General terms and conditions of business

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Table of contents

1. Scope 2. Conclusion of Contract 3. Right of Withdrawal 4. Prices and Payment Terms 5. Delivery and Shipping Conditions 6. Retention of Title 7. Liability for Defects (Warranty) 8. Special Conditions for Repair Services 9. Redemption of Promotional Vouchers 10. Redemption of Gift Vouchers 11. Applicable Law 12. Place of Jurisdiction 13. Alternative Dispute Resolution

1) Scope of application 1.1 These General Terms and Conditions (hereinafter "GTC") of the company name (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed. 1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated. 1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. 1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. 2) Conclusion of Contract 2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer. 2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, fax, online contact form, post, or telephone. 2.3 The seller can accept the customer's offer within five days: - by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or - by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or - by requesting payment from the customer after placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent. 2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal, which can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process. 2.5 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data. 2.6 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process. 2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop. 2.8 Order processing and contact generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. 3) Right of withdrawal 3.1 Consumers generally have a right of withdrawal. 3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy. 3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded. 4) Prices and payment terms 4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union. 4.3 The payment option(s) will be communicated to the customer in the seller's online shop. 4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date. 4.5 If a payment method offered via the "PayPal" payment service is selected, payment is processed via PayPal; PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which they make advance payments to the customer (e.g., purchase on account or installment payments), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and reshipment, or credit notes. 4.6 If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," provide appropriate identification during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is processed immediately afterwards by "SOFORT," and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/. 5) Delivery and Shipping Conditions 5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified during the seller's order processing is decisive for the processing of the transaction. 5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions of the seller's cancellation policy apply to the return shipping costs. 5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or an authorized person. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, provided that the customer has commissioned the forwarding agent, carrier, or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer. 5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has concluded a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately. 5.5 If the seller offers the goods for collection, the customer can collect the ordered goods from the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged. 5.6 Vouchers are provided to the customer as follows: - via download - by email - by post 6) Retention of title If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full. 7) Liability for defects (warranty) Unless otherwise stated in the following provisions, the statutory liability for defects applies. The following applies to contracts for the delivery of goods: 7.1 If the customer is an entrepreneur, - the seller has the choice of the type of subsequent performance; - for new goods, the limitation period for defects is one year from delivery of the goods; - for used goods, the rights and claims due to defects are excluded; - the limitation period does not commence anew if a replacement delivery is made within the scope of liability for defects. 7.2 The limitations of liability and shortening of time limits stipulated above do not apply - to the customer's claims for damages and reimbursement of expenses, - in the event that the seller has fraudulently concealed the defect, - for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness, - for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements. 7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected. 7.4 If the customer is a merchant Within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial obligation to inspect and notify defects in accordance with Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved. 7.5 If the customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this will have no effect on their statutory or contractual claims for defects. 8) Special Conditions for Repair Services If the seller is obliged to repair a customer's item according to the content of the contract, the following applies: 8.1 Repair services are provided at the seller's headquarters. 8.2 The seller shall provide its services, at its discretion, either personally or through qualified personnel selected by it. The seller may also use the services of third parties (subcontractors) who act on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to perform the desired service. 8.3 The Customer must provide the Seller with all information necessary to repair the item, unless the procurement of such information is within the Seller's scope of duties under the terms of the contract. In particular, the Customer must provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may have caused the identified defect. 8.4 Unless otherwise agreed, the Customer must ship the item to be repaired to the Seller's headquarters at their own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer ship the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller will inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights they may have against the carrier. 8.5 The return of the item is at the Customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer upon handover of the item to a suitable carrier at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item. 8.6 The customer may also transport the item to be repaired to the seller's place of business and collect it from there if this is stipulated in the seller's service description or if the parties have reached a corresponding agreement. In this case, the above provisions regarding the assumption of costs and risks for shipping and return of the item apply accordingly. 8.7 The aforementioned provisions do not limit the customer's statutory rights in the event of a purchase of goods from the seller. 8.8 The seller is liable for defects in the repair service provided in accordance with the statutory liability for defects. 9) Redemption of promotional vouchers 9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period. 9.2 Promotional vouchers can only be redeemed by consumers. 9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher. 9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 9.5 Multiple promotional vouchers can be redeemed in one order. 9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller. 9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. 9.8 The balance of a promotional voucher will not be paid out in cash and will not accrue interest. 9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal. 9.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material eligibility of the respective voucher holder. 10) Redemption of Gift Vouchers 10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher. 10.2 Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer by the expiration date. 10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 10.4 Multiple gift vouchers can be redeemed in one order. 10.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers. 10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. 10.7 The balance of a gift voucher will not be paid out in cash or accrue interest. 10.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder. 11) Applicable Law 11.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence. 11.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded. 12) Place of Jurisdiction If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to bring the dispute before the court at the customer's place of residence.13) Alternative dispute resolution13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odrThis platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.13.2 The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.

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