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Terms of Use

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as ‘Terms’) of OCTOPUS TECHNIC GmbH (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods concluded by the consumer or entrepreneur (hereinafter referred to as ‘Customer’) with the Seller in relation to the goods presented by the Seller in its online shop.

1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for a purpose that is not primarily related to their business or self-employed professional activity and cannot be attributed to this activity. An entrepreneur within the meaning of these Terms is a natural or legal person or a legal company that enters into a legal transaction in the course of their commercial or self-employed professional activity.

2. Conclusion of contract

2.1 The following provisions of the General Terms and Conditions apply to the offer to conclude a contract submitted by the consumer via our online shop, which is available at the following address: https://www.octopustechnic.de

2.2 Product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to enable the customer to submit a binding offer.

2.3 The customer can submit an offer via an online order form integrated into the seller's online shop. In this case, after placing the selected goods in a virtual shopping basket, the customer can go through the electronic ordering process by clicking on the order process and concluding a legally binding contract offer for the goods in the basket.

2.4 The seller may accept the customer's offer within five days by sending the order confirmation or order confirmation to the customer in writing (by fax or email) and by the scope of the order placed by the customer or by delivering the ordered goods to the customer, or by requesting the customer to pay after placing the order.

If several of the above alternatives exist, the contract is concluded when one of the above alternatives occurs earlier. The period for accepting the offer begins on the day following the day on which the offer is sent by the customer and ends on the fifth day after the offer is sent. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, whereby the customer is no longer bound by their declaration of intent.

2.5 By submitting an offer to conclude a contract via the online order form, the content of the contract is recorded by the seller on a permanent data carrier and sent to the customer in writing (e.g. by email, fax or letter). Further changes to the contract by the seller are excluded. If the customer has a user account in the online shop before submitting the order, the order information will be archived by the seller and can be made available to the customer free of charge via a password-protected user account. The customer has access to the user account after logging in with an individual login and access password.

2.6 Before submitting the order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser zoom function, which enlarges the view on the screen. As part of the electronic ordering process, the customer can correct their input data using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7 Contracts shall only be concluded in German.

2.8 The order shall be processed and contact between the contracting parties shall take place via email and automatic order processing. The customer is responsible for ensuring that the email address provided in the order is correct and that the customer has access to and can receive messages sent to this email address. In particular, when using spam filters, the customer must ensure that all emails from the seller or third parties ordered as part of the order processing can be delivered.

3. Cancellation policy & cancellation form

Consumers are entitled to a right of cancellation in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity:

A. Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of cancellation, you must inform us (Marie-Curie-Straße 8, 79539, Lörrach, Germany, info@octopustechnic.de, Tel +49 76214220448  by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract.

To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity:

We will bear the costs of the return shipment. Please fill out the return form for this purpose.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.

OCTOPUS TECHNIC GmbH strives to provide all products and services of the highest quality.

B. Cancellation form

If you wish to cancel the contract, please fill out this form and send it back.

To

OCTOPUS TECHNIC GmbH

Marie-Curie-Straße 8

79539, Lörrach

Germany

info@octopustechnic.de

+49 76214220448

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________________________________________________________________

Name of consumer(s)

________________________________________________________

Address of consumer(s)

________________________________________________________

Signature of consumer(s) (only for paper notifications)

_________________________

Date

(*) Delete as appropriate

4. Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. The customer is also obliged to pay the delivery and shipping costs, which are stated separately and passed on to the customer when ordering in the online shop.

4.2 If the products are to be delivered to a country outside the European Union, the customer may incur additional costs in individual cases, which shall be borne by the customer. These include, for example, the costs of transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in connection with the money transfer, even if the delivery is not to a country outside the European Union, but the customer makes payments from a country outside the European Union.

4.3 The customer is obliged to pay for the ordered products in the manner requested by them. Available payment options are provided to the customer when placing an order in the seller's online shop.

