General Terms and Conditions (GTC) of Easy-Tecs GmbH

for private (B2C) and business (B2B) customers

General Terms and Conditions (GTC) of Easy-Tecs GmbH for private (B2C) and business customers (B2B)

1. General Information and Scope of Application

1.1. These GTC apply to all purchases made via the online shop easy-tecs.de , unless it is expressly stated in the provisions that parts of these GTC are not to apply to the respective contract.

1.2. Where these GTC refer to ‘consumers’, this means, in accordance with the statutory provisions (Section 13 of the German Civil Code (BGB)), natural persons for whom the purpose of the order cannot be predominantly attributed to a commercial or self-employed professional activity. In Austria, legal entities may also be consumers. Entrepreneurs are, in accordance with the statutory provisions (§ 14 BGB), natural or legal persons or partnerships with legal capacity who, when entering into a legal transaction, act in the course of their commercial or self-employed professional activity. Customers within the meaning of these General Terms and Conditions are both consumers and business customers. Business customers are exclusively business customers.

1.3. Business customers’ terms and conditions shall not apply, even if we do not specifically object to their validity in individual cases.

1.4. Where time limits are specified as working days, this refers to all weekdays with the exception of Saturdays, Sundays and public holidays at our registered office.

2. Contractual partner and contact details

2.1. The contracting party for purchases made via the online shop easy-tecs.de is Easy-Tecs GmbH, Am Vogelherd 92a, 98693 Ilmenau, represented by the managing director Dipl.-Kfm. (FH) Christoph Hofer, info@easy-tecs.de.

2.2. easy-tecs.de is an online shop specialising in the B2B and B2C sale of storage solutions such as NAS systems and hard drives, as well as related services.

3. Conclusion of Contract

3.1. The presentation of goods in our online shop does not constitute an offer to conclude a contract of sale.

3.2. By clicking on the ‘Place order with obligation to pay’ button, you are submitting an offer to conclude a contract of sale for the products in your shopping basket or to conclude a service contract for the services contained in the shopping basket . By submitting your offer, you agree to be bound by these Terms and Conditions. Our promotional offers are subject to change, unless they form part of a contractual agreement. We will confirm receipt of your order immediately by email. This confirmation does not constitute acceptance of your offer. 3.3.

3.3. The contract is only concluded once we have expressly or impliedly declared our acceptance of the contract, in particular by dispatching the ordered goods. Should it not be possible to deliver the goods you have ordered, for example because the relevant goods are out of stock, we shall refrain from issuing a declaration of acceptance. In this case, no contract shall be concluded. We shall inform you of this without delay.

3.4. Should it not be possible to deliver the goods you have ordered, for example due to a pricing error, we shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded. We will inform you of this without delay. Furthermore, the sending of an automatic payment request by third-party providers, such as PayPal or Sofortüberweisung.de, does not in itself constitute automatic acceptance of your offer.

3.5. You are bound by your order for a maximum of 3 working days.

3.6. The contract language is German.

4. Prices, due date, terms of payment, default

4.1. Our prices include statutory VAT. The price is due upon conclusion of the contract, unless a later date is specified in the payment terms set out below.

4.2. You may choose from the following payment options when placing an order via our online shop. Please also note our payment terms, which you can access via this link .

4.2.1. Prepayment: You will receive our bank details in the order confirmation email. Please transfer the total amount, quoting the order number as the reference. As soon as the amount has been account (1 to 3 days depending on the bank), we will dispatch the goods on the same day. With this payment method, we must wait for the actual receipt of the funds. If you require the goods urgently, please select a different payment method.

4.2.1.1. For payment in advance, we offer a 1 per cent discount on the invoice amount.

4.2.1.2. We do not reserve items in the case of payment in advance. The goods are only definitively reserved once payment has been received. If your payment is delayed, this may result in delivery delays.

4.2.1.3. Should we decide not to accept your order, we undertake to refund your advance payment without delay.

4.2.2. Credit card payment: At the end of the ordering process, you pay by Visa or Mastercard. Once the transaction has been authorised by your credit card issuer, we will deliver within the delivery time specified for the item. Your credit card will be charged upon completion of the order. Deliveries can only be made to the address of the cardholder.

