General Terms and Conditions

1) Contracting Parties

On the basis of these General Terms and Conditions (GTC), the contract is concluded between the customer and TMP-SYSTEM-SERVICE GmbH, represented by Marek Templin, Lüdersdorfer Straße 27, 36179 Bebra-Breitenbach, Germany, Tel.: +49 (0) 6622 9034997, Email: info@tmp-networks.de, Commercial Register: Bad Hersfeld, HRB: 2833, VAT ID: DE314798228 – hereinafter referred to as the “Provider”.

2) Subject Matter of the Contract

This contract governs the sale of new and used goods as well as the provision of IT services through the Provider’s online shop. The respective service and product descriptions on the offer pages are authoritative.

3) Conclusion of Contract

a) Conclusion of contract in the online shop

The offers displayed in the online shop constitute a non-binding invitation for the customer to place an order. The contract is concluded when the Provider accepts the order by sending an order confirmation by email or by delivering the goods or providing the service.

The ordering process comprises the following steps:

1. Selection of the offer in the desired specification (e.g. size, colour, quantity)

2. Adding the offer to the shopping cart

3. Clicking “Order”

4. Entering the billing address and, where applicable, delivery address

5. Selecting the payment method

6. Reviewing and, where necessary, correcting the entries

7. Clicking “Place order with obligation to pay”

8. Automated acknowledgement of receipt of the order

b) Conclusion of contract by telephone/email

Orders may also be placed by telephone or email. The contract is concluded as soon as the Provider accepts the order by order confirmation or delivers the goods or provides the service.

4) Contract Term and Termination (for recurring/ongoing services)

Where the contract concerns recurring or ongoing services, it is concluded for an indefinite period.

• Minimum contract term: 1 month

• Renewal: automatic renewal by 1 month at a time unless terminated in due time.

• Notice period: 7 days to the end of the month

• The right to extraordinary termination for good cause remains unaffected, in particular in the event of repeated breaches of material contractual obligations.

• Form of termination: in writing.

5) Retention of Title

The delivered goods remain the property of the Provider until full payment has been made.

6) Reservation of Performance / Availability

The Provider reserves the right to provide a service of equivalent quality and price where this is reasonable for the customer.

If an ordered service is unavailable, the Provider reserves the right not to provide it. The customer will be informed without undue delay.

7) Prices, Shipping Costs and Return Costs

All prices are final prices and include statutory VAT. Depending on the shipping method and delivery address, additional shipping costs may apply; these will be shown to the customer before the order is submitted.

Where a right of withdrawal exists and the customer exercises it, the customer bears the direct cost of returning the goods.

8) Payment Terms, Due Date, Default and Default Lump Sum (§ 288(5) BGB)

a) Payment methods

The customer has only the following payment options:

• Advance bank transfer

• Invoice

• Payment service provider (PayPal)

• Cash payment upon collection

Other payment methods are not offered and will be rejected.

b) Due date

Unless otherwise agreed, the invoice amount is due for payment without deduction within 14 days from the invoice date.

c) Payment default

After expiry of the above payment period, the customer is in default even without a reminder.

d) B2B default lump sum (§ 288(5) BGB)

For entrepreneurs within the meaning of § 14 BGB, the following applies: if the customer is in default after expiry of the 14-day payment period, a default lump sum of EUR 40.00 per invoice automatically becomes due in accordance with § 288(5) BGB.

The Provider reserves the right to claim further damages caused by default, such as default interest and legal enforcement costs; a lump sum owed under § 288(5) BGB will be credited where required by law.

e) Right of retention and set-off

A right of retention by the customer that is not based on the same contractual relationship is excluded. Set-off is permitted only against undisputed claims or claims that have been finally adjudicated.

9) Delivery Terms

Unless otherwise stated in the item description, the standard delivery time is 7 days.

Depending on the selected payment method, shipping generally takes place after confirmed receipt of payment for advance payment or after order confirmation. The Provider ships the order from its own warehouse as soon as the complete order is in stock, or arranges shipment by the manufacturer as soon as the complete order is available there. The customer will be informed of delays without undue delay.

10) Warranty (Liability for Defects)

For consumers, the statutory rights relating to defects under the German Civil Code (BGB) apply.

