General Terms and Conditions with Customer Information

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 Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special conditions for the processing of goods in accordance with specific customer specifications
10. Redeeming promotional vouchers
11. Redeeming gift vouchers
12. Applicable Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “ GTC”) of Feldherr Lager- & Transportsysteme GmbH (hereinafter “Seller”) apply to all contracts for the supply of goods which a consumer or business (hereinafter “Customer”) concludes with the Seller in respect of the goods displayed by the Seller auml;ufer in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 These General Terms and Conditions apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise specified.

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 commercial nor attributable to their self& professional activity.

1.4 An ‘entrepreneur’ within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, which, when entering into a legal transaction, in the course of their commercial or self-employed professional activities.

1.5  If the customer’s delivery and billing address is in Switzerland or Liechtenstein, the following terms and conditions shall apply, provided that MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter “MeinEinkauf”) becomes the customer’s contractual partner in place of the seller. In this case, the Seller acts solely as an intermediary between the customer and MeinEinkauf and does not itself become a party to the contract of sale. The customer is expressly informed of this in the Seller’s online shop. In this case, MeinEinkauf is responsible for the fulfilment of the contract. The Seller & will, in this case, handle correspondence with the customer on behalf of MeinEinkauf. This also applies to correspondence relating to any breaches of contract, in particular where the customer asserts rights arising from defects.

2) Conclusion of the 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 enable the Customer to make a binding offer.

2.2  The customer may submit the offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer makes a legally binding contractual offer regarding the goods contained in the shopping basket. Furthermore, the customer may also submit the offer to the seller by email, fax, via the online contact form, by post or by 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 date on which the order confirmation is received by the customer shall be decisive, or
• by delivering the ordered goods to the customer, in which case the date on which the goods are received by the customer shall be decisive, or
• by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends upon the expiry of the f& fifth day following the submission 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 result that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/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/en/legalhub/paypal/ privacywax-full. If the customer pays using a payment method offered by PayPal and selectable 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 ordering process.

2.5 If the “Amazon Payments” payment method is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe Terms of Use, available at https:/ /pay.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process, they simultaneously issue a payment instruction to Amazon. In this case, the seller hereby declares acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When ordering via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the customer in writing (e.g. by email, fax or letter) once the customer has submitted their order. The Seller does not The Seller does not make the text of the contract available in any other way. If the customer has set up a user account in the Seller’s online shop before submitting their order, the order details will be archived on the seller’s website and may be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

2.7 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 tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.

2.9  Order processing is generally carried out automatically via email. 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.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices inclusive of statutory VAT. Any additional delivery and postage costs, where applicable, are specified separately in the relevant 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 via credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties) . Such costs may also arise in connection with the transfer of funds 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 payment in advance 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 processing is carried out via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal whereby they make an advance payment to the customer (e.g. purchase on account or payment by instalments), they assign their payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Prior to accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer’s chosen payment method in the event of a negative credit check result. If the chosen payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment instalments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal in a manner that discharges the debt. However, even in the event of the assignment of the claim, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and -replacements or credit notes.

4.6 If the payment method "Sofortüberweisung" is selected payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung” , the customer must have an online banking account that has been activated for use with “Sofortüberweisung”, authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then processed immediately by Klarna and the customer’s bank account is debited. Further information on the “Sofortüberweisung” payment method can be found online at https://www.klarna.com/sofort/.

4.7  If a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“ Shopify“). The individual payment methods offered via Shopify Payments are displayed to the customer in the seller’s online shop. Shopify may use additional payment service providers to process payments, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.8 If a payment method offered via the “Apple Pay” payment service is selected, the payment will be processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”) . The individual payment methods offered via Apple Pay are communicated to the customer in the seller’s online shop. To process payments, Apple may use additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on Apple Pay is available online at https://www.apple.com/ de/apple-pay/.

4.9  If a payment method offered via the “Google Pay” payment service is selected, payment processing is carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The specific payment methods offered via Google Pay are displayed to the customer in the seller’s online shop. To process payments, Google may use additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.10 If a payment method offered via the “Mollie” , payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, the Netherlands (hereinafter: “Mollie”). To process payments, Mollie may use other payment services, f& to which specific payment terms may apply, of which the customer may be notified separately. Further information on “Mollie” is available online at https://www.mollie.com/de/.

