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. Contract Duration and Termination for Subscription Contracts for Goods
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Alternative Dispute Resolution

1) Scope

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

1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, 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.

1.5 The subject matter of the contract can – depending on our product description – be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of a continuous delivery (hereinafter "subscription contract"). In the case of a subscription contract, we undertake to deliver the contractually owed goods to you for the duration of the agreed contract term at the contractually owed time intervals.

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 going through the electronic ordering process, you submit 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 We can accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), 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 acceptance of your offer begins on the day after you send the offer and ends with the expiry of the fifth day following the sending of the 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 If you choose a payment method offered by PayPal, the payment will be processed 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, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed 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 our acceptance of your offer at the time you click the button that concludes the ordering process.

2.5 If you choose the "Amazon Payments" payment method, payment will be processed by 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 you select "Amazon Payments" as the payment method during the online ordering process, you also issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, we hereby declare our acceptance of your offer at the time you trigger the payment process by clicking the button that completes the ordering process.

2.6 When ordering via our online order form, we will store the contract text after the contract has been concluded and send it to you in text form (e.g. e-mail, fax or letter) after you have sent your order. We will not make the contract text accessible beyond this. If you have set up a user account in our online shop before sending your order, your 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.

2.7 Before submitting your order bindingly 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 the magnification function of your browser, with the help of which the display on the screen is enlarged. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.

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

2.9 Order processing and contact usually take place via e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct, so that the e-mails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.

2.10 When ordering alcoholic beverages, by sending the order you confirm that you have reached the legally required minimum age. We ensure that you have reached the legally required minimum age by using an age verification system. Goods will therefore only be handed over after successful prior verification of your age and authentication.

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 withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in our 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 The payment option(s) will be communicated to you in our online shop.

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

4.4 If you select a payment method offered via the payment service "PayPal", the payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal for which we make advance payments to you (e.g. purchase on account or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. We reserve the right to refuse the selected payment method to you in the event of a negative credit check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, we remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments or credits.

4.5 If you choose the "Sofortüberweisung" payment method, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung", you must have an online banking account activated for participation in "Sofortüberweisung", identify yourself accordingly during the payment process and confirm the payment instruction. The payment transaction will then be carried out immediately by Klarna and your bank account will be debited. Further information on the "Sofortüberweisung" payment method can be found on the Internet at https://www.klarna.com/sofort/.

4.6 If you select a payment method offered via the payment service "Shopify Payments", payment will be 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 will be communicated to you in our online shop. Stripe may use further payment services for the processing of payments, for which special payment conditions may apply, to which you may be separately informed. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.7 If you select a payment method offered via the payment service "Stripe", payment will be 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 Stripe will be communicated to you in our online shop. Stripe may use further payment services for the processing of payments, for which special payment conditions may apply, to which you may be separately informed. Further information on Stripe can be found on the Internet at https://stripe.com/de.

4.8 If you select a payment method offered via the payment service "Stripe", payment will be 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 Stripe will be communicated to you in our online shop. Stripe may use further payment services for the processing of payments, for which special payment conditions may apply, to which you may be separately informed. Further information on Stripe can be found on the Internet at https://stripe.com/de.

4.9 If you select a payment method offered via the payment service "Ratepay" (e.g. Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay installment payment), payment will be processed by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"), to whom we assign our claim against you. Which Ratepay payment methods we offer in detail will be communicated to you on our website. You can only make payments to Ratepay with debt-discharging effect. However, we remain responsible for general customer inquiries (e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments or credits). In all other respects, Ratepay's General Payment Terms apply, which can be viewed here: https://www.ratepay.com/legal-payment-terms/

4.10 If you select a payment method offered via the payment service "VR Payment", payment will be processed by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter: "VR Payment"). The individual payment methods offered via VR Payment will be communicated to you in our online shop. VR Payment may use the services of third-party payment service providers for the processing of payments, for which special payment conditions may apply, to which you may be separately informed. Further information on "VR Payment" can be found on the Internet at https://www.vr-payment.de/produkte/e-commerce-payment.

4.11 If you select a payment method offered via the payment service "Commerz Global Pay", payment will be processed by the payment service provider Commerz Globalpay GmbH, Elsa-Brandström-Straße 10-12, 50668 Cologne, Germany (hereinafter: "Commerz Global Pay"). The individual payment methods offered via Commerz Global Pay will be communicated to you in our online shop. Commerz Global Pay may use the services of third-party payment service providers for the processing of payments, for which special payment conditions may apply, to which you may be separately informed. Further information on "Commerz Global Pay" can be found on the Internet at https://www.commerz-globalpay.com/de-de/loesungen/e-commerce.

4.12 If you select a payment method offered via the payment service "Adyen", payment will be processed by the payment service provider Adyen N.V., Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands (hereinafter: "Adyen"). The individual payment methods offered via Adyen will be communicated to you in our online shop. Adyen may use the services of third-party payment service providers for the processing of payments, for which special payment conditions may apply, to which you may be separately informed. Further information on "Adyen" can be found on the Internet at https://www.adyen.help/hc/de.

4.13 If you select a payment method offered via the payment service "Unzer", payment will be processed by Unzer Luxembourg S.A., 18 - 20 Rue Gabriel Lippmann, 5365 Munsbach, Luxembourg (hereinafter: "Unzer"). The individual payment methods offered via Unzer will be communicated to you in our online shop. Unzer may use the services of third-party payment service providers for the processing of payments, for which special payment conditions may apply, to which you may be separately informed. Further information on "Unzer" can be found on the Internet at https://www.unzer.com/de/zahlungsmethoden/.

