Terms and Conditions

§ 1 Scope of Application

These Terms and Conditions apply to all contracts for the sale and delivery of goods, as well as any related ancillary services, concluded between ETARI GmbH and its customers via the online shop, e-mail, telephone, written correspondence or any other means of communication.
These Terms and Conditions apply to both consumers and business customers. Where individual provisions apply exclusively to consumers or exclusively to business customers, this is expressly indicated.
For business customers, legal entities under public law and special funds under public law, the separate B2B provisions of these Terms and Conditions shall additionally apply. In the event of any inconsistency, the special B2B provisions shall prevail.
Consumers are additionally subject to the specific consumer provisions and the separate Right of Withdrawal. Mandatory statutory consumer protection rights remain unaffected.
Any individual agreements concluded between ETARI GmbH and the customer shall take precedence over these Terms and Conditions. Unless a stricter legal form is required by law, the content of any individual agreement shall be evidenced by written confirmation or confirmation in text form.
Conflicting, supplementary or deviating terms and conditions of a business customer shall only become part of the contract if ETARI GmbH has expressly agreed to their validity in text form. Delivery of goods or acceptance of payment without reservation shall not constitute such consent.

§ 2 Definitions

Consumer means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.
Business Customer means any natural or legal person, or partnership with legal capacity, acting in the exercise of its trade, business or independent professional activity when concluding the contract.
Goods means all physical products supplied by ETARI GmbH, including but not limited to paint thickness gauges, PDR tools, LED inspection lights, adapters, accessories, adhesives, consumables, spare parts and products manufactured or assembled according to customer specifications.
Custom-Made Product means any product manufactured, processed, labelled, configured, specially procured or individually assembled in accordance with customer specifications or in a version not offered as a standard product.
Text Form includes, in particular, e-mail and any other durable written communication identifying the person making the declaration.

§ 3 Contracting Party and Contact Details

The customer's contractual partner is:
ETARI GmbH
Hoffeldstraße 207
70597 Stuttgart
Germany
E-mail: info@etari.de
The company registration details, legal representatives and contact information published in the online shop shall apply in their respective current version.
Legally relevant notices from the customer should be sent to the contact details published in the online shop, stating the relevant order, purchase or invoice number where applicable.

§ 4 Customer Status and Accurate Customer Information

The customer is obliged to provide complete and accurate information regarding their identity or company, billing address, delivery address, e-mail address and, where necessary for order processing, telephone number.
If the customer places an order as a business customer, this must be indicated during the ordering process together with a business billing address. ETARI GmbH may request appropriate evidence of business status, including a business registration, commercial register extract or VAT identification number.
The legal classification of the customer depends not solely on the selection made in the online shop, but on the objective purpose of the individual transaction. Incorrect information regarding customer status shall not establish consumer rights if the customer has in fact acted in the course of business.
The customer shall immediately notify ETARI GmbH of any changes to information relevant to contract performance. Any disadvantages or additional costs resulting from culpably incorrect or outdated information shall be borne by the customer in accordance with applicable law.

§ 5 Customer Account and Login Credentials

Where the online shop provides the possibility of creating a customer account, the customer shall keep all login credentials secure and protect them against unauthorised access.
A customer account may only be used in the customer's own name or, where acting on behalf of a company, with appropriate authority of representation.
The customer shall immediately inform ETARI GmbH if there are specific indications of unauthorised use of the customer account.
ETARI GmbH may temporarily suspend a customer account where there are reasonable grounds to suspect misuse, false identity information, security risks, payment fraud or legal violations. The legitimate interests of the customer shall be duly considered.
The suspension or deletion of a customer account shall not affect contracts already concluded or any existing payment or warranty obligations.

§ 6 Product Presentation and Non-Binding Information

The presentation of products in the online shop, catalogues, price lists, advertising materials or other sales documents does not constitute a legally binding offer but merely an invitation to the customer to place an order.
Product images are provided for illustrative purposes only. Minor deviations that are reasonable for the customer may occur, particularly due to screen display, lighting conditions, production batches, packaging modifications or technical developments.
Technical specifications, measuring ranges, tolerances, compatibility information, temperature ranges and other performance characteristics are determined exclusively by the respective product description and the expressly incorporated technical documentation.
No guarantee regarding specific characteristics, durability, compatibility or suitability for a particular purpose shall exist unless expressly designated as a commercial warranty.
Public statements, advertising and other product-related information shall only become part of the agreed product characteristics to the extent required by applicable law.

§ 7 Orders Placed via the Online Shop

The customer may initially place products in the shopping cart without obligation. Before submitting the order, all entries can be reviewed and corrected using the technical functions provided during the ordering process.
Before submitting a binding order subject to payment, consumers shall be provided with all legally required essential information concerning the order.
By clicking the clearly labelled button indicating an obligation to pay, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
The automatically generated order confirmation merely confirms receipt of the order and does not constitute acceptance of the contract unless acceptance is expressly declared therein.

§ 8 Conclusion of Contract and Acceptance Period

ETARI GmbH may accept the customer's offer within five calendar days after receipt of the order.
Acceptance shall occur through one of the following events:
- an express order confirmation in text form,
- a shipping confirmation,
- handover of the goods to the shipping carrier or directly to the customer,
- a request for payment where such request constitutes contractual acceptance under the applicable payment process.
The earliest occurring acceptance event shall determine timely acceptance.
If the customer's offer is not accepted within the acceptance period, the customer shall no longer be bound by the offer. Any payments already received shall be refunded without undue delay.
ETARI GmbH shall not be obliged to accept any order. Orders may be rejected, in particular, due to lack of product availability, unsuccessful payment authorisation, justified suspicion of fraud, export restrictions or unreasonable commercial risk.

