General Terms and Conditions of Listan GmbH (Online shop) Customer Information

A. General Terms and Conditions (Status: July 2022)

1. Scope of application, definitions

1.1 All offers, purchase contracts, deliveries and services based on orders placed by the customer ("Customer") via the online shop ("online shop") are subject to the following General Terms and Conditions ("GTC") of Listan GmbH, Wilhelm-Bergner-Str. 11C, 21509 Glinde ("Provider"), in the version valid at the time of the respective order. Deviating general terms and con-ditions of the Customer shall not be recognised unless the supplier expressly agrees to their validity in writing.

1.2 The Customer is a consumer insofar as the purpose of the deliveries and services cannot be as-signed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in a commercial or self-employed professional activity.

1.3 If the Customer is located in one of the following countries, country-specific terms and conditions at the end of these Terms and Conditions shall additionally apply. In the event of any conflict between these country-specific terms and conditions and the terms and conditions listed below, the coun-try-specific terms and conditions shall prevail.

France, Italy, Poland, Hungary

2. Conclusion of contract

2.1 The presentation and advertising of products by the Provider in the online shop does not constitute a binding offer to conclude a purchase contract.

2.2 The Customer may submit a binding purchase offer (order) via the online shop taking the following steps :  

• Selection of products from the range of the supplier
• Collecting the products in a virtual shopping cart via the button with the shopping cart symbol
• Checking of all details in the shopping cart and confirmation via the "Proceed to checkout" button
• Registration or login in the online shop with the selected access data (e-mail address and password) - alternatively continue as guest order by ticking the option "Do not create a cus-tomer account"
• Entering the necessary address data
• Continue on the next page by clicking the "Next" button
• Checking and, if necessary, correction of the data entered
• Acceptance of the GTC and confirmation of the cancellation policy by clicking on the corre-sponding fields
• Submission of a binding application to purchase the products in the shopping cart via the button "Order subject to payment".

Before submitting the order, the Customer can view and change the data at any time. However, the order can only be placed and transmitted if the Customer has accepted these GTC and thereby included them in his purchase offer.

2.3 After an order has been placed, the Provider shall send the Customer an automatic confirmation of receipt (order receipt confirmation) by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The order receipt confirmation merely documents that the Customer's order has been received by the Provider and does not represent an acceptance of the application. The contract is not concluded until the Provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation), or at the latest upon delivery of the ordered products. In the order confirmation or in a separate e-mail, but at the latest upon delivery of the goods,  the text of the contract shall be sent on a durable medium (e-mail or paper printout) (contract confirmation) to the Customer. 

3. Cancellation policy 

3.1 When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the Supplier informs them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in section 3.2. Section 3.3 contains a cancellation form.

Cancellation policy 

Right of withdrawal 

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

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods.

In order to use your right of withdrawal, you must inform us (see contact data below) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. 

Listan GmbH
Wilhelm-Bergner-Str. 11C
21509 Glinde

Phone: +49 40/ 736 76 86 44
Fax: +49 40/ 736 76 86 69
Email: service@bequiet.com

You can use the attached withdrawal form, which however is not mandatory.

To comply with the withdrawal period, it is sufficient that you dispatch the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
 

Consequences of revocation 

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will in no case be charged for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and function of the goods. 

End of the cancellation policy

3.2 The right of withdrawal does not apply to contracts for the delivery of goods that are not prefab-ricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

3.3 The Provider informs about the withdrawal form according to the legal regulation as follows:

Cancellation form 
 

(If you wish to cancel the contract, please complete and return this form). 

- To [here the name, address and if necessary the fax number and e-mail address of 
the entrepreneur is to be inserted by the entrepreneur]:
- I/we (*) hereby cancel 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 in case of paper communication)
- Date
(*) Delete as applicable 
 

4. Delivery, availability of goods

4.1 Delivery times stated by the supplier are calculated from the time of order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in the online shop, it shall be 3 working days.

