Allgemeine Geschäftsbedingungen

General Terms and Conditions of Sale and Delivery of Abacus Resale GmbH         (as at: October 2022)

    1. Scope of Application
      1. The following General Terms and Conditions ("Terms") shall apply to the business relationship between Abacus Resale GmbH (Gutenbergstr. 29, 67240 Bobenheim-Roxheim, Tel: +49 6239 996 6555, Fax: +49 6239 997 4363, E-Mail: resale@ab-resale.com) ("Supplier", “Abacus Resale” or "we") and the Customer ("Customer").
      2. The Customer is a consumer insofar as the purpose of the ordered deliveries and services ordered cannot be predominantly attributed either to his commercial or self-employed professional activities (§ 13 BGB). An entrepreneur is a natural or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract (§ 14 BGB). Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs).
      3. Unless otherwise agreed in individual cases, all deliveries, services and offers of the Supplier are subject to these Terms and apply to all main or ancillary services of Abacus Resale. The Terms shall form an integral part of all contracts concluded by the Supplier with its customers; in regard to consumers this applies subject to their effective inclusion in the contract in accordance with § 305 et seq. BGB. With respect to customers who are entrepreneurs, and unless otherwise agreed, the Terms in the version valid at the time of the Customer's order, or respectively in the amended version in accordance with clause 1.4, shall also apply as a framework agreement for similar future deliveries, services or offers to the Customer without the need to refer to the Terms again in each individual case.
      4. With respect to customers who are entrepreneurs, the Supplier is entitled to amend or supplement these Terms at any time. The Customer has the right to object to any such an amendment or supplement. If the Customer does not object within 6 weeks after receipt of a respective notice of amendment, the amendments and supplements shall become effective. The Supplier shall inform the Customer of this right of objection when sending the notification of change.
      5. Deviating, conflicting or supplementary general terms and conditions of the Customer or third parties not become part of the contract unless and only to the extent that Abacus Resale has explicitly agreed to their validity in writing. This requirement of consent shall apply in all events, even when we render delivery/perform services without reservation whilst knowing of varying terms and conditions of our customer.
    2.  Offer and Conclusion of Contract
      1. The presentation of the goods and/or services (hereinafter the "Delivery Item") in our web shops does not constitute a legally binding offer, but merely an invitation to place an order (invitatio ad offerendum).  All offers of the Supplier are non-binding and subject to change, unless they are expressly marked as binding or contain a specific period of acceptance. This also includes cost estimates for repairs. The Supplier can accept orders or commissions within fourteen days of receipt.
      2. You can order goods and services in our websites (https://shop.ab-resale.com / and https://www.optimot.de/,...)  as a guest or as a registered user. As a registered user, you do not have to provide your personal data each time, instead you can simply log in to your customer account with your e-mail address and the personal password chosen by you during registration before or during the order process. Registration does not constitute any obligation to purchase the goods offered by us.
      3. Ordering in our websites
        1. By placing the products in the online store, we make a binding offer to conclude a contract for these items. You may place our products in the shopping basket without obligation and can correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. After submitting your customer data regarding for billing and shipping purposes, you select your shipping and payment methods.
        2. The contract is concluded when you accept the offer for the goods contained in the shopping basket by pressing the “buy now” button. Immediately after sending the order, you will receive confirmation by e-mail. This, however, does not constitute an acceptance of your contractual offer. A contract between you and us shall be concluded as soon as we accept your order and/or booking by means of a separate e-mail or when we dispatch the goods. The languages available for the conclusion of the contract are German and English.
        3. The contractual provisions showing details of the ordered goods and/or booked services, including these General Terms and Conditions and the cancellation policy, shall be sent to you by e-mail with the acceptance of the contractual offer or with the notification thereof. We do not store the contractual provisions.
      4. Orders by phone
        1. In the case of telephone customer consultations, customers who are consumers shall receive a written contract offer from us by e-mail or post following the conversation. A contract is between you and us is concluded when you accept this contract offer. With customers who are entrepreneurs, the contract can be concluded by telephone only.
        2. The contractual provisions with details of the ordered goods and/or booked services, including these General Terms and Conditions and the cancellation policy, will be sent to you by e-mail with the contract offer. We do not store the contractual provisions.
