Conditions

 

Terms and Conditions (AGB)

Alexander Pollinger 
Fichtenstraße 2A, 82205 Gilching, Germany

1. Scope of Application

1.1 These Terms and Conditions ("T&Cs") apply to all business relationships between Alexander Pollinger, Fichtenstraße 2A, 82205 Gilching, Germany (hereinafter “Seller”) and the customer (hereinafter “Customer”), whether the Customer is a consumer (B2C) or a business (B2B).

1.2 Deviating, conflicting, or supplementary terms of the Customer shall not become part of the contract, unless expressly agreed in writing in advance.

2. Conclusion of Contract

2.1 The product presentation in the online shop does not constitute a legally binding offer but rather a non-binding invitation to order.

2.2 By completing the checkout process, the Customer submits a binding offer. The Seller may accept this offer by order confirmation (e-mail) or by shipping the goods.

2.3 For any order involving confidential projects, military-related applications, or special developments, a Non-Disclosure Agreement (NDA) must be explicitly requested prior to placing the order. NDAs requested after an order has been placed are not valid and will not be accepted.

3. Special Terms for Non-Disclosure Agreements (NDAs)

3.1 If the Customer requires an NDA, this must be negotiated and signed before the order.

3.2 Once an NDA is concluded, the pricing conditions in the online shop no longer apply. Instead, exclusive license terms and individually agreed prices apply.

3.3 Any order placed without prior NDA is considered a standard order under normal shop conditions. The Customer cannot retroactively request NDA protection.

4. Prices and Payment

4.1 All prices displayed in the shop are gross prices (including VAT for B2C customers within the EU). For B2B customers with a valid VAT ID (outside Germany, within EU), VAT may not be charged according to EU reverse charge regulations.

4.2 Payment options are displayed during checkout. Payment must be made in full before shipment.

5. Delivery and Delivery Times

5.1 Delivery is available worldwide, unless restricted by law (e.g. export restrictions).

5.2 The shop displays three types of delivery times depending on product availability (e.g. in stock, made-to-order, or pre-order).

5.3 These delivery times are indicative. Delays may occur due to production, logistics, or customs. The Seller shall not be liable for delays beyond his reasonable control.

5.4 Partial deliveries are permitted if reasonable.

6. Transfer of Risk

6.1 For consumers (B2C): The risk of accidental loss passes to the Customer once the goods are delivered.
6.2 For business customers (B2B): The risk passes to the Customer once the goods are handed over to the carrier.

7. Right of Withdrawal (B2C only)

7.1 Consumers (B2C) have a statutory right of withdrawal within 14 days of receiving the goods.

7.2 To exercise the right of withdrawal, the Customer must notify the Seller in writing (e-mail or letter) within the withdrawal period.

7.3 Return costs must be borne by the Customer.

7.4 Goods must be returned unused, undamaged, and in their original condition. Items that have been assembled, modified, or used are excluded from return.

7.5 Business customers (B2B) are excluded from the right of withdrawal.

8. Warranties and Liability

8.1 Statutory warranty rights apply to consumers.

8.2 For B2B customers, the warranty period is limited to 12 months.

8.3 The Seller shall not be liable for damages resulting from:

  • improper use, assembly, or modification,

  • operation beyond design specifications,

  • use in prohibited or military contexts without explicit agreement,

  • indirect, incidental, or consequential damages (loss of profit, production downtime, etc.).

8.4 Liability for intent and gross negligence remains unaffected.

9. Intellectual Property and Licensing

9.1 All designs, CAD files, product developments, and other intellectual property remain the exclusive property of the Seller.

9.2 Unless explicitly agreed otherwise, Customers receive only a non-exclusive, non-transferable right of use for the purchased product.

9.3 If an NDA and exclusive license agreement is concluded, separate conditions and prices apply.

10. Confidentiality

10.1 Orders placed without prior NDA are considered non-confidential.

10.2 If a valid NDA is signed before the order, both parties are bound to confidentiality regarding the specified scope.

10.3 Retroactive confidentiality obligations cannot be demanded.

11. Export Control

11.1 The Customer is responsible for ensuring that ordered goods are not used in violation of applicable export laws or sanctions.

11.2 The Seller reserves the right to cancel any order suspected of breaching such regulations.

12. Governing Law and Jurisdiction

12.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 For business customers (B2B), exclusive place of jurisdiction is Munich, Germany.
12.3 For consumers, the statutory jurisdiction applies.

13. Final Provisions

13.1 If any provision of these Terms is found to be invalid, the remaining provisions remain unaffected.

13.2 The contract language is English.