General Terms and Conditions (GTC) of Exomium GmbH for private (B2C) and business customers (B2B)

1 General information and scope of application

1.1 These GTC apply to all contracts concluded via online shops of Exomium GmbH, Am Vogelherd 92a, 98693 Ilmenau, unless it is expressly stated in the following provisions that parts of these GTC shall not apply to the respective contract.

1.2 Insofar as these GTC refer to consumers, these are natural persons in accordance with the statutory regulation (§ 13 BGB) for whom the purpose of the order cannot be predominantly attributed to a commercial or independent professional activity. In Austria, legal entities can also be consumers. According to the statutory regulation (§ 14 BGB), entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity. Customers within the meaning of these GTC are both consumers and entrepreneurs. Business customers are only entrepreneurs.

1.3 Terms and conditions of business customers shall not apply, even if we do not separately object to their validity in individual cases.

1.4 If working days are specified as deadlines, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays at our registered office.

2 Contractual partner and contact information

2.1 The contractual partner is Exomium GmbH, Am Vogelherd 92a, 98693 Ilmenau, represented by the managing director Dipl.-Kfm. (FH) Christoph Hofer, info@exomium.com, 03677 - 46 994 0.

2.2 Exomium GmbH maintains the online shops anynas.de, xtivate.de and exomium.com. The business purpose is the sale of storage solutions and related services to consumers and entrepreneurs.

3 Conclusion of contract

3.1 The presentation of the goods in our online shop does not constitute an offer to conclude a purchase contract.

3.2 By clicking on the "Order with obligation to pay" button, you submit an offer to conclude a purchase contract for the products in the shopping basket or to conclude a service contract for the services in the shopping basket. By submitting your offer, you agree to the validity of these GTC. Our promotional offers are non-binding as long as they do not become the content of a contractual agreement. We will immediately confirm receipt of your order by e-mail. This confirmation does not constitute acceptance of your offer.

3.3 The contract is only concluded as soon as we expressly or implicitly declare acceptance of the contract, in particular by sending the ordered goods. If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you of this immediately.

3.4 If it is not possible to deliver the goods you have ordered, for example because there is a price error, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded. We will inform you of this immediately. The dispatch of an automatic request for payment by third-party providers, such as PayPal or Sofortüberweisung.de, does not constitute automatic acceptance of your offer.

3.5 You are bound to your order for a maximum of 3 working days.

3.6 The contract language is German.

4 Prices, due date, terms of payment, default

4.1 Our prices include the statutory value added tax. The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.

4.2 Please refer to our shipping information for information on shipping costs.

4.3 You shall bear the costs of return debit notes that arise because you have intentionally or negligently provided incorrect payment details.

4.4 Business customers have no right of set-off or retention unless the counterclaim is undisputed or has been recognised by declaratory judgement.

4.5 In the event that you are in default, we reserve the right to charge you interest on arrears in accordance with Section 288 (1) BGB at a rate of 5 percentage points above the base interest rate as well as the costs (postage, materials) for the second and all subsequent postal reminders. You reserve the right to provide evidence of lower damages. We would like to point out to business customers that we reserve the right to charge default interest in the amount of 9 percentage points above the base interest rate in accordance with § 288 para. 2 BGB and a lump sum of 40 euros in accordance with § 288 para. 5 BGB in the event of default.

5 Consumer right of cancellation

5.1 Consumers have the right to cancel the contract concluded within fourteen days without giving reasons.

5.1.1 In the case of a purchase contract, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

5.1.2 In the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods

5.1.3 In the case of a contract for the delivery of goods in several partial shipments or pieces, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.

5.1.4 In the case of a service contract or a contract for the supply of digital content which is not supplied on a tangible medium, the cancellation period is fourteen days from the day on which the contract is concluded.

5.2 To exercise the right to cancel, you must inform us (Exomium GmbH, Am Vogelherd 92a, 98693 Ilmenau, phone 03677 - 46 994 0, info@exomium.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

5.3 In order to comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

5.4 A right of cancellation does not exist in the cases mentioned in § 312g para. 2 BGB. We refer in particular to § 312g para. 2 no. 6 BGB. Accordingly, there is no right of cancellation for contracts for the delivery of computer software in a sealed package if the seal has been removed after delivery.

