Terms and Conditions


Primex GmbH's General Terms and Conditions for

 

Primex GmbH

12 Senefelder Street

63456 Hanau

Germany

                                          

Email info@primex-world.com
 Phone (+49) 6181 6716 0
Commercial Register       Hanau Local Court, HRB 4385
Sales Tax ID No. DE113557735
Management Dagmar Mohaupt, Dr. Wolfgang Bochtler

 

 

As of May 2026

 

Note on the Modular Structure of These Terms and Conditions

These General Terms and Conditions are organized in a modular structure. They contain general provisions that apply to all contractual relationships with Primex GmbH, as well as specific provisions for individual customer groups and distribution channels.

Part 1 contains provisions that apply to all customers, regardless of whether the contract is concluded through the online store, by email, by phone, in writing, through a sales representative, as part of a project, or by any other means.

Part 2 contains supplementary and, in some cases, deviating special provisions for business entities as defined in § 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. These provisions apply in particular to traditional commercial transactions, project-based business, custom-made products, production, and consignment sales in commercial transactions.

Part 3 contains special provisions for consumers as defined in § 13 of the German Civil Code (BGB) and for orders placed through the online store. If a business places an order through the online store, the consumer-specific provisions of this part do not apply; in such cases, the provisions for businesses in Part 2 apply in addition.

To the extent that individual provisions expressly apply only to business customers, consumers, or online store orders, this is indicated accordingly in the respective clause. General provisions apply supplementarily, unless a more specific provision exists for a particular customer group or distribution channel. In the event of any conflict between general provisions and specific provisions for a particular customer group or distribution channel, the specific provisions shall prevail.

Individual agreements, written offers, order confirmations, project contracts, statements of work, or other individual contractual arrangements shall always take precedence over these General Terms and Conditions.

Part 1 - General Provisions for All Customers and Sales Channels

1.1 Scope, Customer Base, and Order of Precedence

1.1.1 These General Terms and Conditions apply to all offers, deliveries, services, and contractual relationships of Primex GmbH, Senefelder Str. 12, 63456 Hanau, Germany, regardless of whether the contract is concluded via the online store, by email, by telephone, in writing, through a sales representative, as part of a project, or by any other means.

1.1.2 Primex GmbH primarily supplies business customers as defined in § 14 of the German Civil Code (BGB). To the extent that contracts are concluded with consumers as defined in § 13 of the German Civil Code (BGB), the mandatory statutory consumer protection provisions shall apply in addition and take precedence.

1.1.3 Individual agreements, written offers, order confirmations, project contracts, statements of work, or special agreements take precedence over these General Terms and Conditions. In case of doubt, the order confirmation from Primex GmbH shall prevail.

1.1.4 These Terms and Conditions apply to deliveries within Germany, to other EU member states, and to third countries, provided that no mandatory legal provisions preclude this.

1.2 Offers, Conclusion of Contracts, and Contract Storage

1.2.1 Product images , catalogs, price lists, websites, online store content, presentations, samples, renderings, and other promotional materials do not constitute a legally binding offer, but rather an invitation to place an order or submit an inquiry.

1.2.2 An order placed by the customer constitutes a binding offer to enter into a contract, unless it is expressly stated to be non-binding. Acceptance by Primex GmbH shall be in writing, through an express order confirmation, through delivery, or through any other unambiguous declaration of acceptance. Upon order confirmation, the currently valid General Terms and Conditions shall be provided to the customer. For orders placed through the online store and for consumers, the terms and conditions for concluding the contract specified in the respective ordering process shall take precedence.

1.2.3 The content and scope of the contract are governed by the order confirmation or, in the case of online store orders, the order confirmation, as well as the products, quantities, prices, delivery terms, technical specifications, and other contractual elements specified therein.

1.2.4 The language of the contract is German. Translations, product information in other languages, and communications in other languages are provided for support purposes. In the event of any discrepancies, the German version shall prevail, unless mandatory consumer law provides otherwise.

1.3 Prices, Sales Tax, Payment Terms, and Creditworthiness

1.3.1 For shipments outside Germany, additional taxes, customs duties, import charges, bank fees, exchange rate costs, or other country-specific costs may apply. These costs shall be borne by the customer, unless otherwise expressly agreed and to the extent permitted by law.

1.3.2 Unless otherwise agreed, invoices are due for payment immediately and in full. The payment methods and payment terms specified in the order confirmation or in the online store shall apply.