§ 9 Individual Offers, Orders by E-mail and Telephone

Individual quotations issued by ETARI GmbH are non-binding unless expressly designated as binding.
Where a quotation specifies an acceptance period, the customer may accept the quotation only within that period.
Orders placed via e-mail, telephone, messenger services or other individual communication channels become binding upon express acceptance, order confirmation, payment request constituting acceptance or dispatch of the goods.
If the customer's order deviates from an offer made by ETARI GmbH, it shall constitute a new offer by the customer. A contract shall only be concluded upon acceptance of that modified offer by ETARI GmbH.
Verbal collateral agreements and subsequent amendments should be confirmed in text form for evidentiary purposes.

§ 10 Contract Language, Contract Text and Correction of Input Errors

The contract language is German. Where the complete ordering process is also offered in another language, the contract may alternatively be concluded in that language.
ETARI GmbH stores order data in accordance with statutory retention obligations. The essential contractual information shall be transmitted to the customer in text form or provided on a durable medium where required by law.
Permanent online access to the complete contract text shall only be provided where this is expressly offered within the customer account.
The customer shall review the order confirmation immediately upon receipt for obvious input errors and shall notify ETARI GmbH without undue delay of any apparent discrepancies. Mandatory statutory rights remain unaffected.

§ 11 Amendments, Additions and Subsequent Order Changes

Once an order has been validly accepted, the customer shall have no right to amend or cancel the order except where a statutory right of withdrawal, termination or other legal right to rescind the contract exists.
ETARI GmbH may, at its sole discretion, agree to subsequent requests for amendments or cancellations. Such consent shall not establish any entitlement to identical treatment in future cases.
For custom-made products, goods procured specifically for the customer, or where production or procurement has already commenced, ETARI GmbH may make its consent conditional upon the customer reimbursing all unavoidable costs incurred up to that time.
Changes to an order may affect the purchase price, delivery period, shipping costs and technical specifications. Such changes shall only become binding once confirmed by ETARI GmbH.

§ 12 Prices and Value Added Tax (VAT)

The prices stated in the online shop, an individual quotation or the order confirmation shall apply.
For consumers, all prices are displayed as gross prices including statutory VAT where applicable.
For business customers, prices may be stated as net prices plus the applicable statutory VAT. The price designation shown in the relevant quotation or ordering process shall prevail.
Shipping, packaging, cash-on-delivery charges, customs duties, import or export charges and other additional costs are only included in the purchase price where expressly indicated. Otherwise, such costs shall be charged separately in accordance with these Terms and Conditions.
In the event of obvious pricing, typographical or calculation errors, ETARI GmbH shall not be obliged to conclude or perform a contract at the incorrect price. Where a contract has already been concluded, the statutory provisions governing mistake and avoidance shall apply.
Price adjustments after conclusion of the contract shall only be permissible where individually agreed or where they result from subsequent changes requested by the customer regarding the scope of delivery, product specification, shipping method or delivery destination.

§ 13 Shipping, Packaging and Additional Charges

The shipping charges displayed during the ordering process or specified in the quotation apply exclusively to the delivery address, shipping method, number of parcels and parcel dimensions stated therein.
If additional costs arise due to incorrect or subsequently amended information provided by the customer, ETARI GmbH may charge the actual additional costs incurred, provided the customer is responsible for such circumstances.
Additional charges for bulky goods, overweight shipments, oversized parcels, island deliveries, dangerous goods, express delivery, additional parcels or special export documentation shall be displayed before conclusion of the contract or agreed individually.
Where partial deliveries are initiated solely by ETARI GmbH, additional shipping charges shall only be payable if expressly agreed beforehand.

§ 14 Payment Methods and Due Date

The payment methods offered in the online shop or in an individual quotation shall be available subject to the conditions specified therein.
Unless otherwise agreed, the purchase price shall become due immediately upon conclusion of the contract.
Where payment in advance has been agreed, payment must be made immediately upon receipt of the payment request. Goods will generally only be dispatched or made available for collection after full payment has been received.
Where payment is made via PayPal, credit card or another payment service provider, the respective contractual terms and payment conditions of that provider shall additionally apply. ETARI GmbH shall remain the contractual seller of the goods.
Where purchase on account has been agreed, the invoice amount shall be payable without deduction within the payment period stated on the invoice.
The granting of payment terms, invoicing facilities or credit limits is entirely voluntary and applies only to the respective transaction unless expressly agreed otherwise.
ETARI GmbH may reasonably restrict the available payment methods in individual cases, particularly where there is an increased risk of non-payment, insufficient creditworthiness, differing delivery addresses, international orders, custom-made products or outstanding payment obligations.

§ 15 Payment Processing and Authorisation

The selected payment method shall be charged in accordance with the applicable payment process.
If a payment or payment authorisation fails, the customer's payment obligation shall remain unaffected where the contract has already been concluded.
Any chargeback fees, returned direct debit charges or comparable third-party costs for which the customer is responsible may be charged in the amount actually incurred. The customer shall remain entitled to prove that no damage or a substantially lower amount of damage was incurred.
Where necessary for proper allocation of payments, the customer shall state the relevant order number, purchase order number or invoice number when making payment.
Unless the customer makes a legally permissible designation of payment, incoming payments shall be applied in accordance with the statutory provisions to costs, interest and principal debt.

