(1) After separate agreement and consultation with an authorised representative of Primo, an entrepreneur may agree to exchange or take back goods that have been delivered and received free of defects.

(2) An exchange or a return in these cases shall only come about if the packaging unit is still fully intact and the entrepreneur bears the associated transport costs and agrees to a handling fee of 20% of the net invoice amount.

(3) An exchange will only take place once the goods to be exchanged have been received by Primo and Primo has determined that they are free of defects. If the goods are damaged, Primo is not obliged to exchange the goods despite prior agreement. In this case, the entrepreneur is obliged to collect the goods again at his own expense or to have them collected and to settle the amount of the claim from the invoice for the goods in question. This does not apply if the defect was present at the point of transfer to the customer. In this case, § 4 of Primo’s General Terms and Conditions shall apply.

(4) Likewise, in the case of a return, Primo is not obliged to accept damaged or defective goods unless a warranty case pursuant to § 4 of these T&C exists. In these cases, too, the customer is obliged to retrieve the goods or have them collected at their own expense and to settle the amount of the claim from the invoice for the goods in question.

(5) In the event of a proper exchange of goods, the customer shall not be entitled to a refund of the purchase price or to set-off against other claims. In this case, the customer shall receive a credit note for the invoice amount of the returned goods less the processing fee specified in (2).