5.5 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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. Under no circumstances will you be charged any fees for this repayment.

5.6 We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

5.7 You shall bear the direct costs of returning the goods.

5.8 The return shipment must be sent to the following address: ZweiPunkt central warehouse ℅ Exomium GmbH Am Vogelherd 92a 98693 Ilmenau

5.9 You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.

5.10. If you wish to cancel the contract, you can fill in the following form and send it back to us:

To
Exomium GmbH
Am Vogelherd 92a
98693 Ilmenau

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
_________________
Ordered on (*)/received on (*): _________________
Name of the consumer(s): _________________
Address of the consumer(s): _________________
Signature of the consumer(s) (only for notification on paper): _________________
Date: _________________

(*) Delete as appropriate.

6 Return of goods and restocking fee for business customers

6.1 Business customers have no right of cancellation. The following provisions apply exclusively to the return of faultless goods.

6.2 Business customers have no legal claim to the return of goods delivered free of defects. Returns are always made on a voluntary basis and are subject to the following conditions. After receipt of the goods, you can send a written return request to the general e-mail address within 4 weeks.

6.3 If you receive a return authorisation from us, please use outer packaging to protect the goods and make a note of the processing number, which we will send you after checking your request. Send the goods (including standard accessories) back to us in an outer box with a copy of the invoice within 5 working days of the return authorisation. The goods must have arrived at our premises by this time.

6.4 In the event of a return, we will charge a restocking fee. This is based on the actual condition of the goods. The deduction from the value of the goods is - at least 15 per cent for goods in their original packaging - at least 25 per cent if the packaging has been opened - at least 40 per cent for opened and used goods and/or missing accessories.

6.4.1 Goods are considered used if they have been used in a way that goes beyond what is necessary to test functionality and defects.

6.4.2 The specifications are approximate values. The actual condition of the goods shall always be decisive. Should the restocking fee change after the goods have been inspected by our service provider, we reserve the right to pass on the changed deduction to you.

6.5 By returning the goods to us, you agree to this return policy.

7 Retention of title, processing clause, time and place of performance, terms of delivery

7.1 We reserve title to the goods until payment has been made in full and in accordance with the contract.

7.2.1 In commercial business transactions, the goods may only be sold by business customers in the ordinary course of business. We reserve the right to revoke the above consent to the resale of goods delivered subject to retention of title and, in the event of default of payment, to withdraw from the contract and demand the return of the goods. Claims arising from the resale of goods subject to retention of title are assigned to us as security for our claims. Business customers remain authorised to collect these claims even after the assignment. Our authorisation to collect the claims ourselves remains unaffected by this. We undertake not to collect the claims as long as the business customer fulfils his payment obligations and is not in default of payment. In the event of behaviour in breach of contract, in particular default in payment, we may demand that the business customer disclose the assignment and provide us with the information and documents required to collect the claims. Business customers must inform us immediately in the event of a seizure of goods subject to retention of title. We undertake to release the securities to which we are entitled at the request of the business customer to the extent that the value of our securities exceeds the claim to be secured by more than 10 per cent.

7.2.2 If the delivered reserved goods are processed by a business customer, the processing shall be carried out in our name and on our behalf. We shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. The business customer shall store the resulting co-ownership for us free of charge.

7.3 If the delivery status is stated as "immediately available", the delivery time is 1 to 3 working days after receipt of payment. Otherwise, the delivery time depends on the specific circumstances of the contract, in particular the delivery status of the goods. The delivery time corresponds to the performance time. The place of performance is Ilmenau.

7.4 If additional costs are incurred for delivery to a third country (non-EU country), e.g. due to customs duties or import sales tax, these shall be borne by the customer.

