GENERAL TERMS AND CONDITIONS

1 Scope of application and definitions

1.1 The following General Terms and Conditions (hereinafter referred to as "GTC" ) apply to all business relationships between the

rhinopaq GmbH
Schornstraße 5
45128 Essen
Phone: +49 (0) 151 236 93803
E-mail: rhinopaq
Internet: rhinopaq
VAT ID: DE363224711
Represented by: Diefenbach, Marc & Thesing, Matthias

(hereinafter referred to gender-neutrally as "Seller" ) and the customers (hereinafter referred to gender-neutrally as "Buyer", jointly also referred to as "Parties" ) of the Seller.

1.2 These GTC apply exclusively if the buyer is an entrepreneur. According to § 14 BGB (German Civil Code), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. In contrast, a consumer pursuant to Section 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

1.3 Entrepreneurs within the meaning of these GTC are also authorities, corporations, institutions, foundations, legal entities under public law or a special fund under public law that act exclusively under private law when concluding the contract.

1.4 The Seller's General Terms and Conditions shall apply exclusively. If the Buyer uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they shall only become part of the contract if the Seller has expressly agreed to them.

1.5 Unless otherwise agreed between the parties, these GTC shall also apply to the Buyer in the version valid at the time of the Buyer's order or in any case in the version last communicated to the Buyer in text form as a framework agreement for similar future contracts, without the Seller having to refer to them again in each individual case. Individual framework agreements or other contracts concluded with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence and shall merely be supplemented by these GTC. Framework agreements or other contracts shall be supplemented by these GTC unless individual provisions are made in individual cases.

2. subject matter of the contract

2.1 The subject matter of the contract is the sale or transfer, including delivery, of the reusable packaging offered by the Seller via its online store (hereinafter referred to as "Products" ) exclusively to a Buyer (entrepreneur) within the meaning of Sections 1.2. and 1.3. in electronic form, granting the rights of use regulated in more detail in Section 7. of these GTC.

2.2 Other services, such as installation, configuration and support services (hereinafter referred to as "services" ) and individual training courses (hereinafter referred to as "training courses" ) may also be included in the contract. The content of the services and training courses shall be agreed separately with the Buyer.

2.3 These GTC apply accordingly to contracts for the provision of promotional vouchers including a voucher code (hereinafter referred to as "vouchers" ), unless otherwise expressly regulated in these GTC or otherwise agreed between the parties.

3. conclusion of contract

3.1 The presentation and advertising of products, services and/or training courses in the seller's online store do not constitute a binding offer on the part of the seller to conclude a purchase contract, but serve to submit a binding offer by the buyer to conclude a purchase contract.

3.2 By placing the selected products, services and/or training courses in the Seller's virtual shopping cart and then completing the integrated online order form, the Buyer initially submits a non-binding offer. By clicking on the "Order with costs" button, the Buyer places a legally binding order (offer) to purchase the products, services and/or training courses contained in the virtual shopping cart. Before sending his legally binding order, the buyer can view and change his entries at any time using the usual keyboard and mouse functions. However, the buyer can only submit and transmit his acceptance of the contract if he accepts these contractual terms and conditions by clicking on the GTC checkbox ("I hereby confirm that I have read the General Terms and Conditions and accept them.").

3.3 The Seller shall send the Buyer an automatic confirmation e-mail immediately after his order, in which the Buyer's order is listed again and which the Buyer can print out using the "Print" function. The automatic confirmation e-mail merely documents that the seller has received the buyer's order. Such a confirmation does not constitute a binding acceptance of the order, unless acceptance is declared in addition to the confirmation of receipt.

3.4 A contract is only concluded when the Seller accepts the Buyer's order (offer) in writing within five (5) days,

by sending the buyer a declaration of acceptance (e.g. order confirmation) in writing or text form (by e-mail, fax or a letter sent by post) and the decisive time is the receipt of the declaration of acceptance by the buyer, or
by delivering the ordered goods to the buyer and the relevant time is the receipt of the goods by the buyer, or
by the seller requesting payment from the buyer after the order has been placed.

