GTC

GTC General Terms and Conditions of Projektor AG

§ 1 Scope

These General Terms and Conditions apply to all business relationships between Projektor AG – hereinafter referred to as “Projektor AG” – and the customer, in particular also to all contracts concluded via an online shop of Projektor AG or via an online marketplace connected by Projektor AG. The GTC apply regardless of whether the customer is a consumer, an entrepreneur or a merchant. The version of the GTC valid at the time the contract is concluded is authoritative.

Conflicting provisions of the customer or provisions deviating from the terms of sale shall not apply unless Projektor AG has expressly agreed to their validity in writing.

Legally relevant declarations and notifications by the customer relating to the contract (e.g. setting deadlines, notification of defects, withdrawal or price reduction) must be made in writing, i.e. in written or text form (e.g. letter, email, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the person making the declaration, remain unaffected.

§ 2 Conclusion of contract and offer

Contracts are concluded exclusively with Projektor AG, Gutenbergstraße 2, 48282 Emsdetten, personally liable partner: Projektor AG Holding GmbH, registry court: Amtsgericht (Local Court) Steinfurt HRB 6969, managing director: Christoph Hertz.

The following applies to the conclusion of contracts in online shops:

• The presentation and advertising of items in the online shop of Projektor AG or via an online marketplace connected by Projektor AG do not constitute a binding offer to conclude a purchase contract. Orders placed online by the customer (via the “Order with obligation to pay” button) are binding and can be accepted by Projektor AG within two days; the customer’s right – insofar as the customer is a consumer – to withdraw from the order in accordance with § 9 remains unaffected by this.
• The purchase contract with Projektor AG is not concluded by the order confirmation, but only when Projektor AG sends the order or availability confirmation. Delivery or partial delivery of the ordered goods is equivalent to the aforementioned confirmation. In the case of payment in advance, the purchase contract is concluded when the request for payment is sent.
• Should delivery of the goods ordered by the customer not be possible, for example because the goods in question are not in stock, Projektor AG will refrain from declaring acceptance. In this case, no contract is concluded. Projektor AG will inform the customer of this without delay and will refund any consideration already received without delay.

The following applies to all other contracts:

• The offers of Projektor AG are subject to change and non-binding. This also applies if Projektor AG has provided the customer with catalogues, technical documentation (e.g. drawings, plans, calculations, costings, references to DIN standards), other product descriptions or documents – including in electronic form – in which Projektor AG reserves property rights and copyrights.
• The order of the goods by the customer is deemed a binding contractual offer. Unless otherwise stated in the order, Projektor AG is entitled to accept this contractual offer within seven days of its receipt by Projektor AG, unless the order is placed via an online marketplace. In this case, the rules of the respective online marketplace apply.
• Acceptance can be declared either in writing (e.g. by order confirmation) or by delivering the goods to the customer.

§ 3 Delivery and dates

• Projektor AG is not responsible for delays in delivery or performance that are beyond its sphere of influence and make delivery or performance considerably more difficult or impossible, such as strikes, lockouts, official orders, epidemics/pandemics, even in the case of bindingly agreed deadlines. This also applies if such circumstances occur at suppliers or their sub-suppliers. In this case, the agreed deadlines and dates shall be extended appropriately. Projektor AG will inform the customer of the occurrence and duration of such impediments as quickly as possible.
• The goods are delivered by Projektor AG or by a transport company commissioned by Projektor AG. The goods are insured by Projektor AG against loss and damage if the customer is a consumer. Any decision not to make use of the insurance must be communicated to Projektor AG in writing. In this case, the customer bears the risk of deterioration or loss of the goods.
• Customers who are consumers within the meaning of § 13 BGB (German Civil Code) are requested to report externally visible transport damage to the deliverer (carrier/postal worker) without delay and to have this confirmed by them. Failure to make this complaint, however, has no consequences for the customer’s statutory claims (cf. §§ 5, 6 of these GTC).

If there are reasonable indications of a risk of non-payment, Projektor AG reserves the right to deliver only after receipt of the purchase price plus shipping costs (reservation of payment in advance). If Projektor AG makes use of the reservation of payment in advance, it will inform the customer without delay. In this case, the delivery period begins with payment of the purchase price and the shipping costs.

§ 4 Prices, set-off

Unless otherwise indicated, prices include statutory VAT and exclude packaging and transport.

The following applies to the online shops of Projektor AG:

The shipping costs are stated in the price information in the online shop. The price, including VAT where applicable, and the applicable shipping costs are also displayed in the order form before the customer submits the order.

The following applies to all other contracts:

Unless otherwise agreed in individual cases, the prices current at the time the contract is concluded apply, ex warehouse, plus statutory VAT.

Set-off:

The customer is not entitled to set off against claims of Projektor AG unless the counterclaims have been legally established or are undisputed. The customer is also entitled to set off against claims of Projektor AG if they assert notices of defects or counterclaims arising from the same purchase contract.