4.2.3. Direct debit (Germany only): Payment by direct debit is currently only possible via a PayPal account.

4.2.4. PayPal: You pay the invoice amount via the online payment provider PayPal. You must be registered with them or first register, authenticate yourself using your login details and confirm the payment instruction to us. Further instructions on how to access the payment provider’s page will be provided during the ordering process.

4.2.5. Instant bank transfer with Klarna: To pay by instant bank transfer, you will need your online banking details. After completing the order process, you will be redirected to the payment service provider’s website. There, you select your country and your bank and then log in using your online banking details. The transfer process then takes place. We receive a notification immediately upon completion of the transaction and dispatch the goods.

4.2.6. Purchase on account (for public institutions and businesses only): We supply public institutions in Germany (government bodies, schools, universities, institutes, clinics) and business customers on account.

4.2.7. eps: If you select the eps payment option, you will be redirected to a list of participating Austrian banks. After selecting your bank, you will be redirected to the login page for your respective online banking service. Once you have logged in, you can complete the payment as usual via online banking by entering a TAN. You will then receive an electronic order confirmation.

4.2.8: iDEAL: If you select iDEAL as your payment option, you must select your bank from a list. You will then be redirected by iDEAL to your bank’s website, where you can complete the payment. We will then immediately receive notification of the payment and can arrange for the goods to be dispatched.

4.3. For information on delivery charges, please refer to our delivery information, which you can access by clicking on this link .

4.4. You shall bear the costs of any chargeback arising because you have provided incorrect payment details, whether intentionally or through negligence .

4.5. Business customers have no right of set-off or retention unless the counter-claim is undisputed or has been legally established.

4.6. In the event that you are in default, we reserve the right to charge you, in accordance with Section 288(1) of the German Civil Code (BGB), default interest at a rate of 5 percentage points above the base rate, as well as the costs (postage, materials) for the second and all subsequent postal reminder letters. You retain the right to prove that the loss incurred was less. We would like to point out to business customers that, in the event of default, we reserve the right, in accordance with Section 288(2) of the German Civil Code (BGB), to charge default interest at a rate of 9 percentage points above the base rate and, pursuant to Section 288(5) of the German Civil Code (BGB), a flat-rate fee of 40 euros .

5. Consumer right of withdrawal

5.1. Consumers have the right to withdraw from the contract within fourteen days without giving any reason.

5.1.1. In the case of a contract of sale, the withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the goods.

5.1.2. In the case of a contract covering several items which you have ordered as part of a single order and which are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party nominated by you, who is not the carrier, took possession of the last item

5.1.3. In the case of a contract for the supply of goods in several partial consignments or items, the withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial consignment or the last item.

5.1.4. In the case of a contract for the provision of services or a contract for the supply of digital content not supplied on a tangible medium, the withdrawal period is fourteen days from the date the contract is concluded.

5.2. To exercise your right of withdrawal, you must inform us (Easy-Tecs GmbH, Am Vogelherd 92a, 98693 Ilmenau, Tel. 08086 3519890, info@easy-tecs.de) by means of a clear statement (e.g. a letter sent by post or an email) informing us of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory .

5.3. To meet the withdrawal deadline, it is sufficient for you to dispatch the notification of your exercise of the right of withdrawal before the withdrawal period expires .

5.4. There is no right of withdrawal in the cases specified in Section 312g(2) of the German Civil Code (BGB) . We draw your attention in particular to Section 312g(2)(6) of the BGB. Accordingly, there is no right of withdrawal for contracts for the supply of computer software in a sealed package if the seal has been broken after delivery.

5.5. If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a different method of delivery to the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. We will We will make this refund using the same payment method that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees in connection with this refund.

5.6. We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier of the two.

5.7. You shall bear the direct costs of returning the goods.

5.8. The goods must be returned to the following address:

ZweiPunkt Central Warehouse

c/o Easy-Tecs GmbH

Am Vogelherd 92a

98693 Ilmenau

5.9. You will only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods beyond what is necessary to ascertain their nature, characteristics and functioning.