If several of the aforementioned variants exist, the alternative that occurred first is decisive for the conclusion of the contract. If the seller does not accept the buyer's offer within the aforementioned period, this shall be deemed a rejection of the offer and the buyer shall no longer be bound by his declaration of intent.

3.5 The time of conclusion of the contract between the parties depends on the method of payment chosen by the buyer:

3.5.1 If the payment method "Stripe" is selected, payment shall be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe" ) in accordance with the Stripe Terms of Use, which can be viewed at https://stripe.com/de/payments/payment-methods-guide#zahlungsarten, https://stripe.com/de/legal or https://stripe.com/payment-terms/legal. Within the framework of the payment provider Stripe, the seller offers the payment methods specified there. After entering his payment data and selecting the desired payment method, the buyer also confirms a payment order to Stripe by clicking the button that concludes the booking process. After confirming the payment instruction, the seller requests Stripe to initiate the payment transaction and accepts the buyer's offer if the button completing the booking process is clicked.

3.6 The Seller shall store the contractual provisions, including the GTC, upon conclusion of the contract in compliance with data protection regulations and shall send them to the Buyer in text form (by e-mail) after the Buyer's order has been sent.

3.7 The buyer can set up a user account in the seller's online store. The order data and the contract text are not stored in the seller's system and can no longer be viewed and retrieved by the buyer via the user account for security reasons.

3.8 The contract shall be concluded exclusively in German.

3.9 The buyer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the Buyer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3.10. If the parties have agreed special terms and conditions, these shall not apply to current and future contractual relationships with the Buyer.

4. provision of products and obligations to cooperate

4.1 In the pay-per-use model, the seller grants the buyer the right to use the products in accordance with the contract, including the rights required for this. In the pay-per-box model, the products become the property of the buyer.

4.2 The Buyer shall receive the ordered products either in reusable transport packaging or in shipping cartons that have already been used. If the products are provided to the Buyer in reusable transport packaging, the Buyer undertakes to return this to the Seller no later than 12 weeks after receipt of the invoice. If the Buyer fails to comply with this obligation to cooperate, the Seller reserves the right to charge for the reusable transport packaging. The following amounts will be invoiced:

Transport bag: 50 € plus VAT.
Conveyor belt: 10 € plus VAT.

4.3 The Buyer must inform himself about the essential functional features of the products with regard to his needs and wishes and observe the instructions given by the Seller for their use.

5. Delivery, delivery period and delay in delivery

5.1 The delivery period and any existing delivery restrictions can be found under the link rhinopaq in the seller's online store or in the respective offer.

5.2 Unless otherwise agreed between the parties, products shall be shipped to the delivery address specified by the Buyer. The delivery address specified by the Buyer in the online store during the ordering process shall be decisive.

5.3 If the delivery of products fails for reasons for which the Buyer is responsible, the Buyer is obliged to bear the reasonable costs incurred by the Seller as a result.

5.4 If the Seller is unable to meet binding delivery deadlines for reasons for which it is not responsible (non-availability of the service), the Seller shall inform the Buyer of this immediately and at the same time inform the Buyer of the expected new delivery deadline. If the service is also not available within the new delivery period, the Seller shall be entitled to withdraw from the contract in whole or in part; the Seller shall immediately reimburse any consideration already paid by the Buyer. A case of non-availability of the service in this sense is in particular the failure of the Seller's suppliers to deliver to the Seller in good time if the Seller has concluded a congruent hedging transaction, neither the Seller nor its suppliers are at fault or the Seller is not obliged to procure in the individual case.

