General Terms and Conditions with Customer Information

Table of Contents

1. Scope
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. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Code of Conduct
14. Alternative Dispute Resolution

1) Scope

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

1.2 These GTC 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 enters into 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 self-employed 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 submission of a binding offer by the Customer.

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.

2.3 The Seller can 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, 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 submission of 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 acceptance of 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 carried out 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/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions 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 When submitting an offer via the Seller's online order form, the contract text will be 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 sending their order. The Seller will not make the contract text accessible beyond this.

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 recognition of input errors can be the browser's magnification function, which enlarges 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.

2.7 The German language is available for the conclusion of the contract.

2.8 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 e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered, especially when using SPAM filters.

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 withdrawal policy.

4) Prices and Payment Conditions

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

4.2 In the case of 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 transfer 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 relation to the money transfer if the delivery does not take place 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 a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal for which it makes advance payments to the Customer (e.g. invoice purchase or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries 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 credit check 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, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.5 If a payment method offered via the payment service "Shopify Payments" 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, to which the Customer may be separately informed. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the 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.

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 dispatch if the Customer effectively exercises their right of withdrawal. For the costs of return, the provisions made in the Seller's withdrawal policy apply if 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 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 with the handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer 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 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 applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability 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 due to logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• via e-mail
• by post

6) Retention of Title

If the Seller makes advance payments, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

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:

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 the delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, for contracts for the delivery of used goods, with the restriction of the following paragraph: The limitation period for defect claims is one year from the delivery of the goods, if this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The aforementioned limitations of liability and reductions of deadlines do not apply

• to the Customer's claims for damages and reimbursement of expenses,
• if 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 supply of goods with digital elements.

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

7.5 If the Customer acts as a merchant within the meaning of Section 1 HGB, they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the duties to give notice regulated therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the deliverer 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, as well as tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without restriction for any legal reason

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

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The above liability regulations also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific validity period and that 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 crediting 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 will it bear interest.

9.8 The promotional voucher will not be refunded if the Customer returns the 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 transferable. The Seller can make payment with debt-discharging 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 authorization, legal incapacity or lack of power of representation of the respective holder.

10) Redemption of Gift Vouchers

10.1 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.

10.2 Gift vouchers and remaining credit of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. 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 crediting is not possible.