1.3.3 If there is an increased procurement, production, or default risk associated with custom-made products, project orders, or initial orders, Primex GmbH is entitled to require a reasonable down payment, installment payment, or advance payment; the amount is determined based on the scope of the work performed in advance and the respective risk. With respect to consumers, this applies only if the payment obligation and its amount were clearly and comprehensibly stated or expressly agreed upon prior to the conclusion of the contract.

1.3.4 Primex GmbH may conduct credit checks or obtain information from credit reporting agencies, provided there is a legal basis for doing so or the customer has given consent. Details can be found in the Privacy Policy.

1.4 Product Specifications, Technical Specifications, Samples, and Tolerances

1.4.1 Product descriptions , illustrations, technical specifications, light and sound values, and dimensions are provided for descriptive purposes only and are binding only if they have been expressly agreed upon in writing or in the contract as binding characteristics. Deviations in color, surface texture, LED color temperature, brightness, lighting effect, acoustic characteristics, dimensional accuracy, or material batches that are customary in the trade or result from production processes do not constitute a defect unless they significantly impair the objective function specified in the contract. Mandatory statutory rights regarding defects remain unaffected with respect to consumers.

1.4.2 We reserve the right to make technical changes, improvements, design modifications, and production-related adjustments, provided that such changes are reasonable for the customer and do not violate any expressly agreed-upon characteristics.

1.5 Custom-Made Products, Customer-Specific Products, and Approvals

1.5.1 Custom-made products are, in particular, goods that are manufactured, cut to size, printed, configured, or customized according to customer specifications, including individual dimensions, shapes, colors, materials, finishes, technical specifications, print data, designs, logos, files, or other customer-specific requirements.

1.5.2 By approving drawings, print data, layouts, dimensional specifications, or technical specifications, the customer confirms that their content is accurate and suitable for the intended purpose, unless a separate inspection order by Primex GmbH has been expressly agreed upon. With respect to consumers, this applies only to the extent that the consumer was clearly informed of the significance of the approval prior to granting it, and provided that mandatory statutory rights remain unaffected.

1.6 Customer Data, Print Data, Content, and Third-Party Rights

1.6.1 The customer is responsible for the accuracy, completeness, technical suitability, and legality of the content, files, print data, logos, designs, dimensions, texts, and other materials provided by the customer. The customer must ensure that the use of this content is permitted under the terms of the contract and does not infringe on the rights of third parties.

1.6.2 The customer is obligated to maintain its own backup copies of the files, print data, logos, texts, designs, technical specifications, and other digital content submitted to Primex GmbH. Primex GmbH is under no obligation to permanently archive such customer data unless this has been expressly agreed upon. Primex GmbH’s liability remains unaffected in accordance with the liability provisions of these Terms and Conditions.

1.6.3 Primex GmbH is not obligated to review the content or legal compliance of materials provided by the customer prior to order fulfillment.

1.6.4 Primex GmbH may reject orders or suspend processing if there are concrete indications of illegal content, infringements of rights, export bans, or other legal obstacles. If the contract has already been concluded, Primex GmbH may withdraw from or terminate the contract in accordance with statutory provisions if continuing the contract would be unreasonable for Primex GmbH.

1.7 Delivery, Partial Deliveries, Shipping, and International Deliveries

1.7.1 Deliveries are made within Germany, within the European Union, and internationally as agreed, subject to restrictions under export, customs, sanctions, and product safety laws.

1.7.2 Delivery periods shall begin no earlier than after all technical and commercial details have been fully clarified, the necessary documents have been received, approvals have been granted, agreed-upon advance payments have been made, and the order has been confirmed.

1.7.3 Delivery dates are binding only if they have been expressly confirmed as such. Non-binding delivery estimates are provided for informational purposes only.

1.7.4 Requests for changes initiated by the customer and for which the customer is responsible, a lack of cooperation, delayed approvals, or subsequent project changes may reasonably affect delivery times and prices.