4.11 If a payment method offered via the “Ratepay” (e.g. Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay instalment payment), payment processing is carried out by Ratepay GmbH, Ritterstr. 12–14, 10969 Berlin (hereinafter “Ratepay”), to whom the seller assigns its claim against& the customer. The specific Ratepay payment methods offered by the seller are communicated to the customer on the seller’s website. The customer may only make payments to Ratepay with debt-discharging effect. However, the seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and related correspondence, or credit notes). In all other respects, Ratepay’s General Terms and Conditions of Payment apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.12 If a payment method offered via the “VR Payment” payment service is selected, payment processing is carried out by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: “ VR Payment“). The individual payment methods offered via VR Payment are displayed to the customer in the seller’s online shop. To process payments, VR Payment may use the services of third-party payment service providers, to which specific payment terms may apply; the customer may be notified of these separately where applicable. Further information on “ VR Payment” is available online at https://www.vr-payment.de/produkte/ e-commerce-payment.

4.13 If a payment method offered via the “Commerz Global Pay” payment service is selected, payment processing is carried out by the payment service provider Commerz Globalpay GmbH, Elsa-Brandström-Straße 10–12, 50668 Cologne, Germany (hereinafter: “Commerz Global Pay&# 8220;). The individual payment methods offered via Commerz Global Pay are displayed to the customer in the seller’s online shop. To process payments, Commerz Global Pay may use the services of third-party payment service providers, to which specific payment terms and conditions may apply, and of which the customer may be notified separately where applicable. Further information on “Commerz Global Pay” is available online at https://www.commerz-globalpay.com/ de-de/solutions/e-commerce.

4.14 If a payment method offered via the “Adyen” payment service is selected, payment processing is handled by the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, the Netherlands (hereinafter: “Adyen”). The individual payment methods offered via Adyen are displayed to the customer in the seller’s online shop. To process payments, Adyen may use the services of third-party payment service providers, to which specific payment terms may apply; the customer may be notified of these separately where applicable. Further information on “ Adyen" is available online at https://www.adyen.help/hc/de.

4.15 If a payment method offered via the “Unzer” payment service is selected, payment processing is carried out by Unzer Luxembourg S.A., 18–20 Rue Gabriel Lippmann, 5365 Munsbach, Luxembourg (hereinafter: “Unzer”). The individual payment methods offered via Unzer are communicated to the customer in the seller’s online shop. To process payments, Unzer may use the services of third-party payment service providers, to which specific payment terms and conditions may apply; the customer will be notified of these separately where applicable. Further information on “Unzer” is available online at https://www.unzer.com/de/zahlungsmethoden/.

4.16 If a payment method offered via the “ Stripe“ payment method, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller’s online shop. To process payments, Stripe may utilise additional payment services, to which specific payment terms and conditions may apply; the customer may be notified of these separately where applicable. Further information on Stripe is available online at https://stripe. com/de.

4.17 If a payment method offered via the ‘SumUp’ payment service is selected, payment processing is carried out by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter “SumUp”). The individual payment methods offered via Stripe are displayed to the customer in the seller’s online shop. To process payments, SumUp may utilise additional payment services, to which specific payment terms and conditions may apply; the customer will be notified of these separately where applicable. Further information on SumUp is available online at https://www.sumup.com/de-de/

4. 18 If a payment method offered via the “Squarespace Payments” payment service is selected, payment processing is carried out by the payment service provider Squarespace, Le Pole House, Ship Street Great, Dublin 8, Ireland. The specific payment methods offered via Squarespace are displayed to the customer in the seller’s online shop. To process payments, Squarespace may utilise additional payment services, to which specific payment terms may apply; the customer may be notified of these separately where applicable. Further information on Squarespace Payments is available online at https://de.squarespace.com/payments.

4.19 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price is payable without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if Ü the specified order volume is exceeded. In this case, the seller will inform the customer of any such payment restrictions in the payment information section of the online shop. The seller further reserves the right to to carry out a credit check when the ‘purchase on account’ payment method is selected and to refuse this payment method if the credit check is unsuccessful.

4.20 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of any such payment restrictions in the payment information section of the online shop.