5.5 The occurrence of a delay in delivery by the Seller shall be determined in accordance with the statutory provisions. In any case, however, a reminder from the Buyer is required. If the Seller is in default of delivery, the Buyer may demand lump-sum compensation for the damage caused by the delay. The liquidated damages shall amount to 0.5% of the net price (delivery value) for each completed calendar week of delay, but shall not exceed a total of 5% of the delivery value of the hardware or accessories delivered late. The parties shall be entitled to prove that they have incurred no damage at all, lower damage or higher damage than the above lump sum.

5.6 The Seller is entitled to make partial deliveries insofar as this is reasonable for the Buyer. In the case of permissible partial deliveries, the Seller shall also be entitled to issue partial invoices.

5.7 Self-collection of products is possible.

5.8 The seller does not deliver to packing stations.

5.9 Tickets and/or vouchers will be made available to the purchaser by e-mail.

6. Services and training

6.1 The specific performance obligation, content and scope of the services and/or training to be provided by the Seller shall be determined exclusively by the individual agreement with the Buyer in accordance with all instructions and explanations contained therein.

6.2 The Seller shall provide the services and/or training with the greatest possible care and diligence and in accordance with generally recognized rules of technology. However, the Seller does not owe a specific success, unless the services are contractual services within the meaning of §§ 631 ff. BGB (German Civil Code). In particular, the seller does not guarantee that the buyer will achieve a specific result or that the buyer will achieve a specific performance target. This depends not least on the personal commitment and will of the buyer, over which the seller has no influence. The Seller shall take into account general process descriptions and industry standards as well as any specific provisions, methods and application practices of the Buyer, as agreed and if appropriate in the individual case. Legal or tax advice is not the subject of this contract.

6.3 The Seller is not obliged to provide the services owed by it under the contract in person. The Seller may use one or more vicarious agents to fulfill the contract. The Seller must carefully select, instruct and monitor the vicarious agents. The Seller shall be fully liable to the Buyer for the vicarious agents in accordance with Section 278 BGB. The Seller shall also oblige the vicarious agents to fulfill their obligations under this contractual agreement and, if necessary, ensure that each vicarious agent signs an agreement to maintain data secrecy and transmits this declaration to the Buyer. The Seller is solely authorized to issue instructions to the Seller's vicarious agents, unless the Buyer has statutory rights to issue instructions.

6.4 The Seller is not obliged to provide the services personally. The Seller is entitled to engage third parties as subcontractors for the provision of the object of performance.

7. Rights of use and granting of rights

7.1 Subject to full payment of the purchase price (Section 158 (1) BGB), the Seller grants the Buyer the following rights on the basis of the selected usage model.

Pay-per-use model: A non-transferable right, limited to one return shipment, to use the product as intended for business purposes. Intended use includes use as shipping packaging for suitable goods shipments and return shipment in large letter format via the Deutsche Post AG letterbox infrastructure. Returned shipments are not considered returns and grant the buyer the right to use the product again.
Pay-Per-Box model: The product becomes the property of the buyer. The buyer has the unrestricted and non-transferable right to use the product as intended for business purposes.

7.2 The Buyer is not entitled to modify the products. Modification (e.g. for repair purposes) without the Seller's consent is only possible if the Seller has not made the necessary information available to the Buyer within a reasonable period of time despite a request to do so.

7.3 The Buyer is prohibited from removing and/or altering return information, serial numbers or labels affixed by the Seller.

7.4 The Buyer undertakes to return purchased products to the Seller at the end of their useful life and not to dispose of them without authorization. The Seller shall provide the return label required for the return shipment free of charge upon request via the contact form.

7.5 The Buyer undertakes to take appropriate technical and organizational measures to ensure that the products are used as intended.

7.6 The Buyer is not entitled to lend the products to third parties for a fee or free of charge, to rent them out or to make them available in any other way for business or private purposes.

7.7 Notwithstanding clause 7.6, the Buyer is entitled to permanently transfer the products to third parties by transferring the rights of use applicable to the respective usage model. If the Buyer transfers the rights of use to a third party on a permanent basis, it must impose its contractual obligations on the third party.