The seller offers the customer the following payment methods: a) Bank transfer to the seller's bank account – in this case, the customer is obliged to make the payment immediately after conclusion of the contract, unless the parties have agreed on a different payment date.

b) PayPal. If payment is made via the PayPal payment service. (Europe) S.à rl & Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’), subject to the use of the PayPal User Agreement, available at https://www.paypal.com/ de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payment without a PayPal account, available at https://www.paypal.com/webapps/mpp/ua/privacywax-full.

c) Sofort online payment system – In this case, payment for the order is made via Sofort online payment, which is operated by Klarna Bank AB, located at Sveavägen 46, SE-111 34 Stockholm, Sweden. Details on payment via the Sofort system can be found at: https://www.klarna.com/sofort/.

d) Payment by credit or debit card: In this case, the amount for the ordered goods is reserved on the credit or debit card at the time of ordering (so-called authorisation). The seller reserves the right to check the validity of the credit or debit card and the credit status in relation to the order value and the accuracy of the buyer's address details. Depending on the results of these checks, certain orders may be rejected.

4.4 If payment for the ordered products is made by bank transfer, payment must be made immediately after conclusion of the contract, unless the parties have agreed on a different date.

5. Delivery and shipping conditions

5.1 Unless otherwise agreed, the goods will be delivered by a transport company to the delivery address specified by the customer in the order form.

5.2 If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the goods sent not being collected, or if they were temporarily prevented from using the service offered, unless the seller informed them of the service in advance by email. This also does not apply to shipping costs if the customer has effectively exercised their right of withdrawal. The customer shall bear the costs of the return shipment if the customer effectively exercises the right of withdrawal against the decision contained in the seller's withdrawal conditions.

5.3 For logistical reasons, collection is not possible.

6. Retention of title

The seller retains ownership of the delivered goods until the customer has paid the purchase price in full.

7. Liability for defects (warranty)

7.1 If the purchased goods are defective, the provisions on warranty for defects shall apply.

7.2 If the delivered goods have been damaged during transport, the customer is requested to submit a complaint to the supplier of the delivered goods and to inform the seller. Failure to do so does not affect the customer's rights or the contract for warranty claims.

8. Rules for the use of promotional vouchers

8.1 Certificates issued by the seller as part of a promotional campaign with a specific expiry date can be exchanged by the customer free of charge for products offered in the seller's online shop (hereinafter referred to as ‘promotional certificates’). If the certificate is not used within a certain period of time, it will no longer be valid after the expiry date on which the certificate was issued.

8.2 Certain products may be excluded from the promotional voucher if the relevant restriction is specified in the terms and conditions of the promotion.

8.3 Vouchers can be used before the end of the ordering process by entering the promotional code in the ‘If you have a voucher code, enter it here’ field in the

shopping basket when placing your order. It is not possible to use the voucher at a later stage of the ordering process.

8.4 Customers may only use one voucher per order.

8.5 The value of the goods must be at least equal to the promotional amount. Funds that are not used by the customer and are stored on the promotional voucher will not be refunded.

8.6 The values of the promotional code shown to cover the order cannot be used to offset the difference between one of the other payment methods offered by the seller.

8.7 The unused voucher value will not be refunded in cash or in a similar form.

8.8 The promotional code will not be refunded if the customer exercises their right to withdraw from the contractual products purchased with a promotional coupon.

8.9 The promotional voucher is intended for use by the person named therein only. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the identity of the person using the promotional voucher.

9. Returning batteries

Used batteries can be returned to us free of charge. Contaminated batteries are marked with a symbol and one of the chemical symbols

Cd (the battery contains cadmium),

Hg (the battery contains mercury),

Pb (the battery contains lead).

Lithium batteries and battery packs of all systems can only be returned to us in a discharged state. For batteries of this type of isolator that are not completely discharged, please return the batteries with the battery terminals taped shut.

10. Final provisions

10.1 The seller is fully responsible for the actual and legal possibility of fulfilling the contract. Cases of force majeure are excluded.

10.2 The customer may record the content of these terms and conditions by printing them out, storing them on a network operator or downloading them from www.garnetbau.de at any time.

10.3 In the event of a dispute arising from the implementation of the contract concluded on the basis of these terms and conditions, the parties shall endeavour to resolve the matter amicably. German law shall apply to the performance of the contract and the settlement of disputes.

10.4 The seller reserves the right to amend these terms and conditions. In the event of a change to the terms and conditions of use, the amended content shall not affect the content of contracts already concluded with customers. The seller shall inform its customers of any changes to the general terms and conditions of use within seven days of the date of publication on the website www.garnetbau.de in the form of an email to customers.