1.7.5 Unless otherwise expressly agreed, delivery is made curbside (i.e., at ground level in front of the specified delivery address; transport into the building or to a specific floor is not required). The customer shall ensure that delivery to the agreed-upon location is possible without any particular obstacles; the customer shall bear any additional costs resulting from difficult delivery conditions, lack of access, or improper acceptance facilities, provided that Primex GmbH is not responsible for such circumstances. Assembly, installation, connection, wiring, or setup are only required if they have been expressly agreed upon. For shipments via a freight forwarder, the contracted freight forwarder may contact the customer to arrange a delivery date. With respect to consumers, this applies only to the extent that the consumer was clearly informed of the delivery terms and any additional costs prior to the conclusion of the contract, or if the additional costs result from circumstances for which the consumer is responsible after the conclusion of the contract.

1.8 Self-Supply, Force Majeure, and Delivery Delays

1.8.1 Obligations to deliver goods and provide services are subject to the condition that Primex GmbH itself receives proper and timely delivery, provided that a corresponding offsetting transaction exists and Primex GmbH is not responsible for the failure to deliver. With respect to consumers, this applies only to the extent that the statutory requirements are met and the consumer’s statutory rights—in particular, the right to rescind the contract and the right to a refund—are not restricted.

1.8.2 In the event of force majeure or disruptions in supply through no fault of the supplier, delivery and performance deadlines shall be extended by the duration of the hindrance plus a reasonable startup period. If the disruption lasts longer than six weeks, both parties are entitled to withdraw from or terminate the contract with respect to the unfulfilled portion, to the extent permitted by law; services already rendered shall be compensated accordingly. These include, in particular, supply chain disruptions, shortages of raw materials, transportation and customs delays, strikes, government measures, energy shortages, cyberattacks, IT failures, pandemics, war, sanctions, natural disasters, fire, or comparable events.

1.8.3 Primex GmbH shall promptly notify the customer of any significant delays and their expected effects.

1.8.4 Claims for damages due to delay are permitted only in accordance with statutory provisions and the liability provisions of these Terms and Conditions.

1.9 Retention of Title

1.9.1 Delivered goods remain the property of Primex GmbH until the respective purchase price has been paid in full.

1.9.2 Pledging , transfer of ownership by way of security, or other dispositions in favor of third parties are prohibited as long as the retention of title remains in effect. Primex GmbH must be notified immediately in the event of any third-party claims.

1.10 Intellectual Property, Documents, and Confidentiality

1.10.1 Primex GmbH reserves all rights of ownership, copyright, and use with respect to offers, concepts, drawings, visualizations, renderings, technical documents, plans, documentation, files, cost estimates, and other documents.

1.10.2 Documents , concepts, and technical documentation may be used solely for the purpose of fulfilling the contract. Disclosure to third parties is permitted only with the prior consent of Primex GmbH, unless mandatory law provides otherwise.

1.11 Rights in Case of Defects / Warranty

1.11.1 Claims for defects shall not apply to damage or deviations that, after the transfer of risk, are attributable to improper use, unsuitable storage, improper installation by the customer or third parties, subsequent uncoordinated modifications, or technically unsuitable specifications provided by the customer, provided that Primex GmbH is not responsible for these circumstances. Mandatory statutory rights of consumers, in particular statutory rules regarding the burden of proof, remain unaffected.

1.12 Technical Consulting, Planning, and Project Management

1.12.1 Technical recommendations, product information, planning support, lighting calculations, visualizations, simulations, renderings, or other consulting services are provided to the best of our knowledge based on the information provided by the customer. To the extent that a separate planning or consulting service has been expressly agreed upon, the scope of such service shall be governed by the respective agreement.

1.13 Liability

1.13.1 Primex GmbH shall have unlimited liability in cases of willful misconduct and gross negligence, in cases of culpable injury to life, limb, or health, under the Product Liability Act, and to the extent of any guarantees expressly assumed.

1.13.2 In the event of a breach of material contractual obligations due to slight negligence, Primex GmbH shall be liable, in accordance with statutory provisions, for foreseeable damages typical for this type of contract. Any further limitations of liability shall apply only to the extent that they are validly agreed upon in these General Terms and Conditions and are permitted by law. Mandatory statutory rights of consumers remain unaffected.

1.13.3 The limitations of liability also apply in favor of legal representatives, employees, vicarious agents, and other agents of Primex GmbH.

1.14 Data Protection

1.14.1 Primex GmbH processes personal data in accordance with the General Data Protection Regulation, the Federal Data Protection Act, and its separate privacy policy.

1.14.2 Information regarding credit checks, payment service providers, shipping service providers, contact forms, customer accounts, newsletters, cookies, and tracking must be provided in the Privacy Policy and, where applicable, in the cookie/consent banner.

