect claims of the Customer, is excluded.

12) Applicable Law, Place of Jurisdiction

12.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods.

12.2 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 is the registered office of the Seller. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the registered office of the Seller is 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 above cases, however, the Seller is in any case entitled to appeal to the court at the Customer's registered office.