General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Actiforce Europe GmbH)
via the https://actiforce.com/ website. Unless otherwise agreed at
, the inclusion of any terms and conditions of your own used by you at
is hereby objected to.

(2) A consumer within the meaning of
the following provisions 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
. An entrepreneur is any natural or legal person
or a partnership with legal capacity who, when entering into a
legal transaction, acts in exercise of their independent professional or
commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website
, we make you a binding offer to conclude a
contract via the online shopping cart system under the conditions specified in the
item description.

(3) The contract is concluded via the online shopping cart system as follows:

• The goods intended for purchase are stored in the “shopping cart”. You can call up the
  “Shopping cart” via the corresponding button in the navigation bar at
  and make changes there at any time.
• After clicking on the “Checkout” or “Continue to order” button (or similar) and
  entering your personal data as well as the payment and
  shipping conditions, the order data will finally be displayed as
  order overview.
• If you use an
  instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay,
  Sofort) as a payment method, you will either be taken to the order overview page in
  our online store or redirected to the website of the provider of the
  instant payment system.
• If you are redirected to the respective instant payment system, please select or enter your data there
  .
  Finally, the order data will be displayed as an order overview on the website of the provider of the
  instant payment system or after you have been redirected back to our online store
  .
• Before sending the order, you have the
  possibility to check the details in the order overview again, to change
  (also via the “back” function of the Internet browser) or to cancel the order at
  .
• By sending the order via the corresponding button at
  (“order with obligation to pay”, “buy” /
  “buy now”, “order with obligation to pay”, “pay” / “pay now
  ” or similar designation), you declare your legally binding acceptance of the offer at
  , whereby the contract is concluded.

(4) Your requests for
preparation of an offer are non-binding for you. We will submit a binding offer to
in text form (e.g. by e-mail),
which you can accept within 5 days (unless another period is specified in the respective offer
).

(5) The processing of the
order and transmission of all information required in connection with the conclusion of the
contract is partly automated by e-mail
. You must therefore ensure that the e-mail address you have provided to
is correct, that the receipt of
e-mails is technically ensured and, in particular, that it is not prevented by
SPAM filters.

§ 3 Special agreements on payment methods offered

(1) Payment via “PayPal” / “PayPal Checkout”

If you select a payment method that is offered via “PayPal” / “PayPal Checkout”
, payment will 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; “PayPal”). The individual
payment methods via “PayPal” are displayed to you under a button labeled accordingly
on our website and in the
online ordering process. For payment processing,
“PayPal” may use other payment services; if special
payment conditions apply, you will be informed of these separately.
You can find more information about “PayPal” at
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via “Stripe”

If you select a payment method that is offered via “Stripe”,
payment is processed via the payment service provider Stripe Payments
Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin,
D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe”
are displayed to you under a correspondingly labeled button on
our website and in the online ordering process. For
payment processing, “Stripe” may use other payment services
; if special payment conditions apply,
will inform you of these separately. You can find more information about “Stripe”
at https://stripe.com/de.

§ 4 Right of retentionRetention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

• We reserve title to the goods until full
  settlement of all claims arising from the current business relationship.
  Prior to the transfer of title to the reserved goods, pledging
  or transfer by way of security is not permitted.
• You may resell the goods in the ordinary course of business.
  In this case, you hereby assign to us all claims in the amount of the
  invoice amount that accrue to you from the resale,
  we accept the assignment. You are further authorized to collect the
  claim. However, if you do not properly meet your payment obligations
  , we reserve the right to collect the
  claim ourselves.
• If the reserved goods are combined and mixed, we shall acquire
  co-ownership of the new item in the ratio of the invoice value of the
  reserved goods to the other processed items at the time
  of processing.
• We undertake to release the securities to which we are entitled at your
  request to the extent that the realizable value of our
  securities exceeds the claim to be secured by more than 10%. The
  selection of the securities to be released is incumbent on us.

§ 5 Warranty

(1) The statutory liability for defects shall apply.

