Terms and Conditions of our online shop and information requirements under distance selling law

General Terms and Conditions

§ 1 Scope of Application

1. The following General Terms and Conditions of A. W. Dienemann GmbH & Co. KG apply to all contracts between consumers or businesses (hereinafter referred to as the “Customer”) and the Seller inthe goods and/or services displayed in the online shop, unless otherwise agreed in writing between the parties. We do not recognise any deviating or conflicting terms and conditions unless we have expressly agreed to them. The inclusion of the Customer’s own terms and conditions is hereby rejected.

2. For the purposes of these General Terms and Conditions, a ‘consumer’ is any natural person who enters into a legal transactionfor purposes that are predominantly attributable neither to their commercial nor to their self-employed professional activities (Section 13 of the German Civil Code (BGB)).

3. An ‘entrepreneur’ within the meaning of these General Terms and Conditions is a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, acts in the course ofthe course of their commercial or self-employed professional activities (Section 14 of the German Civil Code (BGB)).

§ 2 Conclusion of the Contract

1. The presentation of our goods in the online shop does not constitute a binding offer, but rather an invitation to the customer to make an offer. Only when you place an order for goods does this constitute a binding offer in accordance with § 145 of the German Civil Code (BGB). If this offer is accepted, we will send you an order confirmation by email or dispatch the goods. The sending of a mereorder receipt confirmation merely informs you that the order has been received and does not yet constitute acceptance of the offer.

2. The ordering process in our online shop comprises several steps:

1. Selecting the desired goods and adding them to the shopping basket.
2. Log in with an existing customer account, register as a new customer or enter your customer details.
3. Select the delivery and payment method.
4. Check all details (e.g. name, address, payment method, items ordered) and the option to correct any input errors.
5. Submit the order by clicking the “Place order“.

3. Businesses intending to purchase goods regularly from A. W. Dienemann GmbH & Co. KG may apply for a loginfor business customers. To do so, please send us a copy of your business registration and your VAT registration number by email to [email protected] or by post. Once your details have been successfully verified, you will be provided with your business login.

4. For deliveries to Switzerland, the contract of sale is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT), is concluded. The company also handles customs clearance, invoicing and delivery within Switzerland. This service is included in the purchase price and any delivery charges that may apply. MeinEinkauf GmbH in Konstanz, Germany (DE285677365), is also integrated into the supply chain to handle the transaction. This does not result in any additional costs for the buyer.

§ 2a Price Information and Errors

1. All prices quoted in our online shop are final prices, inclusive of statutory VAT, plus any applicable delivery charges.

2. In the event of obvious pricing or system errors, we are entitled to rescind the contract in accordance with the statutory provisions. Any payments already made will be refunded immediately in the event of a valid cancellation.

§ 3 Prices and Terms of Payment

1. The prices quoted include statutory VAT. Any delivery charges incurred in addition to the product price are shown separately in the relevant product description and during the ordering process.

2. The minimum order value is € 15.00.

3. The customer may choose from the payment methods listed in the online shop (e.g. prepayment by bank transfer, PayPal). We reserve the right to exclude certain payment methods in individual cases. If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days:

Bank details: Sparkasse Bremen AG
IBAN: DE42 2905 0101 0081 15 92 79
BIC: SBREDE22

4. Registered and approved business customers have the option of delivery on account. When choosing the ‘invoice’ payment method, the invoice amount must be paid by bank transfer within 10 days of the invoice date, without any deductions.

5. Registered business customers place orders in accordance with their individually agreed terms.

§ 4 Delivery charges and return costs in the event of cancellation

1. Any delivery charges incurred are shown in the relevant offer and listed separately during the ordering process.

2. Who bears the costs in the event of withdrawal: &If, as a consumer, you exercise your statutory right of withdrawal, you must bear the direct costs of returning the goods.

§ 5 Retention of title

1. In the case of consumers, the goods delivered remain our property until full payment has been made.

2. In the case of business customers, the following applies in addition: The goods remain our property until all claims arising from an ongoing business relationship have been settled in full. The business customer is entitled to resellthe goods subject to retention of title in the ordinary course of business; however, they hereby assign to us all claims arising from such resale, in an amount equal to the invoice amount. We accept the assignment. Following the assignment, the contractor is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the business fails to meet its payment obligations in due course.

&Section 6 Delivery Terms

1. Delivery shall be made to the delivery address specified by the customer. Please refer to the delivery indicator on the product for the estimated delivery times (e.g. green traffic light: delivery in approx. 2–4 working days; yellow traffic light: delivery in approx. 10–14 days; red traffic light: currently out of stock).

