General terms and conditions of business

between

the company

minota ceramics GbR

Winkler & Maushammer

Klosterstraße 1D

83278 Traunstein

Germany

- hereinafter referred to as "provider" -

and

the respective customer

- hereinafter referred to as "customer" -

I. Scope, Definitions

1. The following General Terms and Conditions, in their version valid at the time of the order, apply exclusively to the business relationship between the provider of the online shop minotaceramics.com (hereinafter "Provider") and the customer (hereinafter "Customer"). Any differing terms and conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.
2. A customer is a consumer if the purpose of the ordered goods and services cannot be predominantly attributed to their commercial or self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or legally capable partnership that, when concluding the contract, is acting in the course of their commercial or self-employed professional activity.

II. Conclusion of the contract

1. The customer can select products or vouchers from the supplier's range and add them to a virtual shopping cart by clicking the "Add to cart" button. By clicking the "Place order" button, the customer submits a binding offer to purchase the goods or vouchers in the shopping cart. Before submitting the order, the customer can view and change the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the "Accept terms and conditions" button, thereby incorporating them into their offer.
2. The supplier then sends the customer an automatic order confirmation by email, which lists the customer's order again. A contract is only concluded when the order is accepted by a declaration of acceptance or by delivery of the ordered items. Upon delivery of the goods, the contract text (consisting of the order, the terms and conditions, and the order confirmation) is sent to the customer by us on a durable medium (paper printout) (contract confirmation). The supplier does not make the contract text available beyond this. The contract text is stored in compliance with data protection regulations.
3. The contract is concluded in German.

III. Delivery, Availability

1. Delivery times stated by the supplier are calculated from the date of order confirmation, provided that the purchase price has been paid in advance. Unless a different delivery time is specified for the respective goods in the online shop, the delivery time is 2 to 5 working days, unless otherwise agreed. Subject to the provision in paragraph 3, it begins upon conclusion of the contract.
2. The supplier delivers to Germany. The supplier decides on the acceptance of orders for deliveries abroad on a case-by-case basis and after prior consultation via email.
3. Delivery dates – unless expressly guaranteed – are non-binding and subject to the timely and complete availability of the goods.
4. The commencement of any specified delivery period is contingent upon the timely and proper fulfillment of the customer's obligations. The right to raise the defense of non-performance of contract remains reserved.
5. If the customer defaults on acceptance or culpably breaches other obligations to cooperate, the supplier is entitled to claim compensation for the resulting damage, including any additional expenses. Further claims remain reserved. Provided the aforementioned conditions are met, the risk of accidental loss or accidental deterioration of the goods passes to the customer at the point in time when the customer defaults on acceptance or payment.
6. If no copies of the product selected by the customer are available at the time of ordering, the supplier will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier will refrain from issuing an acceptance of the order. In this case, no contract is formed.
7. If the product specified by the customer in the order is only temporarily unavailable, the supplier will also inform the customer of this immediately in the order confirmation.

IV. Retention of Title

1. The delivered goods remain the property of the supplier until full payment has been received.
2. The supplier retains ownership of the delivered goods until full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even if the supplier does not always expressly invoke this right.
3. The customer is obligated to treat the purchased item with care as long as ownership has not yet passed to them. As long as ownership has not yet passed, the customer must immediately notify the supplier in writing if the delivered item or vouchers are seized or subject to any other interference by third parties. If the third party is unable to reimburse the supplier for the legal and extrajudicial costs of an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the customer is liable for these costs.
4. If the customer is a business customer, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the supplier, and the supplier accepts, all claims against their customers arising from the resale of the goods subject to retention of title, up to the amount of the final invoice total agreed upon with the supplier (including VAT). This assignment applies regardless of whether the goods are resold before or after processing. The customer remains authorized to collect the receivables even after the assignment. The supplier's right to collect the receivables directly remains unaffected. However, the supplier will not collect the receivables as long as the customer fulfills their payment obligations from the proceeds received, is not in default of payment, and, in particular, no application for insolvency proceedings has been filed or payments have been suspended.

