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 Terms
5. Delivery and Shipping Terms
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. 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/your"), conclude with us regarding the goods displayed 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 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 You are a consumer within the meaning of these GTC if you enter into 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, 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 enable you to submit a binding offer.

2.2 You may submit your 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 contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. You may also submit your offer to us by email.

2.3 We may accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by you shall be decisive, or
• by delivering the ordered goods to you, in which case the receipt of the goods by you shall be decisive, or
• by requesting payment from you after you have placed your order.

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

2.4 When selecting 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/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – subject to the Terms 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 that can be selected during the online ordering process, we hereby declare acceptance of your offer at the time 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 saved by us after conclusion of the contract and transmitted to you in text form (e.g. email, fax or letter) after you have placed your order. We do not make the contract text accessible beyond this. If you have set up a user account in our online shop before placing your order, the order data will be archived on our website and can be accessed free of charge by you via your password-protected user account by entering the corresponding login data.

2.6 Before submitting your order in a binding manner 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 detection of input errors may be the zoom function of your browser, which enlarges the display on the screen. You may correct your entries during the electronic ordering process using the standard keyboard and mouse functions until you click the button that completes the ordering process.

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

2.8 Order processing and communication 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, if you use 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 are generally entitled to 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, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices indicated are total prices that include the statutory value added tax. Any additional delivery and shipping costs are 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 are to be borne by you. These include, for example, costs for money transfers through financial institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation 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 available payment method(s) will be communicated to you in our online shop.

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

4.5 When selecting a payment method offered via the payment service "Shopify Payments", payment 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 you in our online shop. Stripe may use further payment services to process payments, for which special payment terms may apply, to which you may be separately referred. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.

4.6 When selecting a payment method offered via the payment service "Mollie", payment is processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "Mollie"). The individual payment methods offered via Mollie are communicated to you in our online shop. Mollie may use further payment services to process payments, for which special payment terms may apply, to which you may be separately referred. Further information on "Mollie" is available on the internet at https://www.mollie.com/de/.

5) Delivery and Shipping Terms

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

5.2 If 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 of delivery if you effectively exercise your right of withdrawal. For return shipping costs, the provisions set out in our cancellation policy shall apply if you effectively exercise your right of withdrawal.

5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, in principle, only pass to you upon delivery of the goods to you or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to you, even if you are acting as a consumer, as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarding agent, 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 in the event that the non-delivery is not attributable to us and that we have concluded a specific covering transaction with the supplier with due diligence. We shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed without delay and the consideration will be refunded to you without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers shall be provided to you as follows:

• by download
• by email
• by post

6) Retention of Title

If we make advance deliveries, we retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If you are acting as an entrepreneur,

• we shall have the choice of the type of subsequent performance;
• for new goods, the limitation period for claims based on defects shall be one year from delivery of the goods;
• for used goods, claims based on defects shall be excluded;
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The aforementioned limitations of liability and shortening of limitation periods shall not apply

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

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

7.4 If you are acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If you fail to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If you are acting as a consumer, you are requested to report any delivered goods with obvious transport damage to the delivery agent and to notify us accordingly. If you fail to do so, this shall have no effect on your statutory or contractual claims for defects.

8) Liability

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

8.1 We shall be liable without limitation on any legal grounds

• in the event 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 in this regard,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If we negligently breach a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless we are liable without limitation pursuant to the preceding paragraph. Material contractual obligations are obligations imposed on us by the contract according to its content in order to achieve the purpose of the contract, the fulfilment of which enables the proper performance of the contract in the first place and on the observance of which you may regularly rely.

8.3 In all other respects, our liability shall be excluded.

8.4 The above liability provisions shall 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 promotional campaigns with a specific validity period and that cannot be purchased by you (hereinafter "Promotional Vouchers") may only be redeemed in our online shop and only during the specified period.

9.2 Promotional Vouchers may 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 may only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.5 Only one Promotional Voucher may be redeemed per order.

9.6 If our Promotional Voucher relates 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 by us.

9.7 If the value of the Promotional Voucher is insufficient to cover your order, you may choose one of the other payment methods offered by us to settle the difference.

9.8 The balance of a Promotional Voucher shall neither be paid out in cash nor shall it bear interest.

9.9 The Promotional Voucher shall not be refunded if you return the goods paid for in whole or in part with the Promotional Voucher in the exercise of your statutory right of withdrawal.

9.10 The Promotional Voucher is transferable. We may make payment with discharging effect to the respective holder who redeems the Promotional Voucher in our online shop. This shall not apply if we have knowledge of or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of authority to represent of the respective holder.

10) Redemption of Gift Vouchers

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

10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to you until the expiry date.

10.3 Gift Vouchers may only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.4 Multiple Gift Vouchers may be redeemed in a single order.

10.5 Gift Vouchers may only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.

10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by us may be selected to settle the difference.

10.7 The balance of a Gift Voucher shall neither be paid out in cash nor shall it bear interest.

10.8 The Gift Voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the Gift Voucher in the seller's online shop. This shall not apply if the seller has knowledge of or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of authority to represent of the respective holder.

11) Applicable Law

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between you and us, excluding the laws on the international sale of movable goods. If you are acting as a consumer, this choice of law shall only apply insofar as the protection afforded 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 shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of conclusion of the contract.

12) Jurisdiction

If you are acting as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. If your registered office is outside the territory of the Federal Republic of Germany, our registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to your professional or commercial activity. In the above cases, however, we shall in any event be entitled to bring proceedings before the court at your registered office.

13) Code of Conduct

- We have submitted to the conditions of participation of the e-commerce initiative "Fairness im Handel" (Fairness in Commerce), which can be viewed on the internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.

14) Alternative Dispute Resolution

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