2. The seller reserves the right to withdraw from the contract in the event of incorrect or late delivery by suppliers. This applies to consumers only in the event that the seller is not responsible for the failure to supply and has previously concluded a specific covering transaction with the supplier. In the event of unavailability, the customer will be informed immediately and any payments received will be refunded without delayreimbursed as soon as possible.

§ 7 Warranty for consumers

The statutory provisions on liability for defects (§§ 434 et seq. BGB) apply. The limitation period for statutory claims for defects in new goods is two years from the date of delivery of the goods to the customer.

§ 8 Warranty for business customers

1. If the customer is a business, the assertion of claims for defects is subject to the customer having duly fulfilled their obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB)

2. In the event of defective goods, the seller shall have the right to choose the form of subsequent performance (rectification of the defect or delivery of a defect-free item).

3. The limitation period for claims for defects against traders is 12 months from the transfer of risk. This does not apply to claims for damages arising from injury to life, bodily injury or damage to health, or for claims arising from intentional or grossly negligent breaches of duty.

§ 9 Voluntary take-back guarantee for Festool products

1. For Festool brand products, we offer consumers and businesses a voluntary 15-day returnreturn guarantee from receipt of the goods. The goods may be returned to us free of charge within this period, provided they are complete, unused and undamaged.

2. This voluntary guarantee applies exclusively to Festool products. This voluntary guarantee does not affect the statutory right of withdrawal for consumers.

&Section 10 Limitation of Liability

1. We accept unlimited liability for wilful misconduct and gross negligence, for injury to life, bodily injury and damage to health, and in accordance with the provisions of the Product Liability Act.

2. In the event of a breach of an obligation due to slight negligence, the fulfilment of which is essential for the properof the contract and on the observance of which the contracting party may reasonably rely (cardinal obligation), our liability shall be limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

§ 11 Final Provisions

1. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

2. If the customer is a trader within the meaning of the German Commercial Code (HGB), a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office in Bremen.

3. Should individual provisions of these General Terms and Conditions be or become invalid or unenforceableor become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.

Appendix: Consumer Information

1. Identity of the seller

A. W. Dienemann GmbH & Co. KG
Malthusstraße 25
28307 Bremen
Telephone: 0421 / 48 69 80
Email: [email protected]
Website: www.dienemann-bremen.de

Registered office: Bremen, Bremen Local Court HRA 26631 HB
VAT registration number: DE 291068401
Represented by: A.W. Dienemann Verwaltungs GmbH (Bremen Local Court, HRB 28872), which is in turn represented by the managing directors Klaus Kahrs and Philip Kahrs.

2. Key characteristics of the goods and price information

Please refer to the individual product descriptions in the online shop for the key features of the goods and the validity period of limited-time offers. All prices quoted are total prices including statutory VAT, plus any applicable delivery charges.

3. Terms of Payment, Delivery and Service

• Payment: Payment can be made either by prepayment or via PayPal.
• Delivery: The relevant delivery times are displayed alongside the product in the online shop (e.g. via a delivery traffic light system).
• Correcting input errors: Input errors can be checked and corrected in the shopping basket and at checkout using the correction functions provided before the order is submitted and becomes binding.

4. Statutory right of withdrawal & exceptions to the right of withdrawal

a) Statutory right of withdrawal & Costs

Consumers are entitled to a statutory right of withdrawal in the case of distance contracts. Detailed information on this can be found in our separate cancellation policy. In the event of cancellation, the consumer shall bear the direct costs of returning the goods.

b) Exclusion of the right of withdrawal for custom-made products (e.g. individual colour shades)

Pursuant to § 312g(2)(1) of the German Civil Code (BGB) does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer isor which are clearly tailored to the consumer’s personal needs.

Important note: The right of withdrawal, as well as free cancellation or return, is excluded for colour shades, stains, varnishes or bespoke products, the right of withdrawal, as well as free cancellation or return, is excluded.

5. Liability for defects, warranty and after-sales service

• Warranty: The statutory provisions regarding liability for defects apply.
• Manufacturer’s warranties: Any manufacturer’s warranties (e.g. the Festool 15-day money-backor the 36-month warranty upon registration at www.festool.de) apply in addition and do not limit your statutory warranty rights.
• Customer service: You can contact our customer service team from Monday to Thursday from 8.00 am to16:30 and on Fri from 8:00–14:30 on 0421 / 48 69 80 or by email at [email protected].

6. Language of the contract and storage of the contract text

• Language of the contract: Only the German language is available for the conclusion of the contract.
• Storage: We shall store the text of the contract. The order details and Terms and Conditions will be sent to the customer by email. Registered customers can view past orders in their customer account.

7. Information on consumer dispute resolution (Section 36 VSBG)

The European Commission provides a platform for online dispute resolution (ODR). We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.