General Terms and Conditions with Customer Information

Table of Contents

1. Scope of application
2. Contract conclusion
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. Applicable law
10. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Dirk Limbach, trading as "Devinylhunter" (hereinafter "Seller"), apply to all contracts for the supply of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller concerning the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise stipulated. Digital content within the meaning of these General Terms and Conditions is data that is created and provided in digital form.

1.3 A 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 attributable to their commercial nor their independent professional activity.

1.4 For the purposes of these General Terms and Conditions, an "entrepreneur" is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

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 are intended to enable the customer to make a binding offer.

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 completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that completes the ordering process.

2.3 The seller may 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
• by asking the customer to make a payment after placing their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the customer sends the offer and ends on 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 consequence that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under 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 hereby declares the acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after conclusion of the contract and transmitted to the customer in text form (e.g., e-mail, fax, or letter) after submission of their order. 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 submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

2.6 Before placing a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical tool for better detection of input errors is the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their input using standard keyboard and mouse functions until they click the button that completes the order process.

2.7 The German language is available for concluding the contract.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered when using SPAM filters.

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 the seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices shown are total prices. Value added tax is shown, unless the goods are subject to differential taxation according to § 25a UStG. Any additional delivery and shipping costs 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 which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs relating to money transfers may also arise if the delivery is not 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 advance payment by bank transfer has been agreed upon, the payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, the 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 are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services, for which special payment terms may apply, which the customer will be informed of separately if necessary. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available on demand.

5) Delivery and Shipping Terms

5.1 If the seller offers shipping, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if PayPal is selected as the payment method, the delivery address stored with PayPal by the customer at the time of payment is decisive.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, the regulation made by the seller in the cancellation policy applies if the customer effectively exercises their right of withdrawal.

5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the goods to the freight forwarder, 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 goods sold generally only passes with the handover of the goods to the customer or a person entitled to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer even in the case of consumers as soon as the seller has delivered the goods to the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment with the execution 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-supply. This only applies if the non-delivery is not attributable to the seller and the seller has concluded a concrete hedging 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-pickup is not possible due to logistical reasons.

6) Retention of title

If the seller makes a prepayment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the regulations of the statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

• the seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for defects is one year from the delivery of the goods;
• in the case of used goods, the rights and claims due to defects are excluded;
• the limitation period does not begin anew if a replacement delivery is made as part of the liability for defects.

7.2 The limitations of liability and reductions in deadlines stipulated above shall not apply.

• for customer claims for damages and reimbursement of expenses,
• in the event that the seller 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 of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 Furthermore, for businesses, the statutory limitation periods for any existing legal recourse claim remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty of inspection and notification according to § 377 HGB. If the customer fails to fulfill the notification obligations stipulated therein, the goods are deemed to be approved.

7.5 If the customer acts as a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to inform the seller. Failure to do so will not affect their statutory or contractual warranty claims.

8) Liability

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

8.1 The seller is liable without limitation on any legal basis.

• in case of intent or gross negligence,
• in the case of intentional or negligent injury to life, body or health,
• due to a guarantee promise, unless otherwise stipulated,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently violates a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies in accordance with the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content for the purpose of achieving the contractual purpose, the fulfillment of which is a prerequisite for the proper execution of the contract, and on the observance of which the customer may regularly rely.

8.3 Furthermore, the seller is excluded from liability.

8.4 The above liability regulations also apply with regard to the seller's liability for his vicarious agents and legal representatives.

9) Applicable Law

The law of the Federal Republic of Germany shall govern all legal relations between the parties, to the exclusion of the laws on the international sale of movable property. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

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

10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.