7.8 If the Buyer seriously infringes the agreed rights of use, the Seller may claim damages. This requires an unsuccessful warning with a reasonable deadline set by the seller.

8. Retention of title for products

8.1 Until full payment of all current and future claims of the Seller arising from the purchase contract and an ongoing business relationship (secured claims), the Seller shall retain title to the hardware and/or accessories sold.

8.2 Products subject to retention of title may not be pledged to third parties or assigned as security before full payment of the secured claims. The Buyer must inform the Seller immediately in writing if an application is made to open insolvency proceedings or if third parties seize the products belonging to the Seller or the accessories belonging to the Seller (e.g. seizures).

8.3 If the Buyer acts in breach of contract, in particular in the event of non-payment of the purchase price due, the Seller shall be entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the products on the basis of the retention of title. The demand for return does not at the same time include a declaration of withdrawal. Rather, the seller is entitled to merely demand the return of the products and reserve the right to withdraw from the contract. If the buyer does not pay the purchase price due, the seller may only assert these rights if the seller has previously set the buyer a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions.

8.4 Until revoked in accordance with clause 8.4.3 below, the Buyer is authorized to resell and/or process the products subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.

8.4.1 The retention of title shall extend to the full value of the Seller's products resulting from the processing, mixing or combining of the products, whereby the Seller shall be deemed to be the manufacturer. If, in the event of processing, mixing or combining with products of third parties, their right of ownership remains, the Seller shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined products. In all other respects, the same shall apply to the resulting product as to the products delivered under retention of title.

8.4.2 The Buyer hereby assigns to the Seller as security any claims against third parties arising from the resale of the products or the product in total or in the amount of any co-ownership share in accordance with the above paragraph. The Seller accepts the assignment. The obligations of the Buyer stated in Section 8.2. shall also apply in consideration of the assigned claims.

8.4.3 The Buyer shall remain authorized to collect the claim in addition to the Seller. The Seller undertakes not to collect the claim as long as the Buyer meets his payment obligations to the Seller, there is no deficiency in his ability to pay and the Seller does not assert the retention of title by exercising a right in accordance with Section 8.3. If this is the case, however, the Seller may demand that the Buyer informs the Seller of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. In this case, the Seller shall also be entitled to revoke the Buyer's authorization to resell and process the hardware and/or accessories subject to retention of title.

8.4.4 If the realizable value of the securities exceeds the Seller's claims by more than 10%, the Seller shall release securities of its choice at the Buyer's request.

9. Transport damage, transfer of risk and default of acceptance

9.1 The risk of accidental loss and accidental deterioration of the products sold shall pass to the Buyer upon handover as soon as the Seller has delivered the products to the forwarding agent, carrier or other person or institution designated to carry out the shipment. This also applies if the seller bears the costs of transportation. Transport insurance shall only be taken out at the special request and for the account of the Buyer. If the Seller is responsible for assembly and installation, the risk shall pass to the Buyer upon completion of the assembly and installation work and handover. Among merchants within the meaning of § 1 HGB (German Commercial Code), the obligation to inspect and give notice of defects regulated in §§ 377, 381 HGB shall apply. If a defect is discovered during delivery, inspection or at any later point in time, the Seller must be notified of this in writing without delay. In any case, obvious defects must be reported in writing immediately after delivery and defects not recognizable during the inspection must be reported in writing within the same period after discovery. If the Buyer fails to notify the Seller of the inspection and/or defects as stipulated therein, the products shall be deemed approved, unless the defect was not recognizable during the inspection. This shall not apply if the seller has fraudulently concealed a defect.

