General Terms & Conditions of GPO GmbH

I. Scope of Application

The General Terms and Conditions (GTC) listed here apply to all legal transactions concluded with GPO GmbH (hereinafter referred to as GPO GmbH, GPO) via the websites www.gp-optics.com, www.gpogolf.com, and www.gpo-usa.com.

Deviating regulations require the prior written confirmation of GPO GmbH; a reference by GPO GmbH to a letter from the customer which contains the customer's GTC is not sufficient. The following  terms and conditions shall be deemed accepted at the latest upon receipt of the goods.

II. Conclusion of Contract

1. By placing an order, the customer makes a binding contractual offer. Following the order, the customer will first receive a non-binding order confirmation with an overview of the order they have placed. The contract between the customer and GPO GmbH as the contractor is only concluded upon transmission of the order confirmation. GPO GmbH as the contractor will accept the order by sending an order confirmation via email a maximum of five days after receipt of the order.

2. For orders with delivery to third parties, the person placing the order is always considered the customer, unless a different written agreement has been made.

3. The contract is concluded exclusively in the German language. German law shall apply to the contractual relationship. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The normal case for the application of the UN CISG is the purchase of goods between commercial sellers from different contracting states of the UN CISG. The seller and buyer need not be merchants, nor do they need to have the nationality of one of the  contracting states. The decisive factor is the usual place of residence and the place of business, Art. 1. The UN CISG is not applicable to  consumer¬contracts (if the private purpose of the purchase was recognizable to the seller.

4. GPO GmbH reserves the right to refuse orders and to terminate contracts already concluded
extraordinarily and without notice if legal concerns arise. Legal concerns may include embargoes on countries or individuals.

5. Subject to prior sale.

III. Rights of Withdrawal and Exclusion of Withdrawal for Consumer Contracts

1. Right of withdrawal for the delivery of goods that were not produced to customer specifications and are delivered in one shipment

Instructions on Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must inform us

GPO GmbH
Wildmoos 9
82266 Inning am Ammersee
Germany

by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you (with the exception of delivery and shipping costs, customs clearance costs, and the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will exclusively use bank transfer. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to GPO GmbH, Wildmoos 9, 82266 Inning, Germany, without undue delay and in any event not later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You only have to pay for any loss in value of the goods if it has been used in a way that goes beyond checking its normal function.

Special Note
Your right of withdrawal expires prematurely if we begin with the performance of the contract at your express request before the end of the withdrawal period.

2. Exclusion of the Right of Withdrawal for the Delivery of Goods Made to Customer Specifications

The right of withdrawal does not apply to distance selling contracts – for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Insofar as the production of printed materials via the GPO GmbH website is carried out according to customer specifications, there is therefore no statutory  right of withdrawal. A contractual right of withdrawal is not granted.

IV. Communication, Notifications

1. The customer must provide an electronic mail address (email address) at the time of ordering at the latest, and must ensure its technical functionality from the time the order is placed until the final completion of the order. This email address shall also apply to future orders until revoked or changed by the customer.

2. In particular, the customer must ensure that emails from GPO GmbH can reach them by adjusting their spam filter and email client (locally and/or with their provider).

3. Notifications from GPO GmbH sent by email to the specified email address shall be deemed to have been received by the customer after they have been sent, provided that the customer is an entrepreneur within the meaning of § 13 BGB (German Civil Code). If the customer is a consumer, this only applies if the declaration is not of special / elementary importance.

4. The customer is permitted to prove that a notification sent to them was not received for reasons outside their sphere of influence. GPO GmbH is only liable for transmission errors if the cause lies within its sphere.

5. GPO GmbH is generally not obliged to inform the customer of missing, incorrect, or non-functional email addresses.

V. Prices/Offers

1. We are bound by our offers for 14 days, calculated from the offer date. This does not apply to offers that are expressly marked as "subject to change".

2. The prices at the time of the order apply. Insofar as price offers are limited in time, the period of validity is specially marked on the shop pages.

3. All prices quoted are generally subject to the condition that the order data on which the offer was based remain unchanged.

4. The prices listed in the shopping cart are final prices and include the statutory value-added tax, but do not include shipping, packaging, and transport insurance.

5. If the customer is not present at the delivery address, the costs for a second and third delivery attempt will be charged additionally to the customer if additional costs are incurred. Likewise, the costs for a return shipment due to non-deliverability will be invoiced separately, provided that the customer is responsible for the non-deliverability.

