Terms & Conditions
1. Introduction
1.1. General Information Welcome to the official website of Olive Robotics GmbH (“Company,” “we,” “us,” or “our”). By accessing, browsing, or using this website (www.olive-robotics.com), or by purchasing our products or services, you (“Customer,” “you,” or “your”) agree to comply with and be bound by these Terms and Conditions (the “Terms”). These Terms, together with our Privacy Policy, govern your relationship with Olive Robotics GmbH and apply to all interactions with our website, products, and services. Your access to and use of the website, including any content, functionality, and services offered on or through the website, is conditioned upon your acceptance of and compliance with these Terms. If you do not agree to these Terms, you must refrain from using our website and services immediately. 1.2. Company Information Olive Robotics GmbH is a company incorporated and registered under the laws of the Federal Republic of Germany. Our principal office is located at: Olive Robotics GmbH Daimlerstraße 7 85521 Ottobrunn Germany The company is registered with the commercial register of the local court of Munich under the registration number HRB 281200 (Amtsgericht München, Registration Date: 21.12.2022). Our VAT identification number is DE358511336. The official language for all communications, contracts, and legal documents is German, although we may provide translations for convenience. For any inquiries, customer support, or other communications, you can reach us at: • Email: contact@olive-robotics.com / support@olive-robotics.com / sales@olive-robotics.com • Phone: +49 151 5666 5426 1.3. Purpose and Scope These Terms and Conditions outline the rules and regulations governing your use of our website and the purchase and use of our products and services. They are designed to protect both your rights as a customer and our rights as a business. By establishing clear guidelines, we aim to ensure a fair and transparent relationship with all our customers. This document addresses various aspects of our business relationship, including but not limited to the ordering process, pricing, payment terms, shipping, delivery, returns, warranties, and limitations of liability. Whether you are a private consumer or a business entity, these Terms apply to you whenever you interact with Olive Robotics GmbH. 1.4. Acceptance of Terms By using our website or purchasing our products or services, you affirm that you are of legal age to form a binding contract with Olive Robotics GmbH and meet all eligibility requirements under applicable law. If you are using the website on behalf of a business or other legal entity, you warrant that you have the authority to bind that entity to these Terms. Your acceptance of these Terms is indicated by any of the following actions: • Accessing, browsing, or using our website. • Creating an account on our website. • Placing an order for any product or service. • Engaging in any communication or transaction with us. If you do not agree to these Terms, please do not use our website or services. 1.5. Modifications to the Terms Olive Robotics GmbH reserves the right to modify, amend, or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically to ensure you are aware of any updates or changes. Your continued use of the website or our services after any changes to these Terms will constitute your acceptance of those changes. If any part of these Terms is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in full force and effect. 1.6. Language and Jurisdiction These Terms and Conditions are originally written in German, and any translation provided is for convenience only. In the event of any inconsistency or conflict between the German version and the translation, the German version shall prevail. All interactions with Olive Robotics GmbH are governed by the laws of the Federal Republic of Germany. The courts of Munich, Germany, shall have exclusive jurisdiction over any disputes arising from or relating to these Terms and Conditions or your use of our website and services. 1.7. Privacy Policy Our commitment to your privacy is outlined in our Privacy Policy, which explains how we collect, use, and protect your personal data. By using our website or purchasing our products and services, you also agree to our Privacy Policy. It is important that you read and understand this policy before using our services. 1.8. Contact Information If you have any questions, concerns, or feedback regarding these Terms, or if you need assistance with any aspect of our services, please contact us at: Olive Robotics GmbH Daimlerstraße 7 85521 Ottobrunn Germany Email: contact@olive-robotics.com We value your input and strive to provide excellent customer service, so please do not hesitate to reach out to us with any inquiries. 2. Definitions For the purpose of these Terms and Conditions, the following terms shall have the meanings ascribed to them below. These definitions are intended to clarify the terms used throughout this document and ensure a mutual understanding between Olive Robotics GmbH and the Customer. 2.1. “Company” The term “Company” refers to Olive Robotics GmbH, a company duly incorporated and registered in Germany. The Company’s principal place of business is located at Daimlerstraße 7, 85521 Ottobrunn, Germany. Olive Robotics GmbH is engaged in the development, manufacturing, marketing, and sale of robotic systems, embedded electronics, sensors, and related products and services. 2.2. “Customer” The term “Customer” refers to any natural person, legal entity, or organization that purchases or intends to purchase products or services from Olive Robotics GmbH. This term encompasses both individual consumers and business entities, regardless of whether they are acting in a professional capacity or as private individuals. • “Consumer” refers to a natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession, as defined under § 13 BGB (German Civil Code). • “Business” refers to any legal entity or natural person acting in the exercise of their commercial, professional, or trade activities, either directly or through another person acting on their behalf, as defined under § 14 BGB. 2.3. “Products” The term “Products” refers to all tangible goods and digital content offered for sale by Olive Robotics GmbH. This includes, but is not limited to, robotic hardware, embedded systems, sensors, software applications, accessories, and any related technical documentation or manuals. Products may be standard items available from stock or custom-made items tailored to the specific requirements of the Customer. • “Hardware” refers to the physical components of robotic systems, sensors, and embedded electronics sold by Olive Robotics GmbH. • “Software” refers to any software applications, firmware, or digital content developed, licensed, or distributed by Olive Robotics GmbH, whether provided on physical media, as a download, or pre-installed on hardware. • “Accessories” refers to ancillary items that are used in conjunction with the primary hardware or software products, such as cables, connectors, mounting brackets, and power supplies. • “Custom-Made Products” refers to products that are manufactured or configured according to the specific instructions, designs, or specifications provided by the Customer. These products are often unique and may not be resellable to other customers. 2.4. “Services” The term “Services” refers to all non-tangible deliverables provided by Olive Robotics GmbH. This includes, but is not limited to, consulting, installation, technical support, training, maintenance, and repair services related to the Company’s products. • “Consulting Services” refers to professional advice and expertise provided by Olive Robotics GmbH in areas such as system design, project management, and product integration. • “Technical Support” refers to assistance provided by Olive Robotics GmbH to address technical issues, troubleshoot problems, and provide guidance on the use of the Company’s products. • “Training Services” refers to educational programs and sessions offered by Olive Robotics GmbH to help Customers understand and effectively use the Company’s products. 2.5. “Contract” The term “Contract” refers to a legally binding agreement formed between Olive Robotics GmbH and the Customer when the Company accepts an order placed by the Customer. This contract governs the sale of products or provision of services and includes these Terms and Conditions, as well as any other specific terms agreed upon in writing. • “Order” refers to a formal request made by the Customer to purchase products or services from Olive Robotics GmbH, whether made through the Company’s website, by email, or via any other agreed-upon method. • “Order Confirmation” refers to the communication issued by Olive Robotics GmbH acknowledging the receipt and acceptance of the Customer’s order, at which point the Contract is formed. 2.6. “Website” The term “Website” refers to the online platform operated by Olive Robotics GmbH, located at www.olive-robotics.com. The Website serves as the primary interface for Customers to access information about the Company’s products and services, place orders, download documentation, and contact the Company. The Website is subject to these Terms and Conditions, and any interactions on the Website are governed by the applicable laws and regulations. 