§ 1. General

1. The following terms and conditions apply to all contractual relationships between Pargos electronic GmbH, Döllingerstraße 2, 80639 Munich, Germany - hereinafter referred to as the provider - and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
2. A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. Customers within the meaning of the terms and conditions are both consumers and entrepreneurs.
3. The contract language is German. The full text of the contract will not be saved by the provider. Before sending the order, the contract data can be printed out or saved electronically using the print function of the browser.

§ 2 Subject of the contract

1. Subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods can be found in the item description and the additional information on the website of the provider.

§ 3 Formation of the contract

1. All offers from Pargos electronic GmbH are generally non-binding. A contract is only concluded when the customer's order is confirmed by Pargos electronic GmbH.
2. The terms of payment and delivery listed here apply exclusively. The customer's general terms and conditions, in particular purchasing conditions, are hereby expressly rejected. This also applies if the provider carries out the order in the knowledge of conflicting conditions or conditions that deviate from its payment and delivery conditions.
3. The processing of orders, offers and the transmission of all information required in connection with the conclusion of the contract takes place by email and in some cases automatically. The customer must therefore ensure that the email address he has stored with the provider is correct, that the receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Prices, shipping costs

1. The prices listed in the respective offers and the shipping costs represent final prices. They include all price components including all applicable taxes. If the delivery is made to non-EU countries, additional customs duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. Customers are advised to obtain details from customs/tax authorities prior to ordering.
2. Shipping costs are not included in the purchase price. They are based on the respective specific purchase offer and the shipping information contained therein, 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.
3. The customer will receive an invoice with VAT shown.

§ 5 Terms of payment and shipping, transfer of risk

1. The payment options specified in the specific offer are available to the customer. Cash payment and collection of the goods is only possible if this is expressly stated in the item description.
2. Unless otherwise agreed, prepayment applies to all offers. The goods are delivered exclusively to the countries that are expressly listed for the individual items or shipping conditions. All specified delivery times apply only after receipt of the full purchase price and the shipping costs.
3. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
4. For consumers it is regulated by law that the risk of accidental loss and accidental Deterioration of the item sold during shipment only passes to the customer when the goods are handed over, regardless of whether the shipment is insured or not. If the customer is an entrepreneur, delivery and shipment are at his own risk. Subject to other written agreements, the risk of accidental loss and accidental deterioration of the item sold passes to the customer when the delivery item is made available at Pargos electronic GmbH's business premises and handed over to the transport company. (Passing of risk Ex Works).
5. Information about the delivery period is non-binding, unless the delivery date has been promised by the seller as an exception. Goods that are in stock are shipped by the seller within two working days after receipt of payment from the customer. If non-compliance with a delivery or service deadline is due to force majeure, labor disputes, unforeseeable obstacles or other circumstances for which the seller is not responsible, the deadline will be extended appropriately.
6. The customer can only offset claims that are undisputed or legally established.
7. Increase After conclusion of the contract with the customer, the material procurement costs, in particular the world market prices for electronic components, Pargos electronic GmbH is entitled to adjust its prices if there is a period of more than four months between the time of the conclusion of the contract and the delivery.

§ 6 Return costs when exercising the right of withdrawal

1. In the event that the statutory right of cancellation applicable to consumers is exercised in the case of distance contracts, it is agreed that the customer shall bear the regular costs of the return shipment if the price of the item to be returned does not exceed an amount of EUR 100 or if the price of the item is higher Customer has not yet provided the consideration or a contractually agreed partial payment at the time of revocation, unless the delivered goods do not correspond to those ordered. In all other cases, the provider bears the costs of the return.

§ 7 Right of retention, retention of title

1. The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
2. The goods remain the property of the provider until the purchase price has been paid in full.
3. If the customer is an entrepreneur, the following also applies:

• a) The provider retains ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or transfer of ownership as security is not permitted before ownership of the reserved goods has passed.
• b) The customer can resell the goods in the ordinary course of business. In this case, he already assigns all claims in the amount of the invoice that accrue to him from the resale to the provider who accepts the assignment. The customer is also authorized to collect the debt. If he does not meet his payment obligations properly, the provider reserves the right to collect the claim himself. If the authorization to collect is revoked, the customer will provide Pargos electronic GmbH with all the necessary information and send documents so that Pargos electronic GmbH can assert the assigned claims.
• c) If the reserved goods are combined and mixed, the provider acquires joint ownership of the new item in the ratio invoice value of the goods subject to retention of title to the other processed items at the time of processing.
• The choice of securities to be released is incumbent upon the provider.