      5. The languages available for the conclusion of the contract are German and English only.
      6. Information provided by Abacus Resale regarding subject matter of the delivery and/or service (e.g. weights, dimensions, utility values, load-bearing capacity, tolerances and technical data) as well as our representations of the same (e.g. drawings and illustrations) are deemed to be approximate values only – unless the usability of the contractually intended purpose requires exact conformity or reference is explicitly made to them. These are not guaranteed characteristics, but merely descriptions or characteristics of the delivery or service. Deviations which are customary in trade and deviations which occur due to legal regulations or technical improvements as well as the replacement of components with equivalent parts are permissible insofar as they do not impair the usability for the contractually intended purpose.
      7. If an order is below a minimum net order value of EUR 100,00 then the supplier shall reserve the right to assess a minimum quantity surcharge in the amount of EUR 25.00 on the final net invoice amount.
    1. Prices and Payment
      1. Unless otherwise stated in the sales offer or our price lists or otherwise agreed in writing between Abacus Resale and the Customer, all prices are quoted net in euros (excluding value added tax at the applicable statutory rate) and are ex-works including loading in the warehouse. Not included are any additional services and the costs for packaging, loading and/or unloading, shipping, insurance, customs duties and other levies.
      2. Should Abacus Resale be additionally commissioned with the assembly and/or installation, supervision or commissioning of the delivery items, then Abacus Resale shall provide customer service technicians at the respective valid charge rates
      3. Unless otherwise stated in the sales offer or our price lists or if not otherwise agreed between Abacus Resale and the Customer, the payment shall be made to Abacus Resale without any deduction, either:
        1. Payable in advance against order confirmation or a pro forma invoice; The crediting of the Abacus Resale’s bank account shall determine the time of receipt of payment; or
        2. By cash payment on collection of the goods from Abacus Resale.
      4. The Customer shall only be entitled to withhold payments or to offset them against counterclaims insofar as his counterclaims are undisputed or have been legally established. In case of defects of the delivery, the rights of the Customer remain unaffected.
    2. Delivery, Period of Delivery and Delay
      1. We shall deliver the goods in accordance with the agreements made by the contracting parties. Any shipping costs are listed in the product description and shall be shown separately on the invoice.
      2. Compliance with the delivery time by the Supplier requires that all commercial and technical questions between the contracting parties have been clarified and that the Customer has fulfilled all obligations incumbent upon him, such as the provision of the necessary official certificates or approvals or the advance payments. If this is not the case, the delivery period shall be extended accordingly. This shall not apply if the Supplier is responsible for the delay.
      3. Compliance with the delivery period is subject to correct and timely delivery to Abacus Resale. The Supplier shall inform the Customer as soon as possible of any impending delays.
      4. The delivery period shall be deemed to have been complied with if the delivery item has left the Supplier's works or notification of readiness for dispatch has been given by the time the delivery period expires. Insofar as acceptance is to take place, the notification of readiness for acceptance shall be decisive, except in the case of justified refusal of acceptance.
      5. Should dispatch or acceptance of the delivery item be delayed for reasons for which the Customer is responsible, then the Customer shall be charged for the costs incurred as a result of the delay, starting one month after notification of readiness for dispatch or acceptance.
      6. Events of force majeure entitle Abacus Resale to postpone delivery and/or performance for the duration of the hindrance and a reasonable start-up period. Force majeure includes strikes, lock-outs, mobilisation, war, blockades, export and import bans, shortages of raw materials and fuel, fire, traffic blockages, disruptions to operations or transport, pandemics (e.g. the Corona pandemic) and other circumstances for which Abacus Resale is not responsible irrespective of whether they occurred at the Supplier's, the Supplier's sub-supplier's or one of its sub-suppliers' premises. Abacus Resale will inform the Customer of the beginning and end of such circumstances as soon as possible. If such events make it considerably more difficult or impossible for the Supplier to deliver and/or perform and if the hindrance is not only of a temporary nature, the Supplier shall be entitled to withdraw from the contract in whole or in part with regard to the part not yet fulfilled. The Customer may request Abacus Resale to declare whether Abacus Resale will withdraw from the contract or deliver within a reasonable period of time. If Abacus Resale does not make a declaration, the Customer may withdraw from the contract.