1.15 Export Controls, Sanctions, Customs, and Product Safety

1.15.1 Deliveries and services are subject to applicable export control, sanctions, customs, embargo, and product safety regulations.

1.15.2 Delays resulting from required export control reviews, approvals, customs clearance, or government actions shall extend delivery deadlines accordingly, provided that Primex GmbH is not responsible for the delay.

1.16 Governing Law and Final Provisions

1.16.1 The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the country in which the consumer has his or her habitual residence.

1.16.2 If any provision of these General Terms and Conditions is or becomes invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provisions.

Part 2 - Special Provisions for Business Owners / B2B Customers

2.1 Scope, Customer Base, and Order of Precedence

2.1.1 With respect to business customers, these General Terms and Conditions also apply to future business relationships without Primex GmbH being required to refer to them again.

2.1.2 Any deviating , conflicting, or supplementary terms and conditions of the customer shall apply only if Primex GmbH has expressly agreed to their validity in writing. This shall also apply if Primex GmbH makes a delivery or performs a service while aware of such terms and conditions.

2.2 Offers, Conclusion of Contracts, and Contract Storage

2.2.1 The contractor must immediately review the order confirmation for completeness and accuracy—in particular with regard to dimensions, quantities, specifications, technical details, delivery terms, and prices—and must notify the client in writing of any obvious discrepancies within 48 hours at the latest. If such notification is not provided in a timely manner, the order confirmation shall be deemed approved, unless otherwise required by mandatory law.

2.3 Prices, Sales Tax, Payment Terms, and Creditworthiness

2.3.1 For transactions with businesses, prices are net, plus applicable sales tax, as well as packaging, shipping, insurance, customs duties, import duties, and other country-specific charges, unless otherwise agreed.

2.3.2 In the event of late payment, Primex GmbH may withhold further deliveries or services, suspend ongoing production, deliver only against advance payment, claim statutory default interest and damages for delay, and declare outstanding claims due, to the extent permitted by law.

2.3.3 The contractor may set off only those counterclaims that have been legally established, are undisputed, or have been acknowledged by Primex GmbH. Rights of retention exist only to the extent that they are based on the same contractual relationship.

2.4 Product Specifications, Technical Specifications, Samples, and Tolerances

2.4.1 The contractor is solely responsible for verifying, or having verified, the suitability of the products for their intended technical, structural, seismic, electrical, legal, and economic purposes.

2.5 Custom-Made Products, Customer-Specific Products, and Approvals

2.5.1 For custom-made products, returns, exchanges, or cancellations are not permitted after production approval, unless Primex GmbH expressly consents or a legal claim exists.

2.5.2 The contractor shall bear any additional costs and delays resulting from subsequent changes, lack of cooperation, delayed approvals, or incorrect customer data, provided that Primex GmbH is not responsible for these circumstances.

2.6 Customer Data, Print Data, Content, and Third-Party Rights

2.6.1 The Contractor shall indemnify Primex GmbH against any claims by third parties arising from a culpable breach of the obligations set forth in Section 1.6, including reasonable legal defense costs.

2.7 Delivery, Partial Deliveries, Shipping, and International Deliveries

2.7.1 Primex GmbH is entitled to make partial deliveries and issue partial invoices, provided this is reasonable for the contractor.

2.7.2 Unless otherwise agreed in writing, delivery in commercial transactions shall be made ex warehouse of Primex GmbH (FCA Primex GmbH, Hanau, Incoterms® 2020). For international deliveries, the Incoterms expressly agreed upon at the time the contract is concluded shall apply in accordance with Primex GmbH’s separate terms of delivery (Incoterms document); if no Incoterms agreement is reached, the statutory provisions or the terms of delivery specified in the offer or order confirmation shall apply.

2.8 Self-Supply, Force Majeure, and Delivery Delays

2.8.1 If an event of force majeure or a disruption in the supplier’s delivery through no fault of the supplier lasts longer than six weeks, or if performance of the contract becomes significantly more difficult or impossible, both parties are entitled to withdraw from or terminate the contract with respect to the portion not yet performed, to the extent permitted by law. Payment must be made for services already rendered.