4.14 If you select a payment method offered via the payment service "Stripe", payment will be 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 Stripe will be communicated to you in our online shop. Stripe may use further payment services for the processing of payments, for which special payment conditions may apply, to which you may be separately informed. Further information on Stripe can be found on the Internet at https://stripe.com/de.

4.15 If you select a payment method offered via the payment service "SumUp", payment will be processed by the payment service provider SumUp Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland D02 K580 (hereinafter "SumUp"). The individual payment methods offered via Stripe will be communicated to you in our online shop. SumUp may use further payment services for the processing of payments, for which special payment conditions may apply, to which you may be separately informed. Further information on SumUp can be found on the Internet at https://www.sumup.com/de-de/.

4.16 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which is authorized by us to collect the claim on our behalf. PAYONE GmbH debits the invoice amount from your specified credit card account. The credit card is debited immediately after your order is sent in the online shop. Even if you choose credit card payment via PAYONE GmbH, we remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and shipments or credits.

4.17 If you choose credit card as your payment method, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz, Germany (www.secupay.ag), to whom we assign our payment claim. secupay AG will collect the invoice amount from your specified credit card account. In the case of assignment, payment can only be made to secupay AG with debt-discharging effect. Your credit card will be charged immediately after you send your order in the online shop. Even if you choose credit card payment via secupay AG, we remain responsible for general customer inquiries, e.g. regarding returns, complaints, cancellation declarations and shipments or credits.

4.18 If you choose credit card payment via Stripe, the invoice amount is due immediately upon conclusion of the contract. 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"). Stripe reserves the right to carry out a credit check and to refuse this payment method if the credit check is negative.

4.19 If you choose the "Riverty Installment Payment" method, payment processing is carried out by Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (hereinafter "Riverty"), to whom we assign our payment claim. Before accepting our declaration of assignment, Riverty carries out a credit check using your submitted customer data. We reserve the right to refuse you the "Riverty Installment Payment" method in the event of a negative credit check result. If the "Riverty Installment Payment" method is approved by Riverty, you must pay the invoice amount to Riverty according to the conditions we specify, which will be communicated to you in our online shop. In this case, you can only make payment to Riverty with debt-discharging effect. However, even in the case of assignment of claims, we remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credits. In addition, the Special Contractual Conditions for Subsequent Partial Payment Transactions (Riverty Installment Payment), which can be accessed online at https://documents.riverty.com/terms_conditions/payment_methods/installments/de_de/, apply.

5) Delivery and Shipping Conditions

5.1 If we offer to ship goods, delivery will be made within the delivery area specified by us to the delivery address you provide, unless otherwise agreed. The delivery address specified in our order process is decisive for the processing of the transaction. Notwithstanding this, if you choose PayPal as your payment method, the delivery address you have stored with PayPal at the time of payment 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 of sending the goods if you effectively exercise your right of withdrawal. For the return costs, the provision made in our cancellation policy applies if you effectively exercise your right of withdrawal.

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 when the goods are handed over to you or a person authorized to receive them. Notwithstanding this, if you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods also 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 non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to you as follows:

• via download
• via email

6) Contract Duration and Termination for Subscription Contracts for Goods

6.1 Subscription contracts are concluded for an indefinite period and can be terminated by you at any time without notice.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot reasonably be expected of the terminating party.

6.3 Terminations can be made in writing, in text form (e.g., by email) or in electronic form using the termination device (termination button) provided by us on our website.

7) Retention of Title

If we make advance payments, we reserve ownership of the delivered goods until full payment of the owed purchase price.

8) Liability for Defects (Warranty)

Unless otherwise stipulated 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:

8.1 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 in the context of liability for defects.

8.2 The limitations of liability and reductions of deadlines 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 use and have caused its defectiveness,
• for any existing obligation on our part to provide updates for digital products, in contracts for the delivery of goods with digital elements.

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

8.4 If you act as a merchant within the meaning of § 1 HGB, 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 approved.

8.5 If you act as a consumer, you are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform us thereof. Failure to do so will not affect your statutory or contractual claims for defects.

9) Liability

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

9.1 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, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this regard,
• on the basis of mandatory liability, such as under the Product Liability Act.

9.2 If we negligently violate a material contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless we are liable without limitation according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose observance you can regularly rely.

9.3 Otherwise, our liability is excluded.

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

10) Redemption of Promotional Vouchers

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

10.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of your promotional voucher.

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

10.4 You can redeem multiple promotional vouchers for one order.

10.5 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.

10.6 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.

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

10.8 The promotional voucher will not be refunded if you return the goods paid for entirely or partially with the promotional voucher within the scope of your statutory right of withdrawal.

10.9 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 grossly negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.

11) Redemption of Gift Vouchers

11.1 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.

11.2 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 expiry date.

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

11.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

11.5 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.

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

11.7 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 grossly negligent ignorance of the lack of authorization, legal incapacity or lack of power of representation of the respective holder.

12) Applicable Law

For all legal relations between us, the law of the Federal Republic of Germany applies, 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.

13) Place of Jurisdiction

If you act 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 is our registered office. If you have your registered office outside the territory of the Federal Republic of Germany, our registered office is 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, however, we are in any case entitled to appeal to the court at your place of residence.

14) Alternative Dispute Resolution

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