2.7. “Personal Data” The term “Personal Data” refers to any information relating to an identified or identifiable natural person (“Data Subject”) that Olive Robotics GmbH collects, processes, or stores in the course of conducting business. This definition is in line with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). Examples of Personal Data include, but are not limited to, the Customer’s name, address, email address, payment information, and IP address. • “Data Subject” refers to the individual whose personal data is processed by Olive Robotics GmbH. • “Processing” refers to any operation performed on Personal Data, including collection, storage, use, disclosure, and deletion, as defined under Article 4 of the GDPR. 2.8. “Third-Party Services” The term “Third-Party Services” refers to any services provided by entities other than Olive Robotics GmbH, which may be used in conjunction with the Company’s products or services. This includes services such as payment processing, shipping, and external software platforms. The use of Third-Party Services is subject to the terms and conditions of the respective providers, and Olive Robotics GmbH assumes no responsibility for the performance or reliability of these services. 2.9. “Intellectual Property” The term “Intellectual Property” refers to all intellectual property rights, including but not limited to patents, trademarks, copyrights, design rights, trade secrets, and proprietary information owned or licensed by Olive Robotics GmbH. These rights protect the Company’s innovations, brand identity, and creative works. Unauthorized use of Olive Robotics GmbH’s Intellectual Property is strictly prohibited. 2.10. “Force Majeure” The term “Force Majeure” refers to any event or circumstance beyond the reasonable control of Olive Robotics GmbH that prevents the Company from fulfilling its obligations under a Contract. Such events may include, but are not limited to, natural disasters, war, terrorism, strikes, government actions, pandemics, and other unforeseen events. In the event of a Force Majeure, Olive Robotics GmbH will be excused from performance of its obligations to the extent and for the duration that such performance is prevented or delayed by the Force Majeure. 2.11. “Confidential Information” The term “Confidential Information” refers to any non-public information disclosed by one party to the other in connection with a Contract, which is designated as confidential or would reasonably be understood to be confidential based on the nature of the information and the circumstances of disclosure. Confidential Information may include business plans, financial data, technical specifications, trade secrets, and proprietary processes. Both Olive Robotics GmbH and the Customer agree to protect and not disclose the other party’s Confidential Information without prior written consent. 2.12. “Restocking Fee” The term “Restocking Fee” refers to a fee charged by Olive Robotics GmbH for the return of goods that are not defective and were not shipped in error. The Restocking Fee compensates the Company for the costs associated with processing the return, inspecting the goods, and restocking the items. The amount of the Restocking Fee will be specified in the relevant section of these Terms and Conditions or communicated to the Customer at the time of return authorization. 2.13. “Warranty” The term “Warranty” refers to the commitment made by Olive Robotics GmbH regarding the quality and performance of its products. The Warranty outlines the conditions under which the Company will repair, replace, or refund defective products, as well as any limitations or exclusions. The specific terms of the Warranty are provided in the product documentation and in the relevant sections of these Terms and Conditions. 2.14. “Liability” The term “Liability” refers to the legal responsibility of Olive Robotics GmbH for any loss, damage, or harm caused to the Customer as a result of the Company’s actions or omissions. The extent of the Company’s Liability is governed by these Terms and Conditions and applicable law, including limitations and exclusions that aim to minimize the Company’s exposure to financial and legal risks. This detailed section helps ensure that all key terms used in the “Terms and Conditions” are clearly defined, which reduces ambiguity and potential legal disputes. It also establishes a strong foundation for the rest of the document by making the obligations and rights of both Olive Robotics GmbH and the Customer clear from the outset. 3. Legal Framework and Governing Law 3.1. Governing Law The relationship between Olive Robotics GmbH and its customers is governed by the laws of the Federal Republic of Germany. This includes, but is not limited to, the German Civil Code (Bürgerliches Gesetzbuch or BGB), the Commercial Code (Handelsgesetzbuch or HGB), and other applicable German statutes and regulations. These laws apply to all aspects of the contractual relationship, including but not limited to the formation, execution, and interpretation of contracts. 3.1.1. German Civil Code (BGB) The BGB is the central legal code in Germany that governs most aspects of civil law, including contracts, property, family, and inheritance law. For contracts, the BGB outlines the rights and obligations of both parties, including offer and acceptance, terms of performance, and consequences of breach. Specific sections relevant to our transactions include: • § 305-310 BGB: These sections regulate the use of general terms and conditions (AGB) and ensure that such terms are fair and transparent. • § 312g BGB: This section provides the basis for the right of withdrawal in distance selling contracts, particularly relevant to consumer transactions. • § 433 BGB: This section governs the obligations arising from a sales contract, including the transfer of goods and payment obligations. • § 447 BGB: This section covers the transfer of risk during shipping, as mentioned earlier in our terms. 3.1.2. Commercial Code (HGB) The HGB applies primarily to business-to-business (B2B) transactions and contains provisions specific to merchants and commercial transactions. Key areas include: • Commercial Purchase Law (Handelskauf): The HGB contains specific rules on commercial sales contracts, including obligations for prompt inspection and notification of defects (HGB § 377). • General Commercial Obligations: The HGB outlines the general obligations of merchants, including principles of good faith, due diligence, and the obligation to act in a professional and businesslike manner. 3.2. European Union Regulations As a company operating within the European Union, Olive Robotics GmbH adheres to the relevant EU directives and regulations that impact our operations, especially those concerning consumer protection, data privacy, and e-commerce. The following are key EU regulations that affect our terms and conditions: 3.2.1. General Data Protection Regulation (GDPR) - Regulation (EU) 2016/679 The GDPR is the primary law regulating how companies protect EU citizens’ personal data. Olive Robotics GmbH fully complies with GDPR, ensuring that any personal data collected, processed, or stored is handled in accordance with the highest standards of data protection. Key principles under GDPR include: • Lawfulness, Fairness, and Transparency: We ensure that data collection is transparent, with clear information provided to customers on how their data will be used. • Purpose Limitation: Personal data is collected for specified, explicit, and legitimate purposes and is not further processed in a manner that is incompatible with those purposes. • Data Minimization: We only collect the personal data necessary for the specific purposes outlined in our privacy policy. • Accuracy: We ensure that personal data is accurate and, where necessary, kept up to date. • Storage Limitation: Personal data is kept only for as long as necessary for the purposes for which it was collected. • Integrity and Confidentiality: We implement appropriate security measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage. Customers have the right to access their personal data, request corrections, and, where applicable, request the deletion of their data (the “right to be forgotten”). They can also object to the processing of their data under certain conditions. 3.2.2. EU Consumer Rights Directive (Directive 2011/83/EU) The Consumer Rights Directive establishes a range of rights for consumers across the EU, particularly in relation to distance selling. Olive Robotics GmbH adheres to these requirements, ensuring that consumers are fully informed about their rights and the terms of their purchase. Key provisions include: • Right of Withdrawal: Consumers have the right to withdraw from a distance contract within 14 days without giving any reason. Olive Robotics GmbH complies with this directive by providing clear instructions on how consumers can exercise this right, including the provision of a model withdrawal form. • Pre-contractual Information: Before a contract is concluded, Olive Robotics GmbH provides consumers with comprehensive information, including the total price, delivery costs, payment terms, and the right of withdrawal. • Confirmation of the Contract: After a purchase, consumers receive a confirmation of the contract on a durable medium (e.g., email) detailing the terms of the contract and the consumer’s rights. • Delivery of Goods: Goods must be delivered within the timeframe agreed upon at the point of sale, or if no time was agreed, within 30 days. Failure to do so allows the consumer to terminate the contract. 