4.21 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 30 days of the invoice date to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The ‘purchase on account’ payment method is subject to a successful credit by Klarna AB. If, following a credit check, the customer is authorised to use the ‘purchase on account’ payment method, the payment will be processed in collaboration with Klarna AB, to whom the seller assigns its claim for payment. In this case, the customer may only make payment to Klarna AB with discharging effect. In all other respects, the General Terms and Conditions of Klarna AB apply in this regard; the customer may access these during the ordering process. The seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of any corresponding payment restriction in the payment information section of the online shop.

4.22 If the SEPA direct debit payment method is selected, the invoice amount is payable in full following the issue of a SEPA direct debit mandate, but not before the expiry of the advance notice period for the payment& The direct debit will be collected when the ordered goods leave the seller’s warehouse, but not before the expiry of the pre-notification period. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or because incorrect bank details were provided, or if the customer objects to the debit despite not being entitled to do so, the customer shall bear the charges arising from the reversal by the relevant credit institution& if they are at fault. The seller reserves the right, where the SEPA direct debit payment method is selected, to carry out a credit check and to reject this payment method should the credit check prove unfavourable.

4.23  If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the expiry of the pre-notification period. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the expiry of the pre-notification period. Pre-notification refers to any communication (e.g. invoice, policy, contract) from the seller to the customer which announces a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or because incorrect bank details were provided, or if the customer objects to the debit despite not being entitled to do so, the customer shall bear the charges arising from the chargeback by the relevant credit institution if they are responsible for this.

4.24 If the payment method “PayPal Direct Debit” is selected PayPal will debit the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the pre-notification period. Pre-notification refers to any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not processed due to insufficient funds in the account or because incorrect bank details were provided or if the customer objects to the debit despite not being entitled to do so, the customer shall bear the charges arising from the reversal by the relevant credit institution, provided that they are responsible for this.

4.25 If the payment method ‘Direct Debit via Stripe’ is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”) . In this case, Stripe will debit the invoice amount from the customer’s bank account on behalf of the seller following the issue of a SEPA direct debit mandate, but not before the expiry of the pre-notification period. ‘Pre-notification’ means any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or because incorrect bank details were provided, or if the customer objects to the debit, even though they are not entitled to do so, the customer shall bear the charges arising from the reversal by the relevant credit institution, provided they are responsible for this. The seller reserves the right, where the SEPA direct debit payment method is selected, to carry out a credit check and to reject this payment method should the credit check be negative.

4.26 If the ‘Credit Card via Stripe’ payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to decline this payment method if the credit check is unsuccessful.

4.27 If the “easyCredit instalment purchase” payment method is selected& #8220;, payment processing is handled by TeamBank AG, Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter “TeamBank AG”), to which the seller assigns its payment claim. Prior to accepting the seller’s declaration of assignment , TeamBank AG carries out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method “easyCredit instalment purchase”„ 8220;” in the event of a negative credit check result. If the “easyCredit instalment purchase” #8220; is approved by TeamBank AG, the customer must pay the invoice amount to TeamBank AG in accordance with the terms and conditions set by the seller, which will be communicated to the customer in the seller’s online shop. In this case, the customer may only make payment to TeamBank AG with discharging effect. However, even in the event of the assignment of the claim, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and related returns, or credit notes. In addition, the General Terms and Conditions for easyCredit instalment purchases apply; these can be found online at https://www.easycredit-ratenkauf.de/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/.

5) Delivery and shipping terms

5.1 If the seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified in the Seller’s order processing system shall be decisive.

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 costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s cancellation policy shall apply to the costs of returning the goods.

5.3 If the customer is acting as a trader, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has handed the goods over to the carrier, the freight forwarder or to any other person or organisation designated to carry out the dispatch. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a general rule, not pass to the customer until the goods have been handed over to the customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer & as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch carry out the dispatch and the seller has not previously disclosed the identity of that person or organisation to the customer.

5.4 If the customer is a consumer resident in Germany or a business, the seller reserves the right to withdraw from the contract in the event of incorrect or non-compliant supply to the seller. However, this shall only apply the event that the non-delivery is not the fault of the seller and the seller has, with due care, concluded a specific covering transaction with the supplier. The seller shall make every reasonable effort to procure the goods. In the event of unavailability or only partial , the customer shall be informed without delay and the payment shall be refunded immediately.