§ 8 Warranty

1. The statutory regulations apply.
2. As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform the provider and the carrier of any complaints as soon as possible. If the customer does not comply, this has no effect on the statutory warranty claims.
3. If the customer is an entrepreneur, the following applies, deviating from paragraph 1:

• a) Only the supplier's own information and the manufacturer's product description are agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
• b) The customer is obliged to inspect the goods immediately and with due care for quality - and to examine quantity discrepancies. This includes precise mechanical and electronic entry control. The customer is obliged to notify the supplier in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
• c)Claims by the customer for their own expenses, in particular transport, travel, labor and material costs, are excluded insofar as these expenses increase because the customer has forwarded the delivery items rectification or replacement. If the elimination of the defect fails twice, the customer can either demand a price reduction or withdraw from the contract. In the case of rectification, the provider does not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
• d) The warranty period is one year from delivery of the goods . The shortened warranty period does not apply to culpably caused damage to life, limb or health attributable to the provider and to damage caused by gross negligence or intent or fraudulent intent on the part of the provider, as well as to rights of recourse in accordance with §§ 478, 479 BGB.

§ 9 Liability

1. The provider is liable without restriction for damage resulting from injury to life, limb or health, in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the condition of the object of purchase, in the event of damage under the Product Liability Act and in all other cases regulated by law. If essential contractual obligations are affected, the liability of the provider in the case of slight negligence is limited to the foreseeable damage that is typical for the contract.
2. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
3. In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
4. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of the art. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
5. If claims are made against the customer by third parties in connection with the items delivered by Pargos electronic GmbH due to the infringement of industrial property rights, Pargos electronic GmbH is only liable if the delivery items have been used in accordance with the contract. If it is not possible for Pargos electronic GmbH to exchange the delivery items, to obtain a right of use for the delivery items or to change the delivery items in such a way that the property right is no longer violated, the customer is entitled to the statutory rights of withdrawal or reduction. Pargos electronic GmbH must be informed immediately if property rights are asserted by third parties. All claims of the customer are excluded in the event that he is responsible for the infringement of property rights. All claims arising from an application of the delivery item that was not foreseeable for Pargos electronic GmbH or from a change by the customer are expressly excluded. Further claims by the customer against Pargos electronic due to a defect in title are excluded.

§ 10 Privacy Policy

1. Anonymous data collection: You can visit our website without providing any personal information. We do not store any personal data in this context.
2. Collection, processing and use of personal data: The provider collects personal data (details of personal or factual circumstances of a specific or identifiable natural person) only to the extent provided by the customer. Personal data is only collected and stored by the provider to the extent technically necessary, i.e. for error-free order processing and the dispatch of goods. After the contract has been completed, the data will initially be stored, taking into account the retention periods under tax and commercial law, and then deleted after the period has expired, unless you have consented to further processing and use. The data collected by the eBay Internet platform are not accessible to the provider and he is not liable for the security of this data.

§ 11 Choice of Law, Place of Performance, Place of Jurisdiction

1. It is only the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
2. The customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
3. The provisions of the UN Sales Convention expressly do not apply.

§ 11 Notes on battery disposal

1. In connection with the sale of batteries or the delivery of devices that contain batteries, the provider is obliged to inform the customer of the following:
   As the end user, the customer is legally obliged to return used batteries. He can return old batteries, which the Provider has or has had as new batteries in its range, free of charge to the Provider's shipping warehouse (shipping address). The symbols shown on the batteries have the following meaning:
   The symbol of the crossed-out wheeled bin means that the battery must not be disposed of with household waste.
   Pb = battery contains more than 0.004% by mass of lead
   Cd = battery contains more than 0.002% by mass of cadmium
   Hg = battery contains more than 0.0005% by mass of mercury.

§ 12 Notes on RoHS/WEEE

1. Some items offered are marked with the abbreviation RoHS both in the offer and on the supplier's invoices if they comply with the new raw materials directive 2002/95/EG.
2. Articles not marked in this way are not RoHS-compliant and should therefore only be used as spare parts or for collection purposes .
   However, they are expressly not permitted for new devices that are commercially manufactured after July 1st, 2006.

§11 Notes on online dispute resolution

1. The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/.
   Consumers have the opportunity to use this platform to settle their disputes.

§12 Final Provisions

1. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The completely or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one. New text