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General Terms and Conditions and Information

issued by Emerson Renaldi, Inh. Birgit Pfeiff KG

PART I: General Terms and Conditions


1. GENERAL RULES AND SCOPE
The terms and conditions of Emerson Renaldi, Inh. Birgit Pfeiff KG apply exclusively. Emerson Renaldi, Inh. Birgit Pfeiff KG, is also referred to below using the terms “provider”, “user” or “we”. Conditions of the customer that deviate from or conflict with our terms and conditions are not recognized. The business conditions of Emerson Renaldi, Inh. Birgit Pfeiff KG, also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer.
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (Emerson Renaldi, Inh. Birgit Pfeiff KG) via the website www.emerson-renaldi.com. Unless otherwise agreed, the inclusion of your own conditions, if any, is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.

2. EFFECTIVENESS OF THE CONTRACT, PRICES AND PAYMENT
(1) The subject matter of the contract is the sale of goods, unless otherwise agreed.
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.
(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 use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your preferred payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the provider's website of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to our online shop on the order overview page. Before submitting the order, you have the opportunity to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the "order with obligation to pay" button, you declare legally binding the acceptance of the offer, whereby the contract is concluded.
(4) Only the prices published online by Emerson Renaldi, Inh. Birgit Pfeiff KG apply. These are given in EURO and must be paid in this currency. The user does not assume any exchange rate fluctuation risk. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by the customer in addition, unless free delivery has been promised.
(5) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

3. RIGHTS OF RETENTION
The purchaser / customer is not entitled to any set-off rights, unless his counterclaims have been legally established, are undisputed or have been recognized by Emerson Renaldi, Inh. Birgit Pfeiff KG. He is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

4. DELIVERY TIME
(1) The start of the delivery time specified by us presupposes the timely and proper fulfillment of the purchaser's obligations. The exception of the unfulfilled contract remains reserved.
(2) If the customer is in default of acceptance or if he culpably breaches other obligations to cooperate, we are entitled to reimburse us for the damage we incur, including any additional expenses incurred. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment.
(3) If delivery and service delays arise due to force majeure and / or due to events that not only make delivery temporarily difficult or impossible, we are not responsible for these, even in the case of bindingly agreed deadlines and dates. These entitle Emerson Renaldi, Inh. Birgit Pfeiff KG, to postpone the delivery and service at least for the duration of the hindrance plus a reasonable lead time, or to withdraw from the contract in whole or in part.
(4) Emerson Renaldi, Inh. Birgit Pfeiff KG does not promise any binding deadlines and dates. We always try to fulfill your binding online order within three full calendar days. If your order is received on a Sunday, we will try to fulfill it by the following Wednesday, 24 hours a day.

5. TRANSFER OF RISK AND PACKAGING
(1) Insofar as the customer is a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, 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 user or another person appointed to carry out the shipment.
(2) If the purchaser is an entrepreneur, the risk of accidental loss or accidental deterioration of the goods passes to the purchaser when the goods are dispatched to the purchaser, at the latest when they leave the user's factory / warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
(3) Unless otherwise stated in the order confirmation, delivery "ex works" or "ex warehouse" is deemed to have been agreed. If Emerson Renaldi, owner Birgit Pfeiff KG wishes to take back packaging, separate agreements apply If the customer requests transport insurance, Emerson Renaldi, Inh. Birgit Pfeiff KG, will cover the delivery accordingly; the customer shall bear the costs incurred as a result.

6. WARRANTY AND LIABILITY
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you do not do this, this has none effect on your statutory warranty claims.
(3) Warranty rights of a customer who is an entrepreneur presuppose that he has duly complied with his inspection and complaint obligations according to § 377 HGB.
(4) If there is a defect in the purchased item, the customer is entitled to supplementary performance in the form of remedying the defect or delivering a new, defect-free item. In the event that the supplementary performance fails, the customer is entitled to demand a reduction in the purchase price or to withdraw from the purchase contract.
(5) Emerson Renaldi, Inh. Birgit Pfeiff KG, is liable in accordance with the statutory provisions insofar as the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents, or if we culpably breach an essential contractual obligation. Unless there is an intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
(6) The liability of the user in the event of culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(7) Unless otherwise regulated above, the liability of Emerson Renaldi, owner Birgit Pfeiff KG, as well as all further rights of withdrawal are excluded. This also applies in particular in cases of force majeure (epidemics, war, natural disasters, etc.).
(8) If the customer is a consumer, claims for defects become statute-barred 2 years, otherwise they become statute-barred 12 months after delivery of the goods to the customer. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as injury to life, body and health that are based on an intentional or negligent breach of duty by the user. The warranty is excluded for used goods, this does not apply if the customer is a consumer.

7. RETURNS AND BEARING OF COST
(1) Insofar as goods are due to the user's obligation to provide supplementary performance in accordance with above no. 6. (4) is returned, the user bears the costs of the return.
(2) In addition, goods free of defects can only be returned within 14 days of dispatch from the user's "warehouse". The customer bears the costs of the return and the risk of accidental loss or damage to the goods on the return route. In this case the user is entitled to a corresponding claim for damages against the customer.

8. RESERVATION OF TITLE
(1) We reserve title to the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the customer behaves contrary to the contract.
(2) As long as ownership has not yet passed to him, the customer is obliged to treat the purchased item with care. In particular, he is obliged to insure them adequately against theft, fire and water damage at his own expense. As long as ownership has not yet passed, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss we incur.
(3) The customer is entitled to resell the reserved goods in the normal course of business. The purchaser hereby assigns to us the claims against the customer from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item has been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer fulfills his 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 made or payments have been suspended.

9. PLACE OF JURISDICTION - PLACE OF PERFORMANCE
(1) The exclusive place of jurisdiction for all disputes arising from this contract is our place of business, but we are also entitled to sue the customer at his place of residence if he is not a businessman. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of fulfillment for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or 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 brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The entire legal relationship between the parties is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG) and all other relevant international provisions.

10. PRIVACY POLICY
We are obliged to comply with the applicable data protection regulations. We are entitled to save the personal data communicated in the context of the order for the purpose of contract processing by means of EDP and to include it in a customer file. We refer to our corresponding data protection declaration within the meaning of the European General Data Protection Regulation (GDPR).

Imprint of the user:
Emerson Renaldi, Inh. Birgit Pfeiff KG



PART II: INFORMATION FOR CUSTOMERS

1. VENDOR'S IDENTITY
Emerson Renaldi, Inh. Birgit Pfeiff KG
Kaiserstrasse 11-13
90403 Nürnberg
Phone: +49 (0) 911 208808
E-Mail: info@emerson-renaldi.com

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

2. INFORMATION ON THE FORMATION OF THE CONTRACT
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I.).

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.
3.3. For requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. CODES OF CONDUCT
We have submitted to the buyer's seal quality criteria of the Händlerbund Management AG and thus the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at:
https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatslösungen.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/

5. ESSENTIAL CHARACTERISTICS OF THE GOODS OR SERVICE
The essential characteristics of the goods and / or services can be found in the respective offer.

6. PRICES AND PAYMENT METHODS
6.1. 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.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
6.4. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. TERMS OF DELIVERY
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to you when the goods are handed over, 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 another person appointed to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your own risk.

8. STATUTORY LIABILITY RIGHT
The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).


Date: August 2020