9.2 If the Buyer is in default of acceptance, fails to cooperate or if the Seller's delivery is delayed for other reasons for which the Buyer is responsible, the Seller shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). In this case, the Seller shall charge compensation based on the price of 5% or a maximum total of 8% in the event of final non-acceptance per calendar week, beginning with the delivery deadline or - in the absence of a delivery deadline - with the notification that the hardware and/or accessories are ready for dispatch. Proof of higher damages and the Seller's statutory claims (in particular reimbursement of additional expenses, reasonable compensation, termination) shall remain unaffected; however, the lump sum shall be offset against further monetary claims. The parties shall be entitled to prove that they have incurred no damage at all, lower damage or higher damage than the above lump sum.

10. Prices and terms of payment

10.1 Unless otherwise stated in the offer descriptions in the Seller's online store, the prices quoted are in EURO and are net prices plus the statutory VAT applicable on the date of invoicing.

10.2 For the provision of the products and/or the provision of services and/or training, the Seller shall receive the price specified in the respective offer description in the Seller's online store.

10.3 An overview of the shipping options and the resulting shipping costs can also be found under the link rhinopaq The shipping costs are also displayed to the buyer on the overview page before the order is placed and must be confirmed.

10.4 If the transport company returns the shipped products to the seller because delivery to the buyer was not possible, the buyer shall bear the costs for the unsuccessful shipment. This does not apply if the Buyer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Seller had notified him of the service a reasonable time in advance.

10.5 If the Buyer's order is made by partial deliveries in accordance with clause 5.6, the Buyer shall only incur shipping costs for the first partial delivery. If the partial deliveries are made at the Buyer's request, the Seller shall charge shipping costs for each partial delivery.

10.6 The buyer can pay the purchase price at his discretion using the following payment methods:

10.6.1 As part of the "Stripe" payment service, the Seller offers the Buyer various payment methods via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe" ). The buyer is redirected from the seller's online store to the website of the online provider Stripe. The buyer can choose between different payment methods. If the "card" payment method is selected, the buyer does not need to be registered with Stripe in order to pay the purchase price. The payment transaction is carried out immediately after confirmation of the payment instruction and after the buyer has been legitimized as the legitimate cardholder by his credit card company at the request of Stripe and the buyer's credit card is charged. The buyer will receive further instructions during the order process. If the buyer chooses to pay by "Sofortüberweisung", they are automatically taken to the online banking environment of SOFORT Banking. The buyer's country and bank must be selected there. After logging in with the online banking data, select the account to be debited and confirm the instant bank transfer. Finally, you agree to the payment and you will be redirected back to the rhinopaq. If you select the "GiroPay" payment method, select the buyer's bank from the list of participating banks. Then log in with the customer data of the buyer (a transfer with giropay without online banking is not possible). In the customer's private online banking area, the details already entered for payment with giropay are checked and the payment instructed.

10.6.3 If the payment method "direct bank transfer" is selected, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date. The provision and/or delivery of the products as well as the provision of services or training shall take place after receipt of payment.

10.7 Upon expiry of the above payment deadline, the Buyer shall be in default. Interest shall be charged on the outstanding remuneration during the period of default at the applicable statutory default interest rate. The Seller reserves the right to claim further damages caused by default. The Seller's claim to commercial maturity interest (§ 353 HGB) against merchants remains unaffected.

10.8 The Buyer shall only be entitled to set-off rights if its counterclaims have been legally established or are undisputed and are mutually linked to the Seller's main claim or have been recognized by the Seller.

10.9 The Buyer shall have no right of retention unless the Buyer's counterclaim arises from the same contractual relationship and is undisputed or has been legally established. Written notification to the seller is required to assert this right.

10.10. If it becomes apparent after conclusion of the contract (e.g. through an application for the opening of insolvency proceedings) that the Seller's claim to payment is jeopardized by the Buyer's inability to pay, the Seller shall be entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract (Section 321 BGB).

11. Redeeming vouchers

11.1 The voucher must be redeemed in the input field provided for this purpose in the booking screen before the booking process is completed. It is no longer possible to redeem the voucher once the booking process has been completed.

11.2 Vouchers are issued for a specific period of validity, which the seller can issue to the buyer free of charge as part of a promotional campaign. Vouchers cannot be purchased and can only be redeemed in the seller's online store within the specified period.

