General terms and conditions of business

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Table of contents

1. Scope of Application 2. Conclusion of Contract 3. Right of Withdrawal 4. Prices and Terms of Payment 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 [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 its 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 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. 1.4 For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into 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 as an invitation to the customer to submit a binding offer. 2.2 The customer can submit the offer via 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 offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. The customer may also submit the offer to the seller via email, fax, online contact form, mail, or telephone. 2.3 The seller may 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), in which case the receipt of the order confirmation by the customer is decisive; or - delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive; or - requesting payment from the customer after the order has been placed. If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The acceptance period for the offer begins on the day after the customer submits the offer and ends at the close of the fifth day following the submission. If the seller does not accept the customer's offer within the aforementioned period, this is considered 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 is handled by 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, which can be viewed 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 for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process. 2.5 When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been submitted. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before submitting their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details. 2.6 Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors is the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order. 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 communication generally take place via email and automated order processing. The customer must ensure that the email address they provide for order processing is correct so that emails sent by the seller can be received at that 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 are not citizens of a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract. 4) Prices and Payment Terms 4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. This includes, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred in connection with the money transfer even if the delivery is not 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 upon 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 processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), 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 assignment of receivables, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit 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, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the case of assignment of receivables, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of cancellation and their submission, or credit notes. 4.6 If the payment method "SOFORT" is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT", the customer must have an online banking account that is activated for participation in "SOFORT", authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately 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 shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction. 5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulations set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal. 5.3 If the customer is acting as a business, the risk of accidental loss or accidental damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or accidental damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the above, the risk of accidental loss or accidental damage to the goods sold passes to the customer, even in the case of consumers, as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller did not previously inform the customer of this person or entity. 5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately. 5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged. 5.6 Vouchers will be provided to the customer as follows: - via download - via email - by post 6) Retention of Title If the seller performs in advance, they retain title to the delivered goods until full payment of the purchase price owed. 7) Liability for Defects (Warranty) Unless otherwise stipulated in the following provisions, the regulations of statutory liability for defects apply. Notwithstanding the above, the following applies to contracts for the supply of goods: 7.1 If the customer is acting as an entrepreneur, - the seller has the right to choose the type of subsequent performance; - the limitation period for defects in new goods is one year from delivery of the goods; - rights and claims due to defects are excluded in the case of used goods; - the limitation period does not restart if a replacement delivery is made within the scope of the warranty for defects. 7.2 The aforementioned limitations of liability and reductions of time limits do not apply: - to claims for damages and reimbursement of expenses by the customer, - in the event that the seller has fraudulently concealed the defect, - to goods that, according to their usual purpose, have been used for a building and have caused its defectiveness, - to any existing obligation of the seller to provide updates for digital products in contracts for the supply of goods with digital elements. 7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected. 7.4 If the customer is acting as a merchant within the meaning of Section 1. Pursuant to Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of 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 approved. 7.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller accordingly. Failure to do so will not affect the customer's statutory or contractual warranty rights. 8. Special Conditions for Repair Services If, according to the contract, the seller is obligated to repair an item belonging to the customer, the following applies: 8.1 Repair services will be performed at the seller's place of business. 8.2 The seller will perform the services at their discretion, either personally or through qualified personnel selected by them. The seller may also utilize the services of third parties (subcontractors) acting on their behalf. Unless otherwise specified 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 for the repair of the item, unless obtaining this information is the seller's responsibility under the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform them 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 premises 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 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 or damage to the goods passes to the customer upon handover of the goods 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 goods. 8.6 The customer may also transport the goods to be repaired to and from the seller's place of business himself, if this is stipulated in the seller's service description or if the parties have made a corresponding agreement. In this case, the aforementioned provisions regarding the allocation of costs and risk for shipping and return shipping of the goods apply accordingly. 8.7 The aforementioned provisions do not limit the customer's statutory warranty rights in the case of the purchase of goods from the seller. 8.8 The seller is liable for defects in the repair service provided in accordance with the provisions of statutory warranty law. 9) Redemption of Promotional Vouchers 9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period 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, provided that a corresponding restriction is stated in the promotional voucher. 9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. 9.5 Multiple promotional vouchers can be redeemed in one order. 9.6 The order value must be at least equal to the value 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 used to pay the difference. 9.8 The value of a promotional voucher will neither be paid out in cash nor 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 their statutory right of withdrawal. 9.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is prohibited. 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 via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher. 10.2 Gift vouchers and any remaining balance on gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiry date. 10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. 10.4 Several gift vouchers can be redeemed in one order. 10.5 Gift vouchers can only be used to purchase goods and not to purchase other 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 used to pay the difference. 10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest. 10.8 The gift voucher is intended for use only 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 entitlement of the respective voucher holder. 11) Applicable Law 11.1 All legal relations between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence. 11.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union. 12) Place of jurisdiction If the customer is 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, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. However, in the aforementioned cases, the seller is entitled in any event to bring an action before the court at the customer's place of residence. 13) Alternative Dispute Resolution 13.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. 13.2 The seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.

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