5.10. If you wish to withdraw from the contract, you may complete the form below and return it to us:

To

Easy-Tecs GmbH

Am Vogelherd 92a

98693 Ilmenau

I/we (*) hereby withdraw from 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 the consumer(s): _________________

Address of the consumer(s): _________________

Signature of the consumer(s) (only if notified in writing): _________________

Date: _________________

(*) Delete as appropriate.

6. Return of goods and restocking fee for business customers

6.1. Business customers have no right of withdrawal. The following provisions relate exclusively to the return of goods free from defects .

6.2. Business customers have no legal entitlement to the return of delivered goods free from defects. Returns are always made on a voluntary basis and are subject to the conditions set out below. Upon receipt of the goods, you may, within 4 weeks, submit a written return request to the general email address.

6.3. Should you receive confirmation of acceptance of the return from us, please use outer packaging to protect the goods and note on it the reference number, which we will provide you with after reviewing your request . Please return the goods (including standard accessories) in an outer carton, together with a copy of the invoice, within 5 working days of receiving confirmation of acceptance of the return. The goods must have arrived at our premises by this time.

6.4. In the event of a return, we will charge a restocking fee. This is based on the actual condition of the goods. The deduction from the value of the goods is:

- for goods in their original packaging, at least 15 per cent

- for goods with opened packaging, at least 25 per cent

- for goods with opened packaging and/or which have been used and/or where accessories are missing, at least 40 per cent.

6.4.1 Goods are deemed to be used if they have been used in a manner that goes beyond what is necessary for testing functionality and checking for defects.

6.4.2. The figures provided are indicative. The decisive factor is always the actual condition of the goods. Should the restocking fee change following an assessment of the goods by our service provider, we reserve the right to pass on the revised deduction to you.

6.5. By returning the goods to us, you agree to this returns policy.

7. Retention of title, processing clause, time and place of performance, terms of delivery

7.1. We retain title to the goods until full payment has been made in accordance with the contract.

7.2.1. In commercial transactions, the goods may be resold by business customers only in the ordinary course of business. We reserve the right to We reserve the right to revoke the above consent to the resale of goods delivered subject to retention of title, and, in the event of default in payment, to withdraw from the contract and demand the return of the goods. Claims arising from the resale of goods subject to retention of title are assigned to us to secure our claims. Business customers remain authorised to collect these claims even after the assignment. Our right to collect the claims ourselves remains unaffected. We undertake not to collect the claims as long as the business customer meets their payment obligations and is not in default of payment. In the event of conduct in breach of the contract, in particular in the event of default, we may demand that the business customer disclose the assignment and provide us with the information and documents necessary for the collection of the claims. Business customers must inform us immediately in the event of any attachment made against goods subject to retention of title. We undertake to release the security to which we are entitled at the request of the business customer to the extent that the value of our security exceeds the claim to be secured by more than 10 per cent .

7.2.2. If the delivered goods subject to retention of title are processed by a business customer, such processing shall be carried out in our name and on our behalf. We shall acquire co-ownership of the new item in the proportion of the value of the goods subject to retention of title to the other processed items at the time of processing. The business customer shall hold the co-ownership thus created in safekeeping for us free of charge.

7.3. If the delivery status is stated as ‘immediately available’, the delivery time is 1 to 3 working days after receipt of payment. In all other respects, the delivery time is determined by the specific circumstances of the contract, in particular the delivery status of the goods. The delivery time corresponds to the performance period. The place of performance is Ilmenau.

7.4. If additional costs arise in connection with delivery to a third country (non-EU country), e.g. due to customs duties or import VAT, these shall be borne by the customer.

8. Warranty and liability for defects

8.1. For contracts of sale concluded via this website, the statutory warranty provisions of Sections 434 et seq. of the German Civil Code (BGB) apply. You may, in accordance with the statutory provisions, demand rectification free of charge, withdraw from the contract or claim a reduction in the purchase price. If you have suffered damage as a result of the defective performance, you may also claim compensation for damages or reimbursement for loss of use. Consumers, as contracting parties, have the choice as to whether, in the event of a defect, subsequent performance is to take the form of rectification of the defect or a replacement delivery. We are entitled, where specific conditions laid down by law are met, to refuse the chosen remedy, in particular if this is only possible at disproportionate cost and the other form of remedy does not entail any significant disadvantages for the contracting party. In the case of contracts with businesses, the form of remedy shall be at our discretion. If we are unwilling or unable to remedy the defect or provide a replacement, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the remedy of the defect or replacement fails in any other way, you are entitled, at entitled, at your discretion, to demand a corresponding reduction in the purchase price or to withdraw from the contract. Withdrawal and claims for damages in lieu of the entire performance are also excluded if the defect only insignificantly reduces the value or suitability of the purchased item or the work.