11.3 The buyer can only redeem one voucher per order.

11.4 The seller has the option of excluding individual products from the voucher promotion, provided that a corresponding note is made on the voucher.

11.5 The buyer must redeem the voucher before completing the order process in the input field provided for this purpose via the seller's online store. Once the order process has been completed, it is no longer possible to redeem the voucher for the purchase made.

11.6 The value of the goods may not be less than the amount of the voucher and must therefore be at least equal to the amount of the voucher. The seller is not obliged to refund any remaining credit from the voucher to the buyer.

11.7 If the amount of the voucher is less than the value of the goods ordered, the buyer must reimburse the seller for the outstanding balance. For this purpose, the buyer can select a payment method offered by the seller in his online store.

11.8 No cash payment or interest will be made on the value of a promotional voucher.

11.9 The voucher is not transferable to third parties and can only be redeemed by the person named on the voucher. The seller can check whether the respective voucher holder is the legal owner and authorized to redeem the voucher.

12. Liability for defects and guarantees

12.1 Information on any applicable additional guarantees and their exact conditions can be found by the Buyer in the product descriptions and on special information pages in the Seller's online store.

12.2 The Seller shall be liable for material defects or defects of title in the products provided and/or delivered in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB. This shall not apply:

12.3 Furthermore, claims for defects shall not arise in the event of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment or due to special external influences that are not provided for in the contract. If improper modifications or repair work are carried out by the purchaser or third parties, no claims for defects shall exist for these and the resulting consequences, unless the purchaser can prove that the fault complained of was not caused by these modifications or repair work.

12.4 The basis of the Seller's liability for defects is above all the agreement reached on the quality of the products. All product descriptions and manufacturer's specifications that are the subject of the individual contract or were made public by the Seller in the online store or on the website at the time the contract was concluded shall be deemed to be an agreement on the quality of the products.

12.5 Insofar as the quality has not been agreed, it is to be assessed in accordance with the statutory provisions whether a defect exists or not (§ 434 Para. 1 S. 2 and 3 BGB). However, the Seller assumes no liability for public statements made by the manufacturer or other third parties (e.g. advertising statements) to which the Buyer has not drawn the Seller's attention as being decisive for the Buyer's purchase.

12.6 For new products, the limitation period for claims for defects is one (1) year from the transfer of risk.

12.7 The aforementioned limitations of liability and shortening of the limitation period shall not apply

for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the buyer,
in the event that the seller has fraudulently concealed the defect, and
for the right of recourse according to § 445a BGB.

12.8 If the products provided and/or delivered are defective, the Seller may initially choose whether to provide subsequent performance by remedying the defect (rectification) or by providing and/or delivering defect-free products (replacement delivery). Temporary solutions that remedy the defect, a different use of alternative products that is reasonable for the Buyer shall also be deemed to be rectification, provided that the contractual scope of functions is retained and the Buyer is not unreasonably disadvantaged. The seller's right to refuse subsequent performance under the statutory conditions remains unaffected.

12.9 The Seller is entitled to make the subsequent performance owed dependent on the Buyer paying the purchase price due. However, the Buyer is entitled to retain a reasonable portion of the purchase price in relation to the defect.

12.10. The Buyer shall give the Seller the time and opportunity required for the subsequent performance owed, in particular to provide or hand over the defective products for inspection purposes. In the event of a replacement delivery, the Buyer shall return the defective products to the Seller in accordance with the statutory provisions. If a replacement delivery is made as part of the liability for defects, the limitation period shall not begin again.

12.11. If the supplementary performance has taken the form of a replacement delivery, the Buyer is obliged to return the first delivered products to the Seller within 30 days. The return shipment must contain the necessary information, such as the reason for the return shipment, the Buyer's name and the return number assigned to the defective products, so that the Seller can assign the returned products. If it is not possible to assign the return shipment for reasons for which the buyer is responsible, the seller is not obliged to accept the returned products and to refund the purchase price. In this case, the costs of reshipping the products shall be borne by the buyer.