      7. The following applies to customers who are entrepreneurs: If Abacus Resale is in default and the Customer suffers damage as a result, the Customer shall be entitled to demand a lump-sum compensation for default. This compensation amounts to 0.5% for each full week of delay, but maximum of 5% in total of the value of that part of the total delivery which cannot be used on time or in accordance with the contract as a result of the delay. We reserve the right to assert and prove lower delay costs.
      8. To a reasonable extent, the Supplier shall be entitled to make partial deliveries.
    3. Transfer of Risk and Acceptance
      1. The risk shall pass to the Customer when the delivery item has left the factory, even if partial deliveries are made or the Supplier has assumed other services, e.g. the shipping costs or delivery and installation. Insofar as acceptance is to take place, this shall be decisive for the passing of risk. Acceptance must be carried out without delay on the acceptance date, alternatively after Abacus Resale has notified the Customer that the goods are ready for acceptance and that any contractually agreed testing of the delivery item has taken place. The Customer may not refuse acceptance in the event of a non-significant defect.
      2. If dispatch or acceptance of the delivery item are delayed for reasons for which the Customer is responsible, the risk shall pass to the Customer from the date of notification of readiness for dispatch or acceptance. In addition, the costs incurred by the delay, including storage costs, shall be charged to the Customer.
      3. Abacus Resale undertakes to take out the insurance policies requested by the Customer at the Customer's expense.
      4. Contractually agreed acceptances shall take place at a location in Germany as selected by Abacus Resale. This location shall be specified before conclusion of the contract. For the acceptance test, the specifications according to DIN 1944/III or DIN ISO 9906 shall apply. Abacus Resale shall only bear the expenses incurred by Abacus Resale itself for the acceptance test; the expenses incurred by the Customer, e.g. for participation in the acceptance test, shall be borne by the Customer itself.
    4. Retention of Title
      1. The delivery item shall remain the property of the Supplier until payment has been made in full. The goods as well as the replaced goods are covered by the retention of title in accordance with clause 6.5. These items shall hereinafter be referred to as "goods subject to retention of title".
      2. The Customer shall store the reserved goods free of charge for Abacus Resale. As long as ownership has not yet passed to the Customer, the Customer shall be obliged to treat the retained goods with care. If maintenance and inspection work need to be carried out, the Customer shall carry this out in good time at his own expense.
      3. As long as the Customer is not in default, he is entitled to resell, treat and process the reserved goods in the normal course of business. Pledging or transfer of ownership by way of security for the goods subject to retention of title is not permitted. The Customer may only resell the reserved goods subject to the proviso that the claim arising from the resale is transferred to the Supplier to the extent determined in the following provisions. The Customer is not entitled to dispose of the reserved goods in any other way. By way of security, the Customer hereby assigns in advance and to the full extent all claims arising from the resale of goods, including, if applicable, the altered, blended, mixed goods (ref. clause 6.5); the assignment is accepted. If the realisable value of the assigned claims exceeds our claims against the Customer by more than 10%, we shall release securities of our choice at the Customer's request.
      4. The Customer is entitled to collect the claims assigned to Abacus Resale until these are revoked or as long as he is not in default vis-à-vis Abacus Resale. Abacus Resale is entitled to revoke this authorisation for a valid reason, in particular if the Customer is in default vis-à-vis Abacus Resale. In such a case, the Supplier shall be entitled to revoke the authorisation to sell the reserved goods and to collect the claims assigned to him. Furthermore, in such a case the Supplier shall be entitled to demand the return of the reserved goods, without the Customer being entitled to a right of retention against this claim for return and without the Supplier thereby revoking the contract, unless he has declared the revocation to the Customer in writing. In addition, Abacus Resale may inform the third-party debtor of the assignment; for this purpose, the Customer shall provide Abacus Resale with the necessary documents and the necessary information.
      5. In the event of processing, mixing or blending of the reserved goods with other goods not belonging to Abacus Resale, it is agreed that a corresponding co-ownership share in the new item or the new stock in the ratio of the value of the goods delivered by the Supplier to the total value of the new item or the new stock shall be due to the Supplier and shall take the place of the former reserved goods. If the goods subject to retention of title are resold together with other goods, irrespective of whether this occurs without or after processing, connecting, mixing or blending, the advance assignment agreed above shall only apply in the amount of the value of the retention of title which, together with the other goods, are subject of the sales transaction.
