General Terms and Conditions

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contractual partners, conclusion of contract, correction options

The purchase contract is concluded with S.K.S. Produkte für die Oberflächentechnologie GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these products. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the products in your shopping cart by clicking on the order button. Immediately after submitting your order, you will receive a confirmation email.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English, French, Dutch, Spanish, Italian, Polish

We will store the contract text and send you the order details and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Subject matter of the contract

4.1 Product description

It is pointed out that the respective product description is an essential part of the contract.

4.2 Product images

Notwithstanding your statutory warranty rights, we would like to draw your attention to the following special features. If you have any questions, please contact us:

Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the colors of the products shown and the actual colors are possible.

5. Delivery

5.1 Shipping costs

Standard shipping within Germany and Austria is free of charge.

Express shipping is subject to a surcharge of 32.77 euros. You can find more detailed information on express shipping in the offers.

5.2 Delivery options

We ship the products to the delivery address specified during the ordering process.

We only deliver by shipping. Unfortunately, it is not possible to pick up the goods yourself.

5.3 Delivery by freight forwarder

Appointment

For deliveries by a shipping company, the shipping company commissioned by us will contact you to arrange a delivery date.

Place of delivery

Delivery of the goods is limited to transport and unloading of the goods at the first public curb of the agreed delivery address. Delivery does not include delivery to specific premises or assembly and/or installation of the ordered goods, unless expressly agreed otherwise.

6. Payment

6.1

The prices stated at the time of the order apply. These are total prices and include statutory value added tax.

6.2

The following payment methods are generally available in our shop.

Prepayment
If you select the prepayment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

Amazon
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by Amazon Pay within one banking day after the order is placed.

Amazon Pay may offer registered Amazon Pay customers selected according to its own criteria additional payment methods in their customer account. However, we have no influence on the offering of these methods; any additional payment methods offered individually are governed by your legal relationship with Amazon Pay. For more information, please refer to your Amazon Pay account.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after the order is placed. You will receive further information during the ordering process.

Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further information during the ordering process.

PayPal, PayPal Express
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.

PayPal may offer registered PayPal customers selected at its own discretion additional payment methods in their customer account. However, we have no influence on the offering of these methods; any additional payment methods offered individually are governed by your legal relationship with PayPal. You can find further information on this in your PayPal account.

PayPal
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment via PayPal does not require registration with PayPal. Further information is available for each payment option and during the ordering process.

PayPal, PayPal Express
To pay the invoice amount via the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed.

PayPal may offer registered PayPal customers selected at its own discretion additional payment methods in their customer account. However, we have no influence on the offering of these methods; any additional payment methods offered individually are governed by your legal relationship with PayPal. For more information, please refer to your PayPal account.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you issue PayPal with a direct debit mandate. PayPal will inform you of the date on which your account will be debited (known as prenotification). Your account will be debited before the goods are shipped.

Invoice
The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice. We reserve the right to offer purchase on account only after a successful credit check.

7. Right of withdrawal

You are entitled to the statutory right of withdrawal as described in the cancellation policy.

8. Retention of title

The product remains our property until full payment has been received.
The following applies additionally to entrepreneurs: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale, irrespective of any combination or mixing of the goods subject to retention of title with other goods, in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. Transport damage

For consumers, the following applies: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance company.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier, or the person or institution otherwise responsible for carrying out the shipment.

10. Data backup

You are responsible for backing up your data properly and regularly. We are not liable for damage resulting from the loss of data if you could have avoided the loss of data by means of regular and complete data backup.

The above limitation does not apply to claims based on damage caused by us, our legal representatives, or vicarious agents.

• in the event of injury to life, limb, or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• to the extent that the scope of application of the Product Liability Act is opened up.

11. Warranty and guarantees

11.1 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives, or vicarious agents.

• in the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty or malice
• in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• to the extent that the scope of application of the Product Liability Act is opened up.

Restrictions vis-à-vis entrepreneurs

With regard to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to constitute an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and whose defectiveness has caused it.

The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected.

Note for merchants

The obligation to inspect and give notice of defects as set out in § 377 HGB (German Commercial Code) applies between merchants. If you fail to give notice as required there, the goods shall be deemed to have been approved, unless the defect was not apparent at the time of inspection. This does not apply if we have fraudulently concealed a defect.

11.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

12. Liability

We shall always be liable without limitation for claims based on damage caused by us, our legal representatives, or vicarious agents.

• in the event of injury to life, limb or health,
• in the event of intentional or grossly negligent breach of duty,
• in the event of warranty promises, if agreed, or
• insofar as the scope of the Product Liability Act applies.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal obligations) through slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

13. Code of conduct

We have submitted ourselves to the following codes of conduct:

• Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

14. Dispute resolution

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

15. Final provisions

If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Should individual clauses of these General Terms and Conditions be invalid in whole or in part, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.