Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of orlvision GmbH (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) with the Seller concerning the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed. 1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. 1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their trade, business, or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller but are intended to enable the Customer to submit a binding offer. 2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract by clicking the button that finalizes the ordering process. The Customer may also submit the offer by email, fax, online contact form, post, or telephone. 2.3 The Seller may accept the Customer’s offer within five days:

• by sending a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive; or
• by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive; or
• by requesting payment from the Customer after receipt of the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when the first alternative occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the close of the fifth day following the date of the offer. If the Seller does not accept the Customer’s offer within this period, it shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent. 2.4 When an offer is submitted via the Seller’s online order form, the contract text will be saved by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after their order has been submitted. Beyond this, the contract text will not be made accessible by the Seller. If the Customer has created a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login data. 2.5 Before placing a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A helpful technical tool for better recognition of input errors can be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct their entries using the standard keyboard and mouse functions until they click the button that completes the order process. 2.6 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the Seller’s online shop. 2.7 Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered, especially if spam filters are used.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description. 4.2 Available payment methods are communicated to the Customer in the Seller’s online shop. 4.3 If prepayment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract unless a later due date has been agreed by the parties.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive. 5.2 If the delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the shipping costs if the Customer effectively exercises their right of withdrawal. For return shipping costs in the event of a valid withdrawal, the relevant provision in the Seller’s cancellation policy shall apply. 5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed the item over to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk generally does not pass until the goods are handed over to the Customer or a person authorized to receive them. However, the risk shall pass to the Customer as soon as the goods have been handed over to the carrier if the Customer has commissioned the carrier and the Seller did not previously name this person or institution. 5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific supply agreement with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In case of unavailability or partial availability, the Customer will be informed immediately and any payment already made will be refunded promptly. 5.5 If the Seller offers collection of the goods, the Customer may collect the ordered goods during the business hours stated by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller provides advance performance, they retain ownership of the delivered goods until the purchase price has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the provisions of statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods: 7.1 If the Customer is an entrepreneur:

• the Seller has the choice of the type of supplementary performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• rights for defects are excluded for used goods;
• the limitation period does not restart if a replacement delivery is made under the liability for defects.

7.2 The above-mentioned limitations and reductions of time limits do not apply:

• to claims for damages and reimbursement of expenses by the Customer;
• if the Seller has fraudulently concealed the defect;
• for goods that have been used in accordance with their customary use for a building and have caused its defectiveness;
• if there is an obligation of the Seller to provide updates for digital products in contracts for goods with digital elements.

7.3 For entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected. 7.4 If the Customer is a merchant as defined by § 1 HGB (German Commercial Code), the commercial duty to inspect and give notice of defects pursuant to § 377 HGB applies. If the Customer fails to comply with the reporting obligations stipulated therein, the goods shall be deemed approved. 7.5 If the Customer is a consumer, they are requested to notify the delivery service of any obvious transport damage and inform the Seller. Failure to do so has no effect on the Customer’s statutory or contractual defect claims.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows: 8.1 The Seller shall be liable without limitation on any legal grounds:

• in cases of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb, or health,
• on the basis of a guarantee promise, unless otherwise regulated,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies under the section above. 8.3 Any further liability of the Seller is excluded. 8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany…

10) Place of Jurisdiction

If the Customer is a merchant…

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Last updated: April 15, 2025, 04:04 AM