I. General Terms and Conditions § 1 Basic Provisions

(1) The following terms and conditions apply to contracts you conclude with us as a provider (Lagerkarton Systembox GmbH) via the website lagerkarton.de, unless a modification is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.

(2) We offer our products for purchase only if you are a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding the legal transaction (entrepreneur). Conclusion of contracts with consumers is excluded. § 2 Formation of the Contract

(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.

(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 stated in the respective offer.

(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the “shopping cart.” You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After clicking the “Checkout” or “Proceed to Checkout” button (or a similar designation) and entering your personal data as well as the payment and shipping conditions, the order data is finally displayed to you as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be led to the order overview page in our online shop or forwarded to the provider’s website of the instant payment system. If you are forwarded to the respective instant payment system, make the corresponding selection or enter your data there. Finally, the order data is displayed to you 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 shop.

Before sending the order, you have the option to review the information in the order overview again, to change it (also via the “back” function of the internet browser) or to cancel the order. By submitting the order via the corresponding button, you legally declare the acceptance of the offer, whereby the contract is concluded.

(4) You can also submit a binding contract offer (order) by telephone, email, fax, or postal service. The acceptance of the offer (and thus the contract conclusion) occurs immediately upon ordering by telephone or at the latest within 5 days by confirmation in text form (e.g., email), in which you are confirmed the execution of the order or delivery of the goods (order confirmation). If you have not received such a message within this period, you are no longer bound to your order. Any services already performed in this case will be refunded immediately.

(5) Upon request, we will make you an individual offer, which will be sent to you in text form and to which we are bound for 5 days (unless a different period is specified in the respective offer). You accept the offer by confirming in text form.

(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated via email. You must therefore ensure that the email address you have deposited with us is accurate, that the receipt of emails is technically ensured, and especially not prevented by SPAM filters. § 3 Individually Designed Goods

(1) You provide us with the necessary suitable information, texts, or files for the individual design of the goods via the online ordering system or at the latest immediately after the conclusion of the contract via email. Our possible specifications for file formats must be observed.

(2) You commit not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also includes the costs of the necessary legal representation in this context.

(3) We do not check the transmitted data for content accuracy and therefore do not assume any liability for errors.

(4) As indicated in the respective offer, you will receive a proof from us, which you must check immediately. If you agree with the draft, you release the proof for execution by counter-signing in text form (e.g., email). Execution of the design work without your release does not occur. You are responsible for checking the proof for accuracy and completeness and for notifying us of any errors. We do not assume liability for unchallenged errors. § 4 Prices, Payment Terms, and Shipping Costs

(1) The prices mentioned in the respective offers as well as the shipping costs are net prices. They do not include the legal value-added tax.

(2) The shipping costs incurred are not included in the purchase price; they are listed separately, unless the delivery is promised to be free of shipping costs. Further details can be found under a correspondingly designated button on our website or in the respective offer.

(3) You bear the costs of money transfer in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

(4) The payment options available to you are displayed under a correspondingly designated button on our website or in the respective offer.

(5) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.

(6) Unless otherwise agreed, the delivery of goods is made against prepayment by transferring the purchase price to our bank account stated in the order confirmation or by sending a payment link by email, through which you can make the payment. Here, the delivery period begins after receipt of payment. § 5 Delivery Conditions

(1) The probable delivery period is specified in the respective offer. Delivery periods stated by us begin with the payment date (except for purchase on account). If no or no deviating delivery period is specified for the respective goods in our online shop, it is 5 days.

(2) If the product you have selected is not available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently not available, we refrain from a declaration of acceptance. A contract is not concluded in this case.

(3) If the product designated by you in the order is only temporarily unavailable, we will also inform you immediately in the order confirmation.

(4) The following delivery area restrictions exist: Delivery is made only to the following countries: Germany, Austria, Switzerland.

(5) The following payment condition restrictions exist: For deliveries to countries outside the European Union, we offer only prepayment by bank transfer. § 6 Right of Retention, Retention of Title

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

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

(3) If you are an entrepreneur, the following applies in addition: a) We retain ownership of the goods until all claims from the current business relationship are settled in full. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the debt. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of the combination and mixing of the reserved goods, we 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.

d) We undertake to release the securities to which we are entitled upon 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 at our discretion. § 7 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage and to notify us and the freight forwarder of complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations: a) Only our own information and the manufacturer’s product description are considered agreed upon as the condition of the item, but not other advertising, public promotions, and statements by the manufacturer.

b) In the event of defects, we provide warranty through repair or replacement delivery at our discretion. If the elimination of the defect fails, you can either demand a reduction in price or withdraw from the contract at your discretion. The elimination of defects is considered to have failed after a second unsuccessful attempt, unless something else results from the nature of the item or the defect or other circumstances. In the event of repair, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

• culpably caused damages from injury to life, body, or health and for other damages caused intentionally or by gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
• in the case of items that have been used for a building in accordance with their usual use and have caused its defectiveness;
• in the case of statutory recourse claims that you have against us in connection with warranty rights. § 8 Choice of Law, Place of Performance, Jurisdiction

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

(2) The place of performance for all services arising from the business relationships existing with us and the 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 if your place of residence or habitual abode is not known at the time the action is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Sales Convention explicitly do not apply. II. Customer Information

1. Identity of the Seller

Lagerkarton Systembox GmbH Breite Str. 2 13187 Berlin Germany Email: info@lagerkarton.de

Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at http://ec.europa.eu/odr.

2. Information on the Formation of the Contract

The technical steps for the formation of the contract, the formation of the contract itself, and the correction options are carried out in accordance with § 2 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 contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved via the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions are sent to you again via email.

4. Essential Characteristics of the Goods or Service

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

5. Prices and Payment Methods

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 correspondingly designated button on our website or in the respective offer, are listed separately in the course of the ordering process, and are to be borne by you additionally unless free shipping is promised.

5.3. The payment methods available to you are displayed under a correspondingly designated button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.

6. Delivery Conditions

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

6.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the item, 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 a person otherwise designated to carry out the shipment.

7. Statutory Warranty Rights

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

These GTC and customer information were created by the lawyers specializing in IT law of the dealer association and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.

last update: 01.01.2022