2.9 Transfer of Risk and Damage During Transportation

2.9.1 Unless otherwise expressly agreed upon in an Incoterms clause (e.g., CPT, DAP), the risk of accidental loss or accidental deterioration shall pass to the contractor no later than upon delivery to the freight forwarder, carrier, parcel service, or other transportation service provider.

2.9.2 Any visible damage incurred during transit, incorrect deliveries, and discrepancies in quantity must be reported immediately—preferably within 48 hours—in writing, ideally accompanied by photographic evidence. The obligation to inspect and give notice of defects pursuant to § 377 HGB remains unaffected.

2.10 Retention of Title

2.10.1 The delivered goods remain the property of Primex GmbH until all claims against the buyer, including outstanding balances arising from the ongoing business relationship, have been paid in full.

2.10.2 The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business; however, the buyer hereby assigns to Primex GmbH, by way of security, the resulting receivables in the amount of the outstanding receivables. Primex GmbH accepts the assignment.

2.10.3 If the buyer processes or combines the goods subject to retention of title with other items, Primex GmbH shall acquire co-ownership in the ratio of the invoice value of the goods subject to retention of title to the value of the other processed items; the rights and obligations of the parties in this regard shall be governed by the provisions of law.

2.11 Intellectual Property, Documentation, and Confidentiality

2.11.1 The Contractor shall treat all technical, commercial, and project-related information that is not generally known as confidential. In the event of culpable unauthorized use or disclosure, Primex GmbH may demand compensation for any resulting damages.

2.12 No Right of Withdrawal for Business Customers / Returns and Cancellations

2.12.1 Business customers do not have a statutory right of withdrawal. Returns, cancellations, or goodwill arrangements require a separate agreement.

2.13 Rights in Case of Defects / Warranty

2.13.1 With respect to business customers, the statute of limitations for claims for defects in newly manufactured goods is one year from the transfer of risk, unless a longer mandatory period applies. This shortened period does not apply to claims for damages arising from willful misconduct, gross negligence, injury to life, limb, or health, under the Product Liability Act, in cases of fraudulently concealed defects, to the extent of expressly assumed warranties, or to items that have been used in a structure in accordance with their customary use and have caused the structure’s defectiveness. The statutory provisions on recourse (Sections 445a, 445b, 478 of the German Civil Code (BGB)) remain unaffected.

2.13.2 Used goods are sold to businesses with liability for defects excluded, to the extent permitted by law. This exclusion does not apply in cases of willful misconduct, gross negligence, injury to life, limb, or health, warranties, or mandatory product liability.

2.13.3 In the event of justified defects, Primex GmbH shall initially, at its discretion, provide subsequent performance by either repairing the goods or providing a replacement. If the subsequent performance fails or is unreasonable, the statutory rights shall apply.

2.14 Technical Consulting, Planning, and Project Management

2.14.1 Unless expressly agreed in writing, Primex GmbH bears no independent responsibility for architecture, structural engineering, permitting, installation, specialized planning, or project success. The contractor remains responsible for verifying the structural, static, electrical, technical, legal, and functional suitability of the products, as well as for obtaining the necessary permits, conducting competitive bidding, planning installation, ensuring on-site requirements are met, and verifying compatibility with third-party systems.

2.15 Liability

2.15.1 With respect to business customers, Primex GmbH is liable for damages resulting from a breach of material contractual obligations due to slight negligence only to the extent of foreseeable damages typical for this type of contract. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the business customer may reasonably rely.

2.15.2 Furthermore , Primex GmbH’s liability to business customers for slight negligence is excluded. To the extent permitted by law, this exclusion applies in particular to claims for consequential damages, loss of production, business interruption, lost profits, loss of use, data loss, financing costs, and reputational damage.

2.15.3 The foregoing limitations of liability do not apply in cases of willful misconduct or gross negligence, in cases of culpable injury to life, limb, or health, under the Product Liability Act, to the extent of expressly assumed warranties, or in other cases of mandatory statutory liability.

2.16 Export Controls, Sanctions, Customs, and Product Safety

2.16.1 The Contractor agrees not to resell, deliver, or use products in countries, to individuals, organizations, or for purposes that would violate export control, sanctions, or embargo regulations.

2.17 Governing Law, Jurisdiction, and Final Provisions

2.17.1 For all disputes with business entities, legal entities under public law, or special funds under public law, the exclusive place of jurisdiction shall be the registered office of Primex GmbH in Hanau, to the extent permitted by law. Primex GmbH may also bring an action against the customer at the customer’s general place of jurisdiction.