8.2. For consumers, the statutory warranty period of two years applies. Warranty claims by businesses are limited to a period of one year from the date of delivery.

8.3. Businesses must give written notice of obvious defects without delay, but at the latest within 14 days of receipt of the goods. In the event of the discovery of non-obvious defects, the obligation to give notice without delay applies, at the latest within 14 days of the defect being discovered. To preserve the purchaser’s rights, it is sufficient to dispatch the notice in good time. Otherwise, the goods shall be deemed to have been accepted, even in view of the respective defect. Timely dispatch is sufficient to meet the deadline. For traders, Section 377 of the German Commercial Code (HGB) applies in addition.

8.4. The following are expressly excluded from any limitations or exclusions of warranty liability set out in the provisions above under 8.2. and 8.3.: claims for damages arising from injury to life, limb or health resulting from a breach of duty for which we are responsible, as well as claims for damages for other losses resulting from an intentional or grossly negligent breach of duty on our part. For the claims excluded above, the statutory limitation period of 2 years shall apply. Restrictions or exclusions of warranty claims as a whole shall not apply in the event that we have given a guarantee of quality or have fraudulently concealed a defect within the meaning of Section 444 of the German Civil Code (BGB). Any manufacturer’s warranty also remains unaffected. Furthermore, the provision of Section 478 of the German Civil Code (BGB) regarding the dealer’s right of recourse against their own supplier in the sale of newly manufactured goods to a consumer remains unaffected. Insofar as our liability is excluded or limited, or where exceptions to this are set out above, this shall also apply to the personal liability of our employees, staff, legal representatives and vicarious agents.

9. Other liability

9.1. In all cases not covered by clause 8, we shall be liable for damages arising from injury to life, limb or health resulting from an intentional or negligent breach of duty by our legal representatives or vicarious agents. Furthermore, we shall be liable for other damages arising from an intentional or grossly negligent breach of duty by our legal representatives or vicarious agents, provided that the amount of such liability is limited to the damages that were foreseeable at the time the contract was concluded and are typical of the contract. 9.2.

9.2. Otherwise, we shall not be liable for damages which are atypical for the contract and unforeseeable and which arise from a breach of duty due to slight negligence on the part of our legal representatives or vicarious agents.

10. Data Protection

We may only process and store data relating to the respective contracts in accordance with the applicable statutory provisions. Further details are set out in the Privacy Policy available on our website.

11. Online Dispute Resolution and Consumer Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

12. Applicable law, jurisdiction

12.1. The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with us. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental conventions, even after their incorporation into German law, shall not apply. This choice of law ensures that customers habitually resident in one of the EU Member States or Switzerland are not deprived of the protection afforded by mandatory provisions of the law of that state.

12.2. In business dealings with traders and legal entities under public law, our registered office is agreed as the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their terms, including actions relating to bills of exchange and cheques. In such cases, we are also entitled to bring proceedings at any other court with jurisdiction under the law. Any exclusive place of jurisdiction shall remain unaffected by the foregoing provision.

13. Severability clause

Should any individual provisions of these general terms and conditions be wholly or partially invalid, or should they subsequently cease to be valid, this shall not affect the validity of the general terms and conditions in other respects. The invalid provisions shall be replaced by the statutory provisions. The same applies insofar as these General Terms and Conditions contain an unforeseen omission.

Date: 1 February 2025

Easy-Tecs GmbH
Am Vogelherd 92a
DE - 98693 Ilmenau

Managing Director: Christoph Hofer
VAT number: DE254491660
Company Register No.: 522259
Jena Local Court, Rathenaustraße 13, 07745 Jena