§ 16 Default in Payment

The customer shall be in default of payment in accordance with the applicable statutory provisions.
Where a specific calendar date for payment has been agreed, default may occur automatically upon expiry of that date without the need for a reminder.
A consumer shall enter into default no later than thirty (30) days after the due date and receipt of an invoice or equivalent payment statement, provided the invoice expressly refers to this legal consequence.
A business customer shall enter into default no later than thirty (30) days after the due date and receipt of the invoice or, where receipt of the invoice cannot be established, thirty (30) days after receipt of the contractual performance.
During default, statutory default interest shall apply. The right to claim further proven damages caused by the delay remains unaffected.
With respect to business customers, the statutory fixed compensation for recovery costs shall remain unaffected where the legal requirements are fulfilled.

§ 17 Set-Off and Rights of Retention

Consumers may set off claims only in accordance with the applicable statutory provisions.
Business customers may only set off claims that are undisputed, legally established or ready for judicial decision, or claims arising from the same contractual relationship.
Business customers may exercise a right of retention only with respect to counterclaims arising from the same contractual relationship.
Mandatory statutory rights shall remain unaffected.

§ 18 Advance Payments, Security and Outstanding Claims (Business Customers)

This Section applies exclusively to business customers.
If, after conclusion of the contract, circumstances become known which give rise to justified doubts regarding the customer's ability to pay or otherwise jeopardise ETARI GmbH's payment claim, ETARI GmbH may make outstanding deliveries conditional upon an appropriate advance payment or suitable security.
ETARI GmbH shall grant the business customer a reasonable period for compliance. If this period expires without success, ETARI GmbH may withdraw from the unperformed part of the contract or claim damages in accordance with the statutory provisions.
Any payment claims that have already become due shall remain unaffected.

§ 19 Delivery Area and Delivery Address

Deliveries shall be made to the countries or delivery areas specified in the online shop or individually agreed with the customer.
The delivery address confirmed by ETARI GmbH during the ordering process shall be decisive.
The customer shall ensure that the delivery address is complete, accurate, accessible and suitable for the selected shipping method before placing the order.
Delivery to parcel lockers, parcel shops, P.O. boxes or collection points shall only be made where such delivery option is expressly offered in the online shop or individually agreed.
Any subsequent change to the delivery address requires confirmation by ETARI GmbH. Additional costs already incurred as a result of such change may be charged to the customer where the customer requested the amendment.

§ 20 Delivery Periods and Delivery Dates

Delivery periods are determined by the relevant product description, quotation or order confirmation.
Unless otherwise agreed, deliveries to consumers shall be made without undue delay and, in any event, within the maximum period prescribed by applicable law.
Where payment in advance has been agreed, the delivery period shall commence on the day following receipt of full payment. For all other payment methods, the delivery period shall commence on the day following conclusion of the contract unless otherwise specified.
For custom-made products or customer-specific orders, the delivery period shall not commence until all information, documents, samples, approvals and agreed advance payments required for production or procurement have been received.
A delivery period expires at the end of its final day. Where that day falls on a Saturday, Sunday or public holiday at the place of delivery, the next business day shall apply where legally permissible.
With respect to business customers, delivery dates shall only be binding where expressly confirmed as "binding", "fixed delivery date" or by equivalent wording. The mere indication of an estimated delivery date shall not constitute a fixed-date transaction.
Statutory rights arising from delayed delivery shall remain unaffected.

§ 21 Customer Cooperation Obligations

The customer shall provide all information, decisions, approvals and documents required for proper performance of the contract completely and in due time.
If performance is delayed due to late or insufficient cooperation for which the customer is responsible, agreed delivery periods shall be extended by a reasonable period.
Where reasonably possible, ETARI GmbH shall inform the customer of any missing cooperation and its expected impact on the delivery schedule.
Any further statutory rights, including claims for reimbursement of additional expenses or the right to withdraw from the contract after granting a reasonable grace period, shall remain unaffected.

§ 22 Reservation of Self-Supply

ETARI GmbH shall be entitled to withdraw from the contract if, despite having concluded a timely, specific and corresponding supply contract with its own supplier, it is not supplied, not fully supplied or not supplied in due time through no fault of its own, and the goods cannot reasonably be procured elsewhere.
This reservation of self-supply shall not apply where ETARI GmbH is responsible for the failure of supply or merely expected general market availability without having concluded a specific covering transaction.
ETARI GmbH shall inform the customer without undue delay of the unavailability of the goods and shall immediately refund any payments already received for the affected products.
If only part of the order is affected, withdrawal shall be limited to that part provided that performance of the remainder of the contract remains reasonable for the customer.
Mandatory consumer rights and statutory claims for damages shall remain unaffected.

§ 23 Force Majeure and Other Events Beyond Control

If performance of the contract is temporarily prevented or substantially hindered by an unforeseeable event occurring after conclusion of the contract, which is beyond the reasonable control of the affected party and cannot be avoided even by exercising reasonable care, the affected contractual obligations shall be suspended for the duration and extent of the impediment.
Such events include, in particular, natural disasters, fire, flooding, epidemics, pandemics, war, acts of terrorism, governmental measures, lawful industrial action, major transport or energy disruptions, cyberattacks on critical infrastructure and comparable serious events.
The affected party shall inform the other party without undue delay of the occurrence and expected duration of the event, insofar as reasonably possible.
Delivery periods shall be extended by the duration of the impediment together with a reasonable restart period.
If the impediment continues for such a period that continuation of the contract can no longer reasonably be expected from either party, either party may withdraw from the unperformed part of the contract in accordance with the applicable statutory provisions.
Payments already received for permanently impossible performances shall be refunded without undue delay.
This provision shall not exclude liability where the statutory requirements for liability continue to exist despite the occurrence of the event.

