General terms and conditions and customer information

1. General terms and conditions of business

• 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (D-Parts GmbH) via the website

em2go.de. Unless otherwise agreed, the inclusion of your own terms and conditions will be

contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that

predominantly neither to their commercial nor to their independent professional activity. An entrepreneur is any

natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, in the exercise of its

self-employed professional or commercial activity.

• 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.

The goods you wish to purchase are placed in the "shopping cart". You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar. After clicking the "Checkout" or "Continue to

After clicking on "Order" (or similar name) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

Before submitting your order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.

By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment" or similar term), you submit a binding offer to us.

You will first receive an automatic email confirming receipt of your order, which does not yet constitute a contract.

(3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail),

in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

• 3 Special agreements on payment methods offered

(1) Payment via SOFORT / Sofortüberweisung

If you select the payment method Sofort / Sofortüberweisung, the payment will be processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The prerequisite for using the SOFORT payment method is that you have an online banking account that has been activated for this purpose. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after you place your order. You can find more information about SOFORT at https://www.klarna.com/sofort/.

(2) Payment via Klarna

In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”) we offer the following payment options. Payment is made to Klarna in each case:

Invoice (“Pay Later”): The Klarna invoice terms and conditions for Germany can be found at

https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the conditions for the option to extend the

Payment terms can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.

The Klarna invoice terms and conditions for Austria can be found at

https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; the conditions for the option to extend the

Payment terms can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.

Credit card

Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

Further information about Klarna and the Klarna terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

(3) SEPA direct debit

When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The direct debit will be collected within 10-15 days after the contract has been concluded.

The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a direct debit being returned due to your fault, you will be responsible for the bank fee incurred.

• 4 Right of retention, retention of title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies in addition:

1. a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full.

Before the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.

1. b) You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims in the amount of

You transfer to us the invoice amount that you receive from the resale, and we accept the assignment. You are also entitled to collect

However, if you do not properly meet your payment obligations, we reserve the right to

to collect the claim yourself.

1. c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value

the reserved goods to the other processed items at the time of processing.

1. d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our

Collateral exceeds the claim to be secured by more than 10%. The selection of the collateral to be released is our responsibility.

• 5 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage.

and to inform us and the carrier of any complaints as soon as possible. If you do not do this, this will not

Impact on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you

before the contract was concluded and the deviation was expressly and separately agreed between

agreed upon by the contracting parties.

(4) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

1. a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the goods, but not

other advertising, public praise and statements by the manufacturer.

1. b) In the event of defects, we shall provide a warranty at our discretion by repair or replacement. If the remedy of the defect fails,

you can choose to demand a reduction or to withdraw from the contract. The remedy of the defect is deemed to be

Attempt shall be deemed to have failed unless the nature of the goods or the defect or other circumstances indicate otherwise.

In the event of repair, we do not have to bear the increased costs incurred by transporting the goods to a

other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

1. c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- damages caused by us due to culpable injury to life, body or health and in the case of intentional

or other damages caused by gross negligence;

- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;

- in the case of items which have been used for a building in accordance with their usual use and whose defectiveness

caused;

- in the case of statutory recourse claims that you have against us in connection with warranty rights.

• 6 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only to the extent that it does not affect the contractual relationship

the protection afforded by the country of the consumer’s habitual residence is not withdrawn (favourability principle).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, unless you

consumers, but rather a merchant, a legal entity under public law or a special fund under public law. The same applies

if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode at the time

The right to also appeal to a court at another legal place of jurisdiction remains unchallenged.

untouched.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

1. Customer information 1. Identity of the seller

D-Parts GmbH Birkenweiher Strasse 16 63505 Langenselbold Germany

Phone: 06184-931448 Email: info@em2go.de

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contract language is German.

3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. delivery terms

6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipping are at your risk.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 29.11.2023