3.2.3. EU Distance Selling Directive (Directive 97/7/EC) The Distance Selling Directive provides a framework for the sale of goods and services to consumers without face-to-face contact, such as online sales. Olive Robotics GmbH follows the provisions of this directive, including: • Information Requirements: We provide detailed information about the goods and services offered, including the identity of the seller, characteristics of the product, price, delivery costs, payment methods, and the existence of the right of withdrawal. • Cooling-Off Period: Consumers are entitled to a cooling-off period during which they can cancel their order without penalty. The length of this period is 14 days from the receipt of goods, as mandated by EU law. • Execution of the Contract: Olive Robotics GmbH is committed to executing contracts within the specified timeframe and providing clear communication regarding any delays or issues that may arise during the delivery process. 3.2.4. EU E-Commerce Directive (Directive 2000/31/EC) The E-Commerce Directive provides a legal framework for online services in the EU. It covers various aspects of e-commerce, including online contracts, liability of intermediaries, and the obligations of online service providers. Olive Robotics GmbH complies with this directive by: • Providing Clear Information: We ensure that all necessary legal information, such as our company name, registration number, and contact details, is easily accessible on our website. • Ensuring Contract Validity: We ensure that all online contracts are valid and enforceable under EU law, providing consumers with confirmation of their order and details of their rights. • Liability of Online Service Providers: While Olive Robotics GmbH ensures the accuracy of the information provided on our website, we are not liable for external content linked to or embedded in our website. We take appropriate steps to remove any illegal content once we are made aware of it. 3.3. Jurisdiction and Dispute Resolution In the event of a dispute arising from or related to the use of our website, the purchase of our products, or any other interaction between the Customer and Olive Robotics GmbH, the parties agree to attempt to resolve the matter amicably. If a resolution cannot be reached, the dispute will be subject to the exclusive jurisdiction of the courts in Munich, Germany. 3.3.1. Arbitration and Mediation Where possible, Olive Robotics GmbH encourages the use of alternative dispute resolution (ADR) methods, such as arbitration or mediation, to settle disputes. ADR can be a faster and more cost-effective way of resolving disputes compared to traditional court proceedings. The parties may agree to submit the dispute to a recognized arbitration body in Germany, with the arbitration taking place in Munich. The arbitration will be conducted in the German language, unless otherwise agreed by the parties. 3.3.2. Consumer Dispute Resolution In accordance with the EU Directive on consumer ADR and online dispute resolution (ODR) (Regulation (EU) No 524/2013), Olive Robotics GmbH is committed to resolving any consumer disputes fairly and efficiently. Consumers have the option to use the EU’s ODR platform to facilitate the resolution of disputes with Olive Robotics GmbH. The ODR platform is accessible at: https://ec.europa.eu/consumers/odr/. 3.4. Severability Clause If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these terms and conditions will remain in full force and effect. Olive Robotics GmbH reserves the right to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent of the original provision. 3.5. Changes to Terms and Conditions Olive Robotics GmbH reserves the right to update or modify these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting on our website. It is the Customer’s responsibility to review the terms and conditions periodically to stay informed of any updates. Continued use of the website or purchase of products after any changes constitute acceptance of those changes. 3.6. Language These terms and conditions are provided in both German and English. In the event of any inconsistency or discrepancy between the German and English versions, the German version shall prevail and be the binding version for all legal purposes. 4. Orders and Contract Formation 4.1. Order Process 4.1.1. Placing an Order Customers can place orders through the Olive Robotics GmbH website, via email, or by phone. By placing an order, the Customer makes a binding offer to purchase the selected product(s) subject to these terms and conditions. It is the Customer’s responsibility to ensure that all information provided during the order process, including product specifications, quantities, and delivery details, is accurate and complete. • Website Orders: Customers are required to follow the online order process, which includes selecting products, entering delivery information, reviewing the order, and completing payment. The website provides a detailed summary of the order before submission, allowing Customers to verify all details. • Email Orders: Orders placed via email must include detailed product information, quantities, and the Customer’s billing and shipping details. Olive Robotics GmbH will review the email and confirm receipt of the order. However, no contract is formed until the order is formally accepted by Olive Robotics GmbH. • Phone Orders: When placing an order by phone, Customers will provide their order details verbally. Olive Robotics GmbH will summarize the order for confirmation. The Customer must confirm that all details are correct before the order is processed. A written confirmation will be sent to the Customer via email or another agreed medium. 4.1.2. Order Confirmation After placing an order, the Customer will receive an order confirmation via email. This confirmation serves as an acknowledgment that Olive Robotics GmbH has received the order request. However, this confirmation does not constitute acceptance of the Customer’s order or the formation of a contract. Olive Robotics GmbH reserves the right to accept or reject the order at its sole discretion. 4.1.3. Order Review Before confirming the order, Olive Robotics GmbH may review the order for accuracy, availability of products, and compliance with these terms and conditions. This review process may include verifying product specifications, confirming payment, and ensuring that the order complies with any legal or regulatory requirements. 4.2. Contract Formation 4.2.1. Acceptance of Order A legally binding contract between Olive Robotics GmbH and the Customer is formed only when Olive Robotics GmbH sends an official order acceptance or dispatch confirmation to the Customer via email. The acceptance of the order may be subject to certain conditions, such as the availability of products, successful payment processing, and compliance with export or import regulations. Olive Robotics GmbH reserves the right to cancel or amend an order prior to sending the acceptance. 4.2.2. Partial Acceptance Olive Robotics GmbH may accept part of an order while rejecting the rest, especially if certain items are out of stock, discontinued, or unavailable due to regulatory restrictions. In such cases, the contract will only be formed for the accepted part of the order. The Customer will be notified of any partial acceptance and will have the option to cancel the remaining order or proceed with the available items. 4.2.3. Contract Documentation The contract documentation will include the order details, these terms and conditions, and any additional terms agreed upon by both parties. Olive Robotics GmbH will retain a copy of the contract for its records, and the Customer is encouraged to keep a copy for their reference. 4.3. Order Modification and Cancellation 4.3.1. Modification by the Customer Once an order has been placed and accepted by Olive Robotics GmbH, the Customer cannot modify the order without the express written consent of Olive Robotics GmbH. This includes changes to product specifications, quantities, delivery details, or payment terms. If Olive Robotics GmbH agrees to modify the order, the Customer may be required to pay additional fees or charges associated with the modification. 4.3.2. Cancellation by the Customer Customers may request the cancellation of an order before it has been dispatched. Olive Robotics GmbH reserves the right to accept or reject such cancellation requests at its discretion. If a cancellation is accepted, Olive Robotics GmbH may charge a cancellation fee to cover any costs incurred in processing the order, such as administrative fees, restocking fees, or costs associated with customized products. • Standard Products: For standard products, if the cancellation request is accepted before dispatch, Olive Robotics GmbH may charge a cancellation fee of [specify percentage, e.g., 15%] of the order value. • Customized Products: Orders for customized or made-to-order products cannot be canceled once production has begun. In such cases, the Customer will be liable for the full cost of the order. 