General Terms and Conditions with Customer Information

1. Scope of Application
2. Offers and Service Descriptions
3. Ordering Process and Contract Conclusion
4. Prices and Shipping Costs
5. Delivery, Product Availability
6. Payment Terms
7. Retention of Title
8. Customer Account
9. Warranty for Defects and Guarantees
10. Liability
11. Storage of Contract Text
12. Final Provisions

1. Scope of Application
1.1. These General Terms and Conditions (GTC) apply exclusively to the business relationship between logiware GmbH, Alfred-Mozer-Str. 51, D-48527 Nordhorn (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) in the version valid at the time of the order.

1.2. For these GTC, a consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed primarily to their commercial or self-employed professional activities. An entrepreneur is a natural or legal person, or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity upon entering into a legal transaction.

1.3. Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. Offers and Service Descriptions
2.1. The product presentation in the online shop does not represent a legally binding offer but an invitation to submit an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.

2.2. All offers are valid “while stocks last,” unless otherwise stated for the products. Errors are reserved.

3. Ordering Process and Contract Conclusion
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the button marked [add to cart]. Within the shopping cart, the product selection can be modified, e.g., deleted. The customer can then proceed to checkout by clicking the button marked [proceed to checkout].

3.2. By clicking the button marked [place a binding order], the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can review and modify their details and can also return to the shopping cart using the browser’s “back” function or cancel the ordering process entirely. Required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic confirmation of receipt by email, which lists the customer’s order and which the customer can print out using the “print” function. The automatic confirmation of receipt merely documents that the order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller dispatches the ordered product to the customer within two days, hands it over, or confirms dispatch to the customer within two days by sending a second email, express order confirmation, or invoice. Alternatively, the contract can be concluded by the seller requesting payment from the customer, at the latest by the conclusion of the payment transaction. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded, and the customer is no longer bound by their offer.

3.4. For business customers, the aforementioned period for dispatch, delivery, or order confirmation is seven days instead of two.

3.5. If the seller allows for advance payment, the contract is concluded upon the provision of the bank details and the payment request. If payment is not received within 10 calendar days after the order confirmation despite a reminder, the seller will withdraw from the contract, making the order void and releasing the seller from any delivery obligation. The order is then without any further consequences for both buyer and seller. The reservation of items for advance payments is, therefore, limited to a maximum of 10 calendar days.

4. Prices and Shipping Costs
4.1. All prices on the seller’s website include the applicable statutory sales tax.

4.2. In addition to the indicated prices, the seller will charge shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the order process.

5. Delivery, Product Availability
5.1. Delivery occurs after receipt of the invoice amount, as long as advance payment has been agreed upon.

5.2. If delivery fails due to customer fault after three attempts, the seller may withdraw from the contract. Any payments made will be promptly refunded to the customer.

5.3. If the ordered product is unavailable because the seller is not supplied with this product by their supplier without fault on their part, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and may suggest a comparable product if available. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will promptly refund any payments made.

5.4. Customers are informed of delivery times and delivery restrictions (e.g., restrictions on delivery to specific countries) on a separate information page or within the respective product description.

5.5. For business customers, the risk of accidental loss or deterioration of the goods passes to the customer as soon as the seller has handed over the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Delivery dates and deadlines are not fixed deadlines unless otherwise agreed.

5.6. The seller is not liable for delivery and service delays due to force majeure or due to unforeseeable events that significantly hinder or make delivery impossible. In such cases, the seller is entitled to postpone the delivery or service by the duration of the hindrance plus a reasonable startup period. This right to delay applies to customers who are businesses even if unforeseen events occur that affect a supplier’s business and are not the seller’s or supplier’s fault. During the delay, the customer is also released from their contractual obligations, particularly from payment. If the delay is unreasonable for the customer, they may withdraw from the contract by providing an appropriate deadline or by mutual agreement.

6. Payment Terms
6.1. The customer can choose from the available payment methods before completing the ordering process. Customers are informed about the available payment methods on a separate information page.

6.2. If payment by invoice is available, payment is due within 30 days of receipt of the goods and invoice. For all other payment methods, payment is required in advance without any deductions.

6.3. If third-party providers are commissioned to process payments, such as PayPal, their general terms and conditions apply.

6.4. If the due date for payment is determined by the calendar, the customer will be in default for missing the deadline. In this case, the customer must pay the statutory default interest.

6.5. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages caused by the default.

6.6. The customer is only entitled to offset if their counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

7. Retention of Title
Until full payment, the delivered goods remain the property of the seller. For business customers, the seller retains ownership of the goods until all claims from the ongoing business relationship have been settled. The buyer is obliged to handle the purchased item with care until ownership has passed.

8. Customer Account

8.1 The seller provides customers with a customer account. Within the customer account, customers can view order information and their stored data with the seller. The stored information is not public.

8.2. To place an order, customers may need to create a customer account. Guest ordering may not be available.

8.3. Customers are required to provide truthful information in the customer account and update any changes as necessary (e.g., a new email address or postal address before placing an order). Customers are responsible for any disadvantages caused by incorrect information.

8.4. The customer account must only be used in accordance with applicable laws and the seller’s terms, especially those related to the protection of third-party rights. Any other type of use, especially through external software, such as bots or crawlers, is prohibited.

8.5. Customers are responsible for the information and content they store, provide, or upload in their customer account. The seller does not claim ownership of customer content but reserves the right to take necessary measures in cases of legal violations.

8.6. Customers can cancel their customer account at any time. The seller can terminate the customer account with a reasonable notice period, usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.

8.7. After termination, the customer will no longer have access to their customer account or the information stored therein. It is the customer’s responsibility to secure their data upon account termination.

9. Warranty for Defects and Guarantees
9.1. Warranty for defects is based on statutory provisions.

9.2. Guarantees on goods exist only if explicitly provided. Customers will be informed of any warranty conditions before ordering.

9.3. Business customers are required to promptly inspect and report any defects to the seller, no later than two weeks from delivery. Standard deviations in quality, weight, size, thickness, width, finish, and color are not considered defects.

10. Liability
10.1. The seller is liable without limitation for damages caused by intent or gross negligence.

10.2. For slight negligence, the seller is only liable for essential contractual obligations, where a breach endangers the purpose of the contract.

10.3. Liability is limited in cases of minor negligence except for damages caused by injury to life, body, or health.

11. Storage of Contract Text
11.1. Customers can print the contract text before placing an order using the print function in their browser.

11.2. The seller sends an order confirmation, including the order details, to the email provided by the customer. The seller also retains a copy of the GTC.

12. Final Provisions
12.1. If the customer is a business, the place of performance and jurisdiction is the seller’s location unless otherwise agreed upon.

12.2. For business customers, the applicable law is the law of [Federal Republic of Germany / Republic of Austria], excluding the UN Convention on Contracts for the International Sale of Goods.

12.3. The contract language is German.

12.4. EU Online Dispute Resolution: http://ec.europa.eu/consumers/odr/. The seller is not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.