12.12. The expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs and, if applicable, removal and installation costs, shall be borne or reimbursed by the Seller in accordance with the statutory provisions if a defect actually exists. Otherwise, the Seller may demand compensation from the Buyer for the costs incurred as a result of the unjustified request to remedy the defect (in particular inspection and transport costs), unless the lack of defectiveness was not recognizable to the Buyer.

12.13. In urgent cases, e.g. if operational safety is at risk or to prevent disproportionate damage, the Buyer has the right to remedy the defect himself and to demand compensation from the Seller for the expenses objectively necessary for this purpose. The seller must be notified immediately, if possible in advance, of any such self-remedy. The right of self-remedy does not exist if the seller would be entitled to refuse a corresponding subsequent performance in accordance with the statutory provisions.

12.14. If the subsequent performance has failed or a reasonable deadline to be set by the Buyer for the subsequent performance has expired unsuccessfully or is dispensable according to the statutory provisions, the Buyer may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of withdrawal.

12.15. If the Seller delivers defect-free products for the purpose of subsequent performance, the Seller may claim compensation for use from the Buyer in accordance with Section 346 (1) BGB. Other statutory claims remain unaffected.

12.16. Claims of the Buyer for damages or reimbursement of futile expenses shall only exist in accordance with clause 14, even in the case of defects, and are otherwise excluded.

13. Liability for damages

13.1 With regard to the services provided by the Seller, the Seller, its legal representatives and vicarious agents shall only be liable in the event of intent or gross negligence.

13.2 In the event of a breach of material contractual obligations, liability shall also exist in the event of simple negligence, but shall be limited to the foreseeable damage typical for the contract.

13.3 Essential contractual obligations are those obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the buyer may regularly rely (so-called cardinal obligations). Claims for damages arising from injury to life, limb or health and under the Product Liability Act remain unaffected by the above limitations.

14.4 Any further liability of the seller is excluded.

14. Force majeure

14.1 The Seller shall be released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of force majeure circumstances after conclusion of the contract.

14.2 Force majeure circumstances include, for example, war, strikes, riots, expropriations, acts of God, pandemics, cardinal changes in the law, storms, floods and other natural disasters as well as other circumstances for which the seller is not responsible, in particular water ingress, power failures and interruptions or destruction of data-carrying lines.

14.3 The Seller shall inform the Buyer immediately in an appropriate form of the occurrence of a case of force majeure.

15. Data protection and confidentiality

15.1 The seller collects and stores the buyer's data necessary for the transaction. When processing the Buyer's personal data, the Seller shall comply with the statutory provisions. The seller is entitled to transmit this data to third parties commissioned with the execution of the order, insofar as this is necessary for the fulfillment of the contract. Further details can be found in the privacy policy available in the seller's online store.

15.2 Upon request, the buyer shall receive information about the personal data stored about him at any time.

15.3 In all other respects, the statutory data protection provisions, in particular the General Data Protection Regulation (GDPR), the new version of the German Federal Data Protection Act (BDSG-neu) and the German Telemedia Act (TMG) apply.

15.4 The Seller undertakes to maintain secrecy about all trade and business secrets of the Buyer for the duration of a training course and also after its completion.

15.5 The Buyer agrees that the following data may be collected for analysis and evaluation purposes in the pay-per-use usage model and displayed on the website by the Seller:

Date of acquisition
Name of the online store

If the buyer does not wish to be listed in the product history, he can revoke his consent at any time and without giving reasons by sending a message via the contact formrhinopaq.

16. Final provisions

16.1 These GTC and the contractual relationship between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.

16.2 If the Buyer is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of Section 14 of the German Civil Code, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the Seller's registered office in Merzig. In all cases, the Seller shall also be entitled to bring an action at the place of performance of the performance obligation in accordance with these GTC or an overriding individual agreement or at the general place of jurisdiction of the Buyer. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.

