1 Scope of application and provider

(1) These General Terms and Conditions apply to all orders placed by customers in the online store of POMOM, Aschaffenburger Str. 47, 63773 Goldbach, Germany.

(2) The goods offered in our online store are aimed exclusively at customers who are to be regarded as entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), i.e. who are acting in the exercise of their commercial or independent professional activity when concluding the contract.

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall also apply to all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of the customer that contradict our General Terms and Conditions is hereby rejected.

2 Conclusion of contract and prices

(1) By completing the customer's order in our online store, the customer submits a binding purchase offer. If we subsequently send an automated confirmation of receipt, this does not constitute acceptance of the customer's purchase offer. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we separate the goods without prior express declaration of acceptance and send them to the customer.

(2) The prices stated in our online store are net prices. The applicable statutory value added tax shall be added.

(3) All prices are exclusive of the respective shipping costs.

3 Terms of payment; default

(1) The payment methods available to the respective customer are indicated in our online store.

(2) All payments are to be made within 10 days of invoicing.

(3) In the case of payment by credit card, the purchase price is reserved on the customer's credit card at the time of the order ("authorization"). The customer's credit card account is actually debited at the time we dispatch the goods to the customer.

(4) In the case of payment by direct debit, the customer may have to bear the costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrect bank account details provided by the customer.

(5) If the customer defaults on a payment, he shall be obliged to pay the statutory default interest of 9 percentage points above the base interest rate. In addition, the customer shall be entitled to payment of a lump sum of EUR 40. The right to claim further damages remains reserved.

(6) If the customer does not meet his payment obligations punctually or if it turns out that his financial circumstances are no longer sufficient for any credit granted or deferment of payment, we shall be entitled to declare all outstanding claims due immediately or to demand the provision of security.

4 Offsetting/right of retention

(1) The customer shall only have a right of set-off if his counterclaim has been legally established or is not disputed by us.

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

(3) We may assert a right of retention against all future orders of the customer, including recognized orders, if the customer does not meet his payment obligations.

5 Delivery, transport risk, delivery dates

(1) Unless otherwise agreed, the goods shall be delivered at your request from our warehouse to the address specified by you. The delivery of forwarding goods is free kerbside, unless otherwise agreed in individual cases.

(2) The risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other third party appointed to carry out the shipment. The handover begins at the same time as the loading process. A delay in acceptance by the customer shall result in the transfer of risk.

(3) We shall be released from our obligation to perform if we ourselves have not been supplied on time by our suppliers within the scope of a congruent covering transaction, unless we ourselves are responsible for the non-delivery. The customer shall be informed immediately about the missing delivery and the consideration shall be reimbursed immediately.

(4) If advance payment has been agreed, the delivery dates stated are subject to timely payment. In the event of late payment, the delivery date shall be postponed accordingly.

(5) We are entitled to make partial deliveries insofar as this is reasonable for the customer, taking into account the interests of both parties. Additional shipping costs shall be borne by us. The risk shall pass to the customer upon handover of the respective partial delivery. If we are in default with outstanding partial deliveries or if we are unable to deliver outstanding partial deliveries, the customer shall be entitled to withdraw from the contract as a whole or to claim damages for non-fulfillment of the entire obligation, provided that he has no interest in the partial delivery.

5 Retention of title

(1) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.

(2) The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to us all claims in the amount of the invoice amount that accrue to the customer from the resale. We accept the assignment. However, the customer remains authorized to collect the claims. If the customer does not properly meet his payment obligations, we reserve the right to collect claims ourselves.

(3) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

(4) We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

6 Warranty

(1) Unless expressly agreed otherwise, the customer's warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB) with the modifications specified in the following paragraphs.

(2) Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. Samples, material properties and structure of the products may deviate from the information in the online store. Our information on the subject matter of the delivery or service, including the illustrations, are only approximate descriptions, unless an exact match is required for the contractual purpose.

(3) You are obliged to inspect the goods with due care for deviations in quality and quantity and to notify us of any obvious defects immediately upon receipt of the goods. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the obligation to inspect and give notice of defects.

(4) In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification, we do not have to bear the increased costs arising from the transportation of the goods to a place other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.

(5) If the subsequent performance fails twice, the customer may, at his discretion, demand a reduction in price or withdraw from the contract.

(6) The warranty period is one year from delivery of the goods. This limitation shall not apply to claims for damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by us or our vicarious agents.

(7) Should the delivery of used products be agreed between us and the customer in individual cases, this shall be done to the exclusion of any warranty.

7 Liability

(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.

(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.

8. final provisions

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2) German law shall apply exclusively to contracts between us and you, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and the customer shall be our place of business.