4.3.3. Modification or Cancellation by Olive Robotics GmbH Olive Robotics GmbH reserves the right to modify or cancel any order, in whole or in part, if: • The product is no longer available or has been discontinued. • The Customer fails to provide accurate or complete information during the order process. • Payment has not been received or has been declined. • The order cannot be fulfilled due to legal, regulatory, or logistical reasons, including but not limited to export controls or sanctions. If Olive Robotics GmbH cancels an order, the Customer will be notified promptly, and any payments received will be refunded in full. No further compensation or damages will be payable to the Customer in the event of such a cancellation. 4.4. Product Availability and Substitutions 4.4.1. Availability All products listed on the Olive Robotics GmbH website are subject to availability. Olive Robotics GmbH makes every effort to ensure that products are in stock and available for immediate dispatch. However, availability cannot be guaranteed at the time of order. If a product is out of stock, Olive Robotics GmbH will notify the Customer as soon as possible and may offer an alternative product of similar specifications. 4.4.2. Substitutions In the event that a product ordered by the Customer is unavailable, Olive Robotics GmbH reserves the right to substitute the product with another product of equivalent or superior quality and functionality. Olive Robotics GmbH will inform the Customer of any proposed substitution, and the Customer will have the option to accept the substitution or cancel the order. 4.5. Pre-Orders and Backorders 4.5.1. Pre-Orders Customers may have the option to place pre-orders for products that are not yet available for immediate dispatch. When placing a pre-order, the Customer acknowledges that the delivery date is an estimate and may be subject to change. Olive Robotics GmbH will notify the Customer of any delays or changes to the estimated delivery date. Pre-orders are subject to these terms and conditions, and payment may be required at the time of placing the pre-order. 4.5.2. Backorders If a product is temporarily out of stock, the Customer may have the option to place a backorder. Olive Robotics GmbH will provide an estimated availability date for backordered products, but this date is not guaranteed. Backorders are fulfilled in the order they are received, and Customers will be notified when the product becomes available. Olive Robotics GmbH reserves the right to cancel backorders at any time and will issue a full refund to the Customer if the backorder is canceled. 4.6. Pricing and Quotations 4.6.1. Pricing Information All prices listed on the Olive Robotics GmbH website or provided in quotations are in Euros (€) and are exclusive of VAT, shipping costs, and any applicable customs duties or taxes unless otherwise stated. Prices are subject to change without prior notice, except where a binding contract has already been formed. 4.6.2. Quotations Quotations provided by Olive Robotics GmbH are valid for a specified period, typically 30 days from the date of the quotation, unless otherwise stated. Quotations are non-binding and are subject to product availability, pricing changes, and other conditions. A quotation becomes binding only when accepted by the Customer and confirmed by Olive Robotics GmbH in writing. 4.7. Payment Terms 4.7.1. Payment Methods Olive Robotics GmbH accepts various payment methods, including but not limited to bank transfer, credit card, and PayPal. The available payment options will be displayed at checkout. The Customer is responsible for ensuring that all payment information provided is accurate and up to date. 4.7.2. Payment Security Olive Robotics GmbH takes payment security seriously and uses industry-standard encryption and security protocols to protect payment information. However, Olive Robotics GmbH is not liable for any losses or damages arising from unauthorized access to payment information, provided that such access was not due to any negligence or breach of duty by Olive Robotics GmbH. 4.7.3. Payment Timing Payment must be made in full before the goods are dispatched unless otherwise agreed in writing. Olive Robotics GmbH reserves the right to withhold delivery of the goods until full payment has been received. If payment is not received within the agreed timeframe, Olive Robotics GmbH may cancel the order and seek compensation for any costs incurred. 4.7.4. Payment Verification For security reasons, Olive Robotics GmbH may require additional verification of payment details before processing an order. This may include requesting a copy of a government-issued ID, proof of address, or other documentation. The Customer agrees to comply with such requests to facilitate the timely processing of the order. 4.8. Communication and Notices 4.8.1. Communication Channels All communications regarding orders, including order confirmations, dispatch notices, and invoices, will be sent via email to the email address provided by the Customer at the time of ordering. The Customer is responsible for ensuring that the email address provided is accurate and regularly monitored. 4.8.2. Electronic Notices By placing an order, the Customer agrees to receive all communications and notices electronically. Olive Robotics GmbH is not responsible for any delays or failures in communication due to incorrect or outdated contact information provided by the Customer. 4.8.3. Customer Inquiries Customers may contact Olive Robotics GmbH for any inquiries related to their orders via email at contact@olive-robotics.com or by phone at +49 151 5666 5426. Olive Robotics GmbH aims to respond to all inquiries within [specify timeframe, e.g., 2 business days], but response times may vary. 4.9. Special Offers and Promotions 4.9.1. Promotional Terms From time to time, Olive Robotics GmbH may offer special promotions or discounts on its products. These promotions are subject to specific terms and conditions, which will be provided at the time of the promotion. Promotional offers are valid for a limited period and cannot be combined with other offers or discounts unless explicitly stated. 4.9.2. Mispricing In the event of a mispricing on the Olive Robotics GmbH website or in any communication, Olive Robotics GmbH reserves the right to cancel any orders placed at the incorrect price. The Customer will be notified of the cancellation and given the option to reorder the product at the correct price. 4.10. Limitations and Exclusions 4.10.1. Limitation of Liability Olive Robotics GmbH’s liability for any claim arising out of or in connection with any order or contract, including but not limited to claims arising from breach of contract, negligence, or misrepresentation, shall be limited to the purchase price of the products in question. Olive Robotics GmbH shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profit, loss of business, or loss of use. 4.10.2. Exclusion of Liability Olive Robotics GmbH is not liable for any failure to perform its obligations under these terms and conditions if such failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, strikes, or governmental actions. 4.11. Severability and Waiver 4.11.1. Severability If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining terms, which shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid and enforceable provision that most closely approximates the intent of the original provision. 4.11.2. Waiver No waiver by Olive Robotics GmbH of any breach of these terms and conditions shall be deemed a waiver of any subsequent breach. The failure of Olive Robotics GmbH to enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. 5. Prices and Payment 5.1. Pricing 5.1.1. Price Listings All prices for products and services offered by Olive Robotics GmbH are listed in Euros (€) unless otherwise specified. These prices are displayed on our website, in our marketing materials, or communicated directly to the Customer during the order process. Olive Robotics GmbH strives to ensure that all prices are accurate and up-to-date; however, we reserve the right to correct any errors or omissions in pricing at any time. 5.1.2. Price Changes Olive Robotics GmbH reserves the right to change prices at any time without prior notice. Price changes will not affect orders that have already been confirmed by Olive Robotics GmbH, provided that the Customer has fulfilled all payment obligations as per the terms of the contract. If a price change occurs after an order is placed but before payment is received, Olive Robotics GmbH may cancel the order or request payment of the updated price. 5.1.3. Price Components The prices listed for our products and services exclude VAT (Value Added Tax), shipping costs, customs duties, and any other applicable taxes or fees, unless explicitly stated otherwise. The total price, including all applicable charges, will be clearly presented to the Customer before the completion of the order process. Any additional costs that may arise, such as bank charges or currency conversion fees, are the responsibility of the Customer. 5.1.4. Promotions and Discounts From time to time, Olive Robotics GmbH may offer promotions, discounts, or special pricing on certain products or services. These offers are subject to specific terms and conditions and may be withdrawn or modified by Olive Robotics GmbH at any time without prior notice. Promotions and discounts cannot be combined unless explicitly stated, and they do not apply retroactively to previous orders. 