8 Warranty and liability for defects

8.1 For purchase contracts concluded via this site, the warranty for defects law of §§ 434 ff BGB applies. In accordance with the statutory provisions, you can demand subsequent fulfilment free of charge, withdraw from the contract or reduce the purchase price. If you have suffered damages as a result of the defective performance, you can also demand compensation for damages or compensation for use. Consumers as contractual partners have the choice of whether, in the event of a defect, subsequent fulfilment is to take the form of rectification of the defect or a replacement delivery. We are entitled to refuse the type of subsequent fulfilment chosen if special statutory requirements are met, in particular if this is only possible at disproportionate cost and the other type of subsequent fulfilment is without significant disadvantages for the contractual partner. In the case of contracts with entrepreneurs, the type of subsequent fulfilment shall be at our discretion. If we are unwilling or unable to remedy the defect or supply a replacement, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the remedy of the defect or replacement delivery fails in any other way, you are entitled, at your discretion, to demand a corresponding reduction in the purchase price or to withdraw from the contract. Withdrawal and compensation in lieu of full performance are also excluded if the defect only insignificantly reduces the value or suitability of the purchased item or work.

8.2 The statutory warranty period of two years applies to consumers. Warranty claims by entrepreneurs are limited to a period of one year from delivery.

8.3 Entrepreneurs must report obvious defects in writing immediately, but at the latest within a period of 14 days from receipt of the goods. In the event of the discovery of non-obvious defects, the obligation to give notice of defects without delay shall apply, at the latest within 14 days of discovery of the defect. The timely dispatch of the notification is sufficient to preserve the rights of the buyer. Otherwise, the goods shall also be deemed to have been approved in view of the defect in question. Timely despatch shall suffice to meet the deadline. For merchants, § 377 HGB applies additionally.

8.4 Expressly excluded from the limitations or exclusions of warranty liability in the above provisions of 8.2. and 8.3. are claims for damages based on a defect arising from injury to life, limb or health resulting from a breach of duty for which we are responsible, as well as claims for damages for other damages resulting from an intentional or grossly negligent breach of duty by us. The statutory limitation period of 2 years shall apply to the claims excluded above. Limitations or exclusions of warranty claims as a whole shall not apply in the event of the assumption of a guarantee of quality by us or the fraudulent concealment of a defect by us within the meaning of § 444 BGB. Any manufacturer's warranty shall also remain unaffected. In addition, the provision of § 478 BGB on the dealer's recourse against his own supplier in the sale of newly manufactured goods to a consumer shall remain unaffected. Insofar as our liability is excluded or limited or exceptions to this are regulated above, this shall also apply to the personal liability of our employees, staff, legal representatives and vicarious agents.

9 Liability in other respects

9.1 In all cases not covered by No. 8, we shall be liable for damages resulting from injury to life, body or health which are based on an intentional or negligent breach of duty by our legal representatives or vicarious agents. We shall also be liable for other damages resulting from an intentional or grossly negligent breach of duty by our legal representatives or vicarious agents, but limited to the amount of damages foreseeable at the time the contract was concluded and typical for the contract.

9.2 Furthermore, we are not liable for damages that are not typical of the contract and unforeseeable and are based on a slightly negligent breach of duty by our legal representatives or vicarious agents.

10 Data protection

We may only process and store the data relating to the respective contracts within the framework of the applicable statutory provisions. The details can be found in the privacy policy available on our website.

11 Online dispute resolution and consumer dispute resolution

We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12 Applicable law, place of jurisdiction

12.1 The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. This choice of law includes that the customer with habitual residence in one of the states of the EU or Switzerland shall not be deprived of the protection afforded by mandatory provisions of the law of that state.

12.2 In business transactions with merchants and with legal entities under public law, the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and cheques, shall be our registered office. In this case, we shall also be entitled to take legal action at any other legal place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected by the above provision.

13. severability clause

Should individual provisions of these General Terms and Conditions of Business be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remaining General Terms and Conditions of Business. The invalid provisions shall be replaced by the statutory provisions. The same applies if there is an unforeseen loophole in the General Terms and Conditions.

Status: 01.05.2025

Exomiu GmbH
Am Vogelherd 92a
DE - 98693 Ilmenau

Managing Director: Christoph Hofer
VAT ID: DE313259484
HRB: 513638
Local court Jena, Rathenaustraße 13, 07745 Jena