(2) As a
consumer, you are requested to check the goods immediately upon delivery for
completeness, obvious defects and transport damage at
and to notify us and the carrier of any complaints as soon as possible
. If you fail to do so, this has no effect on
your statutory warranty claims.

(3) Insofar as
a characteristic of the goods deviates from the objective requirements,
the deviation shall only be deemed agreed if you were informed of the same by us before submitting the
contractual declaration and
the deviation was expressly and separately agreed between the contracting parties
.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

• Only our own
  information and the manufacturer’s product description shall be deemed agreed as the quality of the goods
  , but not other advertising, public promotions and
  statements by the manufacturer.
• In the event of defects, we provide warranty at our discretion
  by rectification or subsequent delivery. If the rectification of defects
  fails, you may, at your discretion, demand a reduction in price or withdraw from the contract
  . The rectification of defects is deemed to have failed after a second unsuccessful
  attempt, unless the nature of the
  goods or the defect or other circumstances indicate otherwise
  . In the event of rectification of defects, we shall not be obliged to bear the increased costs
  arising from the transfer of the goods to a place other than the
  place of performance, unless the transfer corresponds to the
  intended use of the goods.
• The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
  
  • for damages attributable to us culpably
    caused by injury to life, body or
    health and for other damages caused intentionally or through gross negligence
    ;
  • insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
  • for items that have been used for a building in accordance with their
    normal use and
    have caused its defectiveness;
  • in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 6 Choice of law, place of performance, place of jurisdiction

(1) German
law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not deprive
of the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual
residence
(principle of favorability).

(2) The place of performance for
all services arising from the business relationships existing with us and
place of jurisdiction is our registered office, insofar as you are not a consumer, but
a merchant, a legal entity under public law or
a special fund under public law. The same applies if you
do not have a general place of jurisdiction in Germany or the EU or
your place of residence or habitual abode is not known at the time the action is brought
. The right to bring an action before the court at another
statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II Customer information

1. identity of the seller

Actiforce Europe GmbH

Rudolf-Diesel-Strasse 29-31

31582 Nienburg/Weser

Germany
Phone: +495021887750
E-mail: kontakt@actiforce.com

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract
, the conclusion of the contract itself and the
correction options are carried out in accordance with the regulations
“Conclusion of the contract” of our General Terms and Conditions
(Part I.).

3. contract language, contract text storage

3.1. The contract language is German.

3.2. The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system,
the contract data can be printed out using the browser’s print function or saved electronically at
. After we have received the order,
will send you the order data, the information required by law for
distance selling contracts and the General Terms and Conditions again
by e-mail.

3.3. In the case of requests for quotations outside the
online shopping cart system, you will receive all contract data as part of a
binding offer in text form, e.g. by e-mail, which
you can print out or save electronically.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5 Prices and terms of payment

5.1. The prices listed in the respective offers
as well as the shipping costs represent total prices. They
include all price components including all applicable
taxes.

5.2. The shipping costs incurred are
not included in the purchase price. They can be called up via a button labeled accordingly
on our website or in the respective
offer, are shown separately during the ordering process
and are to be borne by you in addition, unless
has promised free shipping.

5.3. If the delivery is made to countries
outside the European Union, further costs may be incurred for which we are not responsible
, such as customs duties, taxes or
money transfer fees (transfer or exchange rate fees of the
credit institutions), which are to be borne by you.

5.4. Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) are
to be borne by you in cases where the delivery is made to an
EU member state, but the payment was initiated outside the European
Union.

5.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.6. Unless otherwise stated in the individual
payment methods, the payment claims arising from the contract concluded at
are due for payment immediately.

6. terms of delivery

6.1. The delivery conditions, the
delivery date and any existing delivery restrictions can be found at
under a correspondingly labeled button on our
website or in the respective offer.

6.2. If you are a consumer,
is regulated by law that the risk of accidental loss and
accidental deterioration of the sold item during shipment
only passes to you when the goods are handed over, regardless of whether the
shipment is insured or uninsured. This does not apply if
you have independently commissioned a
transport company not named by the entrepreneur or another person designated to carry out the shipment
.

If you are an entrepreneur, delivery and shipment are at your risk.

7. statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).