General Terms and Conditions

General Terms and Conditions

Article 1 - Definitions

The following terms are defined in these terms and conditions:

- **Withdrawal period:** the period within which the consumer can exercise his right of withdrawal;
- **Consumer:** the natural person who does not act within the scope of his commercial or independent professional activity and concludes a distance contract with the entrepreneur;
- **Day:** calendar day;
- **Long-term transaction:** a distance contract for a series of products and/or services, where the delivery and/or purchase obligation is spread over a longer period;
- **Durable medium:** any means that enables the consumer or entrepreneur to store information that is personally tailored to him in a way that allows future consultation and unaltered reproduction of the stored information;
- **Right of withdrawal:** the consumer's ability to withdraw from the distance contract within the withdrawal period;
- **Entrepreneur:** the natural or legal person who offers consumers products and/or services at a distance;
- **Distance contract:** a contract where exclusively one or more means of distance communication are used within the framework of a system organized by the entrepreneur for the distance selling of goods and/or services until the conclusion of the contract;
- **General Terms and Conditions:** these general terms and conditions of the merchant.

Article 2 - Applicability

These general terms and conditions apply to every offer from the entrepreneur, as well as to every distance contract and every order concluded between entrepreneur and consumer.

Before concluding the distance contract, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, the entrepreneur must indicate before concluding the distance contract that the general terms and conditions are available for the consumer's inspection and that they will be sent to him free of charge and as quickly as possible upon request by the consumer.

If, in addition to these general terms and conditions, product- or service-specific conditions apply, paragraphs two and three apply accordingly, and in the event of conflicting general terms and conditions, the consumer must always rely on the provision that is most favorable to him.

Should one or more provisions of these general terms and conditions be wholly or partially invalid at any time, the remaining provisions of the contract and these general terms and conditions shall remain valid, and the provision concerned shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the original purpose of the invalid provision.

Matters not covered by these general terms and conditions shall be judged "in the spirit" of these general terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 3 - The Offer

If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.

The offer may be changed. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. Obvious errors or defects in the offer shall not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot lead to compensation or dissolution of the contract.

The images of the products reflect the offered products. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains information that enables the consumer to determine what rights and obligations are associated with accepting the offer. This concerns in particular:

- the price including taxes and charges;
- the possible transfer costs;
- Optional: available sizes, colors, types of materials;
- how the contract will be concluded and what steps need to be taken to obtain the contract;
- whether the right of withdrawal applies or not;
- the exact payment, delivery, and performance conditions of the contract;
- the deadline for accepting the offer or the deadline by which the entrepreneur guarantees the price;
- the amount of the fee for remote communication, if the costs for the use of remote communication means are calculated on a basis other than the regular basic rate for the technology used;
- whether the contract will be archived after its conclusion and, if so, how the consumer can access it;
- how the consumer can check and, if necessary, correct the information he has provided before concluding the contract;
- the languages accepted for the conclusion of the contract;
- the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically, as well as
- the minimum duration of the distance contract in the case of a longer transaction.

Optional: available sizes, colors, types of materials.

Article 4 - The Contract

Subject to the provisions of paragraph 4, the contract shall come into effect when the consumer accepts the offer and fulfills the specified conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may revoke the contract.

If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur must take appropriate security measures.

Within the legally permissible framework, the entrepreneur may collect information about the consumer's creditworthiness and any facts and factors important for the responsible conclusion of the distance contract. If, based on this examination, the entrepreneur has valid reasons not to conclude the contract, he is entitled to reject an order or request or to impose special conditions for its fulfillment.

The entrepreneur must provide the consumer with the following information in writing or in a manner that can be stored by the consumer on a durable medium:

- The conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
- Information about guarantees and available customer service;
- the information referred to in Article 4 paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;
- the conditions for termination of the contract if the contract has a term of more than one year or is of indefinite duration.

In the case of an ongoing obligation, the provisions of the preceding paragraph shall apply only to the first delivery.

Each contract shall be concluded subject to the suspensive condition that the products concerned are sufficiently available.

Article 5 - Right of Withdrawal

When purchasing products, the consumer has the option to withdraw from the contract within 14 days without giving any reason. This withdrawal period begins on the day after the consumer or a third party designated by him and known to the entrepreneur has received the goods.

During this period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories supplied and, if possible, in the original condition and packaging in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he must inform the entrepreneur of this within 14 days of receiving the product. The consumer must do this in writing or by email. Once the consumer has exercised his right of withdrawal, he must return the product within 14 days. The consumer must prove that he has returned the goods on time, for exampleby providing a proof of shipment.

If the consumer has not returned the product within the specified period, the purchase is considered final.

The consumer is responsible for the direct costs of returning the product. If the entrepreneur has not informed the consumer that he must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the return costs.

If the consumer withdraws from the contract, all additional agreements are dissolved by operation of law.

Article 6 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

- which have been created by the entrepreneur in accordance with the consumer's specifications;
- which are clearly of a personal nature;
- which cannot be returned due to their nature;
- which spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for single newspapers and magazines;
- for audio and video recordings and computer software, if the consumer has broken the seal.

Article 7 - The Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. The offer will state the possibility of price fluctuations and the fact that any indicated prices are target prices.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the contract as of the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 8 - Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with the reasonable requirements of reliability and/or usability, and with the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer, under the contract, can enforce against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.

The warranty period of the entrepreneur matches the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

Article 9 - Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has provided to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and to any compensation.

In the event of termination in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 30 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement item. At the latest upon delivery, it will be stated in clear and understandable language that a replacement item is being delivered. For replacement items right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

Article 10 - Duration Transactions: Duration, Termination, and Renewal

Termination:

The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services, at any time by the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may, in the agreements referred to in the preceding paragraphs:

- terminate them at any time and not be limited to termination at a specific time or during a specific period;
- at least terminate them in the same way as they were entered into by him;
- always terminate them with the same notice period as the company has stipulated for itself.

Renewal:

An agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.

Contrary to the preceding paragraph, an agreement entered into for a definite period and that extends to the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a specified period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, weekly, and monthly newspapers and magazines.

An agreement with limited duration to the regular delivery of trial and introductory subscriptions as defined in the introductory paragraph will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 11 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts when the consumer has received the confirmation of the agreement.

When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevantcontract or service(s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not fulfill his payment obligation(s) in time, after the entrepreneur has pointed out the late payment and the entrepreneur has granted the consumer a 14-day period to still fulfill his payment obligations, the consumer is legally in default. During this default period, the consumer will owe the statutory interest on the amount owed. The entrepreneur has the right to charge any extrajudicial collection costs incurred by him in addition to the amount owed by the consumer.

Article 12 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted to the entrepreneur promptly, fully, and clearly, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, it becomes a dispute that is subject to the dispute settlement procedure.