      6. Should third parties gain access to the reserved goods, in particular by seizure, the Customer shall immediately draw their attention to the Abacus Resale’s ownership of and inform Abacus Resale thereof in order to enable us to enforce our rights of ownership. In addition, if the third party is not capable to reimburse the Supplier for the court or out-of-court costs incurred in this connection, the Customer shall be liable for these costs to the Supplier. If the Customer files for insolvency proceedings, Abacus Resale is entitled to withdraw from the contract and to demand the immediate return of the delivered goods.
      7. During the period of retention of title, Abacus Resale shall be entitled to insure the delivery item against theft, breakage, fire, water and other damage at the Customer’s expense, unless the Customer can prove that it has taken out the insurance himself.
      8. If Abacus Resale withdraws from the contract in due to a breach of contract by the Customer - in particular default of payment – the Supplier shall be entitled to demand the return of the goods. Abacus Resale shall be entitled to realise the goods subject to retention of title after taking them back. After deduction of a reasonable amount for the costs of realisation, the proceeds of realisation shall be set off against the amounts owed to the Supplier by the Customer.
    5. Warranty
      1. The statutory provisions shall apply to the Customer's rights in the event of material defects and defects of title (including incorrect delivery and short delivery as well as improper assembly or defective assembly instructions), unless otherwise stipulated in these GTC.
      2. In the case of contracts with customers who are entrepreneurs, the statutory provisions shall apply with the following proviso:
        1. Material and Legal Defects
          1. We do not assume any warranty and/or liability for public statements of any manufacturer or other third parties (for example advertising statements) if the Customer has not informed us that these are decisive for his purchase.
          2. The Customer's claims for defects are subject to the condition that the Customer has fulfilled its statutory obligations to inspect the goods and give notice of defects (Sections 377, 381 HGB). In the case of building materials and other goods intended for installation or other further processing, an inspection must be carried out immediately before installation or processing. Should a defect become apparent during delivery, inspection or at any later time, Abacus Resale must be notified thereof in writing without delay. In any case, obvious defects must be notified in writing within seven working days of delivery and defects not apparent on inspection within the same period of time from discovery. If the Customer fails to carry out the proper inspection and/or give notice of defects, our liability for the defect not reported or not reported in time or not reported properly shall be excluded in accordance with the statuary provisions.
          3. Upon request, the Customer shall give Abacus Resale the opportunity to inspect the goods in the condition in which they are at the time of discovery of the defect and to ascertain whether they really are defective. The Customer shall also give Abacus Resale the opportunity to do so in terms of work and space. If the Customer unjustifiably fails to give Abacus Resale the opportunity to remedy the defect within a reasonable period of time, all claims for defects for any consequences resulting from this failure shall be forfeited.
          4. In the event of material defects in the delivered goods, Abacus Resale shall be obliged and entitled to – at the Supplier's discretion – repair the defect or to make a replacement delivery in accordance with the statutory provisions within a reasonable period of time. The cure (“Nacherfüllung”) shall neither include the removal of the defective item nor it’s re-installation unless we were originally obliged to install it. Only in urgent cases that endanger the operational safety or to prevent disproportionately larger damages, does the Customer have the right to remedy the defect himself or to have it remedied by third parties and to demand compensation from Abacus Resale for the required and reasonable expenses. In such a case the Customer must be inform the Supplier immediately.
          5. Abacus Resale is obliged to bear the expenses necessary for the purpose of the cure (subsequent performance), in particular transport, travel, labour and material costs as well as, if applicable, dismantling and installation costs, insofar as these are not increased by the fact that the goods were taken to a place other than the place of performance, unless the transfer corresponds to their intended use. If and to the extent that a defect did not exist, we may demand reimbursement from the Customer for the costs incurred as a result of the unjustified request to remedy the defect (in particular inspection and transport costs), unless the absence of a defect was not apparent to the Customer.
          6. The warranty shall be excluded – insofar as they are not the responsibility of the supplier - in the event of (i) unsuitable or improper use of the delivery item, (ii) faulty assembly or commissioning by the buyer or third party, (iii) natural wear and tear, (iv) faulty or negligent handling, (v) improper maintenance, (vi) use of unsuitable operating materials, (vii) faulty construction work or unsuitable foundations, (viii) chemical, electrochemical or electrical influences, (ix) if the Customer or third parties modify the delivery item without the consent of Abacus Resale and the rectification of defects is thereby made impossible or unreasonably difficult; in such cases the Customer shall bear the additional costs of remedying the defect resulting from the modification. Our warranty shall also cease to apply if the serial number on the purchased object is removed by the Customer.