4.2 If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.

4.3 If the product designated by the Customer in the order is only temporarily unavailable, the Supplier shall also inform the Customer of this immediately in the order confirmation.

4.4 The following delivery restrictions apply:
 

The supplier only delivers to customers with a delivery address in one of the following countries: Germany. A pickup of ordered items at the registered office of the Provider is not possible.

5. Retention of title

Until full payment, the delivered goods remain the property of the supplier.
 

6. Prices and shipping costs
 

6.1 All prices stated in the online shop are inclusive of the applicable statutory value added tax.

6.2 The corresponding shipping costs are indicated to the Customer in the order form and are to be borne by the Customer unless the Customer exercises his right of revocation.

6.3 If the Customer is a consumer, the goods will be shipped by mail. In this case, the shipping risk is borne by the supplier. If the Customer is an entrepreneur, the supplier delivers within Germany "free curb", unless otherwise expressly agreed. In this case, the risk of accidental loss of the goods shall pass to the Customer upon delivery at the place of destination.  

6.4 In the event of a revocation, the Customer shall bear the direct costs of the return shipment.

7. Payment terms 

7.4 If you choose one of the payment methods via PayPal Plus, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). In addition to these GTC, the PayPal Terms of Use (www.paypal.com/de/webapps/mpp/ua/useragreement-full ) shall apply.

• PayPal

If the payment method "PayPal" is selected, the Customer will be forwarded directly to PayPal. There the Customer logs in to his PayPal account with the user data and authorizes the payment. Afterwards, the customer is automatically logged out and redirected back to the Provider's online shop. Payment is made using the means of payment that the Customer has stored or selected in his PayPal account. In case of a return of goods, the amount will be credited to the Customer's PayPal account after receipt of the goods.

• Direct debit (PayPal Plus)

This is a payment service of PayPal Plus, which the Customer can use without a personal PayPal account. When choosing the payment method "Direct Debit (PayPal Plus)", the Customer is directly redirected to PayPal and approves the direct debit by providing his account details (IBAN, BIC). The invoice amount will be collected from the account specified by the Customer. In case of a return of goods, the amount will be credited to the Customer's bank account after receipt of the goods.

• Credit card (PayPal Plus)

This is a payment service of PayPal Plus, which the Customer can use without a personal PayPal account. When choosing the payment method "Credit Card (PayPal Plus)", the Customer is directly redirected to PayPal and authorizes the payment by selecting a credit card (VISA/MasterCard) and providing the credit card number, expiration date and the credit card verification code. The selected credit card will be charged with the invoice amount. In case of a return of goods, the amount will be credited to the Customer's credit card account after receipt of the goods.

7.6 If the due date for payment is determined by the calendar, the Customer shall already be in default by missing the deadline. In this case, if the Customer is a consumer, the Customer shall pay the Provider default interest for the year in the amount of 5 percentage points above the base interest rate. If the Customer is an entrepreneur, the Provider is entitled to charge interest on arrears at a rate of 8 per-centage points above the base interest rate, with the right to charge higher interest rates if they have actually been incurred. The obligation of the Customer to pay default interest does not exclude the assertion of further damages caused by default by the Provider.

7.7 The Customer is not entitled to offset against our claims unless his counterclaims have been legally established or are undisputed. The Customer is also entitled to offset against our claims if the Customer asserts notices of defects or counterclaims from the same purchase contract.

7.8 The Customer may only exercise a right of retention if his counterclaim arises from the same pur-chase contract.
 

8 Warranty, Guarantee

8.1 The Supplier shall be liable for material defects in accordance with the applicable statutory provi-sions, in particular §§ 434 ff. BGB (German Civil Code). In the event of material defects in the delivered goods, the Supplier shall first be obliged and entitled to rectify the defect or to make a replacement delivery at its discretion within a reasonable period of time. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, the Customer may withdraw from the contract or reasonably reduce the purchase price. If a defect is due to the fault of the supplier, the Customer may claim damages under the conditions set out in clause 9.

