General terms and conditions of business

between

the company

minota ceramics GbR

Winkler & Maushammer

Kotzinger Straße 58

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 apply exclusively to the business relationship between the provider of the online shop minotaceramics.com (hereinafter "Provider") and the customer (hereinafter "Customer") in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the Provider expressly agrees to their validity in writing.
2. The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person, or partnership with legal capacity, who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.

II. Conclusion of contract

1. The customer can select products or vouchers from the provider's range and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Order with payment" button, the customer submits a binding request to purchase the goods or vouchers in the shopping cart. Before submitting the order, the customer can change and view 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 application.
2. The provider will then send the customer an automatic confirmation of receipt via email, which will list 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, General Terms and Conditions, and order confirmation) will be sent to the customer on a permanent data medium (paper printout) (contract confirmation). The provider will not make the contract text available beyond this time. The contract text will be stored in compliance with data protection regulations.
3. The contract is concluded in German.

III. Delivery, availability

1. Delivery times specified by the provider are calculated from the date of order confirmation, provided the purchase price has been paid in advance. If no or no different delivery time is specified for the respective goods from the online shop, the delivery time is 2 to 5 working days, unless otherwise agreed. Subject to the provisions in paragraph 3, the delivery period begins upon conclusion of the contract.
2. The provider ships to Germany. The provider decides on an individual basis whether to accept orders for deliveries abroad, following 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 time is subject to the timely and proper fulfillment of the customer's obligations. The right to assert a defense of non-fulfillment of the contract remains reserved.
5. If the customer defaults on acceptance or culpably violates other obligations to cooperate, the provider is entitled to demand compensation for the resulting damages, including any additional expenses. Further claims remain reserved. Provided the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time the customer defaults on acceptance or payment.
6. If no copies of the selected product are available at the time the customer places the order, the provider will notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from accepting the order. In this case, a contract will not be concluded.
7. If the product specified by the customer in the order is only temporarily unavailable, the provider 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 provider until full payment has been made.
2. The provider retains title to the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if the provider does not always expressly invoke this.
3. The customer is obligated to treat the purchased item with care until ownership has been transferred to them. Until ownership has been transferred, the customer must immediately notify the provider in writing if the delivered item or vouchers are seized or subject to other third-party interventions. If the third party is unable to reimburse the provider for the legal and extrajudicial costs of a lawsuit pursuant to Section 771 of the 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 reserved goods in the normal course of business. The customer hereby assigns to the provider any claims arising from the resale of the reserved goods to their customers in the amount of the final invoice amount agreed with them (including VAT), and the provider accepts this assignment. This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim even after the assignment. The provider's authority to collect the claim itself remains unaffected. However, the provider will not collect the claim as long as the customer meets its payment obligations from the proceeds received, is not in default of payment, and in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended.

V. Prices and shipping costs

1. All prices stated on the provider's website include the applicable statutory sales tax, duties and customs duties.
2. The corresponding shipping costs will be stated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of withdrawal.
3. The goods will be shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.
4. In the event of a cancellation, the customer shall bear the direct costs of the return shipment.
5. If an order is fulfilled through partial deliveries, the customer will only incur shipping costs for the first partial delivery. If partial deliveries are made at the customer's request or instigation, the provider will charge shipping costs for each partial delivery.

VI. Terms of payment

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

VII. Warranty for material defects

1. The provider 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 businesses, the warranty period for goods delivered by the provider is 12 months after delivery of the goods. This does not apply if the law stipulates longer periods, e.g., pursuant to Section 479 Paragraph 1 of the German Civil Code (right of recourse).
2. An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.
3. Should, despite all due care, the delivered goods exhibit a defect that already existed at the time of transfer of risk, the provider shall, at its discretion, repair the goods or deliver replacement goods, subject to timely notification of defects. The provider must always be given the opportunity to remedy the defect within a reasonable period of time. Recourse claims remain unaffected by the above provision.
4. Claims by the customer for expenses required 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 provider were subsequently transported to a location other than the customer's branch, unless the transport corresponds to their intended use.

VIII. Complaints

Complaints arising from this contract must be addressed in writing to:

minota ceramics GbR

Winkler & Maushammer

Kotzinger Straße 58

83278 Traunstein

IX. Trademarks, Patents and Copyrights

1. The Customer acknowledges the Ownership and Title of the Provider to all trademarks, service marks, trade names, patents, copyrights and other intellectual property rights relating to the Goods.
2. The Customer shall 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 it becomes aware of any infringement of such intellectual property rights by third parties and shall provide the Provider with its reasonable assistance in connection with any resulting proceedings.

X. Force majeure

In no event shall the Supplier be liable to the Customer if the Supplier is prevented from performing any of its obligations under these Conditions in whole or in part due to any Force Majeure event, which event shall include any act of God, fire, flood, storm, power failure, curtailment of energy supply, mechanical breakdown, lack or shortage of materials or stocks or any other circumstances beyond the reasonable control of the Supplier and; strikes, lockouts or industrial disputes concerning the Supplier or any other party or any action taken by the Supplier in connection therewith, or arising as a result of or in furtherance of them.

XI. Liability

1. The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as 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 shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
3. The restrictions in paragraphs 1 and 2 also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
4. The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or provided a guarantee for the quality of the item. The same applies if the provider and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.

XII. Waiver Clause

Any waiver by the Provider of any breach by the Customer of any of its obligations under these Terms and Conditions shall not constitute 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 on the Internet at the following link: https://ec.europa.eu/consumers/odr
2. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
3. The provider is neither obliged 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. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, particularly those of the state in which the customer, as a consumer, has his or her 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 registered office of the provider.
3. All agreements made between the parties for the purpose of executing this contract are set forth in writing. Any changes or additions must be made in writing. This also applies to any waiver of this written form clause.
4. All declarations of intent by the customer (in particular complaints about defects, terminations, etc.) must be made in writing.
5. Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions, where applicable, shall be replaced by the statutory provisions. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.