General Terms and Conditions

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Packteam24.de Power GmbH (hereinafter "Seller") apply to all contracts concluded between an entrepreneur (hereinafter "Customer") and the Seller regarding goods and/or services offered in the Seller's online shop.

1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3 The subject of the contract may, according to the product description of the Seller, be both the purchase of goods by way of one-time delivery and the purchase of goods by way of continuous delivery (hereinafter "subscription contract").

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer's offer within five days by:

• Sending a written order confirmation
• Delivering the ordered goods to the Customer
• Requesting payment after placing the order

2.4 The Customer must ensure that the email address provided is correct and that receipt of emails is technically ensured.

3) Right of Withdrawal

No statutory right of withdrawal exists, as the offer is directed exclusively at entrepreneurs. Voluntary return policies do not apply unless expressly provided in § 5b (DOA / RMA) or legally required.

4) Prices and Payment Terms

4.1 All prices are net prices plus statutory VAT and any shipping and handling costs.

4.2 Remuneration for SaaS subscriptions is payable in advance for the selected billing period (monthly or annual). Hardware orders are also payable in advance.

4.3 Currently, the Seller only accepts payment by bank transfer (prepayment). Additional payment methods may be offered in the future.

4.4 Provision or shipping only takes place after payment has been received in the Seller's account.

4a) Provisioning SLA

After receipt of payment, the Seller sets up the tenant (subdomain) and provides admin access within 48 business hours.

4b) Electronic Invoices

The Seller can create and receive electronic B2B invoices in accordance with the EN 16931 standard in XRechnung and ZUGFeRD formats.

4c) Service Level and Availability (SaaS)

4c.1 The target availability of the SaaS platform is 99.5% per calendar month. Excluded are: announced maintenance windows, force majeure, disruptions at third-party providers, circumstances within the Customer's responsibility.

4c.2 Planned maintenance work will be announced with at least 24 hours' notice where possible.

4c.3 Service Credits: If the target availability is not met, the Customer receives service credits (e.g., 5% per commenced 60 minutes of unavailability, max. 25%).

5) Delivery and Shipping Terms

5a) Shipping within the EU; shipping costs at checkout (DE: €25; EU: €45; free from €1,000). In B2B transactions, risk passes upon handover to the carrier.

5b) Warranty and RMA (B2B)

• Kiosk terminals (e.g., K101H): 24 months
• Accessories: 3 months
• Battery: 12 months

DOA (Dead on Arrival): Defects reported within 14 days of delivery and documented entitle to replacement or repair at the Seller's discretion.

5c) Delivered NFC tags are consumables. After opening the packaging, there is no right of return.

6) Contract Duration and Termination of Subscription Contracts

6.1 The contract is concluded for an indefinite period and automatically renews for the selected billing period.

6.2 Termination is possible at the end of the already paid billing period.

6.3 Renewal invoices are issued in advance. The reminder cycle may include T-14/T-7/T-3/T-1.

6.4 Blocking on payment delay: If payment is not received on time, access may be automatically blocked.

6.5 SaaS licenses are sold in packages of 10 users each.

6.6 The right to extraordinary termination for good cause remains unaffected.

6a) Customer Obligations (Cooperation and Security)

• Use of strong passwords and activation of MFA
• Limitation of administrator rights to the necessary minimum
• Keeping system environments up to date
• Immediate reporting of disruptions/incidents
• Appropriate data backup

7) Retention of Title

If the Seller provides advance performance, they reserve ownership of the delivered goods until full payment of the purchase price owed.

8) Warranty

8.1 The statutory warranty law applies with the following modifications for B2B transactions:

8.2 For entrepreneurs:

• The Seller has the choice of the type of subsequent performance
• For new goods, the limitation period for warranty claims is one year
• For used goods, rights and claims for defects are excluded

8.5 If the Customer is a merchant within the meaning of the HGB, they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB.

9) Liability

9.1 The Seller is liable to the Customer:

• Unlimited in case of intent or gross negligence
• Unlimited in case of injury to life, body, or health
• Unlimited under mandatory statutory provisions
• To the extent of any expressly given warranty

9.2 In case of simple negligence in the breach of essential contractual obligations, liability is limited to foreseeable, typically contract-related damages, but not exceeding €25,000.

9.3 Liability for lost profits, indirect and/or consequential damages is excluded.

10) Applicable Law

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contract language is German.

11) Jurisdiction

The place of jurisdiction for merchants is Hamburg. If the Customer has its registered office outside the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction.

12) Alternative Dispute Resolution

The Seller is not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.

13) Data Protection and Order Processing

If the Seller processes personal data on behalf of the Customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR before the start of processing.

Copyright notice: These GTC were created by the IT law specialists of IT-Recht Kanzlei (https://www.it-recht-kanzlei.de).

As of: 04.10.2025