§ 24 Partial Deliveries

Partial deliveries shall be permissible provided that:
- the delivered part can be used independently by the customer;
- delivery of the remaining goods is ensured; and
- the customer does not incur unreasonable additional expense as a result.
Where ETARI GmbH initiates a partial delivery to a consumer, no additional shipping costs shall be charged unless expressly agreed.
Different arrangements may be agreed individually with business customers.
Statutory rights arising from delayed or missing subsequent deliveries shall remain unaffected.

§ 25 Shipping and Selection of the Carrier

Unless a specific shipping method has been agreed, ETARI GmbH shall select the shipping route and carrier at its reasonable discretion.
The customer shall only be entitled to a specific carrier where this has been expressly agreed or selected as a binding option during the ordering process.
Where the customer requests express delivery, scheduled delivery, freight forwarding or other special shipping services, the customer shall bear the additional costs previously indicated or individually agreed.
ETARI GmbH may combine several products belonging to one order into a single shipment provided this does not result in an unreasonable delay.
The transfer of risk for consumers and business customers shall be governed by the respective provisions contained in the following sections of these Terms and Conditions.

§ 26 Acceptance of Delivery and Inspection upon Receipt

The customer shall ensure that a properly announced or reasonably expected delivery can be accepted at the agreed delivery address.
Visible transport damage should, where possible, be documented with the carrier upon delivery and reported to ETARI GmbH without undue delay.
For consumers, compliance with this recommendation shall not constitute a prerequisite for exercising statutory warranty rights.
Business customers remain subject to the separate inspection and notification obligations set out in the B2B section of these Terms and Conditions.

§ 27 Uncollected, Refused or Undeliverable Shipments

If the customer fails to collect a shipment made available for collection within the storage period specified by the carrier, refuses acceptance without legal justification or delivery fails for reasons attributable to the customer, the customer may be deemed to be in default of acceptance in accordance with applicable law.
The mere failure to collect, refusal of acceptance or return of a shipment shall neither constitute a withdrawal from the contract nor a cancellation or rescission.
Where the customer is responsible for the default of acceptance, ETARI GmbH may claim reimbursement of all necessary additional costs actually incurred, including return transport, storage, handling and renewed shipment.
Reshipment may be made conditional upon prior payment of the actual return transport costs together with the costs of the renewed delivery.
Consumers may continue to exercise their statutory right of withdrawal within the applicable legal period by submitting a clear declaration of withdrawal. This right shall remain unaffected.
The specific legal consequences applicable to business customers are governed by the B2B provisions of these Terms and Conditions.

§ 28 Storage Following Default of Acceptance

If the customer is in default of acceptance, ETARI GmbH may store the goods at the customer's risk and expense in suitable own or third-party storage facilities, provided the applicable statutory requirements are met.
Only reasonable storage and handling costs actually incurred may be charged.
Before long-term chargeable storage begins, ETARI GmbH shall generally inform the customer and grant an appropriate period for taking delivery, where reasonably possible.
Further statutory rights, including withdrawal from the contract, claims for damages or statutory self-help sale, shall remain unaffected.

§ 29 Delay in Delivery and Customer Remedies

The customer's rights in the event of delayed delivery shall be governed by the applicable statutory provisions.
Withdrawal from the contract or claims for damages in lieu of performance generally require that the customer has first granted ETARI GmbH a reasonable additional period for performance, unless such notice is legally unnecessary.
Where only part of the contractual performance has been rendered, the customer may only withdraw from the entire contract if the partial performance is of no interest to the customer or the statutory requirements are otherwise fulfilled.
The statutory provisions applicable to fixed-date transactions shall remain unaffected.

§ 30 Collection by the Customer

Where collection has been agreed, the customer shall be informed as soon as the goods are ready for collection.
Collection shall take place during the notified business or collection hours upon presentation of appropriate proof of authorisation.
The customer shall collect the goods within the agreed or reasonably specified collection period.
If the customer fails to collect the goods within an additional reasonable grace period, the statutory provisions governing default of acceptance and reimbursement of necessary additional costs shall apply.

§ 31 Scope of Application

This Part applies exclusively to Business Customers (Section 14 German Civil Code – BGB), legal entities under public law and special funds under public law.
Business Customers do not have a statutory right of withdrawal.

§ 32 Transfer of Risk

The risk of accidental loss or accidental deterioration of the goods shall pass to the Business Customer upon delivery of the goods to the first carrier or freight forwarder.
This shall also apply to partial deliveries, carriage-paid deliveries and shipments made at the request of the Business Customer.
If shipment is delayed for reasons attributable to the Business Customer, the risk shall pass upon notification that the goods are ready for dispatch.

§ 33 Inspection and Notification of Defects (Section 377 German Commercial Code)

The Business Customer shall inspect the goods carefully without undue delay after delivery.
Obvious defects shall be reported immediately, while hidden defects shall be reported immediately after discovery, in text form.
The notice shall include the nature and extent of the defect together with photographs where possible and the invoice number.
If the Business Customer fails to comply with its inspection and notification obligations, the legal consequences of Section 377 German Commercial Code (HGB) shall apply.
Goods that have been dismantled, modified or further processed should generally not be returned without ETARI GmbH's prior consent where such actions would impair inspection of the alleged defect.