          7. Replaced parts shall become the property of Abacus Resale, unless the parts need to be disposed of separately, e.g. in the case of CBRN-contamination (chemically, biologically, radioactive or nuclear), unless Abacus Resale is responsible for this, the Customer is responsible for the proper disposal at his own expense.
        2. Defects of Title
          1. In the event of defects in components from other manufacturers which Abacus Resale cannot remedy for license-related or factual reasons, Abacus Resale shall assert the warranty claims against such manufacturers and suppliers on account of the Customer or assign them to the Customer at its discretion. In the case of such defects, warranty claims against us under the other requirements and in accordance with these General Business Terms and Conditions exist only if legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, e.g. due to insolvency. During the duration of the legal dispute, the statute of limitations of the relevant warranty claims of the Customer against Abacus Resale shall be suspended.
          2. If the use of the delivered product leads to the infringement of industrial property rights or copyrights in Germany, Abacus Resale shall, at its own expense, fundamentally obtain the right for the Customer to continue using the delivered item or to modify the item in a manner reasonable for the Customer so that the infringement of property rights no longer exists. If this is not possible at economically reasonable conditions or within a reasonable period then the Customer shall have the right to withdraw from the contract. Under the aforesaid conditions, Abacus Resale is also entitled to withdraw from the contract. In addition, Abacus Resale shall indemnify the Customer from undisputed or legally binding claims of the affected owners of the property rights.
          3. The obligations of Abacus Resale as specified in Clause 7.2.2.2 are, subject to Clause 8, in the event of an industrial property rights or copyright infringement. Any claim of the Customer in this respect is, however, subject to the following conditions: (i) the Customer informs Abacus Resale without undue delay of asserted infringements of property rights or copyrights, (ii) the Customer supports Abacus Resale to a reasonable extent in the defence against asserted claims or enables the Supplier to perform modification measures in accordance with Clause 7.2.2. 2, (iii) Abacus s granted the right to take all defensive measures including extrajudicial settlements, and (iv) the defect of title is not due to an instruction issued by the Customer and the infringement was not caused by the fact that the Customer modified the delivery item without authorisation or used it in a non-contractual manner.
    6. Liability, Revocation
      1. Unless otherwise stated in these GTC, our liability for any breach of contractual and non-contractual duties shall be in accordance with the statutory provisions applicable.
      2. We shall be liable for damages - irrespective of the legal grounds in case of intent and gross negligence. In the event of simple negligence, our liability shall be limited to the statutory regulations (particularly, but not only, diligence in our own affairs; insignificant breach of duty; contributory negligence):
        1. For damages resulting from injury to life, body and health
        2. For damages arising from the breach of an essential contractual obligation (obligation, the fulfilment of which is fundamental to the proper execution of the contract and upon which the Customer can justifiably rely); in this case, however, our liability shall be limited to compensation foreseeable and typically occurring damages.
      3. The limitations of liability as set forth in clause 8 shall also apply to third parties as well as to breaches of duty by persons (also to their favour) for whose faults we are responsible for according to statutory provisions. They shall not apply if a defect has been fraudulently concealed or a warranty for the quality of the goods has been assumed. The same applies to claims of the Customer under the Product Liability Acts.
      4. The Customer shall bear the sole responsibility for the documents to be provided by him, such as drawings, gauges, samples or similar. The Customer shall be responsible for ensuring that the working drawings submitted by him do not infringe the property rights of third parties. Abacus Resale is not obliged to verify with the Customer that the submission of offers based on the documentation submitted to it infringes any property rights of third parties. Furthermore, we are entitled to rely on the information provided by the Customer and, unless explicitly agreed otherwise, we are not responsible for evaluating or checking the accuracy of the information. Should Abacus Resale nevertheless be held liable, the Customer shall indemnify Abacus Resale against any third-party claims.
    7. Warranty Period and Limitation
      1. The warranty period for material and legal defects shall be (i) six (6) months for customers who are entrepreneurs and (ii) two (2) years for customers who are consumers. With regard to the delivery of used goods we shall only be liable for a defect that has become apparent within one year of the delivery of the item. Irrespective of the Customer's knowledge of a defect, the period shall commence from the time of delivery to or acceptance of the Customer. This shall not apply insofar as special statutory provisions on limitation exist (in particular Section 438 para. 1 no. 1, no. 2, para. 3, Sections 444, 445b, 634 a para. 1 no. 2 BGB). 