6. If the customer makes use of their right of withdrawal for orders not made to customer specifications, they shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed an amount of 40 euros, or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return shipment is free of charge for the customer.

7. Only the prices listed in our order confirmation are authoritative.

VI. Payment

1. The selectable payment methods will be communicated to the customer during the ordering process.

2. Unless otherwise specified by the payment method itself, e.g., e-payment, payment must be made immediately upon receipt of the invoice without any deduction to the specified account of GPO GmbH.

3. Payment methods other than those offered in the online shop for the order are only valid with the express written consent of the contractor. Checks and bills of exchange are generally not accepted as means of payment.

4. GPO GmbH shall issue a single invoice for all order items within a shopping cart order. Interest and expenses shall be borne by the customer. In the case of cancellations subject to a charge, the invoice will be issued on the day of cancellation and must be paid immediately by the customer.

5. If it becomes apparent after the conclusion of the contract that the fulfillment of the payment claim is endangered due to the customer's lack of ability to pay, GPO GmbH may demand advance payments, withhold goods not yet delivered, and cease further work. GPO GmbH is also entitled to these rights if the customer is in default with the payment of services based on the same legal relationship. § 321 para. 2 BGB (German Civil Code) remains unaffected.

6. Unless otherwise agreed with our customers, our invoices are to be paid immediately upon receipt, but no later than 7 days after the invoice date. Insofar as advance payment has been agreed, we are entitled to withhold delivery of the ordered goods in whole or in part until the purchase price has been paid in full.

7. In the event of default in payment, default interest shall be payable. If the customer is a consumer, the
default interest rate for the year is five percentage points above the base interest rate; otherwise, it is nine percentage points above the base interest rate. The assertion of further or higher damages caused by default by GPO GmbH is not excluded by this.

8. The customer may only offset with an undisputed or legally established claim or exercise a right of retention.

VII. Credit Check

GPO GmbH reserves the right to transmit personal data to the credit agencies listed below for the purpose of checking the customer's creditworthiness, to obtain and process information for credit checks, and, depending on the result, to enable the payment method "invoice". Your legitimate interests will be taken into account in accordance with the statutory provisions.

Verband der Vereine Creditforum e. V.
Hellersbergstraße 12
41460 Neuss
Creditreform Boniversum GmbH
Hellersbergstraße 11
41460 Neuss

CRIF Bürgel GmbH
Radlkoferstraße 2
81373 München

In order for us to be able to provide you with advance services (payment on account, payment by installments, etc.), we must take precautions to ensure that this type of payment processing is not abused and that consumers are protected from economic overload. Our company is therefore connected to the credit warning system of the credit agency

Verband der Vereine Creditform e.V.
Hellersbergstraße 12
41460 Neuss

to protect against payment defaults due to insolvency, abuse due to unwillingness to pay, and fraudulent use by third parties. We reserve the right to have the credit agency carry out a credit check for customers with the payment method "invoice", which carries out a so-called credit scoring procedure on the basis of mathematical-statistical methods within the meaning of § 28b No. 1 BDSG. The basis of the thus calculated  probability value – your creditworthiness – is, in accordance with § 28b No. 3 BDSG, not only your address data, but also your personal data (first and last name) and personal data about your previous payment behavior. The data is collected solely for the purpose of determining a statistical risk about your future behavior with regard to solvency and willingness to pay and with a view to the probability of a
payment default. This gives us the opportunity to make a sufficiently well-founded discretionary decision in individual cases as to whether we can provide you with advance services or maintain them. In order to have a corresponding credit check carried out by the credit agency, we transmit your personal and address data to them. You can object to the transmission of your data to the credit agency at any time without giving reasons.
In this case, however, the payment options available to you are limited to prepayment and e-payment. We can then no longer provide you with advance services and may have to terminate them. In addition, we also transmit personal contract data and information about non-contractual payment behavior to the credit agency and also obtain corresponding information from other contractual relationships that arise with you during the processing period of our contractual relationship. This data is transmitted within the scope of what is legally permissible and only to protect our legitimate interests or those of another contractual partner of the credit agency and taking into account your legitimate interests and concerns regarding the exclusion of the transmission. Data is only transmitted to the credit agency due to non-contractual behavior if you have expressly agreed to this in a manner that complies with the requirements of § 31 para. 2 no. 3 BDSG. Irrespective of this, we reserve the right, within the scope of what is legally permissible, to transmit your personal data about a claim to the aforementioned credit agency, provided that you have not rendered a due service despite it being due, have been reminded in writing twice after the claim became due, four weeks have passed between the first reminder and the transmission, and you have not disputed the legality of the claim. You will be informed by us in good time before a transmission to the credit agency. We would like to point out that, contrary to the previous legal situation, an individual case assessment weighing your interests no longer takes place before a report is made to the credit agency; rather, the procedure is automated. We would like to point out that you have a right to information from both us and the credit agency under Art. 15 GDPR. The information is free of charge. On behalf of Creditreform Boniversum, we are providing the following information in accordance with Art. 14 GDPR:
Our company regularly checks creditworthiness when concluding contracts and, in certain cases where there is a legitimate interest, also for existing customers. For this purpose, we work with

