General Terms and Conditions with Customer Information

Table of Contents

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

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Robert Vetter, operating under "Robert Vetter Marketing & Vertrieb" (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 displayed 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 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable 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 going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by e-mail or telephone.

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

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, 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 Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled 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, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.

2.5 If the "Amazon Payments" payment method is selected, payment processing is handled by 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, viewable 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 concludes the ordering process, they also issue a payment order to Amazon. In this case, the Seller already declares acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.6 When ordering via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller will not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by providing the corresponding login data.

2.7 Before submitting the binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which magnifies the display on the screen. 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 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact 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 the 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 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.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered via the "Shopify Payments" payment service 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"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, of which the Customer may be separately informed. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.5 If a payment method offered via the "Apple Pay" payment service is selected, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the Customer in the Seller's online shop. Apple may use other payment services for payment processing, for which special payment conditions may apply, of which the Customer may be separately informed. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.6 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 individual payment methods offered via Google Pay will be communicated to the Customer in the Seller's online shop. Google may use other payment services for payment processing, for which special payment conditions may apply, of which the Customer may be separately informed. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.7 If a payment method offered via the "Stripe" payment service is selected, payment processing is carried out via 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 will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, of which the Customer may be separately informed. Further information on Stripe is available online at https://stripe.com/de.

4.8 If the payment method "Credit card via Stripe" is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via 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 refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If the 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 shipping if the Customer effectively exercises their right of withdrawal. For return costs, the provision made in the Seller's cancellation policy applies when the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer upon delivery of the goods to the Customer or a person authorised to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the forwarder, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarder, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete hedging 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 partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the Seller's specified business hours at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller makes advance payment, he reserves ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, 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 defect claims is one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned limitations of liability and reductions of deadlines 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 have been used for a building in accordance with their usual use and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery 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 within the meaning of Section 1 HGB (German Commercial Code), he is subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the delivery person and to inform the Seller thereof. If the Customer does not comply with this, this has no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory, also tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

• in case of intent or gross negligence,
• in case of intentional or negligent injury to life, body or health,
• due to a guarantee promise, unless otherwise regulated in this respect,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless liability is unlimited in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible at all and on the observance of which the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The foregoing liability regulations also apply with regard to the Seller's liability for his vicarious agents and legal representatives.

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 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

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

9.4 Several promotional vouchers can also be redeemed for one order.

9.5 If the promotional voucher refers to a specific value and not to a percentage discount, the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be reimbursed by the seller.

9.6 If the value of the promotional 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 credit of a promotional voucher will neither be paid out in cash nor accrue interest.

9.8 The promotional voucher will not be reimbursed if the customer returns goods paid for entirely or partially with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is intended exclusively for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining credit of gift vouchers can be redeemed until the end of the third year following the year of purchase. Remaining credit 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 offsetting is not possible.

10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

10.5 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.

10.6 The credit of a gift voucher will neither be paid out in cash nor accrue interest.

10.7 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder 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 respective holder's lack of authorization, legal incapacity, or lack of power of representation.

11) Applicable Law

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

12) Code of Conduct

- The seller has submitted to the terms of participation for the eCommerce initiative "Fairness im Handel", which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

13) Alternative Dispute Resolution

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