As a buyer, the customer may only exercise a right of retention if the counterclaim arises from the same purchase contract.

§ 5 Warranty

Projektor AG is liable for material defects or defects of title in delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB and – where applicable – §§ 327 et seq. BGB and §§ 475a et seq. BGB.

The following provisions apply to entrepreneurs/merchants:

• If the customer is an entrepreneur/merchant, they are obliged to inspect the goods for obvious defects without delay after receipt and, if a defect becomes apparent, to notify Projektor AG without delay. In this respect, § 377 HGB (German Commercial Code) applies. Defects that are not recognisable must be reported in writing without delay after discovery. If the customer fails to carry out the proper inspection and/or notification of defects, the liability of Projektor AG for the defect not reported, not reported in time or not reported properly is excluded in accordance with the statutory provisions.
• If the customer discovers a defect in the goods and a warranty case exists, Projektor AG is entitled to carry out repair free of charge or to make a replacement delivery. If Projektor AG is not prepared to remedy the defect or make a replacement delivery, or if a total of three attempts at repair fail, the customer is entitled to withdraw from the purchase contract or to reduce the purchase price.
• If, on examination of the notification of defects, it turns out that there is no warranty case, Projektor AG is entitled to invoice the customer for the expenses incurred as a result.
• In the case of used goods, the goods are sold with liability for material defects excluded. This exclusion does not apply to claims for damages arising from liability for material defects that are based on a grossly negligent or intentional breach of duty by Projektor AG or its vicarious agents, or in the event of injury to life, body or health.

§ 6 Retention of title with respect to consumers

Projektor AG retains ownership of the delivered goods until full payment of all claims arising from the delivery contract.

In the event of seizures or other interventions by third parties, the customer must inform the third party of the rights of Projektor AG to the purchased item and notify Projektor AG without delay. If the customer breaches this obligation, they are liable for the resulting damage. The customer is not entitled to pledge the goods delivered under retention of title.

§ 7 Retention of title with respect to entrepreneurs/merchants

• Projektor AG retains ownership of the goods sold until full payment of all present and future claims of Projektor AG arising from the purchase contract and an ongoing business relationship (secured claims).
• The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The customer must notify Projektor AG in writing without delay if an application is made to open insolvency proceedings or if third parties access the goods belonging to Projektor AG (e.g. seizures).
• In the event of conduct by the customer in breach of contract, in particular non-payment of the purchase price due, Projektor AG is entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not at the same time constitute a declaration of withdrawal; rather, Projektor AG is entitled merely to demand the return of the goods and to reserve the right to withdraw. If the customer does not pay the purchase price due, Projektor AG may only assert these rights if Projektor AG has previously set the customer a reasonable deadline for payment without success, or if setting such a deadline is unnecessary under the statutory provisions.
• Until revoked in accordance with (c) below, the customer is authorised to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions apply in addition.
• The retention of title extends to the products resulting from the processing, mixing or combining of the goods of Projektor AG at their full value, whereby Projektor AG is deemed to be the manufacturer. If, in the case of processing, mixing or combining with goods of third parties, their right of ownership remains, Projektor AG acquires co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same applies to the resulting product as to the goods delivered under retention of title.
• The customer hereby assigns to Projektor AG as security the claims against third parties arising from the resale of the goods or the product, in full or in the amount of any co-ownership share of Projektor AG in accordance with the preceding paragraph. Projektor AG accepts the assignment. The customer’s obligations set out in para. 2 also apply with regard to the assigned claims.
• The customer remains authorised to collect the claim alongside Projektor AG. Projektor AG undertakes not to collect the claim as long as the customer meets their payment obligations towards Projektor AG, there is no lack of ability to pay and Projektor AG does not assert the retention of title by exercising a right in accordance with para. 3. If this is the case, however, Projektor AG may demand that the customer discloses the assigned claims and their debtors to Projektor AG, provides all information required for collection, hands over the associated documents and informs the debtors (third parties) of the assignment. In addition, Projektor AG is entitled in this case to revoke the customer’s authority to further sell and process the goods subject to retention of title.
• If the realisable value of the securities exceeds the claims of Projektor AG by more than 10 %, Projektor AG will release securities of its choice at the customer’s request.

§ 8 Data protection

All data transmitted by the customer are processed by Projektor AG in compliance with the relevant data protection regulations. The customer can find further information in the data protection notices on the websites of Projektor AG.

§ 9 Right of withdrawal for consumers

Withdrawal policy

Consumers have a fourteen-day right of withdrawal.

Right of withdrawal

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

The withdrawal period is fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

In the case of a contract for multiple goods ordered by you in one order and delivered separately, the withdrawal period begins on the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise your right of withdrawal, you must inform us (Projektor AG, c/o visunext SE, Gutenbergstraße 2, 48282 Emsdetten, vertrieb@projektor.ag, fax: 0221 71998179, phone: 0221 719981-0) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form for this purpose, but it is not obligatory. You can use this model withdrawal form or also fill in and submit our withdrawal form electronically on our website. If you use this option, we will send you confirmation of receipt of such a withdrawal without delay (e.g. by email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which the goods to be returned have been received by us.