§ 34 Examination of Defects

The Business Customer shall provide ETARI GmbH with the opportunity to examine the alleged defect.
Upon request, photographs, videos, measurement reports or the goods themselves shall be provided for inspection.
Unauthorised repairs shall not automatically exclude statutory claims but may reduce compensation claims where inspection has thereby become impossible or substantially more difficult.

§ 35 Statutory Warranty

ETARI GmbH shall, at its own discretion, remedy defects either by repair or by replacement delivery.
If subsequent performance fails in accordance with the applicable statutory requirements or is lawfully refused, the Business Customer shall be entitled to the statutory remedies.
To the extent permitted by law, the limitation period for warranty claims relating to new goods shall be one year from the transfer of risk.
Warranty claims relating to used goods are excluded to the extent permitted by law.

§ 36 Unjustified Complaints

If, following inspection, a complaint proves to be unfounded and the Business Customer is responsible for the circumstances giving rise to the complaint, ETARI GmbH may recover the necessary inspection, shipping and handling costs actually incurred.
The Business Customer shall remain entitled to prove that no costs or substantially lower costs were incurred.

§ 37 Voluntary Returns

The return of defect-free goods shall only be accepted as a gesture of goodwill and with the prior consent of ETARI GmbH.
The goods must be complete, unused and in a condition suitable for resale.
ETARI GmbH may charge a reasonable restocking and handling fee, normally up to 20% of the net value of the goods, where such costs are actually incurred.
The Business Customer shall bear the costs of return shipment.

§ 38 Custom-Made Products

Custom-made products and goods procured specifically for the customer are excluded from return.
Once production or procurement has commenced, the Business Customer remains obliged to pay the full purchase price where the statutory requirements are fulfilled.

§ 39 Extended Retention of Title

The delivered goods shall remain the property of ETARI GmbH until all claims arising from the business relationship have been paid in full.
The Business Customer may resell goods subject to retention of title in the ordinary course of business. Any resulting claims against third parties are hereby assigned to ETARI GmbH.
Processing or combination of the goods shall be carried out for ETARI GmbH within the limits provided by law. Where co-ownership arises, the proportion of ownership shall correspond to the value of the retained goods.
The Business Customer shall immediately notify ETARI GmbH of any third-party access to goods subject to retention of title.

§ 40 Export and Compliance

The Business Customer is responsible for compliance with all import, customs, safety and product regulations applicable in the country of destination.
Applicable export control legislation and embargo regulations shall remain unaffected.

§ 41 Jurisdiction (Business Customers)

If the customer is a merchant, the exclusive place of jurisdiction shall be Stuttgart, Germany.
ETARI GmbH shall also remain entitled to bring proceedings before the courts having jurisdiction at the Business Customer's registered place of business.

§ 42 Consumer Provisions

The following provisions apply exclusively to Consumers within the meaning of Section 13 German Civil Code (BGB).
Mandatory statutory consumer protection rights shall remain unaffected.

§ 43 Right of Withdrawal

Consumers are generally entitled to a statutory right of withdrawal for distance selling contracts.
The details are set out in the separate Right of Withdrawal and the Model Withdrawal Form, both of which form an integral part of these Terms and Conditions.
The statutory right of withdrawal does not apply in the legally prescribed exceptions, in particular to custom-made products or sealed goods where the statutory requirements are fulfilled.

§ 44 Return of Goods Following Withdrawal

Consumers shall package returned goods carefully and, where possible, use suitable shipping packaging.
Upon request, ETARI GmbH may provide a return shipping label. Where the Consumer voluntarily uses this service, the actual return shipping costs shall be charged. These currently amount to EUR 6.95 within Germany and from EUR 12.95 for returns from other EU Member States.
The Consumer may alternatively choose any other shipping provider, provided the statutory requirements are fulfilled.
Refunds shall be made in accordance with the applicable statutory provisions.

§ 45 Compensation for Diminished Value

The Consumer shall only be liable for any diminished value of the goods where such loss in value results from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
The applicable statutory provisions regarding compensation for diminished value shall remain unaffected.

§ 46 Statutory Warranty

The statutory warranty rights shall apply.
Commercial warranties shall only exist where expressly designated as such.
Any manufacturer's warranty shall exist independently of the Consumer's statutory warranty rights.

§ 47 Transport Damage

If goods are delivered with obvious transport damage, the Consumer should, where possible, report such damage to the carrier immediately and notify ETARI GmbH without undue delay.
Failure to provide such notification shall not affect the Consumer's statutory warranty rights.

§ 48 Retention of Title

The goods shall remain the property of ETARI GmbH until full payment has been received.

§ 49 Refunds

Refunds shall be made using the same payment method originally used by the Consumer unless otherwise expressly agreed.
ETARI GmbH may withhold reimbursement until the returned goods have been received or the Consumer has provided proof of return shipment, whichever occurs first.

§ 50 Consumer Dispute Resolution

Unless legally obliged to do so, ETARI GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 51 Intended Use

Products distributed by ETARI shall be used exclusively in accordance with their respective product description, operating instructions and safety instructions.
Any modification, use for unintended purposes or safety-related alteration of the products shall be carried out at the user's own risk to the extent permitted by applicable law.
Mandatory statutory rights arising under product liability legislation shall remain unaffected.

