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General Terms and Conditions (GTC) of ergopal GmbH

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Phone: +49 170 7728518

Monday - Friday, between 8:00 am and 4:30 pm

Sales tax identification number: DE361273609

Commercial register: Lübeck HRB 19206

Electronic contact: webmaster@ergopal.net

A. Scope of application

1. These GTC apply to all deliveries and services of ergopal GmbH (hereinafter referred to as "we" or "Contractor") to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) BGB (hereinafter referred to as "Customer"). We do not conclude consumer contracts within the meaning of § 13 BGB; there is therefore no right of withdrawal for consumers.
2. Our General Terms and Conditions apply exclusively. Deviating or supplementary terms and conditions of the customer shall only be recognized if we agree to them in writing. This shall also apply to future transactions, provided that the customer has received our GTC with a confirmed order or they can be viewed on our website (www.ergopal.net).
3. Additions, amendments or ancillary agreements must be made in writing. This also applies to the revocation of this written form clause.

B. Conclusion of contract

1. Our offers (e.g. in the online store, on the website or in print media) are subject to change and non-binding. An order placed by the customer constitutes a binding offer.
2. A contract is concluded by our written order confirmation or by dispatch of the goods without prior confirmation. The order confirmation is decisive for the scope of delivery.
3. Information on products (e.g. dimensions, weights, load capacity) are approximate values unless an exact match has been expressly agreed. Customary deviations or technical improvements are permissible, provided that the contractual use is not impaired.

C. Prices and terms of payment

1. Prices are ex works (EXW, Incoterms 2020), plus statutory VAT, unless otherwise stated in the order confirmation. Shipping costs, assembly or additional services will be charged separately.
2. Payments are due within 14 days of the invoice date without deduction, unless otherwise agreed. Available payment methods (e.g. invoice, prepayment, PayPal) are specified in the order confirmation.
3. In the event of late payment, we shall charge interest on arrears at a rate of 9 percentage points above the prime rate and a reminder fee of EUR 10.00 per reminder. We may make further deliveries dependent on advance payments.
4. Offsetting or retention is only permitted with undisputed or legally established counterclaims.

D. Delivery and transfer of risk

1. Delivery dates are non-binding unless confirmed as binding in writing. The delivery period begins with the order confirmation and requires the clarification of all technical and commercial details.
2. The risk shall pass to the customer upon handover to the carrier or upon collection by the customer. If the goods are ready for dispatch without acceptance by the customer, the customer shall bear the risk and any storage costs.
3. Partial deliveries are permissible if reasonable for the customer.
4. Force majeure or unforeseeable events (e.g. strikes, delivery bottlenecks) shall extend the delivery time appropriately. In the event of permanent impossibility, we may withdraw from the contract.

E. Retention of title

1. Delivered goods remain our property until all claims arising from the business relationship have been settled in full.
2. The customer may resell the reserved goods in the ordinary course of business. Claims arising from the resale shall be assigned to us; we accept the assignment. The customer is revocably entitled to collect these claims.
3. Pledging or transfer by way of security of the reserved goods is not permitted without our consent. In the event of seizure by third parties (e.g. attachments), the customer is obliged to inform us immediately.

F. Warranty

1. Defects must be reported in writing immediately upon receipt of the goods, in the case of hidden defects immediately upon discovery. Otherwise the goods shall be deemed approved.
2. In the event of justified defects, we shall provide subsequent performance (rectification or replacement delivery) at our discretion. If the subsequent performance fails, the customer may reduce the purchase price or withdraw from the contract.
3. The warranty period is 12 months from delivery, unless a longer period is prescribed by law.
4. We accept no liability for damage caused by improper use, natural wear and tear or interference by third parties.

G. Liability

1. Claims for damages are excluded in cases of slight negligence, unless it is a matter of a breach of essential contractual obligations. In this case, liability is limited to typical, foreseeable damages.
2. In the event of intent or gross negligence, we shall be liable in accordance with statutory provisions. This also applies to personal injury or mandatory statutory liability (e.g. Product Liability Act).
3. Liability for loss of profit or indirect damage is excluded.

H. Returns and custom-made products

1. There is no general right of return. Withdrawal from the contract is only possible on a legal basis or by written agreement.
2. Custom-made products (e.g. made-to-measure pallets or freezer trays) are excluded from withdrawal unless there are defects. In the event of justified withdrawal, we shall reimburse any services already rendered.

I. Data protection

1. We process personal data of the customer for contract processing in accordance with Art. 6 para. 1 b GDPR. Details can be found in our privacy policy.
2. Data is passed on to shipping or payment service providers if this is necessary to fulfill the contract.

J. Final provisions

1. The place of jurisdiction for all disputes is Lübeck. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Should a provision be invalid, the validity of the remaining provisions shall remain unaffected. The invalid clause shall be replaced by a provision that comes closest to the economic purpose.
3. The current version of our GTC can be viewed at www.ergopal.net.

ergopal GmbH
Altenaer Straße 134
58513 Lüdenscheid
Germany
Status: March 2025