8.2 An additional guarantee exists for the goods delivered by the supplier only if this was expressly stated in the order confirmation for the respective article.

8.3 If the Customer is an entrepreneur, the delivered goods must be carefully inspected immediately after delivery to the Customer or to a third party designated by the Customer. With regard to obvious defects or other defects which would have been recognisable in the course of an immediate, careful examination, they shall be deemed to have been approved by the Customer if the supplier does not receive a written notification of defects within 3 working days of delivery. With regard to other defects, the delivered goods shall be deemed to have been approved by the Customer if the notice of defect is not received by the supplier within 3 working days after the point in time at which the defect became apparent; if the defect was already apparent at an earlier point in time during normal use, however, this earlier point in time shall be decisive for the commencement of the period for lodging a complaint. 

8.4 If the Customer is an entrepreneur, the warranty period is one year from delivery of the goods. This period shall not apply to claims for damages by the Supplier arising from injury to life, limb or health or from intentional or grossly negligent breaches of duty by the Supplier or its vicarious agents, which shall each be time-barred in accordance with the statutory provisions.
 

9. Liability

9.1 Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual ob-ligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential con-tractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

9.2 In the event of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

9.3 The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

9.4 The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

10. Force majeure

The supplier is not liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. opera-tional disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which the supplier is not responsible. Insofar as such events make it significantly more difficult or impossible for the Supplier to deliver or perform and the hindrance is not only of temporary duration, the Supplier shall be entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery or service deadlines shall be extended or postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the Customer cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by means of an immediate written declaration to the supplier.
 

11. Information on online dispute resolution

The Commission of the European Union provides a platform for online dispute resolution. This so-called "ODR platform" is intended to help companies and consumers to settle disputes about contractual obligations arising from sales or service contracts concluded via the Internet out of court. The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr .

The Provider is in principle not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
 

12. Final provisions

12.1 Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer has his habitual residence as a consumer, shall remain unaffected.

12.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the registered office of the Provider.

12.3 The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
 

13. Additional country-specific conditions

If the customer is located in one of the following countries, the following terms and conditions shall apply and supersede any conflicting aforementioned terms and conditions:
 

13.1     France

13.1.1 Provisions of the aforementioned Clause 8 "Warranty, Guarantee" are hereby replaced in full by the following provisions: 

"8.1 If the Customer is acting as a consumer, the Seller is responsible for the legal warranty under Article L.217-4 and following of the Consumer Code and for hidden defects under Article 1641 and following of the Civil Code. The consumer has a period of two years after delivery of the goods to exercise his warranty rights. He may choose between repair or replacement of the goods in ac-cordance with the conditions set out in article L. 217-9 of the Consumer Code. He is exempt from proving the defect of the goods during the first 24 months after delivery of the goods, except for used goods. The legal liability for defects applies regardless of any contractual guarantee.

The consumer may invoke the legal guarantee for hidden defects within the meaning of Article 1641 of the Civil Code. In this case, he may choose between annulment of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

If the consumer wishes to lodge a complaint concerning the legal guarantee provided for in Article L. 217-4 and following of the Consumer Code or the legal guarantee for hidden defects provided for in Article 1641 and following of the Civil Code, he may address this complaint to the seller.

8.2 If the Customer is acting as an entrepreneur, an insignificant defect shall in principle not give rise to any claims for defects. The seller has the choice of the type of supplementary performance. The warranty period for goods delivered by the seller is 12 months. The limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

8.3 An additional guarantee shall only exist for the goods delivered by the seller if this has been expressly stated in the order confirmation for the respective order."

13.1.2 The provisions of the aforementioned Clause 11 "Information on Online Dispute Resolution" are hereby supplemented at the end by the following provision as a new paragraph: 

"In addition, the Client has the right to initiate mediation proceedings by contacting the Mediator as follows: Association des Médiateurs Européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), http://www.mediationconso-ame.com /. The mediator will inde-pendently and impartially try to reach an amicable settlement of the conflict. In the event of me-diation, it is up to each party to accept or reject the mediator's proposal."
 