For goods that can be sent by parcel: you will receive a free return label from us by email and can use it to send the goods back to us. Please send the goods unused, in their original packaging and protected against breakage.

Products that are shipped at the standard rate but cannot be sent by parcel due to their nature (excess lengths or bulky goods such as screens, displays, boards or furniture and the like) will be collected from you. You must bear the costs of this collection. For a screen, the cost of collection in Germany (mainland only) is EUR 35 (incl. VAT), and for freight forwarding goods in Germany (mainland only) EUR 79 (per pallet incl. VAT). Shipments with carriage unpaid are not accepted as a matter of principle.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods insured, whichever is the earliest.

Special notes

If you finance this contract with a loan and later withdraw from it, you are also no longer bound by the loan agreement, provided both contracts form an economic unit. This is to be assumed in particular if we are also your lender or if your lender makes use of our cooperation with regard to the financing. If the loan has already been paid to us when the withdrawal takes effect or when the goods are returned, your lender assumes our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the withdrawal or return. The latter does not apply if the present contract concerns the acquisition of financial instruments (e.g. securities, foreign currency or derivatives). If you wish to avoid a contractual obligation as far as possible, exercise your right of withdrawal and also withdraw from the loan agreement if you have a right of withdrawal for it as well.

End of withdrawal policy

Exceptions to the right of withdrawal

The above right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer.

Model withdrawal form

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

To Projektor AG, c/o visunext SE, Gutenbergstraße 2, 48282 Emsdetten, fax: 0221 71998179,

email: vertrieb@projektor.ag:

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate

§ 10 Payment

All claims become due upon invoicing. They are payable without discount unless other agreements have been made. Invoicing usually takes place upon delivery of the goods.

If the customer is a consumer within the meaning of § 13 BGB, payment is made – as a rule, where possible in the respective online shop and/or online marketplace – either by cash on delivery, payment in advance, invoice, PayPal, Amazon Payments, credit card (Mastercard or Visa) or by EC card payment on collection. When paying by direct debit (PayPal or Amazon Payments), the account is debited when the order is completed. When buying on account, the invoice amount is payable within 10 days of receipt of the invoice unless otherwise agreed. The customer automatically falls into default if they do not pay the invoice within 14 days of receipt of the invoice, without the need for a further reminder from Projektor AG.

If the customer is a merchant/entrepreneur, payment is made as agreed.

If the customer defaults on payment, Projektor AG is entitled to charge default interest of 5 %, or 9 % for merchants, above the base rate of the European Central Bank, unless the customer proves lower damage or Projektor AG proves higher damage.

If the customer owes Projektor AG several payments, Projektor AG is entitled, notwithstanding any contrary repayment provisions of the customer, to settle first the debt that is due and, among several debts that are due, the oldest debt in each case.

§ 11 Liability

• In all cases of contractual and non-contractual liability, Projektor AG is liable to the customer for damages or reimbursement of futile expenses in the event of intent and gross negligence in accordance with the statutory provisions.
• In other cases, Projektor AG is liable – unless otherwise provided in para. 3 – only for the breach of a contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely (so-called cardinal obligation), and then limited to compensation for the foreseeable and typical damage. In all other cases, the liability of Projektor AG is excluded, subject to the provision in para. 3.
• The liability of Projektor AG for damage resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 12 Limitation period with respect to entrepreneurs/merchants

• Notwithstanding § 438 para. 1 no. 3 BGB, the general limitation period for claims arising from material defects and defects of title is one year from delivery. Where acceptance has been agreed, the limitation period begins with acceptance.
• The above limitation periods under the law on sales also apply to contractual and non-contractual claims for damages by the customer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in the individual case. Claims for damages by the customer in accordance with § 11 para. 3 become time-barred exclusively in accordance with the statutory limitation periods.

§ 13 Severability clause

Should any provision of these terms of sale be or become invalid in whole or in part, this shall not affect the validity of the remainder of that provision or of these terms of sale as a whole.

§ 14 Place of jurisdiction, place of performance, applicable law and contract language

If the customer is a registered merchant, the place of jurisdiction is the Amtsgericht (Local Court) in Steinfurt. However, this does not preclude Projektor AG from bringing an action at the court of the customer’s place of residence.

The place of performance is Emsdetten, provided the customer is a registered merchant and the order confirmation does not state otherwise.

For private end consumers resident outside the European Union, the place of jurisdiction is the Amtsgericht (Local Court) in Steinfurt. For private end consumers within the European Union, the law of the end consumer’s place of residence may apply if mandatory consumer protection provisions are concerned.

The contract language is German.