§ 52 Coating Thickness Gauges

Measurement results constitute technical measurement values only and shall not replace an inspection, appraisal or expert opinion provided by a qualified professional.
Measurement accuracy may be affected by material properties, component geometry, temperature, contamination, coating structure, environmental conditions or operating errors.
The user shall calibrate and verify the measuring device in accordance with the operating instructions before use.
Compatibility with all vehicle types, substrates or coating systems shall only be deemed agreed where expressly confirmed by ETARI GmbH.

§ 53 ETARI App, Bluetooth and Software

Optional mobile applications, firmware, software updates and Bluetooth functions shall additionally be subject to the respective licence terms, privacy notices and software conditions.
The availability and functionality of software features may depend on operating system versions, hardware manufacturers, wireless technologies or third-party services beyond the control of ETARI GmbH.
Security, maintenance and functional updates may be provided where required by applicable law or technically intended for the respective product.
Unless mandatory statutory provisions provide otherwise, ETARI GmbH shall have no obligation to provide permanent support for outdated operating systems or discontinued software platforms.

§ 54 PDR Tools

PDR tools are precision tools and shall only be used for their intended professional purpose.
Before each use, all tools shall be inspected for visible damage, deformation or other defects that could affect safe operation.
Liability for damage resulting from improper use, excessive force, overloading or the use of unsuitable adapters shall be governed exclusively by the applicable statutory liability provisions.

§ 55 Hot Glue and Cold Glue

Hot glue shall only be used within the recommended processing and application temperature ranges specified for the respective product.
Before use, the user shall independently verify paint compatibility and suitability of the application on the respective vehicle or workpiece.
Cold glue, release agents, cleaning agents and related products shall be used exclusively in accordance with the relevant product information and safety instructions.

§ 56 LED PDR Lights, Batteries and Adapters

Electrical products shall only be operated with suitable power supplies, rechargeable batteries, chargers and adapters approved or recommended for the respective product.
Unauthorised modifications to the electrical system, power supply or electronic components may create safety risks and may impair the proper functioning of the product.
All applicable operating instructions, warning notices and safety information supplied with the respective product shall be observed at all times.

§ 57 Measurement Reports, Measurement Results and Technical Documentation

Measurement reports, measurement logs, PDF reports and other documentation generated by ETARI measuring devices or software are intended solely to document recorded measurement data.
Unless expressly agreed otherwise, such documentation shall not constitute an expert opinion, appraisal, valuation, vehicle inspection or legally binding assessment.
The customer is responsible for verifying the completeness and accuracy of all manually entered information, including vehicle details, identification numbers, mileage, comments and photographs, before further use or disclosure.
Measurement results may vary depending on the measuring method, environmental conditions, calibration status, coating structure, substrate material and operating conditions.
The user shall independently assess whether the documented measurement results are suitable for the intended purpose.

§ 58 LED PDR Lights and Illumination Equipment

LED PDR lights shall only be operated in accordance with the supplied operating instructions and within the specified electrical and environmental operating conditions.
Ventilation openings must not be covered. Adequate clearance shall be maintained from heat-sensitive and combustible materials.
Operation in potentially explosive atmospheres, under water or in environments exceeding the approved moisture or dust limits is prohibited.
Before each use, power cables, plugs, housings, mounting systems and fastening elements shall be inspected for visible damage.
Damaged electrical equipment must not be operated until it has been properly repaired or replaced.

§ 59 Power Supplies, Rechargeable Batteries, Adapters and Electrical Supply

Electrical products shall only be operated with power supplies, rechargeable batteries, battery chargers, adapters and connecting cables that are expressly suitable for the respective product.
Voltage, polarity, current rating, connector type and power capacity must comply with the technical requirements of the respective product.
A mechanically compatible connector does not necessarily indicate electrical compatibility.
Rechargeable batteries must not be short-circuited, opened, punctured, overheated, exposed to fire, connected with incorrect polarity or charged using unsuitable chargers.
Damaged, swollen, overheated, leaking or unusually odorous rechargeable batteries must no longer be used.
Adapters may only be used with the device and battery systems expressly specified in the relevant product description.
The use of unsuitable third-party products may result in malfunction, fire, overheating or damage to the product.

§ 60 Modifications and Alterations to Electrical Products

Opening, modifying, bypassing or carrying out unauthorised repairs to electrical or electronic products may impair their safety functions.
Repairs to components carrying mains voltage may only be performed by appropriately qualified professionals.
Statutory warranty rights shall not be excluded solely because the product has been modified. However, claims shall not exist to the extent that the defect or damage has demonstrably been caused by an improper modification, an unauthorised alteration or the use of unsuitable replacement parts.
Serial numbers, safety labels and product markings must not be removed, altered or rendered illegible unless there is a legitimate reason for doing so.

§ 61 PDR Tools and Professional Users

PDR tools are intended exclusively for the professional repair of dents without damaging the paintwork or with paint-preserving repair techniques.
Tools designated in the product description for professional use may only be used by appropriately trained, instructed or experienced users.
Before each use, pull rods, levers, tips, threads, handles, welds, magnets, springs, adapters and connecting components shall be inspected for wear, cracks, deformation and secure attachment.
Damaged or excessively worn tools must not be used any further.
When carrying out repair work, appropriate personal protective equipment, a safe working posture, suitable support and controlled application of force shall be ensured.