13.2     Italy

13.2.1 The provisions of the aforementioned Clause 8 "Warranty, Guarantee" are hereby replaced in full by the following provisions: 

"8.1 If the Customer is acting as a consumer, the Seller guarantees the conformity of all products sold for a period of two years from delivery, in accordance with article 130 of the Consumer Code. Without prejudice to any other legal rights, in the event of non-conformity of the Product, the Customer shall have the right, in accordance with article 130 of the Consumer Code, either to have the purchased product brought into conformity free of charge by means of repair or subsequent delivery, or to request a reasonable reduction in the purchase price or withdrawal from the contract. The Customer may assert the foregoing rights on condition that the Products are defective or do not conform to its order and that it notifies the Seller of the lack of conformity within a period of two (2) months after discovery of the lack of conformity. If the Customer is entitled to these claims, the Customer will be reimbursed for the purchase price and shipping costs.

8.2 If the customer is acting as an entrepreneur, an insignificant defect shall in principle not give rise to any claims for defects. The seller has the choice of the type of supplementary performance. The warranty period for goods delivered by the seller is 12 months. The limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

8.3 An additional guarantee shall only exist for the goods delivered by the Seller if this has been expressly stated in the order confirmation for the respective order."

13.2.2 The provisions of the aforementioned Clause 12 "Final Provisions" are hereby supplemented at the end by the following provision as a new paragraph:

"Without prejudice to the above choice of law, the Customer is informed that if he/she is acting as a consumer, his/her statutory rights under Section 1, Title III of the Italian Consumer Code (Legislative Decree No. 206/2005) shall remain unaffected."
 

13.3     Poland

The first paragraph of Section 12 "Final Provisions" is hereby replaced in its entirety by the following provision:

"The Customer agrees that the online shop, the GTC and all disputes between the parties shall be governed by Polish law in all respects."
 

13.4    Hungary

The following provision is added at the end of the first paragraph of point 1 “Scope of application; definitions”:

"These GTC constitute an implied contract between the Customer and the Provider, if the re-quirements for written contracts under Hungarian law are not met."
 

B. Customer information
 

1. Information on the identity of the seller
 

Listan GmbH
Wilhelm-Bergner-Str. 11C
21509 Glinde

Phone: +49 40/ 736 76 86 44
Fax: +49 40/ 736 76 86 69
Email: service@bequiet.com

Registry court: Lübeck HRB 18103 HL
Managing Directors: Stanislav Minkin, Oleg Ushkats, Elina Gorborova

Sales tax identification number according to § 27a UStG: DE 217 909 278 (VAT Act)
 

2. Information on the essential characteristics of the product or service

The essential characteristics of the goods or services are set out in the respective product description.
 

3. Information on the conclusion of the contract

The contract is concluded in accordance with clause 2 of the GTC (see above).
 

4. Information on payment and delivery

Payment shall be made in accordance with clause 7 of the GTC (see above). 
Delivery shall be made in accordance with clause 4 of the GTC (see above).
 

5. Information on the technical steps leading to the conclusion of the contract

In order to place an order, the Customer must go through the technical steps described in section 2 of the GTC(see above). Acceptance by the supplier also takes place in accordance with section 2 of the GTC (see above).
 

6. Information on the storage of the contract text

The contract text will be stored by the Provider and sent to the Customer in text form (e.g. e-mail, fax or letter) after sending his order together with the GTC and customer information. In addition, the contract text is archived by the Provider and can be accessed free of charge by the Customer via the pass-word-protected customer account, provided that the Customer has created a customer account before sending the order.
 

7. Information on the technical means to detect and correct input errors

Before the binding submission of the order, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
 

8. Information on the languages available for the conclusion of the contract

For the conclusion of the contract, the following languages are exclusively available - depending on the Customer's choice: [German, English].