Status: 07.12.2021

Cookie	Duration	Description
_GRECAPTCHA	5 months 27 days	The Google Recaptcha service sets this cookie to identify bots and protect the website from spam attacks.
cookielawinfo-checkbox-advertisement	1 year	This cookie is set by GDPR Cookie Consent and records the user's consent to the cookies in the "Advertising" category.
cookielawinfo-checkbox-analytics	11 months	This cookie is set by the GDPR Cookie Consent plugin. The cookie is used to store the user's consent for the cookies in the "Analytics" category.
cookielawinfo-checkbox-functional	11 months	The cookie is set by the GDPR cookie consent to record the user's consent for the cookies in the "Functional" category.
cookielawinfo-checkbox-necessary	11 months	This cookie is set by the GDPR Cookie Consent plugin. The cookie is used to store the user's consent for the cookies in the "Necessary" category.
cookielawinfo-checkbox-others	11 months	This cookie is set by the GDPR Cookie Consent plugin. The cookie is used to store the user's consent for the cookies in the "Other" category.
cookielawinfo-checkbox-performance	11 months	This cookie is set by the GDPR Cookie Consent plugin. The cookie is used to store the user's consent for the cookies in the "Performance" category.
CookieLawInfoConsent	1 year	Saves the default button status of the corresponding category and the status of the CCPA. It only works in coordination with the primary cookie.
LANG	9 hours	This cookie stores the language in which the page is displayed.
rc::a	never	This cookie is set by the Google Recaptcha service to identify bots and protect the website from malicious spam attacks.
rc::c	session	This cookie is set by the Google Recaptcha service to identify bots and protect the website from malicious spam attacks.
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent Plugin and is used to store whether or not the user has consented to the use of cookies.

Cookie	Duration	Description
__cf_bm	30 minutes	Cloudflare sets this cookie to support Cloudflare Bot Management.
messagesUtk	5 months 27 days	This cookie is used to recognize visitors who contact rhinopaq via the Chatflows tool.
test_cookie	15 minutes	doubleclick.net sets this cookie to determine whether the user's browser supports cookies.

Cookie	Duration	Description
__hssc	30 minutes	HubSpot sets this cookie to track sessions and to determine whether HubSpot should increment the session number and timestamps in the __hstc cookie.
__hssrc	session	This cookie is set by Hubspot whenever it changes the session cookie. The __hssrc cookie, which is set to 1, indicates that the user has restarted the browser, and if the cookie does not exist, it is assumed to be a new session.
__hstc	5 months 27 days	Hubspot sets this cookie to track visitor interactions. It contains the domain, the original timestamp (first visit), the last timestamp (last visit), the current timestamp (this visit) and the session number (incremented for each subsequent session).
_ga	2 years	The _ga cookie, which is installed by Google Analytics, calculates visitor, session and campaign data and also tracks website usage for the website analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize individual visitors.
_ga_*	1 year 1 month 4 days	Google Analytics sets this cookie to store and count page views.
_ga_KDBFB6ZRW3	2 years	This cookie is installed by Google Analytics.
hubspotutk	5 months 27 days	HubSpot sets this cookie to track visitor interactions on this website. This cookie is passed on to HubSpot when a form is submitted and is used when contacts are deduplicated.
sbjs_current	session	Sourcebuster sets this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.
sbjs_current_add	session	Sourcebuster sets this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.
sbjs_first	session	Sourcebuster sets this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.
sbjs_first_add	session	Sourcebuster sets this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.
sbjs_migrations	session	Sourcebuster sets this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.
sbjs_session	1 hour	Sourcebuster sets this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.
sbjs_udata	session	Sourcebuster sets this cookie to identify the source of a visit and stores information about user actions in cookies. This analytical and behavioral cookie is used to improve the visitor experience on the website.