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. Shipping and delivery conditions

6. Granting of rights of use for digital content

7. Retention of title

8. Liability for defects (warranty)

9. Special conditions for the processing of goods according to specific customer requirements

10. Redemption of promotional vouchers

11. Redemption of gift vouchers

12. Applicable Law

13. Alternative dispute resolution

1) Scope

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

1.2 These GTC apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise specified.

1.3 These GTC apply mutatis mutandis to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these GTC refers to data created and provided in digital form.

1.4 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 their independent professional activity.

1.5 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 for 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 regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

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

• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or

• requesting payment from the Customer after they have placed 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 at the end 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 is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal user agreement, viewable 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 and conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected 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 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after their order has been placed. The contract text will not be made accessible by the Seller 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 using the corresponding login data.

2.6 Before submitting a 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 identification of input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

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

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 incurred will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases 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 can also arise in connection with money transfers 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 advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method "SOFORT" is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service "Wix Payments" is selected, payment processing is handled by the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter "Wix"). The individual payment methods offered via Wix are communicated to the customer in the seller's online shop. Wix may use other payment services for payment processing, for which special payment conditions may apply, to which the customer may be separately informed if necessary. Further information on Wix Payments can be found on the Internet at https://de.wix.com/payments.

5) Shipping and delivery 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 specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction. 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 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 dispatch if the Customer effectively exercises their right of withdrawal. For the return costs, in the event of an effective exercise of the right of withdrawal by the Customer, the provisions made in the Seller's cancellation policy apply.

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 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 generally only passes when the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer even for 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 has commissioned the forwarding agent, the carrier or the person or institution otherwise 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-delivery. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific 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 only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• via download

• via email

5.7 Digital content is provided to the Customer as follows:

• via download

• via email

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive, geographically and temporally unlimited right to use the provided content for private and commercial purposes.

6.2 Transferring the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted, unless the Seller has agreed to a transfer of the contractually agreed license to the third party.

6.3 Insofar as the contract refers to the one-time provision of digital content, the grant of rights only becomes effective when the Customer has paid the owed remuneration in full. The Seller may provisionally permit use of the contractually agreed content even before this time. A transfer of rights does not occur through such provisional permission.

7) Retention of title

If the Seller makes advance payments, they reserve ownership of the delivered goods until full payment of the owed purchase price.

8) Liability for defects (warranty)

8.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.2 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 delivery of the goods;

• for used goods, rights and claims due to defects are excluded;

• the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

8.3 The limitations of liability and reductions in time limits regulated above shall 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 which have been used for a building in accordance with their usual purpose 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.

8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.5 If the customer acts as a merchant within the meaning of Section 1 HGB (German Commercial Code), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB applies to them. If the customer fails to comply with the notification duties regulated therein, the goods shall be deemed approved.

8.6 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 fails to do so, this shall have no effect on their statutory or contractual claims for defects.

9) Special conditions for the processing of goods according to specific customer requirements

9.1 If, according to the content of the contract, the seller owes, in addition to the delivery of goods, also the processing of the goods according to specific customer requirements, the customer must provide the seller with all content necessary for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and grant the seller 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 infringed thereby, especially copyright, trademark and personal rights.

9.2 The customer shall indemnify the seller against claims by third parties that they may assert against the seller in connection with an infringement of their rights by the seller's contractual use of the customer's content. The customer shall also bear the necessary costs of legal defense, including all court and lawyer fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

9.3 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 offends common decency. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the seller as part of promotions 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.

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

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

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6 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.

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

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

10.9 The promotional voucher is transferable. The seller can make payment with exonerating effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of power of representation of the respective holder.

11) Redemption of gift vouchers

11.1 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.

11.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the customer until the expiry date.

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

11.4 Several gift vouchers can also be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.6 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.

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

11.8 The gift voucher is transferable. The seller can make payment with exonerating 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 lack of entitlement, legal incapacity or lack of power of representation of the respective holder.

12) Applicable Law

12.1 The laws of the Federal Republic of Germany shall apply to all legal relations between the parties, to the exclusion of the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

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

13) Alternative Dispute Resolution

13.1 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 out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

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