5.2. Payment Terms 5.2.1. Payment Methods Olive Robotics GmbH accepts various payment methods, including but not limited to bank transfer, credit card, PayPal, and other payment methods as specified on our website. The Customer must select their preferred payment method during the order process. Olive Robotics GmbH reserves the right to refuse or limit certain payment methods based on factors such as the Customer’s location, order value, or past payment history. 5.2.2. Payment Deadlines Unless otherwise agreed in writing, payment is due in full immediately upon order confirmation. Olive Robotics GmbH will not process or ship any order until full payment has been received. For specific projects or larger orders, Olive Robotics GmbH may agree to alternative payment terms, such as payment in installments. Such arrangements must be agreed upon in writing before the order is confirmed. 5.2.3. Currency Conversion and Fees If the Customer’s payment method is denominated in a currency other than Euros (€), the payment provider may apply currency conversion fees and exchange rates. Olive Robotics GmbH is not responsible for any discrepancies resulting from currency conversion or related fees. The Customer is responsible for ensuring that the full payment amount in Euros (€) is received by Olive Robotics GmbH, net of any currency conversion fees or other deductions. 5.3. Late Payment 5.3.1. Interest on Overdue Payments In the event of late payment, Olive Robotics GmbH reserves the right to charge interest on the overdue amount at a rate of 9 percentage points above the base interest rate published by the Deutsche Bundesbank, in accordance with § 288 BGB (German Civil Code). Interest will accrue daily from the due date until full payment of the outstanding amount is received. The right to claim further damages resulting from the delay remains unaffected. 5.3.2. Collection Costs If the Customer fails to pay the amount due within the specified timeframe, Olive Robotics GmbH may engage a collection agency or take legal action to recover the debt. The Customer will be liable for all costs associated with the collection of the overdue amount, including but not limited to legal fees, court costs, and collection agency fees. 5.3.3. Suspension of Services Olive Robotics GmbH reserves the right to suspend or cancel any pending orders or services if the Customer fails to make timely payment. This suspension may include withholding the delivery of goods, suspending access to services, or delaying further work on any ongoing projects. Olive Robotics GmbH will not be liable for any losses or damages incurred by the Customer as a result of such suspension or cancellation due to late payment. 5.3.4. Termination of Contract If the Customer remains in default of payment after receiving a formal reminder from Olive Robotics GmbH, the Company reserves the right to terminate the contract. In such cases, Olive Robotics GmbH may retain any payments already received as compensation for the costs incurred, without prejudice to the right to claim further damages. 5.4. Taxes and Duties 5.4.1. Value Added Tax (VAT) All prices quoted by Olive Robotics GmbH are exclusive of VAT unless explicitly stated otherwise. The applicable VAT rate will be added to the total amount due at the point of sale, and the Customer will be informed of the total cost, including VAT, before completing the order. For Customers located within the European Union, VAT will be charged according to the VAT rate of the country of destination, in compliance with EU VAT regulations. 5.4.2. Customs Duties and Import Taxes For orders shipped outside the European Union, the Customer is responsible for any customs duties, import taxes, or other charges levied by the destination country. These charges are not included in the product price or shipping costs and must be paid by the Customer upon receipt of the goods. Olive Robotics GmbH is not liable for any delays, additional costs, or legal consequences arising from the Customer’s failure to pay customs duties or comply with local regulations. 5.4.3. Withholding Tax If the Customer is required by law to withhold any tax from payments to Olive Robotics GmbH, the Customer must notify Olive Robotics GmbH in advance. The Customer is responsible for paying the withheld tax to the relevant tax authorities and providing Olive Robotics GmbH with official documentation confirming the payment. The Customer must ensure that the net payment received by Olive Robotics GmbH equals the full amount due under the invoice, without any deductions for withholding tax. 5.5. Refunds and Adjustments 5.5.1. Refund Policy Refunds are only issued under specific circumstances, such as when goods are returned in accordance with Olive Robotics GmbH’s return policy or when a payment was made in error. Refunds will be processed using the same payment method used for the original transaction, unless otherwise agreed. The Customer must allow up to [specify timeframe, e.g., 14 days] for the processing of refunds. Any bank charges, currency conversion fees, or other costs associated with issuing the refund will be deducted from the refunded amount. 5.5.2. Credit Adjustments In certain cases, Olive Robotics GmbH may offer a credit adjustment rather than a refund. This credit can be applied to future purchases or services and will be valid for [specify timeframe, e.g., 12 months] from the date of issuance. Credits are non-transferable and cannot be redeemed for cash unless explicitly stated by Olive Robotics GmbH. 5.5.3. Overpayments If an overpayment is made, Olive Robotics GmbH will notify the Customer and arrange for a refund of the overpaid amount. Alternatively, the Customer may request that the overpayment be applied as a credit toward future purchases. Olive Robotics GmbH will not be liable for any interest or fees associated with the overpayment. 5.6. Disputes and Chargebacks 5.6.1. Disputes If the Customer disputes any charges or invoices, they must notify Olive Robotics GmbH in writing within [specify timeframe, e.g., 14 days] of the invoice date. The Customer must provide detailed information regarding the dispute, including the invoice number, the amount in question, and the reasons for the dispute. Olive Robotics GmbH will review the dispute and respond within a reasonable timeframe. Pending resolution of the dispute, the Customer is required to pay any undisputed amounts by the due date. 5.6.2. Chargebacks The Customer agrees not to initiate any chargebacks or payment disputes without first attempting to resolve the issue directly with Olive Robotics GmbH. If a chargeback is initiated without prior notification, Olive Robotics GmbH reserves the right to terminate the contract, suspend services, and take legal action to recover any losses incurred. The Customer will be responsible for all costs associated with the chargeback, including legal fees, collection costs, and any other expenses incurred by Olive Robotics GmbH. 5.7. No Set-Off The Customer is not entitled to offset any claims against amounts due to Olive Robotics GmbH unless such claims have been recognized by a court of law or are undisputed by Olive Robotics GmbH. Any unauthorized set-off by the Customer will be considered a breach of contract and may result in the suspension or termination of services, as well as the imposition of late payment penalties. 6. Shipping and Delivery 6.1. Delivery Methods 6.1.1. Carrier Selection Olive Robotics GmbH will select the most appropriate shipping method and carrier based on the nature of the product, the destination, and other logistical considerations. The choice of carrier and shipping method is at the sole discretion of Olive Robotics GmbH. We may use a variety of carriers, including but not limited to DHL, UPS, FedEx, or local couriers, depending on the destination and service level required. 6.1.2. Customer Preference While Olive Robotics GmbH may offer customers the option to choose their preferred shipping method at checkout, the final decision on the method used rests with Olive Robotics GmbH to ensure the safe and timely delivery of the products. Any preferences indicated by the customer are considered non-binding, and Olive Robotics GmbH is not liable for any discrepancies between the customer’s preference and the method ultimately used. 6.1.3. Shipping Fees Shipping fees are calculated based on the weight, dimensions, value of the products, and the destination of the shipment. These fees will be clearly communicated to the customer during the order process and are the responsibility of the customer. Any additional costs incurred due to changes in shipping preferences after the order has been confirmed will be borne by the customer. 6.2. Delivery Times 6.2.1. Estimated Delivery Times All delivery times provided by Olive Robotics GmbH are estimates and do not constitute a binding commitment. These estimates are based on the best available information at the time of order and are subject to change due to factors outside the control of Olive Robotics GmbH, such as carrier delays, customs processing, or unforeseen logistical challenges. 