General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
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 of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Vorfreude 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 in our online shop. We hereby object to the inclusion of your own terms, unless we have agreed otherwise with you.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise stipulated.

1.3 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.

1.4 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.

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 enable you to submit a binding offer.

2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process. You can also submit the offer to us by email.

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
• by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
• by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this is considered a rejection of the offer with the consequence 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 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/legalhub/paypal/useragreement-full or – if you do 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 you pay using a PayPal payment method selectable during the online order process, we hereby declare our acceptance of your offer at the time you click the button that concludes the order process.

2.5 When submitting an offer via our company's online order form, the contract text will be stored by us after the contract is concluded and transmitted to you in text form (e.g. email, fax or letter) after you send your order. We will not make the contract text accessible beyond this. If you have created a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by entering the corresponding login data.

2.6 Before placing a binding 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 can be your browser's magnification function, which magnifies the display on the screen. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.

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

2.8 Order processing and contact generally take place via email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us 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 our cancellation policy.

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

4) Prices and Payment Conditions

4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be indicated 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 we are not responsible and which you must bear. 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 may also arise with regard to money transfers if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to you in our online shop.

4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is handled 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 you in our online shop. Stripe may use other payment services for payment processing, for which special payment conditions may apply, about which you may be separately informed. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.6 If a payment method offered via the payment service "Mollie" is selected, payment processing is handled by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered via Mollie will be communicated to you in our online shop. Mollie may use other payment services for payment processing, for which special payment conditions may apply, about which you may be separately informed. Further information on "Mollie" is available on the Internet at https://www.mollie.com/de/.

5) Delivery and Shipping Conditions

5.1 If we offer to ship the goods, delivery will be made within the delivery area specified by us to the delivery address you have provided, unless otherwise agreed. For the processing of the transaction, the delivery address specified in our order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs for the outward shipment if you effectively exercise your right of withdrawal. For the return costs, in the event of effective exercise of the right of withdrawal by you, the provision made in our cancellation policy applies.

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 item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you or a person authorized to receive them upon delivery of the goods. Notwithstanding this, if you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods already passes to you as soon as we have delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if we are not responsible for the non-delivery and we have concluded a specific hedging transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to you as follows:

• by download
• by email
• by post

6) Retention of Title

If we make an advance payment, we reserve 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 you act as an entrepreneur,

• we have 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 limitations of liability and reductions in time limits regulated above do not apply

• to your claims for damages and reimbursement of expenses,
• in the event that we have fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for any existing obligation on our part to provide updates for digital products in contracts for the supply 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 you act as a merchant within the meaning of § 1 HGB (German Commercial Code), you are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.5 If you act as a consumer, you are requested to complain about goods delivered with obvious transport damage to the delivery person and to inform us of this. If you do not comply with this, it will have no effect on your statutory or contractual claims for defects.

8) Liability

The seller is liable to you for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 We are liable without limitation 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 we negligently violate an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless we are liable without limitation in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on us for the achievement of the contract's purpose, the fulfillment of which enables the proper execution of the contract in the first place, and on the observance of which you can regularly rely.

8.3 Otherwise, our liability is excluded.

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

9) Redemption of Promotional Vouchers

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

9.2 Promotional vouchers can only be redeemed by you as a consumer.

9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of your promotional voucher.

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

9.5 Only one promotional voucher can be redeemed per order.

9.6 If our promotional voucher refers to a specific value and not to a percentage discount, your merchandise value must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by us.

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

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

9.9 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.

9.10 The promotional voucher is transferable. We can make payment with discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or gross negligent ignorance of the lack of authorization, legal incapacity or lack of representation authority of the respective holder.

10) Redemption of Gift Vouchers

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

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances will be credited to you until the expiration date.

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

10.4 Several gift vouchers can also be redeemed for one order.

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

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by us can be chosen to settle the difference.

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

10.8 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 gross negligent ignorance of the lack of authorization, legal incapacity or lack of representation authority of the respective holder.

11) Applicable Law

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

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

12) Place of jurisdiction

If you are acting as a merchant, a legal entity under public law, or a special fund under public law with a registered office in 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 your registered office is 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 from the contract can be attributed to your professional or commercial activity. In the aforementioned cases, we are, however, entitled in any case to appeal to the court at your registered office.

13) Code of Conduct

- We have subjected ourselves to the terms and conditions for participation in the "Fairness im Handel" (Fairness in Trade) eCommerce initiative, which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

14) Alternative dispute resolution

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