V. Prices and shipping costs

1. All prices listed on the provider's website include the applicable statutory sales tax, duties and taxes.
2. The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal.
3. The goods will be shipped via postal service. The seller bears the shipping risk if the customer is a consumer.
4. In the event of a cancellation, the customer must bear the direct costs of the return shipment.
5. If an order is fulfilled through partial deliveries, the customer only incurs shipping costs for the first partial delivery. If the partial deliveries are made at the customer's request or instigation, the supplier charges shipping costs for each partial delivery.

VI. Payment Terms

1. The customer can make the payment via PayPal, Visa (credit and debit cards), MasterCard (credit and debit cards), American Express.
2. The purchase price is due immediately upon conclusion of the contract.
3. The customer is not entitled to offset claims against the supplier unless the customer's counterclaims have been legally established or are undisputed.
4. Customers may only exercise their rights of retention if their counterclaim arises from the same purchase agreement.

VII. Warranty for defects

1. The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For business customers, the warranty period for goods supplied by the supplier is 12 months from the date of delivery. This does not apply insofar as the law, e.g., Section 479 Paragraph 1 of the German Civil Code (BGB) (right of recourse), mandates longer periods.
2. An additional guarantee for the goods supplied by the provider only exists if it has been expressly stated in the order confirmation for the respective item.
3. Should the delivered goods, despite all due care, exhibit a defect that was already present at the time of the transfer of risk, the supplier will, subject to timely notification of the defect, at its discretion, either repair the goods or deliver replacement goods. The supplier must always be given the opportunity to remedy the defect within a reasonable period. Recourse claims remain unaffected by the foregoing provision.
4. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded to the extent that the expenses increase because the goods delivered by the supplier have subsequently been moved to a location other than the customer's place of business, unless the relocation corresponds to their intended use.

VIII. Complaints

Any complaints arising from this contract must be submitted in writing to:

minota ceramics GbR

Winkler & Maushammer

Kotzinger Street 58

83278 Traunstein

IX. Trademarks, patents and copyrights

1. The customer acknowledges the ownership and title of the supplier to all trademarks, service marks, trade names, patents, copyrights and other intellectual property rights relating to the goods.
2. The customer will not take any action to infringe, deface, remove, alter, obscure, or misuse any such trademark, trade name, or copyright notice.
3. The customer shall inform the provider immediately if he becomes aware of an infringement of such intellectual property rights by third parties and shall provide the provider with reasonable support in connection with any resulting proceedings.

X. Force Majeure

The provider shall in no event be liable to the customer if the provider is prevented from fulfilling its obligations under these terms and conditions, in whole or in part, due to an event of force majeure, the term including: natural disasters, fires, floods, storms, power outages, reductions in energy supply, mechanical failures, lack or shortage of materials or stock, or other circumstances beyond the provider's reasonable control; and strikes, lockouts, or labor disputes concerning the provider or any other party, or any action taken by the provider in connection therewith, or as a consequence or contributing factor thereto.

XI. Liability

1. The customer's claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
2. In the event of a breach of essential contractual obligations, the provider is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body or health.
3. The limitations in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and agents if claims are asserted directly against them.
4. The limitations of liability arising from paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if the supplier and the customer have reached an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.

XII. Waiver Clause

A waiver by the provider in the event of a breach of the customer's obligations under these terms and conditions shall not imply a waiver of any further or future rights of the provider.

XIII. Alternative Dispute Resolution

1. The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
2. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
3. The provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

XIV. Final Provisions

1. Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has their habitual residence, remain unaffected.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
3. All agreements made between the parties for the execution of this contract are set forth in writing. Amendments or additions must also be in writing. This also applies to any waiver of this written form requirement.
4. All declarations of intent by the customer (in particular notices of defects, notices of termination, etc.) must be submitted by the customer in writing.
5. Even if individual clauses are legally invalid, the contract remains binding in its remaining parts. Where applicable, statutory provisions will replace the invalid clauses. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract will be invalid in its entirety.