6.2.2. No Liability for Delays Olive Robotics GmbH is not liable for any delays in delivery that result from circumstances beyond its control, including but not limited to natural disasters, strikes, governmental actions, pandemics, or delays caused by carriers or customs authorities. Such delays do not entitle the customer to cancel the order or seek compensation unless otherwise required by applicable law. 6.2.3. Force Majeure In the event of a force majeure event that affects the ability of Olive Robotics GmbH to fulfill an order within the estimated timeframe, the company will notify the customer as soon as possible. Force majeure events include, but are not limited to, acts of God, war, civil unrest, strikes, labor disputes, fires, floods, epidemics, quarantine restrictions, and government actions. Olive Robotics GmbH shall not be held liable for any delays or failures in delivery resulting from such events. 6.2.4. Partial Deliveries Olive Robotics GmbH reserves the right to make partial deliveries where applicable. Each partial delivery will be considered a separate transaction, and any delay in one partial delivery will not entitle the customer to cancel the remaining deliveries. The customer is responsible for any additional shipping costs associated with partial deliveries, unless otherwise agreed in writing. 6.3. Risk Transfer 6.3.1. Risk Transfer Upon Dispatch In accordance with § 447 BGB (German Civil Code), the risk of loss or damage to the goods passes to the customer as soon as the goods are handed over to the carrier for shipment. This applies regardless of whether Olive Robotics GmbH or the customer selected the carrier. Once the goods are in the carrier’s possession, Olive Robotics GmbH is not responsible for any loss, damage, or delay that may occur during transit. 6.3.2. Insurance Customers are strongly encouraged to purchase shipping insurance to cover any potential risks associated with the transportation of goods. Olive Robotics GmbH can assist in arranging insurance coverage upon request, but it is ultimately the customer’s responsibility to ensure that adequate coverage is in place. Olive Robotics GmbH is not liable for any losses or damages that occur during shipment if the customer has not opted for insurance. 6.3.3. Exclusion of Liability for Transit Issues Olive Robotics GmbH is not liable for any issues that arise during the transportation of goods once they have been handed over to the carrier. This includes, but is not limited to, loss, theft, damage, or delays caused by the carrier. Any claims for compensation or remediation must be made directly with the carrier under the terms of their service agreement. 6.4. Customs and Import Duties 6.4.1. Customs Clearance For shipments outside the European Union, the customer is responsible for all customs clearance procedures and any associated costs. Olive Robotics GmbH will provide the necessary documentation, such as commercial invoices and packing lists, to facilitate customs clearance, but the customer must ensure compliance with local customs regulations. The customer is solely responsible for any delays, fines, or additional charges that result from customs clearance issues. 6.4.2. Import Duties and Taxes Any import duties, taxes, and other charges levied by the customs authorities in the destination country are the sole responsibility of the customer. These charges are not included in the product price or shipping costs quoted by Olive Robotics GmbH and must be paid by the customer directly to the relevant authorities upon delivery. Olive Robotics GmbH is not liable for any additional costs or legal consequences arising from the customer’s failure to pay such duties or taxes. 6.4.3. Compliance with Local Laws The customer is responsible for ensuring that the goods ordered comply with the local laws and regulations of the destination country. This includes, but is not limited to, compliance with import restrictions, safety standards, and licensing requirements. Olive Robotics GmbH is not liable for any delays, additional costs, or legal issues that arise from the customer’s non-compliance with local laws. 6.4.4. Failure to Clear Customs If the customer fails to complete the necessary customs procedures or refuses to pay the required duties and taxes, resulting in the return of the goods to Olive Robotics GmbH: • Return Costs: The customer will be liable for all return shipping costs, storage fees, and any other associated expenses incurred due to the return. • Restocking Fee: Olive Robotics GmbH reserves the right to charge a restocking fee of [specify percentage, e.g., 20%] of the product price to cover the costs associated with processing the return and restocking the goods. • Refund Policy: Upon receipt of the returned goods, Olive Robotics GmbH will inspect them to ensure they are in original condition. If the goods are in acceptable condition, a refund will be issued to the customer, minus the return shipping costs, restocking fee, and any other applicable charges. Refunds will be processed within [specify timeframe, e.g., 14 days] after the inspection is complete. No refund will be provided for customized or made-to-order products. 6.5. Failure to Deliver 6.5.1. Non-Delivery by Carrier In the event that the carrier fails to deliver the goods and they are returned to Olive Robotics GmbH, the customer will be contacted to arrange for a re-shipment or an alternative resolution. The customer will be responsible for any additional shipping costs associated with re-shipping the goods. Olive Robotics GmbH is not liable for any losses or damages resulting from the carrier’s failure to deliver the goods as scheduled. 6.5.2. Abandoned Shipments If the customer fails to accept delivery or the goods are returned due to incorrect address information provided by the customer, the shipment may be considered abandoned. In such cases, Olive Robotics GmbH reserves the right to dispose of the goods without further notice to the customer. Any costs incurred due to the abandonment, including storage, return shipping, and disposal fees, will be the responsibility of the customer. No refund will be issued for abandoned shipments. 6.6. Inspection and Acceptance of Goods 6.6.1. Customer’s Obligation to Inspect Upon receipt of the goods, the customer is obligated to inspect the shipment immediately for any visible damages or defects. This inspection should include checking the condition of the packaging and the goods inside. Any damages or discrepancies must be reported to Olive Robotics GmbH within 48 hours of receipt. Failure to report such issues within this timeframe may result in the forfeiture of claims for damages, as the goods will be considered accepted by the customer. 6.6.2. Acceptance of Goods If the customer does not notify Olive Robotics GmbH of any issues within the specified 48-hour period, the goods will be deemed accepted, meaning that no further claims for visible defects will be entertained. This does not affect the customer’s rights concerning hidden defects, which may be reported as per the warranty and returns policies. 6.7. Returns and Exchanges Due to Shipping Issues 6.7.1. Damaged Goods If goods are received in a damaged condition, the customer must notify Olive Robotics GmbH and provide photographic evidence of the damage within 48 hours of receipt. Olive Robotics GmbH will arrange for the return of the damaged goods and, at its discretion, either replace the goods or issue a refund. The customer is responsible for retaining the damaged goods and packaging until the return process is completed. Failure to comply with these procedures may result in the denial of a refund or replacement. 6.7.2. Incorrect or Missing Items If the customer receives incorrect items or if items are missing from the shipment, the customer must notify Olive Robotics GmbH within 48 hours of receipt. Olive Robotics GmbH will verify the claim and, if valid, will arrange for the correct items to be shipped or for the missing items to be sent at no additional cost to the customer. Incorrect items must be returned to Olive Robotics GmbH in their original condition and packaging, and the company will bear the cost of return shipping. 6.7.3. Return of Goods Due to Shipping Errors If the return of goods is required due to an error made by Olive Robotics GmbH (e.g., incorrect item shipped), the company will bear the cost of return shipping. The customer must follow the return instructions provided by Olive Robotics GmbH and ensure that the goods are returned in their original condition and packaging. Once the returned goods are received and inspected, Olive Robotics GmbH will process a replacement or refund as appropriate. 6.8. No Liability for Indirect Damages 6.8.1. Exclusion of Liability Olive Robotics GmbH is not liable for any indirect, consequential, or incidental damages resulting from the shipment, delivery, or use of the goods. This includes, but is not limited to, loss of profit, loss of business, business interruptions, or any other economic losses that may arise due to delays, damages, or issues related to the transportation of the goods. The maximum liability of Olive Robotics GmbH in any case is limited to the value of the goods purchased, excluding shipping costs and taxes. 