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. Special Conditions for Processing Goods According to Specific Customer Requirements
10. Redemption of Promotional Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of CONSALNET GmbH (hereinafter "we/us") apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter “you”) conclude with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions unless we have agreed otherwise with you.

1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither attributable to your commercial nor your independent professional activity.

1.3 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a legally capable partnership acting in the exercise of your commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part but serve to submit a binding offer by you.

2.2 You can submit the offer via the online order form integrated into our online shop. After you have placed the selected goods in the virtual shopping cart and completed the electronic ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button completing the order process.

2.3 We can accept your offer within five days by:

• sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or
• delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
• asking you to make payment after placing your order.

If several of the above alternatives occur, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The acceptance period for your offer begins on the day after the dispatch of your offer and ends at the end of the fifth day following the dispatch of the offer. If we do not accept your offer within the aforementioned period, this will be deemed a rejection of the offer with the result that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing will be carried out 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”), under the PayPal terms of use available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – under the conditions for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a payment method offered by PayPal selectable in the online ordering process, we hereby declare acceptance of your offer at the moment you click the button that completes the ordering process.

2.5 When submitting an offer via our company’s online order form, the contract text is stored by us after the contract is concluded and sent to you in text form (e.g., email, fax or letter) after you have submitted your order. We do not make the contract text available to you beyond that. If you have set up a user account in our online shop before submitting your order, the ordering data will be archived on our website and can be retrieved by you via your password‑protected user account using your corresponding login details free of charge.

2.6 Before bindingly submitting the order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries within the electronic ordering process via the usual keyboard and mouse functions until you click the button that completes the order process.

2.7 Different languages are available to you for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are usually carried out by email and automated order processing. You must ensure that the email address you provide for order processing is correct so that the emails sent by us can be received at this address. In particular, if you use SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information about the right of withdrawal can be found in our cancellation policy.

4) Prices and Payment Terms

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

4.2 The payment method(s) available to you will be communicated in our online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless a later due date has been agreed.

4.4 To secure your payments, we have set up an escrow account, which is managed by us and kept separate from our regular business account. This account must maintain a positive minimum balance at all times. When selecting the "payment to escrow account" option, you shall transfer the purchase price to the escrow account specified by us. We are only entitled to transfer the paid amount to our business account once we have provided appropriate proof that the goods have been properly and completely delivered to you (delivery proof). Acceptable forms of delivery proof may include:

• Proof of delivery (e.g., signature upon receipt),
• Proof of handover (e.g., confirmation by the recipient),
• Video documentation of the delivery process,
• Delivery notes or other documents confirming delivery.

You may request the delivery proof from us at any time. Your statutory rights in the event of non-contractual delivery remain unaffected by this.

4.5 If you choose a payment method offered via the “Stripe” payment service, payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods available via Stripe will be shown in our online shop. Stripe may use third-party payment services for processing, which may be subject to additional terms, to which you will be separately informed if applicable. Further information about Stripe is available at https://stripe.com/de.

4.6 When choosing credit card payment via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by Stripe Payments Europe Ltd. Stripe reserves the right to conduct a credit check and may reject this payment method if the result is negative.

5) Delivery and Shipping Conditions

5.1 If we offer shipping of the goods, delivery shall be made within the delivery area specified by us to the delivery address you provided, unless otherwise agreed. The delivery address specified in our order processing is decisive. In case of payment via PayPal, the delivery address registered with PayPal at the time of payment is decisive.

5.2 If the delivery of goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs of the initial shipment if you effectively exercise your right of withdrawal. For return shipping costs, the provisions of our cancellation policy apply.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk passes to you only upon handover of the goods to you or a person authorized to receive them. Notwithstanding this, the risk shall also pass to you as a consumer once we have handed over the goods to the carrier, provided you commissioned the carrier yourself and we had not previously named this person or entity to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the failure to deliver is not attributable to us and we have concluded a specific covering transaction with the supplier with due diligence. We shall make every reasonable effort to procure the goods. In case of unavailability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If we make advance payments, we retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions on liability for defects apply. The following shall apply for contracts for the delivery of goods:

7.1 If you act as an entrepreneur,

• we have the right to choose the type of subsequent performance;
• the limitation period for claims for defects in new goods is one year from delivery;
• the rights for defects in used goods are excluded;
• the limitation period does not start anew if a replacement delivery is made under liability for defects.

7.2 The above-mentioned limitations and reductions of periods do not apply:

• to claims for damages and reimbursement of expenses,
• in the event that we have fraudulently concealed the defect,
• to goods used in accordance with their normal use for a building and causing its defectiveness,
• to any existing obligation on our part to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If you are a merchant as defined by § 1 HGB (German Commercial Code), you are subject to the commercial duty to inspect and report defects in accordance with § 377 HGB. If you fail to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If you are a consumer, you are kindly requested to notify the deliverer of any goods with obvious transport damage and to inform us accordingly. Failure to do so will not affect your statutory or contractual claims for defects.

8) Liability

We shall be liable to you for all contractual, quasi-contractual and statutory claims for damages and reimbursement of expenses as follows:

8.1 We shall be liable without limitation for any legal reason

• in cases of intent or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• on the basis of a guarantee promise, unless otherwise provided,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If we negligently breach a material contractual obligation, liability shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the above clause. Material contractual obligations are those obligations that the contract imposes on us according to its content for the achievement of the contractual purpose, whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance with which you may regularly rely.

8.3 Liability is otherwise excluded.

8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Requirements

9.1 If, according to the content of the contract, in addition to delivering the goods we also owe the processing of the goods according to your specific requirements, you must provide us with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by us and grant us the necessary usage rights. You alone are responsible for procuring and acquiring the rights to this content. You declare and assume responsibility for having the right to use the content provided to us. In particular, you shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.

9.2 You shall indemnify us against all third-party claims asserted against us in connection with an infringement of their rights through the contractual use of the content provided by you to us. You shall also bear the necessary costs of legal defense, including all court and attorney fees at the statutory amount. This shall not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information required for the examination of the claims and a defense.

9.3 We reserve the right to reject processing orders if the content provided by you for this purpose violates statutory or official prohibitions or public morals. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifying violence content.

10) Redemption of Promotional Vouchers

10.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only during the specified period.

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

10.3 Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 If our promotional voucher refers to a specific value and not to a percentage discount, the value of your goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded.

10.6 If the value of the promotional voucher is not sufficient to cover your order, you may choose one of the other payment methods offered by us to settle the difference.

10.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

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

10.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. We are entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

11) Applicable Law

All legal relationships between you and us shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law shall apply only insofar as the protection granted to you is not withdrawn by mandatory provisions of the law of the state in which you have your habitual residence.

12) Place of Jurisdiction

If you act as a merchant, a legal person under 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 our place of business. If you have your registered office outside the territory of the Federal Republic of Germany, our place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. However, in the above cases, we shall in any event be entitled to bring an action before the court at your place of business.

13) Alternative Dispute Resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.