Creditreform Boniversum GmbH
Hellersbergstraße 11
41460 Neuss
Germany

from whom we receive the necessary data. On behalf of Creditreform Boniversum GmbH, we are providing you with the following information in advance in accordance with Art. 14 GDPR:
Creditreform Boniversum GmbH is a consumer credit agency. It operates a database in which credit information about private individuals is stored. On this basis, Creditreform Boniversum GmbH provides credit reports to its customers. Customers include, for example, credit institutions, leasing companies, insurance companies, telecommunications companies, debt collection agencies, mail order, wholesale and retail companies, and other companies that supply or provide goods or services. Within the framework of the statutory provisions, some of the data available in the credit information database is also used to supply other company databases, including for address trading purposes. The database of Creditreform Boniversum GmbH stores in particular information about the name, address, date of birth, email address if applicable, payment behavior and shareholdings of persons. The purpose of processing the stored data is to provide information about the creditworthiness of the person in question. The legal basis for the processing is Art. 6 para. 1 lit. f GDPR. If data is transferred to countries outside the EU, this is done on the basis of the so-called "Standard Contractual Clauses", which you can view at the following link:
http://eur-lex.europa.eu/legalcontent/DE/TXT/PDF/?uri=CELEX:32001D0497&from=DE
or have sent to you from there. Information about this data may only be provided if a customer can credibly demonstrate a legitimate interest in knowing this information. Legitimate interests within the meaning of Art. 6 para. 1 lit. f GDPR can be: credit decision, business initiation, shareholdings, claim, credit check, insurance contract, enforcement information. The data is stored for as long as knowledge of it is necessary for the fulfillment of the purpose of storage. Knowledge is generally necessary for a storage period of initially three years. After expiry, it is checked whether storage is still necessary, otherwise the data is deleted to the day. In the event that a matter is settled, the data is deleted to the day three years after settlement. Entries in the debtor register are deleted to the day in accordance with § 882e ZPO after three years have elapsed since the day the entry was ordered. You have a right to information from Creditreform Boniversum GmbH about the data stored there about you. If the data stored about you is incorrect, you have a right to correction or deletion. If it cannot be determined immediately whether the data is incorrect or correct, you have a right to have the respective data blocked until clarification. If your data is incomplete, you can request its completion. If you have given your consent to the processing of the data stored at Creditreform Boniversum GmbH, you have the right to revoke this consent at any time. The revocation does not affect the lawfulness of the processing of your data carried out on the basis of your consent until any revocation. If you have any objections, requests or complaints about data protection, you can contact the data protection officer of Creditreform Boniversum at any time. You can also obtain information about the processing of data by Boniversum from the state commissioner for data protection responsible for your federal state.
The data that Creditreform Boniversum GmbH has stored about you comes from publicly accessible sources, from debt collection agencies and from their customers. To describe your creditworthiness, Creditreform Boniversum GmbH forms a score value from your data. The score value includes data on age and gender, address data and in some cases payment experience data. This data is included in the score value calculation with different weightings. The customers of Creditreform Boniversum GmbH use the score values as an aid in making their own credit decisions. Right to object: The processing of the data stored at Creditreform Boniversum GmbH is carried out for compelling legitimate grounds of creditor and credit protection, which regularly override your interests, rights and freedoms, or serves the establishment, exercise or defense of legal claims. You can only object to the processing of your data for reasons arising from a special situation you are in and which must be proven. If such special reasons can be proven to exist, the data will no longer be processed. If you object to the processing of your data for advertising and marketing purposes, the data will no longer be processed for these purposes. The controller within the meaning of Art. 4 No. 7 GDPR is

Creditreform Boniversum GmbH
Hellersbergstr. 11
41460 Neuss
Germany.