Part 3 - Special Provisions for Consumers and for Orders Placed Through the Online Store

3.1 Scope, Customer Base, and Order of Precedence

3.1.1 With respect to consumers, these General Terms and Conditions shall only become part of the contract if the consumer was made aware of them in a reasonable manner prior to the conclusion of the contract, had the opportunity to review them, and agreed to their applicability.

3.1.2 The provisions of this section apply to consumers and, to the extent they expressly refer to the online store, to orders placed through the online store. If a business places an order through the online store, the consumer-specific provisions of this section do not apply; in such cases, the provisions for businesses in Section 2 apply in addition.

3.2 Online Store Order Process, Conclusion of the Contract, and Contract Storage

3.2.1 In the online store, the customer may first add the selected products to the shopping cart without obligation and, before submitting a binding order, may review and modify their entries at any time using the correction tools provided during the ordering process. Only by clicking the order button does the customer submit a binding offer to enter into a purchase contract.

3.2.2 For orders placed through the online store, Primex GmbH accepts the customer’s offer within two business days of receiving the order, in particular through an express order acceptance or shipping confirmation, delivery of the goods, or by processing the payment transaction through the selected payment service provider, provided that this clearly constitutes a declaration of acceptance under the circumstances. The automatically generated confirmation of receipt merely documents the receipt of the order and does not in itself constitute a declaration of acceptance, unless it is expressly designated as such.

3.2.3 Consumers are asked to review the order confirmation promptly and to report any apparent errors. The consumer’s statutory rights remain unaffected by this.

3.2.4 The contract text, including order details and the Terms and Conditions, is stored in accordance with the online store’s technical capabilities and transmitted to the customer via email or in another durable medium. If the online store provides a customer account, the customer may view their orders and contract details there. Regardless of this, the customer will receive the order details and these Terms and Conditions in writing—specifically via email—after the contract is concluded. The currently valid version of the General Terms and Conditions is available on the website.

3.2.5 The language available for concluding contracts in the online store is German. Other contract languages are valid only if they are expressly offered in the online store. In the event of any discrepancies, the German version shall prevail, unless mandatory consumer protection laws provide otherwise.

3.3 Prices, Payment Methods, Payment Service Providers, and Creditworthiness

3.3.1 For consumers, prices include the statutory sales tax and exclude the shipping costs shown before the order is placed.

3.3.2 The online store offers the payment methods specified during the ordering process, in particular prepayment, credit card, PayPal, and Klarna payment methods, to the extent that these are available. When external payment service providers are used, their terms of use and payment terms also apply; the customer will be informed of these during the ordering process. Certain payment methods, particularly purchase on account or installment purchases via Klarna, may require a successful address and credit check and may be available only to specific customer groups, particularly consumers.

3.3.3 Information regarding the processing of personal data by payment service providers—particularly in connection with credit checks—can be found in the Privacy Policy and the notices provided during the ordering process.

3.3.4 In the event of late payment by consumers, the statutory provisions apply. Obligations to deliver goods or provide services may be withheld only in accordance with statutory rights.

3.4 Product Specifications, Technical Specifications, Samples, and Tolerances

3.4.1 With respect to consumers, the statutory provisions regarding the agreed-upon and objective quality of the goods apply. Consumer rights in the event of defects remain unaffected.

3.5 Custom-made products, customer-specific products, and approvals

3.5.1 For custom-made and customer-specific products, the right of withdrawal may be excluded in accordance with Section 3.11. Statutory rights regarding defects remain unaffected.

3.5.2 Additional costs resulting from subsequent requests for changes will be charged to consumers only if a clear agreement regarding such costs was reached before the change was implemented.

3.6 Customer Data, Print Data, Content, and Third-Party Rights

3.6.1 Consumers are liable under applicable law if they knowingly make unlawful content or files available.

3.7 Delivery, Partial Deliveries, Shipping, Package Lockers, and International Deliveries

3.7.1 The available countries of delivery, delivery times, and shipping methods are specified in the online store or in the individual agreement. Deliveries to other countries or using different shipping methods are only available if they are offered in the online store or agreed upon individually.

3.7.2 Partial deliveries to consumers are made only to the extent that they are reasonable; the consumer will incur additional shipping costs as a result only if expressly agreed.