5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods during the opening hours specified by the Seller at the address provided by the Seller. In this case, no delivery charges will be incurred.

5.6 Vouchers are made available to the customer as follows:

• by download
• by email
• by fax
• by post

6) Retention of title

If the seller makes an advance delivery, they reserve title to the goods delivered until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:

7.1 If the customer is acting as a business,

• the seller may choose the method of rectification;
• for new goods, the limitation period for rights arising from defects is one year from delivery of the goods;
• in the case of second-hand goods, rights arising from defects are excluded;
• the limitation period does not recommence if a replacement delivery is made under the liability for defects.

7.2 The limitations of liability and shortened limitation periods set out above shall 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 which, in accordance with their normal intended use, have been used in a building and have caused its defectiveness,
• for any obligation the seller may have to provide updates for digital products, in the case of contracts for the supply of goods containing digital elements.

7.3 Furthermore, in the case of business customers, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the customer is acting as a trader within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). Should the customer fail to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.

7.5& nbsp;If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery agent regarding any goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for compensation for damage and expenses as follows:

8.1  The seller shall be liable without limitation on any legal ground

• in cases of wilful misconduct or gross negligence,
• in cases of wilful or negligent injury to life, limb or health,
• on the basis of a guarantee, unless otherwise stipulated in this regard,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the customer is a consumer resident in Germany or a business, the following limitations of liability shall apply:

If the seller negligently breaches a material contractual obligation, their liability shall be limited to the foreseeable damage typical for this type of contract, unless they are liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller, by virtue of its content, in order to achieve the purpose of the contract, the fulfilment of which enables the proper performance of the contract in the first place and which the customer may reasonably äß reasonably rely on compliance with. Otherwise, the seller’s liability is excluded unless he bears unlimited liability in accordance with the preceding clause.

8.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Special terms and conditions for the processing of goods in accordance with specific customer specifications

9.1 If, under the terms of the contract, the seller is obliged not only to deliver the goods but also to process them in accordance with specific customer specifications, the customer shall provide the seller with all necessary for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller, and to grant the Seller the necessary rights of use for this purposeä . The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and accepts responsibility for ensuring that they possess the right to use the content provided to the seller. In particular, they shall ensure that this does not infringe any third-party rights, in particular copyright, trade mark rights and personality rights.

9.2  The Customer shall indemnify the Seller against any claims by third parties which such third parties may assert against the Seller in connection with an infringement of their rights arising from the Seller’s use of the Customer’s content in accordance with the contract. The Customer & shall also bear the necessary costs of legal defence, including all court and legal fees at the statutory rate. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim being made by a third party, the Customer is obliged to provide the Seller immediately, truthfully and in full with all information necessary for the examination of the claims and for the defence.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose & violate statutory or regulatory prohibitions or are contrary to public decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.

10) Redeeming promotional vouchers

10.1 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”), may only be redeemed in the Seller’s online shop and only during the specified period.

10.2 Promotional vouchers may only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.5 Only one promotional voucher may be redeemed per order.

10.6 If the promotional voucher relates to a specific value rather than a percentage discount, 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.

10.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

10.8  The credit balance of a promotional voucher shall not be paid out in cash nor shall interest be paid on it.

10.9 The promotional voucher shall not be refunded if the customer returns goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.10 The promotional voucher is transferable. The seller may fulfil its obligations with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller auml;ufer is aware of, or is grossly negligent in failing to recognise, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the seller’s& (hereinafter “gift vouchers”) may only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.3 Gift vouchers may only be used to purchase goods and not to purchase further gift vouchers.

11.4 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

11.5 The balance of a gift voucher shall not be paid out in cash nor shall it accrue interest.

11.6 The gift voucher is transferable. The seller may, with discharging effect, fulfil its obligations to the respective holder who redeems the gift voucher in the seller’s online shop, . This shall not apply if the Seller is aware, or is grossly negligent in failing to be aware, of the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.

12) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws governing the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence

13) Place of jurisdiction

If the customer is a trader, a legal person governed by public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller auml;ufers. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s registered office shall be 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. In the above cases, however, the seller is in any event entitled to bring proceedings before the court at the customer’s place of business.

14) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.