General Terms and Conditions of Papair GmbH

in the version of February 18, 2022

I. Scope

1. The following General Terms and Conditions (GTC) apply to all contracts between Papair GmbH, Fliegerstraße 1, 30179 Hannover (hereinafter also "we", "Papair" or "seller") and consumers (hereinafter also "customers") within the meaning of Section 13 of the German Civil Code (BGB) in the version valid at the time the contract is concluded.

2. Any deviating general terms and conditions of the customer shall not apply to the concluded contracts, even if Papair has not expressly objected to them.

3. If the parties make agreements deviating from these General Terms and Conditions, these shall prevail over the provisions of the General Terms and Conditions. Any agreements deviating from these terms and conditions made after the conclusion of the contract must be in writing to be effective.

II. Registration

1. Customers have the opportunity to: Account – Papair Shop by clicking on the "Register" button and opening a customer account. Registration is necessary in order to place future orders.
2. The customer is obliged to treat his personal access data confidentially and not to make it accessible to unauthorized third parties.
3. Registration in the Papair shop is free of charge. There is no right to registration. Papair can also make registration subject to further conditions (e.g. checking the registration data). The customer is obliged to provide correct and accurate information when registering. Changes to the data should be reported by the customer to avoid costs if they want to place a new order. In particular, the customer must provide their full name, address and email address. Papair is entitled to effectively send declarations to the customer to their email address, unless a stricter form is mandatory by law or agreement.
4. The personal data saved during registration is stored by Papair so that the customer can log in again at any time using their access data. Further information on the handling of personal data and data protection in general can be found in the privacy policy, which is available at: Privacy Policy – ​​Papair Shop to be taken.

III. Conclusion of contract

5. In the online shop, the customer has the option of putting the goods he wants and the quantity into the shopping cart and clicking on the "Order" button. After the customer has entered his details about his company, delivery address and payment method, he can click the "Order now for a fee" button. The purchase contract between Papair and the customer is concluded as soon as we have sent the customer an order confirmation by email.

6. The subject matter of the contract is exclusively the services specified in the respective order. Additional services that were not included in the order are not part of the contract. The customer has the option of placing additional orders via the online shop at any time. In this case, Papair does not guarantee that both orders will be delivered on the same day under the same conditions. Papair reserves the right to handle delivery conditions, in particular delivery periods, differently from order to order. Only the agreed delivery conditions for the respective order are valid.

7. For orders placed via the online shop, only the prices and delivery conditions stated there apply.

IV. Right of withdrawal

Consumers have a right of cancellation in accordance with the following provisions. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. All further information on the form of the right of cancellation is contained in the cancellation policy.

V. Storage of the contract text

1. The contractual provisions with information on the goods ordered, including these General Terms and Conditions and the cancellation policy, will be sent to the customer by email with the order confirmation or the shipping confirmation after the contract has been concluded.

VI. Retention of title

The goods remain our property until full payment has been made. If you are more than 10 days late with payment, we have the right to withdraw from the contract and reclaim the goods.

VII. Prices and Payment

1. Unless otherwise agreed, the price of the respective offer plus applicable sales tax applies. Prices are in euros.

2. Unless otherwise agreed, the purchase price is payable within 10 days of invoicing.

VIII. Set-off, retention rights & retention of title

Set-off and the assertion of retention rights against us are only permissible with undisputed or legally established claims.

IX. Electronic Communication

1. You expressly agree that communication between you and us takes place electronically, in particular via unencrypted email. We would like to point out that unencrypted emails only offer limited security and confidentiality.
2. You must ensure that the email address we provide is correct so that emails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us to process orders can be delivered.

X. Delivery

1. The customer is informed of the expected delivery time when ordering. In exceptional cases, delivery bottlenecks or other unforeseeable circumstances may result in longer delivery times than those stated, such as a shortage of raw materials. In particular, we have no influence on delivery delays caused by the shipping company. For orders from abroad, delivery may be delayed accordingly.

2. Any shipping costs incurred will be shown separately on the invoice.

XI. Transfer of risk upon dispatch

If the goods are sent to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods passes to the customer when they are sent to the customer, or at the latest when they leave the factory/warehouse. This applies regardless of whether the goods are sent from the place of performance or who bears the freight costs.

XII. Warranty and notification of defects as well as recourse/manufacturer's recourse

1. Claims for defects expire in accordance with the statutory provisions after the goods delivered by us have been delivered to our customer. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, body and health that are based on an intentional or negligent breach of duty by the user.

2. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or in the case of damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, improper storage or due to special external influences that are not assumed under the contract.

XIII. Liability

1. In all other cases, we are liable without limitation for intent and gross negligence. For simple negligence, we are only liable for damages resulting from injury to life, body or health or a material contractual obligation (an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely).

2. In the case of a simple negligent breach of essential contractual obligations, liability is limited to the foreseeable, typically occurring damage. In all other cases, liability is

3. The above limitations of liability also apply to the benefit of legal representatives and vicarious agents.

4. The above limitations of liability do not apply if we have fraudulently concealed a defect or provided a guarantee for the quality of the goods. The same applies to claims under the Product Liability Act.

XIV. Right of withdrawal

If exceptional circumstances occur which result in a significant delay in delivery of more than four weeks, both parties shall have the right to withdraw from the contract in accordance with the statutory provisions.

XV. Miscellaneous

1. This contract and the entire legal relationship between the parties are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board

3. Any changes or additions to these provisions must be made in writing to be effective. This also applies to the written form requirement itself.

4. Should individual provisions of these General Terms and Conditions, including this provision, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The respective statutory provisions shall take the place of the invalid or missing provisions.