3.7.3 Delivery is made via shipping to the delivery address provided during the ordering process. Pickup is only possible if it is expressly offered or agreed upon. Deliveries are not made to package lockers unless otherwise specified during the ordering process.

3.7.4 In addition to these Terms and Conditions, the shipping terms published in the online store apply; these specify, in particular, delivery times, shipping costs, shipping methods (parcel/freight), curb-side delivery, and information regarding damage during transport. With respect to consumers, the statutory rules governing delivery and the transfer of risk apply regardless of Incoterms, to the extent that mandatory consumer law applies.

3.8 Self-Supply, Force Majeure, and Delivery Delays

3.8.1 Consumers have the right to rescind the contract and claim damages in accordance with statutory provisions. Any payments already received for services not rendered will be refunded.

3.9 Transfer of Risk and Damage During Transport

3.9.1 For consumers, the risk of loss or damage does not pass to the consumer until the goods are delivered to the consumer or to a person authorized to receive them. This does not apply if the consumer has engaged the carrier directly, without Primex GmbH having designated that carrier.

3.9.2 Consumers are asked to report any visible damage caused during shipping as soon as possible so that claims against shipping providers can be secured. Failure to comply with this request does not affect statutory warranty rights.

3.10 Intellectual Property, Documents, and Confidentiality

3.10.1 Consumers may use documents and information only in accordance with applicable laws and within the scope of the agreed-upon purpose of the contract.

3.11 Right of Withdrawal for Consumers

3.11.1 Consumers are entitled to a statutory right of withdrawal for distance sales contracts and contracts concluded off the business premises, in accordance with the separate withdrawal policy.

3.11.2 The cancellation policy and the model cancellation form must be provided to the consumer in a clear and understandable form prior to the conclusion of the contract and, after the contract is concluded, on a durable medium.

3.11.3 The statutory right of withdrawal does not apply to goods that were manufactured according to customer specifications or that are clearly tailored to the consumer’s personal needs. This may be the case, in particular, with individually configured dimensions, print data, custom-cut textile stretch frames, specific lighting components, special acoustic solutions, or customer-specific material or color selections, provided that the specific product is individually manufactured or customized based on the customer’s specifications. Before placing a binding order, the consumer is expressly informed of the exclusion of the right of withdrawal during the online ordering process. Statutory rights regarding defects remain unaffected.

3.12 Rights in Case of Defects, Warranties, and Customer Service

3.12.1 Consumers are entitled to the statutory rights regarding defects. These Terms and Conditions do not limit any mandatory consumer rights.

3.12.2 To the extent that these General Terms and Conditions contain exclusions of liability for damages resulting from improper use, improper storage, incorrect installation, normal wear and tear, unauthorized modifications, incorrect customer specifications, or unsuitable operating conditions, such exclusions shall apply to consumers only if the damage is actually attributable to these causes and provided that mandatory statutory rights are not restricted.

3.12.3 Information regarding any additional warranties and their terms and conditions can be found in the respective product description, in specific warranty terms, or in the information provided in the online store. Statutory rights regarding defects remain unaffected. Customer service is available during the hours listed in the online store.

3.13 Technical Consulting, Planning, and Project Management

3.13.1 Primex GmbH is liable to consumers for errors in advice in accordance with statutory provisions, provided that such advice was required and Primex GmbH is responsible for any breaches of duty.

3.14 Liability

3.14.1 The statutory liability provisions apply to consumers. These Terms and Conditions do not limit any mandatory consumer rights.

3.15 Export Controls, Sanctions, Customs, and Product Safety

3.15.1 Deliveries to consumers are made only to countries that can be selected in the online store or that have been agreed upon individually. This is subject to statutory delivery restrictions, export control regulations, sanctions, customs regulations, and product safety regulations. Mandatory consumer rights remain unaffected.

3.16 Trusted Shops Buyer Protection

3.16.1 If a valid, certified buyer protection program through Trusted Shops is active in the online store, the customer may use it in accordance with the applicable Trusted Shops buyer protection terms and conditions. Details and the current certification status can be found in the information displayed in the store (Trustbadge) and the terms and conditions linked there.

3.17 Consumer Dispute Resolution

3.17.1 Primex GmbH is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless required to do so by law.

3.18 Governing Law, Jurisdiction, and Final Provisions

3.18.1 With respect to consumers, the statutory places of jurisdiction apply.

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