Your contact person is the Consumer Service, Tel.: 02131 36845560, Fax: 02131 36845570,
Email: selbstauskunft@boniversum.de. You can reach the responsible data protection officer at the following contact details: Creditreform Boniversum GmbH, Data Protection Officer, Hellersbergstr. 11, 41460 Neuss, Germany, Email: datenschutz@boniversum.de.

VIII. Data Protection Officer

If you have any questions, comments, complaints or requests for information in connection with our data protection declaration and the processing of your personal data, you can contact our data protection officer in writing, who is available at the following address.

GPO GmbH
To the Data Protection Officer of GPO GmbH
Wildmoos 9
82266 Inning
info@gp-optics.com

 

IX. Delivery

1. If the goods are shipped, the risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport. If the customer is a consumer, the risk does not pass until the goods are handed over to them.

2. Unless otherwise agreed with us in writing, our prices are ex works, exclusive of packaging and transport, plus value-added tax at the applicable rate. Delivery is at the customer's expense. For freight goods, delivery means to the first lockable front door, provided the path is at ground level; otherwise, delivery is free to the curb.

3. Deliveries are made during normal business hours.

4. Shipping to Packstations, P.O. boxes, or DHL postal outlets is not possible.

5. The periods specified by GPO GmbH within the scope of the order are delivery times and can be selected during configuration. These are approximate figures unless otherwise agreed.

6. In the case of advance payment, the specified delivery time begins with the crediting of the payment to the contractor's account; in the case of e-payment, with the payment commitment; and in the case of payment by invoice, with the release of the invoice by GPO GmbH to the customer.

7. If these conditions regarding payment and data are met by 1 p.m., the delivery period begins on this day of receipt, provided it is a working day. Otherwise, the following working day is considered the start of the working time.

8. The delivery time specified in working days includes the weekdays Monday to Friday and applies to delivery within the EU states. Deliveries outside the EU are excluded from the binding delivery time.

9. Fixed dates for the provision of services are only valid if confirmed in writing by the contractor as a fixed date.

10. Public holidays or different public holidays within Germany affect the delivery time and may lead to a postponement of the delivery.

11. GPO GmbH is entitled to make partial deliveries, provided this is reasonable after weighing the interests of both the customer and GPO GmbH. In the case of partial deliveries, GPO GmbH shall bear the resulting additional shipping costs.

12. If GPO GmbH delays performance, the customer may only exercise the rights under § 323 BGB (German Civil Code) if GPO GmbH is responsible for the delay. This provision does not change the burden of proof.

13. Operational disruptions – both at GPO GmbH and at its suppliers or freight forwarders – such as strikes, lockouts, and all other cases of force majeure, only entitle the customer to terminate the contract if the customer can no longer be reasonably expected to wait; otherwise, the agreed delivery period shall be extended by the duration of the delay.

14. However, termination is possible at the earliest four weeks after the occurrence of the described operational disruption. Liability of GPO GmbH is excluded in these cases.

15. The contractor fulfills its obligations under the German Packaging Ordinance (Verpackungsverordnung). For private end consumers, the transport packaging supplied with the goods are licensed products. In the case of business customers, the contractor assumes, unless otherwise notified in writing, that the customer will dispose of the packaging free of charge at the site. Otherwise, the transport packaging can only be returned immediately after delivery of the goods if it is clean, free of foreign substances and sorted according to different packaging.

X. Retention of Title

1. The delivered goods shall remain the property of GPO GmbH until full payment of all claims existing against the customer at the invoice date.

2. As long as the ownership has not yet been transferred to them, the buyer is obliged to handle the purchased item with care. In particular, they are obliged to insure it adequately at their own expense against theft, fire, and water damage at replacement value). If maintenance and inspection work is required, the buyer must carry it out in good time at their own expense. As long as ownership has not yet been transferred, the buyer must notify us immediately in writing if the delivered item is seized or subject to other interventions by third parties. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the buyer shall be liable for the loss incurred by us.

