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 Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for the Processing of Goods according to Certain Specifications of the Customer
9. Redemption of Gift Vouchers
10. Applicable Law
11. Code of Conduct
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Tim Schmidt (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly stipulated otherwise.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of their trade, business or profession.

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 for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods in the virtual shopping cart and having gone through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail, via the online contact form or by telephone.

2.3 The Seller may accept the Customer's offer within five days,

• by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
• by requesting the Customer to pay after placing their order.

If several of the aforementioned alternatives exist, 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 offer is sent by the Customer and ends with 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, the payment will be processed by 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 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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a method of payment offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button completing the ordering process.

2.5 If the payment method "Amazon Payments" is selected, the payment is processed 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 User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button completing the ordering process. In this case, the Seller already declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button completing the order process.

2.6 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g., e-mail, fax or letter) after their order has been sent. Any further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop prior to sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by specifying the corresponding login data.

2.7 Prior to binding submission of the 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 recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

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

2.9 Order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

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.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are located outside the European Union at the time of the conclusion of the contract.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax (VAT). Any additional delivery and shipping costs that may apply are specified 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 are to 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 apply in relation to the money transfer 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 prepayment by bank transfer has been agreed upon, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, the payment is processed via PayPal, whereby PayPal can 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 performance to the Customer (e.g., purchase on account or payment by installments), 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 carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative test result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the case of the assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns, or credit notes.

4.6 If the "SOFORT" payment method is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the Customer's bank account will be debited. The Customer can retrieve further information on the "SOFORT" payment method on the internet at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the "Shopify Payments" service is selected, the payment will be processed 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 Shopify Payments are communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe may use other payment services, for which special payment terms may apply, to which the Customer may be advised separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

4.8 If a payment method offered via the "Stripe" payment service is selected, the payment will be processed 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. For the processing of payments, Stripe may use other payment services, for which special payment terms may apply, to which the Customer may be advised separately. Further information on Stripe is available on the internet at https://stripe.com/de.

4.9 If the purchase on account (Rechnungskauf) payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from the date of the invoice without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method purchase on account requires a successful credit check by Klarna AB. If the Customer is permitted to use the purchase on account payment method after checking creditworthiness, payment will be processed in cooperation with Klarna AB, to whom the Seller assigns their payment claim. In this case, the Customer can only make payment to Klarna AB with a debt-discharging effect. In all other respects, the General Terms and Conditions of Klarna AB, which the Customer can call up as part of the ordering process, apply in this regard. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer in their payment information in the online shop of a corresponding payment restriction.

4.10 If the Direct Debit via Stripe payment method is selected, the payment is processed 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 collect the invoice amount from the Customer's bank account on behalf of the Seller after issuance of a SEPA direct debit mandate, but not before the expiry of the period for the pre-notification. Pre-notification is any notification (e.g., invoice, policy, contract) to the Customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or because of the provision of incorrect bank details, or if the Customer objects to the debit although they are not entitled to do so, the Customer shall bear the fees arising from the chargeback of the respective credit institution if they are responsible for this. The Seller reserves the right to carry out a credit check if the SEPA direct debit payment method is selected and to reject this payment method in the event of a negative credit check.

4.11 If the Credit Card via Stripe payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed 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 reject this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 For goods delivered by a freight forwarder, delivery occurs "free curbside" (frei Bordsteinkante), i.e., to the public curb nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If the 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 with regard to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs, if the Customer effectively exercises their right of withdrawal, the provisions made in the Seller's withdrawal policy shall apply.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise 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 basically only passes upon handover of the goods to the Customer or an authorized recipient. By way of derogation, 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, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller did not name this person or institution to the Customer in advance.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts 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 consideration will be refunded immediately.

5.6 Self-collection is not possible for logistical reasons.

5.7 Vouchers are provided to the Customer as follows:

- via e-mail

6) Retention of Title

If the Seller makes advance performance, they retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless stated otherwise in the following provisions, the regulations of statutory liability for defects shall apply. In derogation thereof, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of supplementary performance;
• for new goods, the limitation period for defects is one year from the delivery of the goods;
• for used goods, rights and claims due to defects are excluded;
• the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The liability limitations and shortened time limits set out above do not apply

• to claims for damages and reimbursement of expenses of the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods which have been used for a building in accordance with their customary manner of use and which have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products, in the case of 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 acts as a merchant in the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to examine and notify defects in accordance with Section 377 HGB. If the Customer fails to meet the notification obligations governed therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the Seller accordingly. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods according to Certain Specifications of the Customer

8.1 If, according to the content of the contract, the Seller owes the processing of the goods according to certain specifications of the Customer in addition to the delivery of the goods, the Customer must provide the Seller with all content required for the processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant them the necessary rights of use for this purpose. The Customer is solely responsible for procuring and acquiring the rights to this content. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, they ensure that no third-party rights are violated by this, specifically copyrights, trademark rights and personal rights.

8.2 The Customer indemnifies the Seller against claims by third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer's content by the Seller. The Customer shall also bear the necessary costs of legal defense, including all court and lawyer's fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Seller immediately, truthfully and completely with all information required for the examination of the claims and a defense in the event of a claim by third parties.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

9) Redemption of Gift Vouchers

9.1 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.

9.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining balances are credited to the Customer until the expiration date.

9.3 Gift Vouchers can only be redeemed prior to the conclusion of the order process. Subsequent offsetting is not possible.

9.4 Only one Gift Voucher can be redeemed per order.

9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of other Gift Vouchers.

9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.7 The balance of a Gift Voucher is neither paid out in cash nor does it earn interest.

9.8 The Gift Voucher is transferable. The Seller can render performance with discharging effect to the respective bearer who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or missing right of representation of the respective bearer.

10) Applicable Law

10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

11) Code of Conduct

• The Seller has submitted to the guidelines for "Google Customer Reviews", which can be viewed on the internet at https://support.google.com/merchants/topic/7105962.
• The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

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