      2. The above periods of limitation shall also apply to both contractual and non-contractual claims for damages by the Customer based on a defect of the goods. In individual cases, the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period. This shall not apply to the Customer's claims for damages under clause 8.2.1 and 8.2.2 and to claims under the Product Liability Act; these shall become time-barred exclusively in accordance with the statutory limitation periods.
    8. Usage of Software
      1. Insofar as software is included in the scope of delivery, the Customer shall be granted a spatially unrestricted, non-transferable, non-exclusive right to use the software supplied, including its documentation, in accordance with the provisions of this contract. Exclusive rights allowing the use of the software shall only be granted if this has been explicitly agreed. All other rights to the software and the documentation, including copies, remain with Abacus Resale or the software supplier. The granting of sub-licences is not permitted. In the event that third party software is provided, rights shall only be granted to the extent provided by the third party.
      2. The duration of the right of usage shall be determined in accordance with the agreements between the parties. In the event that period for the usage of the software is limited, the right of use shall expire upon expiry of the time period or termination of the contract.
      3. The software shall be provided for use within the scope of the purpose of the contract. Unless otherwise agreed, use of the software on more than one system is not allowed. In this case, system means the computer system in the direct possession of the Customer and for the fulfilment of the purpose of use. The software may not be used beyond the contractually agreed scope.
      4. The Customer may only reproduce, revise, translate or decompile the software to the extent permitted by law (Sections 69a ff. UrhG (German Copyright Act)), insofar as no permissible restrictions are imposed by these GTC.
      5. The Customer undertakes not to remove any manufacturer's details - in particular copyright notices - or to change them without the Abacus Resale’s prior explicit consent
    9. Other Terms and Provisions
      1. The Customer undertakes to comply with all applicable export control regulations and embargoes. The Customer shall inform Abacus Resale without delay if the delivery item is destined to be delivered to a country, a natural or a legal person that is subject to export restrictions or embargoes. This shall also apply if the Customer subsequently becomes aware of this fact. The Customer is responsible for obtaining the relevant export licences unless Abacus Resale has expressly assumed responsibility for obtaining them. In either case, delivery shall only be made after the relevant licence has been granted and the delivery dates shall be adjusted accordingly. If the permit is not granted within a reasonable period of time, the parties shall be entitled to terminate the contract.
      2. Customers who are entrepreneurs shall waive the return of packaging and shall dispose of it correctly.
    10. Right of Revocation

In accordance with the statutory provisions, Customers who are consumers have a right to withdraw from the contract. The cancellation policy can be downloaded from the following link https://shop.ab-resale.com/Cancellation-Instructions

    1. Place of Performance, Jurisdiction, Applicable Law
      1. The place of performance for all obligations arising from or in connection with the contractual relationship is Bobenheim-Roxheim, unless otherwise specified.
      2. This contract shall be governed exclusively by the laws of the Federal Republic of Germany. The applicability the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) is excluded. This shall only apply to customers who are consumers if (a) they have their habitual residence in Germany, or (b) their habitual residence is in a country that is not a member of the European Union. In the event that their habitual residence is in a member state of the European Union, the German law shall apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
      3. If the Customer is a merchant, a legal entity under public law or a special fund under public law or if he has no general place of jurisdiction in the Federal Republic of Germany, it is agreed that the place of jurisdiction for all legal disputes arising from the contractual relationship shall be Bobenheim-Roxheim. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
      4. The EU Commission offers the possibility of an online dispute resolution on an online platform hosted by it. This platform can be reached via the external link https://ec.europa.eu/consumers/odr . We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
      5. The assignment of rights arising from the contractual relationship by the Customer is only permissible with the prior written consent of Abacus Resale.
      6. Insofar as the contract or these General Terms and Conditions contain regulatory gaps, the legally effective provisions which the contracting parties would have agreed to in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions if they had been aware of the gaps, shall be deemed to have been agreed in order to fill these regulatory gaps.
      7. For information regarding the processing of your data, please read our data protection information, which you can access under the following link https://shop.ab-resale.com/Privacy