3. The customer is only entitled to resell the goods in the ordinary course of business. The customer hereby assigns their claims from the resale to GPO GmbH. GPO GmbH hereby accepts the assignment. At the latest in the event of default, the customer is obliged to name the debtor of the assigned claim. If the value of the securities existing for GPO GmbH exceeds its total claim by more than 20%, GPO GmbH is obliged to release securities of the contractor's choice at the request of the customer or a third party affected by the contractor's over-collateralization.

4. In the case of processing or transformation of goods delivered by the contractor and owned by it, GPO GmbH is to be regarded as the manufacturer in accordance with § 950 BGB (German Civil Code) and retains ownership of the products at all times during processing. If third parties are involved in the processing and transformation, the contractor is limited to a co-ownership share in the amount of the invoice value of the reserved goods. The ownership thus acquired is deemed to be reserved ownership.

XI. Warranty Regulation / Claims for Defects

1. The customer must in any case immediately check the conformity of the goods with the contract as well as the preliminary and intermediate products sent for correction.

2. Obvious defects must be reported in writing within a period of two weeks from receipt of the goods, hidden defects within a period of two weeks after discovery; otherwise, the assertion of warranty claims is excluded. The notification of complaint
includes the receipt of the complaint by telephone, email or post to customer service. If necessary, it may be required for the customer to send the product to GPO GmbH for examination of the complaint.

3. Should transport damage be apparent upon delivery, the customer must report these defects immediately to GPO GmbH or to the delivery person. For consumers, failure to make this complaint has no effect on the statutory claims, but serves to secure evidence.

4. The contractor's specifications are not guaranteed characteristics but describe or identify the service. Commercially customary deviations are permissible, provided they do not impair the usability for the contractually intended purpose. In particular, in the case of color reproductions in all manufacturing processes, minor color deviations are not a defect. This applies in particular to color deviations between two or more orders. The same applies to the comparison between other templates and the final product. Due to production, unavoidable minor folding tolerances may occur, which do not justify a complaint.

5. Furthermore, liability for defects that do not or only insignificantly impair the value or usability is excluded.

6. Defects in a part of the delivered goods do not entitle the customer to complain about the entire delivery.

7. GPO GmbH reserves the right to incorporate technical changes into the product. Technical changes are not grounds for complaint if they do not affect the function.

8. In the case of justified complaints, GPO GmbH is first obliged and entitled, at its discretion, to rectify the defect and/or deliver a replacement. If GPO GmbH does not fulfill this obligation within a reasonable period or if the rectification fails despite repeated attempts, the customer may demand a reduction of the remuneration (reduction) or rescission of the contract (cancellation/withdrawal).

9. When asserting warranty rights, the defective goods must be returned. This does not apply in the case of a price reduction.

10. Warranty rights of our customers require that they have duly complied with their obligations to inspect and give notice of defects owed under § 377 HGB (German Commercial Code). The period for giving notice of defects within the meaning of § 377 HGB is 8 days. The decisive factor is the receipt of a written complaint by us (also by fax).

11. Claims for defects shall become statute-barred 12 months after delivery of the goods supplied by us to our customers. For claims for damages in cases of intent and gross negligence as well as in cases of injury to life, limb and health based on an intentional or negligent breach of duty by us, the statutory warranty period shall apply.

12. Should the delivered goods, despite all due care, have a defect that already existed at the time of the transfer of risk, we will, subject to timely notification of the defect, either repair the goods or deliver a replacement at our discretion. In any case, we must be given a reasonable period for subsequent performance. Rights of recourse shall remain unaffected by the above provision without restriction. In the event that a warranty right is exercised, the goods complained of must be sent to us for inspection in the original or equivalent packaging.

13. Claims for defects do not exist in the case of only insignificant deviation from the agreed quality. In the case of only insignificant impairment of usability, in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials or due to special external influences that are not provided for in the contract. If improper repair work or modifications are carried out by our customer or third parties, no warranty claims shall exist for these and the consequences arising therefrom. Warranty claims are also excluded if our operating or maintenance instructions are not followed. This also applies if consumables have been used that do not correspond to the original specifications. In these cases, however, the customer is at liberty to prove that the defect is not based on this.