10.5 This content of the Terms of Use shall apply from 19 September 2023.

Terms of use for images and logos

A. Terms of use for the OCTOPUS TECHNIC GmbH website

The purpose of the OCTOPUS TECHNIC GmbH website is to support the advertising activities of third parties for the promotion of sales by providing image material free of charge. The terms of use are based on binding agreements with the photographers and are legally binding for each image transfer.

The images and logos are available for download at www.garnetbau.de. By publishing an image, these terms of use are accepted.

The image material remains the property of OCTOPUS TECHNIC GmbH. OCTOPUS TECHNIC GmbH grants the user only a simple right of use free of charge for the image material provided, provided that the use serves the purposes of advertising and public relations work for OCTOPUS TECHNIC GmbH and complies with the specifications in the following section. The free use of the images is subject to the copyright notice in accordance with the following specifications.

When publishing the images, the Copyright Act requires that the copyright be indicated in the format ‘© OCTOPUS TECHNIC GmbH’ (as well as the names of other rights holders, if this information is additionally required for the specific motif). This can preferably be done in the immediate vicinity of the image or in a separate imprint, indicating the page number referred to. If this is not done, we reserve the right to charge €2,500.00 in each individual case, unless the user can prove that no damage or less damage has been incurred.

A specimen copy of each publication must be sent to OCTOPUS TECHNIC GmbH immediately and without request.

The rights of use granted with the transfer of the image material apply only to one-time use. Repetitions and extensions of the granted right of use are only permitted with the prior consent of OCTOPUS TECHNIC GmbH.

The production of reproductions of the image material provided free of charge for your own archiving purposes and the electronic or digital storage of image data for archiving purposes (e.g. image databases) is prohibited. Digitised images of the material provided must be deleted after use. The image material may only be passed on to third parties for the purpose of reproduction; here too, the material must be deleted after use.

B. Fee-free use of the images is only permitted for

the design of journalistic articles about OCTOPUS TECHNIC GmbH in newspapers, magazines, illustrated magazines and brochures as well as travel guides (principle: tourist information and, in the broadest sense, promotional character of the text accompanying the image).

the promotional support of campaigns related to the distribution and sale of OCTOPUS TECHNIC GmbH products.

C. The following are excluded from royalty-free use

Any types of use not expressly mentioned under B., in particular those in which the image primarily serves as the basis for generating economic profit. This is particularly the case with postcards, calendars, illustrated books, posters, billboards and similar objects.

D. Further information

Prohibition of alteration and falsification

Distortion or falsification of the copyright-protected work, for example by copying, re-photographing, photo composing and other changes by photomechanical or digital means, is not permitted. Exceptions require the written consent of OCTOPUS TECHNIC GmbH and the respective image author.

Compliance with the Press Code

The user is obliged to observe the journalistic principles of the German Press Council (Press Code). The user is responsible for the text. OCTOPUS TECHNIC GmbH accepts no liability for any violation of general personal rights or copyright through the use of images and text in a manner that is contrary to agreement, immoral or distorts meaning. The same applies to any derogatory portrayal of persons depicted in the images provided. In the event of a violation of such rights, the user alone shall be liable for damages to any third parties. In such cases, the user is also obliged to indemnify OCTOPUS TECHNIC GmbH against any claims by third parties and to reimburse the reasonable costs of any legal defence. The use of the image material for immoral, violence-glorifying, pornographic or otherwise unconstitutional purposes is expressly prohibited.

Liability for the image material provided

OCTOPUS TECHNIC GmbH shall not be liable for any claims for damages arising from the use of the image material provided. In all cases, the user shall bear full responsibility, including that arising from the right to their own image. OCTOPUS TECHNIC GmbH shall also not be liable for any claims arising from the infringement of trademarks.

Extended copyright protection

The royalty-free use exclusively includes the right to use the photographic copyright. This applies in particular to image templates whose content is subject to further copyright protection (e.g. works of fine and performing arts). The user is responsible for obtaining further copyrights and publication permissions for collections, etc.

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info@octopustechnic.de
Marie-Curie-Strasse 8
79539 Lörrach
Germany
+49  76214220448
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