7. Inspection, Returns, and Exchanges 7.1. Inspection Upon Receipt 7.1.1. Customer’s Obligation to Inspect Upon receipt of the products, it is the Customer’s responsibility to inspect the shipment immediately and thoroughly. This inspection must include an examination of the external packaging for any visible damage, as well as a detailed check of the products themselves to ensure that they are complete and in proper working condition. The Customer must verify that the items delivered match the items ordered, both in quantity and specification. 7.1.2. Reporting Damages and Defects If the Customer identifies any damage to the packaging or the products, or if there are any discrepancies between the items received and the items ordered, the Customer must notify Olive Robotics GmbH in writing within 48 hours of delivery. This notification must include: • A detailed description of the damage, defect, or discrepancy. • Photographic evidence clearly showing the damage or defect. • The order number and any relevant tracking or shipment numbers. Failure to report any issues within this 48-hour period will result in the forfeiture of the Customer’s right to claim for such damages or defects. After this period, the products will be considered to have been accepted in the condition they were received, and Olive Robotics GmbH will have no further liability for any visible defects. 7.2. Return Policy 7.2.1. Eligibility for Returns Returns are only accepted under the following conditions: • The Customer has obtained prior written authorization from Olive Robotics GmbH, which includes a Return Merchandise Authorization (RMA) number. • The return is initiated within [specify timeframe, e.g., 14 days] of the Customer receiving the product. • The product is in its original, unused condition, complete with all original packaging, accessories, manuals, and any other items included with the product at the time of sale. Custom or made-to-order products are not eligible for return unless they are found to be defective upon receipt. 7.2.2. Procedure for Returning Products To initiate a return, the Customer must contact Olive Robotics GmbH’s customer service department to request an RMA number. The RMA number must be clearly marked on the outside of the return package. Returns that are sent without an RMA number or to an incorrect address will not be accepted and will be returned to the Customer at their expense. The Customer is responsible for arranging and paying for return shipping, including any insurance costs. Olive Robotics GmbH is not liable for any products lost or damaged during return shipping. It is recommended that the Customer uses a trackable shipping service and purchases shipping insurance. 7.2.3. Inspection of Returned Products Once Olive Robotics GmbH receives the returned product, it will be inspected to ensure that it meets the return eligibility criteria. This inspection will include a check for any signs of use, damage, or missing components. If the product is found to be ineligible for return, it will be sent back to the Customer at their expense. 7.2.4. Restocking Fee Olive Robotics GmbH reserves the right to charge a restocking fee of [specify percentage, e.g., 20%] of the product’s purchase price on all returns that are not due to a defect or error on the part of Olive Robotics GmbH. This fee covers the costs associated with processing the return and restocking the product. The restocking fee will be deducted from the refund amount. 7.2.5. Non-Returnable Items The following items are not eligible for return: • Customized or made-to-order products. • Products that have been used, altered, or damaged by the Customer. • Software, digital downloads, and licenses once delivered electronically. • Products that are perishable or otherwise unsuitable for return for hygiene or safety reasons. 7.3. Exchanges 7.3.1. Eligibility for Exchanges Exchanges are only permitted in cases where the product received is defective or was shipped in error. To be eligible for an exchange, the Customer must notify Olive Robotics GmbH within 48 hours of receiving the product, following the same procedures outlined in Section 7.1.2. The product must be in its original condition and packaging. 7.3.2. Procedure for Exchanges If an exchange is authorized, Olive Robotics GmbH will provide instructions on how to return the defective or incorrect product. The Customer will be issued an RMA number, which must be included with the return. Upon receipt and inspection of the returned product, Olive Robotics GmbH will ship the replacement product at no additional cost to the Customer. If the replacement product is out of stock or otherwise unavailable, Olive Robotics GmbH reserves the right to offer a refund or an alternative product of equal or greater value. 7.4. Refunds 7.4.1. Refund Processing Refunds will only be issued for products that are returned in accordance with Olive Robotics GmbH’s return policy and are deemed eligible after inspection. Refunds will be processed using the same payment method used for the original transaction. The Customer must allow up to [specify timeframe, e.g., 14 days] from the date of receipt and inspection of the returned product for the refund to be processed. 7.4.2. Deductions from Refunds Refunds will be issued for the purchase price of the product minus any applicable fees, such as restocking fees or return shipping costs. If the original purchase included a shipping charge, this charge will not be refunded unless the return is due to a defect or error on the part of Olive Robotics GmbH. If any promotional discounts were applied to the original purchase, the refund will reflect the discounted price. 7.4.3. Refunds for Non-Returnable Items No refunds will be issued for non-returnable items as specified in Section 7.2.5. If the Customer attempts to return a non-returnable item, Olive Robotics GmbH will refuse the return and return the item to the Customer at their expense. 7.5. Warranty Returns 7.5.1. Warranty Claims Olive Robotics GmbH provides a limited warranty on its products as specified in the product documentation. If a product is found to be defective during the warranty period, the Customer must notify Olive Robotics GmbH immediately and provide proof of purchase, along with a detailed description of the defect. Olive Robotics GmbH may request the return of the defective product for inspection. 7.5.2. Warranty Return Process If the warranty claim is approved, Olive Robotics GmbH will, at its discretion, either repair the defective product, replace it with an identical or equivalent product, or issue a refund. The warranty does not cover damages caused by misuse, unauthorized modifications, external factors such as accidents or natural disasters, or normal wear and tear. The Customer is responsible for the cost of shipping the defective product to Olive Robotics GmbH, but if the warranty claim is approved, Olive Robotics GmbH will cover the cost of returning the repaired or replaced product to the Customer. 7.5.3. Limitations on Warranty Returns The warranty provided by Olive Robotics GmbH is limited to the original purchaser and is non-transferable. It does not cover products purchased from unauthorized resellers or products that have been tampered with or altered in any way. Any unauthorized repairs or modifications to the product will void the warranty. 7.6. Limitation of Liability for Returns and Exchanges 7.6.1. Exclusion of Indirect Damages Olive Robotics GmbH is not liable for any indirect, incidental, or consequential damages arising from the return, exchange, or use of its products, including but not limited to loss of profits, loss of business, or damage to reputation. This exclusion of liability applies regardless of the cause of action, whether based on contract, tort (including negligence), strict liability, or otherwise. 7.6.2. Maximum Liability The maximum liability of Olive Robotics GmbH for any claim related to the return, exchange, or use of its products is limited to the purchase price of the product in question. This limitation of liability does not apply to cases of willful misconduct or gross negligence on the part of Olive Robotics GmbH or in cases where liability cannot be limited under applicable law. 7.6.3. Force Majeure Olive Robotics GmbH is not liable for any delays or failures in the return or exchange process caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, war, civil unrest, or governmental actions. In such cases, Olive Robotics GmbH will make reasonable efforts to mitigate the impact of the delay or failure but will not be held liable for any resulting damages or losses. 8. Warranties and Liability 8.1. Product Warranty 8.1.1. Limited Warranty Olive Robotics GmbH warrants that its products will be free from defects in materials and workmanship under normal use for a period of [specify duration, e.g., 12 months] from the date of delivery. This warranty is limited to the original purchaser and is non-transferable. The warranty is valid only if the product has been used in accordance with the accompanying documentation and instructions. 8.1.2. Exclusions from Warranty This warranty does not cover: • Normal wear and tear of the product. • Consumable parts, such as batteries or cables, unless damage has occurred due to a defect in materials or workmanship. • Cosmetic damage, including but not limited to scratches, dents, or discoloration. • Damage caused by misuse, abuse, neglect, or improper handling, installation, or storage. • Damage caused by unauthorized modifications or repairs, including the use of third-party parts or accessories not approved by Olive Robotics GmbH. • Damage caused by external factors such as accidents, natural disasters, power surges, or exposure to extreme environmental conditions. • Products that have been altered or whose serial numbers have been removed or defaced. 