14. All information about our products, in particular the illustrations, drawings, weight, dimension and performance data contained in our offers and printed matter, are to be regarded as approximate average values. They are not guaranteed characteristics, but descriptions or identifications of the goods.

15. Claims by our customer for expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the goods delivered by us have subsequently been moved to a location other than the branch of the business.

XII. Liability and Compensation of GPO GmbH

1. Basic Liability Regulation
GPO GmbH shall only be liable for damages for breaches of duty of any kind if intent or gross negligence can be attributed to it. Otherwise, the liability of GPO GmbH for slight negligence is excluded. An essential contractual obligation in the aforementioned sense is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may and does rely.

2. Scope of Liability
GPO GmbH is not liable for damages that have not occurred to the delivery item itself or for additional expenses in the processing that arise from moving the contractual object to another location. Liability for loss of profit, indirect damages and consequential damages is excluded. The above limitations of liability also apply in favor of the legal representatives and vicarious agents of GPO GmbH, insofar as claims are asserted directly against them. The above limitations of liability do not apply, however, if GPO GmbH has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. They also do not apply to claims of the customer under the Product Liability Act.

3. Liability towards Entrepreneurs
Towards companies, GPO GmbH shall only be liable in the event of a breach of essential contractual obligations for the contract-typical and foreseeable damage caused by intent and gross negligence. Towards entrepreneurs, the liability of GPO GmbH for damages is limited to 1.5 times the order value. Otherwise, the provisions of Section XI.2. shall apply accordingly.

4. For damages caused by delay, we shall only be liable in cases of slight negligence up to an amount of 5 percent of the purchase price agreed with us.

5. Outside the breach of essential obligations, liability for slight negligence is excluded.

6. All claims for damages against us, irrespective of the legal grounds, shall become statute-barred at the latest one year after delivery of the item to the customer, in the case of tortious liability from knowledge or grossly negligent ignorance of the circumstances giving rise to the claim and the person of the party liable to pay compensation. The provisions of this paragraph shall not apply – and the statutory provisions shall then apply – in the case of liability for intent and in the cases mentioned in 5. Any shorter statutory limitation periods shall take precedence.

7. If the customer is an intermediary for the item delivered to him and the end user of the goods is a consumer, the statutory provisions shall apply to the statute of limitations for any right of recourse of the customer against us.

XIII. Claims under Warranty

We grant a 10-year warranty for many of our products. This voluntary manufacturer's warranty is aimed at our end customers and extends the warranty rights granted to the consumer, which are not restricted by this warranty. With this warranty, we are liable for the fact that the products manufactured by us have the properties listed in our product description for this product at the time of handover. Wear and tear, excessive use, or misuse are not covered by the warranty. The same applies to damage caused by improper repair or repair not carried out by ourselves. Within the scope of the warranty, we will remedy existing defects by repair or – at our discretion – by subsequent delivery. The transport, labor and material costs incurred for this will be borne by us. Further claims are not associated with the granting of the voluntary warranty.

XIV. Export Control

Some of our products are subject to German export control. Our customers are therefore obliged to inform us at an early stage about any existing export law regulations. In the event that official approval is required, we will make all reasonable efforts to obtain such approval. Our customer is obliged to provide us with the necessary documents and information as quickly as possible. Due to any necessary official approvals, our customers are also prohibited from delivering the products purchased from us to customers who are not resident in the same country as our customer without our express written permission. The contracts concluded with us are therefore also subject to the condition precedent of the existence of an export license under export law / exemption from the need for an export license. Should a possibly required official approval for the export of the ordered products not be available within 12 months after conclusion of the contract, the condition precedent shall be deemed to have definitively not been met. Payments / down payments made by the customer will be refunded by us in this case, unless we have already provided services for the customer. In the event that the official approval is not granted, all claims of the customer for damages, reimbursement of expenses or similar are excluded. The procurement of any necessary import permit is the responsibility of our customers. We strictly adhere to the export guidelines of German legislation. The reseller is not permitted to sell our products in regions, countries, or to persons to which national or international embargoes and export restrictions apply.

XV. Withdrawal / Termination

1. In the event of termination of the contract by GPO GmbH due to the customer's failure to cooperate (§ 643 BGB - German Civil Code), in particular due to non-payment, the customer undertakes to pay GPO GmbH compensation amounting to 2% of the agreed order total, but at least 10 euros (plus VAT). The customer is permitted to prove that in the specific case GPO GmbH did not incur any expenses or damages or not to this extent. GPO GmbH is also permitted to prove in individual cases that a higher compensation is appropriate.