§ 62 Risk of Injury and Damage During PDR Work

Levers, slide hammers, pull rods, tips, springs, magnets and glue tabs may generate considerable forces if used improperly.
Particular hazards include slipping, kickback, crushing injuries, sharp edges, falling components, broken adapters and the uncontrolled release of bonded components.
The working area shall be secured before commencing work. Unauthorised persons shall be kept at a safe distance.
Before carrying out repairs on vehicle body panels, the user shall take into account wiring, airbags, reinforcement structures, electronic components, insulation materials and other sensitive components located behind the repair area.
Any limitation of liability shall apply only in accordance with the general liability provisions of these Terms and Conditions. Mandatory statutory rights shall remain unaffected.

§ 63 Intended Use of Pulling and Pushing Tools

Tools must not be extended, additionally weighted, subjected to lateral loads or exposed to additional impact forces beyond their intended design limits.
Threads and adapters must always be fully engaged, correctly matched and securely connected before use.
Magnetic holding systems are intended solely for positioning or retaining components as designed and shall not be used for securing heavy loads.
Before each pulling operation, the user shall verify that the adapter, adhesive bond and pulling direction are suitable for the intended repair.
The user shall immediately stop work if unusual deformation, abnormal noises, loosening of components or any signs of damage become apparent.

§ 64 Hot Glue – Processing and Temperature

Hot glue shall only be used within the processing temperature range specified in the relevant product description or on the product packaging.
If the processing temperature is too low, the adhesive performance may be reduced. Excessive temperatures may damage the adhesive, glue tabs, glue gun, painted surfaces or other materials.
Any temperature specifications relate solely to the processing characteristics of the adhesive and do not constitute a guarantee that the product is suitable for every paint system, substrate or ambient temperature.
The glue gun used must be suitable for the adhesive diameter and the recommended processing temperature range.
The user shall ensure safe storage of the heated glue gun and take appropriate precautions to prevent accidental skin contact.

§ 65 Hot Glue – Risk of Burns

Molten hot glue, glue gun nozzles and heated glue guns may cause severe burns.
Molten adhesive must not be touched with bare hands or removed from the skin by pulling it off.
Hot glue products shall be kept out of the reach of children and untrained persons.
Suitable protective gloves and any other appropriate personal protective equipment shall be used where necessary.
In the event of contact with skin or eyes, appropriate first-aid measures shall be taken immediately and medical attention shall be sought where required.

§ 66 Inspection of the Substrate and Paint Compatibility

Before using hot glue or cold glue, the user shall test, in an inconspicuous area, whether the substrate, paintwork, repaired paintwork, foil wrapping, coating system and temperature are suitable for the intended repair method.
Particular care shall be taken when working on repainted, poorly bonded, aged, cracked, corroded, freshly painted or otherwise previously damaged surfaces.
Even when the products are used correctly, previously damaged or insufficiently bonded paint layers may become detached.
The user is solely responsible for determining, on the basis of professional assessment, whether a glue-pulling repair is appropriate for the specific vehicle.
Compatibility with a specific paint system shall only be deemed agreed where expressly confirmed by ETARI GmbH for the individual application.

§ 67 Cold Glue – Temperature, Use and Cleaning

Cold glue shall be stored and used only within the temperature range specified in the product description or on the packaging.
The adhesive performance and release characteristics may depend, in particular, on the ambient temperature, surface temperature, contamination, moisture, application pressure, contact time, glue tab size and the condition of the adhesive.
Before use, both the repair surface and the glue tabs shall be prepared in accordance with the applicable product instructions.
Only cleaning agents and cleaning methods that are suitable for the material and recommended by the manufacturer shall be used.
Unsuitable solvents, oils, silicone residues, aggressive cleaning agents, dust or improper storage may permanently impair the adhesive properties.
Cold glue is a consumable product subject to wear and ageing. Normal wear resulting from ordinary use shall not constitute a defect.

§ 68 Wear Parts and Consumables

Adhesives, glue tabs, tips, protective covers, rubber components, springs, rechargeable batteries, cables, connectors and comparable components may be subject to natural wear depending on the type, frequency and intensity of use.
Normal wear, consumption, ageing or the reduction in adhesive strength, battery capacity or surface quality resulting from ordinary use shall not constitute a defect.
This shall not apply where the condition already existed at the time the risk passed because the goods failed to conform to the contract.

§ 69 Product Combinations and Third-Party Accessories

Compatibility between different products shall only be deemed agreed where expressly stated in the relevant product description or individually confirmed by ETARI GmbH.
Where products are combined with third-party accessories, the customer shall verify, in particular, thread compatibility, dimensions, electrical specifications, mechanical load capacity and applicable safety requirements.
To the extent permitted by applicable law, ETARI GmbH shall not be liable for defects or damage caused exclusively by unsuitable, defective or non-approved third-party accessories.

§ 70 Trademarks and Trade Names

The names ETARI, MIDIAR, as well as other product names, series designations, logos and trade identifiers, are protected in favour of ETARI GmbH or its affiliated companies or licensors, where such rights exist.
The purchase of a product does not grant the customer any right to use trademarks, logos or product names for the customer's own products, reproductions, advertising or business identification.
The lawful resale of original products and any descriptive use permitted by applicable law shall remain unaffected.
Any use that creates the impression of a commercial, organisational or authorised relationship with ETARI or MIDIAR requires the prior written consent of ETARI GmbH.

§ 71 Product Images, Texts and Media Content

Product photographs, videos, graphics, texts, tables, manuals, translations, layouts and all other media content may be protected by copyright, trademark law or unfair competition law.
Any reproduction, modification, publication, distribution or commercial use is permitted only with the prior consent of the respective rights holder or where expressly permitted by applicable law.
Authorised distributors may use approved product images and media only within the scope expressly granted by ETARI GmbH and exclusively for the marketing and sale of genuine ETARI products.
Upon termination of the distribution relationship or upon justified request, any media no longer authorised for use shall be removed without undue delay.