For entrepreneurs:

• for new goods: warranty period of 1 year

• for used goods: warranty excluded to the extent permitted by law

• for new goods, the Provider may choose between repair and replacement delivery within the scope of subsequent performance

For consumers, the warranty period for used goods is 1 year.

This does not affect claims for damages arising from injury to life, body or health, breach of essential contractual obligations, or gross negligence or intent. In all other respects, the statutory provisions apply.

11) Contract Documentation / Contract Text

The contract text is stored by the Provider. The customer may inspect or request the stored contract text upon request.

12) Right of Withdrawal and Withdrawal Instructions

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

Withdrawal period

The withdrawal period is fourteen days from the day,

• in the case of a purchase contract: on which you or a third party designated by you, who is not the carrier, took possession of the last goods.

• in the case of a contract for several goods ordered by the consumer as part of a single order and delivered separately: on which you or a third party designated by you, who is not the carrier, took possession of the last goods.

• in the case of a contract for the delivery of goods in several partial shipments or pieces: on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece.

• in the case of a contract for the regular delivery of goods over a fixed period: on which you or a third party designated by you, who is not the carrier, took possession of the first goods.

If several alternatives coincide, the latest applicable point in time is decisive.

Exercise of the right of withdrawal

To exercise your right of withdrawal, you must inform us (TMP-SYSTEM-SERVICE GmbH, Marek Templin, Lüdersdorfer Straße 27, 36179 Bebra-Breitenbach, Germany, Tel.: +49 (0) 6622 9034997, Email: info@tmp-networks.de) by means of a clear statement, for example a letter, fax or email, of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs except for additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us, without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires.

You bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

13) Customer Service

TMP-SYSTEM-SERVICE GmbH, Marek Templin, Lüdersdorfer Straße 27, 36179 Bebra-Breitenbach, Germany

Tel.: +49 (0) 6622 9034997

Email: info@tmp-networks.de

Opening hours: Monday to Friday, 08:00–18:00

14) Liability

Claims for damages by the customer are excluded unless otherwise specified below. This also applies to the Provider’s representatives and vicarious agents.

Excluded from this limitation are claims for damages due to:

• injury to life, body or health,

• breach of essential contractual obligations,

• grossly negligent or intentional breach of duty by the Provider, its legal representatives or vicarious agents.

15) Prohibition of Assignment and Pledging

Claims or rights of the customer against the Provider may not be assigned or pledged without the Provider’s consent unless the customer demonstrates a legitimate interest.

16) Language, Place of Jurisdiction and Applicable Law

The contract is concluded in German. The further performance of the contractual relationship takes place in German.

The law of the Federal Republic of Germany applies exclusively. For consumers, this applies only insofar as it does not restrict mandatory statutory provisions of the state in which the customer has their domicile or habitual residence.

For disputes with customers who are entrepreneurs, legal entities under public law or special funds under public law, the place of jurisdiction is the registered office of the Provider.

17) Data Protection

In connection with the initiation, conclusion, execution and reversal of a purchase contract based on these Terms and Conditions, the Provider collects, stores and processes data within the framework of statutory provisions. The Provider does not disclose the customer’s personal data to third parties unless legally obliged to do so or the customer has expressly consented in advance.

The data provided by the customer during the ordering process is processed exclusively for contact within the framework of contract execution and only for the purpose for which the customer provided the data. Data is passed on to the shipping company only to the extent necessary for delivery. Payment data is passed on to the payment service provider or financial institution responsible for the payment.

Where the Provider is subject to commercial or tax retention periods, relevant data may be stored for up to ten years. At the customer’s request, personal data will be deleted, corrected or blocked within the framework of statutory provisions. The customer may obtain information about stored personal data free of charge.

For questions and requests concerning access, deletion, correction or blocking of personal data, the customer may contact:

TMP-SYSTEM-SERVICE GmbH, Marek Templin, Lüdersdorfer Straße 27, 36179 Bebra-Breitenbach, Germany

Tel.: +49 (0) 6622 9034997

Email: info@tmp-networks.de

18) Severability Clause

The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.

Created on 4 April 2025

Authoritative Version

This English translation is provided for convenience. In case of differences or questions of interpretation, the German version is authoritative.