2. Before sending an order confirmation, GPO GmbH has the right to cancel the customer's order if legal and statutory obligations cannot be met.

3. A compensation payment by the customer is also to be made if the customer terminates or cancels the contract under the conditions after the expiry of the free cancellation period. A free cancellation of an order by the customer is only possible until the order confirmation is sent by email (conclusion of contract).

4. By submitting the binding declaration of cancellation, the customer agrees to the retention of the goods in the manufacturing process. GPO GmbH is therefore not obliged to hand over the goods after cancellation / termination. 5. GPO GmbH is entitled to terminate the contractual relationship without notice if an application for insolvency proceedings is filed with regard to the customer's assets or if the customer has made an affidavit.

XVI. Statute of Limitations

The customer's claims for warranty and damages shall become statute-barred upon acceptance of the defect-free delivery. This does not apply if GPO GmbH acts with fraudulent intent. Contracts with consumers within the meaning of the BGB (German Civil Code) are not affected by the above statute of limitations; here, the statutory limitation periods apply.

XVII. Commercial Custom

In commercial transactions, the commercial customs of the manufacturing industry shall apply, unless otherwise agreed.

XVIII. Information Obligation according to the Battery Act

1. Used batteries do not belong in household waste. You can return used batteries to us without any costs in addition to the shipping costs. As a consumer, you are legally obliged to return used batteries.

2. Batteries containing harmful substances are marked with a symbol consisting of a crossed-out dustbin and the chemical symbol (Cd, Hg or Pb) of the heavy metal that is decisive for the classification as containing harmful substances:
o “Cd” stands for cadmium
o “Hg” stands for mercury.
o “Pb” stands for lead.

XIX. Place of Performance, Place of Jurisdiction

1. The place of performance and place of jurisdiction for all disputes arising from the contractual relationship, including proceedings based on documentary evidence, shall be the registered office of GPO GmbH if the customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany.

2. If the customer is a private end consumer, the statutory provisions shall apply. However, if they do not have a place of residence within the European Union, the registered office of GPO GmbH shall also be the place of jurisdiction.

XX. Selective Distribution System

The products of German Precision Optics (GPO) are complex, require explanation, and stand for excellent product performance, high quality and precision, as well as a modern and high-quality design. The company has invested heavily in research, development, manufacturing, marketing, sales and service and is looking for distribution partners to take on the brand building and expansion in the respective contract territories. To protect the brand identity and investments of the company, a selective distribution system with qualified and selected specialist dealers is being established worldwide, who can convey all brand values of the company in order to always offer the end customer a clear and consistent brand image. This requires regulations regarding the advertising and the type of distribution of the company's products, especially for sales on the internet.

The specialist dealers therefore support the company GPO in building up the selective distribution system, in particular by complying with increased quality requirements:

• No brand-damaging sales via third-party internet platforms or auction platforms, especially not under a concealed or false identity.
• No active sales by authorized dealers to resellers who are not part of the authorized dealer network
• Sales by trained specialist staff in a retail store with regular opening hours.
• High-quality product presentation in the retail store.
• Sales and advertising via an additional homepage of the specialist dealer while observing the following criteria to protect the company's brand identity: Use of current product images, ensuring brand-appropriate graphics and design, correct and detailed product descriptions, information on the dealer's address and use of achievable delivery times.

XXI. Information about the Provider / Contractual Partner

The internet platform gp-optics.com and gpogolf.com is operated by GPO GmbH. GPO GmbH is the contractual partner for all
legal transactions concluded via it.
Email: info@gp-optics.com
Website: https://www.gp-optics.com / http://www.gpogolf.com
Service hotline: +49 (0) 8143-99 20 87 0 (costs may vary depending on the provider)
Hotline is available: Mon – Fri: 8 a.m. – 4 p.m.
Address:
GPO GmbH
Wildmoos 9
82266 Inning
Germany

Managing Directors: Richard Schmidt, Christine Schmidt, Stephan Kern
Commercial Register Entry: AG München, HRB 260 354
Tax No.: 117 /127/ 70068
VAT ID No.: DE335 292 484