§ 72 Drawings, CAD Files and Technical Documentation

Drawings, CAD files, samples, calculations, specifications, bills of materials, manufacturing documentation and technical concepts shall remain the property of ETARI GmbH or the respective rights holder.
Such documents may only be used for the contractual purpose for which they were provided.
Unless expressly permitted by mandatory law or with the prior written consent of ETARI GmbH, such documents shall not be disclosed to third parties, reproduced, reverse engineered, used for reproductions or evaluated for competing products.
Business Customers shall protect such documents against unauthorised access by implementing appropriate technical and organisational measures.
Statutory rights relating to trade secrets, copyrights, patents and other intellectual property rights shall remain unaffected.

§ 73 Patents, Utility Models and Registered Designs

Products or individual product components may be protected by patents, utility models, registered designs or other intellectual property rights.
The purchase of an original product does not grant any licence or right to manufacture, modify, reproduce or commercially exploit the protected product or any part thereof.
Patent notices, serial numbers, product markings and other protective notices must not be removed, altered or rendered illegible without legitimate reason.
If the customer becomes aware of a specific infringement of intellectual property rights belonging to ETARI GmbH by a third party, the customer shall inform ETARI GmbH accordingly. This shall not impose any legal obligation on the customer to enforce such rights.

§ 74 Customer Specifications and Indemnification (Business Customers)

Where a Business Customer instructs ETARI GmbH to manufacture, label, package or modify products in accordance with specifications supplied by that Business Customer, the Business Customer warrants that such specifications do not infringe any third-party rights.
The Business Customer shall indemnify and hold harmless ETARI GmbH against all justified third-party claims arising from such unlawful specifications, provided the Business Customer is responsible for the infringement.
The indemnity shall include all necessary and reasonable legal defence costs incurred. ETARI GmbH shall inform the Business Customer without undue delay of any asserted claims and shall provide a reasonable opportunity to participate in the defence.

§ 75 Data Protection

Information regarding the processing of personal data by ETARI GmbH, in particular the purposes of processing, legal bases, recipients, storage periods and the rights of data subjects, is set out in the current Privacy Policy.
The Privacy Policy is available in the online shop.
Where additional privacy notices apply to specific services, mobile applications, customer accounts, newsletters, payment methods or platform functions, such notices shall be provided separately.
The Privacy Policy shall not form part of the contractual terms insofar as it merely fulfils mandatory statutory information obligations.

§ 76 Loss of Data

In the event of the loss of digitally stored data, ETARI GmbH shall, subject to the liability provisions contained in these Terms and Conditions, only be liable for the costs that would have been required to restore the data from proper, risk-appropriate and regularly maintained backup copies.
This limitation shall not apply where, under the contract, ETARI GmbH alone was responsible for data backup or where the loss of data was caused intentionally or through gross negligence by ETARI GmbH.

§ 77 Measurement Results, Expert Opinions and Customer Decisions

ETARI GmbH shall not be liable for incorrect professional or commercial conclusions drawn by the user from technically accurate measurement results.
ETARI GmbH shall furthermore not be liable for damage resulting exclusively from unverified input data, incorrect vehicle identification, omitted calibration, unsuitable measuring conditions or use outside the documented technical specifications of the measuring device.
This shall not apply where ETARI GmbH is responsible for the relevant circumstances or where mandatory statutory claims exist.

§ 78 Improper Use and Contributory Fault

When assessing liability for damage, any improper use attributable to the customer, failure to comply with operating or safety instructions, use of unsuitable accessories or any other contributory fault on the part of the customer shall be taken into account in accordance with the applicable statutory provisions.
Statutory claims shall only be excluded in full where the damage was caused exclusively by circumstances for which ETARI GmbH is not legally responsible.
The burden of proof shall be governed exclusively by the applicable statutory provisions.

§ 79 Third-Party Content, Links and External Services

Where ETARI GmbH provides links to third-party websites, software, applications, cloud services, videos, documentation or other external content, such links are provided solely for the customer's convenience.
ETARI GmbH has no influence over the current or future content, availability or operation of third-party services and accepts no responsibility for such content unless liability is imposed under mandatory statutory law.
The respective provider shall remain solely responsible for the content and operation of any third-party service.

§ 80 General Limitation of Liability

ETARI GmbH shall be liable without limitation for damage resulting from intent or gross negligence.
In cases of ordinary negligence, ETARI GmbH shall only be liable for damage arising from injury to life, body or health or from the breach of an essential contractual obligation (cardinal obligation).
Where liability exists due to the negligent breach of an essential contractual obligation, it shall be limited to the foreseeable damage typical for the type of contract at the time the contract was concluded.
The above limitations of liability shall also apply to the legal representatives, employees, agents and vicarious agents of ETARI GmbH.
Liability under the German Product Liability Act (Produkthaftungsgesetz), mandatory statutory provisions or any expressly assumed guarantee shall remain unaffected.

§ 81 Limitation Period for Claims

Unless otherwise provided by mandatory statutory law or expressly stipulated elsewhere in these Terms and Conditions, claims against ETARI GmbH shall become time-barred in accordance with the applicable statutory limitation periods.
The statutory limitation periods applicable to claims arising from intent, gross negligence, injury to life, body or health, fraudulent concealment of defects, guarantees and liability under the German Product Liability Act shall remain unaffected.