GENERAL TERMS AND CONDITIONS ( B2B )

Optiboard by 1TECOplast GmbH
Schlattweg 10
72178 Waldachtal

Register court: Local court Stuttgart
Registration number: HRB 440556
Managing Director: Walter Wollensak

Sales tax identification number according to § 27a Umsatzsteuergesetz:
DE812245250

Direktkontakt:
Tel.: +49 7486 9790 35
eMail: info@optiboard.de

Responsible person in the sense of § 55 para. 2 RStV:
Walter Wollensak – c/o 1TECOplast GmbH
Schlattweg 10, 72178 Waldachtal

Welcome to Optiboard Cutting Board!

§1

Scope of application and supplier

(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by Optiboard by 1TECOplast GmbH (hereinafter referred to as the "Supplier") to you, in the version valid at the time of the order.

(2) Deviating GTC of the purchaser are rejected.

(3) Please read these terms and conditions carefully before placing an order with Optiboard by 1TECOplast GmbH. By placing an order with Optiboard by 1TECOplast GmbH you agree to the application of these terms and conditions of sale to your order.

(4) On Optiboard cutting board we offer the sale of the following products:

Optiboard by 1TECOplast GmbH is a manufacturer of height-adjustable premium kitchen cutting boards and has developed these for commercial consumers (entrepreneurs) such as hotels, restaurants, catering companies, food producers, kitchen and gastronomy retailers and outfitters.
The advertised products are therefore offered to commercial consumers. The term entrepreneur is § 14 BGB is defined

§2

Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are directed exclusively to customers with an invoice and delivery address in EU countries - Europe, other countries only by special arrangement and agreement. The customer must provide proof of a valid VAT ID in accordance with § 27a of the Value Added Tax Act or a comparable EU VAT ID.

(3) The legally responsible customer must have reached the age of 18.

(4) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer for an order.

(5) Your order constitutes an offer to Optiboard by 1TECOplast GmbH to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the "Confirm Order" button in the last ordering step.

(6) The purchase contract between the supplier and the orderer is only concluded through a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either sending the goods or sending a confirmation of dispatch by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(8) Your orders will be memorized by us after conclusion of the contract. If you should lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.

(9) You agree to receive invoices electronically. Electronic invoices will be provided to you by email. We will inform you whether an electronic invoice is available for each delivery in the dispatch confirmation. Further information about electronic invoices is available on our website.

(10) the General Terms and Conditions GTC) will normally be sent electronically with the acceptance of the order. If this is not done for technical or other reasons, you can request that the GTC be sent to you at any time.

§3

Prices and shipping costs

(1) Our prices are net prices and the applicable statutory value added tax is added.

(2) If shipping costs are incurred, they are listed in the web shop offer. The shipping costs vary depending on the type of delivery and the nature of the article.

(3) Despite our best efforts, a small number of products in our catalogue may be priced incorrectly. We check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have quoted, we will charge the lower amount and send the Product to you.

(4) The prices at the time of the order will apply. If list prices should be available, the prices of the list price valid at the time of the order shall apply.

(5) Transfer of risk: In the case of deliveries to entrepreneurs, the regulation in online trade according to § 447 para. 1 BGB (German Civil Code) shall apply.  § 447 Abs. 1 BGB Anwendung

§4

Delivery and Cancellation

(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Optiboard Cutting Board (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is merely anticipated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options of the respective product.

(2) If Optiboard Cutting Board discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by a message in your customer account. The legal claims of the Customer remain unaffected.

(3) If a delivery to the orderer is not possible because the delivered goods do not fit through the orderer's entrance door, front door or staircase or because the orderer cannot be found at the delivery address he has given, although the delivery date was announced to the orderer with a reasonable period of notice, the orderer shall bear the costs for the unsuccessful delivery.

(4) Delivery shall be made according to the customer's method of payment. In the case of payment in advance, delivery shall be made after the payment order has been issued to the remitting credit institution. In the case of payment by Paypal, credit card, delivery will take place after conclusion of the contract.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us with regard to each shipping confirmation for the products listed in the respective shipping confirmation. The contracting party is Optiboard by 1TECOplast GmbH.

(6) As a matter of principle, you have the option of collecting the products from Optiboard by 1TECOplast GmbH, Schlattweg 10, 72178 Waldachtal, Germany during the following business hours: 09:00h - 15:30h on working days.

We do not deliver to packing stations

§5

Customs

(1) If you order products from Optiboard Cutting Board for delivery outside the European Union, you may be subject to import duties and taxes which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary widely from country to country, so you should contact your local customs authority for more information.

(2) Furthermore, please note that when you place orders with Optiboard Cutting Board, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.

§6

Payment

(1) The customer can pay for the goods by the following methods of payment:

• Paypal Plus
• Credit card

(2) Certain payment methods can be excluded by the supplier in individual cases. Valid details can be found in the shop settings.