8.1.3. Warranty Claim Process To make a warranty claim, the Customer must contact Olive Robotics GmbH’s customer service department within the warranty period and provide: • Proof of purchase (e.g., a copy of the original invoice or receipt). • A detailed description of the defect or issue. • Any relevant documentation or evidence, such as photos or videos, that may assist in diagnosing the problem. Olive Robotics GmbH reserves the right to request the return of the defective product for inspection before processing the warranty claim. The Customer is responsible for the cost of shipping the product to Olive Robotics GmbH for inspection. If the warranty claim is approved, Olive Robotics GmbH will, at its discretion: • Repair the defective product at no cost to the Customer. • Replace the defective product with an identical or equivalent product. • Refund the purchase price of the defective product. 8.1.4. Warranty Limitations The remedies provided under this warranty are the exclusive remedies available to the Customer. Olive Robotics GmbH’s liability under this warranty is limited to the repair, replacement, or refund of the defective product. No oral or written information or advice given by Olive Robotics GmbH, its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty. 8.2. Disclaimer of Warranties 8.2.1. As-Is Basis Except as expressly provided in Section 8.1, all products and services provided by Olive Robotics GmbH are provided on an “as is” and “as available” basis, without any further warranties of any kind. To the fullest extent permitted by applicable law, Olive Robotics GmbH expressly disclaims all other warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. 8.2.2. No Warranties for Third-Party Products Any products or services that are not manufactured or provided by Olive Robotics GmbH but are supplied or recommended by Olive Robotics GmbH (such as third-party software or accessories) are not covered by the warranty provided by Olive Robotics GmbH. Any warranties related to such third-party products or services are provided solely by the respective manufacturers or providers, and Olive Robotics GmbH disclaims any responsibility or liability in relation to these third-party products or services. 8.3. Limitation of Liability 8.3.1. Exclusion of Certain Damages To the fullest extent permitted by applicable law, Olive Robotics GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, whether in an action in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with the use of, or inability to use, its products or services, even if Olive Robotics GmbH has been advised of the possibility of such damages. 8.3.2. Limitation of Direct Damages Olive Robotics GmbH’s total liability to the Customer for any claims arising out of or related to these terms and conditions, whether in contract, tort (including negligence), strict liability, or otherwise, is limited to the amount the Customer actually paid to Olive Robotics GmbH for the product or service giving rise to the claim. 8.3.3. No Liability for Delay or Non-Performance Olive Robotics GmbH shall not be liable for any delay in performance or failure to perform its obligations under these terms and conditions if such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, lockouts, labor disputes, war, civil unrest, terrorism, embargoes, governmental orders or regulations, supply chain disruptions, or any other force majeure event. In such cases, Olive Robotics GmbH’s performance will be deemed suspended for the period of such delay or failure, and Olive Robotics GmbH shall be entitled to a reasonable extension of time for performance. 8.3.4. No Liability for Misuse or Unauthorized Use Olive Robotics GmbH shall not be liable for any damages or losses resulting from the misuse of its products or services, or from the use of its products or services in a manner not intended or authorized by Olive Robotics GmbH. The Customer assumes full responsibility for the proper installation, use, and maintenance of the products in accordance with the instructions provided by Olive Robotics GmbH. Any unauthorized modifications or alterations to the products will void any warranty and release Olive Robotics GmbH from any liability for damages resulting from such modifications or alterations. 8.4. Indemnification 8.4.1. Customer’s Obligation to Indemnify The Customer agrees to indemnify, defend, and hold harmless Olive Robotics GmbH, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or in connection with: • The Customer’s use of the products or services provided by Olive Robotics GmbH. • The Customer’s violation of any terms of these terms and conditions. • The Customer’s violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or other proprietary rights. • Any claim that the Customer’s use of the products or services caused damage to a third party. 8.4.2. Indemnification Procedure If Olive Robotics GmbH seeks indemnification from the Customer, it will promptly notify the Customer in writing of the claim or legal action for which indemnification is sought. The Customer will have the right to assume the defense of such claim or action, provided that the Customer uses counsel reasonably satisfactory to Olive Robotics GmbH. Olive Robotics GmbH reserves the right to participate in the defense at its own expense but is not obligated to do so. The Customer may not settle any claim or action in a manner that adversely affects the rights or interests of Olive Robotics GmbH without Olive Robotics GmbH’s prior written consent. 8.5. Product Recall 8.5.1. Voluntary Recalls In the event that Olive Robotics GmbH determines that a product may pose a safety risk or is otherwise defective, Olive Robotics GmbH may voluntarily initiate a product recall. Olive Robotics GmbH will notify the Customer of the recall and provide instructions on how to return the affected product. The Customer will be entitled to a replacement product, repair, or refund, as determined by Olive Robotics GmbH. 8.5.2. Mandatory Recalls If a governmental authority orders a product recall, Olive Robotics GmbH will comply with the recall order and will provide the Customer with instructions on how to return the affected product. The Customer’s rights and remedies in the event of a mandatory recall will be governed by the applicable laws and regulations of the jurisdiction in which the recall is ordered. 8.6. Intellectual Property Rights 8.6.1. Ownership of Intellectual Property All intellectual property rights in the products, services, and materials provided by Olive Robotics GmbH, including but not limited to patents, trademarks, copyrights, trade secrets, and design rights, are and shall remain the exclusive property of Olive Robotics GmbH or its licensors. The Customer is granted a limited, non-exclusive, non-transferable, and revocable license to use the products and services solely for their intended purpose and in accordance with the instructions provided by Olive Robotics GmbH. 8.6.2. No Transfer of Rights Nothing in these terms and conditions shall be construed as a transfer or assignment of any intellectual property rights from Olive Robotics GmbH to the Customer. The Customer acknowledges and agrees that any unauthorized use, reproduction, or distribution of the products or services may constitute a violation of Olive Robotics GmbH’s intellectual property rights and may result in legal action. 8.7. Governing Law and Jurisdiction 8.7.1. Governing Law These terms and conditions and any disputes arising out of or related to these terms and conditions, the products, or the services provided by Olive Robotics GmbH shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of laws principles. 8.7.2. Jurisdiction The exclusive jurisdiction for any legal proceedings arising out of or related to these terms and conditions shall be the competent courts of Munich, Germany. The Customer consents to the personal jurisdiction of these courts and waives any objection based on venue or inconvenient forum. 8.8. Severability If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of these terms and conditions shall remain in full force and effect. 8.9. Amendments and Waivers 8.9.1. Amendments Olive Robotics GmbH reserves the right to modify or amend these terms and conditions at any time, with or without prior notice to the Customer. Any amendments to these terms and conditions will be posted on the Olive Robotics GmbH website and will take effect immediately upon posting. The Customer is responsible for reviewing the terms and conditions periodically to stay informed of any changes. Continued use of the products or services after any amendments constitutes acceptance of the amended terms and conditions. 8.9.2. Waivers No waiver of any term, condition, or right under these terms and conditions shall be effective unless made in writing and signed by an authorized representative of Olive Robotics GmbH. The failure of Olive Robotics GmbH to enforce any provision of these terms and conditions shall not be construed as a waiver of the right to enforce that provision or any other provision at a later time.
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