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. Redeeming promotional vouchers
9. Redeeming gift vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Eminent Europe GmbH (hereinafter "Seller") apply to all contracts for the delivery of Goods that a consumer or entrepreneur (hereinafter “customer”) contracts 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 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed ;can be attributed to activity.

1.4 Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is acting in the exercise of their commercial or independent business professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.2 The customer can submit the offer using 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 on the button that completes 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 email), 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 asking the customer to pay after placing their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which 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 result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, payment is processed 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“), 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 conditions for payments without a PayPal account, which can be viewed 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 during the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process .

2.5 When selecting the payment method "Amazon Payments" Payment processing is carried out 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, which can be viewed at https://payments.amazon.de/help/201751590. If the customer chooses “Amazon Payments“ as part of the online ordering process. as a payment method, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time when the customer initiates the payment process by clicking on the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form after the order has been sent (e.g. email, fax or letter). The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account by specifying the corresponding login -Data can be accessed free of charge.

2.7 Before bindingly submitting 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 of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order 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 More 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 stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated 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 borne by the customer are wearing. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even 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 carries out.

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 has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If you select the payment method “SOFORT”; Payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT“ In order to be able to pay, the customer must have a form for participation in “SOFORT“ have an activated online banking account, identify yourself accordingly during the payment process and send the payment instruction to “SOFORT“ confirm. The payment transaction will be processed immediately afterwards by “SOFORT“ carried out and debited to the customer's bank account. Further information about the payment method “SOFORT” The customer can do so on the Internet at https://www.klarna.com/sofort/ a> retrieve.

4.6 If you select a payment service via the “Shopify Payments” payment service, The payment method offered is 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. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Learn more about Shopify Payments are on the Internet at https://www.shopify.com/legal /terms-payments-de available.

4.7 If you select the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from the invoice date without deduction to Klarna AB, Sveavägen 46,11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The payment method of purchase on account requires a successful credit check by Klarna AB. If the customer is allowed to use the purchase on account payment method after checking the creditworthiness, the payment will be processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only make payments to Klarna AB with debt-discharging effect. Otherwise, the general terms and conditions of Klarna AB apply, which the customer can access as part of the ordering process. The seller reserves the right to only offer the purchase on account payment method 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 of a corresponding payment restriction in his payment information in the online shop.

4.8 If you select a payment option via the payment service “Klarna” The payment method offered is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna“). Further information and Klarna's terms and conditions can be found here:

https://www.eminent.com/pages/payment- methods

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

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 with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller takes over the item to the freight forwarder, the freight carrier or the 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 goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, is transferred to the customer as soon as the seller hands the item to the freight forwarder, the freight forwarder or the other person responsible for the delivery. to a specific person or institution to carry out the shipment, if the customer commissions the freight forwarder, the freight forwarder or the other person or institution designated to carry out the shipment to do so and the seller assigns this person or institution to the customer has not previously named.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has taken due care to conclude a specific cover transaction with the supplier. 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 Pickup is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

• via download
• by email

6) Retention of title

If the seller makes advance payments, he reserves 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 regulations, 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 subsequent fulfillment;
• For new goods, the limitation period for defects is one year from delivery of the goods;
• In the case of used goods, rights and claims due to defects are excluded;
• The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened deadlines regulated above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any obligation of the seller 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 recourse claim remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.

7.5 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8) Redeeming promotional vouchers

8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter " Promotional vouchers"), can only be redeemed in the seller’s online shop and only during the specified period.

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

8.3 Promotion vouchers can only be redeemed before the ordering process is completed. Subsequent billing is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

8.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

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

8.9 The promotional voucher is only intended 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 eligibility of the respective voucher holder.

9) Redemption of gift vouchers

9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be purchased online. The seller's shop can be redeemed unless the voucher states otherwise.

9.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

9.4 Several gift vouchers can be redeemed with one order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

9.7 The balance of a gift voucher will neither be paid out in cash nor bear interest.

9.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

10) Applicable law

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 protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract relate to the professional or can be attributed to the customer's commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

12) Alternative dispute resolution

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

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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