General Terms and Conditions for Private Customers

General Terms and Conditions for Private Customers

§1 Scope of Application

These General Terms and Conditions, in the version in force at the time the relevant contract is concluded, apply to all mutual claims arising out of or in connection with any contract concluded between the Customer and Opis Technology GmbH through our online shop. In the event of any conflict, the following order of precedence applies: 1. these General Terms and Conditions; 2. the applicable statutory provisions.

§2 Eligible Customers

Opis Technology GmbH concludes contracts with customers who are (a) natural persons with full legal capacity who have reached the age of 18, and (b) legal persons, in each case resident or established in the Federal Republic of Germany, a Member State of the European Union, or Switzerland (together, "Customers"). Where Opis Technology GmbH has mistakenly accepted the offer of a customer who does not meet these requirements, Opis Technology GmbH is entitled to withdraw from the contract by notice to the Customer within a reasonable period.

§3 Subject Matter of the Contract

Opis Technology GmbH shall supply the goods ordered by the Customer or provide the services covered by the accepted offer; in all other respects, § 434 BGB applies. Where the contract is withdrawn from or cancelled, Opis Technology GmbH shall without delay credit any deposits and/or advance payments made, or, if requested, refund them by bank transfer.

§4 Formation of the Contract

The contract is formed when an order is placed by clicking the order button, labelled, for example, "Order with obligation to pay" or "Buy now". We confirm receipt of the order immediately by an automatically generated email; this email constitutes our acceptance of your offer.

§5 Right of Withdrawal

Consumers have a statutory right of withdrawal in respect of this contract. The full withdrawal instructions, the model withdrawal form, and our electronic withdrawal button can be found in our separate Withdrawal Instructions / Return Policy, which forms part of these Terms and Conditions.

§6 Intentionally Omitted

§7 Unavailability of Ordered Goods or Services

If, after receiving an order, Opis Technology GmbH determines that the goods or services ordered are no longer available, any payments already made will be refunded without delay. Opis Technology GmbH may offer goods or services of equivalent quality and price; the Customer is under no obligation to accept these and, in that case, shall not bear the cost of any return.

§8 Delivery / Shipping Costs

Subject to Opis Technology GmbH itself being supplied correctly and on time, Opis Technology GmbH will arrange for prompt delivery. If only part of an order is immediately available, the remaining goods will be delivered subsequently without any additional shipping charge.

§9 Price, Payment Terms

All prices quoted are final prices and include statutory VAT. Invoices show, in addition to the net price of the goods, the charges for any additional services (e.g. shipping) and the applicable VAT. Opis Technology GmbH reserves the right, in individual cases and as a means of managing credit risk, to exclude certain payment methods and to make delivery conditional on advance payment.

§10 Retention of Title

Opis Technology GmbH retains title to all goods delivered until the purchase price has been paid in full. Where Opis Technology GmbH replaces goods under warranty, title to the goods being replaced passes, and title to the replacement goods passes correspondingly, at the moment Opis Technology GmbH receives the original goods back from the Customer or the Customer receives the replacement, as applicable.

§11 Warranty

Opis Technology GmbH warrants that, at the time risk passes, the products are free from material defects and defects of title within the meaning of §§ 434, 435 BGB. If delivered goods show obvious material or manufacturing defects, including transport damage, the Customer is asked to report these as promptly as possible; failure to do so has no effect on the Customer's statutory rights. In all other respects, the statutory provisions under §§ 434 ff., 475 BGB apply.

The warranty period for new goods is two years from delivery of the goods; for used goods marked as refurbished or as display/demonstration items, the period is twelve months. In the event of a defect, the Customer may, at its option, demand that the defect be remedied or that defect-free goods be supplied, in accordance with § 439 BGB; further details are set out in §§ 439, 437 BGB.

Where we voluntarily offer a durability guarantee of more than two years for individual products, we indicate this separately on the relevant product page using the prescribed warranty labelling. Where goods contain digital elements (e.g. firmware), our update obligations are governed by § 327e BGB, to the extent applicable.

§12 Liability

Opis Technology GmbH, its management, and its employees are liable without limit for intent and gross negligence. Opis Technology GmbH is liable to the full extent required by law for culpable injury to life, body or health, for culpable breach of essential contractual obligations, for fraudulent misrepresentation, and for claims under § 437 Nr. 2 BGB. In cases of ordinary negligence, liability for breach of essential contractual obligations is limited to the foreseeable loss typical for contracts of this kind. Liability under the German Product Liability Act remains unaffected.

In the case of data loss, Opis Technology GmbH is liable only if the Customer can demonstrate that it backed up its data regularly; liability is limited to the cost of restoring the data from an existing backup copy, except in cases of intent or gross negligence.

§13 Governing Law, Dispute Resolution

German law applies to the legal relationship between Opis Technology GmbH and its Customers. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is excluded. This does not affect any mandatory consumer protection provisions of the country in which the Customer has their habitual residence, provided the Customer took the legal steps necessary to conclude the contract in that country.

The European Commission discontinued its Online Dispute Resolution platform (ODR platform) in July 2025. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

§14 Miscellaneous

The Customer has no right of set-off or retention unless the claim in question is undisputed or has been finally and bindingly established. Should individual provisions of this contract be invalid, the validity of the remaining provisions shall be unaffected.

The website we operate, together with all of its content, in particular text, photographs, images, graphics and software, is protected by intellectual property rights. Any use beyond browsing and purchasing goods requires our prior written consent.

Dresden shall be the exclusive place of jurisdiction where the Customer is a merchant within the meaning of the HGB or a legal entity under public law.

§15 Data Protection

Information on the processing of your personal data can be found in our Privacy Policy.

Last updated: September 2026