(3) The customer is not permitted to pay for the goods by sending cash or cheques.

(4) If the customer chooses an online payment method, the customer thereby authorises the supplier to collect the amounts due at the time of the order.

(5) If the Supplier offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Supplier's account within five calendar days from the receipt of the order. The supplier shall reserve the goods accordingly for five calendar days.

(6) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorises the Supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.

(7) If the Supplier offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If, in the case of payment by direct debit, a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the customer shall bear the costs.

(8) If the Supplier offers payment in advance and the Customer chooses this method of payment, the Customer undertakes to settle the invoice amount within 14 days of the dispatch of the goods without any deduction of discount.

(9) If the customer is in default of payment, the supplier reserves the right to claim damages for default.

(10) PayPal: Within the framework of the PayPal Plus payment service, we offer various payment methods as PayPal Services. After placing the order, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. This concludes the contract with us.

If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount or you must first register and legitimise yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

Credit card via PayPal
If you have chosen the credit card payment method, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder and your card will be charged. You will receive further instructions during the ordering process.

If direct debit via PayPal is offered, the following applies:
If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

If invoice via PayPal is offered, the following applies:
If you have chosen the payment method invoice, you do not have to be registered with PayPal to pay the invoice amount. After successful address and creditworthiness check and submission of the order, we assign our claim to PayPal. In this case, you can only pay PayPal with debt-discharging effect. For payment processing via PayPal - in addition to our GTC - the GTC and the privacy policy of PayPal apply. Further information and the complete PayPal terms and conditions for purchase on account can be found here. here.

§7

Offsetting and right of retention

(1) The customer shall only have the right of set-off if the customer's counterclaim has been legally established or has not been disputed by the supplier.

(2) The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§8

Retention of title

Optiboard by 1TECOplast GmbH retains title to the goods until payment has been made in full. The goods remain our property until payment has been made completely. For entrepreneurs the following applies in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been settled completely. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. . You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

§9

Transport damage / packaging

(1) Should the customer receive the goods with obvious transport damage, the supplier shall ask him to complain about this as soon as possible.

(2) The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

(4) All packaging materials used will not be taken back. We mainly use recyclable and environmentally friendly filling material.

§10

Right of defect

(1) If the purchaser is a trader, the defect shall be remedied by new delivery or new performance. The Purchaser shall inspect the goods immediately after delivery and notify the Seller of any defects. If he fails to do so, the goods shall be deemed to have been accepted, unless the defect could not be detected. If a defect is discovered later, the notification must be made immediately after discovery.

(2) Claims for defects shall not arise in the event of natural wear and tear or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials or as a result of special external influences which are not assumed under the contract. If the customer or third parties carry out improper modifications or repair work, there shall also be no claims for defects for these and the resulting consequences, unless the customer can prove that the defect complained of was not caused by these modifications or repair work.

(3) In the case of new goods, the limitation period for claims for defects is one year from the transfer of risk.

(4) If the customer is acting as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

§11

Limitation of liability (products)

(1) The supplier is liable for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the supplier.

(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the objective of the contract.

(3) The provider is liable for breaches of essential contractual obligations that are based on contract-typical, foreseeable damage, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, limb or health.

(4) The regulations of the product liability law remain unaffected.

(5) Insofar as the liability of Optiboard Schneidbrett is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

§12

Cancellation policy

Entrepreneurs are not granted a voluntary right of revocation.

In principle, revocation is excluded for the following contracts:

• for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature. This also applies if the cutting board has been used and products or foodstuffs have been cut or prepared on it. The cutting boards are sealed with a film.
• for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

§13

Data protection

(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake not to pass this data on to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be completely guaranteed. Our liability in this respect is excluded.

(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.

(4) You have the right at any time to obtain from Optiboard Cutting Board complete and free information about the data concerning you.

(5) Furthermore, the user has the right to correct/delete data/restrict processing.

(6) Further information on data protection can be found in the separate data protection declaration.

§14

Cookies

(1) We may use cookies to display our product range. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser.

(2) Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the affected person from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

(3) Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called permanent cookies).

(5) Of course, you can set your browser in such a way that no cookies are stored on your hard drive or that cookies that have already been stored are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.

(6) We also refer to our data protection declaration.

§15

Place of jurisdiction and applicable law

(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes on the occasion of this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the supplier. However, we are also entitled to sue the customer at the court of his place of residence.

§16

Final Provisions

(1) The contractual language is German.

(2) We do not offer any products or services for purchase by minors.

(3) If you breach these Terms and Conditions and we do nothing about it, we shall still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.

(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions including these T&Cs at any time. Your order will be subject to the terms of sale, terms of agreement and terms and conditions in force at the time you place your order, unless a change to these terms is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

(5) The invalidity of a provision shall not affect the validity of the other provisions from the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.

Waldachtal, 24.06.2020 (V2) B2B